Ka Wai Ola - Office of Hawaiian Affairs, Volume 6, Number 9, 1 September 1989 — Hawaiians ask Inouye for 'simple justice' [ARTICLE+ILLUSTRATION]

Hawaiians ask Inouye for 'simple justice'

By Ann L. Moorc Assistant Editor, Ka Wai Ola O OHA Senator Daniel K. Inouye, at the start of eaeh day, addressed the people who eame to the hearings before members of the Senate Select Committee on Indian Affairs and the House of Representatives committee on Interior and Insular Affairs, Aug. 7-11. On O'ahu, Kaua'i, Moloka'i, Maui and Hawai'i, the senator addressed the crowds whieh filled the assembly rooms. His words were heard outside over television monitors set up outside the main hearing rooms. lnouye noted the continuing trust responsibility of the United States government, both federal and state, to the Hawaiian people. He told the audienee the hearings were being held to insure the promises made to the Hawaiian people are being carried out under the highest fiduciary standards. In establishing the terms of the Hawaiian Homes commission Act, he said, it is obvious Congress intended to have a continuing role. Concerning the Homestead Association's and beneficiaries' role in setting up parts of the hearings, Inouye said, "It is highly unusual to turn over any part of Congressional hearings to a nonfederal entity." Equally unusual, he said, was the length of the daily hearings. Normally, senate eommittees hearings run from nine to five, he said. On O'ahu 11 hours were scheduled, and 10-hour hearings were set for the other islands. Inouye explained the hearings were originally announced for earlier in the year. He said dates were adjusted then adjusted again. For examp!e the hearings were set for July until the senate staff leamed the dates would conflict with the governor's planning hearings. "So we adjusted (to August) again," he said, and some people, critical of the hearings, have focused on the changes. "There is no hidden agenda here," he said "the changes were made to accommodate what native Hawaiians wanted." Concerning sovereignty issues he said the hearings were not the forum but he would not stop anyone from talking about it. "There will be other days and times for a discussion of sovereignty." He said there are many forms of sovereignty yet to be examined. "I will be back" he said, and a series of sovereignty seminars would be held. From the options presented people could "draw from the best." Of the August hearings he said, "This is a Hawaiian Home Lands hearing." continued on page 3

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A procession of homestead association members give their ho'okupu of respect to the committee at the state capitol auditorium.

Hawaiians eall for homestead reforms

from page 1 Inouye said there were rumors that hearings were to be just a show. "In 30 years I've been in Congress I haven't conducted hearings just to waste my time. Hearings I've conducted have resulted in legislation. This will be one of them." Present on the dias for the O'ahu hearing in the Capitol auditorium, were Senator Inouye, U.S. Representative Daniel Akaka, U.S. Delegate to Congress from Guam Ben Blaz, and U.S. Delegate to Congress from Guam Eni Faleomavaega. Governor of the State of Hawai'i John Waihee was the first speaker. In his remarks he noted that his father's name was on the Hawaiian Home Lands waiting list. "He died waiting." Waihee said. "I look forward to the time there are no more lists." The first state experts heard from were from the Department of Education. Deputy superintendent Kengo Takata said the 10-year Hawaiian studies program, budgeted at $2.5 million yearly, had 3,000 schoolrooms serving 93,500 students in grades K through six. The Language Immersion Frogram, budgeted at $225,000 per year, is a limited three-year program for grades K to three. Takata asked for federal assistance and support targeted for Hawaiian students. Alohalani Kama, a teacher, said the language immersion program suffers from laek of materials and textbooks in Hawaiian. "We need a full time translator," she said. Parents bring children from all over O'ahu for the language immersion some making the three hour round trip from Pearl City. Four sites fo rthe program are ready for this autumn, she said. Twostudent made short presentations to the committee in the Hawaiian language, telling of their day. Kawehi Tom, age 6, and Puakahiki Kau'i'wehelaniikapomahinala'ila'ila'i Kaina, age 7. Violet K. Hughes of the DOE Kupuna program spoke of the importance of having kupuna teach the Hawaiian ways. "In the old days, not all the trees wre cut, the water was not polluted. The kapu system allowed a rst cycle, renewal." She left a flower lei on the witness podium as a symbol, noting the flowers and colors were different but it all went together to make something beautiful. With Takata back at the microphone, Inouye asked what was being done to educate Hawaiians and non-Hawaiians in Hawaiian history. "Are you satisfied with the level, superintendent? he asked. Takata said an in-depth program in Hawaiian history is planned for teachers. Faleomavaega asked whther the DOE still groups children into classes according to perception of their intellegence. He said he feels that program is discriminatory. "It disturbs me," he said, "a student may not be book-smart but may be mechanically brilliant." He said tags gained in school stay with a person a lifetime. Takata said the testing, grouping and classification of students is still used nationwide. Takata said there's a gradual shift in emphasis with more money new going into lower grade levels to prevent problems rather than to upper levels trying to solve them. Inouye said a teacher had drawn his attention to a problem conceming the hearing of Hawaiian children. Using his contacts, he was instrumental in having a survey done whieh documented that about 70 percent of Hawaiians suffer from hearing loss. "Teachers who are untrained (in dealing with hearing problems) think those students are lazy or dumb," he said. Inouye told Takata he had Gallaudet College start a program in Hawai'i. (Gallaudet is the only fuly accredited university offering full academic degrees to the deaf and hearing impaired) "Are we urging teachers to go to the Gallaudet classes?" Inouye asked. Takata said the program "is not as sweeping as you have in mind." President Albert Simone of the University of Hawai'i, told the committee Hawaiians represent oniy nine percent of the enrolled students. Few Hawaiians transfer from community colleges to the university and those that do take longer to finish the course. "But of those brought in, 90 percent graduate," Simone said. More needs to be

