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	<title>Comments on: All your genes belong to the tribal council!</title>
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	<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/</link>
	<description>Human evolution, genetics, genomics and their interstices</description>
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		<title>By: Sandgroper</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92816</link>
		<dc:creator>Sandgroper</dc:creator>
		<pubDate>Sun, 02 Oct 2011 02:52:02 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92816</guid>
		<description>Razib, to be clear, remains do get returned in Australia. The land council&#039;s deliberations in that respect are really relevant. If they had found a reason not to support the research, and if the researchers had ignored that, the council could have made legal representation - we will never know the outcome of that, because it didn&#039;t happen. No one can legally prevent an individual willingly giving a sample while alive, and in this case the sample concerned had been transported  outside of Australian territory, but it never got to any legal test relating to that. It seems clear from what the researchers have said that it wouldn&#039;t have under any circumstances.

If they had not consulted, they might well have got a legal challenge, although I&#039;m hypothesising. They did consult, and they consulted the right people. Now there is clearly no point, it&#039;s fait accompli.

Everything I have read about this persuades me that everyone directly concerned has behaved ethically, correctly and responsibly, and they have got a good outcome which can only be beneficial.</description>
		<content:encoded><![CDATA[<p>Razib, to be clear, remains do get returned in Australia. The land council&#8217;s deliberations in that respect are really relevant. If they had found a reason not to support the research, and if the researchers had ignored that, the council could have made legal representation &#8211; we will never know the outcome of that, because it didn&#8217;t happen. No one can legally prevent an individual willingly giving a sample while alive, and in this case the sample concerned had been transported  outside of Australian territory, but it never got to any legal test relating to that. It seems clear from what the researchers have said that it wouldn&#8217;t have under any circumstances.</p>
<p>If they had not consulted, they might well have got a legal challenge, although I&#8217;m hypothesising. They did consult, and they consulted the right people. Now there is clearly no point, it&#8217;s fait accompli.</p>
<p>Everything I have read about this persuades me that everyone directly concerned has behaved ethically, correctly and responsibly, and they have got a good outcome which can only be beneficial.</p>
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		<title>By: Razib Khan</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92779</link>
		<dc:creator>Razib Khan</dc:creator>
		<pubDate>Sat, 01 Oct 2011 21:20:40 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92779</guid>
		<description>#43, look at the post on dr. nielsen&#039;s blog. it&#039;s pretty clear that there wasn&#039;t any fiat power compelling them. they simply thought that that was the right thing to do. you can disagree with whether it was the right thing to do, but no one compelled them in that. i think one can make the reasonable case that in the short term this sort of respectful consultation increases the chances of cooperation from various groups who would otherwise be reluctant. though i think in the medium term it probably doesn&#039;t matter, because of the likely ease of getting and analyzing genetic material.</description>
		<content:encoded><![CDATA[<p>#43, look at the post on dr. nielsen&#8217;s blog. it&#8217;s pretty clear that there wasn&#8217;t any fiat power compelling them. they simply thought that that was the right thing to do. you can disagree with whether it was the right thing to do, but no one compelled them in that. i think one can make the reasonable case that in the short term this sort of respectful consultation increases the chances of cooperation from various groups who would otherwise be reluctant. though i think in the medium term it probably doesn&#8217;t matter, because of the likely ease of getting and analyzing genetic material.</p>
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		<title>By: Onur</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92778</link>
		<dc:creator>Onur</dc:creator>
		<pubDate>Sat, 01 Oct 2011 21:10:28 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92778</guid>
		<description>&lt;i&gt;well, sandgropper said that the vetoes are not binding. that makes a big difference.&lt;/i&gt;

But Mr. Willerslev and his team seem to take the vetoes more seriously than Sandgropper. So I am not so sure whether Sandgropper is telling the truth.</description>
		<content:encoded><![CDATA[<p><i>well, sandgropper said that the vetoes are not binding. that makes a big difference.</i></p>
<p>But Mr. Willerslev and his team seem to take the vetoes more seriously than Sandgropper. So I am not so sure whether Sandgropper is telling the truth.</p>
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		<title>By: Razib Khan</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92774</link>
		<dc:creator>Razib Khan</dc:creator>
		<pubDate>Sat, 01 Oct 2011 21:03:44 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92774</guid>
		<description>&lt;i&gt;What if various “indigenous” groups try to veto scientific study of deceased “indigenous” individuals from their region with no identifiable living legal inheritors using your appeal for permission as a justification for finding in themselves the right to veto such scientific studies? Have you considered the long-term effects of your decision for the scientific community?&lt;/i&gt;

