On Monday, in Na Lei Alii Kawananakoa v. Hui Malama I Na Kupuna O Hawai'i Nei, the U.S. Ninth Circuit Court of Appeals upheld an earlier district court ruling involving a dispute between competing native Hawaiian groups over valuable burial artifacts. (See prior posting.) Both the Honolulu Star Bulletin and the Honolulu Advertiser report on the case which involves alleged violations of the Native American Graves Protection and Repatriation Act. In a brief opinion, the appeals court upheld the lower court's preliminary injunction ordering Hui Malama, a Native Hawaiian group, to return 83 valuable burial objects to the Bishop Museum so 13 other claimants can help decide their final resting place.
The disputed objects were reburied in their original resting place at Kawaihae (Forbes) cave five years ago after they were loaned by the Museum to Hui Malama. Hui Malama now argues that reopening the cave would be a desecration that violates their religious beliefs. They also argue that the cave would collapse if opened. A settlement, however, may be in sight. Alan Murakami, an attorney with the Native Hawaiian Legal Corp. which is representing Hui Malama, said that Hui Malama is "on the verge" of getting a majority of the original 13 claimants to the artifacts to agree that leaving the items in the cave is the preferred course of action.
UPDATE: The Dec. 16 Honolulu Advertiser reports that Hui Malama has told the court that it will disclose the location of the artifacts in question, but it would like that disclosure sealed from the public.
