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The Honolulu Advertiser

Advertiser Staff

Posted on: Thursday, July 9, 2009

About Honokahua

 • Plan to build Kauai home over native burials raises legal issues

Starting in 1987, more than 1,100 ancestral native Hawaiian burials were excavated from sand dunes at Honokahua, Maui, to prepare for proposed ocean-side construction of the Ritz Carlton at Kapalua.

“And, even though we challenged it, there weren't any laws, either federal laws, state laws or county laws that protected the bones of our küpuna,” said Dana Naone Hall, a Native Hawaiian resident of Maui who has been involved with gravesite protection since Honokahua.
Native Hawaiians and supporters rallied at Honokahua, and in late 1988 at the state Capitol, finally halting the burial disturbance. The hotel was built farther inland and the remains reburied with Native Hawaiian protocols. The 14-acre site is now a historical and cultural landmark.
Hawaiçi’s burial treatment law passed in 1990 gives unmarked burials, most of which are Native Hawaiian, the same protection as modern cemeteries. The law:

  • Set up the Burial Sites Program within the state Department of Land and Natural Resources' Historic Preservation Division.

  • Created five island burial councils — Kaua'i-Ni'ihau, O'ahu, Maui-Lana'i, Moloka'i and Big Island — to determine proper treatment of previously identified burial areas. The unpaid, governor-appointed councils include Native Hawaiians and members representing landowners. At least two of three members on the councils, which can range from seven to 15 members, must be Native Hawaiian.

  • Established procedures to deal with the inadvertent discovery of human skeletal remains.

  • Called for construction work to stop when human remains are found. If the remains appear to have been buried 50 or more years, the DLNR, in consultation with the affected landowner, the island burial council and any identified descendants, determines whether the burial can safely remain in place where discovered or whether relocation may be needed.

  • Provided penalties of up to $10,000 per burial for unauthorized alteration, excavation or destruction of unmarked burial sites. Equipment used in any violation may be confiscated by the state.

    “Honokahua changed the history of Hawaiçi ... set precedent that we will never ever go back to this complacency and complete disregard for the iwi of our küpuna,” said Cliff Naeçole, a cultural adviser and caretaker at the site. “Honokahua has created the laws, Honokahua IS the law, this stands as the kähili (feather standard, a sign of royalty) for all burial sites from here on to perpetuity. This is the battleground, this is the piko (navel, umbilical cord) of these new laws.”

    Sources: Hawaiçi Department of Land and Natural Resources, state Historic Preservation Division Web site http://hawaii.gov/dlnr/hpd/naiwikupuna.htm