"State court correct in protecting ceded lands"

Two UH law professors wrote a commentary in their individual capacities as attorneys for the Office of Hawaiian Affairs. Professors Jon Van Dyke and Melody Kapilialoha MacKenzie have a commentary in today's Honolulu Advertiser.

The commentary does a great job of discussing the Hawai'i Supreme Court's decision while also countering statements from the Lingle Administration. The commentary, in part, provides, "The administration has also incorrectly asserted that the Hawai'i Supreme Court found that the state does not have good title to the ceded lands. In fact, the opinion expressly stayed away from that issue and explained that "the issue of Native Hawaiian title to the ceded lands will be addressed through the political process."

"Native Hawaiians protest ceded lands case"

The Honolulu Advertiser reported on the 12/26/08 picket outside of the Governor's Mansion that was organized by Aunty Vicky Holt-Takamine and Kaho'onei Panoke. (Photo at left from Honolulu Advertiser).
Probably due to the power outage, there wasn't much reported about the event on 12/26. But a 12/27/08 pdf version of the Honolulu Advertiser (available by clicking here and here) provide for a much longer story covering the event and the different groups involved.

Kupu‘āina Coalition's first live-streaming webcast

Earlier today we live-streamed our first webcast (of many yet to come). If you missed it, you can watch it below.


We explain why we use the term, "ceded" in describing the lands. We've received questions as to why we use that word. Learn why by watching our video.

There are two upcoming events:
- Information Forum Open to the Public; January 7, 2009; 6pm at 2515 Dole Street.
- March & Rally in Waikiki; January 17, 2009; 10am at Saratoga & Kalakaua

The following people e-mailed us questions:
- Keone Kealoha
- Gene Tamashiro
- Dean Saranillio
Find out what questions they asked by watching the video above.


DISCLAIMER: Nothing on this website, in written, audio, or video form should be construed as legal advice. The Kupu‘āina Coalition does NOT provide legal advice. People associated with the Kupu‘āina Coalition do NOT provide legal advice. Persons visiting this website (other affiliated websites) or events hosted by the Kupu‘āina Coalition ARE NOT clients and DO NOT have an attorney-client relationship. Anyone who seeks legal information or advice should consult with an appropriately licensed attorney.

TESTING

Live TV : Ustream

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Online video chat by Ustream

Editorials and Letters to the Editor.

In today's Honolulu Advertiser, retired Kailua High School teacher, Lawrence Araki has an editorial. Mr. Araki responds to a previous column written by the Advertiser's David Shapiro. Shapiro is recognized by readers to take the moral high ground in many of his columns. In his December 10 column, Shapiro seemed to not take that high ground and Mr. Araki wrote about it.


Ceded land stance ignores moral obligation

By Lawrence K. Araki

In reading David Shapiro's Dec. 10 column, "Lingle's stance on ceded lands is justified," I was struck by how convincing, rational and well thought out his piece was from a pragmatic, legalistic perspective. However, it was missing something: moral obligation. It is a value that parents teach in various forms from a child's earliest days. Without that sense of moral obligation, justice is diminished, compassion and understanding are weakened and our basic humanity is lessened.

Laws and legal systems are created by societies to provide justice in resolving disputes. Justice is usually seen as striking an amenable balance between law and moral obligation, particularly in correcting situations where a "strong moral claim" has been inadequately addressed or ignored.

Historically when indigenous peoples have had dealings with the legal system, any fulfillment of moral obligation to their claims (usually historical and based on the broken promises of the dominant society) has with rare exception come in last to the legal claims of the larger society.

A critical component of the Lingle administration's appeal of the Hawai'i Supreme Court decision regarding ceded lands is the contention that Native Hawaiians do not have a legal claim to the ceded lands. Not surprisingly it is this contention that Native Hawaiians find immoral and are concerned will open the door to further attempts to erode whatever moral obligations remain.

Is this just? As Americans we see ourselves as having a strong sense of moral obligation — "just doing the right thing" (it justifies the good and bad we do in the world via our foreign policy) — yet we also have a strong tolerance for ignoring moral obligation when it doesn't meet our needs or suit our interests (see foreign policy).

Our current economic crisis illustrates what can happen when we allow moral obligation to be ignored. It is an example that strikes closer to home for those of us who are not of indigenous heritage.

The bailout of banks and the auto industry is justified by the argument that we are serving the greater good of society. Yet it is the failure of the leaders of these institutions, who operated within the law, to fulfill their moral obligation to their employees, shareholders and a largely ignored obligation to the larger society that have brought all of us to these circumstances.

Their greed and blind drive for profit created an eagerness to embrace expediency over anything but lip service to moral obligation. Do we continue to emulate a model of leadership that has so clearly failed the vast majority? Do we teach that model of leadership to our children?

It is often said that the measure of a society is how it treats its most vulnerable members. The legacy of Native Hawaiians is a history and culture so unique and attractive that we market ourselves as the "Aloha State" with all the mystique and good will that that encompasses. It is also true that like so many indigenous peoples, Native Hawaiians have disproportionately high rates of certain diseases, homelessness and imprisonment.

