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Forbes Cave Controversy - A Nexus of Religion, Politics, and Law
By Kenneth R. Conklin, 12/28/2005 12:05:53 AM

Kenneth Conklin

Ancient Hawaiian religious and cultural artifacts originally found in caves near human bones were removed by explorers and ended up in Bishop Museum. Here are some questions at the core of the Forbes Cave controversy (and the kaai, Kanupa cave, and others).

Should those artifacts be returned to those caves, never to be seen again? Were burial caves also used for safe-keeping of non-funerary valuables during times of social upheaval, such as when the ancient religion was abolished and the heiau and idols were burned by order of the King? Were the Forbes artifacts actually buried with the dead ancestors, perhaps as part of their personal property or perhaps to accompany them on their journey to the next world (in the way a wedding ring, rosary, or family photo might today be placed in a casket before burial)? Does that matter? Do ancient artifacts today have a historic or cultural value so great that keeping them available for study and inspiration of future generations outweighs the decisions of the ancestors who placed them in the cave? Could it be that if the ancestors were able to see today's circumstances their wishes might be to make those artifacts available? Is it possible the spirits of the ancestors still live, have current wishes, and actually helped explorers or modern descendants to find the artifacts and make them available? Who has the right to speak on behalf of the ancestors? Who has the right to make decisions about these matters (regardless of who speaks for the ancestors, and regardless of whatever they might say)?

Note also that the same questions can be raised about bones as about artifacts. Bones are of interest primarily to anthropologists or scientists for studies conducted out of public view. Scientific results may be of great interest to the public on fundamental issues regarding ancient migrations, origins of today's people, who arrived first, etc. (remember the ongoing controversy over Kenewick Man). Artifacts are of great interest to ethnic groups regarding ancestral pride, and to the general public regarding respect and appreciation for ancient cultures that are part of the modern heritage for us all. Artifacts can be studied scientifically in laboratories, like bones. Bones themselves need not be publicly displayed in order for scientific information about them to have an effect on public opinion; but artifacts must be placed on public display to make full use of their potential for education and pride in cultural heritage.

Ethnic Hawaiians have a special kuleana (interest, right, and responsibility) for ancient Hawaiian bones and artifacts; but all of us share that kuleana to appreciate and be inspired by the heritage at the core of our shared multicultural society. If the past is buried with the intent to allow it to rot until all has disintegrated and returned to the earth, our heritage and inspiration for future generations will rot along with it.

During the period of chaos in Baghdad following the U.S. military victory it was feared that thousands of artifacts from the dawn of civilization had been looted from the national museum, thereby looting the world's cultural heritage.

We all remember the artifacts from King Tut's tomb. Suppose that tomb had never been explored because some Egyptian zealots loyal to the cult of Ahman Ra had prevented it. Or suppose that after Tut's artifacts were on display in a museum a small group of Egyptians had outright looted them, or used a legal loophole to "borrow" them and return them to the tomb, sealing them inside forever (or perhaps selling them on the black market).

Bishop Museum has been looted repeatedly by cultural/religious zealots.

(1) In the case of the kaai, the looting was done by outright theft in the dark of night. The kaai are two 400-500-year-old woven sennit baskets in the shape of a human, containing bones of major Hawaii Island chiefs Liloa and Lonoikamakahiki. The kaai had been taken from a heiau on Hawaii Island in 1820 (to save them from the destruction of the heiau) to be placed in a burial crypt at (an earlier) Iolani Palace. Later, when the new Royal Mausoleum was built on Nuuanu Ave., the bones of royalty, and the kaai, were moved there in 1865. In 1918, before the royal bones were moved again from the first mausoleum crypt (now a chapel) to a new crypt, the kaai were placed in Bishop Museum by Prince Jonah Kuhio Kalanianaole because of their great historical value. All these things were done by Hawaiian alii. Yet a few cultural/religious zealots in 1994 decided they are more knowledgeable and righteous about the kaai than the alii were during the Kingdom. Unproved rumors are that the theft was done by members or friends of Hui Malama, with help from a museum employee to circumvent museum security; and that the kaai were reburied in Waipio Valley.

(2) In the case of Kanupa Cave, artifacts from the Emerson collection of 1858 were "liberated" openly from Bishop Museum by Hui Malama using the NAGPRA law. Either the artifacts were buried in the cave as promised, and then the cave was later burglarized; or else the artifacts were never buried there. Either way, those artifacts ended up for sale in a shady, secret antiquities market, possibly for money to buy drugs, until federal authorities investigated and confiscated the objects.

(3) The Forbes Cave collection of 83 priceless artifacts was looted from Bishop Museum through a shady deal whereby some museum employees "loaned" Hui Malama the Forbes artifacts under cover of the NAGPRA law for what everyone knew was the purpose of permanently reburying them; despite the fact that other Hawaiian cultural groups were actively asserting their rights under NAGPRA to possess the artifacts to keep them available for future generations. Some observers wonder whether the Forbes artifacts have been sold already, or whether they might be hidden in someone's house to wait a few years until the controversy dies down before trying to "fence" them.

There is a federal law requiring that ancient bones, funerary objects associated with bones, and artifacts at the core of a culture's patrimony, held in museums, must be returned to individual lineal descendants or to a tribal or native cultural organization. The law is NAGPRA -- Native American Graves Protection and Repatriation Act. When more than one person or organization claims bones or artifacts, the museum is obligated to keep ownership until those claimants settle their differences.

