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Capitol View
By Richard Borreca
Wednesday, October 18, 2000

Voting while Hawaiian

The award for best question of the presidential debate series goes to CNN's Bernard Shaw, who quizzed the vice presidential candidates.

"Imagine yourself an African American. You become the target of racial profiling, either while walking or driving. African-American Joseph Lieberman (and Richard Cheney), what would you do about it?" Shaw asked.

The exercise forced the pair to dig a little deeper. This was something not covered in the play book.

Lieberman said he'd be outraged and recalled, "I just had a friend a while ago, Bernie, who works in the government, works at the White House, African American, stopped, surrounded by police, for no other cause than anyone can determine than the color of his skin. That can't be in America anymore."

Cheney honestly said he didn't know. "I've been part of the majority and never been part of a minority group. But it has to be a horrible experience," he told Shaw.

"It's the sense of anger and frustration and rage that would go with knowing that the only reason you were stopped, the only reason you were arrested, was because of your color of your skin would make me extraordinarily angry," Cheney added.

Racial stereotyping doesn't end at the water's edge at Honolulu harbor. I know a perfectly well-employed, college-educated, professional woman, who happens to be Hawaiian who uses both hands to tick off the number of times she has been asked for her welfare card or food stamps when standing in the checkout line.

I was shocked when she first told me that and then angry when she added that it happens to her friends who are Hawaiian.

On the mainland, the phrase is "DWB" -- driving while black. In the islands, the acronym might be "SWH" -- shopping while Hawaiian. And, I'd wager there is good case for a DWYAH category for people who are hassled
for "driving while young and Hawaiian."

Thinking about how we all relate, and how we view each other will become more important now that the U.S. Supreme Court has clarified the rights of Hawaii's voters.

If part of the mark of civilization is the ability to walk a mile in someone else's slippers, we all get a shot at it in two weeks when we vote in the Office of Hawaiian Affairs election.

In past elections, OHA voters have been one of the few bright spots in Hawaii's dismal voting record. As interest in elections and voting wanes, OHA voters are a new source of electoral interest.

ONE survey claims that newly registered OHA voters are 40 percent more likely to vote than other voters.

Now, because the Rice vs. Cayetano decision opens the OHA election to all voters, and the following decision to allow non-Hawaiians to be OHA trustees, the election base is changed.

For some, it will seem that the "tyranny of the majority" will claim another victim as the majority of non-Hawaiian voters bend and distort the views of the Hawaiian minority.

What that means to the sovereignty movement is unknown. It is probably a setback, but any advances will be all the stronger because they will have come from a board that is more representative of the entire state.

For all voters, however, this election forces us all to at least imagine what it is like to be of the land of Hawaii and vote accordingly.

Richard Borreca reports on Hawaii's politics every Wednesday. He can be reached by e-mail at rborreca@starbulletin.com

this was forwarded to me by my mentor. it's a hawaiian woman friend of his who wrote this.


"Are you sure sweetheart that you want to be well?... Just so's you're sure, sweetheart, and ready to be healed, cause wholeness is no trifling matter."
--Toni Cade Bambara, The Salt Eaters

"Are you sure, sweetheart, that you want to be well?" is the question that Toni has asked us, and some days I am not so sure. How do we become well, what in our histories has ever prepared us? We follow the hint of wholeness down its faint echoing paths, double back lost and confused, trying to keep moving. I never understood how others seemed to think the ground beneath their feet was so solid, how casually they assumed their connection to an origin.

I am a woman on the edge, dancing with a blade of knife-edged anger --- a woman who is afraid to tell the truth, whose stomach hurts, whose nerves are shot.

Tears crawl up the back of my throat. I am a woman who wants to go home but never figured our where it is or why to go there.

I've lost the words to chant my bloodlines
my blood speaks to me in tongues of fire, memory muttering
just outside what I can hear, the history of unrecorded choices,
unremembered fear.

I have to go back to places I have never been because a song sings eerily in my bones, because the knot in my chest will never otherwise be eased, because I am coming closer, closer to my oldest truth, to the face of my great-grandmother holding me up in her arms against the Arizona sun, singing to me of the sea, imprinting the shame, the homesick longing, changing the shape of my cells, my body, my bloodlines.

