Now that the tussle over the shrouding of a public mural has been resolved and the artwork is back on display at the Hawai‘i Convention Center, those involved say the case holds lessons for the community.
The two-week-long dispute spotlighted the rights of artists under a little-known federal law and the perils of censorship of public art while publicizing the passionate feelings some Hawaiians have regarding artwork that depicts iwi kupuna, or ancestral remains.
On Sept. 4, Paulette Kaanohiokalani Kaleikini and her family obtained permission from Hawaii Tourism Authority President Mike McCartney to cover the “Forgotten Inheritance” mural by Hans Ladislaus, 16 years after the artwork was dedicated. On Thursday evening they quietly returned to remove the layers of black cloth they had used to obscure the mural.
“We took it down because we arrived at an understanding between all the parties,” Kaleikini told the Star-Advertiser on Friday. “The main thing is the message did get out that we are not happy with that mural.”
Kaleikini, who has led efforts to protect Hawaiian remains from disturbance by construction, said she hopes the case leads to more discussion and involvement of Native Hawaiians in decisions about public art.
“For instance, the rail project that’s coming up is going to display a lot of public art in their stations, so I’ve asked to get involved in that committee,” she said.
The decision to obscure the mural prompted an outcry from artists and the broader community. Before the agreement was reached, a protest had been planned to “Free the Mural: Stop the Censorship.”
Bill Meyer, an attorney who specializes in intellectual property and represents the artist, said not only government, but private citizens and property owners need to be aware of the provisions of the Visual Artists Rights Act. Passed in 1990, the law protects against the distortion, modification or mutilation of certain works of visual art.
“This case carries an important message not only for artists and cultural activists, but also for real property owners, managers, developers, lenders, buyers and sellers,” Meyer said.
“The rights that are implicated in this case, called moral rights, are personal to the artist and cannot be transferred, and the artist holds those rights for the artist’s lifetime,” he said. “They can be waived. In this case no such waiver was signed.”
The mural was commissioned by the State Foundation on Culture and the Arts and went through a rigorous selection process and review at each stage by art experts, including Native Hawaiians, before it was dedicated in 1997 when the convention center opened.
Ladislaus has said the 10-by-25-foot sculpture reflects his concern that Hawaii’s people are losing touch with their heritage, and the need to hold dear what is important in a culture.
“‘Forgotten Inheritance’ is simply a reminder to all inhabitants of the islands to respect and care for the fragile ecosystem and traditions which have been placed in our hands,” Ladislaus said.
The abstract work of concrete, plaster and bronze incorporates a map of the island chain and various symbols, including images of bones strewn in sand in the far right edge of the panorama.
Traditionally, Hawaiians believed the bones of their ancestors held spiritual power and kept them hidden from public view.
“Still today my family still walks the sand on Oahu and on the Big Island, and we still pick up human bones in the sand,” Kaleikini said. “We bury them right away. We don’t leave them out in the sun to dry. This mural depicts the bones of our ancestors being left out in the sun to dry. That is against our cultural beliefs and practices.”
The State Foundation on Culture and the Arts, which is responsible for the mural, was not consulted before the Tourism Authority gave Kaleikini’s family permission to cover it up.
Eva Laird Smith, executive director of the foundation, said she hopes people learn from the experience and that a broader discussion ensues.
“We have to protect the rights of the artist,” Smith said. “With censorship you have to draw the line.”
She added, “We are hoping that out of this will come dialogue with all segments of the community.
There are different voices. Our culture is evolving. It’s not stagnant. Everyone was very well intentioned. We bleed together, and in the end we heal together.”
