Illinois Grants Tribal Nations Authority Over Ancestral Remains and Reburial

 

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In a historic move, Illinois has enacted groundbreaking legislation that empowers tribal nations to reclaim their ancestral remains and sacred items, marking a significant shift away from state agencies, universities, and museums having control over repatriation decisions.

Empowering Tribal Nations

Illinois Governor J.B. Pritzker recently signed the Human Remains Protection Act, a law forged through extensive consultations with tribal nations, the Illinois State Museum, and the state Department of Natural Resources over a two-year period. Under this legislation, tribal nations will have the final say in the repatriation process, including deciding when and how ancestral remains and cultural artifacts are returned.

Prairie Band Potawatomi Nation Chairperson Joseph “Zeke” Rupnick expressed the significance of this milestone, highlighting how it reflects a commitment to rectify past injustices and pave the way for a future that honors interconnectedness.

State Responsibility for Repatriation

The new law designates it as the state's responsibility to assist in returning ancestral remains, funerary objects, and cultural items to tribal nations. Furthermore, it mandates that the state follow the lead of tribal nations throughout the repatriation process. Additionally, the legislation establishes a Repatriation and Reinterment Fund to aid with the financial aspects of reburial, tribal consultation, and the restoration of burial sites and sacred objects.

Previously, Illinois law did not offer tribal nations a clear path to rebury ancestral remains that had been disinterred, as it deemed most Native American remains to be state property.

Strengthening Protections and Consultations

The Human Remains Protection Act introduces stricter penalties for grave looting and desecration and prohibits profiteering from human remains and funerary items through sale, purchase, or exhibition. Moreover, it mandates that tribal nations be promptly consulted when Indigenous gravesites are inadvertently disturbed, such as during construction projects.

The law comes after years of Indigenous advocacy, investigative reporting by ProPublica on delayed repatriation, and a deep commitment to centering Native voices within Illinois institutions.

Land for Reburial

A significant aspect of the new law is its empowerment of the Illinois Department of Natural Resources (IDNR) to allocate and maintain land exclusively for the reburial of repatriated Native American ancestors and their belongings. This provision addresses a long-standing challenge in repatriation efforts—the lack of protected sites for reburial in Illinois.

Ending Public Display of Funerary Items

The legislation also forbids institutions from charging admission to view human remains that are Native American or any items originally buried with them. While the public display of Native American ancestral remains by museums has dwindled since the passage of the Native American Graves Protection and Repatriation Act (NAGPRA) in the early 1990s, the display of their funerary items continued.

This law applies to every museum, university, and historical society in the state, extending beyond the 15 institutions in Illinois that have reported their Native American holdings under NAGPRA.

A Turning Point for Illinois

This landmark legislation represents a turning point for Illinois, shifting power from state entities to tribal nations, whose ancestral lands eventually became the state of Illinois. It acknowledges and seeks to rectify the enduring impact of forced removals and the exclusion of tribal nations from governance and decision-making processes.

Illinois is poised to become a model for other states looking to adopt similar laws, fostering trust and collaboration between communities and institutions over time.





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