Ka Wai Ola - Office of Hawaiian Affairs, Volume 11, Number 4, 1 April 1994 — Kūpa ʻa i nā pono nā Kānaka Maoli [ARTICLE+ILLUSTRATION]

Kūpa ʻa i nā pono nā Kānaka Maoli

bv Samuel L. Kealoha. Jr. Trustee. Moloka'i & Lāna'i On Jan. 14, 1994, 1, along with Charles Ka'ai'ai, president of the Pāhe'ehe'e Ridge

Homestead Association, and J o n a t h a n Kamakawiwo'ole Osorio, lecturer at the Center for Hawaiian Studies, University of Hawai'i at Mānoa, filed a suit to enjoin the other

trustees of the Office of Hawaiian Affairs from settling Hawaiian claims against the United States arising out of the 1893 overthrow of the Kingdom of Hawai'i and breaches of the ceded land trust

(except for OHA's right to revenues under Chapter 10), and violations of international law including the human rights of Hawaiians.

Subsequently, Lahela Jarrett Holmwood, a Hawaiian currently residing on the continent. agreed to become the fourth plaintiff, in order to 9 represent the inter9 ests of those J Hawaiians currently

residing outside of Hawai'i. Lahele is the daughter of Victor Kealakuhilima Jarrett, the Hawaiian Sovereignty Advisory commissioner who was representing Mainland Hawaiians until

he died Jan. 18, 1994. The OHA trustees would be in a conflict of interest by settling claims against the U.S. and the State of Hawai'i because OHA is a state agency. The trustees also laek statutory authority to attempt to resolve these claims. Further, the trustees' attempts to settle those claims would also violate the right to self-determination under international law. Additionally, OHA may not represent Hawaiians who are not allowed to participate in elections for OHA trustees. Hawaiians living on the continent. particularly those waiting for Hawaiian Home Lands, and thus to return to Hawai'i, such as Lahela Jarrett Holmwood. have a strong interest in the preservation of claims until the form of a Hawaiian nation ean be finalized by Hawaiians through a method of their own choosing. Additionally, those Hawaiians who have chosen to not be American citizens still retain the inherent right to selfdetermination and an interest in reparations; yet these nonAmerican Hawaiians are not, and cannot be, represented by OHA.

Our suit marks the first time that international law claims for self-determination will be tried in a State of Hawai'i court. I believe that it is important that the courts be put on notice that intemational law supports the inherent right of Hawaiians to self-determination, and that Hawaiians will be asserting their rights under both United States and intemational law. This action is supported by a wide spectrum of Hawaiian

groups and sovereignty initiatives. including Ka Lāhui Hawai'i, the 'Ohana Council, Ka Pākaukau, Hawaiian civic clubs (on this Trustee Kealoha issue), Native Hawaiian Bar Association board of directors, and Hui Na'auao. The support of these groups and initiatives indicates the importance of preserving these claims until the form of a new Hawaiian nation is finalized, because a sovereign nation is the only entity that ean resolve these claims. A week before we filed the eomplainl, our attorneys sent a letter to the other trustees, advising them of the illegality of settlement attempts, and asking them to sign consent decrees promising not to conduct such

negotiations and settlement. The other trustees decided, however, not to sign the decrees, and as a result we filed otrr suit. As of Feb. 1, the other trustees had not filed an answer to the complaint. If you or your organization support our position, or want further information about the suit, please contact our attomey, William K. Meheula or law extem Kawika Liu at McCorriston Miho Miller Mukai, Five Waterfront Plaza, 4th floor, 500 Ala Moana Blvd., Honolulu, Hawai'i 96813, phone 529-7300. Ko luna pōhaku no ke ka'a i lalo, 'a'ole hiki i ko lalo pōhaku ke ka'a (a stone that is high up ean roll down, but a stone that is down cannot roll up).