Ka Wai Ola - Office of Hawaiian Affairs, Volume 15, Number 10, 1 October 1998 — Page 22 Advertisements Column 1 [ADVERTISEMENT]

P A I D ADVERTISEMENT

enee, cultural, and religious purposes. Rights of native tenants shall not be abridged. POSITION. water rights. The traditional and customary rights possessed by Native Hawaiians and their descendants to harvest, cultivate, and propagate from the streams and their ecosystems, traditional food staples including, but not limited to, hihiwai, "ōpae, 'o'opu, ho'i'ō, and limu shall not be abridged. When the exercise of Native Hawaiian water rights is abridged by the reduction of surface water or ground water resources either through stream alteration or diversion or by well drilling, corrective action shall be taken wherever possible to -restore such resources. The right to maintain stream flows and watercourses of the archipelago for subsistence, medicinal, cultural, and religious purposes shall not be abridged. Native Hawaiians and their descendants shall also have the right to drinking water, running water, ground water and rain water, and this shall be free to all Native Hawaiians on all lands of the archipelago.

returned to the jurisdiction of the Hawaiian people. The American government must pay for the complete elean up of toxic wastes, unexploded ordnances, and other dangerous substances deposited by them upon these lands, sea, and sky. The American government must immediately remove all nuclear weapons, nuclear submarines, and stored nuclear wastes from Hawai'i. Thereafter, the American government may negotiate with the Hawaiian people to pay for the use of certain mutually agreed upon lands. Lhe LLm^iHonae Practice and Custom of 9{ative Lenane^ PRINCIPLE. From the beginning of time Native Hawaiians have always had the ancient right, enunciated in what is now known as the "Kanawai Mamāla Hoe," of people in need - the old, the poor, and the orphan - to lie down by the side of the road, unmolested by any greater power. The kaona, or the deeper meaning, of this law is revealed in the traditional konohiki custom of allowing Native Hawaiians and their descendants the right to live freely on any open land where no one else has built a house or made a farm. Since the Hawaiian word for land is 'āina, literally from that whieh one eats, we understand thereby that land was a source of food to whieh all Native Hawaiians and their descendants should have access to survive. We also know from custom and practice that it takes a minimum of ten (10) acres of land to feed a Hawaiian iyPOSITION. hawaiian trust lands for purposes of homes teading. Hawaiian Trust Lands should include, but not be limited to, the existing 2 million acres of land currently being claimed by Native Hawaiians, including Hawaiian Home Lands, and the Ceded Land Trust. While lands may be added to these 2 million acres, the Hawaiian Trust Lands base should never be diminished, even by a single acre, less than the original 2 million. POSITION. usufruct rights. Native Hawaiians and their descendants shall have the customary right of native tenants to farm any undeveloped land and to build a house adjacent to the farm anywhere in the Hawaiian archipelago, so long as that land is among Hawaiian National Lands whieh include Hawaiian Trust Lands and is not privately-owned.

These homesteads should consist of a minimum of ten acres and should be made available to all Native Hawaiians and their descendants of any blood quantum, whether residing in the Hawaiian archipelago or outside of Hawai'i who wish to return home. The land under such homesteads shall be unalienahle and forever owned by the Hawaiian Nation. However, such homesteads shall be leased in perpetuity to any Hawaiian family so long as they or their descendants choose to work that parcel of land or to live upon it. This is a fimdamental right of all Native Hawaiians and of their descendants. POSITION. rights to stay from eviction. Native Hawaiians and their descendants, by virtue of their genealogieal relationship with the land and their position as the the first people of the Hawaiian archipelago, should never be evicted from any Hawaiian Trust Lands - especially from Hawaiian Home Lands - so long as they have shown serious intent by a one year residency, and so long as they have not contravened Hawaiian law.

Sovertiflntij and SeCf-determination

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PRINCIPLE. Hawaiians have the inherent right of sovereignty, and the right to freely pursue self-determination. POSITION. To assure these rights, we eall for an end to the policies and practices of wardship. Ihe !Right of SeCf-deternwiation PRINCIPLE. The indigenous Native Hawaiian people never directly relinquished their claims to their inherent sovereignty and their national lands. POSITION. We oppose any attempt by the federal and state government and/or their agencies to regulate, control, interfere, erode and/or to diminish our right to sovereignty. For example, we will educate ourselves on the definition and relevance of a "de facto government" versus a "de jure government" and its ability to protect the rights given to us by Nā Akua and our ancestors. The strength and ability of a people to freely determine the form and nature of their self-goverment requires they accept the responsibility of educating themselves on the different forms of governanee.

9{ative !Haivaiian Land C[aims PRINCIPLE. Nationhood and the fullest expression of sovereign powers are pilialoha with the 'āina. The recognition of the inherent and vested right and exercise of sovereignty by the Hawaiian people is inseparable from the restoration and renewal of a distinct and traditional territorial jurisdiction of the nation and its powers. POSITION. The crown, government and puhlie lands of the Kingdom of Hawai'i, along with all traditional and customary appurtenant rights, are claimed and to be held in trust for the Hawaiian nation. federaC Lands PRINCIPLE. The "Apology Bill" (Puhlie Law 103-150) signed by President Clinton in November 1993 admitted that the 1893 American military invasion of Hawai'i was an illegal action against a friendly constitutional monarchy and democratic government, and that nearly 2 million acres of former puhlie, Crown and Government Lands were taken "without the consent of or compensation to" the Hawaiian people, and also called for reconciliation with the Hawaiian people. POSITION. lands held by the american miutary and federal government. As part of the reconciliation called for in the 1993 Apology Law, title to all lands currently held by the American military and federal government shall be

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Sovereign <Powers PRINCIPLE. As an inherent and vested right, the nature, form, and structure of self-government to express and embody this sovereignty is not a delegation of power from any other sovereign, but arises from the will, ehoiee and shared history of the Hawaiian people and their trust and respect for Nā Akua, for the traditions and customs of nā kūpima kahiko, : and for eaeh other.