A/HRC/45/35 human remains to communities, “which does not match with the indigenous collective/communal notion of property”.34 50. In some cases, ceremonial objects and human remains were kept under State ownership, but moved to museums closer to the indigenous peoples involved. For example, the Ministry of Culture of Chile approved and oversaw an indefinite loan of human remains and ceremonial objects from the National Museum of Natural History to the Father Sebastián Englert Anthropological Museum of Rapa Nui. 35 While it is laudable to see indigenous peoples given a more active role in the stewardship of these collections, it is also important to ensure this arrangement is in accordance with the provisions of the Declaration not only with regard to cultural rights, but also self-determination, participation, consultation and free, prior and informed consent. 2. International repatriations 51. International repatriations are complex and involve many challenges. These include differing legal and policy frameworks at the international, national and subnational levels; high financial costs; and importantly, the lack of a legal framework or mechanism for the repatriation of ceremonial objects, human remains and cultural heritage directly to the indigenous peoples involved. 52. The Museum of New Zealand Te Papa Tongarewa works with Māori communities to facilitate the repatriation of human remains. The Karanga Aotearoa Repatriation Programme was established in 2003. Under the Programme, over 600 ancestors have been repatriated and ancestors have been reunited with 17 different tribal groups. In addition, under the Programme, positive relationships have been established with over 70 overseas institutions. At the heart of the Programme’s success is the partnership between indigenous peoples, the Government and collecting institutions, and the fact that it has been an indigenous-led process. Also, the Programme is underpinned by Māori principles such as tikanga Māori, (deep Māori philosophy and customary practice), mātauranga Māori (traditional knowledge) and mahi tahi (cooperation).36 53. There are several lessons to be learned from the repatriation of human remains to Hawaii over the last 30 years from museums in Germany, the United Kingdom of Great Britain and Northern Ireland and continental United States of America, among others. As Edward Halealoha Ayau pointed out, it is crucial for indigenous peoples to “control the narrative” by taking the position that there are no limitations, statutory or otherwise, to asserting cultural values anywhere in the world; advocating family responsibilities and duties as the primary source of authority supported by legal rights; and advocating cultural values over scientific ones. In his experience, success in international repatriations is “forged by time, experience and the pursuit and establishment of principles of humanity”. 37 This approach has fostered repatriations and enduring partnerships with museums based on respect and a common humanity. 54. In 2010, the remains of five Kawésqar ancestors held at the University of Zurich, Switzerland were repatriated to Chile. These five individuals had a tragic history of abduction and forced exhibit in “human zoos” throughout Europe in the nineteenth century. They were received with presidential honours, and subsequently reburied in a traditional Kawésqar ceremony on the island of Karukinká in Tierra del Fuego.38 55. In a similar case in Uruguay, the repatriation of the remains of the Charrúa cacique (chief) Vaimaca Perú from France and his subsequent burial at the National Pantheon in 2008 34 35 36 37 38 Presentation by Kunihiko Yoshida at the expert seminar. See also submissions from the Centre for Environmental and Minority Policy Studies (CEMIPOS) and Shimin Gaikou Centre. Submission from Chile (in Spanish). Presentation by Te Herekiekie Herewini at the expert seminar. Presentation by Edward Halealoha Ayau at the expert seminar. See also submission from the Nation of Hawaii. Chile, Memoria del Ministerio de Relaciones Exteriores: Año 2009, p. 135. Available at https://minrel.gob.cl/biblioarchivo/site/artic/20131015/asocfile/20131015154606/memoria_2009__re v_abril_2014_.pdf (in Spanish). See also Rodrigo Bustamante, “130 años después regresan los kawésqar”, BBC News, 14 January 2010 (in Spanish). 11