Bill Text: HI HCR189 | 2021 | Regular Session | Amended
Bill Title: Expressing Support For And Urging The International And Domestic Repatriation Of Native Hawaiian Art, Cultural Items, And Iwi Kupuna.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-04-23 - Resolution adopted in final form. [HCR189 Detail]
Download: Hawaii-2021-HCR189-Amended.html
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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
189 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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HOUSE CONCURRENT
RESOLUTION
EXPRESSING SUPPORT FOR AND URGING THE INTERNATIONAL AND DOMESTIC REPATRIATION OF NATIVE HAWAIIAN ART, CULTURAL ITEMS, AND IWI KUPUNA.
WHEREAS, articles 11 and 12 of the United Nations Declaration on the Rights of Indigenous Peoples of 2007 affirm the rights of indigenous peoples to maintain, protect, and develop their artistic and cultural artifacts and directs member states to seek repatriation, and in certain cases redress, for items inappropriately or unlawfully taken; and
WHEREAS, the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property provided the first international legal framework to combat illicit trafficking of cultural property in times of peace and has been ratified by one hundred twenty-seven countries including the United States; and
WHEREAS, in 1978 the United Nations established the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation to promote bilateral and multilateral cooperation, negotiation, restitution, and general public awareness for the repatriation of cultural goods; and
WHEREAS, the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) established penalties for those who sell, purchase, use for profit, or transport for sale or profit any Native American or Native Hawaiian cultural item obtained in violation of the Act; and
WHEREAS, in 2013, the United Nations Educational, Scientific and Cultural Organization (UNESCO) reported that the black market of historic artistic and cultural items constitutes one of the most persistent illegal trades in the world, reaching an estimated value of $60,000,000,000 globally; and
WHEREAS, article
XI, section 9, of the Hawaii State
Constitution affirms the importance of conserving historic or cultural places,
objects, and art; and
WHEREAS, 18 U.S.C. 1170 established penalties for those who unlawfully reproduce, forge, sell, or exchange historic objects, as well as for those who unlawfully transport iwi kupuna out of the State; and
WHEREAS, cultural and historic artifacts such as Native Hawaiian art and iwi kupuna are indispensable parts of Native Hawaiian culture and have been subject to inappropriate or illegal theft and transfer; and
WHEREAS, among these items located abroad include ‘ahu ‘ula (feather cloak or cape), mahiole (feather helmets), kāhili (feather standard, symbolic of royalty), pohaku ku‘i ‘ai (poi-pounding stone), papa ku‘i ‘ai (poi-pounding board), pahu (drum), ipu (guard), leiomano (weapons made of large shark teeth), niho palaoa (whale-tooth pendant), kapa (fabric), kapa pounders, ki‘i (image or statutes), and ancestral remains; and
WHEREAS, Native Hawaiian art and cultural items are preservations of masterful craftwork and highly refined techniques revered across the Pacific, which are tragically in danger of becoming a lost art with each passing generation; and
WHEREAS, these artifacts are crucial elements in understanding and perpetuating traditional ceremonial procedures, culinary practices, warfare, music, political structures, dress, and other facets of the complex social, political, economic, spiritual, and intellectual fabric of Native Hawaiian society; and
WHEREAS, the unlawful or inappropriate removal of these items from Hawaii represents a deplorable robbery from future generations of their identity, ancestral connection, and opportunities for revitalization and perpetuation of their culture; and
WHEREAS, artifacts lost from Hawaii are not limited to those of ancient Hawaii, but include an estimated five thousand items that remain missing from ‘Iolani Palace following the overthrow of the Kingdom of Hawaii, including Kalakaua's bedroom suite, military items in private collections, the Gothic Revival Hutch last seen at the demolished Haleiwa Hotel, the King's Library Venus de Milo plaster cast, and spelter statues; and
WHEREAS, the Legislature acknowledges there are certain instances in which historic Native Hawaiian artifacts have legitimate reasons to be placed abroad or in the continental United States, such as the willful exchanges that occurred with voyagers or gifts sent by the Kingdom of Hawaii to other nations; and
WHEREAS, in certain appropriate and lawful instances, these artifacts may serve as their own cultural ambassadors by providing education or advancing research, as well as providing opportunities for Native Hawaiians and other Hawaii residents to connect to Hawaii's history and heritage; now, therefore,
BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the Senate concurring, that this body expresses its support for, and urges the international and domestic repatriation of Native Hawaiian art, cultural items, and iwi kupuna; and
BE IT FURTHER RESOLVED that this body recognizes the work of the United Nations Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation and strongly urges UNESCO and its member states to protect Native Hawaiian artifacts; and
BE IT FURTHER RESOLVED that this body recognizes the work of the federal government to repatriate indigenous artifacts and respectfully urges the Secretary of the Interior, Secretary of State, Secretary of Commerce, Secretary of Homeland Security, and United States Attorney General to consult with Native Hawaiian organizations and communities in repatriating Native Hawaiian art, cultural items, and burial remains; and
BE IT FURTHER RESOLVED that this body respectfully urges the Secretary of the Interior, Secretary of State, Secretary of Commerce, Secretary of Homeland Security, and United States Attorney General to work to determine the scope of illegal trafficking of these items domestically and internationally and develop methods and explicit regulations to prevent its proliferation; and
BE IT FURTHER RESOLVED that the Governor, Department of Land and Natural Resources, and Hawaii State Historic Preservation Division are urged to continue cooperation with domestic and international entities to encourage, conduct, and facilitate repatriation efforts; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Secretariat of the United Nations Permanent Forum on Indigenous Issues, Chairperson of the United Nations Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation, Secretary of State, Secretary of Commerce, United States Attorney General, Secretary of the Interior, Secretary of Homeland Security, Manager of the Federal Bureau of Investigation Art Crime Team, Executive Director of the Bureau of Educational and Cultural Affairs, members of Hawaii's Congressional Delegation, Governor, Lieutenant Governor, Chairperson of the Board of Land and Natural Resources, Administrator of the State Historic Preservation Division, Chief Executive Officer of the Office of Hawaiian Affairs, President and Chief Executive Officer of the Council for Native Hawaiian Advancement, President of Bishop Museum, and Director of the Friends of ‘Iolani Palace.
Native Hawaiian Art; Cultural Items; Iwi Kupuna; Repatriation
