Ka Wai Ola - Office of Hawaiian Affairs, Volume 17, Number 4, 1 April 2000 — A call for civil disobedience [ARTICLE+ILLUSTRATION]

A call for civil disobedience

^IVIL DISOBEDIENCE has ■ been utilized by Hawaiians repeatedly in the last 40 ■ years. Hawaiians have V#demonstrated against state and federal actions and activities in the areas of Hawaiian Home Lands, ceded lands, airport and harbors, the evictions from their homes and traditional lands, burials, development, and water. Civil disobedience has been practiced by many leaders throughout history, including Ghandi and Martin Luther King, when the law and civil government proved unresponsive. In 1993, the American Civil Liberties Union provided Hawaiians with uaining and materials in anticipation that civil disobedienee would be practiced to protests the overthrow. I myself have been arrested and jailed for protesting burial issues in Hālawa Valley. The recent Rice ruling and the responses of Senator Inouye and the govemor clearly demonstrate that the civil and judicial systems in Hawai'i will not address the rights and entitlements of Hawaiians. Several years ago, the Hawaii Advisory Committee to the U.S. Committee on Civil Rights investigated violations of Hawaiian civil rights. Thecommittee found:

" Unlike other Native Americans, Hawaiians have never received the privileges ofpolitieal relationship with the United States. Yet Hawaiians whoseformer kingdom was a member of the international community of nations recognized by the United States, have a compelling case forfederal recognition. "The laek offormal recognition ofNative Hawaiians by the federal Government has resulted in their inability to secure eontrol of lands and natural resources, develop self-gover-nanee mechanisms, enjoy eligibility for federal programs designed to assist Native Americans and other protected groups, and the denial ofvaluable legal rights to suefor discrimination. This constitutes disparate treatment and must be remedied without delay. "The Congress should promptly enact legislation enabling Native Hawaiians to develop a political relationship with the federal government comparable to that enjoyed by other native peoples in the Nation. Such legislation would encourage the realization of sovereignty and self-determination for Native Hawaiians, a goal that this Advisory Committee strongly endorses.

"The legislation should also explicitly confer eligibility to Native Hawaiian beneficiaries for participation infederal programs designed to assist Native Americans, Alaska Natives and other protected groups who have sufferedfrom hisiorical discriminaūon. "Native Hawaiians should receive thefull protection ofcivil rights statutes and regulations applieahle to Native Americans and other protected groups in the United States." No action has been taken to implement this recommendation.

As a result of Rice, the antiHawaiian forces are now moving to extinguish all Hawaiian entitlements. The Native Hawaiian trusts are in danger, as are all programs whieh benefit Hawaiians. Following Rice, Sen. Daniel Inouye issued a statement indicating he would petition Governor Cayetano to appoint new trastees. Two hours later, Gov. Cayetano moved to implement Inouye's directive. In addition, Cayetano indicated he might transfer OHA's assets to DHHL. This aeūon would close programs under Alu Like ine., the Native Hawaiian Legal Corporation, Nā Pua No'eau, the kupuna programs, funding for the lā'au lapa'au and other programs meeting critical needs. As Hawaiians we cannot allow this; as an OHA trastee I cannot and will not surrender the fiduciary obligation I swore to uphold in taking my oath of office. If Sen. Inouye and Gov. Cāyetano are intent on curtailing services to Hawaiians, then Hawaiians should prepare to engage in civil disobedience. There are many appropriate loeations on ceded lands:

• Airports and Harbors. Revenues owed OHA and the Hawaiian people under act 304 are not being paid. • University of Hawai'i and educational facilities. The university does not pay rent. In recent years it has increased tuition and refused to provide tuition waivers for Hawaiians. The net result has been a decrease in the Hawaiian enrollment. • Mauna Kea. No rent is paid by the nations who desecrated Mauna Kea. When Hawaiians have engaged in civil disobedience there has always been an understanding that violence had no plaee. In the last 40 years, there has only been one instance of violence - when Bumpy Kanahele took guns to Makapu'u. As a Hawaiian who has engaged in civil disobedience, I am committed to supporting Hawaiian protests against racist, antiHawaiian initiatives and efforts to curtail critical services to the Hawaiian community, provided by OHA through its Board of Trastees. Gov. Cayetano and Sen. Inouye shouId heed this warning. ■

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TRUSTEE MESSAGES

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