Illinois has passed a new law aimed at facilitating the repatriation of Native American ancestors’ remains, offering hope to Native Americans whose ancestors’ remains are held in educational and cultural institutions. The law, known as The Human Remains Protection Act, updates a previous state statute from 1989 and complements the federal Native American Graves Protection and Repatriation Act. It requires the return of human remains and culturally significant objects that were unearthed in the past 200 years to the associated tribe.
The key aspect of the new law is that it grants tribes the authority to rebury the remains in Illinois, rather than being forced to relocate them to the states where their ancestors were originally relocated by the US government. The Illinois State Museum, for example, holds remains from around 7,000 individuals and is prepared to return 1,100 of them to their respective tribes. Overall, Illinois institutions have identified nearly 13,000 individuals that need to be repatriated.
Over the centuries, Native American remains unearthed during European settlement have often ended up in scholarly institutions throughout Illinois and other states. Illinois is ranked as the fifth-largest repository of human remains in the nation. The repatriation of remains in Illinois has been slow in previous decades, but the museum’s efforts to engage with Native American tribes in repatriating the Dickson Mounds holdings in 2020 have built stronger relationships and contributed to the development of the new state law.
The new law also includes tougher penalties for disturbing human remains and burial objects and requires restitution for illegal collections or displays. It prioritizes consultation and meaningful dialogue between holding institutions and tribes regarding the handling and transfer of remains, rather than simple notification.
The repatriation of remains is crucial to Native American tribes as it allows them to honor their ancestors’ final rites and provide a proper resting place. The ceremony and practice of repatriation vary among tribes, but the common goal is to return ancestors to the earth in a respectful manner and redeem the past suffering endured by their descendants. The new law provides funding for travel and other expenses incurred by tribes during the repatriation process.
The legislation represents a significant step forward for Native American tribes seeking the return of their ancestors’ remains. It acknowledges the historical injustice of forcibly relocating indigenous people and recognizes the importance of honoring their ancestral lands. With the new law’s implementation, Illinois hopes to foster a more respectful and ethical approach to the study and preservation of Native American remains while providing closure and healing for tribal communities.
