Category Archives: Hawaiian issues

For what it’s worth

Something’s happening here, what it is ain’t exactly clear….
Lyrics by Stephen Stills, 1966.

Several people have asked me to comment on the dramatic confrontation playing out from the slopes of Mauna Kea to Hawaii’s State Capitol and beyond.

I’ll start by saying that, in many ways, the current uprising is similar to the movement that grew after the first public protest landing on Kahoolawe at the beginning of the American Bicentennial year of 1976 which aimed at stopping the U.S. Navy’s use of the island as a bombing range.

I found myself among the group of nine people who successfully made it onto shore on January 4, 1976 in a direct nonviolent challenge to the bombing. The protest had been launched by Maui resident Charles Maxwell, who put out a call to Hawaiians across the state to join him in the protest landing.

Dozens of people responded to his call. I described my experience in a column written to mark the 40th anniversary of that first landing (Civil Beat,” Kahoolawe 40 Years Later“).

Here’s an excerpt I feel is most relevant to the events unfolding today.

I recall people gathered at a community center in Waikapu as they arrived on Maui the afternoon before the planned protest. I think there were close to 50 people who spent the night there preparing for a pre-dawn departure to the harbor, and on to Kahoolawe.

Moving between small groups of people talking late into the night, I listened in on their discussions of the issues confronted in their own communities. Some were challenging the closing of traditional access to trails and beaches in the face of unchecked development and the greed of private developers. Many had been part of ongoing challenges to the long failure of the Hawaiian Homes Commission to fulfill its mission of returning Hawaiians to the land. Others organized at the community level against poverty, homelessness, lack of educational opportunities and adequate health care.

Through it all, a common thread, a profound sense that Hawaiians carried more than their fair share of the community’s social burdens, and that something had to be done.

And for that moment, thanks to Maxwell’s initiative, Kahoolawe became the shared symbol.

That initial civil disobedience was followed by a series of protest landings which led to arrests and criminal trials, all of which continued to focus growing public awareness not only of the issue of Kahoolawe, but the broader issues facing Hawaiians.

Just two years later, this public awareness contributed to several dramatic pro-Hawaiian constitutional amendments proposed by the Constitutional Convention of 1978 and approved by voters.

These constitutional amendments created the Office of Hawaiian Affairs to manage and administer resources to be held in trust for the Hawaiian people, including a share of ceded land revenues to be set aside for the benefit of native Hawaiians. A separate provision recognized the inadequacy of funding for the Department of Hawaiian Home Lands, and spelled out a directive that the legislature “shall make sufficient sums available” for the development of lots to be made available to qualified Hawaiian lessees, to carry out rehabilitations programs to raise the status of Hawaiians, and to fund “the administration and operating budget of the department of Hawaiian home lands…by appropriating the same in the manner provided by law.”

And a final amendment called for protection of customary and traditional rights “exercised for subsistence, cultural and religious purposes and possessed by ahupua’a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights.”

Today, after four decades have passed, these lofty goals have not been met, despite being enshrined in the State Constitution, and despite the millions of federal and state dollars invested in Native Hawaiian programs. The long list of qualified applicants waiting for Hawaiian Homes leases has not been eliminated, the Office of Hawaiian Affairs has failed to provide the hoped for leadership in developing overall policies to raise the status of Hawaiians, and the state has fought a long-running legal battle to avoid providing those “sufficient sums” to operate the Department of Hawaiian Home Lands without the agency having to lease prime properties to private commercial interests simply in order to provide operating funds.

More generally, Hawaiians continue to trail other ethic groups in income and economic well being. A 2013 OHA study reported that Hawaiians have the lowest median family income of all major ethnic groups throughout the state, with all the problems that engenders. Hawaiians are are also overrepresented among our prison and jail population while face unique health challenges.

So while opposition to the TMT sparked the current demonstrations, the real issues are deeper and broader-based. Like Kahoolawe in the 1970s, Mauna Kea and the TMT have become the symbol of a generalized concern that Hawaiians are still carrying more than their fair share of the community’s social burdens, and that something must be done.