well, sandgropper said that the vetoes are not binding. that makes a big difference. in the USA the situation is more complicated because of &lt;a href=&quot;http://en.wikipedia.org/wiki/Native_American_Graves_Protection_and_Repatriation_Act#Issues_of_controversy&quot; rel=&quot;nofollow&quot;&gt;nagrpa&lt;/a&gt;, which is a legit and legal way that tribal leadership can interpose themselves between researchers and finds. the fundamental weirdness of this though is that some of these native people deny the findings anyway if they happen, so it&#039;s all irrelevant to them (some of the aboriginal&#039;s in &lt;i&gt;the australian&lt;/i&gt; shrugged off the findings as a &#039;whitefella story&#039;).</description>
		<content:encoded><![CDATA[<p><i>What if various “indigenous” groups try to veto scientific study of deceased “indigenous” individuals from their region with no identifiable living legal inheritors using your appeal for permission as a justification for finding in themselves the right to veto such scientific studies? Have you considered the long-term effects of your decision for the scientific community?</i></p>
<p>well, sandgropper said that the vetoes are not binding. that makes a big difference. in the USA the situation is more complicated because of <a href="http://en.wikipedia.org/wiki/Native_American_Graves_Protection_and_Repatriation_Act#Issues_of_controversy" rel="nofollow">nagrpa</a>, which is a legit and legal way that tribal leadership can interpose themselves between researchers and finds. the fundamental weirdness of this though is that some of these native people deny the findings anyway if they happen, so it&#8217;s all irrelevant to them (some of the aboriginal&#8217;s in <i>the australian</i> shrugged off the findings as a &#8216;whitefella story&#8217;).</p>
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		<title>By: Onur</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92772</link>
		<dc:creator>Onur</dc:creator>
		<pubDate>Sat, 01 Oct 2011 20:55:19 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92772</guid>
		<description>Mr. Nielsen,

What has horrified me most is Mr. Willerslev&#039;s statement that he would have ended the project and left the genome unpublished if the Aboriginal council board had rejected his proposal. This is something unthinkable from a scientific and academic point of view. No person or organization has any right to veto publication of the genetic results of a deceased person with no identifiable legal inheritors. You have made a terrible mistake by asking for the permission of the Aboriginal council for the publication of the genetic results, because by doing that you have set a bad example for future researchers who will try to collect samples from Aboriginals and even from other &quot;indigenous&quot; (indigenousness is an unscientific concept, so I am using the word indigenous in quotation marks) peoples of the world, make their analyses and publish their results. What if various &quot;indigenous&quot; groups try to veto scientific study of deceased &quot;indigenous&quot; individuals from their region with no identifiable living legal inheritors using your appeal for permission as a justification for finding in themselves the right to veto such scientific studies? Have you considered the long-term effects of your decision for the scientific community?</description>
		<content:encoded><![CDATA[<p>Mr. Nielsen,</p>
<p>What has horrified me most is Mr. Willerslev&#8217;s statement that he would have ended the project and left the genome unpublished if the Aboriginal council board had rejected his proposal. This is something unthinkable from a scientific and academic point of view. No person or organization has any right to veto publication of the genetic results of a deceased person with no identifiable legal inheritors. You have made a terrible mistake by asking for the permission of the Aboriginal council for the publication of the genetic results, because by doing that you have set a bad example for future researchers who will try to collect samples from Aboriginals and even from other &#8220;indigenous&#8221; (indigenousness is an unscientific concept, so I am using the word indigenous in quotation marks) peoples of the world, make their analyses and publish their results. What if various &#8220;indigenous&#8221; groups try to veto scientific study of deceased &#8220;indigenous&#8221; individuals from their region with no identifiable living legal inheritors using your appeal for permission as a justification for finding in themselves the right to veto such scientific studies? Have you considered the long-term effects of your decision for the scientific community?</p>
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		<title>By: Sandgroper</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92724</link>
		<dc:creator>Sandgroper</dc:creator>
		<pubDate>Sat, 01 Oct 2011 15:11:40 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92724</guid>
		<description>And in this case no one has done that.</description>
		<content:encoded><![CDATA[<p>And in this case no one has done that.</p>
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		<title>By: dave chamberlin</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92716</link>
		<dc:creator>dave chamberlin</dc:creator>
		<pubDate>Sat, 01 Oct 2011 13:58:39 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92716</guid>
		<description>Australia is a fascinating place that has always served as a refugium for life forms that have gone extinct elsewhere. It also has the same advantage of northern Africa in that much of the contintent has the ideal bone preserving environment, it is very arid. It flat out pisses me off that we do not yet have the genomes of the original Tasmanians and other groups that just happened to have survived  near enough to the present that their DNA has been preserved in their bones. What we are talking about is recapturing our long lost history as a species and nobody has the right to supress it or  claim that somehow they own it.</description>
		<content:encoded><![CDATA[<p>Australia is a fascinating place that has always served as a refugium for life forms that have gone extinct elsewhere. It also has the same advantage of northern Africa in that much of the contintent has the ideal bone preserving environment, it is very arid. It flat out pisses me off that we do not yet have the genomes of the original Tasmanians and other groups that just happened to have survived  near enough to the present that their DNA has been preserved in their bones. What we are talking about is recapturing our long lost history as a species and nobody has the right to supress it or  claim that somehow they own it.</p>
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		<title>By: Rasmus Nielsen</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92667</link>
		<dc:creator>Rasmus Nielsen</dc:creator>
		<pubDate>Fri, 30 Sep 2011 23:34:19 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92667</guid>
		<description>As one of the authors of the Rasmussen study discussed here, it has been interesting to follow the discussion.   If you want to know more about our thinking about this, you can take a look at my web site:  http://cteg.berkeley.edu/~nielsen/blog/