The point is that the resolution of the ceded lands claim is a measure of how we in Hawai'i respond when faced with the opportunity to fulfill a large and longstanding moral obligation while dealing with the pressures of immediate economic demands. Do we perpetuate past injustices in the guise of doing what is best for the state or do we pursue a path where we do the right thing and fulfill our moral obligations? And, in the long run, which of these lessons do we want to teach our children?

Lawrence K. Araki is a retired Kailua High School teacher.

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The Honolulu Star-Bulletin has a letter to the editor written by Rodney Ferreira from Kamuela, Hawai'i. In his letter, he describes Governor Linda Lingle, as politician, having come "full-circle." Mr. Ferreira also calls upon Lt. Governor "Duke" Aiona to make his position on the ceded lands known.

Governor going back on ceded lands
Gov. Linda Lingle's newfound position that the Hawaiian people have no stake in ceded lands is a complete rejection of all that she promised Hawaiians. One can safely say that her political career has come full circle -- a promising career based on honesty and integrity destroyed by political correctness and blind ambition.
The question now becomes one of conscience for Lt. Gov. "Duke" Aiona. Does he seek higher office or sink with the Lingle ship?

Aiona, a Hawaiian, needs to take a position on ceded lands separate from Lingle and announce what his position on ceded lands is if he expects to maintain any political viability in the future.

He needs to do that now!

MAHALO to both Mr. Araki and Mr. Ferreira for their comments!

Kupu‘āina Coalition and Supporters Urge Governor Lingle to Withdraw Case.

On the Office of Hawaiian Affairs website, there is a featured story regarding the Press Conference and Rally yesterday at the Capitol.


The Honolulu Star-Bulletin also has an article about the press conference and rally as well. In the article, it says, "Before the rally, Gov. Linda Lingle and Attorney General Mark Bennett said the state remains firm in its decision to pursue the appeal, scheduled to be heard before the U.S. Supreme Court in February."

Governor Lingle and Mark Bennett held a press conference on the same day as the Kupu‘āina Coalition's news conference. It sounds like it happened about an hour or so earlier. You can WATCH the news conference by CLICKING here.

Press Conference and Rally

A sheriff's deputy on site at the Capitol today said in his estimate, there was between 400-500 people present during the Kupu‘āina Coalition's press conference and rally.

Reporters from various media outlets were present. A video can be found on the KGMB9 site. CLICK HERE to watch video and read story.

Another video can be found at the KITV.com site, although, Darryl Huff does a weird job of blending together his own narration and usage of video clips from the press conference. CLICK HERE to watch video.

The Honolulu Advertiser wrote a "Breaking News" article on the event, "Groups Oppose Ceded-Land Appeal."

"Ceded lands focus of rally"

The article below was published in today's Honolulu Advertiser.

Ceded lands focus of rally
Group urges state to drop appeal of earlier ruling barring sales

By Gordon Y.K. Pang - Advertiser Staff Writer

Native Hawaiian supporters led by a group of current and former law school and Hawaiian studies students will hold an 11:30 a.m. rally tomorrow at the state Capitol to demand that Gov. Linda Lingle and Attorney General Mark Bennett drop their appeal to the U.S. Supreme Court of a lower court ruling that bars the state from selling ceded lands until claims of Native Hawaiians are resolved.

Derek Kauanoe, a recent graduate of the University of Hawai'i's Richardson School of Law and a spokesman for the Kupu'aina Coalition, said the rally's main purpose is to draw attention to a state action that, if successful, could diminish Native Hawaiian rights and dismantle programs for Hawaiians.

Bennett said he does not agree with that conclusion, adding that the Lingle administration is in favor of settling Native Hawaiian claims and supports federal recognition of a Native Hawaiian government entity.

ISSUE AT HAND

The case, which pits the state against the state Office of Hawaiian Affairs, is expected to be heard in late February or March, Bennett said.

At issue is what the state can or cannot do with approximately 1.2 million acres of ceded lands, lands formerly held by the Hawaiian government. In January, the Hawai'i Supreme Court ruled that the state cannot sell or otherwise transfer lands ceded to the state until Native Hawaiian claims against those holdings were resolved.

The state argues that the 1959 Admission Act grants it the authority to manage ceded lands, including selling them.

But OHA and the four Native Hawaiians who brought the suit in 1994 say that Congress' 1993 Apology Resolution, as well as subsequent action by the state Legislature, effectively bar the state from selling or transferring those lands to an outside entity until the claims are settled.

Kauanoe said it is critical that the state not be allowed to sell or transfer ceded lands until the claims are resolved, and he points to the reasons listed by the Hawai'i Supreme Court.

"I think that moratorium puts Native Hawaiians on a level playing field to enter into negotiations for a settlement with the state," Kauanoe said. "If the (U.S.) Supreme Court overturns our state Supreme Court's ruling, basically the state would be able to sell lands that Native Hawaiians have an unrelinquished claim to before they even settle it."

Allowing the state to sell those lands, he said, "would be detrimental to any Hawaiian program that receives funding from the revenue of those lands."

SEEKING CLARIFICATION

Bennett, in response to Kauanoe's comments, said, "The issue before the United States Supreme Court is not the constitutionality or legality of any programs that benefit Native Hawaiians." Instead, he said, the High Court could clarify any gray area left by the Apology Resolution.

