The Routledge Handbook of Archaeological Human Remains and Legislation
eBook - ePub

The Routledge Handbook of Archaeological Human Remains and Legislation

An international guide to laws and practice in the excavation and treatment of archaeological human remains

  1. 774 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

The Routledge Handbook of Archaeological Human Remains and Legislation

An international guide to laws and practice in the excavation and treatment of archaeological human remains

About this book

Methodologies and legislative frameworks regarding the archaeological excavation, retrieval, analysis, curation and potential reburial of human skeletal remains differ throughout the world. As work forces have become increasingly mobile and international research collaborations are steadily increasing, the need for a more comprehensive understanding of different national research traditions, methodologies and legislative structures within the academic and commercial sector of physical anthropology has arisen. The Routledge Handbook of Archaeological Human Remains and Legislation provides comprehensive information on the excavation of archaeological human remains and the law through 62 individual country contributions from Europe, Asia, Africa, North America, South America and Australasia.

More specifically, the volume discusses the following:

  • What is the current situation (including a brief history) of physical anthropology in the country?
  • What happens on discovering human remains (who is notified, etc.)?
  • What is the current legislation regarding the excavation of archaeological human skeletal remains? Is a license needed to excavate human remains? Is there any specific legislation regarding excavation in churchyards? Any specific legislation regarding war graves?
  • Are physical anthropologists involved in the excavation process?
  • Where is the cut-off point between forensic and archaeological human remains (e.g. 100 years, 50 years, 25 years
)?
  • Can human remains be transported abroad for research purposes?
  • What methods of anthropological analysis are mostly used in the country? Are there any methods created in that country which are population-specific?
  • Are there particular ethical issues that need to be considered when excavating human remains, such as religious groups or tribal groups?

In addition, an overview of landmark anthropological studies and important collections are provided where appropriate.

The entries are contained by an introductory chapter by the editors which establish the objectives and structure of the book, setting it within a wider archaeological framework, and a conclusion which explores the current European and world-wide trends and perspectives in the study of archaeological human remains. The Routledge Handbook of Archaeological Human Remains and Legislation makes a timely, much-needed contribution to the field of physical anthropology and is unique as it combines information on the excavation of human remains and the legislation that guides it, alongside information on the current state of physical anthropology across several continents. It is an indispensible tool for archaeologists involved in the excavation of human remains around the world.