Here is a snippet:

Khan’s arguably very American perspective on this, is that only individual consent can matter.  The opinion of tribal councils or any other institutions regarding release of personal genetic information is irrelevant.  There is no reason to consult such institutions – only the individual matters.  An entirely defensible position. It is certainly the position of the legal community in America and perhaps most of the scientific community. But there are a couple of reasons why the story in this case is a bit more complex.  First, as noted in one of the online comments on Khan’s blog, the genome sequenced was from a deceased individual with no identifiable descendants.  We could not obtain informed consent from the donor or from his family.  In our opinion, the correct thing to do  was then to consult with the local representatives of the group to which the donor belong.  After considering different options we determined that the Goldfields Land and Sea Council was our best option.  Secondly, and most importantly, there is a several hundred year old tradition for exploitation of indigenous people by anthropologists.  Anthropologists have repeatedly failed to recognize the rights of indigenous people.  This dark historical relationship between indigenous people and anthropologists, makes it particularly important to involve the local indigenous communities in scientific studies.  Our approach was to reach out to the local tribal council to work with them in the interpretation and presentation of our results.  I strongly believe that is the right thing to do and I hope other geneticists will do the same thing in the future when working on questions relating to indigenous people.  I am not advocating granting particular institutions the power to veto studies that individual members of the community consent to, but I would encourage researchers to involve the local community as much as possible. You do that out of respect for the local community and to promote and enable a good relationship between indigenous people and the scientists who wish to learn from them.</description>
		<content:encoded><![CDATA[<p>As one of the authors of the Rasmussen study discussed here, it has been interesting to follow the discussion.   If you want to know more about our thinking about this, you can take a look at my web site:  <a href="http://cteg.berkeley.edu/~nielsen/blog/" rel="nofollow">http://cteg.berkeley.edu/~nielsen/blog/</a></p>
<p>Here is a snippet:</p>
<p>Khan’s arguably very American perspective on this, is that only individual consent can matter.  The opinion of tribal councils or any other institutions regarding release of personal genetic information is irrelevant.  There is no reason to consult such institutions – only the individual matters.  An entirely defensible position. It is certainly the position of the legal community in America and perhaps most of the scientific community. But there are a couple of reasons why the story in this case is a bit more complex.  First, as noted in one of the online comments on Khan’s blog, the genome sequenced was from a deceased individual with no identifiable descendants.  We could not obtain informed consent from the donor or from his family.  In our opinion, the correct thing to do  was then to consult with the local representatives of the group to which the donor belong.  After considering different options we determined that the Goldfields Land and Sea Council was our best option.  Secondly, and most importantly, there is a several hundred year old tradition for exploitation of indigenous people by anthropologists.  Anthropologists have repeatedly failed to recognize the rights of indigenous people.  This dark historical relationship between indigenous people and anthropologists, makes it particularly important to involve the local indigenous communities in scientific studies.  Our approach was to reach out to the local tribal council to work with them in the interpretation and presentation of our results.  I strongly believe that is the right thing to do and I hope other geneticists will do the same thing in the future when working on questions relating to indigenous people.  I am not advocating granting particular institutions the power to veto studies that individual members of the community consent to, but I would encourage researchers to involve the local community as much as possible. You do that out of respect for the local community and to promote and enable a good relationship between indigenous people and the scientists who wish to learn from them.</p>
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		<title>By: S.J. Esposito</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92538</link>
		<dc:creator>S.J. Esposito</dc:creator>
		<pubDate>Fri, 30 Sep 2011 18:34:25 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92538</guid>
		<description>I feel like the point of people being afraid of the science dehumanizing a group of peoples is a bit hypocritical and really has no place in the scientific arena. Turn it on it&#039;s head: if the general idea was that scientist shouldn&#039;t sequence a certain genome for fear of humanizing a certain peoples, than many would be in an uproar and cry out. The sword has two edges, and if the science is done in an unbiased and correct manner, and yet the results tend toward a dehumanization of a certain population, well then so be it.</description>
		<content:encoded><![CDATA[<p>I feel like the point of people being afraid of the science dehumanizing a group of peoples is a bit hypocritical and really has no place in the scientific arena. Turn it on it&#8217;s head: if the general idea was that scientist shouldn&#8217;t sequence a certain genome for fear of humanizing a certain peoples, than many would be in an uproar and cry out. The sword has two edges, and if the science is done in an unbiased and correct manner, and yet the results tend toward a dehumanization of a certain population, well then so be it.</p>
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		<title>By: Sandgroper</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92519</link>
		<dc:creator>Sandgroper</dc:creator>
		<pubDate>Fri, 30 Sep 2011 16:00:13 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92519</guid>
		<description>I&#039;m not asking you to buy anything. I don&#039;t care what you think.</description>
		<content:encoded><![CDATA[<p>I&#8217;m not asking you to buy anything. I don&#8217;t care what you think.</p>
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		<title>By: Mike Keesey</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92518</link>
		<dc:creator>Mike Keesey</dc:creator>
		<pubDate>Fri, 30 Sep 2011 15:59:30 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92518</guid>
		<description>&quot;Fair&quot; is never a verb.</description>
		<content:encoded><![CDATA[<p>&#8220;Fair&#8221; is never a verb.</p>
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		<title>By: Onur</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92515</link>
		<dc:creator>Onur</dc:creator>
		<pubDate>Fri, 30 Sep 2011 15:44:17 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92515</guid>
		<description>&lt;i&gt;And I’m not interested in being interrogated.&lt;/i&gt;