Writing these words I have intense bursts of insomnia, lie in bed, head aching, to watch the dawn come through the windows. My body buzzes with anxiety and I can't shake the feeling that something really bad is about to happen any minute. I was never supposed to tell. The generations sitting on my neck cover my ears, smother my voice --- "Be quiet you...No make shame."

I am irrevocably guilty of speaking what was never to be spoken and I am haunted by the fear that I will die for this transgression. Someone will kill me, someone will leave me. Dead, lost, forlorn.

In one session I tell my therapist "It feels so surreal, like I'm making all this up." She looks at me levelly, "Are you?" The speed and firmness of my response surprises me, "No."

My truths are always so much stranger than fiction.

lisa kahaleole chang hall... from "Eating Salt"

The Ahupua`a Model for Restoring Justice through Environmental Restoration

Index

Unto the Least

Restorative Justice: Fundamental Principles

RJ Action Plan

Links

Unto the Least...Restoring Justice Through Community Service

There is a revolution emerging within the criminal justice system---it is called the Restorative Justice movement. It is principle-based strategy based on the belief that "crime is primarily an offense against human relationships and secondarily a violation of a law (since laws are written to protect safety and fairness in human relationships)". RJ principles originated in dealing with offenders within the criminal justice system but is now being recognized as applicable to a broader range of programs to clients in other social service areas such as welfare-to-work and character education in our schools. Volunteers can play a special role by serving as mentors and role models in partnership programs with these agencies and their clients.

Article IX of the State Constitution lays the foundation for our laws on Public Health and Welfare. It provides a broad mandate on matters related to health, disabled persons, public assistance, care for the elderly, housing, control of population growth, protection of places of historic and cultural importance and scenic beauty, promotion of a healthfulenvironment, protection of cultural resources and provisions for public safety. Section 10 on public safety immortalizes the most famous kanawai (sacred edict) of Kamehameha I: "The law of the splintered paddle, mamala-hoe kanawai, decreed by Kamehameha I--Let every elderly person, woman and child lie by the roadside in safety--shall be a unique and living symbol of the State's concern for public safety."

Hawaiian cultural traditions provide a firm foundation for the Restorative Justice movement in Hawai`i. Samuel Kamakau writes: "The sacred kanawai of the kings was a "refuge of life," he pu`uhonua ho`ola." (1991:17). He describes how Kamehameha used the Mamalahoa [sic] law to stop the slaughter at the battle of Nu`uanu. The sacred kanawai were used to save lives and fortunes. Captives in times of war "won not only life, but freedom also, to go where they pleased, or to return to their homes."

The sacred kanawai of the kings also extended to their lands in the concept of the pu`uhonua: "A place to which one could escape and be saved from being taken captive or from being put to death was called a pu`uhonua---a place of refuge. The king was called a pu`uhonuaso also were called his queen and his god. They were sacrosanct, and therefore their lands were sacrosanct, and were `aina pu`uhonua, lands of refugeThe concept (`ano) of pu`uhonua came down from ancient times, and pu`uhonua lands had always been observed. They were sacrosanct and inviolable lands; no blood of wrongdoers could be shed once they entered into these pu`uhonua lands." (Kamakau, p. 17-19)

These ancient principles were used during the Kingdom of Hawaii (1840-1893) to renew taro planting in Waikiki: "On the level land between what is now Kalakaua Avenue, Kapiolani Park, and the built-up section of Mo`ili`ili, lay one the most extensive area of wet-taro cultivation on Oahu. The lo`i were irrigated by water from Manoa and Palolo Streams, the lower courses of which formerly met in the midst of this great plantation.

This plantation was developed by one of the early ali`i of Oahu, Kalamakua, the grandfather of Kihapi`ilani of Maui, whose granddaughter married Umi-a-liloa, the great high chief who dwelt in Waipi`o Valley on Hawaii. In the newspaper Ku`oko`a of August 12, 1865, we read: "A good chief was Kalamakua, who was well known for his farming. He constructed the large taro patches of Keokea, Kualulua and Kalamanamana and others at Waikiki."

