WAILUA — Law enforcement officers arrested two protesters Thursday morning for obstructing a contractor hired by the state government to dig a leach field in Kaumuali‘i Park, next to Wailua River, in an area were human skeletons and old Hawaiian
WAILUA — Law enforcement officers arrested two protesters Thursday morning for obstructing a contractor hired by the state government to dig a leach field in Kaumuali‘i Park, next to Wailua River, in an area were human skeletons and old Hawaiian artifacts were reportedly unearthed.
“Again, another septic system/leach field on another Hawaiian graveyard,” said Ka‘iulani Edens, who got arrested along with James Alalem. “What are we, the toilet? We kanakas are the toilet. Our sacred sites are toilets.”
Edens said that in August, the state of Hawai‘i started to dig to create a leach field for a septic system in the area, but her and others were able to shut the work down because of the lack of an Environmental Assessment.
“They came around the back door and called an emergency Burial Council meeting without notifying any of the lineal and cultural descendants or the community at all,” Edens said.
On Monday contractors started conducting “what it’s called cultural testing, except they were digging with a backhoe, which is really not that groovy if you’re looking for a skull,” she said.
Edens said Waldeen Palmeira tried to stop the work Monday. Edens went to the site on Tuesday and advised Milton Ching — from the Kaua‘i branch of the state Department of Land and Natural Resources — that the digging continue with a shovel.
“Sure enough, they found skeletal remains,” Edens said.
Contracted archaeologist Jim Powell, of Scientific Cultural Surveys, also found artifacts associated with ancient Hawaiian burials, she said.
“These guys are all over the place,” Edens said of Powell’s company, which also surveyed Joe Brescia’s property in Naue, on Kaua‘i’s North Shore. “They are dirty and they are everywhere bones are desecrated.”
Title 13, Chapter 300 of the Hawai‘i Administrative Rules states that it is “unlawful for any person to remove from the jurisdiction of the state, any human skeletal remains over 50 years old, or any associated burial goods, without prior written authorization” from DLNR.
Under HAR, a written request to DLNR should include specific reasons for removal; a description of lineal relationship, if any, between the person requesting removal and the remains; and a written consent of any known lineal descendants.
If DLNR grants a request for removal, the written notification becomes the permit required under section 6E-12 of the Hawai‘i Revised Statutes.
DLNR spokeswoman Deborah Ward said DLNR Parks Administrator Dan Quinn was unavailable for comment due to attending a Legislature hearing. She said she would try to get a signature today allowing the release of a fact sheet showing a description of the project and what they are doing to comply with the rules.
The fine for a violation is no more than $10,000, according to HAR. But the rules also state that for purposes of calculating a fine, each part of a human skeleton or associated burial goods constitutes “a distinct and separate offense for which the offender may be punished.”
“They didn’t have a permit on site,” Edens said. “I asked to see their permit, the police asked to see their permit, the DLNR asked to see their permit, there was no permit.”
She said she was told the permit would be emailed to her later.
“You and I know if you’re pouring a slab on your backyard and the building inspector comes and you don’t have a permit you are shut down,” Edens said.
Instead, Edens and Alalem were arrested and the work continued.
“Some of the officers were crying, they didn’t want to arrest us,” she said.
County spokeswoman said Alalem and Edens were arrested by DLNR officers for obstructing with government operations.
“Assisting DLNR with the transport of their arrestees and booking was the extent of our involvement,” said Blane, adding that further details should be obtained from DLNR.
“While they were trying to decide what to do with us, I mentioned that under Geneva Convention Four I’m now a political prisoner and I wanted a military attorney,” she said. “We were released on our own recognizance within 10 minutes. Didn’t even have to post bail.”
Edens said she wanted to reassure that her actions had nothing to do with whether she believes Hawai‘i is a sovereign nation.
“This is a case of government breaking government rules,” she said.
But Edens also said that she has no illusions about what is happening.
“I know the state of Hawai‘i is interested in covering up our bones, so they can erase our past and recreate our future,” she said. “They want their Disneyland, coconut-bra version of us.”
To her, the most heartbreaking moment of Thursday morning was when the arresting officer, a “big Hawaiian” who had been her classmate, started to cry and begged her to not have to arrest her, Edens said.
“I just held his hand and said ‘you are going to do what you need to do, and I’m going to do what I need to do, and we are going to do it together, because we know what’s right and this is part of it,’” she said.
Edens said she feels sorry for the people who are trying to work within the framework of the government. The officers who arrested her were raised as “proud Americans” and would never imagine they would have to arrest their classmate sitting on their grandparents’ graves.
“The real victims in all of this … are not those of us who are standing up and being sovereign saying ‘here’s the truth, you might not like it but it’s the truth,’” Edens said. “It’s those that a long time ago cast their law with the state of Hawai‘i and now they can’t get out. My mother is one of them.”
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@ thegardenisland.com.