"The lawsuit that was filed more than a decade ago took the position that the Apology Resolution changed the landscape, clouded the state's title," Bennett said. "What we're trying to do is uphold what we believe to be the correct legal principle ... that the state holds good title to the land ... as was given to the state in the Admission Act."

Bennett added: "We believed, and continue to believe, that the claims that Native Hawaiians have should be addressed through the legislative process — through the Legislature and the Congress — through vehicles like the Akaka bill but not in the courts."

Kauanoe said the Hawai'i Supreme Court, because it is made up of Hawai'i residents, is in a much better position to decide the case than is the U.S. Supreme Court.

Kupu'aina is composed of the 'Ahahui o Hawai'i Law Student Organization, and faculty and students of the Kamakakuokalani Center for Hawaiian Studies.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com.

Na Kai Ewalu Radio Discussion on Ceded Public Lands - 22 Nov. 2008

Discussion on Ceded Public Lands - 22 Nov. 2008

Jocelyn M. Doane, Derek Kauanoe, and Davis Price were featured on Na Kai 'Ewalu Radio earlier today with hosts: Vicky Holt-Takamine, Noe Tanigawa, and Kaho'onei Panoke.

CLICK HERE to listen to radio broadcast.

The three organizers talk about the ceded lands case pending appeal at the US Supreme Court, share their thoughts about the case, and also talk about the scheduled press conference and rally at the state capitol.

Ceded Lands Discussion with Radio Personality Billy V.

image from www.hawaiianbroadcast.com

On Friday, November 21, 2008, Jocelyn M. Doane and Derek Kauanoe were with Billy V in the radio studio talking about the ceded lands case and the upcoming Kupu‘āina press conference and rally at the State Capitol on 11/24/08 at 11:30am.

CLICK HERE and then click on the media player to listen to their discussion.

Ceded Lands Appeal Should Be Withdrawn

The below commentary was published in today's Honolulu Advertiser.

Ceded lands appeal should be withdrawn
Land traditionally used by indigenous people must be protected

By Evan Silberstein

We have come to another critical moment in the evolution of the relationship between our state, our nation and the Native Hawaiian people. As the global community is taking major strides in recognizing the rights of indigenous peoples, many among us have been infused with a new vision of possibility. With the pending changes in Washington, D.C., one change on the minds of many in Hawai'i is a renewed call for federal recognition of Native Hawaiians. Yet, at this time of great hope, a dark cloud hangs over the promise of reconciliation that recognition may offer.

A post-election discussion to address this and other issues was recently held at William S. Richardson School of Law (Live footage available at http://uhm-nativehawaiianlaw.blogspot.com.) The speakers, Senate President Colleen Hanabusa, a non-Native Hawaiian who represents Wai'anae, and Esther Kia'aina, a Native Hawaiian who has worked at a federal level on issues of import for Native Hawaiians, were asked what the recent federal, state and local elections could mean to Native Hawaiians. The prevailing mood of the discussion, although inspiring, was of great concern over the state's appeal of OHA v. HCDCH, now pending before the U.S. Supreme Court.

At issue in the case is the lands transferred at statehood and the state's fiduciary duty to not only use a portion of the proceeds from the control of these ceded lands to benefit Native Hawaiians, but whether the state can sell or transfer the lands. At the center of the legal controversy is the Hawai'i Supreme Court's reliance upon the Apology Resolution of 1993, passed by both houses of Congress and signed by President Clinton, and myriad other state laws that acknowledge the disenfranchisement of Native Hawaiians by the United States.

Although we are standing on the precipice of a major movement in the process of reconciliation, the Lingle administration has decided to risk that delicate relationship by filing this appeal. It is in the midst of such a dangerous injury occurring that I call upon all people of Hawai'i to ask the governor to withdraw the appeal that is before the high court before this important relationship is subjected to any further outside scrutiny, misunderstanding and potential pain.

Gov. Linda Lingle will need not look far for precedent. The recent decision to stay the evictions of the people of Kahana Valley Cultural Living Park is a perfect example of "a cooler heads prevailing" perspective that is needed. It takes courage to make the right decision in the face of adversity and it is to be applauded. In Kahana, the administration temporarily yielded to the Legislature to come up with a workable solution to the challenge and leaders of the Legislature have vowed to do that. It is this example of sound judgment, governmental proficiency and compassion that the administration should draw upon in allowing Congress to take on the issue of recognition of Native Hawaiians.

If she were to look beyond the shores of O'ahu or even the pending developments at the nation's capital, Lingle would find guidance and strength from a recently passed international resolution before the United Nations General Assembly, the Declaration on the Rights of Indigenous Peoples. One hundred forty-three nations agreed that:

- Indigenous peoples have the right to the lands, territories and resources that they have traditionally owned, occupied or otherwise used or acquired.

- Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or traditional occupation or use, as well as those that they have otherwise acquired.

- States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

Although we may not be bound by law to withdraw the appeal or even to follow the principles of this declaration, ponder for a moment what such clear and convincing guidance tells us. Or perhaps the more appropriate question to ask is: What can Gov. Lingle do?

Evan Silberstein is a student at University of Hawai'i's William S. Richardson School of Law. He wrote this commentary for The Advertiser.

Kupu‘āina Coalition Organizers on radio!

