Bringing you today’s stories on issues important to Native communities.  NewsClips is a complimentary service of the Council for Native Hawaiian Advancement.  Don’t miss the biggest event in Native Hawaiian community development!  Register now for the 4th Annual Native Hawaiian Conference from August 30 – September 2 2005 at the Sheraton Waikiki Hotel.  Special scholarships are available.  For conference registration, scholarship forms, and for information and updates on our training workshops and events, please visit our Web site at: www.hawaiiancouncil.org.

 

 

August 10, 2005

 

 

FOR IMMEDIATE RELEASE:  August 4, 2005

 

Grammy® Nominees Honored At the 4th Annual Native Hawaiian Conference

 

Honolulu, HI - The first nominees for the Best Hawaiian Music Album at the 47th Annual GRAMMY® Awards will be honored at the 4th Annual Native Hawaiian Conference on August 31, 2005 at the Sheraton Waikiki Hotel. Nominees included the Brothers Cazimero, Amy Hanaiali‘i Gilliom and Willie K., Ho‘okena, Keali‘i Reichel, and Charles Brotman for his production of a slack key guitar compilation.  All of these talented artists represented Hawaii at the Awards presented by the National Academy of Recording Arts and Sciences (Academy) in Los Angeles earlier this year, with the Charles Brotman compilation winning the award.

 

The Council for Native Hawaiian Advancement will honor all of the nominees during its conference week, celebrating this exciting group of highly acclaimed artists for their music and contributions to perpetuating Hawaiian culture and knowledge.  The Honorable Senator Daniel Akaka will deliver the keynote address at the banquet that begins at 6:30 p.m.

 

“These individuals are not only composers and artists – they are powerful representatives of who we are as a community in Hawaii,” said Leina‘ala Kalama Heine, Kumu Hula and CNHA Board Member. “The recognition of their work and love of Hawaii by the Academy is a recognition of the heart of Hawaiian values, knowledge and culture that inspires all of us.”

 

Sponsored by the Hawaii Tourism Authority (HTA), the Hawaiian GRAMMY® Awards Banquet promises to be one of the highlights of the conference. 

 

“We are proud to sponsor the 4th Annual Native Hawaiian Conference Inaugural Hawaiian GRAMMY® Awards Banquet to recognize the tremendous contributions of each of the artists nominated by the Academy,” remarked Rex Johnson, HTA President & Chief Executive Officer.  “It is an honor for the Hawaii Tourism Authority to stand behind these individuals who have dedicated their lives to the Hawaiian culture and what it means to Hawaii.”

 

CNHA, a nonprofit supporting Native Hawaiian communities, coordinates the annual conference to unify and celebrate the work of hundreds of organizations working to perpetuate culture, promote healthcare, affordable housing and educational initiatives.  The Council will host the 4th Annual Native Hawaiian Conference from August 30th to September 2nd in Honolulu, anticipating more than 400 attendees from around the state and country. 

 

For more information on the Hawaiian GRAMMY® Awards Banquet and the nominees, contact CNHA at 808.521.5011 or toll-free at 800.709.CNHA (2642), or visit the CNHA Web site at www.hawaiiancouncil.org.  Tickets are available for $75 per person. 

 

 

 

 

August 8, 2005; Page A11

 

Native Hawaiians Are an Indigenous People

The Wall Street Journal

 

The Akaka bill ("Goodbye, Hawaii1," Review & Outook, July 21) sets up a process for affording Native Hawaiians the same type of limited self-government America has afforded for hundreds of years to Native Americans and for decades to Native Alaskans. There is no possible reason why in a nation that prides itself on justice, fair play, and equal treatment that we would want to treat Native Hawaiians as second class among our indigenous peoples.

 

The special status of Native Hawaiians as an indigenous people of the United States has been recognized by the Congress for almost 100 years. The document admitting Hawaii to the Union recognizes that status, as do more than 100 Acts of Congress. The Akaka bill simply formalizes the relationship.

