Ka Wai Ola - Office of Hawaiian Affairs, Volume 32, Number 12, 1 December 2015 — Native Hawaiian Law forges path for indigenous people [ARTICLE+ILLUSTRATION]

Native Hawaiian Law forges path for indigenous people

Kapua Spnoat of UH Law School hononeel lntepnationally By Francine Kananionapua Murray Kapua'ala Sproat is the recipient of the IUCN Academy of Environmental Law's 2015 Distinguished Environmental Law Education Award in its Emerging Scholars Category. "It's hugely humbling and was a complete surprise," said Sproat, an Associate Professor of the Ka Huli Ao Center for Excellence in Native

Hawaiian Law at the William S . Richardson School of Law. "I've known about the award because the IUCN

(International Union for Conservation of Nature) is the oldest world environmental network that there is. And, I was surprised when I heard that I was nom-

inated, but I didn't think that I would

be in the running because people that win it are really important. And so, I was really shocked." The awards were announced at the 13th Annual Colloquium Dinner held at Atma Jaya Catholic University in Jakarta, Indonesia. Sproat was not able to attend and learned that she had won when her friends started texting congratulations to her. Grateful for the great honor she says, "I think it's really important. Not just for me but for the Ka Huli Ao Center, because I think it really elevates Native Hawaiian law to a whole new level in the international arena." The IUCN is the world authority on the environment and sustainable development and has more than 1,200 member organizations in some 185 countries. It acknowledged Sproat's innovative Environmental Law Clinic in whieh free legal advice and assistance is provided to Native Hawaiian people in need, while law students assist in the elinie learning and experiencing hands-on legal work with real people. "It's one thing to read a book, review a case and answer the teacher's questions in a classroom," Sproat said. "It's completely different to have a

elinie experience where you actually have to leam and master the law, and be able to integrate that, meet with real clients who are grappling with real issues in their lives and be able to apply the skills and knowledge that you have learned to resolve their issues, because sometimes the problems that the folks in our community struggle with don't have driven legal answers." It might be a combination of poliheal, legal, outreach or other things and in the elinie they try to craft something that will best address the community's needs and concerns. Since Sproat started teaching at the law school in 2007 she has directed the Environmental Law elinie, the first such elinie at the Law School. Now, there are several with differing focuses. In 20 1 1, Office of Hawaiian Affairs approached the Ka Huli Ao Center for Excellence in Native Hawaiian Law to help OHA beneficiaries involved in the Bartell v. Heirs orAssigns ofManuela case. The partnership heeame the A'o Aku A'o Mai Initiative, whieh involved attempts to clear title to Native Hawaiian ancestral land on Moloka'i. In that case, more than twenty OHA beneficiaries were named as defendants and contacted OHA

for legal assistance. In turn, OHA contracted with Ka Huli Ao to assist these and other beneficiaries through its Environmental Law and Native Hawaiian Rights Clinics. "During the initiative's first two years, our eollective efforts yielded significant direct services for OHA's beneficiaries," said Sproat. "Over the

course of four semesters, law students enrolled in both clinics assisted 156 pro se defendants (individuals representing themselves in a court case without the assistance of an attorney) and their 'ohana in two different cases, published E 'Onipa'a I Ke Kūlaiwi: A Legal Primerfor Quiet Title and Partition Law in Hawai'i, and facilitated thirteen workshops on the Quiet Title and Partition Process and the primer in particular. In addition, the initiative trained roughly 40 law students in these areas of law." Due to its success and strong partnerships, the initiative has expanded to assist Native Hawaiians through free training, the distribution of legal primers, and direct legal assistance on a range of topics. "Over the last two years, we believe the initiative has directly assisted or trained nearly 500 individuals on all of Hawai'i's major islands, most of whom are OHA beneficiaries," said Sproat. Since 2011 the law elinie has received $650,000 from the

Office of Hawaiian Affairs for training, travel, and direct legal services for Hawaiians in Hawai'i's rural communities. "The teaching of and the way that the course is done was certainly one consideration" for the international award, Sproat explained. "But I think a major consideration was also the evolution and recognition of Native Hawaiian law and puhlieation of the Treatise, whieh was really a big deal. It is the only resource of its kind in the world, and it elevates Native Hawaiian law to a new kind of stature and shows the potential and possibility for other native people around the world." Melody Kapilialoha MacKenzie, the editor-in-chief of Native Hawaiian Law -A Treatise has been working on the 1400-page text since 2000, with Sproat working on it for the last eight years. It was published in early 2015. The book examines the events, litigation, regulations and movements that have lead to the body of laws that affect the Native Hawaiian community. To learn more about the Native Hawaiian Law -A Treatise visit www.kamehamehapublishing. org/nativehawaiianlaw. ■

LAND & WATER

Kapua Sproat

Above, Environmental Law Clinicians provide information and other assistance to Nō Wai 'Ehū community members. - Photos: Courtesy ofKaHuliAo

Left, Environmental Law Clinicians, volunteers, and community members gather next to the Waihe'e River.