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Protecting the ‘aina is a priority for Maui Representative

Sunday, February 22nd, 2009

When the Hawai‘i Supreme Court ordered that there be an injunction to prevent the State from selling “ceded lands” from the public land trust last year, the Justices correctly acknowledged the State’s fiduciary duty to preserve those lands until the unrelinquished claims of Native Hawaiians have been resolved.

The Hawai‘i Supreme Court, citing the 1993 Apology Resolution by Congress as well as State legislation, said that given the crucial importance of the ‘aina to the Native Hawaiian people and their culture, their religion, their economic self-sufficiency, and their sense of personal and community well-being, any further diminishment of the “ceded lands” from the public lands trust will negatively impact the contemplated reconciliation and settlement efforts between native Hawaiians and the State.

It is imperative not just for native Hawaiians, but all of Hawai‘i’s people that a moratorium on the selling of “ceded lands” remain in place to preserve this process of reconciliation.

As Chairwoman of the House Hawaiian Affairs Committee and Chairwoman of the Legislative Hawaiian Caucus, which consists of six State Senators and 22 State Representatives, I have kept an open and transparent discussion to educate lawmakers on the cultural, emotional, and inherent significance of these “ceded lands” to the Hawaiian people.

In late January 2009, the Caucus supported a full moratorium on the selling of “ceded lands” and introduced a bill that became the Caucus’ priority as part of a legislative package.

I have also provided an ongoing forum through the Caucus “Kukakuka” meetings as well as heard and passed out measures to address the moratorium issue, which involved the public in the discourse and allowed lawmakers to hear arguments from different sides of the “ceded lands” debate.

With the start of the 2009 Legislative Session, I’ve had discussions with Gov. Linda Lingle, Attorney General Mark Bennett, Department of Hawaiian Home Lands Chair Micah Kane, Office of Hawaiian Affairs Trustees Haunani Apoliana, Walter Heen, Oswald Ostender, Collette Machado, and Robert Lindsey, OHA’s Administrator Clyde Namu‘o as well as OHA’s attorney Bill Maheula, regarding the appeal to the U.S. Supreme Court on “ceded lands.”

Other members of the Hawaiian community who I had discussions with about the moratorium are the Royal Order of Kamehameha Ali‘i Nui Clifford Hashimoto and members, Hawai‘i attorney Sherry Broder, The Reinstated Hawaiian Government Prime Minister Henry Noa, Aha Kiole Representatives, Association of Hawaiian Civics Clubs President Leimomi Kahn, Hula Kumu Vicky Takamine-Holt of Iliuokalani and many, many others.

The legislative fight for a moratorium is one that has united kupuna, native Hawaiians, lawmakers, communities, and activists from across the state. The resounding support to bar the selling of “ceded lands” until the reconciliation process can take place is not simply there to institute a legal measure. The powerful emotions and voices that have emerged from our Kukakuka with Hawai‘i’s community reflect the willingness of Hawai‘i’s people to continue to move forward with this healing process and to protect the lands for future generations.

Not as Crazy as it Looks

Monday, February 9th, 2009

It seems that every session, legislative observers look for unusual bills that eventually get unexpected public attention. Last session it was The Aspartame Bill, this session it may be The Pit Bull Bill. Briefly, The Aspartame Bill would have banned all food products containing the artificial sweetener aspartame, found in such products as diet soft drinks, sugar free gums and candies, and the packaged sweetener Equal. It is known by its brand name, NutraSweet. It didn’t survive.

The Pit Bull Bill, this year’s SB79, would make it a misdemeanor to own or sell a pit bull dog. It has been getting fresh attention because of some recent incidents on O‘ahu involving pit bull bites. Needless to say, many of us have gotten calls and emails from people on both sides of the issue, some of whom thought the bill has already passed. It hasn’t, and it has little chance of making it very far.
Whatever these bills’ individual merits, their introduction and progress through the session offer important lessons on the legislative process and community involvement.

First, both bills show how residents with particular concerns can gain entry into the system. I introduced the aspartame bill last session "by request," as did Senate President Colleen Hanabusa this session with the pit bull bill. “By request” refers to a bill that a group or individual has asked a legislator to introduce, and that the requestor will support through the process.

Hawai‘i law does not include a form of initiative or referendum that allows citizens direct access to the legislative process. As a result, "by request" or "BR" bills represent a rare opportunity for interested citizens to propose legislation. This session, sixteen Senators have introduced over 425 bills by request, covering a broad range of topics. Also among those bills are laws proposed by the Governor’s office, the State Judiciary, and the mayors of Hawai‘i’s four counties.

