Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 7, 1 July 1996 — Beneficiaries must take charge [ARTICLE+ILLUSTRATION]

Beneficiaries must take charge

by Billie Beamer Trustee-at-Large STOP THE ELECTION! WHY PROCEED AMID CONEUSION? THE DEBATERS KA LĀHUI AND HSEC HAVE STRAYED FROM THE PRIMARY CAUSE BEHIND THE VOTING | TURMOIL. I WANT TO KNOW, WHY THE

LEGISLATORS ARE INTERFERING? WHY ARE LEGISLATORS MOVTNG IN ON OHA'S BENEFICIARIES' TURF? IS THIS LEGISLATTVE SPONSORSHIP OF AN ETHNIC INITIATIVE LEGAL? In 1978, OHA was created as a constimtional ethnic entity to formulate policy and manage Hawaiian resources. As advocates and facilitators. the constimtion gave OHA beneficiaries "the authority to govern

itself." GIVEN ULTIMATE CONTROL OVER OUR ASSETS AND FUTURE, BENEFICIARIES VESTED THEIR AUTHORITY IN 9-ELECTED TRUSTEES, answerable and accountable to their oversight scrutiny. No committee, administrator or INDIVIDUAL WAS GIVEN OVERRIDING AUTHORITY. The Legislature was directed to concurrently conduct OHA's separate election with its own to minimize costs. The LEGISLATURE was mandated to construct enabling statutes to implemenl OHA as a SEPARATE CONSTITUTIONAL BODY (HRS 10). In 1987 the Supreme Court affumed the constitutionality of this Hawaiian governmental subdivision. Circuit Court Judge Huddy ruled OHA TO BE INDEPENDENT FROM ALL THREE BRANCHES OF GOVERNMENT. The euphoric, self determining status was short lived. Legislative erosion of the beneficiary's authority began soon after Act 304 awarded OHA mi!lions in land revenue back payments. In that same year, HRS 10-12, was amended to give the Administration THE hiring power to circumvent the BOT. The Legislators again by-passed OHA IN 1993 WITH act 359. THE HAWAIIAN ADVISORY SOVEREIGNTY COMMISSION AN APPOINTED BODY, was created to facilitate the effons of Hawaiians to be govemed as an indigenous sovereign nation. IN 1994, legislators changed Act 359 to Act 200. THE HAWAIIAN SOVEREIGNTY ELECTIONS COUNCIL (HSEC) was bom. Waihee appointees, justified as club members (71 percent of Hawaiians do not belong to any club) disregarded benetlciary elective authority. The HSEC creation became a legislative eleelion. The controversy escalated, fran-

tic legislators revised Act 200 and a recycled HB 3773 emerged to justify the election by mail. why? • We have received no verified voting list. • 11 the question we will answer is, SHALL THE HAWAIIAN PEOPLE ELECT DELEGATES TO PROPOSE A NATIVE HAWAIIAN GOVERNMENT, and if 3773 gives HSEC the POWER TO ESTABLISH THE ELIGIBILITY OF DELEGATES, should we not know the qual-

ifications before we vote? THE RUSH AND INFORMATION void is SUSPECT! JULY 15. 1996 ... Registration ends JULY 1, 1996 .... Ballot Mailing August 15, 1996 Deadline for ballot receipt September 2, 1996 Vote results announced. •THE TIME FRAME IS TOO SHORT to clear the confusion. What's behind this e!ection? WHY

NOT more OHA beneficiary involvement? OHA IS a constitutional creation. OHA IS the only Hawaiian entity controlled by Beneficiaries OHA IS EXEMPT FROM executive or legislative imposition. WHY IS THE LEGISLATURE TAKING OVER? IS THIS LEGISLAT1VE HSEC CONDUCT OF AN ETHNIC ELECTION LEGAL? IS HSEC a wedge TO replace Beneficiary control? WHAT HAWAIIAN WILL THIS ELECTION SERVE? ARE THE POACHINGLEGISLATORS AFRAID OF LOSING CONTROL TO A BENEFICIARY TRUST? WHY is the leg. (McCartney's Resolution 244) creating task forces to advise OHA? Who are these Hui Imi's appointed to oversee? This is the purview of beneficiaries.Why are beneficiaries being supplanted and not consulted? īnouye submitted a Fed bill S. 479 to QUALIFY HAWAĪĪANS AS AN INDIAN Tribe answerable to Sec. of Interior. HE DĪD NOT ASK US. Some OHA Tmstees met with Inouye. But no report has been received by beneficiaries or the outcaste Tmstees Are the State and the Congress determining our self determination? WHAT HAPPENED TO OUR CONSTITUTIONAL MANDATE? BENEFICIARIES MUST RISE TO STOP THIS bizarre scheme. Beneficiaries cannot relinquish control. It isn't a goldilocks who's stealthily dipping into our porridge, it's the GREEDY POLITICIANS, HAWAIIANS INCLUDED. THE SOLUnON? FILE AN INJUNCTION TO STOP THE VOTE. ESTABLISH THAT BENEFICIARIES ARE IN CHARGE and want more information.