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The Sound of the Pu : Elua

Sovereignty Progress Report

by Brudda Hank Fergerstrom
B>Member : Na Koa O Puu Kohola Heiau
Moku O Keawe
Ph: 322-7138
E-mail: warhawai@gte.net

In November, I took the liberty of reporting to you the informationaccumulated over the past year with regards to the Hawaiian SovereigntyMovement. I reported on the movement of HSAC (the Hawaiian SovereigntyAdvisory Commission), and it's rejection by the Hawaiian Community. Ireported on the birth of it's successor HA HAWAII, the State's renewedattempt to control the destiny of the Hawaiian People through a hurried,ill advised push for a Hawaiian Vote. I reported on the formation of theILIOULAOKALANI COALITION, Na Kumu Hula and their Halau banding together tocounter the State's attempt to control Native Gathering Rights. I reportedon the informational series conducted by HOOMALU MA KUALOA, an attempt toshow consensus building and solidarity amongst Hawaiian Sovereignty Groups.I reported on the AHA KUPUNA held in November that prompted the first "Sound of the Pu", when many of the Hawaiian Sovereignty groups gatheredwith common spirit, compared notes and called for a SUMMIT of HawaiianLeadership.

I now come before you to report on the continuation of our fight tocontrol our own destiny through the guidance of ancestors.

A lot has happened since I last reported on these matters via myarticle "The Sound of the Pu", published in the December Edition of the"KAU LANDING". The words of my dear friend and editor Michael Gibsoncontinue to echo through my head.

"You'd better be right! Hank, the information in you article is powerfulbut it has to be accurate".

I had caught my dear friend 8 hours before press! I set the night oil outfor the long haul. Each hour passed as my fingers did their dance acrossthe keyboard. Accuracy, Accuracy....click, click, tap, tap. Finallycompleted, I sent it out. Great stuff...but too long.. you have to trim itdown, I can only give you 1000 words. Cut this, cut that, reword this,reword that. With the help of AKUA, the dedicated staff of the Kau Landingand the miracles of electronic transmission, I was able to meet thedeadline.The same article was sent to every possible news source I could find inHawaii. Nobody else would carry it. Not one of the major publications evencommented on it. However, it did not discourage me, as it is well knownthat in Hawaii the last thing that you'll see in the newspapers issomething positive about the Hawaiian movement.

Anyway getting back to the business of information disbursement and thelatest on the front. Things are getting hot and heavy with the legislativesession in full swing. While the lure of the Hawaiian Autonomy Act haseveryone in arms and the in the wake of all the negative publicity givenBishop Estate there are a few things that still don't meet the eye.

What's all the hoopla about..? It's about money.. it's about more controlof the funds designated for the Hawaiian People. What moneys..? Howabout the 26 million appropriated for Native Hawaiian Health Care. Howabout the 22 million for Native education programs. What about the current305 million that makes up the financial portfolio of the Office of Hawaiianaffairs.

After years of bitter fighting with the State Government, the Office ofHawaiian Affairs is once again a target. You recall the big upset causedwhen Clayton Hee was replaced by the new Chair Frenchy DeSoto. Well a newtwist to this portion of the game comes to light. First, was the failurecertain Trustee's to make Trustee meetings, leaving them without Quorum.Business as usual is not being conducted. Second, was the untimely loss ofour beloved Billie Beamer. With the loss of Billie, now comes thechallenge for leadership. If a consensus cannot be reached amongst ourcurrent Trustee's on the selection of a new Trustee within three months,then the decision becomes one for the Governor to make. To make thing evena bit more scary Trustee Abe Iona has asked to step down and be replacedfor health reasons, wanting to leave his office this month.

This is all so scary, especially when you see it from these eyes.By the time you finish this article, I guarantee you will be scared too...!!!

What's scary you say. Well, consider for a moment the following factorsregarding the Office of Hawaiian Affairs, and the Department of HawaiianHomes. The financial portfolio's of OHA is currently at 305 million. Yourmoney has been invested in Stock Market, to allow for it's worth toincrease. This is all said to be in your behalf. Remember, this money wasfought for .. fought for with your own money...fought from the very peoplewho continue to deny you and continue to claim your assets as theirs.