 

This type of recognition has helped preserve the language, identity, and culture of other indigenous peoples of America, and it will help do the same for Native Hawaiians. The Akaka bill has the support of Republicans and Democrats in Hawaii; a 2005 resolution supporting the bill passed the Hawaii legislature with only one no vote, and the bill also has the support of all of Hawaii's mayors and our entire congressional delegation.

 

Your editorial states that the Akaka bill is race-based. This is simply untrue. Those initially eligible to vote for a Native Hawaiian Governing Entity must trace their ancestry to those who lived in Hawaii before Captain Cook arrived in 1778. The U.S. Supreme Court has specifically stated that recognition afforded to indigenous people is political not racial, and is authorized by specific provisions in the U.S. Constitution, including the "Indian Commerce Clause."

 

Your editorial talks of the "secession" of Hawaii from the U.S. Nothing of the kind will occur, and there is nothing in the Akaka bill that could furnish any support for your editorial's outlandish scare tactic.

 

And, finally, your editorial cites a "push poll" commissioned by Akaka bill opponents that is filled with misleading and inaccurate questions. Hawaii's citizens, business leaders, and politicians overwhelmingly support the Akaka bill because it is fair and just. We believe Congress will pass the Akaka bill and the president will sign it for just those reasons.

 

Linda Lingle
Governor of Hawaii

Mark Bennett
Attorney General of Hawaii
Honolulu

 

 

 

 

August 08, 2005

 

Text from Robbie Alm's Speech, 'Iolani Palace Unity Rally

The following is the complete text from the speech made by Robbie Alm during the Kamehameha Schools' Unity Rally on Saturday, August 6, 2005 at 'Iolani Palace.

A great harm has befallen our Hawai'i. As you have heard, and as you know, a great harm has befallen Hawaiians.

And know this, a great harm has also befallen those of us who are not Hawaiian, and that harm comes not from the Kamehameha Schools admissions policy.

It comes from ill-conceived acts such as the recent Ninth Circuit Court decision. That Court somehow believes that it has vindicated my rights as a non-Hawaiian. I say to the Court, I need no vindication as I have no "right" involved here that needs to be addressed by you.

Stay away!

I do not need you to force others to give me a gift that I was not intended to receive ….

I do not need you to force others to extend to me a very special aloha that was meant for others.

This I do not need, nor do I want it.

And I do not feel "trammeled" by the Kamehameha Schools admissions policy; but I do feel trammeled when such legalisms take precedence over the health of our islands' social fabric ….

I do feel trammeled when such legalism take precedence over the unique legacy of this Ali'i's gift to her people and

I do feel trammeled when such legalism take precedence over the aloha which this gift embodies.

It should disturb us greatly, all of us, Hawaiian and non-Hawaiian, when laws designed to lift the yoke of slavery from black Americans are used as weapons to harm native people.

It should disturb us greatly, all of us, Hawaiian and non-Hawaiian when law loses its sense of purpose, of higher values, and instead of nurturing and celebrating our special heritage … condemns it with the harsh and ugly words of civil rights violation.

And, it must disturb us greatly, all of us, Hawaiian and non-Hawaiian, when instead of assisting us to engage in the critical struggle of reconciling two great heritages, the law instead feels compelled to diminish one as if that will somehow build a healthy and pono society.

They are wrong ... wrong on all counts.

I was born and raised on this island. As I grew up, classmates would leave our schools to attend the Kamehameha Schools.

I did not say "why can't I go?" I did not.

I did not say it because even as a child, I knew that there were plenty of other options available to me.

I did not say it because even as a child, I was taught by my parents and I knew that in life, we all receive gifts but not necessarily the same gifts, and that we should celebrate the gifts we receive, not covet the gifts of others.

I did not say it because even as a child, I knew that a Princess of our land had made a choice on whom to bestow her gifts, and that was her choice to make.

And, I did not say it because even as a child, I knew that Kamehameha Schools had a destiny to fulfill which involved my friends and their heritage in a way that did not involve me.

Even as a child, that was okay with me; and it remains okay with me today.

I have never once in my life felt a deprivation of any kind because I could not attend the Kamehameha Schools. Certainly I thought my friends blessed. But their blessing involved no loss on my part.

