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The Honolulu Advertiser
Posted on: Friday, July 22, 2005

Burials accord should affirm wisdom of law


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The settlement of a lawsuit over the state's Hawaiian burials law, stemming from the Wal-Mart development controversy, is a welcome easing of tensions that may allow the law to be carried out in the way it was intended.

The law was not passed to erect a wall between developers and Hawaiian families that want to see ancestral burials are treated as respectfully as possible. Rather, it was meant as a blueprint to guide government and builders so that development and Native Hawaiian burials can peacefully coexist.

Unfortunately, that wall went up and now must be dismantled, brick by brick. Very little has been peaceful about the Wal-Mart development, in which dozens of burials have been unearthed and still lay in boxes stored in a trailer off Sheridan Street.

These bones must be reburied as soon as possible. The state should expedite its investigation of alleged desecration by the archaeologists who were working to inventory the remains. Further delay would itself constitute a disrespect to the families that's both needless and counterproductive.

State historic preservation officials have agreed under the court settlement to consider how construction affects burials in urban Honolulu, regardless of whether the parcel in question has been developed before. Clearly, many Native Hawaiians were buried in unmarked graves throughout the area now pegged for major redevelopment projects, and these remains should be given their due.

The preservation office also needs a critical infusion of staff support to handle all the cases that are certain to come to light in Kaka'ako and other areas. And then they should work with developers to bring them through the burials review, which rightly gives a voice to families affected when the earth is turned.

The Wal-Mart case demonstrates how the best and most efficient course is to deal with the burials issue head-on. Trying to avert a clash seems to generate more conflict that, in the end, serves no one's interest.