What's Happening?
Three Native Hawaiian organizations—Mālama Kanakilua, Hoʻoponopono o Mākena, and the Pele Defense Fund—have filed a petition to amend 27 rules related to Hawaii's historic preservation review program and burial sites program. This initiative aims to update
the 1990 burial treatment law, which granted legal protections to unmarked ancient graves. The proposed amendments seek to improve standards for identifying and evaluating historic properties and burial sites, and crucially, ensure the meaningful inclusion of lineal and cultural descendants in the historic preservation review processes. The petition was submitted on March 25 and has since been approved by the Board of Land and Natural Resources to proceed through the official administrative rule-changing process. This process is coordinated by the State Historic Preservation Division and Huliauapaʻa, a nonprofit dedicated to cultural and historical site preservation. Informational meetings have already been held, and the process has entered a second phase of public consultation, with in-person meetings scheduled across the Hawaiian islands to gather feedback.
Why It's Important?
This petition is significant because it addresses long-standing gaps and issues within Hawaii's historic preservation laws and their implementation, particularly concerning iwi kūpuna (ancestral remains). Past incidents, such as the unearthing of over 1,100 ancient Native Hawaiian remains during the construction of the Ritz-Carlton on Maui in 1988 and the removal of over 600 remains at Kawaiahaʻo Church in 2009, highlight the need for stronger protections and more inclusive decision-making. The proposed changes aim to empower lineal and cultural descendants by making them primary participants in the preservation process, rather than being informed after plans are made. This shift is crucial for maintaining cultural connections to sacred spaces and ancestors, which are deeply rooted in Native Hawaiian traditions. Additionally, amendments address the significant lack of staff at the State Historic Preservation Division by allowing delegates from island burial councils to conduct administrative affairs, potentially speeding up responses for descendant recognition and protection efforts.
What's Next?
The process is currently in its second phase of public consultation, with the State Historic Preservation Division planning in-person meetings on the Big Island, Kauaʻi, Maui, and Oʻahu. Public feedback is a crucial component of this phase, and there is no set deadline for comments, encouraging broad participation. Stakeholders, including archaeologists like Janet Six from Maui County, are urging public attendance at these meetings to contribute to the proposed changes. Following the public consultation, the State Historic Preservation Division will reassess program areas and make necessary adjustments to meet constitutional responsibilities, setting a new course for the state's historic preservation program. The amendments, if adopted, will lead to more efficient and responsive historic preservation processes, particularly in cases where burial sites may be affected, and will redefine how inadvertent discoveries of remains are handled, ensuring that subsequent findings in known burial grounds are classified as previously identified, granting jurisdiction to island burial councils.
Beyond the Headlines
The proposed amendments delve into the ethical and cultural dimensions of land development and ancestral heritage in Hawaii. The historical context of displacement from ancestral lands and the disruption of relationships with ʻāina (land), kūpuna (ancestors), and customs underscores the profound impact of these legal frameworks. By ensuring lineal and cultural descendants are primary participants, the amendments aim to rectify historical injustices and foster a more respectful and culturally sensitive approach to land use and preservation. The changes also reflect a broader societal shift towards recognizing and empowering indigenous communities in decisions affecting their heritage. The redefinition of 'inadvertent discovery' to include consequences for disturbing subsequent burials in known areas signifies a move away from a reactive approach to a more proactive and protective stance, acknowledging the sacredness of these sites and the importance of their undisturbed preservation for future generations. This initiative could serve as a model for other regions grappling with similar issues of indigenous heritage protection.