The fact that a bill may represent an idea outside the public mainstream does not mean it does not warrant introduction. The broader idea behind the aspartame bill was that we need to be attentive to our food supply. The pit bull bill reminded us of our concern for safety, and the fact that we may face unexpected dangers. The bills also illustrate how quickly an idea can enter the public consciousness. Last year the aspartame bill got a hearing, which is not true for every bill introduced. The pit bull bill suddenly seemed prescient when two incidents involving the breed occurred on the very day that a story about the bill appeared in a daily newspaper.

Experience has shown that a new idea can take two to three years to move to the forefront. Perhaps deeper concerns about the quality of our foods and owners’ liability for their animals may be on their way into the broad public consciousness.
The thing to keep in mind is that the process of introducing bills by request gives those with emerging concerns a chance to bring them into the public arena, where they may seem less…unusual…down the road.

Makahiki 2009

Wednesday, February 4th, 2009

By Kanoe Davis

Lonoikamakahiki! Lonoikamakahiki! Lonoikamakahiki! These are the words that are shared amongst individuals who celebrate the Lono season where the rise of the Makali'i star marks the time to honor an Akua who brings life and peace to the 'aina.

For many, Makahiki never ends. Harvesting and cultivating food is a year round responsibility for many farmers and for many it’s a lifestyle not brought by any season.

What makes this time of the year significant is that it was kapu to make war which allowed people a time to appreciate and take care of what they had so that they could replenish what they were missing. It was also a time of celebration when the ruling chiefs showed their aloha to Lono by offering their best vegetation and gifts from their ahupua'a. In return they asked for the rains of Lono to nurture their gardens and to strengthen their relationship with the land.

Some of the kinolau, or body forms of Lono can be seen as kukui, kumu, `aweoweo, black pig, certain kalo and niu, laua`e, `a`ali`i, and other varieties of lau.

Now that the makahiki season has come to an end, Molokai celebrates with an opening and closing ceremony that is shared by many of the children and community members of Molokai as well as those from the outer islands including O'ahu, Kaua'i, and the Big Island.

Aside from the protocols held by Makahiki coordinators, many practitioners here still honor Lono through ceremony and pay respect for their ahupua`a. Each land section had a significant site or ahupua`a that bordered or marked their `aina. It is at this place that Lono visits and where those of the ahupua`a give their ho`okupu.

An akualoa or image of Lono is held up high and walked alongside the land; upon his passing, games are played amongst the people and it is a great time to sharpen skills, to compete and to find the strongest competitor within the ahupua`a. If war was about, there would be no time to play or hone one’s skills making this season very important to the ali`i.

As we enter the season of Ku where the production and the outcomes are reflections of the Lono season, I share with you my mana`o. If I have offended anyone that is not my intention. Mahalo for allowing me to share and until the next rise of the Makali`i, LONOIKAMAKAHIKI!

US Coast Guard Support to the Ka Molokai Makahiki

Monday, January 26th, 2009

US Coast Guard Support to the Ka Molokai Makahiki

Submitted by Diane Roloson, Flotilla Commander, Flotilla 25, Molokai, USCG Auxiliary

The crew of the US Coast Guard Cutter Kittiwake, an 87 foot coastal patrol boat, stationed in Nawiliwili, Kauai is scheduled to participate in the Ka Molokai Makahiki Games this weekend. The Kittiwake's Commanding Officer, LtJG Gordon Hood , has indicated that the Kittiwake will be open for tours to Molokai residents on Saturday morning and afternoon starting on the hour at 9AM until 3PM. Please stop by the harbor and visit and learn more about the Coast Guard Ohana in Hawaii. Additionally, the 47 ft patrol boat and its crew from US Coast Guard Station Maui in Maalaea also expects to be here and participate in the games. The USCG participants in the Ka Molokai Makahiki are supported in part by your local Molokai US Coast Guard Auxiliary Flotilla. The flotilla is active in promoting recreational boating safety in Molokai through public education and vessel safety checks, completing projects in support of the State of Hawaii Harbors Dept and other state and federal agencies, and facilitating USCG mariner documentation and licensing. Call 553-5503 for more information about the auxiliary and its missions.

Uncle Benny Featured in Oil

Friday, January 23rd, 2009

Uncle Benny Featured in OilMolokai Artist Honored at the Schaefer Portrait Challenge
By Siri Anderson


Molokai was well represented at the Maui Arts and Cultural Center’s signature exhibit, the Schaefer Portrait Challenge 2009.  Moloka’i artist, Stephen Garnin, was recently honored to have two portraits accepted for this prestigious statewide exhibition.  Jurors, including prominent and distinguished artists and academics Maile Andrade, David Behlke, Kimberlin Blackburn and Wayne Miyamoto, culled through hundreds of works of art to select fifty six portraits that represent a focus on “what really matters-the people in our lives: our family, friends, community”.