In an article published in the same newspaper on November 28, 1863, we learn of the renewal of planting in these lo`i by Kamehameha IV. Our King's project at Keokea, in Waikiki, is successful. The work in his taro patch, Keokea, was commenced the first of June, last, and finished on the 22nd of October, just passed. The taros are thriving from up at Keokea down to the shore, a pleasing sight to the eyes. The leaves are green and much admired by every one here in Waikiki. Our King had cultivated these huge taro patches before in years past. Many commoners and chiefs worked in them. All of this patch has not been worked in because of the great size and the toughness of the bulrushes. They defy the great number of workmen, the chiefs, and the sharpness of the spades. The work is very hard but the heart of our King is neither dismayed nor discouraged. He is determined to have his patches worked until the time, mentioned above, arrived. He raised the project of working in his patches and at the time, the honorable C. Kapa`akea, one of the chiefs, was placed in charge of the work and the prisoners. We admire the wisdom, the skill and thinking of the overseer in directing the prisoners as he saw fit, a usual procedure with overseers. So the will of his lord is done. We also admire Harry, one of the prison guards who were sent to take good care of the prisoners and their work. He encouraged them in their work and he minded all the words of the skillful overseer who told him what to do. He is to be admired for his good work with the prisoners. They are strong and the toughness of the bulrushes of Keokea are broken into small clods by the strength of the prisoners and the sharpness of the shovel." [Pukui translation] Native Planters in Old Hawaii, Their Life, Lore, and Environment, by Handy, Handy and Pukui, Bishop Museum Press, 1972, p. 480-481

Because ancient Hawaiian values are based on a special kinship relationship with the land, Mother Earth can be called upon to assist in healing broken human relationships. There are projects currently underway in virtually every ahupua`a on every island where volunteers are practicing aloha `aina and malama `aina. By creating partnerships with these volunteers, agencies can bring their clients into contact with the `aina and the special people who epitomize the spirit of aloha --- giving without expection of return. Volunteers are critical as role-models for those who have not experienced the personal satisfaction of living aloha.


Restorative Justice
Fundamental Principles
by Ron Claassen
Co-Director Center for Peacemaking and Conflict Studies
Fresno Pacific College
[Presented May 1995 at NCPCR; revised May 1996 at UN
Alliance of NGOs Working Party on Restorative Justice]


1. Crime is primarily an offense against human relationships, and secondarily a violation of a law (since laws are written to protect safety and fairness in human relationships).

2. Restorative Justice recognizes that crime (violation of persons and relationships) is wrong and should not occur, and also recognizes that after it does, there are dangers and opportunities. The danger is that the community, victim(s), and/or offender emerge from the response further alienated, more damaged, disrespected, disempowered, feeling less safe and less cooperative with society. The opportunity is that injustice is recognized, the equity is restored (restitution and grace), and the future is clarified so that participants are safer, more respectful, and more empowered and cooperative with each other and society.

3. Restorative Justice is a process to "make things as right as possible" which includes: attending to needs created by the offense such as safety and repair of injuries to relationships and physical damage resulting from the offense; and attending to needs related to the cause of the offense (addictions, lack of social or employment skills or resources, lack of moral or ethical base, etc.).

4. The primary victim(s) of a crime is/are the one(s)most impacted by the offense. The secondary victims are others impacted by the crime and might include family members, friends, witnesses, criminal justice officials, community, etc.

5. As soon as immediate victim, community, and offender safety concerns are satisfied, Restorative Justice views the situation as a teachable moment for the offender; an opportunity to encourage the offender to learn new ways of acting and being in community.

6. Restorative Justice prefers responding to the crime at the earliest point possible and with the maximum amount of voluntary cooperation and minimum coercion, since healing in relationships and new learning are voluntary and cooperative processes.

7. Restorative Justice prefers that most crimes are handled using a cooperative structure including those impacted by the offense as a community to provide support and accountability. This might include primary and secondary victims and family (or substitutes if they choose not to participate), the offender and family, community representatives, government representatives, faith community representatives, school representatives, etc.

8. Restorative Justice recognizes that not all offenders will choose to be cooperative. Therefore there is a need for outside authority to make decisions for the offender who is not cooperative. The actions of the authorities and the consequences imposed should be tested by whether they are reasonable, restorative, and respectful (for victim(s), offender, and community).

9. Restorative Justice prefers that offenders who pose significant safety risks and are not yet cooperative be placed in settings where the emphasis is on safety, values, ethics, responsibility, accountability, and civility. They should be exposed to the impact of their crime(s) on victims, invited to learn empathy, and offered learning opportunities to become better equipped with skills to be a productive member of society. They should continually be invited (not coerced) to become cooperative with the community and be given the opportunity to demonstrate this in appropriate settings as soon as possible.