We all know that there is a serious tension that continues to exist between the laws of the United States and the legacy of the Hawaiian Kingdom.

That conflict is for some irreconcilable.

For others of us, however, reconciliation is a complex, difficult and yet essential task that requires large measures of mutual respect and understanding of our heritages.

This decision reflects no such understanding; it reflects in fact absence of respect. And for all its professions of doing right, it lacks greatness of spirit; it lacks aloha.

A gift is a gift is a gift.

We all need to honor the Princess' gift just as she meant it to be honored.

The laws of the United States are great enough to recognize the importance of the unique Kamehameha Schools legacy. The Federal District Court in Hawai'i and the dissenting opinion proves that to be true.

So let us join together, Hawaiian and non-Hawaiian …

To call upon our court system to live up to its highest purposes and values, and

To call upon our community to stand up for this special legacy and for the proposition that our very future, that of both Hawaiian and non-Hawaiian, depends upon honoring our unique history and the very special institutions that that heritage has given us.

Imua Kamehameha!

 

 

 

 

POSTED: 6:07 pm HST August 3, 2005

 

Law Expert Says Akaka Bill Critical To Kamehameha Case

 

Native Hawaiian Community Split Over Support For Measure

 

HONOLULU -- Hawaii's top constitutional law professor said the most important thing to preserve Kamehameha Schools' Hawaiians admissions policy now is the passage of the Akaka Bill.

 

On Sept. 6, the U.S. Senate will consider Sen. Daniel Akaka's cloture petition to force a vote on the Native Hawaiian Recognition Act.

 

Constitutional law specialist Jon Van Dyke said the so-called Akaka Bill will give an enormous boost to Kamehameha Schools' legal battle to retain its admissions policy

 

"Certainly the single most important thing that could happen in the immediate future would be the passage of the Akaka Bill," Van Dyke said.

 

The Akaka Bill would give native Hawaiians the same federal recognition as Native Americans and Native Alaskans.

 

"And that relationship is very, very important to how the courts review cases," Van Dyke said.

 

Van Dyke said passage of the Akaka Bill would help protect programs like Kamehameha's and spur federal judges to think differently.

 

"If the Akaka Bill were to pass then it would be saying things very explicitly and they would, I think, have to reconsider this decision," Van Dyke said.

 

Even so, Akaka Bill opponents said they still don't want the bill. Vicky Takamine said it would rob Hawaiians of rights and lands they consider sacred.

 

"I would not even consider this bill," Takamine said. "I would be very fearful because we are going to throw all our eggs in the basket to save Kamehameha Schools and lose everything else."

 

Kamehameha Schools' spokesman Kekoa Paulson said in terms of impact, the school's never viewed the Akaka Bill as any kind of magic bullet, but it is looking at it.

 

 

 

 

Posted on: Sunday, August 7, 2005

 

Rally cry: 'Justice now!'

 

By Gordon Y.K. Pang and Will Hoover
Advertiser Staff Writers

 

Conch shells blew and Hawaiian flags waved as tens of thousands of Hawaiians from Kaua'i to the Big Island united yesterday in support of Kamehameha Schools' admissions policy.

 

The massive show of unity was in response to Tuesday's appeals court ruling that Kamehameha Schools' 117-year-old practice of giving admissions preference to students of Hawaiian blood violates federal civil rights laws.

 

An estimated 20,000 Hawaiians and their supporters gathered yesterday at events on five islands — O'ahu, Kaua'i, Moloka'i, Maui and Hawai'i — to hear Kamehameha Schools reiterate its vow to fight the court's decision.

 

"This is the largest unity of Hawaiian people I've seen in my lifetime," said 39-year-old Garay Ke'aka, one of about 15,000 people who participated in yesterday's rally and march on O'ahu.

 

They began with a two-hour rally at 'Iolani Palace, then marched almost two miles along King Street and up Nu'uanu Avenue to Mauna 'Ala, the Royal Mausoleum. Princess Bernice Pauahi Bishop, the school's founder, is buried there with other Hawaiian royalty.