With that said, however, I’ll pull together some of what I’ve written about Mauna Kea and the exercise of Hawaiian rights. Watch for them in a separate post.

The legal challenge to the Governor’s emergency TMT declaration

Last week, Hawaii Governor David Ige issued an emergency proclamation targeting the current nonviolent protest blocking initial construction of the Thirty Meter Telescope on Mauna Kea. The declaration was described as intending to protect public health and safety, and “to also ensure the execution of the law, prevent lawless violence, and the obstruction of the execution of the law.”

“The emergency proclamation gives law enforcement increased flexibility and authority to close more areas and restrict access on Mauna Kea. This will allow law enforcement to improve its management of the site and surrounding areas and ensure public safety,” according to a press release issued by the governor’s office.

The emergency declaration was quickly challenged by the Native Hawaiian Legal Corporation, which filed suit in state court.

NHLC is representing Paul Kevin Neves, “a member of the Royal Order of Kamehameha, a Kumu Hula, and a Kanaka Maoli traditional religious practitioner.”

According to a press release from NHLC:

Emergency proclamations are for exceptional situations involving imminent public danger and threat to Hawai‘i’s population and its critical infrastructure. During times of emergency and natural disasters, the Governor can suspend any and all state laws. When issuing the TMT Proclamation, Governor Ige made clear that his intent was to enable construction of the TMT. The TMT Proclamation’s dubious effect has been to prevent Kia’i from exercising constitutionally protected rights of free speech, free assembly, free association, and free exercise of religion on the mountain; block Kanaka (Native Hawaiians) from accessing the mountain for spiritual purposes; suspend laws enacted to maintain public lands; and criminalize legally protected traditional and customary practices.

Here is a link to the full NHLC complaint.

The case was argued yesterday before a special three-judge panel. A quick preliminary ruling is expected today.

Exploring more DNA “cousins”

A DNA test can uncover some interesting family connections.

My late sister talked me into doing a commercial DNA test back in around 2010. She thought that it would support her genealogical research into our Lind family in Scotland. She had been doing extensive paper research, including visiting Scotland to ferret out relevant documents, and she wanted to get the added perspective that DNA analysis can provide.

After she passed away back in 2016, I slowly started fiddling around with the DNA results. She had started me off with a test of Y DNA, passed down from father to son. I subsequently added a tests from two providers for “autosomal DNA,” which includes DNA inherited from both parents. It’s really only good for finding “cousins” over the past 6-8 generations, while the Y DNA tests link you to the vast history of humankind.

Which gets me close to the present. For the past couple of weeks, I’ve been trying out a set of sophisticated tools for DNA analysis from GEDmatch.com. After signing up for a gedmatch account (your choice of a free but limited account, or a paid account with access to additional tools), you upload your DNA results obtained from other services, which are then matched to the Gedmatch database using the set of rather robust tools.

GEDmatch is the system that gained notoriety recently for leading to the identification of the notorious Golden State Killer, and dozens of other criminals through tracing DNA and family histories.

One basic GEDmatch tool returns a list of all the people who match your DNA, with information on where the match occurs (usually on one or more of 22 chromosomes), the strength of the match, and an estimate of how many generations ago you and your match shared a common ancestor.

A second tool offers “triangulation,” which returns a list of all your DNA matches who share specific bits of DNA with you and with another person in your list of matches. When the three of you share the same bits of DNA, and those are over above the level that could simply reflect random genetic mutations over time, then it is likely that you share a common ancestor. The GEDmatch triangulation test results are sorted by chromosome, and by the specific location of each match, which allows you to see groups of DNA cousins who likely share a common ancestor.

My GEDmatch results confirmed that I’ve got a slew of DNA cousins in Australia and New Zealand, including many Maori, through an as-yet undiscovered common ancestor probably about four generations back. I’m still hoping that I’ll eventually be able to get a better idea of who and where that family connection was made.

Even just eyeballing the results of the triangulation analysis turns up some interesting things.

For example, my list of DNA “cousins” included someone by the name of Abigail Kawananakoa Roberts. The Abigail Kawananakoa part caught my attention, and sent me scrambling to online search engines for some background.

