Hawaii Inmates in OK allowed to observe MakahikiDecember 5, 2003 4
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For more information call: Andrew Sprenger at 521-2302 Hawaii Inmates in Oklahoma allowed to observe the Makahiki Native Hawaiian inmates incarcerated in Oklahoma were able to greet the beginning of the Makahiki season with prayers, chants and dancing due to the State of Hawai`i’s acknowledgment that the prisoners’ had a right to practice their Native Hawaiian religion. Read more...
On November
21, 2003, the Hawai`i Department of Public Safety authorized its prison
contractor, the Diamondback Correctional Facility in Watonga, Oklahoma, to allow
Native Hawaiian inmates to recognize the Makahiki season (11/24/03 to 1/23/04)
as a critical tenet of their spiritual needs as Native
Hawaiians.
As a result of the State’s recognition of their Constitutional and statutory right to practice their Native Hawaiian religion, the prisoners were permitted to gather together in a group for two hours on the morning of November 24, 2003 to pule (pray), oli (chant) and perform various hula. Immediately following these prayers, chants, and dancing, prison officials permitted the prisoners to take part in a communal noonday meal. Further, prison officials will permit Native Hawaiian prisoners to meet for one hour each week during the Makahiki season to practice their prayers, chants, and dancing. Prison officials have also agreed to allow a similar celebration for the closing of the Makahiki season in January 2004. The State of Hawai`i’s recognition of the right of Native Hawaiian prisoners to practice their religion was a result of negotiations initiated by the Native Hawaiian Legal Corporation (“NHLC”), on behalf of ten Native Hawaiian inmates. Prior to NHLC’s involvement, the State of Hawai`i did not clearly recognize Native Hawaiian religion and at least one administrator had stated that the “practice of traditional Hawaiian Religion does not require any special setting including meeting with other Hawaiians to practice chants, meditation, hula and other form of prayers.” As a result, the State of Hawai`i would not permit those Native Hawaiians incarcerated at the Diamondback facility to meet together or engage in any communal Native Hawaiian religious practices. Prisoners at Watonga, Oklahoma, contacted Office of Hawaiian Affairs Trustee Collette Machado about the policy. OHA then worked with NHLC to provide the prisoners with legal assistance. On October 22, 2003, NHLC attorney Andrew B. Sprenger wrote a letter to the Department of Public Safety and the Warden of the Diamondback Facility on behalf of ten Native Hawaiian prisoners requesting that the State of Hawai`i recognize their constitutional and statutory rights to observe certain and specific Native Hawaiian religious ceremonies associated with the Makahiki season, including the right to observe the opening of the season on November 24, 2003. On November 6, 2003, the Warden for Diamondback facility informed NHLC that, pursuant to instructions from the State of Hawai`i, he would not permit the inmates to recognize the Makahiki. Subsequently, the office of the Lieutenant Governor assisted in establishing a dialogue with the Department of Public Safety and NHLC. This dialogue resulted in the State’s recognition of the inmates’ right to observe the Makahiki. To accommodate security concerns, some conditions were placed upon the prisoners’ observance of the Makahiki. First, although the Makahiki observance usually begins with sunrise ceremonies, the prison had fewer security personnel on duty at that time of day. This meant that the prisoners were not allowed to meet until approximately 10 a.m. Second, inmates who did not claim to be Native Hawaiian religious practitioners or who were serving solitary confinement punishment were not allowed to participate in the ceremonies. NHLC and the Department of Public Safety have also agreed in principle to continue a dialogue, including the possibility of establishing a panel of Hawaiian religious and cultural practitioners to assist the State in ensuring that the religious needs of Native Hawaiian prisoners on the mainland and in Hawai`i are met. NHLC attorney Andrew B. Sprenger said, “We are very pleased with the discussions that we’ve begun with the Department of Public Safety and commend them for recognizing that the spiritual needs of Native Hawaiian prisoners are strong elements of the rehabilitation process.” NHLC was aided by students at the University of Hawai`i Richardson School of Law who worked on the case throughout the fall semester as part of the Native Hawaiian Rights clinic. The law students researched issues ranging from First Amendment religious freedom rights to federal court procedural issues and helped to prepare documents to be filed in court if negotiations failed. Mr. Sprenger said that the Hawaiian prisoners at Watonga often feel “alone and isolated – as if they’ve been banished from their land” and the right to gather together, to pray, chant, and dance, and to express their spiritual beliefs, is life-affirming and re-connects them with their `aina. “We are very pleased with the initial outcome,” Sprenger said, “the Native Hawaiian prisoners were allowed to observe the Makahiki and the State has recognized the existence of the Native Hawaiian religion and the need of those who practice the Native Hawaiian religion to gather communally. We realize, however, that this is only a first step. NHLC will continue to work toward a uniform and consistent policy that gives our clients the full panoply of religious rights enjoyed by other inmates of more established faiths.” In a letter, inmate Kalani Medeiros, expressed his gratitude to NHLC and the law students for their help and described what happened at the Watonga Makahiki observance: We began with prayer, oli and chant and ended with protocol, aiha`a and pule - paina. We went over the spiritual significance of the Makahiki and our place and identity for all Kanaka Maoli. Mr. Medeiros closed his letter by saying: My sincere hope is for all my brothers and sisters, wherever they are interned to partake of the Sprit and identity as we are Hawaiians on the road to wellness and oneness with our God and ourselves. Posted: Fri - December 12, 2003 at 08:03 AM |
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Total entries in this category: Published On: Dec 27, 2005 10:15 PM |