HomeMy WebLinkAboutRES 244 Draft 02 2004-2006 Nt`~,or N
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COUNTY OF HAWAII STATE OF HAWAII
'•••h•OF Nr~f
RESOLUTION NO. 244-06 (Draft 21
A RESOLUTION SUPPORTING EFFORTS TO PROTF,CT NATIVE HAWAIIAN
ANCESTRAL REMAINS (IWI KUPUNA), FUNERARY OBJECTS (MOEPII), SACRED
OB.IECTS, ANll CULTURAL PATRIMONY FROM DESECRATION AND
DESTRUCTION.
WHEREAS, the Native American Graves Protection and Repatriation Act (NAGPRA), a
federal law enacted in 1990, provides a process for museums and federal agencies to return
Native American and Native Hawaiian cultural items, including ancestral remains (iwi kupuna),
funerary objects (rnoepf++), sacred (cePernorrial) objects, and cultural patrimony (objects with
ongoing historical. traditional, or cultural importance), to their respective lineal descendants,
culturally affiliated Indian tribes (including Alaska Natives). and Native Hawaiian organizations;
and
WHEREAS, significant Native Hawaiian cultural items were intentionally disturbed and
removed from the Kawaihae Cave complex on Hawaii Island in 1905 by the David Forbes
expedition, without the consent of lineal descendants, and were conveyed to Bishop Museum:
and
WHEREAS, in February 2000, Bishop Museum released these cultural items, including
among them, carved wooden statuettes of family gods (`aumakua), a human hair wig (lauoho),
and gourds (ipu) with human teeth, which were repatriated to their historical repository on
Hawaii Island; and
WHEREAS, in August 2005, two claimants to the Kawaihae Cave (Forbes) Collection
filed suit in U.S. District Court, petitioning for the return of 83 cultural items to Bishop Museum
until issues of repatriation or final 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 enforce the provisions of this AcP' [25
U.S.C_ 3013]; and
WHF,REAS, the legislative intent of NAGPRA was to rectify past wrongs and harm
committed against native peoples and to protect their ancestral remains and cultural treasures
from desecration and destruction; and
WHEREAS, the Council of the County of Hawaii recognizes its responsibility to foster
greater awareness of and respect for Native Hawaiian cuhural values and traditional belief
systems among the citizenti of Hawaii County.
NOW, THEREFORE, BE IT RESOLVED BY'CHE COUNCIL OF THE COUNTY
OF HAWAII that it supports the cultural rights and practices of the Native Hawaiian
community to protect its ancestral remains (iwi kupuna), funerary objects (moepu), sacred
objects, and cultural patrimony, in reverence to its kupuna and on behalf of future generations;
and
DE I'T FUIi;~'I-IEIi RESOLVED that the Council of the County of Hawaii calls upon
the parties involved to enter a traditional Hawaiian ho`opon~pono process to resolve and set right
this historic matter: and
DE IT FUII`I'IIEI~ RESOLVED that the Council of the County ofHawaii calls for the
ancestral remains, funerary objects, sacred objects and cultural patrimony to remain in place until
the ho`oponopono process is determined to be complete; and
BE I`T FINALLY RESOLVED that the Clerk of the County of Hawaii transmit
certified copies of this resolution to the Hawaii Island Burial. Council; Department of Hawaiian
Horne Lands; Office of Hawaiian Affairs; State Historic Pre~Uervation Division; State Attorney
General Mark J. Bennett; the Honorable Linda Lingle, Gov~;I-nor, State of Hawaii; the
Honorable I'Iarry Kim, Mayor, County of Hawaii; the Honorable David A. Ezra, Chief Judge,
United States District Court for the District of Hawaii; the Ionorable Kevin S.C. Chang,
Magistrate Judge, United States District Court for the District of Hawaii; Bernice Pauahi Bishop
Museum; Hui Malatna I Na Kupuna O Hawaii Nei; Royal I-Iawaiian Academy of Traditional
Arts: and Na Lei Ali`i O Kas~~ananakoa.
DATED: H.l.o , Hawaii, this 20th day of Januar~> 2006.
INTRODUCED BY:
NCIL r' .:wIBER, CO T OF HAWAI I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai` [ AvES NoFS ABS ~ F x
H110, Ilawal`I ARAKAKI X
HIGA
1 hereby certify That the foregoing RLSOI.I 1TION was by HOFFMANN X
the vote indicated to the right hereof adopted by the COUNCIL of the yOLSCHUH
County of flawai'i nn .T,c~IllJl~~~__ZO--,-- - 2Q0-~ X
IKEDA
ISBELL X
ATTEST: JACOBSO~J
Nu.ACO X
SAFAR[K X
8 0 1 0
""~IZeference: C-G41.25 WavC~ T-ISEDC
. _ . -
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLliTION NO. ~ ~ ~ ~ ~
( DRAFT' 2 )