done for Hawaiians at higher education levels although there are tuition waivers and a state-wide retention program. More teachers need to be trained for language immersion program, more materials must be developed, he said. "About four years ago we started from scratch," Simone said. He said further plannings being done and a coordinated effort is underway. On health issues Winona Ellis Rubin, director of the state Dept. of Human Services, said living conditions on Hawaiian Home Lands are bad and many need welfare to survive. She said homesteads need home care for elders and children, help for neglected children an adults, and pre- and post-education services. Federally funded programs, she said, ean make a difference. John Lewin, M.D., head of the state Department of Health, said a sophisticated Hawaiian culture disappeared with the arrival of western in- • fluences. Overall Hawai'i has the nation's best health profile while the Hwaiian people have the nation's worst health statistics. However, Hawaii is the first state to guarantee Hawaiians access to health insurance. Under the Native Hawaiian Health Care Act of 1988. Many reched by this gapgroup insurance will be Hawaiians, Lewin said. He said a new effort to set up health standards that conform to the Hawaiian culture is underway using input from native Hawaiian leaders, healers and traditional medicine practitioners. Many programs are in the works and the Department of Health has 800 employees helping in a "Barefoot Doctor" effort ot prepare for the introduction of the programs into the Hawaiian communities. National health care benefits should be justly and equitably extended to Hawaiians, Lewin said. State Senator Miehael Crozier said he hoped changes by the state in the Hawaiian Homes Act could be made in future without approval by Congress. Inouye said, "Hawaiians could walk into a trap there," and warned that if Congressional oversight was abandoned the federal government could say it no longer had any trust responsibility towards Hawaiians. "The last thing I'll do is have the U.S. abandon its trust responsibility." Rep. Akaka agreed. He mentioned the backlog of 52 homestead-related items that had been waiting Congress' approval and noted that all 452 passed and the backlog situation shouldn't occur again. The afternoon sessions opened with the Department of Hawaiian Home Lands presenting maps and charts on leases and applications. Chairman of the Hawaiian Homes Commission Ilima Pi'ianaia spole about the acceleration program for lot selection, whieh was a recommendation of the Joint Federal-State Task Force on Hawaiian Home Lands. She said just over 2,500

lots were awarded but of those 2,100 lacked improvement. This step spurred a flurry of new homestead applications, and now there are over 19,000 applications on file. she said ineome from ceded lands, received by the commission in previous years, was eaten up by operational and administrative costs. Only recently has the state begun to appropriate money to offset operating costs and that should free up the lease ineome, she said. On exchanges of land she said the Act calls for swaps of equal value. "Basically, we are pleased with the exchanges," she said. She said Home Lands problems occur for many reasons, one being the cost of construction of offlot improvements. Pi'ianaia said the commission has to compete with the general market in cost for construction. Asked about giving preference to Hawaiian firms and labor providers she said the commission is bound by the state's laws on eontracts. Asked by Inouye if she would like that law changed, she said she would. Pi'ianaia said she foresees no decrease in applicants who meet the 50 percent blood quantum. "Hawaiians are marrying Hawaiians," she said. There is enough land for the waiting applicants, she confirmed, and if given sufficient money for needed infrastructure there should eome a time when all applicants would be satisfied and there would be no DHHL. Faleomavaega said a 50 percent blood quantum requirement is "crazy" and discriminatory. "It's like breeding horses." He said there should be no disassociation of native Hawaiians from Hawaiians of below 50 percent blood. Applications for land on the big Island have increased, Pi'ianaia said, because Hawaiians see future growth and job availability on Hawai'i. Former Hawaiian Homes Commission Chairman, Billie Beamer spoke at length about the problems of people who received lot awards and are still waiting for infrastructure to service the lands. She said the wait, under present conditions, could be as long as the year 2000 and beyond. Because of time constraints, Inouye advised Beamer he had to limit her time to speak. Inouye ' emphasized to the audience that all written and spoken testimony would go into the record. Inouye mentioned, on every island, that people ean submit testimony through Sept. 15 to be included in the record. He noted the words do not have to be fancy and urgd people to write from their hearts and not worry about being "correct." Hawai'i, he said, has an oral culture, not a writing tradition. continued on page 16

llima Pi'ianaia, director of the Hawaiian Homes Commission.