Three Kupu‘āina Coalition organizers, Jocelyn M. Doane, Derek Kauanoe, and Davis Price were on Nā ‘Ōiwi ‘Ōlin0 earlier today discussing the ceded lands case pending appeal at the U.S. Supreme Court and their hopes to have Governor Lingle withdraw the case. Click here to listen to the broadcast. You will need Window Media Player to listen to it.

Background information on the three organizers.


Jocelyn is a 2007 graduate of the William S. Richardson School of Law where she graduated with a certificate specializing in Native Hawaiian Law. She was among the first three students to graduate with this distinction. Jocelyn was also a member of the law school's Native American Moot Court from 2005-07 as well as an alaka‘i of ‘Ahahui o Hawai‘i from 2006-07. Jocelyn also attained a dual degree with the MBA program at UH Mānoa.


Derek is a 2008 graduate of the William S. Richardson School of Law where he graduated with a certificate specializing in Native Hawaiian Law also. Derek was among the second group of students to graduate with this distinction. Derek was also a member of the law school's Native American Moot Court from 2005-08; served as captain from 2006-08 as well as an alaka‘i of ‘Ahahui o Hawai‘i from 2005-08. Derek also founded the LSAT Preparation Program for Native Hawaiians.


Davis Price is currently a second year law student at the William S. Richardson School of Law focusing on both Native Hawaiian Law and Environmental law. Prior to coming to the law school, Davis majored in Hawaiian Studies during his undergraduate years. Davis is also currently pursuing a dual degree with the Department of Urban and Regional Planning at UH Mānoa. Davis has worked on the Hokūle‘a when it has been dry-docked. While also an advocate of increasing the number of Native Hawaiians enrolled in law school, Davis is a promising advocate of the Native Hawaiian community.

Resolve Claims Before Selling Ceded Lands

The below commentary was published in today's Honolulu Advertiser.  

Resolve claims before selling ceded lands
It's a matter of simple justice and fairness for Native Hawaiians

By Derek H. Kauanoe

Five years ago, The Advertiser reported that Gov. Linda Lingle described Native Hawaiian federal recognition as being "about fairness, justice and treating all indigenous people in our country the same." Gov. Lingle was also quoted as saying that federal recognition is a "matter of simple justice" when she testified before Congress in support of the Akaka bill.

Whether the state should be selling ceded lands, lands belonging to the Hawaiian kingdom and eventually transferred to the State of Hawai'i, before reaching a settlement with Native Hawaiians, is also a matter of simple justice and fairness.

I recently explained the ceded lands situation to someone who did not quite understand the conflict between the Lingle administration's view that the state can sell ceded lands and our highest state court's landmark decision placing a moratorium on such sales.

I asked this person to imagine that the two of us were married, but the marriage did not work out. As a result, we apologized to each other for the difficulty and hurt inflicted and agreed to get a divorce. In the process of getting a divorce I began selling personal property that she brought into the marriage in addition to selling the personal property we owned together, both before we established a complete inventory of the property and before a determination was made as to who would get what. I kept the money from those sales but she felt she had a claim to those property items sold. After realizing the unfairness of my actions, she sought the opinion of an independent third party to help us resolve our dispute. Much to my disappointment, the independent third party declared that it was not right for me to dispose of those items and any remaining items until the two of us resolved the issues of who would get which items. Fairness required that I discontinue selling those items.

Although a failed marriage may not be the best analogy to describe the ceded lands situation, the person I spoke with understood that this ceded lands issue is indeed a matter of simple justice and fairness.

Ceded lands, to which the Legislature and Congress have recognized that Native Hawaiians have a claim, should not be sold before those claims have been resolved.

Our highest court correctly acknowledged that selling lands to which Native Hawaiians have a claim results in the further loss of lands. By reducing those lands, Native Hawaiians will be disadvantaged in negotiating a settlement; Native Hawaiians will have less bargaining power.

The court also noted a moratorium on ceded land sales until claims are resolved provides for fairness in negotiations.

Native land claims and federal recognition are no strangers to each other. Indigenous groups in the continental United States have settled land claims with state and local governments coinciding with their federal recognition process. Although it may be unintentional, it is nothing short of unusual that the Lingle administration would support Native Hawaiian federal recognition efforts, yet undermine those efforts by selling ceded lands. In the interests of justice, a settlement should be reached before any ceded lands are sold.

Other comments made by Gov. Lingle are equally awkward and confusing. The Advertiser, on Feb. 25, 2003, also reported that she asked lawmakers "not to let the courts unravel decades of work in Congress to help Native Hawaiians through land, health, education and housing programs."

Here, however, the Lingle administration stands to unravel work on the state and federal level by selling ceded lands to which Native Hawaiians have claims. Today, it is our state Supreme Court that seeks to prevent the unraveling of "decades of work" to help Native Hawaiians.

Although these issues can be confusing, it is clear that we as a community do justice a gross disservice if we allow ceded lands to be sold before resolving the issues and claims that arise from those lands.

Derek H. Kauanoe is a graduate of the University of Hawai'i-Manoa's William S. Richardson School of Law, with a specialty in Native Hawaiian law. He wrote this commentary for The Advertiser.

