Ka Wai Ola - Office of Hawaiian Affairs, Volume 15, Number 7, 1 July 1998 — Knuckling under to the state [ARTICLE+ILLUSTRATION]

Knuckling under to the state

0NJUNE16, OHA's finance eommittee voted to fund two positions that take care of ancestral bones in the Department of Land and Natural Resources. Supporters contend it's OHA's obligation to take care of our ancestral bones when they are discovered. Really? The U.S. Congress and the Hawai'i legislature (remember Honokahua?) have created

laws obligating govemments to properly repatriate the bones of native Hawaiians. So why is OHA paying? Who could blame DLNR for shuffling that responsibility to OHA? After all. it was OHA's finance committee that fell for DLNR's explanation that it doesn't have the money when the committee capitulated and voted yes to $92,000. Moreover, doesn't everyone believe OHA is flush with cash? But wait, when OHA knuckled under to assume the

costs of the state employees, they included the retirement and health benefits of those state workers. And guess what? The state retirement fund has $8 billion, not a measly $302 million like OHA. But why stop there? Based on the flawed logic, OHA should also pay for the education of all Hawaiian children, especially for those teachers who are Hawaiian immersion instructors. What could be "more Hawaiian" than teaching Hawaiian language? Maybe OHA ought to pay for the director plus approximately 100 positions (including fringe benefits) of the Department of Hawaiian Home Lands. And further, OHA should pay for any and all state funded positions whieh engage in all things Hawaiian. But if OHA is to pay for all things Hawaiian in state government, why have a state government at all? Let's take a look.

The preamble of the state constitution says in part, "We the people of Hawai'i, mindful of our Hawaiian heritage, dedicate our efforts to fulfill the philosophy decreed by the Hawaii state motto, 'Ua mau ke ea o ka 'āina i ka pono.' We affirm our belief in a government of the people, by the people and for the people with an understanding and compassionate heart toward all peoples of the earth." Evidently, DLNR interprets this to mean all people except Hawaiians. Section five of the constitution says in part, "No person shall be deprived of due

process ot law, nor aemea I equal protection of the laws, nor be denied the enjoyment of the person's j civil rights or be discrimiI nated against becau.se of ancestry." Evidently, DLNR believes "for everyone except Hawaiians. They ean pay to care for their own repatriation processes." Article 12, section 7 of the constitution says, 'The f State reaffirms and shall protect all rights traditionally exercised (by those) who are descendants of f Native Hawaiians." Evi- ? dently this does not include the State's obliga-

tion to taKe care or tne ancestrai remams or our kūpuna. Finally, Chapter 26-15 of the Hawai'i Revised Statutes says DLNR "shall manage and administer public lands, including historic sites (i.e. where the ancestral bones are found)." OHA knuckled under in a game of "ehieken" and blinked first when the state said, "We don't have the money to take eaie of the iwi," when what DLNR really meant was, "Your bones aren't as important as our other concems and we know you'll pay." No wonder the state refuses to pay OHA $10 million in landing fees, $2 million for the federal prison planned at Kllioī Street, approximately $500 million for past due entitlements and $12 million for the Aloha Tower development rights. I say OHA should not absolve the state of its constitutional and lawful obligation to the Hawaiian people, and when the state fails to comply, the state ought to be sued. ■

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