LEO 'ELELE - TRUSTEE MESSAGES

Truth be told

Haunani Apoliona, MSW, Chairperson, Trustee, At-large

Aloha mai. Honoring Jonah 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 Public Land Trust income and proceeds, past due and owing from 1978 to 2008, in the amount of $200 million.

After four years of negotiations between OHA and the Executive branch settlement conditions of the 30-year-old revenue dispute were resolved; the agreement 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 committees, doomed the joint House-OHA-Executive branch legislation. Senate leadership chose not to hold a meeting for the remaining 19 Senate members 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 demise were not limited to a few Senators but included Native Hawaiians who one-by-one spoke in opposition to HB 266 HD2.

If the committees' Senators really read and scrutinized the testimonies for substantive objections, they would have concluded by their study that most testimonies were based upon misinformation and misinterpretations of the facts.

Opposition to HB 266 HD2 on legislative record include former OHA Trustees who failed re-election attempts along with a current sitting Trustee, former OHA employees who chose to leave, representatives of the Sovereign Councils of the Hawaiian Homelands Assembly, ex-DHHL Chair/ OHA lawyer, and pro- independence, anti-Akaka proponents. They include: Trustee Rowena Akana, Moanike'ala Akaka, Patrick Kahawaiolaa, Richard Kinney, Mililani Trask, Ivy Johnson, Allyn Momoa, Pono McNeil, Alapaki Kim, Mirjam Berman, Clarence Ching, Uilani and Herbert Hew Len, Leah K. Pereira, Agnes Cope, Annie AuHoon, Steve Tayama, Kenneth R. Conklin, Rozalyn Teixeira, Kainani Kahaunaele, Leona Souza, Damien Trask, Malia Keliikoa, Leinani Whitaker, Lehua Hauanio, Pikake Kealoha, Carol Ioane, Sybil Evans, Shadd Warfield, Laurie Mendonca, Malani Alameda, Iliahi Anthony, Pohaikealoha Weller, Ha'awina Wise, Michelle Nahalea, Kaaka Swain, Joshua Y, Denise Kelekolio, Hau'oli Pakele, Heanu Weller, Erin O'Donnell, Willmont Kahaialii, Kanani Boloan, Nancy Naki, Foster Ampong, Ikaika Hussey, Carolyn Norman, Kaonohi Kaleikini, Tane Inciong, Pikake Pelekai, Blossom Feiteira, Carmalita Spellman, Sandra Aki, M. Kapuniai, John Souza, Kamaki Kanahele, Michael Kahikina, Kali Watson, Bumpy Kanehele, Makahaakalaniopu'u Wolfgram, Patti Nishiyama, Tasha Kama, Kale Gumapac, Betty Lau, Denise K. Hew Len, Colin Kippen, Andre Perez, Tamar DeFreis, Dexter Kaiama, Kehau Hanohano, Roy Robert Sr. and Paul Robins, among them.

The opposition provided cover for the five Senators, who asked not a single question in the five-hour hearing; and who “held” HB 266 HD2 for their leader, who declared the bill “dead” to a news reporter even before the first testimony was delivered.

These five Senators violated the spirit and directive of their own Senate-authored Concurrent Resolution 49 requiring OHA and the Attorney General to conduct statewide informational meetings requiring delivery of a Legislative Report on March 26 intended as needed input to their legislative decision-making. OHA and the Executive branch delivered the Report on time documenting more than 40 meetings with 1,000 plus attendees, statewide. On March 17, nine days before the SCR 49 Report was due, Tokuda, Hee, Taniguchi, Kokubun and Gabbard made their decision absent the mandated Report and comment from 1,000 statewide voices. These Senators failed to follow their own rules demonstrating an appalling absence of fair and credible leadership.

On March 27 shabby leadership re-emerged in the handling of a hearing on Senate Concurrent Resolution 138, obviously “punitive” to OHA as the headlines in the Honolulu Advertiser affirmed. Senate performance not guided by pono was vividly transparent.

Native Hawaiian opposition that staged the ultimate demise of HB 266 HD2 will realize the divisive damage to Hawaiian self-determination they have seeded. They will reckon with individual responsibility as Hawaiian programs 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 economic disparity and changing demographics in Hawai'i shifting economic and political priorities away from reconciliation with native people. Economic and socio-political realities today portend of closing “windows of opportunity.”

It's anyone's guess if the current 30-year income and proceeds dispute will ever settle, absent political will to overcome conflicting political agenda.

Ironically, in 1920 in the House of Representatives Committee on the Territories members of the Hawai'i legislative commission: McCarthy, Irwin, Wise Shingle, Lyman, Rawlins, joined by Delegate Kalaniana'ole advocated Hawaiian “self-determination” by introducing Hawai'i Territorial Legislature Resolution 2, an early step action toward enactment of the Hawaiian Homes Commission Act. It said:

“Whereas the distribution of lands under the Kingdom of Hawai'i, whereby the power to alienate the same has resulted in the loss of the Hawaiian people of a large part of their original birthright so that the members of the race now constitute a large part of the floating population crowding into the congested tenement districts of the larger towns and cities of the Territory under conditions which will inevitably result in the extermination of the race; and “Whereas the members 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 composing 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 become available large tracts of public lands under the control of the United States of America from which suitable areas could readily be set aside permanently as Government lands subject to long term leases and renewals of leases for the encouragement of associations or colonies of individuals of Hawaiian blood for mutual 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

“Resolved by the Senate of the Legislature 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 amendments to the organic act of the Territory of Hawaii, or by other provisions deemed proper in the premises, that from time to time there may be set aside suitable portions of the public lands of the Territory of Hawaii by allotments to or for associations, settlements, or individuals of Hawaiian blood in whole or in part, the fee simple title of such lands to remain in the government, but the use thereof to be available under such restrictions as to improvement, size of lots, occupation and otherwise as may be provided for said purposes by a commission duly authorized or otherwise giving preference rights in such homestead leases for the purposes hereof as my be deemed just and suitable by the Congress assembled: 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