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Out-of-Hawai'i template REPS Hawaiian Affairs

E-mails should be sent to HAWtestimony@capitol.hawaii.gov and reps@capitol.hawaii.gov. Please include kupuaina@gmail.com in the BCC (Blind Carbon Copy). We'll appreciate it and it gives us some idea as to how many e-mails the Representatives get. Feel free to cut and paste the below e-mail message.

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Dear Members of the Hawai‘i House of Representatives,

As I'm sure you know, Hawai‘i is unlike any other place. Hawai‘i people are also unlike other people.

In recent years, an unfortunate number of Hawai‘i people have moved out of the islands, and moved from the areas they still call home. Hawai‘i organizations exist throughout the world, and these clubs are formed and led by people who have strong roots to Hawai‘i. These people are Native Hawaiians and non-Native Hawaiians. We come together for events, festivities and meetings because we all have a common interest, our love of Hawai‘i. It is out of that love, that I send you this e-mail.

Although I may not live in Hawai‘i now, Hawai‘i is a special place for me and my family. I urge you to protect a part of what makes Hawai‘i special and pass Senate Bill 1085.

Sincerely,



(enter your name here)

Template 1 REPS Hawaiian Affairs

E-mails should be sent to HAWtestimony@capitol.hawaii.gov and reps@capitol.hawaii.gov. Please include kupuaina@gmail.com in the BCC (Blind Carbon Copy). We'll appreciate it and it gives us some idea as to how many e-mails the Representatives get. Feel free to cut and paste the below e-mail message.

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SB 1085
3/18/2009

Dear Madam Chair Carroll, Madam Vice-Chair Shimabukuro and Members of our House of Representatives,

My name is (insert name here). It is important that you pass Senate Bill 1085. Statements and questions by United States Supreme Court justices show that this issue is a matter of state law and that moratorium legislation is appropriate.

The Ceded Lands Case Has Been an Issue of State Law.

On February 25, 2009, the Supreme Court of the United States heard oral arguments for the ceded lands case. One of the more “conservative” Justices, Samuel Alito told the Attorney General that the ceded lands case seemed to be more of a state issue. Justice Alito said, “If the Apology Resolution is put aside, I’m not quite sure what is left, other than State-law issues.”

The Supreme Court Is Aware of Proposed State Ceded Lands Moratorium Bills and Provided Guidance on How to Proceed on This Issue.

Justice Alito showed his familiarity of Senate Bill 1085 when he asked the Attorney General Mark Bennett, "[W]ould there be anything to prevent the Hawaiian legislature from passing a law that says, we have absolute -- we have title to these lands, but we are going to impose a five-year moratorium on any transfer of these lands because we want to promote a reconciliation process?"

The Attorney General’s response to this inquiry, in part, was, “certainly under the terms of the Admission Act, the authority given the political branches for the management and disposition of the lands is broad . . . .” The Attorney General continued to say that such an action would be against the Federal common law of trusts, but Justice Souter immediately disagreed and commented that the Hawai‘i Supreme Court’s “reasoning seems to rest upon some kind of State equity law or trust law.” He further stated, “the only thing they are disclosing right now is -- aside from the Apology Resolution, seems to be State trust law.”

Other statements made, as can be found in the transcripts, show that our state legislature can pass laws regarding these lands. But such legislation should be made in conformity with one of the trust purposes, as described in the Admission Act.

Because the ceded lands is an issue of our State and because some guidance has been provided on how to proceed, I urge the Senate to pass Senate Bill 1085.

Sincerely,

(insert name here)

Oral argument transcripts are available at http://www.honoluluadvertiser.com/graphics/cededlands.pdf.

Template 2 REPS Hawaiian Affairs

E-mails should be sent to HAWtestimony@capitol.hawaii.gov and reps@capitol.hawaii.gov. Please include kupuaina@gmail.com in the BCC (Blind Carbon Copy). We'll appreciate it and it gives us some idea as to how many e-mails the Representatives get. Feel free to cut and paste the below e-mail message.

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SB 1085
3/18/09

Dear Madam Chair Carroll, Madam Vice-Chair Shimabukuro and members of the House,

Aloha! My name is (INSERT NAME). Thank you very much for your consideration in reading my e-mail.

Senate Bill 1085 presents us all with a very important opportunity. We live in a complex society here in Hawai‘i, with a richness in diversity unique to anywhere else in the United States, and possibly the world. We are also extremely fortunate in that we are able to enjoy and prosper from a natural environment of incredible beauty – a beauty that is both intrinsically finite and fragile.

Unfortunately, BOTH the sense of community AND the irreplaceable value of the ‘āina which binds our diverse society have been and continue to be undermined by the historic and continuing injustices that have occurred here in Hawai‘i. These injustices, although inflicted in different ways against different groups of people, have consistently been perpetrated by the powerful few against the disenfranchised masses. Sadly, these injustices have been (and continue to be) often “legitimated” through the legal process. I would argue that it is the continued legal legitimation of these injustices that have inflicted the most harm, and pose the greatest threat, to the very essence of what makes living in Hawai‘i such a unique and incredible experience.

Fortunately, however, we have shown that it is possible for the legal process to begin to address these harms, and to provide for the social healing that would truly make Hawai‘i a model for not only the United States, but for countries around the world. We have certainly taken great steps towards this end, but we are clearly not through, especially with respect to the Kanaka Maoli community.