So where's the problem..? The problem is that your money is invested asan entity of the Hawaii State Government. With the direction that ourpresent administration and legislature is taking, all that was won is aboutready to end up back in their hands. It's no surprise that the target is toeliminate the Office of Hawaiian Affairs through whatever means allow forit first. Whether through the collapse of OHA through internal fighting, orthrough class legislation such as the Hawaiian Autonomy Act or through theproposed con-con, or through the Native Hawaiian Vote, make no mistake thatTHE Office of Hawaiian Affairs is on it's way out. That once again leavesopen the question of who does the moneys belong to..? and who will end upwith it..?

Not scared yet ..? It doesn't affect me.. I'm not even Hawaiian.

SO LET'S KICK IT UP A NOTCH...

Now let's look at what's behind the Bishop Estate scandal and whatthe underlining is about. Consider for a while some interesting facts. 30years ago the Bishop Estate was considered LAND RICH, BUT DOLLAR POOR. Foryears struggling to maintain its trust obligation to educate the Hawaiianchildren. Then, the Estate had to even sell some of it holding to assureit's financial ability to maintain Kamehameha Schools. About 20 years agothe State of Hawaii enacted the State Land Condemnation laws, fashionedafter the Maryland Land Laws. Certain current Trustee's were then StateLegislators.

Through the wisdom of Trustee Hung Wo Ching and Takabuki, both nonHawaiian, but financial genius's, showed the rest how to create afinancial portfolio to match non. Certain political factors wereimplimented .. certain political figures were installed in key positionsand the manipulation of the Bishop Estate land base went into full swing.Beginning with the first threat of condemnation of the tract H lands inKahala.

The trustee's made money not only from the Trust itself as Trusteecompensation but through the alteration of the Estate's Will, providingthat the Trustee's now receive a kickback on the sale of lands that theyare supposed to be guarding.

How can this happen one may ask..? Where is the State with thelaws that protect the integrity of Trust obligations. Who would stand togain from this..? Is there any doubt that the State has a large demand forland and the growing pressure from the public to make it fee simple...? Isnot Bishop Estate the largest land holder in the State. Put two and twotogether and tell me what you would conclude.

So now comes the good part. After years of setting this all up andmanipulating the factors the Bishop Estate is under attack. Charged withgross mismanagement, insider trading, and failure to educate the Hawaiiankids. Such an attack can only indicate that the next move is to challengethe integrity of the Estate in an attempt to collapse the Estate itself.All this for you, the beneficiary. Tell me have you received any part ofhis money..? Not unless your part of the design.

Have we overlooked the fact that one of the Estates roles was topromote agriculture to it fullest extent. Great tracks of land being heldfrom the poor Hawaiian cause he can't afford to develop it. Those sametracks are now being manipulated to further the States interest in gainingcontrol. Outrageous prices for the new leases, production quota's orpenalties. Perhaps it for the Money once again. With the State's poorprojection for the future as far as economic development the simple choiceis land speculation. But who's land.. our wet land, our water sheds, ouragricultural lands all in jeoprity. So who's lands .... It's Hawaiianland.. it the land of our ancestors... it's the last remaining vestiges ofthe Stolen Kingdom of Hawaii.

But you say you're not involved, you're not affected, your not evenHawaiian. Well if you live here, be it long or short, if you work here, ifyou have children here or if you are here cause GOD sent you, you'reinvolved. You are involved simply because you are here. Perhaps we sleepbetter not knowing of all this, perhaps you don't involve yourself in thestruggle of the Hawaiian people, perhaps you condone stealing form the poorand defenseless or perhaps it because you want a home to raise your family.Whatever we use to justify what's going on is the safe thing to do. Maybeyou think it will all stop once they get it all from the Hawaiian. Let mereassure you.. if you allow it to happen, you give precedence to theprocedure, thus insuring the collapse of all estate's, Trust, and Will's.If it can happen to the largest trust, than it can happen to the smallest.Perhaps the seed for the total destruction of the United States and theworld as we know it.

For evil to persist, all it takes, is for good men to stay at home.Elect a representative, and pass on your responsibility to your future.