O'ahu hearing /rom page 3 Testimony may be submitted until Sept. 15. lt should be sent ot Senator lnouye's office, Room 7325, Prince Kuhio Federal Building, Honolulu, Hawaii, 96850, or to his office, 722 Hart Senate Office Building, Washington, D.C., 20510. Violet Pohakuku'i'ai Lui, an attorney who worked for native Americans and the Navajo Department of Justice, said the conflict of interest is profound when the future of native Hawaiians is left in the hands of the state. She said people think an Indian reservation is a handout. It is really a "reservation of interest" or land on whieh the poeple ean reserve to themselves its use and preservation. Native peoples, she said, should beware of dependency on state law and act to obtain federal laws to protect their interests. Harold Levy, a Pahe'ehe'e ridge homestead, farmer who holds a degree in agriculture, poured o'ut a box of rocks and told the committee it was typical of the land on his farm. "You can't plant seeds in rocks," he said. Something is wrong with the system, he said. He said people say Hawaiians can't farm, but the problem is that Hawaiians eannot accept rocks for land and laek of water. Louis "Buzzy" Agard, of the Council of Hawaiian Organizations, went on record as favoring the recommendations of the 1982-1983 Joint Federal-State Task Force. Sovereignty is an issue to be raised fully in the future, he said. Sam Peters, a Moloka'i homesteader, recounted how he received his land then learned he could pasture just one and half cows. "I hope the half is the end that doesn't eat," he said. He reduced the committee to gales of laughter when he said he had heard about the cost of building the Stealth bomber. "Would you mind not building it and giving us the money? Since you can't see it, or hear it, you wouldn't miss it anyway." To open the formal segment of homestead testimony, Kamaki Kanahele changed in O'ahu homestead association members who passed before the committee in procession, pausing before committee members to give them lei and ho'okupu (gifts of respect). Kanahele is chairman of the State Council of Hawaiian Homestead Associations. Many association members spoke that evening and recommended: making an inventory of Hawaiian Home Lands, making lists describing the lands, making lists of names of lessees, and assigning tax map key numbers to all the lands. Mention was made numerous times of the laek of

infrastructure whieh prevents people from moving onto the !and. Randall Lindsey, a 22 year old Waimanalo homesteader, said if the policy of assigning eight leases a year continues it will take 185 years to clear the list. A commercial lease held by Brace Pacific calls for payment of 87 cents per ton of quarried rock as rent, he said, further, Grace Pacific has gross yearly ineome of $12,297,285. The area should have been a homestead quarry, he said, not leased out. Lindsey said there is no question in his mind a breach of trust has been going on. The question is how to heal it. He said the people of Waimanalo will support the State Council of Hawaiian Homestead Associations. Bob Freitas, president of the Papakolea Community Homestead Association, spoke in favor of keeping the 50 percent blood quantum. He said that after 69 years of neglect and abuse from government, native Hawaiians have a right to expecta Congressional bill to recognize native Hawaiian beneficiaries of the trusts. He said Hawaiians on home lands pay high taxes based on the market value of their homesteads but cannot use the homes for collateral, as the law forbids it. "Set up a fixed property Tax," he said. He said the following are needed: establishment of a federal fund for low-interest loans; establishment of homes of the Kupuna (elderly) allowing cluster housing on level lands: establishing special lands on eaeh island for burials; a moratoruim on evictions of non-qualified heirs of homesteaders until benefits are sorted out based on reorganization. Charles Kaaiai of the Pahe'ehe'e Ridge homestead association said DHHL has a "miserable record." He said homesteader cannot get loan money without water to the land and DHHL will not fulfill this obligation. DHHL retains the power and won't let homesteaders develop the land, he said. "Instead we wait and wait and die on the lease list." A representative of the Pahe'ehe'e Ridge Home•owners Association said since OHA does not get the funds it is supposed tofrom ceded land trust, it has no funds to help homesteaders. Germaine Keli'ikoa of the Waianae Valley association said before the Hawaiian people decide on sovereignty or self-governance there should be hearings where experts could explain the land divisions of the past and that all people should be involved in the hearing process. Study should be extensive before any steps are taken, she said. One woman summarized a thought that had been said in many different ways during the day. She said, "You hear the same thing every year be-

cause the issues have not been addressed." Inouye said "You'll get action, we aren't sitting here 11 hours a day, for five days, for nothing." Other problems brought out included: the rental crunch that will occur if the battleship Missouri is home-ported in Honolulu; continuing problems homesteaders have with repairs to homes, problems getting DHHL tosupport homesteaders' claims when they try to enforce service or repair contracts.