Native group sues
to halt Wal-Mart
construction workIt wants to prevent more human
remains from being unearthed
A native Hawaiian group has sued to block construction at the Wal-Mart site on Keeaumoku Street, hoping to prevent the unearthing of additional Hawaiian remains.
Hui Malama I Na Kupuna O Hawaii Nei, which cares for native Hawaiian remains and protects burial sites under state law, is seeking an injunction in Circuit Court, alleging the threat of desecration and destruction of the remains.
The group said that besides the 25 sets of bones unearthed in January, human remains still are believed to be on the site and could be disturbed by Wal-Mart's continued work. Wal-Mart officials would not comment on the complaint yesterday because they had not seen it.
"We've been working very closely with the state Historic Preservation Division, and we continue to be committed to ensuring that the remains are treated with the utmost care and respect," said Wal-Mart spokeswoman Cynthia Lin.
State officials were not available for comment.
After a visit to the site May 20, Hui Malama said it was outraged to find the bones were covered by plywood boards with garbage covering the area and portable toilets nearby. The group said a sewer pipe also leaked into the burial site, which should have been protected by a buffer zone.
Wal-Mart immediately took care of the problems to the satisfaction of Hui Malama, said Edward Ayau, a Hui Malama spokesman, on May 22.
The suit filed yesterday alleges that actions by the state Historic Preservation Division, the Department of Land & Natural Resources and their directors allowed Wal-Mart to remove the remains so the discovery would not interrupt construction. Hui Malama contends the state failed to require Wal-Mart to conduct a complete archaeological survey, which would have revealed the burial site before work began.
That allowed the remains to be classified as an "inadvertent discovery," thereby giving DLNR jurisdiction over the remains rather than the Oahu Island Burial Council, the suit alleges. This gives DLNR authority to determine whether to preserve the remains in place or to relocate them, it said.
Acting Historic Preservation Division Administrator Holly McEldowney said last week that the agency did not require drilling for the archaeological survey because of the low probability of finding remains.
The suit also alleges Wal-Mart failed to stop work near the burial site. Lin said work in the immediate area ceased but continued elsewhere.