Get a grip on yourself, take a few deep breaths and buckle up becausethere's a whole lot more. More you say, yes more. And for those of you whosee a light at the end of the tunnel. I hate to tell you but this time itis a train.

So lets go back to the future, back to where we began to the latest on theSovereignty scene. The PASH decision that caused such an uproar in the realestate circle. Unhappy with the courts upholding and reaffirming the rightof the Native Hawaiian to access and gather. The right that cannot beextinguished. A right given by a preexisting sovereign. I attended thecommunity input meetings held Statewide to gather concerns of thecommunity. The Realtors claiming that the State had to do something aboutthe insecure atmosphere left in the wake of the PASH decision. Remember,they came up with SENATE BILL 8. The bill that would have requiredregistration of all who gathered. The insanity didn't just requireregistration, but further required one to prove that their ancestors wentto the exact place to gather the exact same items.

This is when the ILIOULAKALANI Coalition was formed. The twenty four hourvigil that supposedly killed the bill. What few know about is almost asfast as the proposed legislation was killed, through a quick slight of handknown as administrative law a registration document of the exact natureappeared in the offices of the State Department of Land and NaturalResources.

Anyway I attended the one day seminar presented by the Native BarAssociation entitled "Living with PASH". It was controversial from thestart, with the State Bar association trying to block it as it was held thedame day and place as their convention. In attendance was representativesfrom the Realtors; the financial community; OHA; representatives of theSovereignty Movement; the legal community, including Margaret Bronson(State Attorney General), and Justice Walter Heen. Justice Heen startedthe by stating that in Hawaii, the ownership of real estate is unlikeanywhere else in the United States, because here we have the Hawaiian whohas and shall continue to have access to lands for gathering as well asCustomary and Traditional practices. Margaret Bronson stated that it isthe obligation of the State to first uphold these rights, also part of theState Constitution, before the state can hope to try and regulate it.

** This creates a situation that calls for some careful thinking. Ifit is the Judicial branch of government that is saying these words ofobligation,, then WHO is the legislator...?? Who are they, that think thatthey can legislate these rights out of existence. To my understanding,there is a reason for the separation of the different branches ofgovernment (legislative- judicial- executive). To keep things in checksand balances, a kind of safety valve to keep any one from destroying thewhole picture and to prevent things like CORRUPTION. So what happens whenall three start working in concert with each other to attack a group of itscitizenry...? I believe the word for that is CONSPIRACY.

The PASH decision and subsequent Senate Bill 8 is again a hot topic. Onceagain the bill and similar bills are being introduced, some under thedisguise of Administration Law. But of course the hot tamale this year isRepresentative Ed Case's Hawaiian Autonomy Act. This would collapse theOffice of Hawaiian Affairs as well as the Department of Hawaiian Homes,consolidate their assets (your money) and create a umbrella for all thingsHawaiian. It would also combine the Federal moneys for the NativeEducation and Health programs. This supposed new entity would also beresponsible for the Native Gathering rights and Native Claims. It would berun by a group of 13 trustee's that would be elected.

While this on the surface sounds nice, using key "politically correct"words spells disaster for the Hawaiian and their future. On one hand theyspeak of giving the Hawaiians greater control of their assets and a movetoward "Self Determination" and away from dependence and wardship. On theother they want to take the away the responsibilities each Hawaiian has tohis ancestor and future generations and put that all in the hands of 13people.

Part of the things to consider are as follows: The revenues that belong toOHA $ 305 million, the moneys that are owed to the Dept. of Hawaiian Homes($ 600 million) would again NOT reach you, the beneficiary. In fact thatmoneys would end up back in the hands of the state. Another thing that waslittle discussed in this Autonomy Act would be the right for those 13trustee's to sell your lands after 10 years. They could also float BONDS(Make loans to themselves), based on your assets (entitlements, lands)which could sold to meet these type of obligations.

Another factor in this Act would mean that the Hawaiians wouldloose their direct avenue to the Federal and State governments regardingland disputes, revenue disputes and claims against the United States forthe illegal over throw of the Kingdom of Hawaii. We would no longer be ableto take claims to court regarding Access, gathering rights, Traditional andcustomary practices. Instead we would have to bring these matters up to theboard of trustee's to determine if they want to pursue the matter.