Steve’s portrayal of Benny Deluna captures the spirit and essence of a favorite son of Moloka’i.  Benny is vividly rendered in two different poses.  “Uncle Benny” features him with familiar ukulele in hand, intensely concentrating on making music, giving our Molokai community and friends much joy and laughter.  The other portrait shows Benny expressing aloha with his characteristic “shaka sign” in the cab of his truck.  It captures our interest because of the sophisticated geometric composition framing Benny.
    
The artist says “Uncle Benny Deluna is the embodiment of the Moloka’i character and lifestyle, and a personification of the aloha spirit.  His ukulele comes out, as if by magic, his voice ringing with homespun local animation and sincerity.  When I asked Benny to pose, his reaction was one of humility and surprise.  He has been incredulous throughout…which says much about him.  I am proud to have the opportunity to paint his portrait.”

Steve moved to Moloka’i to create art. He is a self taught artist now making art his life’s work. Specializing in both painting and wood carving, he recently completed a full sized canoe crafted from a local mango tree.  His “magical study” of woodcarver Bill Kapuni was exhibited during the last Schaefer Portrait Challenge in 2006.  

During our challenging economic times, it’s inspiring and encouraging to see artists recognized and celebrated through the Schaefer Portrait Challenge.  During the recognition assembly held on January 4, Maui artist Rich Hevner, received the Jurors’ Choice Award, with a cash prize of $15,000, the largest cash award in Hawaii art history.  The Marian Freeman People’s Choice Award, with a cash prize of $5,000., will be presented at the end of the exhibition.  Portraiture evokes a glimpse into the heart of someone-of the individual as seen through the artist’s eyes.  Beyond technical excellence, the competition required that the portrait convey the essence of the subject.

Both the artist and subject traveled to the Maui Arts and Cultural Center to be recognized and honored at the January 4th reception.

The exhibit will be on display from January 6 through February 22 at the Schaefer International Gallery.  Later this spring it will travel to The Contemporary Museum’s First Hawaiian Center in Honolulu where it will be shown from May 29 through September 8.

Adressing the Current Economic Conditions

Friday, January 23rd, 2009

As families and businesses on Moloka‘i are reviewing their finances, our Administration is moving ahead with a comprehensive, five-point plan to strengthen the local economy.

A key component of the plan is to invest in improvements to our infrastructure and state facilities.

Over the next 18 months, we intend to invest more than $1.8 billion into an estimated 1,500 major improvement projects statewide.

Among them are 35 infrastructure projects set to begin on Moloka‘i.

They include the improvements planned for the Kalaupapa Settlement Harbor Facility. The cost of this project is estimated at $925,303.

Also, roughly $405,000 in various improvements are planned for the Kalaupapa Settlement Nursing Facility. Construction is scheduled to start in February.

Then, there are the improvements to the Moloka‘i Airport Aircraft Rescue and Fire Fighting Station. That is an estimated $6.3 million project.

On top of all that are the renovations planned for the ferry system at Kaunakakai Harbor. The estimated cost of that project is $6.4 million.

These are all infrastructure projects that have been budgeted, approved by the Hawai‘i Legislature and are ready to start construction.

These projects are also a critical part of our Administration’s five-point plan to stimulate the economy by creating jobs.

Other components of the five-point plan are: increasing tourism outreach and marketing; lowering business fees and providing tax relief; attracting private investments in such industries as renewable energy; and maximizing federal dollars and partnerships.

As for the infrastructure projects, Moloka‘i residents are encouraged to track their progress online at www.hawaii.gov/CIP.

Such details as estimated start dates, contractors who have been awarded the projects, and status of required permits are just a click away on our Administration’s website. By putting the projects online and updating the public on their status in a timely manner, we believe this approach keeps the pressure on us to ensure that these projects are making headway.

While the current economic conditions have prompted our Administration to demand a hiring freeze and across the-the-board cuts, we are confident that these challenges can become opportunities for our state.   

Ku i Ka Pono

Friday, January 23rd, 2009

 Thousands march to protect Hawaiian Lands

Marking the 116th anniversary of the illegal over throw of the Hawaiian kingdom, a parade of several thousand participants wearing red shirts made their way down Kalakaua Avenue in Honolulu last Saturday.  Carrying signs and bearing Hawaiian flags, a clear statement was made in what appears to be a unified front that “Native Hawaiians do no support Governor Lingle's decision to appeal the Hawai'i Supreme Court ruling which prohibits the state from transferring or selling ceded lands pending unresolved claims by Native Hawaiians”.

The issue of ceded lands is no doubt complex but at the very heart of the issue lies the question of the very legitimacy of ceded lands. According to American law, lands can only be ceded or “cessed” from one country to another by treaty of annexation. Keeping in mind that Hawaii was an independent sovereign nation at the time, Hawaii would have had to agree to such a treaty, of which no record exists.

