Video posted: Army desecration of burials angers Native Hawaiians

Army desecration of burials angers Native Hawaiians from kyle kajihiro on Vimeo.

The Army Stryker brigade expansion in Hawai’i was a 25,000 acre land grab, the largest military buildup since WWII. Many cultural sites were damaged or destroyed by the project despite community protest. Despite warnings that a vast cultural site complex would be harmed by the Army construction, on May 14, 2010, the Army unearthed human remains. Digging continued after the first bone was found. On May 27, 2010, Native Hawaiian cultural practitioners conducted a site visit to survey the desecration site.

Army desecration of burials angers Native Hawaiians

Yesterday, a representatives of Native Hawaiian organizations and other supporters went on a site visit to the area in Lihu’e (Schofield range) where the Army desecrated the burials of at least two individuals, including an adult and a child.  Poi pounders and other cultural implements were also found at the site.

The Army’s propaganda spin machine has sought to make the desecration into “protection” and a cultural access into “consultation”.  The Honolulu Advertiser article at bottom is inaccurate.   It states that “All work was immediately halted.” But this is a false statement.

After the first bone was unearthed, the contract archeologist working for Garcia and Associates (GANDA) ordered the earth moving work to continue for another half-hour until more bones were found, in violation of federal and state laws that require all activity to cease when bones are unearthed.

The desecration of the sites in Lihu’e is happening on a massive scale.  But since these areas are in live fire ranges and off limits to civilians, the destruction is largely invisible to the public. Below is the press release from Native Hawaiians who visited the site and performed ceremony for the ancestors that had been unearthed by the Army.

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May 28, 2010


Hawaiian Community Angered by Desecration of Burials at Schofield Barracks

Lihuʻe, Oʻahu. Representatives from several organizations concerned over the U.S. Armyʻs recent disturbance of ʻiwi kupuna (ancestral remains) visited the site on Schofield Barracks where a cultural complex was disturbed by Stryker-related construction. They were told by Laurie Lucking, cultural resource manager for U.S. Army Garrison-Hawaii, that the area where the ʻiwi kupuna was unearthed would be “closed forever.” But military construction and training continue to destroy many other cultural sites in a large expanse of land sacred to native Hawaiians.

Leimaile Quitevis, former cultural monitor who documented many of the sites in Lihu’e and a member of the Oʻahu Island Burial Council comments on the significance of the cultural site complex. “Hundreds of archaeological site features have been identified in the immediate vicinity of Stryker Brigade construction. In addition, more than 300 surface artifacts were collected by Army representatives. The massive amount of cultural properties located in this area help to paint the picture of the pre-contact land use of Lihue. The significance and importance of this landscape to Kanaka Maoli is limitless. Lihuʻe was once the ruling center of Oʻahu, hosting famous rulers and infamous battles. This history is important when evaluating and assessing the historic properties that have been identified. These sites are not isolated ‘archaeological sites.’ They are features, pieces of a puzzle, and parts of a whole. These sites are part of a complex that laments and praises the history and culture of our ancestors. Several bone fragments have been documented throughout the project area. None of these bones have ever been positively identified by a qualified osteologist. In addition clusters of artifacts are treated as isolated finds rather than actual sites. To date this project has damaged numerous petroglyphs, desecrated a minimum of two individual’s graves and breached the site protective measures of Haleauau Heiau.”

“The Army failed to do adequate cultural site investigations and consultations before drawing up and proceeding with its Stryker brigade plans,” said Summer Mullins a representative from Kipuka, one of the three native Hawaiian groups involved in the 2004 litigation against Stryker expansion. This was the first time that she and many others were given access to the area once recognized as the seat of government for Oʻahu aliʻi. In the past, groups had made several requests for access that were ignored or denied by the Army.

She added, “This desecration was completely avoidable. It was not an ʻinadvertent discovery,’ as the Army claims. They need to be held responsible for their actions. The Army failed to listen to the strong concerns raised by cultural monitors and community members years ago about the cultural importance of the Lihu’e area. Our wahi pana and wahi kapu are not appropriate training areas.”

