University throughout California, including UC Berkeley and San Diego universities, such as San Diego State University (SDSU) and UC San Diego (UCSD), are facing criticism for their slow progress in repatriating thousands of Native American remains and artifacts, as highlighted by a recent San Diego Union-Tribune article. This issue spans across California, with institutions like UC Berkeley also scrutinized for holding onto a significant number of remains and artifacts, as reported by NBC Bay Area.
With the Native American Graves Protection and Repatriation Act (NAGPRA) enacted more than 30 years ago, the law mandates that Native American remains and artifacts be returned to their respective tribes. It's astonishing that major universities still have difficulty complying with the law, considering it's been several decades since its passing. However, the blame isn't solely on the universities, as the lack of funding and staffing poses a significant challenge to the implementation of this law, according to ProPublica.
According to the San Diego Union-Tribune, SDSU has returned 19% of its more than 90,000-object collection, while UC San Diego has returned less than 1% of its collection. UC Berkeley also faces scrutiny with a reported 350,000 artifacts still in possession, per the NBC Bay Area article.
Tribal leaders have been vocal in expressing their frustration over the slow and arduous process of returning these cultural remains and artifacts. After three decades of the law's existence, progress has been disappointingly slow, and many are urging proactive steps in providing respect and preservation for Native American cultural traditions.
Unfortunately, this problem isn't restricted to California alone, as a ProPublica report has revealed that more than 110,000 Native American, Native Hawaiian, and Alaskan Natives' remains are held captive by museums, universities, and federal agencies across the United States. This extensive backlog, combined with narrow interpretations of "cultural affiliation" and the labeling of remains as "culturally unidentifiable," has allowed institutions to skirt the law, impeding the repatriation process.
In addition, a U.S. Government Accountability Office (GAO) report noted that federal efforts to protect Native American cultural items and human remains have been insufficient, citing that of the 41 recommended actions to address the challenges, only 15 have been implemented so far. Furthermore, despite federal laws prohibiting theft and vandalism of Native American cultural items on federal and Indian lands, hundreds of incidents were recorded between 2009 and 2018, according to the GAO report. The GAO aims to continue its oversight of federal programs serving tribes and their members to ensure the preservation and protection of Native American heritage for future generations.
Amidst this backdrop of continued institutional reluctance, some institutions are making strides towards compliance. Some UC institutions, like UC Riverside, have been able to repatriate over 25,000 objects, while others like UC Berkeley have increased funding and staff dedicated to NAGPRA. It's a step in the right direction, but with thousands of remains still in possession, there's a long way to go.
