Ka Wai Ola - Office of Hawaiian Affairs, Volume 25, Number 6, 1 May 2008 — Ola nō ka ʻŌlelo Hawaiʻi [ARTICLE+ILLUSTRATION]

Ola nō ka ʻŌlelo Hawaiʻi

Aloha mai. Honoring lonah Kūhiō Kalaniana'ole in March 2008 focuses upon leadership at work for Native Hawaiians in the "Congress of 20th century Wakinekona" and in the "State Legislature of 21st century Hawai'i." The 2008 State Legislature promised to be a productive session bringing closure to unresolved disputes between OHA and the State by fulfilling the State Constitutional and statutory obligation to pay OHA Puhlie Land Trust ineome and proceeds, past due and owing fronr 1978 to 2008, in the anrount of $200 million. After four years of negotiations between OHA and the Executive branch settlenrent eonditions of the 30-year-old revenue dispute were resolved; the agreenrent on enabling legislation achieved by the House of Representatives, OHA and the Attorney General was poised for approval by the Senate. But on March 17, a Senate faction and leadership for three relevant conurrittees, doonred the joint House-OHA-Executive branch legislation. Senate leadership chose not to hold a nreeting for the renraining 19 Senate nrenrbers to caucus on the tri-party legislation, further denying these 19 Senate colleagues full discussion, debate and vote on this joint House-OHA-Executive branch legislation on the Senate floor. Sadly, partners in the denrise were not limited to a few Senators but included Native Hawaiians who one-by-one spoke in opposition to HB 266 HD2. If the comnrittees' Senators really read and scrutinized the testimonies for substantive objections, they would have concluded by their study that nrost testimonies were based upon nrisinfonrration and nrisinterpretations of the facts. Opposition to HB 266 HD2 on legislative record include fonrrer OHA Trustees who failed re-election attenrpts along with a cur-

rent sitting Trustee, fornrer OHA enrployees who chose to leave, representatives of the Sovereign Councils of the Hawaiian Honrelands Assenrbly, ex-DHHL Chair/ OHA lawyer, and pro- independence, antiAkaka proponents. They include: Trustee Rowena Akana, Moanike'ala Akaka, Patrick Kahawaiolaa, Richard Kinney, MililaniTrask, Ivy Iohnson, Allyn Momoa, Pono MeNeil, Alapaki Kim, Mirjarrr Bernran, Clarence Ching, Uilani and Herbert Hew Len, Leah K. Pereira, Agnes Cope, Annie AuHoon, Steve Tayanra, Kenneth R. Conklin, Rozalyn Teixeira, Kainani Kahaunaele, Leona Souza, Danrien Trask, Malia Keliikoa, Leinani Whitaker, Lehua Hauanio, Pikake Kealoha, Carol Ioane, Sybil Evans, Shadd Warfreld, Laurie Mendonca, Malani Alarrreda, Iliahi Anthony, Pohaikealoha Weller, Ha'awina Wise, Miehelle Nahalea, Kaaka Swain, Ioshua Y, Denise Kelekolio, Hau'oli Pakele, Heanu Weller, Erin 0'Donnell, Willnront Kahaialii, Kanani Boloan, Nancy Naki, Foster Ampong, Ikaika Hussey, Carolyn Nonnan, Kaonohi Kaleikini, Tane Inciong, Pikake Pelekai, Blossonr Feiteira, Canrralita Spellnran, Sandra Aki, M. Kapuniai, lohn Souza, Kamaki Kanahele, Miehael Kahikina, Kali Watson, Bunrpy Kanehele, Makahaakalaniopu'u Wolfgranr, Patti Nishiyarrra, Tasha Kama, Kale Gunrapac, Betty Lau, Denise K. Hew Len, Colin Kippen, Andre Perez, Tarrrar DeFreis, Dexter Kaiama, Kehau Hanohano, Roy Robert Sr. and Paul Robins, anrong thenr. The opposition provided cover for the frve Senators, who asked not a single question in the five-hour hearing; and who "held" HB 266 HD2 for their leader, who declared the hill "dead" to a news reporter even before the first testimony was delivered. These frve Senators violated the spirit and directive of their own Senate-authored Concurrent Resolution 49 requiring OHA and the Attorney General to conduct statewide infornrational nreetings requiring delivery of a Legislative Report on March 26 intended as needed input to their legislative decision-nraking. OHA and the Executive branch delivered the Report on time docurrrenting nrore than 40 nreetings