“When our Kanaka Maoli people say do not disturb an area but their advice is not heeded, this does not constitute ‘proactive dialogue.’ Desecration was predictable. We are faced with the problem that the Army occupies a vast area that physically retains important cultural sites and burial grounds. No matter what, access to these sites must be guaranteed to our kanaka maoli people. It is their traditional right to visit, care for and continue passing on history to the next generation,” said Terri Keko’olani of the American Friends Service Committee.

Representatives were angered by the Armyʻs initial claim that they were protecting the discovery, as their actions painted a completely different picture. “The assertion that ‘all work was immediately halted’ is false. The contract archaeologist for Garcia and Associates (GANDA) ordered digging and grading to continue after the first ʻiwi was found, a violation of Federal and State laws that call for all activity to cease. Earth moving activity stopped only after more bones were exposed,” added Leimaile Quitevis.

According to Tom Lenchanko, spokesperson for lineal descendants of the area, “The families object to any process where our human remains are damaged, with no sensitivity to the lands of our Lo Aliʻi – Lihuʻe, Wahiawa and Helemano encompassing over 35,000 acres that is Kukaniloko. This is our national treasure. Our kupuna are all over that aina, and the military is blatantly disrespecting our ancestral burial sites.”

“This is Hawaiian land, we all know that the US military has no moral or legal authority over our lands or resources,” said Andre Perez of Hui Pu. “Relocating the bones of our ancestors for warfare training is unacceptable. It is the military who needs to relocate.”

Noelani DeVincent, kumu hula and member of the Wahiawa Hawaiian Civic Club was heartbroken to see this sacred place ripped apart, “It was a really emotional experience to see such a huge wrong being done towards our people. It is our kuleana to right this wrong, but how can we trust the Army will take care of this place?”

Leimaile Quitevis added “Our kupuna are calling us to look to the lands of Lihuʻe. We must kukulu kumuhana (pull our strengths) and work together to defend the bones of our ancestors and the rich history of this ʻāina.”

Other participants in the cultural access include Kai Markell and Kamoa Quitevis of the Office of Hawaiian Affairs, William Aila of Hui Malama i Na Kupuna, Melva Aila of Hui Malama o Makua, and Kyle Kajihiro of the American Friends Service Committee.

Photo by Kai Markell at Lihu’e complex, Schofield Barracks. Many significant cultural sites are being destroyed by current Stryker-related construction.

Photo by Kai Markell at Lihuʻe complex, Schofield Barracks. Concerned Native Hawaiianʻs and community members inspect damage to cultural sites caused by Stryker-related construction.

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http://www.honoluluadvertiser.com/article/20100528/NEWS25/5280343/Army+consults+agencies++on+relocation+of+bones

Posted on: Friday, May 28, 2010

Army consults agencies on relocation of bones

Advertiser Staff

Army officials yesterday said they invited representatives from the State Historic Preservation Division, Office of Hawaiian Affairs, O’ahu Burial Council, ‘Ahu Kukaniloko and Hui Malama I Na Kupuna O Hawai’i Nei to visit a Schofield Barracks construction site where human remains were discovered earlier this month.

“Now that the remains have been found, the decision must be made whether the remains should stay where they were found, or whether they should be relocated to a more appropriate site where they would not be disturbed again,” Laurie Lucking, cultural resource manager for U.S. Army Garrison-Hawaii, said in a statement.

Lucking said the remains were found in an Army training area where military vehicles will be operating and performing exercises “and we are seeking recommendations from the representatives on this matter.”

The Army said it will publish a general notice to allow claimants an opportunity to consult with the Army on the final disposition of the remains once a decision is made on whether to move the remains from their location.

An Army-contracted cultural monitor from Garcia and Associates was on site when a single bone fragment was found on May 14 in a mound of earth that had recently been excavated. All work was immediately halted.

