La’akea Suganuma Response to Request by Hui Malama to the NAGPRA Review Committee to Reconsider its Decision About the Forbes Cave Controversy Based on the Committee Hearings of May 9-10, 2003 in St. Paul, MN


Hui Malama I Na Kupuna O Hawai’i Nei did not like the decision made by the NAGPRA Review Committee following the committee’s hearings about the Forbes Cave controversy. Those hearings were held May 9-10, 2003 in St. Paul, Minnesota. The Committee’s decision, while not legally enforceable, carries a great deal of moral weight and might be cited in possible future litigation by the claimants who oppose what Hui Malama did with the artifacts. Since Hui Malama claims the artifacts are now in a cave under its control, and since Hui Malama refuses to return the artifacts to Bishop Museum or to any other neutral place where disputes among the claimants might be resolved, it may be that the only recourse open to the other claimants is litigation to force Hui Malama to give up the artifacts.

Hui Malama wants to strengthen its claim that the artifacts were properly given to Hui Malama, and that Hui Malama has properly repatriated them to the cave, and that the matter is now permanently settled. But the NAGPRA Review Committee report disagreed with Hui Malama’s position. Accordingly, Hui Malama has written to the NAGPRA Review Committee to request reconsideration of its decision based on alleged procedural improprieties.

One of the claimants opposing Hui Malama is La’akea Suganuma, speaking on behalf of the Royal Hawaiian Academy of Traditional Arts. Mr. Suganuma has very kindly provided some of his documents for posting on this webpage, in order that the public might be kept informed about the progress of the dispute and the viewpoint of his organization. No documents have been made available by Hui Malama or any other claimants.

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Royal Hawaiian Academy of Traditional Arts

835 Ahuwale Street, Honolulu, Hawaii 96821 * Phone (808)377-5611 * Fax (808)377-5611 

August 27, 2004 

Tim McKeown, Designated Federal Officer

National Park Service

National NAGPRA Program Office

1849 C Street NW, NC350

Washington, D.C. 20240 

Re: Request to reconsider the findings and recommendations of the NAGPRA Review Committee in the

Kawaihae Caves Complex non-repatriation dispute held on May 9-10, 2003 in St. Paul, MN. 

Dear Sir:

This is to address the above referenced request made by Hui Malama I Na Kupuna O Hawaii Nei and the Native Hawaiian Advisory Council dba Ke Kia*i, “due to procedural error.” They allege that the “review committee failed to notify all necessary parties to this dispute and proceeded to issue a finding without consideration of all necessary facts.” They further requested “that the review committee include reconsideration of this issue on the agenda of a future meeting held in Hawai*i. 

Briefly, the facts are:

 

 

DISPUTE HISTORY 

 

 

SUMMARY 

There was no procedural error committed by the involved parties or the Review Committee. All requirements of the Dispute Resolution Procedure, in effect at the time, were fulfilled. The amendments regarding notification of all claimants was made after the issuance of the Review Committee’s finding and recommendations in this dispute and is not retroactively effective. It is ludicrous to allege violation of a requirement that was not in existence at the time the alleged violation took place. All of the thirteen claimants were aware of the Review Committee’s decision to review this dispute, along with the date and location of the meeting, and had every opportunity to participate. There are no published guidelines and/or grounds for reconsideration that are applicable, and there are no facts that were not previously submitted.  

Furthermore, lacking any detailed rules, requirements or grounds governing the submission of requests for reconsideration, how can a proper decision be made? What remedial options are available to the Review Committee, especially when there are no additional facts to consider? Does the committee have the authority, in fact, to reverse, rescind, amend or otherwise tamper with the findings and recommendations of a previous committee? Would the entire dispute be heard again, further adding to the backlog of reviews already pending attention by the Review Committee? 

For all of the stated reasons and unanswerable questions, we hereby ask that the request for reconsideration in this matter be denied and that the findings and recommendations of the duly authorized NAGPRA Review Committee stand, as previously issued. Please contact me if you have any questions or comments. 

Me Ke Aloha, 

 

L. La*akea Suganuma

Authorized Representative 

 

Attachments


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Royal Hawaiian Academy of Traditional Arts

835 Ahuwale Street, Honolulu, Hawai*i 96821 * Phone (808)377-5611 * Fax (808)377-5611 

 

 

September 9, 2004 

Tim McKeown, Designated Federal Officer

National Park Service

National NAGPRA Program Office

1849 C Street NW, NC350

Washington, D.C. 20240 

Re: Request to reconsider the findings and recommendations of the NAGPRA Review Committee in the

Kawaihae Caves Complex non-repatriation dispute held on May 9–10, 2003 in St. Paul, MN. 

