Ka Wai Ola - Office of Hawaiian Affairs, Volume 24, Number 4, 1 April 2007 — Thou shalt not covet thy ancestor's possessions [ARTICLE]

Thou shalt not covet thy ancestor's possessions

By Edward Halealūha Ayau, Pualani Kanahele, Charles Maxwell Sr„ William Aila, Wilma Huli, Ihilani Chu, Kunia Freitas, Kaleikoa Ka'eu, Ka'uhu Seto and Pūki'i Setū Editor's note: The authors are members of the iwi repatriation group Hui Mālama i nā Kūpuna o Hawai'i nei. The views expressed in this community discussion eolumn are those ofthe authors and do not necessarily reflect the views ofthe Office of Hawaiian Affairs. The federal lawsuit filed by Abigail Kawānanakoa and Leighton Suganuma over the reburial at the Kawaihae Caves is finished and the moepū were taken to the Bishop Museum again. Now, we would like to raise issues for consideration that we were unahle to present earlier because Iudge Ezra issued a gag order, whieh has now been lifted. First, although the lawsuit targeted Hui Mālama, the person

whom the lawsuit effectively punished was the ancestral chief Mahi buried in the cave. Iudge Ezra ordered the removal of the possessions of this ali'i, and staff from the Bishop Museum, the Department of Hawaiian Home Lands, the Attorney General's Office and the Sheriff's Department carried out the deed. These individuals have the dubious honor of having to live with the realization that they took part in a second disturbance of ali'i burial sites. Second, Hui Mālama has always chosen to respect the decision made by the ancestors to be buried with items. We made a ehoiee to value reburial in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), whieh was intended to be a tool for Native Americans to be culturally responsible. We substantially followed NAGPRA to warrant a decision that the items were repatriated, and as such the

process was followed sufficiently to achieve lawful eomplianee. As proof, we offer the fact that the iwi kūpuna reburied with the moepū were not removed. Third, contrary to the position taken by Kawānanakoa and Suganuma, the Bishop Museum and Hawai'i Volcanoes Nahonal Park have determined that the items removed from the Kawaihae Caves are funerary objects under NAGPRA. Furthermore, Bishop Museum admitted to taking part in the unlawful acquisition of the moepū in 1905. In addition to the need to act responsibly toward these ancestors, it was this illieiī action by Forbes, et al and Bishop Museum that Hui Mālama sought to rectify through reburial. The federal court-ordered removal represented the second desecration a century later. Fourth, Iudge Ezra emphaheally stated that Hui Mālama divided the conununity by our actions in

this case. Mel Kalāhiki stated that we sold the items on the hlaek market and we were investigated by the Office of the Inspector General and Federal Bureau of Investigation. Ironically, it took the removal of the moepū to exonerate us from these false accusations, as all of the items were accounted for. What these folks all failed to understand is that the most important lesson was the exponential increase in awareness in the community, especially amongst Hawaiians, of the importance of caring for and protecting ancestral burials and their possessions. Mahalo to Edward and Pualani Kanahele for being stubborn and making sure these fundamental values were taught. Fifth, Van Diamond and Cy Harris stated that this was not a cultural matter but a legal one because their rights were violated by Hui Mālama when

we reburied the iwi kūpuna and moepū. This view turns the relationship between the living and the ancestors upside down by asserting legal rights against the kūpuna (in not returning the moepū to their ancestral owners) rather than being responsible to the ancestors. Perhaps Messrs. Diamond and Harris should ask themselves what they ean offer the kūpuna rather than what benefit they ean exact from them. All Hawaiians who support the mana'o that the living should not covet items placed with the deceased should file a NAGPRA elaim with the Bishop Museum for all of the moepū from the Kawaihae Caves for repatriation and reburial. When in doubt, Hawaiians should rely on the kūpuna. In this instance, we need look no further than Mary Kawena Puku'i who taught us, "Mai lawe wale i nā mea i ho'omoepū 'ia - don't wantonly take things placed with the dead." E3

KŪKĀKŪKĀ • DISCUSSIDN FDRUM