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.