Hawai'i State Historic Preservation Division under investigation

Hopefully this investigation will shine a light on the pattern of neglect at the agency responsible for protecting Hawai’i’s precious cultural resources.  The tragedy stretches from the state’s collusion with developers in the desecration of a Hawaiian cemetery in Naue, to the destruction of Hawea Heiau and the desecration of burials at the Walmart and Whole Foods sites.   The state’s failure to protect cultural resources will set a terrible precedent for those families who are fighting to reinter thousands of Hawaiian remains and protect many more from Marine Corps development plans on the Mokapu peninsula.

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Preservation unit under probe

The state agency has drawn fire for failing to protect ancient sites

By Kaylee Noborikawa

POSTED: 01:30 a.m. HST, Aug 06, 2009

The National Park Service is investigating the state Historic Preservation Division, which has been under harsh criticism in recent years for its handling of ancient remains and historic sites, U.S. Rep. Neil Abercrombie said yesterday.

Abercrombie asked the park service to complete the evaluation as swiftly as possible due to its importance to the state’s economy and “the danger that Hawaii’s cultural and historical resources are not being adequately protected.”

“I’m letting them know that I’m aware of it and that I don’t want it to be on the back burner,” he said. “I want it to be completed as fast as possible because everything is in limbo.”

The Historic Preservation Division, which is responsible for preserving historical and cultural resources, has received many complaints about historic sites and ancient remains in recent years, including a recent bulldozing of Hawea heiau. There have been management and staffing problems, and many projects have stalled due to backlogged paperwork, posing problems for developers, archaeologists and the state’s economy, Abercrombie said.

“This problem extends to projects funded through the American Recovery and Reinvestment Act, which were intended to be implemented in an expedient manner in order to help the state and national economy,” Abercrombie said. “It’s very worrisome to me that we could see all kinds of federal dollars held up because we can’t do the basic work of the state Historic Preservation Division. We simply can’t have that.”

Thomas Dye, member and former president of the Society for Hawaiian Archaeology, said he has encountered many problems with the division, part of the Department of Land and Natural Resources, over the past six years.

He said the agency has had problems such as lost reports, high staff turnover and an inability to maintain an inventory of historic sites.

“They used to do a pretty good job of keeping a library of archaeological reports, (but) the last thing I knew, they were missing well over 100 reports, but slightly fewer than 200 reports, from the island of Oahu alone,” said Dye, who met with the National Park Service team that performed the audit.

“They’re very aware of the situation out here. It’s something that’s now spread throughout the historic preservation community,” he said.

In 2007, the Historic Preservation Division was under scrutiny for its management of native Hawaiian burials and the treatment of ancestral bones. As a result of the pressure, then-administrator Melanie Chinen resigned. According to a Star-Bulletin article, former employees and several community organizations criticized her management style, which drove away qualified employees and possibly resulted in 19 employees leaving the division.

Several of those positions are still unfilled, according to Dye, who worked for the division from 1990 to 1996.

Dye believes that the division has no historian or architectural historian on staff, two positions required for the division to be eligible for federal grant money. Historic Preservation Division officials did not return phone calls yesterday, but four positions are listed as vacant on its Web site.

Dye said the agency receives $500,000 in federal funds annually to implement the National Preservation Act, but if it fails to meet federal mandates, those funds will be in jeopardy.

State Sen. Clayton Hee and several members of Livable Hawaii Kai Hui visited the remnants of Hawea heiau yesterday to talk about the investigation and view physical evidence of the Historic Preservation Division’s deficiencies.

Division Administrator Pua Aiu recently has been criticized harshly by community groups over the handling of the bulldozed heiau in Hawaii Kai that was destroyed in June.

Kaleo Pike, a former division archaeologist, remembers what Aiu told her when she brought up Hawea heiau two months ago. “She told me, ‘You saw a pile of stones and you thought that was significant?'”

Hee (D, Kahuku-Kaneohe) announced that he planned to launch an investigation into the division through the Committee on Water, Land, Agriculture, and Hawaiian Affairs. “Several people in the community have asked for a state investigation and the two investigations are colliding into the perfect storm,” Hee said.