I didn&#039;t interrogate you, I just kindly asked you a question. It is fine if you do not answer my question, but don&#039;t expect me to buy your summary of the events that came prior to the publication of the hair DNA results.</description>
		<content:encoded><![CDATA[<p><i>And I’m not interested in being interrogated.</i></p>
<p>I didn&#8217;t interrogate you, I just kindly asked you a question. It is fine if you do not answer my question, but don&#8217;t expect me to buy your summary of the events that came prior to the publication of the hair DNA results.</p>
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		<title>By: Sandgroper</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92514</link>
		<dc:creator>Sandgroper</dc:creator>
		<pubDate>Fri, 30 Sep 2011 15:31:25 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92514</guid>
		<description>And I&#039;m not interested in being interrogated.</description>
		<content:encoded><![CDATA[<p>And I&#8217;m not interested in being interrogated.</p>
]]></content:encoded>
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		<title>By: Onur</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92512</link>
		<dc:creator>Onur</dc:creator>
		<pubDate>Fri, 30 Sep 2011 13:55:10 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92512</guid>
		<description>&lt;i&gt;No, I was sworn to secrecy by the elders.&lt;/i&gt;

I have asked you a serious question.</description>
		<content:encoded><![CDATA[<p><i>No, I was sworn to secrecy by the elders.</i></p>
<p>I have asked you a serious question.</p>
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		<title>By: Sandgroper</title>
		<link>http://blogs.discovermagazine.com/gnxp/2011/09/all-you-genes-belong-the-tribal-council/comment-page-1/#comment-92510</link>
		<dc:creator>Sandgroper</dc:creator>
		<pubDate>Fri, 30 Sep 2011 13:34:24 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.discovermagazine.com/gnxp/?p=14018#comment-92510</guid>
		<description>No, I was sworn to secrecy by the elders.</description>
		<content:encoded><![CDATA[<p>No, I was sworn to secrecy by the elders.</p>
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