 

On Kaua'i, police estimated 500 people turned out in support of the school's legal battle.

 

"How can people take away from a race that has so little? What kind of mean-spiritedness does it take to do that?" said Imaikalani Patrick Aiu, 29, of Wailua. "I hope it gets reversed. If not, Hawaiians will have to take drastic action — Hawaiians and everybody in the state who believes in justice."

 

In Kona on the Big Island, between 300 and 400 people marched along Ali'i Drive in Kailua village.

 

"Kamehameha is a good school because 90 percent of the students go on to college," said Alexandra Fernandez, whose son is a senior at the school's Kea'au campus. "That's a good education and it's for our Hawaiian children."

 

On O'ahu, Sgt. William Axt of the Honolulu Police Department estimated that 10,000 to 12,000 of the 15,000 people at the morning rally joined in the march.

 

"It takes your breath away to see this much Hawaiians united," said Malia Umi, a University of Hawai'i senior from Pahoa on the Big Island.

 

Umi noted that Hawaiians till now have been divided on issues such as the Akaka bill, which would give federal recognition to Native Hawaiians and Hawaiian sovereignty.

Yesterday, she saw all sides coming together as chants of "Justice now!" echoed throughout the march.

 

"Hawaiians are at the bottom of the socioeconomic ladder," Umi said. "If this is taken away, what else have we got?"

 

About 5,100 Hawaiian and part-Hawaiian students from kindergarten through 12th grade attend the three Kamehameha campuses, funded by a trust now worth $6.2 billion. Admission is highly prized in Hawai'i because of the quality of the education and the relatively low cost.

 

Non-Hawaiians may be admitted if there are openings after Hawaiians who meet the criteria have been offered admission.

 

The lawsuit against the school was brought by an non-Hawaiian student, identified only as John Doe, who was turned down for admission in 2003.

 

On O'ahu, school trustee Nainoa Thompson set the mood for the day when he read from a speech that was given by former Kamehameha principal Adrick Thompson (no relation) more than a century ago. The speech told of the need for Hawaiians to stand up for what they believe belongs to them, including their heritage.

 

The century-old speech, Nainoa Thompson said, also described Kamehameha as "the last hope of the Hawaiian people."

 

One thing that the former principal got wrong, he said, was his fear that Hawaiians would stand alone in their plight.

 

"That court ruling touched a deep, deep nerve in all of us," Thompson said. "Hawai'i is special and at the core of that specialness is what grounds the culture here is the Native Hawaiian's culture. I don't believe we are standing alone."

 

Gov. Linda Lingle, who walked in the O'ahu march with Lt. Gov. James "Duke" Aiona, chief of staff Bob Awana and other members of her Cabinet, touched on the same subject as Thompson.

 

While people in Hawai'i disagree on many issues, most people are "in exact alignment" on the Kamehameha issue, the governor said. "And we need to be in exact alignment today."

 

Lingle added: "Regardless of the legal basis for this position, this is not a just position."

 

The two attorneys who represent the child challenging the admissions policy said they do not believe that the judges of the 9th U.S. Circuit Court of Appeals will be swayed by yesterday's display of unity.

 

Sacramento-based attorney Eric Grant said he respects the right of those who gathered to rally yesterday. "That's fine, this is America, we have free speech," he said. "The case is going to be resolved in court, though.

 

"If they have any impact at all, it's probably negative for the schools," Grant said. "To my experience, (judges) generally don't like to be pressured. I think in 99 percent of the cases, they ignore it, and if they take any account of it at all, they probably resent it."

 

John Goemans, the Hawai'i attorney representing John Doe, also said he does not believe that the rallies would have any impact, but said he was impressed with the large turnout on O'ahu.

 

"That's a big crowd," he said. "Anybody can demonstrate all they want but that isn't how issues are decided."

 

Robbie Alm, a Caucasian who resides on O'ahu, said he never felt envy when Hawaiian friends of his entered Kamehameha.

 

"I knew I had other options," he said.

 

"As a child, I had learned from my parents that we all get gifts in our lives but not always the same gifts.

 

"And you do not covet the gifts of others."