Senate Bill 1085 thus presents us with a remarkable opportunity – during no less of a crucial time than the eve of a US Supreme Court decision that would potentially undermine thirty years of progress – to use the law, not to oppress, but to continue to address the harms of oppression and colonization and cultural genocide.1 I truly believe that this opportunity should not, and must not, be dismissed. And to those misguided few who claim that addressing these harms would not benefit all of us who call Hawai‘i our home – I would have to respectfully, but firmly, disagree.
Please, please, please, take this opportunity to make the right decision and pass SB 1085.

Mahalo nui loa once again for your time and consideration.



(YOUR NAME HERE)

Template 3 Reps Hawaiian Affairs 1085

E-mails should be sent to HAWtestimony@capitol.hawaii.gov and reps@capitol.hawaii.gov. Please include kupuaina@gmail.com in the BCC (Blind Carbon Copy). We'll appreciate it and it gives us some idea as to how many e-mails the Representatives get. Feel free to cut and paste the below e-mail message.

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Dear Madam Chair Carroll, Madam Vice-Chair Shimabukuro and Members of the House,

My name is (insert your name here). On opening day of this year's legislative session, Senate President Colleen Hanabusa spoke the following words,

"As well, we know we must address the sense of betrayal that many in our Native Hawaiian community feel on the issue of ceded lands, and in particular the case now pending before the United States Supreme Court. We will not turn a deaf ear to these questions, as difficult as they may be. We have heard the call of the people and we must respond."

Although the House Speaker may not have spoken these words himself, I urge you to also hear the call of the people and respond by passing SB 1085. As difficult as it may be to work towards the resolution of these issues, it is something we must do. I urge you and our individual representatives to pass SB 1085 in all its referred committees: HAW, WLO/JUD, & FIN.

Mahalo,


(Insert Your Name Here)

Rep Templates

It is important that we get the House of Representatives to support and pass SB 1085. We're asking you to e-mail our representatives and urge them to pass SB 1085.

E-mails should be sent to reps@capitol.hawaii.gov if you can include us on the cc (or better yet the BCC) by putting kupuaina@gmail.com in that e-mail, we'd greatly appreciate it.

We have templates for you to use if you don't know what to write in an e-mail. Please pick one template only:

• Template 1


• Template 2


• Template 3

We also have a special template for our supporters who do not live in Hawai‘i. CLICK HERE for the special out-of-Hawai‘i template.

Out of Hawai'i template - REPS

E-mails should be sent to reps@capitol.hawaii.gov (goes to all Representatives). If you can include us on the cc (or better yet the BCC) by putting kupuaina@gmail.com in that e-mail, we'd greatly appreciate it. Feel free to cut and paste the below e-mail message.

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Dear Members of the Hawai‘i State House of Representatives,

As I'm sure you know, Hawai‘i is unlike any other place. Hawai‘i people are also unlike other people.

In recent years, an unfortunate number of Hawai‘i people have moved out of the islands, and moved from the areas they still call home. Hawai‘i organizations exist throughout the world, and these clubs are formed and led by people who have strong roots to Hawai‘i. These people are Native Hawaiians and non-Native Hawaiians. We come together for events, festivities and meetings because we all have a common interest, our love of Hawai‘i. It is out of that love, that I send you this e-mail.

Although I may not live in Hawai‘i now, Hawai‘i is a special place for me and my family. I urge you to protect a part of what makes Hawai‘i special and pass Senate Bill 1085.

Sincerely,



(enter your name here)

Out of Hawai'i Template

E-mails should be sent to sens@capitol.hawaii.gov (goes to all senators). If you can include us on the cc (or better yet the BCC) by putting kupuaina@gmail.com in that e-mail, we'd greatly appreciate it. Feel free to cut and paste the below e-mail message.

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Dear Members of the Hawai‘i Senate,

As I'm sure you know, Hawai‘i is unlike any other place. Hawai‘i people are also unlike other people.

In recent years, an unfortunate number of Hawai‘i people have moved out of the islands, and moved from the areas they still call home. Hawai‘i organizations exist throughout the world, and these clubs are formed and led by people who have strong roots to Hawai‘i. These people are Native Hawaiians and non-Native Hawaiians. We come together for events, festivities and meetings because we all have a common interest, our love of Hawai‘i. It is out of that love, that I send you this e-mail.

Although I may not live in Hawai‘i now, Hawai‘i is a special place for me and my family. I urge you to protect a part of what makes Hawai‘i special and pass Senate Bill 1085.

Sincerely,



(enter your name here)

Template 1

E-mails should be sent to reps@capitol.hawaii.gov (goes to all Representatives). If you can include us on the cc (or better yet the BCC) by putting kupuaina@gmail.com in that e-mail, we'd greatly appreciate it. Feel free to cut and paste the below e-mail message.

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Dear House Speaker Say and Members of the House of Representatives,

My name is (insert your name here). Last month, our State House of Representatives adopted Senate Concurrent Resolution 40, which

• urged the Governor "to withdraw the appeal to the United States Supreme Court of the Hawai‘i State Supreme Court decision" of the ceded lands case, and


• "that the Legislature declares the public policy of the State of Hawai‘i is to honor the decision of the Hawai‘i Court.