Well, Abigail Kawananakoa Roberts turns out to be a Pennsylvania woman who repeatedly tried to pass herself off as Campbell Estate heir Abigail K. Kawananakoa.

According to news reports, Abigail from Philly was born as Charlotte Veronica Kuheana, but she claimed to be the real heiress Abigail Kawananakoa. In 1999, she faced criminal charges for stealing more than $34,000 from the federal government by filing false claims that she was an heir to the Bishop Estate and a legal representative of Kamehameha Schools.

She was found not guilty. Although her attorneys admitted she had unlawfully used the real Kawananakoa’s identity to get tax refunds from the IRS, they argued Roberts had “an irrational insistence upon an identity that is not her own.”

Then in 2004, she reportedly received a $2.1 million tax refund by again claiming to be the real Abigail Kawananakoa. The government sued for return of the money, and seized her bank accounts and two new vehicles she had purchased after receiving the IRS payment.

Somewhere back several generations Abigail Kawananakoa Roberts and I share a common ancestor. Perhaps not the kind of family connection you want to brag on, but certainly a colorful cousin, to be sure.

OHA trips over accountability, sunshine, and free speech

Thanks again to Andrew Walden’s Hawaii Free Press for continuing to shine the light of public scrutiny on the Office of Hawaiian Affairs.

It seems that the majority of OHA’s Board of Trustees is unhappy about continued criticism by Trustee Kelii Akina of their delays in completing a forensic audit of the agency and its affiliated Limited Liability Corporations.

Akina issued a news release on Thursday, June 20, which the Hawaii Free Press published in full.

In the release, Akina identifies himself as the subject of disciplinary proceedings for violation of the OHA Trustee’s an unusual provision contained in the “Code of Conduct.”

Most of the code is a recitation of provisions of the state’s ethics laws and related prohibitions established by statute, but this provision stands out as something quite different.

Duty of Loyalty and Duty of Obedience and Support for Board Decisions.

Individual Trustees are able to express their opinions vigorously and openly during the decision-making process and may respectfully disagree with colleagues. However, once a decision has been reached and the board has taken official action, it is each member’s responsibility to support the decision. Similary, individual Trustees are expected to adhere to duly enacted Board Executive Policies and actions.

Akina responded in his news release.

According to the OHA Trustee Code of Conduct, Board members who disagree with Board decisions are prohibited from discussing their opposition in public. Otherwise, the Board could not “speak with one voice.” Such a prohibition is a violation of Trustee Akina’s freedom of speech as an elected official, and prevents him from serving constituents effectively.

Additionally, the closed-door executive session is in violation of Hawaii’s Sunshine Law, because it would conceal this matter from OHA beneficiaries and other interested parties. Therefore, Trustee Akina requested that the discussion take place in open session.

“I have demanded that any allegations against me be discussed in full view of the public,” Trustee Akina said. “I welcome the opportunity to defend my actions on behalf of OHA beneficiaries and state taxpayers.”

In addition to fighting for a thorough and timely forensic audit, Trustee Akina has spotlighted OHA’s use of trustee slush funds and wholly owned LLCs used by OHA to circumvent the state Sunshine Law and Procurement Code.

Other OHA board members have also faulted Trustee Akina for pointing out that OHA is a state agency rather than a sovereign body that can make its own rules, such as imposing a duty on dissenters to stay quiet.

The Hawaii Free Press includes helpful links, including a letter to the OHA board’s attorney the lawyer representing Akina, and a copy of the relevant board policies and documents.

In this fight, I think Akina is definitely in the right, and the OHA trustees are again embarrassing themselves by failing to understand that the public has right to openness and accountability guaranteed by law and by the State Constitution. That’s what the state’s sunshine law is all about. Attempts to quash dissenting views and, more importantly, the underlying policy issues underlying the dissent, run counter to the public interest and the interest of OHA’s Hawaiian beneficiaries.

See:

Hawaii Free Press, “OHA majority targets Trustee Akina.”

Honolulu Star-Advertiser, “Office of Hawaiian Affairs Trustee Keli‘i Akina is target of complaints.”