Dr. Claudia Surjadjaja, DDS, MSc, DrPHALERTAsia Foundation, Eijkman Institute of Molecular BiologyExperts Meeting, Tropen Museum, 17 December 2010

Ethical Perspectives on Re-study of Human RemainsRights of the dead vs. scientific needs of the living

Eijkman Institute for Molecular Biology

government funded institution

mission: molecular biology & biotech related basic research

est. 1886 as research lab for pathology and bacteriology

1st director Christiaan Eijkman

1965 closed, re-opened 1995

human genome diversity

genetic resource from many ethnic populations

basis for discovery of genes linked to diseases

Pan-Asian SNP Initiative of DNA barcode tracking

mapping biodiversity & disease

human DNA, pathogen DNA, ancient DNA

Research Activities

60 boxes of osteological specimens (skulls, fragments)

12 boxes of wet specimens (mostly foetus)

collected between 1800 to early 1900

entire archipelago, then Nederlands Oost–Indië (NOI)

until 1960 used for physical anthropology study

loaned to the medical institute for 3 decades

forgotten

“Indonesian” Human Remains in Tropen Museum

6 years ago found and returned to the museum

documented and categorized

2007 discussions with experts, a report produced

unclaimed, less scientific value, space problem (Category C)

museum, through KITLV, contacted Eijkman Institute

discussion in May 2007, especially focused on remains of “Japanese” soldiers found in Biak, Papua

“Indonesian” Human Remains in Tropen Museum

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 archipelago

Medico-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?

Types of collection and issues to re-study

Study aim:investigate dynamic cultural ethics in treating HR

Specific objectives: 1. Document prevailing attitudes and debates, especially in

Indonesian context2. Analyze current global ethics on scientific study and

repatriation of human remains3. Assess the extent to which policy exists (mostly on

legality and ethics)4. Assess the likelihood for developing an Indonesian CoE

Conceptual Framework

beliefs/religious

perspectives

scientific/medical

perspectives

human value/moral

perspectives

Specific Objectives

Research questions

1. Beliefs/religious perspectives

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, and 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 times

value of HR in scientific study not archeological research benefitting the living by studying past health diseases evolve as do all organisms what we can do TODAY to have better health & improve

our lives disagreement: information from HR provides insights that

can only be obtained from HR rationalist science-based view Tiffany Jenkins (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 Perspectives

I certainly wouldn’t dig up my own mother. Well, I would if her graveyard was going to be destroyed. For scientific curiosity? Certainly wouldn’t do that. Oh, the body needed to be exhumed for use as evidence? OK, I would. What? It’s not only about excavation but about storage and display? Absolutely wouldn’t, even if the bones would be returned to the ground after use. Well, … unless they served some useful education purpose, e.g. better scientific analysis, new cure for cancer, etc, I would.

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)

3. Human Values/Moral Perspectives

Uti possidetis juris principle: as you possessed, you shall possess henceforth

newly formed sovereign states should have the same borders that they had before their independence

HR issue is thus a matter of foreign policy

Source communities? Law on Regional Autonomy: foreign policy is the domain

of Central Government involving various technical ministries, DG of Consular

Affairs at the Foreign Ministry as coordinator (Law on Foreign Relations)

Cultural and Legal Framework

Arguments who “owns” these HR? HR is cultural property?

human DNA on “Japanese” soldiers remains

pathogen DNA of a community remains

untracked, including Papuan remains

the dead right, infringe of privacy

“ownership” politicization

Dutch (Western) perspective vs Indonesian perspective

Museum Ethical Principles Non-maleficence

Beneficence

Respect diversity

Respect the value of science

Solidarity

Common ground a shared humanity

Research Policy Framework

How remains relate to existing research framework:

resource assessment (current state of knowledge)

research agenda (potential area)

research strategy (identify priorities & methods)