10. Restorative Justice requires follow-up and accountability structures utilizing the natural community as much as possible, since keeping agreements is the key to building a trusting community.

11. Restorative Justice recognizes and encourages the role of community institutions, including the religious/faith community, in teaching and establishing the moral and ethical standards which build up the community.

Source: www.cerj.org/fundprinc.html

From the South Africa's Truth and Reconciliatin Commission Final Report, Volume 5, Chapter 9, Reconciliation
www.polity.org.za/govdocs...5chap9.htm

4. This chapter underlines the vital importance of the multi-layered healing of human relationships in post-apartheid South Africa: relationships of individuals with themselves; relationships between victims; relationships between survivors and perpetrators; relationships within families, between neighbours and within and between communities; relationships within different institutions, between different generations, between racial and ethnic groups, between workers and management and, above all, between the beneficiaries of apartheid and those who have been disadvantaged by it. After a visit to Rwanda, Archbishop Tutu said: We must break the spiral of reprisal and counter-reprisalI said to them in Kigali "unless you move beyond justice in the form of a tribunal, there is no hope for Rwanda". Confession,forgiveness and reconciliation in the lives of nations are not just airy-fairy religious and spiritual things, nebulous and unrealistic. They are the stuff of practical politics.

Restorative Justice Action Plan

"We need to be about educating Americans, because Americans are a justice-loving people." John Berry, Assistant Secretary of the Interior.
Honolulu Star Bulletin, December 11, 1999.

Neighborhood youths bring home environmental lessons, ENN, 5/5/00

Study urged of pesticide, youth violence link, ENN, 8/9/99

Service projects drive home environmental lessons, ENN 2/11/00

Students discover their place in the land, ENN 2/06/00

Outdoor and Experiential Education

Links:

Bar None (Alternatives to Prison), Catherine Black, Honolulu Weekly, August 9, 2000. www.honoluluweekly.com/ar...hives.html

Restorative justice helps the victim become whole again, Judge Michael A. Town, Advertiser, 5/3/00 the.honoluluadvertiser.co...ion13.html

There's a better way than prisions, Lorenn Walker, Advertiser 4/10/00
the.honoluluadvertiser.co...nion2.html

True rehabilitation emphasizes healing not punishment, Gheeza McGhee, Advertiser, 2/13/00
the.honoluluadvertiser.co...nion9.html

Mamalahoe, The Law of the Splintered Paddle
www.ksbe.edu:80/history/paddle.html

Pu`uhonua o Honaunau
www.nps.gov/puho/

Puuhonua: Domestic Violence Drop-In Center (HPD)
www.honolulupd.org/prog/puuhonua.htm

Restorative Justice Principles
www.fresno.edu/pacs/docs/rjprinc2.html

Restorative Justice Concept Paper
www.bu.edu/sth/BTI/progs/rj/concept.htm

Volunteers in Prevention, Probation and Prisions
comnet.org/vip/

South Africa's Truth and Reconciliation Commission is the best example of Restorative Justice principles being applied on a national level.
www.truth.org.za/

my auntie organized this on the island of Kauai...the island of my father (who is scared to death of my strong, independent, vocal, hawaiian auntie!!!)


Monarchy supporters pound the pavement

The Garden Island
Monday, November 13, 2000

BY LESTER CHANG
TGI Staff Writer

ANAHOLA - About 60 sovereignty advocates and their supporters gathered on Kuhio Highway outside Anahola to educate visitors and residents about what they contend was the illegal overthrow of the Hawaiian monarchy by the United States.

Many also challenged pending federal legislation to recognize a relationship between the United States and Native Hawaiians.

At the same time, members and supporters of the Lawful Hawaiian Government Nation gathered at Po'ipu Beach Park in their call for independence.

The demonstration in Anahola was held on the same day Queen Lili'uokalani was buried Nov. 11, 1917, according to Butch Kekahu, the organizer of the event.

Kaua'i police were concerned the scheduled three-hour morning slowdown of traffic on the highway by the southern entrance to Anahola would create traffic conflicts, but none developed and the event went off without a hitch.

"We have had no problems, as you can see," said Kaua'i police Inspector Paul Hurley, who was at the scene with five other officers, including Lt. Martin Curnan, who heads the Kaua'i substation in Hanalei.

Although the demonstration was held on the same day as Veterans Day, demonstrators said it was not for lack of respect for veterans.