In the resolution, the Legislature also expressed its belief that, pursuing the appeal "is detrimental to the interests of all of the people of Hawai‘i and to the ongoing reconciliation process between the State and the Native Hawaiian people."

Please continue on the path you started on when you adopted SCR 40, by arranging to have SB 1085 heard in committee. As difficult as it may be to work towards the resolution of the "ceded" lands issue, it is something we must do. SB 1085 is consistent with the policy re-affirmed in SCR 40.

I urge you and our individual representatives to support and pass SB 1085.

Mahalo,


(Insert Your Name Here)

Template 1

E-mails should be sent to sens@capitol.hawaii.gov (goes to all senators). If you can include us on the cc (or better yet the BCC) by putting kupuaina@gmail.com in that e-mail, we'd greatly appreciate it. Feel free to cut and paste the below e-mail message.

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Dear Madam Senate President Hanabusa and Members of the Senate,

My name is (insert your name here). On opening day of this year's legislative session, you spoke the following words,

"As well, we know we must address the sense of betrayal that many in our Native Hawaiian community feel on the issue of ceded lands, and in particular the case now pending before the United States Supreme Court. We will not turn a deaf ear to these questions, as difficult as they may be. We have heard the call of the people and we must respond."

Please continue to hear the call of the people and respond by passing SB 1085. As difficult as it may be to work towards the resolution of these issues, it is something we must do. I urge you and our individual senators to pass SB 1085.

Mahalo,


(Insert Your Name Here)

Template 3

E-mails should be sent to reps@capitol.hawaii.gov (goes to all Representatives). If you can include us on the cc (or better yet the BCC) by putting kupuaina@gmail.com in that e-mail, we'd greatly appreciate it. Feel free to cut and paste the below e-mail message.

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Dear Mr. House Speaker Calvin Say and Members of our House of Representatives,

My name is (insert name here). It is important that you pass Senate Bill 1085. Statements and questions by United States Supreme Court justices show that this issue is a matter of state law and that moratorium legislation is appropriate.

The Ceded Lands Case Has Been an Issue of State Law.

On February 25, 2009, the Supreme Court of the United States heard oral arguments for the ceded lands case. One of the more “conservative” Justices, Samuel Alito told the Attorney General that the ceded lands case seemed to be more of a state issue. Justice Alito said, “If the Apology Resolution is put aside, I’m not quite sure what is left, other than State-law issues.”

The Supreme Court Is Aware of Proposed State Ceded Lands Moratorium Bills and Provided Guidance on How to Proceed on This Issue.

Justice Alito showed his familiarity of Senate Bill 1085 when he asked the Attorney General Mark Bennett, "[W]ould there be anything to prevent the Hawaiian legislature from passing a law that says, we have absolute -- we have title to these lands, but we are going to impose a five-year moratorium on any transfer of these lands because we want to promote a reconciliation process?"

The Attorney General’s response to this inquiry, in part, was, “certainly under the terms of the Admission Act, the authority given the political branches for the management and disposition of the lands is broad . . . .” The Attorney General continued to say that such an action would be against the Federal common law of trusts, but Justice Souter immediately disagreed and commented that the Hawai‘i Supreme Court’s “reasoning seems to rest upon some kind of State equity law or trust law.” He further stated, “the only thing they are disclosing right now is -- aside from the Apology Resolution, seems to be State trust law.”

Other statements made, as can be found in the transcripts, show that our state legislature can pass laws regarding these lands. But such legislation should be made in conformity with one of the trust purposes, as described in the Admission Act.

Because the ceded lands is an issue of our State and because some guidance has been provided on how to proceed, I urge the Senate to pass Senate Bill 1085.

Sincerely,

(insert name here)

Oral argument transcripts are available at http://www.honoluluadvertiser.com/graphics/cededlands.pdf.

Template 3

E-mails should be sent to sens@capitol.hawaii.gov (goes to all senators). If you can include us on the cc (or better yet the BCC) by putting kupuaina@gmail.com in that e-mail, we'd greatly appreciate it. Feel free to cut and paste the below e-mail message.

---

Dear Madam Senate President Hanabusa and members of the Senate,

My name is (insert name here). It is important that you pass Senate Bill 1085. Statements and questions by United States Supreme Court justices show that this issue is a matter of state law and that moratorium legislation is appropriate.

The Ceded Lands Case Has Been an Issue of State Law.

On February 25, 2009, the Supreme Court of the United States heard oral arguments for the ceded lands case. One of the more “conservative” Justices, Samuel Alito told the Attorney General that the ceded lands case seemed to be more of a state issue. Justice Alito said, “If the Apology Resolution is put aside, I’m not quite sure what is left, other than State-law issues.”

The Supreme Court Is Aware of Proposed State Ceded Lands Moratorium Bills and Provided Guidance on How to Proceed on This Issue.

Justice Alito showed his familiarity of Senate Bill 1085 when he asked the Attorney General Mark Bennett, "[W]ould there be anything to prevent the Hawaiian legislature from passing a law that says, we have absolute -- we have title to these lands, but we are going to impose a five-year moratorium on any transfer of these lands because we want to promote a reconciliation process?"

