Reclaiming Their Ancestors

For four years, members of the Miakan-Garza Band, an Indigenous group in Texas, had been asking the University of Texas at Austin to return the remains of three of their ancestors. The remains had been dug up and brought to the school decades before, and now the band wanted to rebury them.

U.T. Austin, however, had denied the requests. So the community began campaigning to change the school’s mind, spreading the word through in-person and online events. Then, in September 2020, a group of Indigenous students met with university officials. Afterward, the school said it would start the federal legal process required to rebury the remains.

“The University of Texas at Austin respects the Indigenous people who live and have lived in Texas and recognizes the spiritual and cultural significance of internment of their ancestors,” president Jay Hartzell wrote in a letter.

The Miakan-Garza band thought it had won a victory, but two years later, according to the university, the process is still underway at the federal level. The school has about 2,400 Indigenous remains in its possession.

U.T. Austin isn’t the only institution holding on to remains and artifacts from Indigenous people. Colleges around the country—including Harvard University, Vassar College, the University of California, Berkeley, and many more—are increasingly coming under fire for their collections.

“This is first and foremost an issue of Indigenous rights,” says Veronica Pasfield of the Bay Mills Indian Community in Michigan. “The right to protect the graves of your ancestors and relatives is one of the most fundamental human rights on the planet.”

For four years, members of the Miakan-Garza Band, an Indigenous group in Texas, had been asking the University of Texas at Austin to return the remains of three of their ancestors. The remains had been dug up and brought to the school decades before. Now the band wanted to rebury them.

But U.T. Austin denied the requests. So the community began campaigning to change the school’s mind. They spread the word through in-person and online events. Then, in September 2020, a group of Indigenous students met with university officials. Afterward, the school said it would start the federal legal process required to rebury the remains.

“The University of Texas at Austin respects the Indigenous people who live and have lived in Texas and recognizes the spiritual and cultural significance of internment of their ancestors,” president Jay Hartzell wrote in a letter.

The Miakan-Garza band thought it had won a victory, but two years later, according to the university, the process is still underway at the federal level. The school has about 2,400 Indigenous remains in its possession.

U.T. Austin isn’t the only institution holding on to remains and artifacts from Indigenous people. Colleges around the country are increasingly coming under fire for their collections. Harvard University, Vassar College, and the University of California, Berkeley are among them.

“This is first and foremost an issue of Indigenous rights,” says Veronica Pasfield of the Bay Mills Indian Community in Michigan. “The right to protect the graves of your ancestors and relatives is one of the most fundamental human rights on the planet.”

In the 18th and 19th centuries, many anthropologists began digging up Native American graves to study the bones, often using skull measurements to try to prove that White people were superior. As time passed, many of those remains eventually ended up at colleges or museums, sometimes shoved into boxes and forgotten in storage. U.S. institutions possess more than 116,000 sets of Native American remains today, according to the National Park Service.

“We believe that if you disrupt somebody’s remains from the earth, then that halts their spiritual journey,” says Emi Aguilar of the Miakan-Garza Band. “They’re in limbo and can’t be in peace.”

The Native American Graves Protection and Repatriation Act (NAGPRA), passed by Congress in 1990, set criteria under which federally recognized Native American tribes could reclaim remains and sacred objects from institutions such as public colleges and museums, a process know as repatriation.

In the 18th and 19th centuries, many researchers who study humanity began digging up Native American graves. They studied the bones, often using skull measurements to try to prove that White people were superior. As time passed, many of those remains eventually ended up at colleges or museums. Some of them have been put into boxes and forgotten in storage. U.S. institutions possess more than 116,000 sets of Native American remains today, according to the National Park Service.

“We believe that if you disrupt somebody’s remains from the earth, then that halts their spiritual journey,” says Emi Aguilar of the Miakan-Garza Band. “They’re in limbo and can’t be in peace.”

In 1990, Congress passed the Native American Graves Protection and Repatriation Act (NAGPRA). The law set standards under which federally recognized Native American tribes could reclaim remains and sacred objects from institutions such as public colleges and museums. This process is known as repatriation.

