Transcript Ethical Arguments in Re-studying the Human Remains: the

Ethical Perspectives on Re-study
of Human Remains
Rights of the dead vs. scientific needs of the living
Dr. Claudia Surjadjaja, DDS, MSc, DrPH
ALERTAsia Foundation, Eijkman Institute of Molecular Biology
Experts Meeting, Tropen Museum, 17 December 2010
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government funded institution
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mission: molecular biology &
biotech related basic research
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est. 1886 as research lab for
pathology and bacteriology
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1st director Christiaan Eijkman
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1965 closed, re-opened 1995
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human genome diversity
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genetic resource from many ethnic populations
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basis for discovery of genes linked to diseases
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Pan-Asian SNP Initiative of DNA barcode tracking
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mapping biodiversity & disease
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human DNA, pathogen DNA, ancient DNA
“Indonesian” Human Remains in Tropen Museum
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60 boxes of osteological specimens (skulls, fragments)
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12 boxes of wet specimens (mostly foetus)
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collected between 1800 to early 1900
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entire archipelago, then Nederlands Oost–Indië (NOI)
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until 1960 used for physical anthropology study
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loaned to the medical institute for 3 decades
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forgotten
“Indonesian” Human Remains in Tropen Museum
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6 years ago found and returned to the museum
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documented and categorized
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2007 discussions with experts, a report produced
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unclaimed, less scientific value, space problem
(Category C)
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museum, through KITLV, contacted Eijkman Institute
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discussion in May 2007, especially focused on remains
of “Japanese” soldiers found in Biak, Papua
Three categories:
1. “Japanese” soldiers found in Biak, Papua
2. Remains from community cemetery in Surabaya
3. 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?
Study aim:
investigate dynamic cultural ethics in treating HR
Specific objectives:
1. Document prevailing attitudes and debates, especially in
Indonesian context
2. 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 developing an Indonesian CoE
beliefs/
religious
perspectives
scientific/
medical
perspectives
human value/
moral
perspectives
Specific
Objectives
Research
questions
 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
2. Science/Medical Perspectives
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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”
3. Human Values/Moral 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.
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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)
Cultural and Legal Framework
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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)
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who “owns” these HR? HR is cultural property?
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human DNA on “Japanese” soldiers remains
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pathogen DNA of a community remains
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untracked, including Papuan remains
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the dead right, infringe of privacy
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“ownership”  politicization
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Dutch (Western) perspective vs Indonesian perspective
 Non-maleficence
 Beneficence
 Respect diversity
 Respect the value of science
 Solidarity
Common ground  a shared humanity
How remains relate to existing research framework:
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resource assessment (current state of knowledge)
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research agenda (potential area)
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research strategy (identify priorities & methods)