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The coat of arms of the King of Hawai'i, as seen on the gates of 'Iolani Palace. - Photo: Blaine Fergerstrom |
Tyranny and iwi exposed
What's in 'Ōhikilolo-Mākua and what
is
a Ka'ānani'au and why does it matter?
By Alika Poe Silva
Kahu Kulaiwi, Koa Mana,
Kupukaaina o Wai'anae Wahipana,
O'ahu, Hawaiian National
Aloha nō 'ohana, remember when our kūpuna visualized practice and taught us that the natural earth is attached to the sky and to man and to the divine. First, remember 'ohana the central concepts of the Kāne religion: that life is sacred to Kāne, and these values are perpetuated in connections to the land, to the divine and to each generation. The Kāne tradition was built on community and the sharing of natural resources. This value of sharing was symbolized by a Ka'ānani'au, championed by the “O'ahu people.” Ka'ānani'au is literally an altar marking the natural resources and land division connecting it back to the piko of O'ahu, Kūkaniloko. There are 360 Ka'ānani'au around the piko of Kūkaniloko, which is not only the center of O'ahu and the Hawaiian Islands but also the center of the world, the axis mundi – the connection to the divine is Mana (spiritual power)! The Ka'ānani'au (natural resource marker) of Mākua, 'Ōhikilolo and Kea'au connects the mana of Kāne and the gifts of the land and to the values of po no kaulike (righteousness and justice for all), 'āina (land), aloha 'āina (love for the land and each other), mālama (sharing), lōkahi (harmony and community). “Ka Wai 'Apo Lani” by Queen Lili'uokalani affirms the Kāne religion and all these principles.
Second, remember 'ohana that the Ka'ānani'au system of land use is based on community sharing of the natural resources. This was a collective right of the kupuka'aina (the original people), the Kane community, which is about aloha (love). Physically, the Ka'ānani'au system of land use centers on the local stream and all the group resources: water, ocean fishing, the fishpond, timber and the community taro, banana and sweet potato patches – and any other community resources.
The waters flowed from heaven and landed on the mountains and flowed down to the land into the lo'i (taro patches), into the Kahaloko (fishponds) and finally into the sea. The Kahaloko was used by the Kāne community to collect the seasonal, migrating fish to be shared by all in times of need. Near the entrance of the fishpond would be a Ka'ānani'au, marking it as a community property. Also in the forest were Ka'ānani'au, marking those resources as connected to the Kāne people. And at Kūkaniloko there still remains a rock map of all the Ka'ānani'au connected to the piko, the center of the Kanaka Maoli civilization. Finally, the Ka'ānani'au system of land use dealt with another type of community property. That was the property rights of the 'ohana (families) for the collective ownership of their burial sites, iwi 'ohana (family remains) and the collective property of the heiau. (These rights are also protected under Article 56 of The Hague Convention, monuments, works of art and science.) While the Ka'ānani'au system of land use is different from the Ahupua'a system, we understand that the collective 'ohana ownership of burial sites and the Kāne heiau remained uncompromised by Hawaiian Kingdom law nor by territorial, state or federal law. (To be explained in the next section.)
Thus, early property rights developed, and then protected community property rights of certain shared natural resources as community property. Ka'ānani'au preceded the notions of the ruler holding the property for the community in the concept of Ahupua'a. As correctly stated by S.M. Kamakau, “The rule of kings and chiefs and their land agents might change, but the burial rights of families survived on their lands.” [Ruling Chiefs of Hawaii, p. 376]
Third, remember 'ohana that the later Ahupua'a system of property ownership compromised the earlier Ka'ānani'au system of community ownership of natural resources and land divisions. It allowed the kings and chiefs to claim the resources of the streams and fishponds, the mountains with their valuable forests, and even the people's heiau and ahu (temples and altars).
King Kamehameha I redistributed temples of other Kanaka Maoli religious traditions to his own followers. But he returned the Kāne temples and religious rights after the disaster in the Ka'ie'ie Channel in the battle for Kaua'i. But the thing that was never compromised of the old Ka'ānani'au property rights system by the kings and chiefs was the ownership of the family burial sites and places. The iwi 'ohana burial property rights were never abrogated by the absolute monarchy or the constitutional monarchy of the Hawaiian Kingdom.
The current request to the U.S. Supreme Court to sell ceded lands must consider the Hawaiian National, Kupuka'aina and Ka'ānani'au property rights of the 'ohana burial sites. These property rights were never relinquished (or taken away by any legal act or legislation or treaty). Also, on Kaua'i and Maui 'ohana have been charged with trespassing concerning when they were resisting iwi desecration and abuse of 'ohana burial sites. Since Ka'ānani'au property rights were never abrogated, 'ohana cannot be justly convicted of trespassing. The real question is “show us your contract of ownership of our burial sites.” Ownership of 'ohana burial sites have never been transferred, conveyed or abrogated by treaties. Period.
Remember 'ohana, always keep your spirit of Aloha in your course of good work, the ancestors and world have long prayed and waited for you to come! Kōkua and say a prayer for assistance in these matters, and “yes we can” and yes we must for the keiki (children) yet to come, ua mau ke ea o ka 'āina i ka pono!
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