107 over a situation than others involved (WRFN). This meaning is evidenced in the above text by the following assertions of power: The UMMA has the power to make such bargains (DNA for return of remains). The UMMA has the unilateral power to say when the negotiations are over, claiming in the process that failure to settle otherwise is the fault of the WRFN. The UMMA has the power to return these remains if they wish, despite the ethical problems that this will create for them. The UMMA has the power to return these remains if they wish even though they have sound evidence that they do not belong to WRFN. The UMMA has the power to possess the remains of Indians while Indians do not have the power to possess the remains of archaeologists. The UMMA has the power to conduct research on the remains of Indians while The UMMA has the power to claim that they have sound evidence to disprove the It is important to note that none of the above assertions of power appear overtly in the UMMA text. To do so would appear terribly blunt. The test of the validity of such assertions, however, is not that it is said directly in the text, but that they are necessary to make the claims in the text. Thus, when Dr. O'Shea says: "I must conclude, therefore, that the present negotiations are at an end," his claim cannot be made without asserting power (presumption #1 above). This method of analysis has identified the meaning of authority from the standpoint of author. Another indicator of meaning in the use of power is defined by contradiction. Contradiction of the "Un-Said" One of the most important aspects in the analysis of texts, when it comes to the issue 109 It is true that ignorance of the law is no excuse, but the failure of the UMMA to recognize this law for the past sixty years can be seen as clear evidence of power usage. The facts of this case show that the University of Michigan representatives prefer to "subscribe" to the laws of the land as opposed to obeying them. Is conflict resolution possible when the issues are considered unequivocal? Specifically, when scientific knowledge is deemed of greater value to the future than indigenous knowledge. The next chapter continues analyzing the University of Michigan's formal responses to the WRFN's requests to stop research and repatriate their ancestors remains. HUI MĀLAMA I NĀ KŪPUNA 'O HAWAI'I NEI (GROUP CARING FOR THE ANCESTORS OF HAWAI'I) November 25, 1998 Department of the Interior National Park Service Departmental Consulting Archaeologist 1849 C Street, NW, Room NC340 Washington, D.C. 20240 Attn: Dr. Francis McManamon Attached is a copy of an important resolution passed unanimously by the Board of Directors of Hui Mălama | Nā Kūpuna O Hawai'i Nei on October 24, 1998. Although its subject matter pertains directly to you, we are entrusting that you will maintain the highest level of objectivity, and honor our request to provide the said resolution and this cover letter to the NAGPRA Review Committee for consideration at its meeting of December 10-12, 1998 in Santa Fe, New Mexico. We intend to send representatives to the meeting to respond to any questions the Committee might have relating to the concerns raised therein. Balance is an important value in our culture. Due to recent actions by yourself including those identified in the resolution, as well as your recent representations at the Mōkapu meeting to attach conditions to the consideration of a joint NAGPRA repatriation application that went beyond the scope of NAGPRA, we are compelled to voice our serious concern for the lack of balance in terms of Native American interests. These actions highlight the conflict of interest, and the imperative need to relocate the NAGPRA Program to a more neutral office within the Department of Interior He leo wale no (Simply a voice, only a voice), Kūnani Nihipali Po'o Post Office Box 190 Hale'iwa, Hawai'i 96712-0190 HUI MÄLAMA I NĀ KŪPUNA ‘O HAWAI'I NEI (GROUP CARING FOR THE ANCESTORS OF HAWAI'I) RESOLUTION 98-002 WHEREAS, Hui Mālama | Nā Kūpuna O Hawai'i Nei was founded to protect the sanctity of iwi küpuna (ancestral Native Hawaiian remains) and ensure their proper return to ka ‘šina (the land) through the practice of traditional values, spiritual beliefs, and practices: WHEREAS, Hui Mālama | Na Kūpuna O Hawai'i Nei continues to invoke në kūpuna for 'ike (knowledge), ikaika (strength), akamai (intelligence), maopopo pono (true understanding), 'ike pāpālua (avenues of communication), and mana (good energy) through pule (prayer); WHEREAS, the Native American Graves Protection and Repatriation Act hereinafter, "NAGPRA", is a federal statute that specifically identifies and authorizes Hui Mālama | Nå Kūpuna O Hawai'i Nei to exercise authorities such as consultation and repatriation of cultural items specified in the statute; WHEREAS, NAGPRA requires the Secretary of Interior to implement the provisions of NAGPRA by delegating statutory duties and responsibilities to an entity within the Department of Interior and that the Secretary of Interior delegated NAGPRA implementation responsibilities to the Departmental Consulting Archaeologist within the National Park Service; WHEREAS, as the nation's chief archaeologist, the Departmental Consulting Archaeologist, is required to implement a federal statute that mediates archaeological and museum interests vis-a-vis those of Indian Tribes and Native Hawaiian Organizations, including Hui Mālama | Nā Kūpuna O Hawai'i Nei; WHEREAS, the National Park Service is therefore in the position to both implement the NAGPRA process, including promulgating administrative regulations, and to comply with the administrative regulations for its own collections that contain cultural items included in NAGPRA, which represent an inherent conflict of interest: WHEREAS, the NAGPRA administrative regulations largely reflect the concerns of archaeology, rather than Native people, a reflection of the fact that the program is under the authority and direction of the Departmental Consulting Archaeologist and that the imbalance in favor of archaeology and against Native interests will only continue to worsen, as demonstrated by the following cases: Kennewick Man, the University of Nebraska, Bandelier National Park, Wyoming State Museum, and the University of California Berkeley: Post office Box 290 Hale'iwa, Hawai'i 96712-0190 Page Two WHEREAS, in order to cure the conflict of interest, Hui Mālama | Nā Kūpuna O Hawai'i Nei strongly urges the separation of the Departmental Consulting Archaeologist from all NAGPRA implementation activities including, but not limited to, the promulgation of regulations, monitoring compliance, publishing Federal Register notices, providing staff support to the NAGPRA Review Committee, awarding grants. assessing civil penalties, and providing technical assistance, to a neutral agency with the Department of Interior; NOW THEREFORE BE IT RESOLVED that the Board of Directors of Hui Mālama | Na Kūpuna O Hawai'i Nei strongly urge the separation of all NAGPRA implementation activities from the Departmental Consulting Archaeologist to a neutral agency within the Department of Interior, in order to better provide equity and fairness to the NAGPRA implementation process, and to balance the interests of Native people and archaeology. IN ADDITION, the Board of Directors of Hui Mālama | Nā Kūpuna O Hawai'i Nei directs that this resolution be provided to the Secretary of Interior, the National Park Service, the Hawai'i congressional delegation, the Office of Hawaiian Affairs, the island burial councils, interested Native Hawaiian Organizations, Indian Tribes, Tribal organizations, including the Tribal Historic Preservation Officers Organization, and Alaska Native Corporations, for support and to urge the Secretary of Interior to act in accordance with this resolution. CERTIFICATION The foregoing Resolution was duly adopted at a Board of Directors meeting held in Honolulu, Hawai'i on the 24th day of October, 1998, with the required quorum present by a vote of 4 FOR, ATTEST: I Kalekhon Kaes Kaleikos Ka'so, Secretary/Treasurer AGAINST. Kunani Achipeli Kunani Nihipali. |