"I have earned the right to speak," said Army veteran David Kawika Cutcher. "There is no disrespect for veterans who served. Most Hawaiian veterans love the U.S., but we don't like the people running our government. We are here for justice for our people."

While in the Army in the late 1970s, Cutcher said he was involved in intelligence and anti-terrorism programs.

He said he comes from a long line of family members who served in the U.S. military.

His mother and father are Korea War veterans, his brother is a Navy seal, and his grandfather, Kalei Miller, fought in World War I. His other grandfather, Andrew William Kakalia, was a koa warrior- or bodyguard- for Queen Lili'uokalani.

Marj Dent of the Waipouli Ahupua'a (the area from the mountain to the sea) said her protest actions were not intended to take anything away from veterans on their special day.

"I think they would be very proud of me because I am a descendent of a family member who was part of the Daughters of American Revolution," she said. "My kin fought in the American Revolutionary War. I come from a long line of protesters."

The event was held to encourage non-Hawaiians and Hawaiians to come out in force to support the drive for independence, said organizer Nani Rogers. "There is no racial line here," she said. "If we want to reach independence, we have to work together."

But the demonstration didn't have the support of other Hawaiians on Kaua'i, who say the federal legislation offers them a more clear and easier route to independence.

The measure was introduced by Sens. Daniel Akaka (D-Hawai'i) and Daniel Inouye (D-Hawai'i), and is now before the Senate for a vote.

Don Cataluna, the newly elected Kaua'i representative on the Office of Hawaiian Affairs Board of Trustees, joined the demonstration line, but said he was not entirely convinced the Akaka bill, if it passes, would prevent those striving for independence from reaching some form of self-determination.

Lining both sides of the highway, demonstrators urged motorists to slow down to receive literature that made these points:

Hawai'i is a sovereign nation.

It maintained embassies and consulates throughout the world, including the United States.

The overthrow of the Hawaiian monarchy in 1893 was an unsuccessful revolution and the 1895 annexation of Hawaii to the U.S. was illegal.

"This illegal situation continues to exist, and American citizens have unknowingly migrated to an illegally occupied foreign nation," the literature stated.

Most motorists were initially reluctant to pull over on the side of the road to pick up the literature. That changed when Dent flagged them down and began passing out literature, encouraging other protesters to follow her example.

Supporters of the sovereignty movement voiced opposition to the pending federal legislation.

Sovereignty advocates said the bill, if passed, will "lure the population of Hawai'i into a future that has no history."

But the bill emanated from the United States and has no authority over a foreign nation such as Hawai'i, demonstrators said.

"Through the bill, they are trying to keep Hawaiians under their thumb." said protester Ilona Moritsugu.

The bill came from a governmental system "that doesn't work," said Anahola resident Michael Grace.

"The queen knew that system didn't work, and that is why she fought against it," Grace said. "The system that belongs here is the one with the laws of the kingdom of Hawai'i."

David Fletcher, a visitor from New York who joined the protest, said he felt history has shown the takeover of Hawaii by the United States was illegal.

"I am highly supportive of their actions," he said of the protesters. "It is long overdue."

The event brought out leaders in the Hawaiian community, including Michael and Sondra Grace, who fought unsuccessfully to occupy lands in Anahola in the name of sovereignty more than 10 years ago, and Cheryl Lovell Obtake, who recently retired as a member of the Kaua'i-Ni'ihau Burial Council.

Protesters carried placards bearing such messages as "U.S. Illegal Occupation," "Exploitation of Hawai'i," "Justice for all Hawaiians under Kingdom Law" and "This is Not the U.S.A."

A party was held at the Anahola Clubhouse following the demonstration.

Staff writer Lester Chang can be reached at 808-245-3681 (ext. 225)
and lchang@pulitzer.net

kauaiworld.com/Kauai/stor...6996006B00

here are some historical quotes from the time of the takeover...

"I Lili`uokalani, by the Grace of God and under the Constitution of the Kingdom, Queen, do hereby solemnly protest against any and all acts done against myself and the constitutional Government of the Hawaiian Kingdom by certain persons claiming to have established a Provisional Government of and for this Kingdom.

"That I yield to the superior force of the United States of America, whose Minister Plenipotentiary [ambassador], His Excellency John L. Stevens, has caused United States troops to be landed at Honolulu and declared he would support the said Provisional Government.

