His Ship Has Sailed - Expelling Columbus from Cultural Heritage Law

Latin America is a region rich with cultural heritage that existed for centuries before its antiquities were looted, trafficked, and sold on the international market. The language used to classify these objects of cultural heritage have been used as a tool of oppression and erasure. In reference to those objects of historical importance, auction houses, dealers, museums, and even looters themselves consistently use the term “pre-Columbian.” The term “pre-Columbian,” which means “before Columbus,” defines the historical period prior to the establishment of the Spanish culture in the national territories of Mexico, Central America, South America, and the Caribbean Islands. In fact, this definition is the basis of the 1972 Pre-Columbian Act in the United States, which addresses trafficking of Latin American sculptures, murals, and architectural elements. This Article examines the use of the term “pre-Columbian” in American cultural heritage law through the lens of linguistic settler colonialism. Linguistic settler colonialism results in the oppression and continued trauma of cultures through the use of harmful language. This Article argues that any reference to “Columbus” in the laws impacting Latin American cultural heritage contributes to the erasure of indigenous people. Its use advances the fallacy that these peoples were “primitive,” “tribal” or even “uncivilized.” It also perpetuates the belief that these groups only exist through their connection to Europe. Through a comprehensive examination of the term “pre-Columbian,” and its detrimental impacts on indigenous cultures, this Article begins the process of “decolonization” of cultural heritage laws.