Source: http://www.starbulletin.com/news/hawaiinews/20090806_preservation_unit_under_probe.html

New video about Joseph Brescia's desecration of Native Hawaiian burials in Naue, Kaua'i

Check out this video about the desecration of Native Hawaiian burials in Naue, Kaua’i.  This case is so egregious that it would set a terrible precedent for all other burial issues in Hawai’i, including the many burial disputes taking place on military occupied lands such as Mokapu and Waimanalo.

Burial Desecration at Naue from New Pacific Voice on Vimeo.

"Anyone with a sense of humanity can understand our actions."

Another article from the Honolulu Star Bulletin on the charges being dropped against Naue defenders.   Good quotes by Andre Perez.

Charges dropped against burial-site protesters

By Tom Finnegan

POSTED: 01:30 a.m. HST, Jan 16, 2009

LIHUE » Trespassing charges were dismissed yesterday against five of the eight people who chained themselves together in August to protest the building of a home on top of an ancient Hawaiian graveyard.

After lengthy discussions, prosecutors and defense attorneys agreed that the six men had no choice but to block construction “due to the failure of the administrative process,” according to court papers.

The five men – Palikapu Dedman, Andre Perez, James Huiff, Andrew Cabebe and Hanalei Fergerstrom – were part of a group that blocked construction of a North Shore home in August after trying to get the homeowner to stop building the home atop at least 30 graves.

But another Kauai judge decided in September that the state Historic Preservation Division did not follow its procedures when granting homeowner Joseph Brescia his burial treatment plan in 2007.

Because the administrative process failed and the men were acting to “prevent an imminent harm to the iwi kupuna at the property,” the protesters “acted reasonably to prevent further harm by peacefully placing themselves between construction and” the bones, according to a stipulation of facts agreed upon by defense attorneys and prosecutors.

District Judge Trudy Senda warned, however, that this case was not precedent-setting because it was only confined to their actions on that August day.

However, after the dismissal, the protesters said they will do it again if Brescia continues building.

“Everyone knows building a house on 40 burials is just wrong,” Perez said. “Anyone with a sense of humanity can understand our actions.”

A new burial treatment plan has yet to be completed for the home since one was rejected in November by the Kauai Burial Council.

LIHUE » Trespassing charges were dismissed yesterday against five of the eight people who chained themselves together in August to protest the building of a home on top of an ancient Hawaiian graveyard.

After lengthy discussions, prosecutors and defense attorneys agreed that the six men had no choice but to block construction “due to the failure of the administrative process,” according to court papers.

The five men – Palikapu Dedman, Andre Perez, James Huiff, Andrew Cabebe and Hanalei Fergerstrom – were part of a group that blocked construction of a North Shore home in August after trying to get the homeowner to stop building the home atop at least 30 graves.

But another Kauai judge decided in September that the state Historic Preservation Division did not follow its procedures when granting homeowner Joseph Brescia his burial treatment plan in 2007.

Because the administrative process failed and the men were acting to “prevent an imminent harm to the iwi kupuna at the property,” the protesters “acted reasonably to prevent further harm by peacefully placing themselves between construction and” the bones, according to a stipulation of facts agreed upon by defense attorneys and prosecutors.

District Judge Trudy Senda warned, however, that this case was not precedent-setting because it was only confined to their actions on that August day.

However, after the dismissal, the protesters said they will do it again if Brescia continues building.

“Everyone knows building a house on 40 burials is just wrong,” Perez said. “Anyone with a sense of humanity can understand our actions.”

A new burial treatment plan has yet to be completed for the home since one was rejected in November by the Kauai Burial Council.

Source: http://www.starbulletin.com/news/20090116_Charges_dropped_against_burial-site_protesters.html

A Win for Defenders Iwi Kupuna at Naue!

Today all charges were dismissed against Kanaka Maoli defenders of the iwi kupuna at Naue, Kaua’i.   It was a big win for the movement to protect ancestral burials from desecration.  The activists locked themselves together to block construction of a luxury home on top of a Hawaiian cemetary.  The case highlights the destructive and predatory settler invasion of once remote and pristine Hawaiian areas, the criminal negligence and complicity of the state agencies charged with protecting cultural resources, and the need for more of this kind of direct action civil resistance to uphold human rights law.   Joan Conrow’s blog had the following excellent recap of the court events.

