Posted on: Sunday, September 5, 2004

COMMENTARY
Bishop Museum treats Hui Malama unfairly

By Edward Halealoha Ayau

The Board of Directors of the Bernice Pauahi Bishop Museum voted on July 22, 2004, to repatriate a human bone fragment and four human teeth to Hui Malama I Na Kupuna 'O Hawai'i Nei (Hui Malama).

On Aug. 13, 2004, Edward Halealoha Ayau of Hui Malama repatriated the 'iwi kupuna (ancestral bones) and niho (teeth) and returned them to Moloka'i for reburial.

What transpired leading up to this repatriation raises the question: "Was Hui Malama treated fairly by Bishop Museum?"

On Aug. 29, 2003, Hui Malama submitted a claim for repatriation of human remains and funerary objects (moepu) from Moloka'i held in Bishop Museum collections pursuant to the Native American Graves Protection and Repatriation Act.

By letter dated Oct. 5, 2003, Bishop Museum responded to Hui Malama stating, "The committee found that your claim letter provided sufficient information to show cultural affiliation to the items listed on the above mentioned notice based on the following criteria: geography, kinship, oral tradition and historic evidence. The museum has 90 days to complete repatriation ... "

Hui Malama's was the first and only recognized claim letter.

In a letter on Nov. 17, 2003, to National Park Service Director Fran Maniella, Bishop Museum Director William Brown wrote, "Given the Hui Malama actions involving Kawaihae Caves, is Bishop Museum nevertheless required by law to repatriate to them the Moloka'i items noted above or items that may be addressed in other repatriation requests if such repatriation would otherwise be required under NAGPRA? Please note that the Museum is withholding action on repatriation requests from the Hui Malama pending direction from the NPS."

Director Maniella's written response to Dr. Brown dated Dec. 29, 2003, was clear. "Based on the information that you provided in your letter, none of the exceptions (to repatriation) appear to apply. Notwithstanding the unresolved issues regarding the 83 Kawaihae Caves Complex items, the museum must proceed with repatriation of the cultural items to the Native Hawaiian organizations identified as culturally affiliated in the Federal Register notice."

Rather than comply with Director Maniella's directive, Bishop Museum issued a letter to Hui Malama on Feb. 5, 2004, stating that it is "in the process of reviewing and refining" its NAGPRA polices and procedures.

Bishop Museum has stated that a competing claim by the Office of Hawaiian Affairs for the additional Moloka'i cultural items must be reviewed before repatriation could occur. However, at the time when the Hui Malama claim was recognized in October 2003, Bishop Museum's NAGPRA Committee rejected the OHA claim for lacking required evidence of cultural affiliation.

On March 2, 2004, Hui Malama filed a grievance with the National Park Service against Bishop Museum for failure to comply with NAGPRA by not repatriating within 90 days after recognition of our claim. The response from NPS Civil Penalties Officer Ann Hitchcock dated June 4, 2004, stated, "I have determined that your allegations are relevant to one of the eight tests for failure to comply, as described in (the law) and warrant further investigation ... "

A month later, Bishop Museum agreed to repatriate the 'iwi and niho to Hui Malama. However, the associated moepu have not been released despite three attempts by Hui Malama to submit evidence that Bishop Museum lacks right of possession and therefore must repatriate.

Was the Bishop Museum's actions in this matter a cautious approach or did it amount to unfair treatment of Hui Malama?

We believe the record supports the latter.

Kunani Nihipali, Pualani Kanahele, Kehau Abad, Kekuhi Kanahele-Frias, Huihui Kanahele-Mossman, 'Ahi'ena Kanahele, Kaumakaiwa Keali'ika-naka'ole, Ulumauahi Keali'ika-naka'ole, Kauila Kanahele, Luka Kanahele-Mossman, William Aila, Jr., Billy Fields, Pele Hanoa, Keolalani Hanoa, Kaleikoa Ka'eo, Lilikala Kame'eleihiwa, Pu'uhonua Kanahele, Kahu Charles Maxwell, Jimmy Medeiros, Sr., Jon Osorio, Konia Freitas, Mehana Hind, and Ho'oipo Kalaena'auao Pa also endorse this article.