Hui Malama claims to know what the ancestors want, and claims the right to represent all Hawaiians regarding bones and artifacts. Truly indigenous groups, and most Indian tribes, are small, cohesive, and culturally monolithic. That makes it reasonable for a chief or tribal council to speak on behalf of the entire group. But there are more than 400,000 ethnic Hawaiians, of many conflicting religious beliefs, scattered geographically, and thoroughly assimilated into a wide variety of non-native cultural practices. It is extremely mahaoi (rude; disrespectful) for any individual or group of officials to claim to speak on behalf of all 400,000.

Some say that passing the Akaka bill would solve the problem, because Hawaiians could then elect leaders authorized to speak for them. But in reality the leaders of the Akaka tribe would be the most powerful institutionally connected people who already abuse and intimidate rank-and-file Hawaiians -- people like the OHA trustees, executives of Bishop Estate (Kamehameha Schools), DHHL officials, etc. The difference between an Akaka tribe and the current situation is that the Akaka tribe would have "sovereignty," meaning that its leaders can make whatever outrageous decisions they wish, and engage in major corruption, knowing that nothing can be challenged in state or federal courts.

There is no consensus among today's ethnic Hawaiians regarding religion; but the dominant viewpoint is Christianity coupled with respect for the ancient religion. Some occasionally participate in reconstituted approximations of ancient rituals. "Traditional practitioners" are a very small minority who choose those portions of ancient religion they like, while (hopefully) setting aside very important ancient observances such as human sacrifice and the death penalty for any woman who eats a coconut or banana. Hui Malama claims some of the Forbes artifacts (and bones) contain living spirits, or at least that the spirits enter the artifacts when summoned through secret rituals. But anyone who believes that must also believe that the spirits of the ancestors can speak to today's descendants or can influence ongoing events for the purpose of helping bones or artifacts to be discovered and used for the benefit of current and future generations.

Let's remember that the ancient Hawaiian religion was overthrown by native leadership including Liholiho Kamehameha II, Kaahumanu, and high priest Hewahewa. They were indeed authorized to speak on behalf of all Hawaiians in a way nobody can today. They gave the order to destroy the heiau and burn the idols in 1819, many months before the Christian missionaries arrived. Some diehard traditionalists launched a civil war in defense of the old religion, until they were wiped out in the Battle of Kuamoo. Today we once again have a small minority of diehard traditionalists -- the leaders of Hui Malama -- who are declaring war against other Hawaiians and against the federal courts. Hui Malama has a valuable service to perform, to work with the various island burial councils to give respectful reburial to bones inadvertently discovered during storms or construction projects. But they must not be allowed to destroy the cultural patrimony.

My mother's brother Bob recently died. He and my mother always loved a candy known as Necco wafers. At the open-casket funeral, one of Bob's daughters handed my mother a roll of Neccos and suggested she put it into the casket to be buried with Bob. Mom asked "Really?" and then she placed it next to his head. Thirty years from now, if it is discovered that Necco wafers deteriorate until after 25 years their disintegrated powder cures cancer, I will have no hesitation giving permission to dig up my Uncle Bob so the Necco powder can be given to whomever needs it. Today Hawaiians, and others, are afflicted with the cancer of drug abuse and social dysfunction. Ancient artifacts can help cure that cancer by reminding us about a spirituality that lies at the core of what makes Hawaii a special place, and by giving pride and inspiration to future generations.

All Hawaii owes a debt of gratitude to Princess Abigail Kawananakoa, Kumu Rubellite Kawena Kinney Johnson, Laakea Suganuma (Royal Hawaiian Academy of Traditional Arts), and others who have courageously resisted public and private bullying from Hui Malama (with strong ties to Sen. Inouye), "Uncle" Charlie Maxwell, the Native Hawaiian Legal Corporation, etc. Kawananakoa, Suganuma, and colleagues are currently using the federal courts to defend Hawaii's cultural patrimony against the ravages of Hui Malama. They would not be able to use the federal courts if the Akaka bill passes, because the Akaka tribe would have sovereign immunity and its leaders could give Hui Malama free rein with impunity.

References

An expanded version of this article can be found at: http://tinyurl.com/b6og4

The kaai, two woven sennit baskets more than 400 years old containing the bones of high chiefs Liloa and Lonoikamakahiki, were stolen from Bishop Museum. http://tinyurl.com/a3gfh

Artifacts from the Emerson collection, from Kanupa cave, were "liberated" from Bishop Museum and Peabody Essex Museum in Salem, Mass. by Hui Malama through official legal processes under NAGPRA. Hui Malama claimed to have reburied the artifacts in Kanupa cave and sealed the entrance. But less than 9 months later, the artifacts were found to be for sale on the black market, and the cave entrance was found to be open and unprotected. http://tinyurl.com/bge8c

Large Web page about the Forbes Cave controversy, including hundreds of pages of news reports covering several years, and some documents filed with the national NAGPRA review committee http://tinyurl.com/82xqp

Very large webpage covering NAGPRA (Native American Graves Protection and Repatriation Act) as applied to Hawaii, with many subpages covering -- Mokapu, Honokahua, Bishop Museum Kaai; Providence Museum Spear Rest; Forbes Cave Artifacts; the Hui Malama organization http://tinyurl.com/yt7se

NAGPRA-related news in Hawaii for 2005, including over 100 pages of news reports about the Forbes Cave controversy during this year alone. http://tinyurl.com/52brs

What's wrong with the Akaka bill? http://tinyurl.com/5jp5r

Kenneth R. Conklin, Ph.D., is an independent scholar in Kaneohe, Hawaii. His Web site on Hawaiian Sovereignty is at: http://www.angelfire.com/hi2/hawaiiansovereignty He can be contacted at: mailto:Ken_Conklin@yahoo.com

HawaiiReporter.com reports the real news, and prints all editorials submitted, even if they do not represent the viewpoint of the editors, as long as they are written clearly. Send editorials to mailto:Malia@HawaiiReporter.com


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