with 1,000 plus attendees, statewide. On March 17, nine days before the SCR 49 Report was due, Tokuda, Hee, Taniguchi, Kokuhun and Gabbard nrade their decision absent the nrandated Report and conurrent fronr 1,000 statewide voices. These Senators failed to follow their own rules denronstrating an appalling absence of fair and credible leadership. On March 27 shabby leadership reenrerged in the handling of a hearing on Senate Concurrent Resolution 138, obviously "punitive" to OHA as the headlines in the Honolulu Advertiser affirnred. Senate perfonrrance not guided by pono was vividly transparent. Native Hawaiian opposition that staged the ultimate denrise of HB 266 HD2 will realize the divisive darrrage to Hawaiian self-detenrrination they have seeded. They will reckon with individual responsibility as Hawaiian progranrs and benefits face further onslaught of attack by plaintiffs in the Courts, opposition to Hawaiian rights in a Con Con, horse-trading of Hawaiian priorities by partisan politics, growing eeonomie disparity and changing denrographics in Hawai'i shifting eeonomie and political priorities away fronr reconciliation with native people. Eeonomie and socio-political realities today portend of closing "windows of opportunity." It's anyone's guess if the current 30year ineome and proceeds dispute will ever settle, absent poliheal will to overconre conflicting polhieal agenda. Ironically, in 1920 in the House of Representatives Conrnrittee on the Territories nrenrbers of the Hawai'i legislative conrnrission: McCarthy, Irwin, Wise Shingle, Lynran, Rawlins, joined by Delegate Kalaniana'ole advocated Hawaiian "self-deternrination" by introducing Hawai'i Territorial Legislature Resolution 2, an early step action toward enactnrent of the Hawaiian Honres Conurrission Act. It said: "Whereas the distribution of lands under the Kingdonr of Hawai'i, whereby the power to alienate the sarrre has resulted in the loss of the Hawaiian people of a large part of their original birthright so that the nrenrbers of the race now constitute a large part of the floating populahon crowding into the congested tenenrent districts of the larger towns and cities of the Territory under

conditions whieh will inevitably result in the extenrrination of the race; and "Whereas the nrenrbers of the Hawaiian race or blood should be encouraged to return to the states of independent and contented tillers of the soil, preserving to posterity the valuable and sturdy traits of the race, peculiarly adapted to the islands conrposing the Territory of Hawai'i, inhabited and governed by peoples of their race and blood as their birthright for a long period of time prior to annexation with the United States of America; and "Whereas there is now available or soon to beconre available large tracts of publie lands under the control of the United States of Anrerica fronr whieh suitable areas could readily be set aside pernranently as Governnrent lands subject to long tenrr leases and renewals of leases for the encouragenrent of associations or colonies of individuals of Hawaiian blood for nrutual growth and help to bring a rehabilitation of their race and to furnish an incentive for the preservation of the best characteristics of an independent citizenship of Hawaiian blood; now therefore be it "Resoīved by the Senate ofthe Legisīature of the Territory of Hawaii, the House of Representatives concurring, That the Congress of the United States of America be respectfully petitioned herein to make such anrendnrents to the organic act of the Territory of Hawaii, or by other provisions deenred proper in the prenrises, that fronr time to time there nray be set aside suitable portions of the puhlie lands of the Territory of Hawaii by allotnrents to or for associations, settlenrents, or individuals of Hawaiian blood in whole or in part, the fee sinrple title of such lands to renrain in the governnrent, but the use thereof to be available under such restrictions as to inrprovenrent, size of lots, oeeupahon and otherwise as nray be provided for said purposes by a comnrission duly authorized or otherwise giving preference rights in such honrestead leases for the purposes hereof as nry be deenred just and suitable by the Congress assenrbled: and be it "Further resolved, That copies of this resolution be engrossed for presentation by the Delegate of the Territory of Hawaii to the Speaker of the House of Representatives, the President of the Senate, and the President of the United States." 42/48 ^

LEO 'ELELE ■ TRUSTEE MESSAGES

Haunani Apuliuna. MSW Chairpersūn, TrustEE, At-large