With regard to the Dept. of Hawaiian Homes. We have to be able toseparate this picture. Many believe that the State Department of HawaiianHomes is an authority. In fact they are not, but merely a managing arm ofthe Federal Hawaiian Homes Commission Act. When congress made this act,they made it very clear that the intent of this act could not be alteredand also stated that "there shall be no additional encumbrances placed onthese lands". Interesting huh.. so how can the State even entertaincollapsing DHHL? Good question... perhaps you should ask Senator DanInouye. Of course if this should happen, then all obligations from aFederal level to the Native Hawaiian People would be cut off and no redressavenue would exist for Hawaiian claims.

While this bill has been "tabled" (a fancy word for DON'T DO ITYET) make no mistake that the idea is not dead. What in fact is happeningis that the State's effort and intent to control your destiny was "caught"and that the fact that this is a political year, makes it stupid to trysomething like this when we could get to "Thieves" out next election whichis this year.

** Just to make them aware that the Hawaiian peopleare tired of the constant attack on the rights, their assets (Money) andtheir right to determine there own destiny, there is in process a move toget Ed Case out of office. It is important that we send out a clear messageto the legislature that we Hawaiian people and others in the community willno longer tolerate attacks against the Hawaiian. This move is in fullswing. We have to stay on top of this .... So we don't have to go throughthis every year. Year after year.

Along with the legislature trying to override the Judicial bycreating laws that would extinguish or severely erode the Native HawaiianRights and entitlements, they have not stopped there. Simultaneous to thisis a few other methods in the works. The State is required to once againplace on the voting ballot the question of another State ConstitutionalConvention. The first target is the Office of Hawaiian Affairs. Also inthe air is the erosion of Native Hawaiian Rights.

We must understand this.... The way it works is this. If thelegislature were to enact a law that was questionable and unconstitutional,then you could take the matter to Court. The Courts would question theconstitutionality. It is the business of the courts to uphold theConstitution of the State. So if they create amendments to the Constitutionthan the courts would be forced to uphold those laws. Now do you see thedanger of a new State Constitutional Convention...?

Another way that they are moving is a very quite and cleaver. Nowthey have the Hawaiians helping, helping to break their own backs. Let meexplain.... You remember the Pleblicite Vote..? the Hawaiian SovereigntyAdvisory Commission (All government appointed) ..? And the overwhelmingdisplayed concern over the State's involvement..? Remember that the groupHa Hawaii was formed to continue the work HSAC.

Well a new twist to this has been added. Because of the Hawaiiansprotesting the State's involvement with the process of Self determination,yet still trying to control and maintain domination over us (Da Hawaiians)our land and our moneys, they have just gone through reorganization and achange in leadership. During the National Convention of the HawaiianCivic Clubs held in San Diego last year November, a number of resolutionswere passed. One of these was to support the efforts of Ha Hawaii. Sowho's the new leadership of Ha Hawaii.. Charlie Rose of the StateAssociation of Hawaiian Civic Clubs. The push at this time is to convene aHawaiian Constitutional Convention, in January of next year.

So where is the problem...... It is my contention that our people are notyet informed enough to make the kind decission on the form that a HawaianGovernment would take. I believe that with intense education efforts,including but not limited discussions on the various forms that thisgovernment could take. Also a deep look into what we can gain throughexercising the right of self determination, the way would control a ourassets and moneys, the ways we could prepare for our future generations,trade opportunities, economic development, tourism, etc. One may say that,that is what a convention is for. While I may agree on that... my argumentwould be .. are we prepared..? do we believe that the Hawaiian communityas a whole is prepared to allow a few people to direct the destiny of theHawaiian, his children and their children. I don't believe the people areinformed enough to understand what's at stake if we were to rush into aconvention. While I'm not against the idea of a convention itself ...Iagain say that we are not prepared. Let's not fall for the idea that wecan restore or create a Hawaiian Government without the consenses of theinformed Hawaiian. Let us also not think that we can pass theresponsibility of the future of our people and our children's future overto a few people until you are absolutely sure they know and will properlyrepresent your interest and you families interset. Remember we all have aresponsibility to our ancestors to keep Hawaii Pono.


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