More than 30 years later, some officials acknowledge that the law hasn’t been effective enough. To reclaim artifacts, tribes undergo an expensive process overseen by the very institutions they’re petitioning. It can be difficult to provide proof that the remains belong to a group, as many Indigenous people track their history orally. Plus, NAGPRA applies only to federally recognized tribes, and about 400 tribes, including the Miakan-Garza Band, don’t have that recognition. Institutions are not legally required to meet with nonfederally recognized Indigenous groups.

Institutions argue that identifying the cultural affiliation of remains can be difficult, time-consuming, and expensive. They need multiple types of evidence beyond geographical information, they say, creating a significant research hurdle.

But some tribal officials believe the institutions are exaggerating. They argue that the age and location of the burial site should make it fairly simple to identify who the remains belong to.

When remains are returned, tribes often hold poignant reburial ceremonies. In 2014, when the University of Michigan repatriated 94 sets of remains to the Saginaw Chippewa Indian Tribe, members endured freezing temperatures to commemorate the event.

“It’s a deeply spiritual and emotional thing that comes from the heart,” Tony Perry, who took part in the ceremony, told the Tribal Observer at the time.

It’s been more than 30 years later since the law went into effect. Some officials now acknowledge that it hasn’t been effective enough. To reclaim artifacts, tribes undergo an expensive process. And the entire process is overseen by the very institutions they’re petitioning. It can be hard to prove that the remains belong to a group, as many Indigenous people track their history orally. Plus, NAGPRA applies only to federally recognized tribes. About 400 tribes, including the Miakan-Garza Band, don’t have that recognition. Institutions are not legally required to meet with nonfederally recognized Indigenous groups.

Institutions argue that finding the cultural ties of remains can be hard, take a lot of time, and be costly. They say that they need multiple types of evidence beyond geographical information. That creates a huge research hurdle.

But some tribal officials believe the institutions are exaggerating. They argue that the age and location of the burial site should make it fairly simple to identify who the remains belong to.

When remains are returned, tribes often hold touching reburial ceremonies. In 2014, the University of Michigan repatriated 94 sets of remains to the Saginaw Chippewa Indian Tribe. Tribe members endured freezing temperatures to mark the event.

“It’s a deeply spiritual and emotional thing that comes from the heart,” Tony Perry, who took part in the ceremony, told the Tribal Observer at the time.

Some schools are trying to improve the repatriation process. Indiana University, for example, began working with tribal nations to establish a NAGPRA review board last year. And many institutions have in recent years announced new policies that prohibit research on Indigenous remains.

“Historically, U.C. Berkeley has seen repatriation and NAGPRA as a process that conflicts with the research interests of the university,” Thomas Torma, the school’s NAGPRA liaison, says. But now, he adds, the school has transferred hundreds of remains back to tribes because of policy changes.

The Biden administration has also said it will enforce NAGPRA more strongly. And last fall, Deb Haaland, secretary of the Interior Department and the first Native American to hold a cabinet post, announced plans to strengthen the law.

Though a lot of work remains to be done, many Indigenous people say they’re determined to continue the fight.

“It’s a national movement,” says Mario Garza, cultural preservation officer of the Miakan-Garza Band. “We will never give up until the last remain is repatriated.”

Some schools are trying to make the repatriation process better. For example, Indiana University began working with tribal nations to create a NAGPRA review board last year. And many institutions have in recent years announced new policies that ban research on Indigenous remains.

“Historically, U.C. Berkeley has seen repatriation and NAGPRA as a process that conflicts with the research interests of the university,” Thomas Torma, the school’s NAGPRA liaison, says. But now the school has transferred hundreds of remains back to tribes because of policy changes, he adds.

The Biden administration has also said it will do more to enforce NAGPRA. And last fall, Deb Haaland, secretary of the Interior Department and the first Native American to hold a cabinet post, announced plans to strengthen the law.

Though a lot of work remains to be done, many Indigenous people say they’re determined to continue the fight.

“It’s a national movement,” says Mario Garza, cultural preservation officer of the Miakan-Garza Band. “We will never give up until the last remain is repatriated.”