 

The Associated Press contributed to this report.

 

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com and Will Hoover at whoover@honoluluadvertiser.com.

 

 

 

 

Posted on: Sunday, August 7, 2005

 

Complex issues go beyond school admissions and race

 

By Derrick DePledge
Advertiser Capitol Bureau

 

Maka'ala Rawlins considered himself lucky when he was accepted to Kamehameha Schools as a freshman, although he did not think the school was offering him some kind of affirmative action. He was far from wealthy, but he knew he would be attending a prestigious Native Hawaiian private school that was a clear cut above a public school in quality.

 

"It's like another Punahou. Another Iolani. I just thought of it as an opportunity to get a better education," said Rawlins, a college scholarship counselor and community advocate in Hilo, who graduated from Kamehameha in 1997.

 

The 9th U.S. Circuit Court of Appeals invalidated Kamehameha's admissions policy Tuesday, ruling that its exclusive preference for Native Hawaiian students is illegal racial discrimination under a federal civil-rights law that guarantees equality in private contracts. The court, in a 2-to-1 ruling, rejected Kamehameha's argument that its admissions policy was a valid affirmative action plan necessary to reverse the educational and socioeconomic disadvantages of Native Hawaiians.

 

The ruling was the latest by the federal courts to take a limited view of affirmative action, which, since the civil-rights movement of the 1960s, has been seen as a temporary mechanism to attack historic patterns of racial discrimination and move the nation closer to a colorblind society. But, more subtly, it showed the difficulty of fitting the Native Hawaiian experience into laws that were primarily written to protect and advance the rights of black people and other racial minorities.

 

Many Hawaiians are troubled by the depiction of Kamehameha Schools as affirmative action and the acknowledgment by the school's lawyers that the admissions policy is racial. The school, part of a $6 billion trust established by the will of Princess Bernice Pauahi Bishop, was founded before the 1893 overthrow of the Hawaiian kingdom and many believe should be judged in a political context.

 

A Native Hawaiian federal recognition bill would give Hawaiians status similar to American Indians and Alaska Natives, with the right to form their own government that could negotiate with the United States and the state of Hawai'i. The bill, now before the U.S. Senate, could give Native Hawaiians a stronger legal claim to defend Kamehameha and other Hawaiian-only programs as political and untangle the obvious conflicts with civil-rights law.

 

"I think the courts will continue to look very closely at any racial classifications," said Neil Richards, an associate professor of law at Washington University in St. Louis and a former law clerk to Supreme Court Chief Justice William Rehnquist.

 

The Supreme Court's seminal case on affirmation action came in 1978, when the justices ruled that strict racial quotas at the University of California Davis medical school were unconstitutional. But the court held that race could be used as a factor in college admissions because the state had a compelling interest in promoting diversity.

 

In 2003, the court upheld an admissions policy at the University of Michigan law school that used race as one of many factors in weighing prospective students. But the court rejected the admissions policy for the university's undergraduates because race was a decisive factor, virtually guaranteeing that all qualified minority applicants would be accepted over similarly qualified whites. Associate Justice Sandra Day O'Connor, who wrote the majority opinion in the law-school decision, found the use of racial classifications so potentially dangerous that they should not be made permanent.

 

"We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today," wrote O'Connor, who is retiring from the court.

 

The appeals court in the Kamehameha case — since it was dealing with a private institution — looked for guidance in a 1979 Supreme Court decision that upheld a training program at Kaiser Aluminum and Chemical Corp. that reserved half of its slots for black workers. The United Steelworkers of America and Kaiser argued that the preferences would increase the number of black workers in skilled-craft jobs, ending patterns of segregation, while still allowing white workers to advance at the company.

 

Kamehameha's admissions policy, the appeals court found by comparison, amounted to an "absolute bar" for non-Hawaiians. "Indeed," the court wrote, "the sub-text to the schools' policy — that of all those who are found in poverty, homelessness, crime and other socially or economically disadvantaged circumstances, only native Hawaiians count" reinforced race as a determining factor.

