Claudia Surjadjaja - PowerPoint Presentation

Slide1

Claudia SurjadjajaSBS Meeting, EIMB, Jakarta 17 Jan 2011

Ethical

Perspectives

on Re-study

of Human

Remains

Rights

of the dead

vs.

scientific needs of the livingSlide2

collected between 1800 to early 1900entire archipelago, then NOIuntil 1960 used for physical anthropology study

loaned to the

Vrolik Museum UoA for 3 decadesforgotten, 7 years ago found, returned to Tropendocumented and categorized2007 discussions with experts, a report producedunclaimed, less scientific value, space problem (Category C)Tropen through KITLV contacted EIMB

“Indonesian”

HR in

Tropen

MuseumSlide3

Collections and Issues to Re-study

Three categories:

1. “Japanese” soldiers found in Biak, Papua2. Remains from community cemetery in Surabaya3. Other remains from all over the archipelagoMedico-legal and ethical issues:- “Permission” to re-study the remains: who owns the remains?

- Repatriation: is this morally just? what are the bases?

- Indonesia: play what role? who plays a role? What consideration to Indonesian ethics?Slide4

Study aim and objectives

Study aim

investigate dynamic cultural ethics in treating HR  ethical groundsSpecific objectives 1. Document prevailing attitudes and debates, especially in Indonesian context2. Analyze current global ethics on scientific study and repatriation of human remains

3. Assess the extent to which policy exists (mostly on legality and ethics)

4. Assess the likelihood for Indonesian

CoESlide5

Conceptual Framework

beliefs/

religious perspectivesscientific/medical perspectiveshuman value/moral perspectives

Specific

Objectives

Research

questionsSlide6

European past fascination and current debate

HR = once

living peopleethics = conduct for living

e

thics = not BW, HR =

not a neutral object

rights of the dead

vs

scientific needs of the living

c

ontinuum: repatriation/restitution ---

DNA study

r

e-dress

the historic imbalance

cleanse past evil deeds, even if entail a loss to science

correct past wrong doings, making the most, heal the open festering wounds

ethical reasoning: beliefs/religious ground, scientific ground, or moral philosophical ground. Slide7

1. Beliefs/religious perspectivesSlide8

1. Beliefs/religious perspectives

Islam:

where one dies is where one should be buried, human body is sacred even after death. “Breaking the bone of a dead person is similar (in sin) to breaking the bone of a living person” (Sunan Abu Dawud, SunanIbnMajah, Musnad Ahmad).Hindu and Buddhist: cremation is more than disposing

of the body, it symbolizes a sense of detachment, the soul is set free from bondage

Christian

:

burial versus cremation, resurrection of bodies at the end timesSlide9

HR values: scientific study, not archeological

benefitting the living by studying

past healthdiseases evolve as do all organismswhat we can do TODAY to have better health & improve our livesdisagreement: information from HR provides insights that can only be obtained from HR rationalist science-based viewJenkins (2003): “…the return of HR to indigenous communities is not just an assault on scientific research, but a faltering belief in human progress itself

”

2. Science/Medical PerspectivesSlide10

the dead is a means to the living your end is my beginning?

human remains are not neutral objects

sanctity of human body, what constitutes respectful treatment (philosophical, cultural, & ethical framework)Jim Bowler: “The science isn't as important as the descendants' rights." Socrates put it in Plato’s Republic, “We are discussing no small matter, but how we ought to live”.

3. Human Values/Moral PerspectivesSlide11

Uti possidetis

juris

principle: as you possessed, you shall possess henceforthnewly formed sovereign states should have the same borders that they had before their independence HR issue is thus a matter of foreign policy“origin” country/communities?Law on Regional Autonomy: foreign policy is the domain of Central Governmentinvolving various technical ministries, DG of Consular Affairs at the Foreign Ministry as coordinator (Law on Foreign Relations)Cultural and Legal FrameworkSlide12

Arguments on “Indonesian” collection

who “owns” these HR?

HR is cultural property? re-study: the dead right, infringe of privacy, not an artifact for experiments“ownership”  politicizationDutch (Western) perspective vs Indonesian

Japanese” soldiers remains: violation of Geneva Convention (skulls from Saipan at UC Berkeley)Slide13

Ethical Principles

Non-

maleficence: risk of misidentificationBeneficence: body of knowledgeJustice: the dead, the livings, society at large, value of scienceAutonomy: informed consent from relatives for biological samples

Common ground



a shared humanity

How remains relate to research framework:

resource assessment (current state of knowledge)

research agenda (potential area)

research strategy (identify priorities & methods)Slide14

Conclusion and recommendations

there is no global ethics

Tropen’s research policy  umbrella policy

applied ethics: moral outcomes in specific situations

casuistry: case-based reasoning, used for juridical and

ethical discussions of law & ethics

instead of rule-based/principle-based reasoning

Recommendations

“Japanese” soldiers remains: shall be repatriated, burry (Memorial

War), abide by ICRC Guideline

community remains: research

plan, burry

untracked, incl. Papuan remains: museum is a graveyard? Kept

until when?  burrySlide15

Communities tend to be guided less than individuals by conscience and a sense of responsibility. How much misery does this fact cause mankind! It is the source of wars and every kind of oppression, which fill the earth with pain, sighs and bitterness – Albert Einstein, 1934

Requiescat in pace