Ka Wai Ola - Office of Hawaiian Affairs, Volume 12, Number 11, 1 November 1995 — A Hawaiian victory, and that's where your money goes [ARTICLE+ILLUSTRATION]

A Hawaiian victory, and that's where your money goes

by Moanike'ala Akaka Trustee, Hawai'i It feels good to focus on a major victory for Hawaiians through our state Supreme Court decision on an issue and area I've reported to you about in years past — Kohanaiki (Pine Trees) near Kailua-Kona. Five years ago at a Hawai'i County Planning Commission meeting, Mahealani Pai and Angel Pilago and Public Access Shoreline Hawai'i (PASH) were refused intervention status in a contested case hearing relating to Japan's Nansay Corporation's proposed resort and manna development. Stunned by the Commission's ruling, I expressed eoneem

that if Hawaiians and the general public were denied intervention — who, other than development interests, would be represented? The County Planning Commission refused to acknowledge our native Hawaiian rights; result: the PASH lawsuit. Nansay Hawai'i claimed that formal recognition of the rights of native Hawaiians on its land resulted in an uneonstitutional "taking" or a deprivation of private property for landowners; however, the Hawai'i Supreme Court's recent unanimous decision written by Associate Justice Robert Klein (a part-Hawaiian) rejected Nansay's argument and recognized the

right of native Hawaiians to gain access to lands for traditional and customary purposes. This right was reserved by the Hawaiian Govemment in 1848 when fee-

simple titles were granted. This landmark ruling allows native peoples to continue to practice what has always been our birthright as Hawaiians, to gather limu, fish, surf and continue traditional practices reaffirmed at the '78 Constitutional Convention. Congratulations to those who labored hard for this victory including Protect Kohanaiki

'Ohana, the Pai 'Ohana, the Sierra Legal Defense Fund and Native Hawaiian Legal Corporation whieh OHA helps sustain; also OHA filed an amicus curiae (Friend of Court) in support. Dante Carpenter is now suing five trustees (Beamer, DeSoto, Akana, Kamali'i, Keale) for wrongful termination. His reputation has been smeared and he has been treated calIously. A totally avoidable situation made public. At OHA's Board of Trustees Meeting on Kaua'i September 21, the new majority passed $150,000 for lawyer's fees to fight Dante's suit against them. I suggested the five pay their own lawyer's fees; it should not be at our people's expense. They became vindictive. Dante Carpenter had been willing to settle for $30,000 earlier; instead egos prevailed and "the Five" voted $150,000 for their own legal fees. To add insult to injury, following this vote, the same five voted against a grant for a popular afterschool program for youth residing on Department of Hawaiian Home communities in Keaukaha and Pana'ewa whieh would serve over a hundred kamali'i all school year for less than $10,000 — the Volcano Circus. There are few after school programs available on Hawai'i and this should be a priori-

tyWith this island's alarming statistics among youth: suicide, mental health problems, teenage pregnancy, drugs, iee,

crack, violence, domestic and otherwise, positive after-school programs like VoIcano Circus are part of the solution. It disturbs me that this proposal was killed. Luella Aina, Parks and Recreation Director at Kawananakoa Hall, where Keaukaha's Volcano Circus classes are held,

notes that Hawaiian Homes communities historically have received mueh less in resources from the County than more affluent areas, yet these are the most used facilities islandwide. Working for Parks and Recreation for 35 years, Aina will not retire because she knows these Hawaiian kids need kokua and is a strong advocate for the Volcano Circus project. Where are the priorities? I cried when the vote eame down against this children's program. They vote $150,000 for their own legal fees in a needless lawsuit and reject a proposal for one-fifteenth that amount for you, our people and our children. Is my bleeding heart showing? OHA has $3 million available in grants this year (we did well in investments), and less than $300,000 in proposals are being considered for the first six-month cycle. Of these proposals, worthy projects have been denied including Volcano Circus, an AIDS Prevention program and others. Earlier, a backyard aquaculture project specifically for welfare recipients that would have helped empower families to get off welfare was not funded on the BOT level. Apparently, a majority of Trustees felt welfare recipients should stay on welfare! However, the feds have recently made drastic cuts on that program. E kala mai ia'u, but I have to share this mana'o with you — in a democracy you should know! Mālama pono. Ua mau ke ea o ka 'āina i ka pono.