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Mauna Lahilahi as seen from Kaneikapualena, Wai'anae. - Photo: Courtesy of Alika Poe Silva |
Tyranny and
iwi exposed
Ka'ānani'au, protecting family burial
rights
under treaties and international law
By Alika Poe Silva
Aloha nō 'ohana, remember when our kūpuna visualized practice and taught us that the natural earth is attached to the river of stars in the sky and to man and to the divine, and symbolized in a Ka'ānani'au (a religious altar or cultural landscape marker) and conceptualizing a system of property rights and natural resource management.
Historically, Ka'ānani'au was the system of property rights and natural resource management of the agrarian population that we can characterize as worshippers of Kānenuiākea and therefore practitioners and followers of the Kāne religion. (This ancient religious system and its practice has continued without interruption in the Wai'anae Kai and Uka wahipana and/or moku – as well as related sites of Kūkaniloko.)
Culturally, Ka'ānani'au was and still is an expression of a society that managed resources from its ocean fisheries all the way to the top of the mountains – all the springs, forests, gardens and everything provided by heaven, (Kāne). This was one of the most ideal egalitarian natural resource management systems ever created, surviving for centuries. It is not unique among indigenous peoples or nation states but is outstanding in its cultural mix of justice, sharing of resources and a fundamental practice of egalitarianism. In times of need, Ka'ānani'au met the crises of life (storms, drought, famine, epidemics, etc.). And in times of plenty, celebration was symbolized in the Lū'au (management of plenty). Also, the community property could be used to celebrate marriages, births, arrivals of visitors, religious festivals, community and regional events, etc. This was not a tribute economy and politic. Chiefs and Kahuna arose by talent and service to the people, to the Ka'ānani'au system and to its supporting and kind religion, Kanenuiakea.
Linguistically, Ka'ānani'au, like all words in the Hawaiian language, is contextual. To be brief, definition will be given and then a Poe 'Ohana mo'olelo will be told. (Ka'a = rolling time, over generations; Nani = beautiful or glorified; 'au = management. Thus, a literal translation is "management of the beautiful time in the past, present and future.")
King Kamehameha I redistributed temples and property rights of other Kanaka Maoli religious traditions to his own followers. But he returned the Kāne temples and Ka'ānani'au rights after the prophesied disaster in the Ka'ie'ie channel in the battle for Kaua'i (that Kāne's wrath for taking life would come by sea; that human sacrifice at the Kāne temples would bring disastrous consequences). Kamehameha's dream to unite the Sandwich Island Kingdoms into one Hawaiian nation survived by his retreat to Waikīkī and by restoring and supporting the independence of the Kanenuiakea religion and Ka'ānani'au Code; they regained their former prominence and protections in the Wai'anae wahipana and/or moku. These historical facts are not in dispute; they are the legal foundation that was never compromised of the old Ka'ānani'au property rights system by the chiefs or kings all the way until the prolonged U.S. occupation of Hawai'i. Furthermore, this was 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). The lineal descendants' Ka'ānani'au iwi burial property rights were never abrogated by the absolute monarchy or the constitutional monarchy of the Hawaiian Kingdom.
Legally, the standing of the Ka'ānani'au property rights of Hawaiian Nationals for their 'ohana iwi (family burial remains) and kulāiwi (burial sites and places) rests on International Law governing military occupations (that the laws of the occupied state must have precedence over those of the occupier except under situation of disorder –Article 43 of the Hague Convention; also pursuant to U.S. Army Field Manual FM 27-10 and 7) and on the inherited laws of an indigenous people that have never been legally abrogated. The current request to the U.S. Supreme Court to sell so-called ceded lands must consider the Hawaiian National, the Kupuka'aina and the Ka'ānani'au burial property rights. These property rights were never relinquished and are presently being abused by U.S. legislation that ignores their hypocrisy and treaties. Also, we are diligently working on filing a complaint in federal court regarding the desecration by the C&C Parks crew on Oct. 10, 2007, of 20-plus 'ohana burial sites at Mauna Lahilahi (a documented Ka'ānani'au). Prior to that, we did a traditional cultural property study about Kamaile TCPs, which included Mauna Lahilahi and noted in the study (done by Dr. Chris Monahan and myself), funded by OHA and completed in April of '07, six months before the violations at Lahilahi occurred. Since Mauna Lahilahi is a proven Ka'ānani'au and noted in the TCP study, we are hopeful for a positive effect in our complaint. Also there are our war memorials that are being exterminated by the Army, state and city. The U.S. Supreme Court must consider burial rights of the 'ohana and war memorials concerning the so-called ceded lands case. Such places like Lahilahi, Mākua Valley, Nene'u and Līhu'e of Wai'anae are significant and can become critical test cases under occupation, concerning the Ka'ānani'au land use code. 'Ohana, our rights were never transferred, conveyed or abrogated by treaties – and they remain protected under the Ka'ānani'au, Hawaiian Kingdom and international law land use code – Period.
'Ohana, we recognized and embrace your knowledge and expertise. Kōkua (help) us to protect our iwi in court; and support Keanu Sai's leadership to protect our Hawaiian Kingdom independence. Mahalo 'ohana for your input and kōkua on this request for your assistance. Io lako ua mau ke ea o ka 'āina i ka pono!
Respectfully and with aloha, Alika Poe Silva, Kahu Kulāiwi, Koa Mana, Kupukaaina o Wai'anae Wahipana, Hawaiian National
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