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Information

Publisher
Routledge
Year
2011
Print ISBN
9780415588577
eBook ISBN
9781136879555

PART 1

Europe

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Albania/Shqipëria

Maria Grazia Amore

INTRODUCTION: A BRIEF HISTORY AND CURRENT STATE OF
PHYSICAL ANTHROPOLOGY IN ALBANIA

Physical anthropology as a discipline began relatively late in Albania, after the Second World War. As with all other disciplines which arose and developed during this period, physical anthropology was based on Marxist theory, summarized by Engels as a science which made it possible to understand the transition from the morphology and physiology of the human being and its races to history. Central to anthropological studies became the issue of the ethnogenesis of the Albanian people.
Anthropological research on the Albanian living population, however, began in the last quarter of the 19th century, especially by foreign travellers such as François Pouqueville and scholars such as Carleton Coon and Renato Biasutti (Pouqueville 1805: 153–54; Coon 1950; Biasutti 1967: 332–34). Nevertheless their studies remained isolated and did not become part of a homogeneous scientific corpus. It was only in 1973 that the first anthropology department in the Institute of History was created, which in 1976 became part of the Centre of Archaeological Research of the Academy of Sciences (QĂ«ndra e KĂ«rkimeve Arkeologjike tĂ« AkademisĂ« sĂ« Shkencave). The bases of Albanian anthropology at the time were the study of the physical characteristics of the modern population and a comparison of these to the skeletal material from past periods, in order to establish the origin, gradual formation, continuity and chronological development of the anthropological types in the country.
The first tasks of this research were to identify anthropological traits in particular areas of the country, and to begin a collection of skeletal remains pertaining to a wide chronological span, dating from the early Neolithic (sixth millennium BC) to the 19th century AD. The final goal was to demonstrate that modern Albanians were the direct descendants of the Illyrians, who played an important role in history, and that Albania was the centre of the Dinaric race, a subcategory of the Europid race (Dhima 1985: 5–6, 11–12, 15).
The methodology of the earlier studies consisted in measurements of the living population, mostly individuals from the north of the country where there was a higher degree of isolation. Due to lack of standardization, the results often varied from scholar to scholar because of the way the measurements were taken. Carleton Coon was the first scientist to include observations on the natural and social context which he considered as influencing human beings, especially in the early years of life (Coon 1950). Rudolf Virchow and RaphaĂ«l Zampa were the first scholars to focus on skull measurements, and Ernest-ThĂ©odore Hamy was the first one to take measurements of archaeological skulls found during the excavations in the cemetery of Koman, dated to between the sixth and eighth centuries AD (Virchow 1877: 769–819; Zampa 1886; Hamy 1900).
In the 1970s and 1980s Albanian scholars such as A. Ylli and B. Çipi wrote on the assessment of the age and sex of an adult individual on the basis of the ectocranial sutures (Ylli and Çipi 1973, 1975); however, the scholar who had collected data in a more systematic way was Aleksander Dhima. He had a medical background, and had specialized in anthropology through a Humboldt fellowship in Germany in the early 1980s. In his study, he collected data on living populations and on skeletal material from Antiquity to the Middle Ages. The objective of his work was to provide a general picture of the formation and transformation through time of the anthropological typologies of Albanians in order to contribute to the issue of the ethnogenesis of the Albanian population. To achieve this, he presented the anthropological data available for Albania, and he himself observed 1079 male and 668 female living individuals representative of the eight major regions of the country while also studying 201 mediaeval skeletons for comparison (Dhima 1985: 6–7). Among the living people of Albania, he observed individuals of three social categories: farmers, workers in state firms, and other professionals such as doctors and teachers, etc. The individuals in each of the three categories ranged between 19 and 60 years of age for men and between 18 and 55 years of age for women. Individuals with certain pathological conditions were excluded from his comparative study. The anthropometric measurements taken had as a reference internationally recognized standards such as those by Rudolf Martin and Henri-Victor Vallois. Skin colour was assessed using the scale developed by Felix von Luschan. The data were then statistically elaborated in the Centre of Mathematics of the Academy of Sciences in Tirana. Apart from the measurements and other observations, photographs of most individuals were also taken (Dhima 1985: 67–71). After his research, Dhima concluded that in all the Albanian regions there was a prevalence of the Adriatic anthropological physique (Dhima 1985: 146).
In the mediaeval skeletal sample, Dhima noticed more variation. The general picture was again that of a population with mostly Adriatic characteristics, but in some cases, Mediterranean, Alpine and Cromagnoid types were also observed. All the data were subsequently statistically analysed in order to assess the degree of homogeneity within the same series, and between the different series of the same and of different chronological periods and geographical regions. The statistical parameters used were those of Ronald Aylmer Fisher and Harold Hotelling (Dhima 1985: 203–9).
Dhima concluded that he supported the argument that the Albanian population had a consistent evolution from the Early Middle Ages (10th to 12th centuries AD) to modern times, with the Adriatic element as its anthropological substratum (Dhima 1985: 266). He reinforced this thesis with sporadic observations conducted during other archaeological excavations. He noticed, in fact, that the Adriatic element was present in the individual of the central grave of the Tumulus of Barç, dated to the late Bronze Age (13th century BC). Even the less prevalent types, such as the Mediterranean type, were present in the skeletons from Podgorie and Cakran, dated to the Neolithic period (late fifth millennium BC), and from the necropolis of Dyrrah dated between the fourth and second centuries BC. The Cromagnoid type was identified as being present in the individual of the central grave of the Tumulus of PiskovĂ«, dated to the early Bronze Age (second half of the third millennium BC) (Dhima 1985: 231–32, 235).

Education and training

Physical anthropology in the country is currently underrepresented. There exists a course of physical anthropology in the Faculty of Biology at the University of Tirana, but no physical anthropologists collaborate with archaeologists. Since the 1990s, after the fall of the communist regime and with collaborations with foreign universities now possible, anthropological scholars from outside Albania have taken part in multidisciplinary teams undertaking archaeological excavations at various Albanian sites (Schepartz 2010; Stallo et al. 2010; Bejko et al. 2006; Papadopoulos et al. 2007).

