Ka Wai Ola - Office of Hawaiian Affairs, Volume 20, Number 2, 1 February 2003 — Collective Hawaiian voice asserts ceded land claims and native rights [ARTICLE+ILLUSTRATION]

Collective Hawaiian voice asserts ceded land claims and native rights

By Naomi Sodetani The "collective will" of thousands of Native Hawaiians statewide expressed at forums, marches, protest rāllies, and at the voting booth, is making formidable inroads into the state's political process, said OHA Chairperson Haunani Apoliona. Even as new legal threats seek to dismantle Native Hawaiian rights and entitlements, Native Hawaiians are organizing themselves as never before under the unification banner, "following Queen Lili'uokalani's powerful example of determined spiritual resistance," Apoliona said. The grassroots political force of Hawaiians uniting to defeat eommon foes has, in fact, succeeded in spurring Gov. Linda Lingle and state legislators to take action on long-shelved ceded lands and federal recognition issues. On Sept. 9, the Office of Hawaiian

Affairs held a press conference with over a dozen Native Hawaiian organizations to announee the launching of OHA's statewide Nā 'Ōiwi 'Ōlino Native Rights Education Campaign. OHA is forging collaborative efforts with grassroots Hawaiian groups to mount pressure on politicians to address a full spectrum of issues important to Hawaiians statewide, including ceded lands, federal recognition, protection of cultural and natural resources, Hawaiian charter schools, incarceration and drug treatment. On Sept. 9 and Nov. 1, OHA held gubernatorial forums to get the gubernatorial candidates' positions on Native Hawaiian issues "on the record," said OHA Administrator Clyde Namu'o. Days after the eleetion, Lingle publicly acknowledged that the televised forums played a significant role in garnering Hawaiian "swing vote" support that helped her eleehon. On Jan. 15, 1,000 people turned out

at the Nā 'Ōiwi 'Ōlino rally organized by OHA in conjunction with the Living Nation Campaign to eommemorate the 110th anniversary of the overthrow of the Hawaiian nation. Myron Thompson, son of the late Myron "Pinky" Thompson, former Kamehameha Schools trustee, urged rally-goers to respond to the "clear and present danger" confronting Hawaiians in a reincarnation of the

1893 overthrow. Hawaiians today are "literally being attacked in the courts of law," Thompson said. Instead of cannons aimed at 'Iolani Palaee, "the weapon is different, but the reasons are the same... greed, power and control by a small group of people for their own personal gain." Before the rally's end, House See LAND CLAIMS on page 5

Last month's Nō 'Olwl 'Ōllno natlve rlghts rally was among recent OHA events glvlng broader vlslblllty to the urgent lssue of eeeleel land payments by the state to Hawallans.

LAND CLAIMS from page 1

Speaker Calvin Say announced that legislators have found a "solution" to move ahead with tendering back payment of ceded land revenues to the Office of Hawaiian Affairs "expeditiously without having to go further through the legislative process." The immediate transfer of undisputed funds generated by ceded lands — whieh OHA estimates at $12 million accrued since June 30, 2001 and not $10.3 million as reported earlier — would be a significant first step taken by the state in fulfilling its trustee obligation toward Hawaiians, Apoliona said. OHA trustees are now meeting with the governor, legislative leaders, and state Attorney General Mark Bennett to work out the details on the immediate transfer of the undisputed share of ceded land revenues due OHA. Lingle has said she'll transfer the money onee the attorney general's office has crafted a solid mechanism to protect it from lawsuits filed by non-Hawaiians and Hawaiians who want the state and federal governments to halt all Native Hawaiian entitlements. Apoliona noted that the govemor's speeches reiterate Lingle's oft-stated "commitment toward recognition and to make good on the ceded lands revenue payments, as well as to ensure that the ceded lands issues ean eome to some resolution that is good for Hawaiian people." Lingle will be in Washington D.C. Feb. 22 - 27 to attend naūonal governors meetings. During

this time, the governor said she will also lobby hard for passage of the Akaka Bill, whieh has stalled in the U.S. Senate the past two years over concerns that it is race-based. "I will meet with members of the Bush administration and testify before Congress on the reasons why federal recognition of Native 'This (federal recognition) is not a racial issue ... This is a historical issue, based on a relationship between an independent government and the United States of Amenea, and what has happened since and the steps that we need to take to make things right/ — Linda Lingle Governor, State of Hawai'i Hawaiians is so critically important to all the people of Hawai'i," the governor said. "I want to get across the point — and this has to be the most important because it's what's holding it up — and that is that this is not a racial

issue," Lingle told reporters. "This is a historical issue, based on a relationship between an independent government and the United States of America, and what has happened since and the steps that we need to take to make things right. "Here at home, I will eonlinue to work with you [legislators] and with the Hawaiian eommunity to resolve the ceded lands issue onee and for all," Lingle said in her State of the State address. "Until we get it resolved, our community ean never really eome together as one." The prospect of renewed ceded lands payments has met with ire from familiar opponents, however. On Jan. 21, retired attorney H. William Burgess, who represents a group of plaintiffs in the Arakaki v. State federal lawsuit challenging the constitutionality of OHA and the Hawaiian Homes Commission, sent letters to members of the Legislature, to OHA attorneys and to the state attorney general's office questioning the state's legal authority to resume the payments. "We urge the governor to reconsider approving or authorizing disbursement of the $10.3 million or any other amount of ceded lands moneys, or any other amounts as the equivalent of ceded lands moneys, to OHA," Burgess wrote. "We also urge all executive branch officials and OHA trustees not to participate in, aid or abet this illegal scheme." Burgess threatened that if the governor and legislators enact the ceded lands payments, the group would "proceed with the steps necessary" to protect the plaintiffs' interests as state taxpayers. ■