Thursday, January 15, 2009

Musings: Kanaka vs Babylon

I passed through blowing mist and then a full-on squall on my way to the Lihue courthouse this morning, but when I saw a bright rainbow shining over Babylon, I figured things were going to be alright.

And they were. District Court Judge Trudy Senda dismissed trespassing charges against four of the guys arrested following an attempt last Aug. 7 to stop Joe Brescia from building his house atop burials at Naue. Charges also will be dropped against the other two who were arrested. It’s unclear what’s going to happen to the two men who have not yet been served with warrants.

Trial on the case was set for next Thursday, but attorneys Peter Morimoto and Dexter Kaiama were in court this morning defending motions to have the charges dismissed on constitutional grounds and insufficient evidence.

In the end, deputy prosecutor Justin Kollar, who was obviously anxious to avoid a trial, joined Peter and Dexter in stipulating to some rather dramatic findings of fact and conclusions of law that Judge Trudy deemed were “reasonable and appropriate” to grant the motions to dismiss.

The findings of fact stated that the defendants had pursued all the administrative remedies available to them to malama iwi kupuna – take care of ancient burials – on the property, but the administrative process had failed them. It states:

As a result of the failure of the administrative process, Defendants, believing that further desecrations were imminent, were compelled to occupy the property on August 7, 2008 to malama iwi kupuna.

The conclusions of law were based on the “choice of evils defense” established by State v. Marley, which held that defendants are justified in violating the law so long as there is no alternative available that does not involve violating the law, the harm to be prevented is imminent and the defendant’s actions are reasonably designed to actually prevent the greater harm. It states:

In this case, defendants (1) did not have any alternatives available on August 7, 2008 due to the failure of the administrative process, as subsequently recognized by the 5th Circuit Court, (2) were acting to prevent imminent harm to the iwi kupuna at the property and (3) acted reasonably to prevent further harm by peacefully placing themselves between construction and iwi kupuna.

“My main thing is that we are decriminalized,” said defendant Andre Perez of Oahu. “We walk away from this thing with dignity. We know who the real criminals were that day.”

The prosecutor’s office earlier had offered to reduce the charges to second-degree trespassing, but the defendants balked. “I’m not going to agree to something like that because I’m not guilty,” said Andrew Cabebe of Kauai. “I know in my heart I’m right.”

Still, Judge Trudy made it clear that she wasn’t giving the guys carte blanche to occupy the property, noting that “this isn’t a precedent-setting ruling in this case. These stipulations are limited to the allegations of Aug. 7 only.”

The Naue defendants weren’t the only kanaka smiling in Babylon today. I also ran into attorney Dan Hempey, who had just gotten charges dismissed against Titus Kinimaka, who had been cited for running a surf school without a county license. But as Dan pointed out to the judge, the county ordinance stated that only those without licenses could offer commercial services in county parks. “I’m going to have to take it literally,” Judge Trudy said in dismissing the charges.

I imagine that bit in the ordinance will be revised – eventually. How long do you suppose it takes the county to get around to fixing stuff like that? And do they employ proofreaders? In the meantime, Titus can keep on teaching, and as Dan noted, surfing is about as Native Hawaiian as you can get.

Dayne Aipoalani, leader of the Kingdom of Atooi, was also in court today and had charges dropped against him, although I’m not sure what the alleged offense was. Like others who challenge the Western system, he ends up spending a lot of time in court extricating himself from it. He’s still facing trial for charges stemming from the Aug. 26, 2007 protest over the Hawaii Superferry.

Interesting, that of all the people arrested, only Dayne and Robert Pa, two kanaka, are still being prosecuted. Everybody else got off. Should be interesting to see what Hempey has up his sleeve when he takes that case to trial as Dayne’s court-appointed attorney.

Posted by Joan at 8:16 PM 0 comments

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