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HomeMy WebLinkAboutRES 244 Draft 01 2004-2006 ~?V^or y4_ 6~,q, COUNTY OF HAWAII STATE OF HAWAII lr O~~M~~ RESOLUTION NO. 244 X06 A RI{SOLU~IION SifPPOR'I~ING IiI~POR'CS "FO PRO'I~F,C"1 NA'I~IVE HAWAIIAN ANCESTRAL REMAINS (IGVI KtIPIIN9), FUNERARY OBJECTS (MOEPU), SACRIiD OBJF.C'fS, AND CliL"I'URAI, PATRIMONY FROM DESECRATION AND DF,S'I'RUC~fION. WI IEREAS_ the Native American Graves Protection and Repatriation Act (NAGPRA), a federal law enacted in 1990, provides a process for museums and lederal agencies to return Native American and Native I Iawaiian cultural items, including ancestral remains (iwi kupuna). funerary objects (moepu), sacred (ceremonial) objects, and cultural patrimony (ohjects u~ilh onKoing hi.clorical, n~adiliona/, or cul[ural iniporlance), to their respective lineal descendants. culturally affiliated Indian tribes (including Alaska Natives), and Native Hawaiian organizations; and WI IIiREAS. significant Native Hawaiian cultural items were intentionally disturbed and removed from the Kawaihae ('ave complex on Hawaii Island in 1905 by the David Forhes expedition, without the consent of lineal descendants, and were conveyed to Bishop Museum: and WHI?RFAS. in February 2000, Bishop Museum released these cultural items, including among thcu~, carved wooden statuettes of family gods ('arnakuu/, sl human hair wig (launho). and gourds (ipu 'uinu) with human teeth, which were repatriated to their historical repository on 1 fawai`i Island; and WILIiRi?AS, in August 2005, two claimants to the Kawaihae Cave (Forbes) Collection filed suit in U.S. District Court, petitioning for the return of K3 cultural items to Bishop Museum until issues of repatriation or linal disposition are resolved; and WHEREAS, NAGPRA provides that "~t~he United States district courts shall have jurisdiction over any action brought by any person alleging a violation of this Act and shall have the authority to issue such orders as may be necessary to enfiirce the provisions of this Act' X25 l~.S.C. 3013 and WI IFRI?AS, the legislative intent of NAGPIU~ was to rectify past wrongs and harm committed against native peoples and to protect their ancestral remains and cultural treasures from dcsecra~ion and destruction; and WHI{RI?AS, the Council of the County of Hawaii recognises its responsibility to foster greater awareness of and respect for Native !Iawaiian cultural values and traditional belief systems among the citizens of Hawaii County. NOW, "fHEREI'ORE_ BE IT RESOLVED 13Y "fH{? COUNCIL OF THE COUN"I~Y OF I IAWnI`I that it supports the cultural rights and practices oi~the Native Hawaiian community to protect its ancestral remains (itti~i kupuna), funerary objects (rnoepu), sacred objects, and cultural patrimony, in reverence to its kupuna and on behalf of future generations; and BI? IT FUR'I~HER RESOLVED that the Council of the County of Hawaii calls upon the Native Hawaiian community and parties involved to enter the ho'oponopono process to resolve and set right this historic matter; and Rli CC F[NN.I.Y Ri:SOLVF,D that the Clerk of the County of Hawaii transmit certified copies of this resolution to the Hawaii Island Burial Council, Department of Iawaiian Home bands, Ofticc of Hawaiian AI fairs- Slate Historic Preservation Division, State Attorney General Mark J. Bcmlctt_ the Honorable Linda Lingle, Governor, State of f lawai'i, and the Honorable I tarry Kim, Mayor, County of I Iawai'i. DA'I'F.D: _ Hawaii, this _ _ day of _ _ , 2006. INTRODUCI?U I3Y: CO CII. B ,COUNT A ROLL CALL VOTE COUN'I~Y COUNCIL County of Hawaii _ nvrs NOi~s nes f~ Hilo. 1 Iawai'i niznKnhi nR~n - - - - - - I hcrcb} catilj Ihei the Inrcgomg RP.SUI_I "IION wao h} IIOPPM.INV the eu0.~ Indicated to the nght herail adopted he the CUUNCII, nl the - ~ - - - - Counh of itmcai'i un HOISCIII II_ _ - _ _ IKI?I)A ItiRI[LI~~ ~ - ~ ~ ~ A~tll?tiT: .IACOnSOV ~ PII,A(il)~_ _ _ - - - _ - ti!VARIK ~ Reference- C-641/Waived HSEIJC COUTv"rY CLERK CHAIRMAN & PRE.SIUMG OFFICER RESOLU"IION NO. 244 ~6 2