"Now to avoid any collision of armed forces and perhaps the loss of life, I do under this protest, and impelled by said force, yield my authority until such time as the Government of the United States shall, upon the facts being presented to it, undo the actions of its representatives and reinstate me in the authority which I claim as the constitutional sovereign of the Hawaiian Islands."
-- Queen Lili`uokalani, January 17, 1893

"The Hawaiian pear is now fully ripe, and this is the golden hour for the United States to pluck it."
-- John L. Stevens, U.S. ambassador to Hawai`i

"...The Provisional Government owes its existence to an armed invasion by the United States. By an act of war...a substantial wrong has been done."
-- U.S. President Grover Cleveland

"Thus it appears that Hawai`i was taken possession of by the United States forces without the consent or wish of the Government of the islands, or of anybody else so far as shown, except the United States minister [ambassador]."
-- U.S. President Grover Cleveland

"It is the clashing of two nationalities for supremacy...the Hawaiian is thinking, because he had a majority of votes, that it gave him power. He didn't recognize that the intelligent and strong will of the Anglo-Saxon would beat him every time."
-- Samuel Damon, descendant of American missionaries in Hawai`i

"A greater outrage upon a weak nation by a strong one could hardly be imagined."
-- U.S. Attorney General Richard Olney

this is an interesting viewpoint...

Right now the film industry is getting flack from many of the guilds including the Screen Actor's Guild sub committee on minorities in the entertainment industry. I am on that committee, and we just published a report on the lack of diversity in entertainment industry. Blacks have faired slightly better this past year than in previous years ( due mostly to the WB & UPN) with all other races fairing MUCH WORSE in represtation on TV & big screen.

There is a couple of more things to consider, like Speilburg's productions which have shot in Hawai'i often on sacred grounds where heli-pads were placed (as in Jurassic park etc.) Also when productions come to hawai'i, THEY BRING THEIR OWN PEOPLE. Key positions are not filled with Hawaiians nor with even locals not Hawaiian. So the only people who benefit from the influx of film industry is the hotel industry and their slaves.

Hollywood IS NOT looking nor listening to our culture except where they can get a cheap story to bastardize. Trust me, this film will have a Haole DIRECTOR, ASSISTANT DIRECTOR, EDITORS LIGHTING GUYS, GRIPS, TRANSPORTATION DRIVERS, CATERERS, ELCETRICIANS, MUSIC, LOCATION MANAGER, CASTING DIRECTOR, BEST BOYS, GOPHERS, ACCOUNTANTS, LAWYERS, PAYROLL CLERKS, SECRETARIES ETC. ETC. All extras will be played by anybody with brown skin (not historically correct with actual Hawaiians). And if they can find a bigger name actor to play the queen (for the box office draw) they will.

Hate to say it, but this woman has "stars in her eyes" It would be nice to see an all Hawaiian production instead of a Haole production company that is robbing one of the few things left HAWAIIAN CULTURE.

Lazan

this is a great overview of what happened in the year 2000 in regards to the sovereignty movement. check it out!

www.honoluluadvertiser.co...hawaiians/

starbulletin.com/2001/02/...tory2.html
Thursday, February 1, 2001

OHA looks at charging Hawaii visitors a user fee

The organization may hire attorneys to search out whether the action is legal

By Pat Omandam Star-Bulletin

The Office of Hawaiian Affairs is researching whether it could charge entrance and departure fees to Hawaii visitors.

"We're looking at user fees for all the tourists because they removed our natural beauty or took away from us people of Hawaii our beaches, our sands, all of that," said Colette Machado, chairwoman of OHA's Legislative and Government Affairs Committee.

OHA, facing legal challenges this spring to its constitutionality and state funding, is searching for a new source of income for Hawaiians.

The committee yesterday asked administrators to hire an attorney or law firm to research whether OHA can charge the user fees, possibly with airport landing fees or the hotel room tax.

While there are many legal and legislative hurdles to clear before the idea comes up for approval by the board, trustees say it is worth pursuing.

The committee supported the proposal by trustee Charles Ota. The income raised would help the Hawaiian sovereignty movement.

Unlike Alaskan natives who control millions of acres of lands that contain untapped natural resources, Ota said in a memorandum to Machado, the only viable resources available to Hawaiians are the islands' beaches, most of which have been exploited by the state and the tourism industry since the 1893 overthrow of the monarchy.

