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The Honolulu Advertiser

Posted on: Thursday, December 9, 2004

Native burials law is criticized

By Vicki Viotti
Advertiser Staff Writer

Some Hawaiians yesterday called for the federal native burials law to be changed, giving families more influence than other groups in how remains and funerary objects are treated.

To submit testimony

The U.S. Senate Committee on Indian Affairs will accept written testimony on NAGPRA through Jan. 4. E-mail comments to: testimony@indian
.senate.gov
.

But U.S. Sen. Daniel Inouye, who called the hearing held at the East-West Center, later said nobody should expect amendments to emerge very soon, adding that even the long-stalled Native Hawaiian federal recognition bill is more likely to clear its congressional hurdles first.

The law — the Native American Graves Protection and Repatriation Act, or NAGPRA — has been the catalyst for clashes among various sectors of the Hawaiian community for years, the conflicts escalating as an increasing number of informal family groups became involved in making claims.

Yesterday's hearing placed a spotlight on that conflict, and several of the nine invited speakers took the opportunity to lay their grievances bare.

One was La'akea Suganuma, spokesman for a group of claimants who in 2000 stepped forward in protest. At issue was the reburial of 83 artifacts, first unearthed a century earlier, in a cave at Honokoa Gulch at Kawaihae. Although NAGPRA was enacted with "good intent" and has worked well with Native American and Native Alaskan tribes, problems have arisen in Hawai'i, Suganuma said.

"Because we are not tribal, nor do we have a government, actual and legal ownership has been transferred to a few, without regard for the Hawaiian people as a whole," he said.

He cited one group, "whose spokesman was involved in the development of NAGPRA," that has "arbitrarily imposed their beliefs on everyone else, while getting paid for their services and receiving substantial sums in the forms of grants and reimbursements from the government."

Suganuma was referring to Hui Malama I Na Kupuna O Hawai'i Nei, a burials nonprofit whose own spokesman, Edward Halealoha Ayau, had testified earlier and then left the hearing.

The hui reburied objects at Kawaihae and Kanupa caves. A break-in discovered last summer at Kanupa, and the black-market sale of some of its objects, is evidence of the "tragic consequences" of the hui's action, Suganuma said. He also asked Inouye to inquire about the federal investigation into the matter, adding that the results of the probe "seem to have been quietly shelved."

The hearing's general focus, however, remained on what qualifies as a "Native Hawaiian organization" that can file a claim. Ayau's testimony included proposed language that would require such groups to demonstrate expertise in cultural practices relating to burials and have mostly Native Hawaiians on their governing boards.

After the hearing, Ayau said the law makes the same allowance for all native groups: The only family members allowed to claim are direct lineal descendants, he said, and U.S. Department of Interior officials had insisted on that restriction when the law was passed 14 years ago.

He also shrugged off critics' complaints about the hui's performance and said the group would welcome involvement from anyone "committed to this."

"Stop complaining and do the work," he said. "We need the help."

Reach Vicki Viotti at vviotti@honoluluadvertiser.com or 525-8053.