Ka Wai Ola - Office of Hawaiian Affairs, Volume 12, Number 5, 1 May 1995 — DHHL bill: we want to see justice done [ARTICLE+ILLUSTRATION]

DHHL bill: we want to see justice done

by the Rev. Moses Keale, Sr. Trustee, Kaua'i and Ni'ihau "This bill is designed to resolve eaeh and every outstanding elaim of title actually asserted or whieh could be have been asserted by DHHL on behalf of the beneficiaries. ..." So stated Standins Committee

Report No. 858 on H.B. 1828 H.D. 2, a bill otherwise called the Hawaiian Homes Settlement Act. Some hail this bill as the final and fitting end to a disastrous breach of trust by the state. However, I cannot help but ponder the provisions of this pieee of legislation and its impact on our future, the future of our children and grand children

The saga of this issue began many, many decades ago. But let us remain focused on the narrower issue. Besinnine in 1983. the rer>ort

of the Federal-State Task Force on the Hawaiian Homes Commission Act identified the "controversies" surrounding the administration and management of the Hawaiian Homes Trust. There have been many eomforting words spoken since 1983 but in reality, those words did very little to settle those

controversies, very little to rectify the wrongs, very little to plaee Hawaiians on lands set aside and intended for their use. Year after year passed slowly on while Hawaiians waited for solutions to the controversies. Then, in 1988, the Legislature passed Act 395, otherwise known as the "right to sue" bill. This triggered a motion to resolve the matter.

But is this a settlement? The answer is YES! But the next question is far more important: At what cost? House Bill 1828, H.D. 2 is significantly different from the original bill introduced as the settlement bill. It is a departure from the Memorandum of Understanding drafted by the State and the Hawaiians' representative appointed to explore a fair and

equitable settlement of the controversies. As I write this article for submittal to Ka Wai Ola O OHA, I have just obtained the Senate's ver-

sion of this bill. It has been amended to remove offensive language whieh threatens the future of our children. But all of us must be aware that iii the closing days of the Legislature, language changes as swiftly as the weather. I have no idea what the final version of this bill will look like, but let it be

clear, I am opposed to any settlement whieh attempts to extinguish any and all claims now and in the future against the state or any govemmental agency for breaches of trust against the Hawaiian people. A trust relationship exists between the United States and its numerous government agencies and agents and that trust obligation should be executed with honor and without hesitation. The time has eome for us to toughen our position, gather our people and demand our entitlement. We have been a patient people. We have suffered nobly and with great dignity. Nearly five years ago, I wrote that we should learn to negotiate a tough but understanding position. I suggested at that time that since all land in Hawai'i onee belonged to the Sovereign and those lands that were sold by the Sovereign are documented, all other lands must continue to belong to the Sovereign. Since all those other lands (crown lands and govemment lands), became part of what is

now called the Public Lands Trust, then let us (Hawaiians) just cloud title to all lands and sit tight while the govem-

ment tries to sort out this mess. Why such a drastic move? Because for every proposed settlement for the injustices done to us, the proponents of the settlement want to extinguish all of our rights to pursue any remaining injustices. Apparently our gentle, quiet approach is taken as weakness or foolishness. I do not believe the Hawaiians want to hurt anyone. We just want to see justice done. Justice is not defīned by race, color or creed. Justice is doing what is pono. Where there were wrongs, correct those wrongs! Why don't we just send a message that is clear. We intend to use all of our resources to make things pono. Let us all deal honestly with eaeh other. Let us not put the interests of one group over the other. It is our duty at the Office of Hawaiian Affairs to defend the Hawaiian people against all injustices, past, present and future. Let us get down to defending the Hawaiian people, NOW!