Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 6, 1 June 1996 — What is our responsibility? [ARTICLE+ILLUSTRATION]

What is our responsibility?

By the Rev. Moses K. Keale, Sr. Trustee Kaua'i and Ni4ihau A trust is an interesting entity. It has several functions whieh are dependent,

in part, on the purposes outlined in its establishing document. For those individuals who are fortunate enough to have accumulated assets over the years, the establishment of a trust based upon these assets usually is done with purpose of preserving and building those assets for one's heirs so that our children may

have the benefit of building a better life for themselves and their children. The OHA trust is not unlike the entity 1 just described. Established out of certain assets derived from Hawaiian entitlements, it was established for the betterment of the conditions of the native

Hawaiian. What exactly does that mean and what steps should be taken to ensure that its mission is accomplished? There are three fundamental and pressing aspects of any trust - the

securing of the trust assets, investment of trust assets to ensure the trust's continuum and the deliverance of benefits to the beneficiary. At OHA the three responsibilities are the purview of the OHA Board of Trustees - the trust administrators. How are we doing? Well, you ' be the judge! You are the

beneficiary! Let us take the first issue - the securing of the trust assets. In 1990 after 10 years of being short changed, the state finally agreed to correct its admitted laek of responsibility in turning over Hawaiians' entitlements to the OHA

trust. However, after an initial show of good faith on the state's part, the task has not been completed. In fact, it is quite apparent that the state will not honor its commitment to complete its assessment and to turn over full entitlements to the OHA trust Further, both the governor and the Legislature this year have attempted to reverse its prior commitment to the trust and take back funds it had already given. As a trustee who has served OHA from its inception, let me make it very clear that I take great exception to this latest move. Although I hold a minority viewpoint on this present board, let me say that I will not soften my criticism of this latest and most blatant laek of good faith and deception by this state in its responsibility to honor its promises to the Hawaiian people. We have tried to be fair, negotiated in good faith, and agreed to assist the state in finding solutions to a difficult eeonomie situation.

However, the State has

not responded in meeting us half way. Therefore, as I said last' month, the time has eome to negotiate "hardball". If court action is necessary let us execute our rights to sue for our full entitlement, not just for what is being taken away presently, but what has been denied us for the last 16 years. Let us put a stop to all this erosion of entitlements. Let us stop all sales and transfers of all lands that do not have clear title. Let us freeze all assets whieh ean be brought into question regarding rightful entitlement and then let us proceed from that point onward. Let us as trustees take a vote on this commitment and make our position known publicly. And let us take positive and definitive action NOW — TODAY! Let us show what we are made of - put politics aside. Our first loyalty should be to our Hawaiian people. That is why OHA was established - to protect the Hawaiian beneficiary.