Ka Wai Ola - Office of Hawaiian Affairs, Volume 6, Number 3, 1 March 1989 — Ask Legislature For Commission [ARTICLE]

Ask Legislature For Commission

OHA , Malama I Na Kupuna Join Forces on Burials

The Office of Hawaiian Affairs anel Malama I Na Kupuna O Hawai'i Nei have joined forces and are asking the state legislature to create a Native Hawaiian Burials Treatment Commission. In joint testimony before the Senate Ways and Means Committee February 24, the groups proposed a number of amendments to Senate Bill 1787, a measure designed to prohibit disturbance of burial sites that are found to be of major significance. As noted in the findings section of this bill, "native Hawaiian traditional prehistoric and unmarked burials are especially vulnerable and often not afforded the equal protection of law whieh assure dignity and freedom from unnecessary disturbance." The testimony pointed out that there are "unique concerns surrounding the treatment and protection of Native Hawaiian burials whieh must be addressed in a fundamentally different way from other graves." The coalition of organizations is asking for an appropriation of $100,000 to fund a Native Hawaiian Burials Treatment Commission whieh would be administratively attached to the Office of Hawaiian Affairs. This structure is consistent with existing state law naming OHA as the principal public agency responsible for the performance, development and coordination of programs and activities relating to Hawaiians (except for homestead programs). The commission would consist of seven members, appointed by the OHA Chair, with assured representation from Malama I Na Kupuna, the kupuna generation, genealogical and benevolent Hawaiians organizations, and an anthropologist. Under the proposed amendments, the Department of Health would retain regulatory authority for modem burials (those within the past 50 years) and the State Historic Preservation Office would assume responsibility for burials where death occurred between 50 and 150 years ago. Ancient Hawaiian burials, those in whieh death took plaee more than 150 years ago, would fall under the jurisdiction of the Native Hawaiian Burials Treatment Commission. The proposal also strengthens the State Historic Preservation Office (SHPO) by making it a separate division and would establish a state ad-

visory commission on burials under the state Department of Land and Natural Resources. The commission would be responsible for significant burial sites of all ethnic groups. In addition, the bill provides funding for the acquisition of the Honokahua burial site at Kapalua, Maui. OHA and other groups testified in support of beefing up SHPO and the creation of a state advisory commission on burials. With regard to the Honokahua site, the coalition recommended "the appropriation of monies necessary to arrange for the acquisition of the site,

the payment of appropriate archaeological work and the payment of expenses for the respectful reinterment of the burials on the site." The coalition testimony stated that the amendments were designed "both to elicit the required cooperation among elements of the Hawaiian community. . ,and to provide the eoncerned Hawaiian community with a reasonable and dignified answer to the plea for honorable treatment of our kupuna remains." The testimony concluded by stating that these goals would benefit "the entire community and all of the people of the State of Hawai'i."