The Right to Destroy Cultural Property and NAGPRA

Summary

This is an abstract from the "Four Decades of NAGPRA, Part 1: Accomplishments and Challenges" session, at the 90th annual meeting of the Society for American Archaeology.

This submission explores the right to destroy cultural property, which is a distinctive aspect of Native American cultural sovereignty embedded in the Native American Graves Protection and Repatriation Act (NAGPRA). The right to destroy is an understudied but recognized property right; when property becomes distinguished as culturally or historically significant, deep concerns arise about its destruction.

I draw two critical conclusions by analyzing domestic and international perspectives on the destruction of cultural property. First, the Western-centric ethos of preservation often overlooks the potential for destruction to serve as a powerful, expressive, and cathartic act, offering practical benefits unrealizable through preservation alone. Second, acts of destruction, such as burial, intentional omission from preservation, and ceremonial destruction represent Native Americans' ultimate assertion of control over their cultural property. The right to destroy property can be further understood as an extreme exercise of the property rights of use, exclusion, and alienation.

I urge a reevaluation of preservation-centric approaches. This shift is not just a suggestion but a necessity in favor of acknowledging and respecting Native American agency and their right to destroy. This understanding of the right to destroy is imperative for Native Nations to leverage this right in international repatriation efforts strategically.

This Resource is Part of the Following Collections

• Society for American Archaeology 90th Annual Meeting, Denver, CO (2025)   •
• Four Decades of NAGPRA, Part 1: Accomplishments and Challenges

Keywords

Record Identifiers

Abstract Id(s): 52096