Ka Wai Ola - Office of Hawaiian Affairs, Volume 3, Number 6, 1 Iune 1986 — Right to Sue [ARTICLE+ILLUSTRATION]

Right to Sue

By Moanikeala Akaka Trustee, Hawaii

As this was written, Bill 2468 was sitting on Governor George R. Ariyoshi's desk waiting to be signed into law. This bill having passed through the House and Senate (perilously in the House), relates to us Hawaiians having the right to sue to protect our two Hawaiian trusts. The Department of Hawaiian Home

Lands and our ceded land trusts belong to you, our constituents. The office of Hawaiian Affairs is supposed to be getting 20 percent of the resources but, in many instances that is not happening, This "Right to Sue" bill gives you, our beneficiaries the right to sue if your trust assets are being mismanaged or exploited. One of the most basic of civil rights, we native Hawaiians are now denied due process: the right to sue to protect DHHL and our ceded land trust. This is an indication of our treatment as second-class citizens in this land of our roots. In the past at Hilo Airport (Labor Day '78), Makua Beach several years ago, Sand Island, Waimanalo and Makapu'u Beaches last year, Hawaiians were arrested, harassed and beaten at Waimanalo for being on our own trust land. The "Right to Sue" bill is an alternative to these acts of civil disobedience risking life, limb and property. These incidents occurred because we have had no other recourse through the years when our native rights have been abused and transgressed upon. We natives should not have to be humiliated nor risk our lives as wcis the case at Hilo Airport runway for the justice our f>eople rightfully deserve. Because of the Hilo Airport incident, one-half million dollars a year has been going to DHHL. Also, because of that situation and Judge Shunichi Kimura's wisdom, Gov. Ariyoshi was forced to give back to DHHL 28,000 acres of land that past governors since the 1930's had "scooped up" illegally. There was mueh pilikia getting this bill through the House these past three years, though it had no problems in the Senate. Representatives Calvin Say, Peter Apo and Kinau Kamali'i at times this past session pushed to deny our people the right to sue not only DHHL, but OHA, and the State as well. In a democracy, everyone should be accountable for their actions. As a trustee, I have fiduciary responsibility to protect our trusts for you and your kamali'i. 1 must do all within my power as shouId my fellow trustees to protect these trusts; it is our duty.

This trustee asks that you, your ohana and friends eall or write Gov. Ariyoshi's office and leave a message with aide Joseph Lapilio urging the Governor to sign this most important civil rights legislation for the Hawaiian people thus far. Gov. Ariyoshi should remember these last days as governor, that the Hawaiian people have been good to him. In signing this bill, he would leave a legacy of democracy and aloha to the people of Aloha; you deserve no less. Ask all those who care about justice to kokua. Malama pono. Ua mau ke ea o ka aina i ka pono!