The state Office of Hawaiian Affairs is questioning the age of human burials — to date, more than 600 sets of remains — removed by Kawaiaha‘o Church in preparation for building a $17.5 million multipurpose center.
The state agency advocating for Native Hawaiians sent a letter this week to the state Department of Land and Natural Resources requesting detailed information about the burials to show whether they are all Christian burials, as the church contends, or whether some predate the church and should be protected by Hawaii’s historic burial law.
Kawaiaha‘o was established in 1842 to become Hawaii’s first church, and it has been allowed to disinter an unlimited number of human remains, or iwi kupuna, under an exemption to the burial law that gives special protections to traditional Hawaiian burials.
The exemption applies to known and actively maintained cemeteries, and was approved by DLNR and upheld by a Circuit Court judge.
But OHA questions whether the church is digging up burials that predate Kawaiaha‘o’s existence, especially given the “exceedingly large” number of remains, which includes 605 burials and thousands of individual bones as of Sept. 9.
“Since the historical record indicates that the area contained burial sites prior to the establishment of Kawaiaha‘o Church, questions of this nature are warranted,” OHA said in its letter dated Sept. 17.
OHA is asking DLNR to obtain details about the burials such as their depth, position, orientation, whether they are in a coffin and whether artifacts are present. Other details that could help date burials such as the presence of remains of animals, plants and refuse in proximity to burials are also being sought.
Kawaiaha‘o is required to notify DLNR’s State Historic Preservation Division of burial findings weekly, but the reports typically state only when and how many burials were removed.
For instance, the full extent of the report by church contractor Cultural Surveys Hawaii for Sept. 3 was, “Burials recovered included #s 601 and 602. No burials were taken to the church. No isolated iwi (disarticulated human bones and/or bone fragments in a previously disturbed context) were encountered.”
DLNR did not respond to a request to comment on OHA’s letter Friday.
William Haole, chairman of Kawaiaha‘o Church’s board of trustees, said in a written statement that the church would like to first hear from, and respond to, DLNR before responding to other parties.
“Kawaiaha‘o Church, through its certified archaeological contractor, is following the terms of the disinterment permit for the project by providing detailed reports of the archaeological findings from the excavation process to the State Historic Preservation Division,” he said. “Kawaiaha‘o Church is a Christian cemetery and any discoveries to date have been consistent with that designation.”
The church, through a spokesman, said that if archaeologists discovered anything that showed a burial predates the church, then that information would be included in the archeological reports. To date, none of the reports have indicated such.
The church plans to reinter remains elsewhere on its grounds, and said remains are being cared for respectfully.
Traditional Hawaiian cultural beliefs hold that ancestors’ remains are to be protected from disturbance. Under state burial law, county burial councils give lineal and cultural descendents of historic iwi a say in whether burials should be relocated or left undisturbed.
If some burials at Kawaiaha‘o were deemed subject to such protection, the Oahu Island Burial Council would help make that decision. Presently, an opinion from the state Office of the Attorney General says OIBC may play no role in the issue at Kawaiaha‘o.
Last year, OIBC members expressed frustration at a March meeting over being cut out of decision-making for Kawaiaha‘o burials. The council remains a forum to discuss Kawaiaha‘o issues, but the church typically doesn’t attend council meetings to answer questions or share information.
Kawaiaha‘o officials decline to publicly disclose even the number of burials removed. DLNR inhibits public access to the weekly Cultural Surveys reports by insisting that a Uniform Information Practices Act request be filed for such reports. DLNR also doesn’t always provide the reports in a timely manner after such requests are made.
Earlier this year, OHA informed OIBC that based on historical accounts of burial caves, there is a “high probability” that an ancient underground burial cave may extend under Kawaiaha‘o grounds and the area of the multipurpose center.
OHA suggested in its letter to DLNR that the church and Cultural Surveys could provide a detailed briefing to OIBC.
John Likeke Scheuer, OIBC vice chairman and an OHA director from 2004 to 2010, said he supports OHA’s request. “The lack of information-sharing drives further distrust,” he said. “Either the burials are ancient and not part of the cemetery, or they are (part of the cemetery). If they’re ancient, according to the law, the jurisdiction should come under the Oahu Island Burial Council.”
OHA declined to comment on its position beyond what it said in the letter signed by its CEO, Kamana‘opono Crabbe.
In the letter, OHA said it was acting on behalf of beneficiaries and cultural descendants.
“Understandably, OHA beneficiaries are interested in gaining access to the necessary facts to evaluate whether any of the excavated individuals predate the establishment of the Kawaiaha‘o Church cemetery,” the letter said.
OHA has had a continuing and at times contentious role in the church’s construction project.
Initially, OHA was supportive of the project and donated $1 million in 2007 to help build the multipurpose center. After burials were discovered, OHA played a role trying to resolve conflict between the church and opponents of disinterment.
But earlier this year, OHA sent the church a letter expressing “despair and disappointment” over Kawaiaha‘o’s decision to proceed with disinterment. OHA also raised questions as to whether the church properly spent its grant, and disagrees with the court ruling and state decisions exempting the church from state burial law protections.