 

Asked last week whether she agrees with Kamehameha that the school's admissions policy is part of a valid affirmative action plan, Gov. Linda Lingle deflected the question. Although the governor called the appeals court decision "a bad ruling," she said the state would focus on the political relationship between Native Hawaiians and the federal government as it defends legal challenges to the state Office of Hawaiian Affairs and the state Department of Hawaiian Home Lands.

 

"My position on the admissions policy is that it's not about race, it's about a political relationship between the Hawaiian people and the American government," Lingle said. "And the fact is you could go to Kamehameha Schools right now and you could find people who are 95 percent Caucasian and 5 percent Hawaiian and they're admitted to Kamehameha Schools.

 

"You could find students who are 95 percent Chinese and 5 percent Hawaiian and they're admitted to Kamehameha Schools. And it's true of Filipinos, Japanese and every other ethnic group in the state. In fact, I think the school is a perfect example of the great diversity that we have in our state."

 

The vivid reaction to the appeals court decision, both in the Hawaiian community and within much of Hawai'i's political establishment, shows the pride and passion many have for Kamehameha.

 

Kamehameha's symbol as a Hawaiian institution has remained strong even though, as the appeals court noted, Pauahi had wanted instruction only in English and by Protestant teachers. It was the original trustees at the school, the court found, who determined that Pauahi intended a Native Hawaiian preference in admissions.

 

Some Hawaiians are disturbed that civil-rights laws initially intended to protect minorities are being used as a legal weapon against Kamehameha and other Native Hawaiian programs. Native Hawaiians continue to score among the lowest on standardized tests in public schools, and Kamehameha has long held the promise of greater opportunity for students who stand out.

 

Jon Osorio, the director of the Center for Hawaiian Studies at the University of Hawai'i-Manoa, said he believes there is strong compassion among all people in the state for what Hawaiians have lost since the overthrow. The state's tourism industry, he said, largely depends on preserving the host culture so people have a practical, as well as an idealistic, stake in not antagonizing Native Hawaiians.

 

But Osorio also said there are some in the sovereignty movement who object to the way Kamehameha Schools has been portrayed.

 

"There are a number of people who would argue that affirmative action has absolutely nothing to do with the Hawaiian situation since we are not Americans and the theft of our country does not in any way resemble the kind of situation that African-Americans and people of color face in the United States," Osorio said.

 

"Their kinds of dispossession have been very different. Ours is a matter of simply taking our government and leaving us really helpless to fight dispossession through law.

 

"Affirmative action implies that people who have been oppressed over a long period of time should get a helping hand in order to sort of level the playing field. As far as some Hawaiians are concerned and many activists are concerned, it's not about leveling the playing field, but giving us back our playing field.

 

"This is our land. This is our government. It was our nation. And so, for those people, Kamehameha's use of that argument flew in the face of what the sovereignty activists argue."

 

There are examples, both here and on the Mainland, of schools that promote ethnic identity and cultural awareness but do not restrict admissions based on race. Native Hawaiian-themed charter schools, which are part of the state Department of Education but also receive money from Kamehameha, are reporting some success at reaching Hawaiian children who have not done well at traditional public schools. The federal government, since the 1960s, has taken an active interest in supporting historically black colleges and universities.

 

Rawlins, the 1997 Kamehameha graduate, said it makes sense for Kamehameha to want to preserve Hawaiian culture and natural for Hawaiian students to want to understand their history. But he said the school should use its wealth to educate low-income children from all backgrounds. The princess had wanted a portion of the trust to be used to educate "orphans, and others in indigent circumstances, giving the preference to Hawaiians of pure or part aboriginal blood."

 

"I would much rather see them go back to the letter of the will and serve indigents, with a preference to Native Hawaiians," Rawlins said. "Everybody needs a good education.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.

 

 

 

 

Posted on: Tuesday, August 9, 2005

 

Non-Hawaiian won't attend Kamehameha

 

By Ken Kobayashi
Advertiser Courts Writer

A non-Native Hawaiian senior won't be able to enroll immediately at Kamehameha Schools and may never get a chance to attend the private school.