Dear Sir: 

Please be advised that I will be attending the NAGPRA Review Committee meeting at the Sheraton Four Points in Washington, D.C. on September 17-18, 2004 to address the above referenced matter. In preparation for said meeting, the academy has procedural questions that we would like answered as soon as possible and no later than the beginning of the hearing of this matter in accordance with the Review Committee’s agenda. In addition, we have requests, as outlined below. 

Our questions are:

 

Our requests are:


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Royal Hawaiian Academy of Traditional Arts

835 Ahuwale Street, Honolulu, Hawai*i 96821 * Phone (808)377-5611 * Fax (808)#77-5611 

 

 

 

 

September 10, 2004 

 

Tim McKeown, Designated Federal Officer

National Park Service

National NAGPRA Program Office

1849 C Street NW, NC350

Washington, D.C. 20240 

Re: Request to reconsider the findings and recommendations of the NAGPRA Review Committee in the

Kawaihae Caves Complex non-repatriation dispute held on May 9–10, 2003 in St. Paul, MN. 

Dear Sir: 

In addition to my previous correspondence, dated August 27, 2004 and September 9, 2004, this shall serve to raise additional questions that we request be answered as soon as possible, and no later than the beginning of the hearing of the above referenced matter. 

The request made by Ho*oipo Pa of Ke Kia*i and Kunani Nihipali of Hui Malama I Na Kupuna O Hawai*i Nei, dated July 12, 2004, states: “2) We ask that the review committee reconsider the findings related to the Bishop Museum’s repatriation of cultural items from the cave at Kawaihae due to procedural error.” This was also stated verbally during the NAGPRA teleconference call of July 19, 2004. The draft agenda of the forthcoming Review Committee meeting in Washington, D.C. refers to this as a “Request to rescind the review committee’s finding regarding Kawaihae.” We realize that this is a draft agenda but our concern certainly warrants immediate clarification. 

The July 12, 2004 request further states: “We request that the review committee include reconsideration of this issue on the agenda of a future meeting held in Hawaii.” 

Our questions are:

 

Thanking you in advance, we look forward to your timely response. 

Aloha, 

 

L. La*akea Suganuma

Authorized Representative


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Royal Hawaiian Academy of Traditional Arts

835 Ahuwale Street, Honolulu, Hawai*i 96821 * Phone (808)377-5611 * Fax (808)377-5611 

 

 

 

 

 

September 13, 2004 

 

Tim McKeown, Designated Federal Officer

National Park Service

National NAGPRA Program Office

1849 C Street NW, NC 350

Washington, D.C. 20240 

Re: Request to reconsider the findings and recommendations of the NAGPRA Review Committee in the

Kawaihae Caves Complex non-repatriation dispute held on May 9-10, 2003 in St. Paul, MN. 

Dear Sir: 

In addition to my previous correspondences of August 27, 2004, September 9, 2004 and September 10, 2004, this is to raise additional questions that we request be answered as soon as possible and no later than the beginning of the hearing of the above referenced matter. We also hereby request that these questions and copies of all previous correspondences be forwarded by you to the legal counsel at the Office of the Solicitor who represents the NAGPRA Review Committee or the National NAGPRA Program. It is our understanding that the appropriate person is Carla Mattix, but will leave this in the good hands of your office to ensure that proper distribution is made in timely fashion.  

Furthermore, we believe that the answers to these questions will expedite the resolution of this matter to its lawful and proper conclusion and therefore, request that these questions be answered before any discussion of this matter ensues. 

Our questions are:

 

Thank you for your kind attention and, as always, please contact me if you have any questions. 

Aloha, 

 

L. La*akea Suganuma

Authorized Representative



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The documents on this webpage fit into a context that has many levels of generality. Listed below are webapges starting with the very specific issue addressed by these documents, and moving toward increasingly broad levels of generality.

GO BACK TO -- NAGPRA NATIONAL REVIEW COMMITTEE MEETING IN ST. PAUL, MINNESOTA MAY 9-11, 2003 (FOCUSING ON FORBES CAVE CONTROVERSY) -- FINDINGS, RECOMMENDATIONS, AND MINUTES OF THE MEETING (PUBLISHED AUGUST 20, 2003)

OR

GO BACK TO -- The Forbes Cave Controversy During and After The NAGPRA Review Committee Meeting of May 9-11, 2003, including official findings of the review committee published August 20, 2003 and Bishop Museum position paper of June 30, 2004

OR

GO BACK TO -- Forbes Cave (Kawaihae Caves) Artifacts Controversy

OR

GO BACK TO: NAGPRA (Native American Graves Protection and Repatriation Act) as applied to Hawai'i -- Mokapu, Honokahua, Bishop Museum Ka'ai; Providence Museum Spear Rest; Forbes Cave Artifacts; the Hui Malama organization

OR

GO BACK TO OTHER TOPICS ON THIS WEBSITE

Email: ken_conklin@yahoo.com