Ota said the state and tourist industry make millions of dollars from the hotel room tax and OHA or a Hawaiian nation has a right to share in that revenue.

Every Pacific Rim nation has some form of fee affecting visitors, added Ota, who cited Japan's entrance fee of $20 and its departure fee of $15, as well as Korea's entrance fee of $10 and its departure fee of $8.

"With the Legislature's concurrence OHA may overcome federal objections to the sharing of airlines landing fees with respect to ceded lands use at the airport," Ota wrote.

"Or OHA may be allotted, as is general practice, the entry and departure fees charged to passengers worldwide for separate landing fee services. Such fees would be for greetings activities and a send-off aloha," said Ota, who serves as OHA's first non-Hawaiian trustee.

While the idea may sound good, OHA administrators said many issues must be resolved to make it work. For one, OHA doesn't have the authority to impose any tax or levy. Also, OHA's board attorney has said federal law precludes the imposition of a "head tax," said OHA's deputy administrator, Ronald B. Mun.

Mun, in a Jan. 26 memo to Ota, said Ota's idea is laudable but that these major legal issues must be addressed. Mun recommended hiring an attorney or law firm well versed in constitutional law, federal-state relations and interstate commerce to look at the proposal.

OHA Chairwoman Haunani Apoliona said she hasn't been briefed on the idea but that Ota raised it at an earlier board meeting.

Machado said she's waiting for staff to provide her with the costs of a legal consultant before she asks for the item to be placed on the agenda of the full board.

Office of Hawaiian Affairs
www.oha.org

Honolulu Advertiser
Saturday, February 3, 2001

By Timothy Hurley
Advertiser Maui County Bureau

KAHULUI, Maui - More than 100 Native Hawaiians demonstrated peacefully at Kahului Airport yesterday in an event designed to educate tourists and residents about recent legal challenges to Native Hawaiian rights, lands and entitlements.

"We want to let them know what's really happening behind the hula dances and the lu'au lights,'' explained Thelma Kahaiali'i of Lahaina, a member of Na Kupuna o Maui (The Elders of Maui), which organized the demonstration.

Kahaiali'i and Na Kupuna members said they were responding to U.S. District Court lawsuits filed last year by Patrick Barrett and John Carroll seeking to halt government programs and services guaranteed
to Native Hawaiians under the state constitution.

Na Kupuna spokesperson Kapali Keahi said the lawsuits have enraged the Native Hawaiian community and brought together a diverse group of individuals for the demonstration.

"What we're dealing with is racism," Keahi said. "They're using the system to attack our rights.''

Demonstrators gathered at 5 a.m. for chants and prayers, then distributed literature to travelers and held signs as motorists honked their horns and flashed shaka signs. Among the morning sign-holders was Maui recording artist Keali'i Reichel.

Although state officials beefed up security and advised travelers to arrive early for flights, no disruptions were reported. The demonstration is scheduled to continue today until 8 p.m. and tomorrow from noon to 5 p.m.

Tourists were curious about the demonstrators, but many said they didn't understand what the fuss was all about.

After hearing a brief description of the lawsuits, Rick Kegley of Bradenton, Fla., responded that he's not a believer in policies intended to right past wrongs, while Jim Kraning of Pocatello, Idaho, said Hawai'i's indigenous people should be given opportunities, not handouts.

"I think they're fighting a losing battle,'' said Warren Finch of Tacoma, Wash. "If they don't want us back here, we'll just go back to Palm Springs.''

Several demonstrators complained about restrictions placed on the event by airport officials. Most were restricted to an area outside the main airport buildings. While some were allowed to hand out fliers inside, they were confined to areas with little foot traffic.

"Some kind of protest this is,'' complained Wailani Farm, a Waiehu Kou homesteader. ''If I were planning this, we'd be on the runway.''

But the elders insisted on a peaceful protest and that's what will take place, she said.

On the road leading to the airport, Francine Cabacungan of Wailuku was waving a sign next to her cousin, Julie Rodrigues. Together, they lamented the situation Native Hawaiians have found themselves in and said it was about time for such a demonstration.

"Hawaiians are too nice - too nice for their own good. It's our culture,'' said Cabacungan, who received permission to take off early yesterday from her job at the Maui Prince Hotel.

"Hawaiians are good at grinning and bearing it,'' Rodrigues added. "We do the best we can with what we got.''