ARCHAEOLOGICAL HUMAN REMAINS AND LEGISLATION

Archaeological legislation

The Law for Cultural Heritage (no. 9048, of 7 April 2003; updated with Law no. 9882 of 28 February 2008: MTKRS 2009) regulates all the issues concerning legislation regarding the protection, rights and duties of the institutions operating in the field of Cultural Heritage. Articles which deal with the archaeological activity include nos 33, 41, 42, 43, 44, 45, 46, 47, 48. These include information on excavations and conservation work. Archaeological activity at and protection of monuments fall under the National Council of Restoration (Këshilli Kombëtar e Restaurimeve), the Institute of Archaeology (Instituti Arkeologjik) for research excavations, and the Agency for the Archaeological Service (Agjencia e Shërbimit Arkeologjik) for rescue excavations.
In Albania, it is forbidden to excavate and to use metal detectors without authorization (Article 33). Investigations, test pits, and excavations in the entire territory of the republic of Albania are the monopoly of the Albanian State (Article 41). The Agency for the Archaeological Service is the principal institution, under the authority of the Cultural Heritage minister, and was created to undertake archaeological excavations and any other archaeological, architectural or historical studies which may be affected by urban planning or construction works of any kind. The structure and the personnel of the Agency for the Archaeological Service are approved by a decree of the prime minister according to proposals of the minister responsible for the Cultural Heritage. The National Council of Archaeology (Këshilli Kombëtar i Arkeologjisë) is an agency consisting of specialists of the respective fields who meet periodically with the ministry for the Cultural Heritage (Article 42). The activities mentioned in article 41 are undertaken by state and private agencies, local or foreign. These collaborations take place on the basis of bi- or multilateral agreements. Exclusively foreign institutions are forbidden to work independently in the country. In any case, collaborations are authorized by the National Council of Archaeology (Article 43).
Archaeological objects found during archaeological excavations are the property of the Albanian State (Article 44). Anybody who discovers, by chance, objects of Cultural Heritage have the duty to notify the local institution dealing with Cultural Heritage, the Agency for the Archaeological Service, or the regional directories of Cultural Heritage (Drejtoritë rajonale të kulturës kombëtare) within 20 days, stating the nature of the discovery and its location. After documenting the artefact, the commission created for this purpose by specialists of these different institutions assesses the value and future status of the object, as well as any compensation to the person(s) who discovered it (Article 45). In case of important discoveries, authorized personnel of the Agency for the Archaeological Service request any potential development work to stop immediately. Further actions are decided by the National Council of Archaeology no later than ten days from the interruption of the works (Article 46). In case of major projects such as the construction of roads, highways, airports, ports, industrial and residential complexes, during the process of planning and realization of the project investors are obliged to have the written approval from the National Council of Conservation and the National Council of Archaeology. Specialists evaluate the area and prepare a report. When important archaeological, ethnographical or architectural findings are expected, it is necessary for the construction project to change. All expenses for the investigation, documentation and any eventual changes in the project have to be covered by the investors (Article 47). In the case where archaeological excavation has to proceed all the archaeological expenses including the excavation and post-excavation analysis, restoration and conservation should be fully covered by the investors (Article 48).

HUMAN REMAINS AND LEGISLATION

The boundary between archaeological and forensic cases is 50 years. By experience, chance finds of skeletal material are notified to the local Cultural Heritage authorities. Human bones found outside modern cemeteries are investigated as archaeological finds.
As it is clear from the legislation illustrated above, there is no specific mention of human remains. It is implied, however, that archaeological human remains will be treated and stored in the same way as other archaeological finds, and therefore there is also no planning for reburial.
Excavating an ancient cemetery or necropolis does not require a different or additional permit from other archaeological monuments. The National Council of Archaeology has the right to establish particular requirements based on the nature of the proposed excavation, as well as to authorize sending any samples abroad, but there are no specific requirements in law.
The presence of a physical anthropologist in an archaeological project is not compulsory, but is certainly recommended. The anthropologist should assist and advise on excavation strategies and the lifting of huma...

Table of contents

  1. Frontcover
  2. Title Page
  3. Copyright
  4. Contents
  5. List of illustrations
  6. Notes on contributors
  7. Foreword
  8. Notes from the Editors
  9. Introduction
  10. Part 1 Europe
  11. Part 2 Rest of the world
  12. Concluding remarks Nicholas MĂĄrquez-Grant and Linda Fibiger
  13. Appendices
  14. Index

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