Ka Wai Ola - Office of Hawaiian Affairs, Volume 5, Number 5, 1 May 1988 — Attachment I of Guidelines [ARTICLE]

Attachment I of Guidelines

Respect for Native Hawaiian Burialsand Remains

Editor's Note: The following article is Attachment I of the "Guidelinesfor the Consideration of Traditional Native Hawaiian Cultural Values in Historic Preservation Review" adopted by the Office of Hawaiian Affairs Board of Trustees. This is another document prepared by the OHA Land and Natural Resources Division. By Linda Kawai'ono Delaney Land Officer Background Within the traditional Hawaiian culture, human bones are a metaphor for the shared bond of plaee and family, of mortal strength and sacred power. Hawaiian expressions of kinship and linkage to the land— "na 'oiwi" and "ke kula iwi" — refer directly to "the bones" and to family connections with particular areas as "the bone land." As with all such Hawaiian metaphors, the poetic reference also has literal meaning. Traditional Hawaiian culture cherishes the bones of the dead. Respect and dignity demands careful and proper preparation and disposal of the departed. Historically, religious rituals were complex, and recognized that the soul could be summoned and directed for either beneficial or evil ends by those who possessed and "fed" the bones. These traditional cultural values and religious beliefs eonhnue to shape Hawaiian attitudes and concerns regarding the respectful treatment of burials and human remains. Within the pre-contact society, burials were typically near living areas — in sand dunes, nearby caves, or even within the foundation of a housesite. As a result, archaeological sites and historic properties more frequently contain Hawaiian burials and human remains than not. In addition, natural forces like wave, wind and sand or soil erosions ean expose burials. Excavations assodated with construction ean uncover previously unknown graves. When excavation of a known site or an unavoidable disturbance in a burial area occurs, there is a need for special sensitivity and consultation with the Office of Hawaiian Affairs and affected eommunity groups regarding proper burial treatment. This Attachment discusses the traditional cultural values whieh are involved in such eonsultations, and outlines the areas of greatest sensitivity and potential disagreement between the Hawaiian community and others regarding human remains.

Few, if any, members of our community would ever personally approve of disturbing graves whieh are not threatened by some form of natural destruction. However, such feelings are typically confined to historic period cemeteries — where deceased individuals have known identities and eontinuing family connections of responsibility and emotional commitment. However, pre-contact or early historic period burials are often unmarked, and now unknown to genetic descendents. Without a broader historical sense — an appreciation and respect for the past whieh is not reliant strictly on individual family attachments and obligation — lives and deaths whieh preceded our own personal memory seem remote and literally unrelated to the present. There are clearly instances when the needs of the living are more compelling than leaving burials in plaee. However, current planning laws and permit processes reflect an unquestioning willingness to remove graves without regard for whether there is sufficient cause to do so. Even less regard is statutorially-reflected to acknowledge that the removal of known ancestral graves is deeply painful to Native Hawaiians. There are two sources of this pain. The first is captured by the frequent comment from affected Hawaiian communities that "Hawaiians have no plaee in Hawai'i, they throw us out even after we're dead." Such feelings are intensified by the continuing religious and traditional cultural values associated with ancestral bones. Tradition requires the observance of ho'oponopono before na 'oiwi are

disturbed: an explanation and apology for the disturbance — mihi; a sense of forgiveness for the offending action — hala, and a resolution that the offense will not have future harmful eonsequence — oki. Whether specifically conducted in this manner, the cultural imperative to "bless" and "take care" of the bones is a cultural obligation that, if ignored or left unmet, is believed to have dire spiritual and even mental or physical health consequences. If native Hawaiians do not malama the bones, then the graves — no matter how careful the treatment— are desecrated, and those individuals who still ascribe traditional cultural value to the bones are spiritually vulnerable. Definitions "Human remains" means the physical remains of human bodies, together with any artifacts or other materials interred or associated with them; "Genetic descendent" means any person known or reliably assumed to have a genetic relationship to a deceased person. For example, kuleana were typically awarded to long-time residents of an area — it may be reliably assumed that the descendents of the awardee are genetically related to burials found nearby; "Cultural descendent" means any person who, although not necessarily a direct lineal descendent of a particular deceased person, is associated with a cultural tradition to whieh the human remains of the deceased person has significance. For example, the Office of Hawaiian Affairs represents all native cultural descendents concerned with Hawaiian pre-contact and early historic period burials; "Native Hawaiian community" means a loealized Hawaiian group with a particular geographic and associated traditional cultural associations in eommon with the human remains who may or may not elaim to be genetic descendents; "Reburial" and "reinterment" refers to the replacement of disinterred human remains — whether into the ground, into caves, or surface mortuary structures— as was traditionally used in the area.

Guidelines 1. Human remains should not be disinterred unless it is absolutely necessary to do so. Generally speaking, such a necessity exists only when the remains are in danger of destruction as the result of erosion, inundation, land disturbance, vandalism, or similar conditions. 2. When Native Hawaiian human remains are in danger, they should be disinterred according to the highest standards of ethical behavior, and in consultation with the Office of Hawaiian Affairs. Every effort should be made to identify and locate genetic descendents. If known family members ean be identified, their wishes regarding the treatment of burials shall prevail. 3. Frior to disinterment, formal stipulations regarding publication of grave removal notices in the OHA newspaper "Ka Wai Ola O OHA," blessing of the remains, and security of the grounds shall be determined in consultation with OHA and the Native Hawaiian community. 4. When unknown burials are encountered during construction or other ground-disturbing activities, such activity shall cease. The Office of Hawaiian Affairs shall be notified immediately of the discovery of Native Hawaiian remains. 5. When pre-contact or early historic period burials are involved, disinterment should conform with professional expectations of conduct using the best archaeological methods available. No burials should ever be excavated solely for data recovery purposes. During disinterment, every effort should be made to retain individual integrity, to maintain records of presumed associations among burials, and to remove all such remains before the historic property in whieh they lie is destroyed. 6. The complex of issues regarding the study of Hawaiian remains ar>d of curation are especially

sensitive, and shall be decided on a case by case basis. Although the Office of Hawaiian Affairs recognizes that human remains often have significant scientific value, such study ean be endorsed only when fully reviewed by OHA and the eommunity and found to be justified and of benefit to the Hawaiian community. If the proposed research questions do not meet such standards, then no study should be allowed. Further, all agreements regarding curation conditions shall include a definite and reasonable schedule for approved study and reburial. 7. Disinterred human remains should be reburied in safe locations, in a manner as consistent as possible with the likely wishes of the deceased. Reburial locations and procedures should be selected and developed through consulation with the Office of Hawaiian Affairs, genetic descendents, and Hawaiian community groups, as appropriate. Full consideration should be given to the potential of fee title transfer for reburial sites to OHA as the best assurance that the graves are not disturbed again. 8. All costs associated with disinterment, reburial, and maintenance of reburial areas should be borne by the property owner on whose land the burials were encountered.