The Attorney General’s response to this inquiry, in part, was, “certainly under the terms of the Admission Act, the authority given the political branches for the management and disposition of the lands is broad . . . .” The Attorney General continued to say that such an action would be against the Federal common law of trusts, but Justice Souter immediately disagreed and commented that the Hawai‘i Supreme Court’s “reasoning seems to rest upon some kind of State equity law or trust law.” He further stated, “the only thing they are disclosing right now is -- aside from the Apology Resolution, seems to be State trust law.”

Other statements made, as can be found in the transcripts, show that our state legislature can pass laws regarding these lands. But such legislation should be made in conformity with one of the trust purposes, as described in the Admission Act.

Because the ceded lands is an issue of our State and because some guidance has been provided on how to proceed, I urge the Senate to pass Senate Bill 1085.

Sincerely,

(insert name here)

Oral argument transcripts are available at http://www.honoluluadvertiser.com/graphics/cededlands.pdf.

Template 2

E-mails should be sent to reps@capitol.hawaii.gov (goes to all Representatives). If you can include us on the cc (or better yet the BCC) by putting kupuaina@gmail.com in that e-mail, we'd greatly appreciate it. Feel free to cut and paste the below e-mail message.

---

Dear House Speaker Calvin Say and Members of the House of Representatives,

Aloha! My name is (INSERT NAME). Thank you very much for your consideration in reading my e-mail.

Senate Bill 1085 presents us all with a very important opportunity. We live in a complex society here in Hawai‘i, with a richness in diversity unique to anywhere else in the United States, and possibly the world. We are also extremely fortunate in that we are able to enjoy and prosper from a natural environment of incredible beauty – a beauty that is both intrinsically finite and fragile.

Unfortunately, BOTH the sense of community AND the irreplaceable value of the ‘āina which binds our diverse society have been and continue to be undermined by the historic and continuing injustices that have occurred here in Hawai‘i. These injustices, although inflicted in different ways against different groups of people, have consistently been perpetrated by the powerful few against the disenfranchised masses. Sadly, these injustices have been (and continue to be) often “legitimated” through the legal process. I would argue that it is the continued legal legitimation of these injustices that have inflicted the most harm, and pose the greatest threat, to the very essence of what makes living in Hawai‘i such a unique and incredible experience.

Fortunately, however, we have shown that it is possible for the legal process to begin to address these harms, and to provide for the social healing that would truly make Hawai‘i a model for not only the United States, but for countries around the world. We have certainly taken great steps towards this end, but we are clearly not through, especially with respect to the Kanaka Maoli community.

Senate Bill 1085 thus presents us with a remarkable opportunity – during no less of a crucial time than the eve of a US Supreme Court decision that would potentially undermine thirty years of progress – to use the law, not to oppress, but to continue to address the harms of oppression and colonization and cultural genocide. I truly believe that this opportunity should not, and must not, be dismissed. And to those misguided few who claim that addressing these harms would not benefit all of us who call Hawai‘i our home – I would have to respectfully, but firmly, disagree.
Please, please, please, take this opportunity to make the right decision and pass SB 1085.

Mahalo nui loa once again for your time and consideration.



(YOUR NAME HERE)
(YOUR CONTACT INFORMATION)

Template 2

E-mails should be sent to sens@capitol.hawaii.gov (goes to all senators). If you can include us on the cc (or better yet the BCC) by putting kupuaina@gmail.com in that e-mail, we'd greatly appreciate it. Feel free to cut and paste the below e-mail message.

---

Dear Senate President Hanabusa and members of the Senate,

Aloha! My name is (INSERT NAME). Thank you very much for your consideration in reading my e-mail.

Senate Bill 1085 presents us all with a very important opportunity. We live in a complex society here in Hawai‘i, with a richness in diversity unique to anywhere else in the United States, and possibly the world. We are also extremely fortunate in that we are able to enjoy and prosper from a natural environment of incredible beauty – a beauty that is both intrinsically finite and fragile.

Unfortunately, BOTH the sense of community AND the irreplaceable value of the ‘āina which binds our diverse society have been and continue to be undermined by the historic and continuing injustices that have occurred here in Hawai‘i. These injustices, although inflicted in different ways against different groups of people, have consistently been perpetrated by the powerful few against the disenfranchised masses. Sadly, these injustices have been (and continue to be) often “legitimated” through the legal process. I would argue that it is the continued legal legitimation of these injustices that have inflicted the most harm, and pose the greatest threat, to the very essence of what makes living in Hawai‘i such a unique and incredible experience.

Fortunately, however, we have shown that it is possible for the legal process to begin to address these harms, and to provide for the social healing that would truly make Hawai‘i a model for not only the United States, but for countries around the world. We have certainly taken great steps towards this end, but we are clearly not through, especially with respect to the Kanaka Maoli community.

Senate Bill 1085 thus presents us with a remarkable opportunity – during no less of a crucial time than the eve of a US Supreme Court decision that would potentially undermine thirty years of progress – to use the law, not to oppress, but to continue to address the harms of oppression and colonization and cultural genocide.1 I truly believe that this opportunity should not, and must not, be dismissed. And to those misguided few who claim that addressing these harms would not benefit all of us who call Hawai‘i our home – I would have to respectfully, but firmly, disagree.
Please, please, please, take this opportunity to make the right decision and pass SB 1085.

Mahalo nui loa once again for your time and consideration.



(YOUR NAME HERE)
(YOUR CONTACT INFORMATION)