As history would reveal, following two failed attempts of annexation, the US finally occupied Hawaii, out of what it felt was necessity, during the Spanish American war. According to American military law and laws established by the Geneva conference, occupation by a foreign country does not give the occupier the right to cede what were referred to at that time in Hawaii as “Government” or “Crown” Lands. A modern day example of the application of these laws is the American occupation in Iraq which in no way allows the US to deny the sovereignty of Iraq or allow for the cession or transfer of Iraq government lands.  

Both the territory of Hawaii and State of Hawaii went on to assume the original legitimacy of the cession of these lands, an issue which is being seriously challenged in our current time. Further giving credit to the challenges being made by Native Hawaiians is the 1993 Apology Resolution which recognizes that Native Hawaiians have unrelinquished claims to ceded lands.

Governor  Lingle has stated that her administration will not drop the U.S. Supreme Court appeal, claiming that the state does possess the legal claim to these ceded lands and that the state recognizes  the ceded lands to belong to all of the people of the state, not just Native Hawaiians.

Lingle noted that it was Gov. John Waihee, a native Hawaiian, who wanted to sell the former monarchy lands as part of an affordable housing development and that the proposed sale by Gov. Waihee is what finally led to the lawsuit that is now before the U.S. Supreme Court.

Saturday’s event entitled Ku I Ka Pono (Stand for righteousness) included food, good music and Hula performed by several halau, honoring the events of the past and in honor of Queen Lili’uokalani. Also present were several key speakers including OHA Chair Haunani Apoliona, Representative Mele Carrol, Senator Clayton Hee and Molokai’s Walter Ritte as well as many other speakers of diverse backgrounds, all resounding this message in unison.

Senator Hee made a point of reminding the participants that unless people stepped out and let their voice be heard, this action being pursued by Governor Lingle would ultimately lead to the state’s ability to sell over one million acres of what are being referred to as “Ceded Lands” and that these sales could take place without resolving Native Hawaiian claims.

One sign carried by a protester read "This ain't Lingle Land." On a somewhat humorous note and imitating a recent event in the Middle East, demonstrators threw rubber slippers at a large

Paka`a’s Potato Fields

Sunday, January 18th, 2009

In the previous episode of the Paka`a legend, we learned about Paka`a’s time on the west end of Molokai and the origin of several of the place names there.  But, with a typo, a mistake was made. It should have been I`oli as the apana and hilltop, not Ilio.  
 
Different authors provide a diverse perspective of Paka`a.  Most present Paka`a as a man ousted from political power who goes into exile to save his life.  However, Samuel Kamakau’s view is less flattering.  He says that Paka`a deserts Keawenuiaumi, his lord, which creates trouble.   Yet, Kamakau still acknowledges Paka`a as one of the ali`i’s favorites, which is why he sets out to look for Paka`a.  
 
Kamakau’s version tells us that Keawenuiaumi’s people had heard of a man at Kalua Koi who might be Paka`a.  In addition, Paka`a gets word that Keawenuiaumi is seeking him. It is afterward that Paka`a and Keawenuiaumi dream of each other. Then they begin their respective preparations for a future meeting.

Don’t Turn the Cats Loose

Thursday, January 15th, 2009

Drawn to the natural beauty of the Hawaiian Islands and a desire to explore a less tourist-filled spot, my husband and I visited Molokai in 2000.  That was by far one of our most memorable trips.  We rode mules down the mountain and visited some wonderful birding hotspots.  Knowing what a special place Molokai is, I am saddened when I read how some folks feel that the best solution for feral cats is to alter and release them back to the wild.

Employing a non-native, invasive predator to control a problem species can have unintended serious consequences.  A good example of this is the introduction of the mongoose to the islands of Hawaii.  Instead of controlling non-native rats, the mongoose preyed upon native nene birds and ate nene eggs and young.  This endemic Hawaiian goose faced extinction due to relentless predation by the mongoose and other non-native mammals, as well as habitat destruction and hunting.  Fortunately, a long-running captive breeding effort and predator control have reversed this near tragedy.  But, what about the impact of the domestic cat?

Molokai, a Model of Inspiration

Thursday, January 8th, 2009

I vacationed at Kaluakoi three times in the recent past. For me, Molokai has been a remarkable discovery -- one of the last "real" places left on this planet, populated by charming, "real" people. 

I'm sure you know that Kaluakoi has become a cause célebre, which has been written up three times in the NY Times alone in the past year. To many readers, it is the story of David & Goliath, or the little man versus the corporate giant.


I believe it is enormously courageous and inspiring what the Molokai people have done. I hope they hold fast, because a lot of people everywhere are looking to them as a model of what it means to choose honor and the preservation of your identity in the face of inducements and threats from the forces of corporate evil.