Sacramento, Calif., lawyer Eric Grant, who represents the unnamed youth, asked the 9th U.S. Circuit Court of Appeals to order the school to accept the teenager this fall.

The decision is clearly a setback for the student, who is about to enter his senior year in a public high school. Classes for seniors start on Kamehameha's Maui campus on Thursday and on the school's Kapalama and Big Island campuses Aug. 18. The next step of the legal process could last more than a year.

Grant said he and his client were still considering their next move, which may include asking the court to immediately send the case back to the federal District Court, which originally heard the case. Grant said he remains confident he can get a ruling this month.

"One way or the other, we will have an answer," he said. "We think the answer will be in our favor."

Supporters of the admissions policy hailed yesterday's development. One said it relieves the youth from being placed in "a very uncomfortable position." Grant, however, said the boy still wants to attend Kamehameha Schools.

The request to enroll the student this fall was filed in the wake of the court's 2-1 decision last week declaring that the school's admissions policies amounted to a total ban on non-Native Hawaiian applicants and constituted unlawful racial discrimination.

That same three-judge panel who issued the ruling last week rejected the request to admit the student.

The panel said Grant could refile the request, but only after the appeals court process is completed and the case is returned to senior U.S. District Judge Alan Kay in Honolulu. The appeals court is headquartered in San Francisco.

The appeals court's split decision last week created an uproar at Kamehameha Schools and among its supporters, who believe the admissions policy is at the heart of the $6 billion institution created by the 1884 will of Princess Bernice Pauahi Bishop.

SIGH OF RELIEF

The appeals panel majority rejected the school's argument that the policy was protected as an affirmative action program aimed at dealing with socio-economic and educational disadvantages among Native Hawaiians. On Saturday, an estimated 20,000 people rallied, attended prayer services and marched on several islands in support of the school.

Under federal court rules, the appeals court process could take several weeks, assuming Kamehameha Schools' request for a larger panel to review the case is denied outright.

However, if the request for a rehearing "en banc" — by 11 9th Circuit appeals judges — is granted, it could take a year or longer before a final decision is rendered, which would be after the youth is scheduled to graduate.

Ann Botticelli, Kamehameha's vice president of community relations and communications, said it's "appropriate" the appeals court has left the matter with the district judge here.

Marion Joy, vice president of Na Pua a ke Ali'i Pauahi, an organization of stakeholders, alumni, parents and students of Kamehameha Schools, said she "breathed some relief" at the latest court ruling.

"They have taken him (the unnamed student) out of a very uncomfortable position at this point which we don't wish any child to have to undergo," said Joy, a 1961 graduate of the school.

"There are larger issues that need to be addressed in terms of ways to work on restoring justice. I don't think it's a good position to even place a minor in with this wave of emotions besetting the community. I cannot fathom any parent willing to place a child in the midst of such controversy and enraged emotions."

Steve Reelitz, president of the school's O'ahu Alumni Association, called yesterday's decision "great news."

"I just think every win in our corner is positive," said Reelitz, who also works for Kamehameha Schools' Ke Ali'i Pauahi foundation. "Every little piece of affirmation is a good thing. It gives hope and helps us to continue on in this fight."

Peter Kama, who serves on several Native Hawaiian boards, said he was "very happy" about the decision. He said he knew the school was preparing to take care of the student if he were allowed to attend — "he'd be treated just like any other student" — but he said this decision is better for the boy.

"It's not the child's problem," said Kama, a 1953 Kamehameha graduate and one of the founders of a group that advocates for Hawaiian Homelands applicants. "It's a problem between the legal beagles and the school administration. Children should never be dragged into this."

Despite the rallies and march-es, Grant said, his client and the child's mother still want him to attend the school.

The student is identified only as "John Doe" in court papers. He has been trying to get into Kamehameha Schools since he was a freshman, his lawyers have said.

"We talked about this more than two years ago," Grant said. "We talked about (how) there would be opposition and there would be difficulty. And both the mother and, to his credit, the student himself realize this is an important issue.

"It's important not just for him and his family, but other people in Hawai'i, other people in their situation, other people who want to be treated without regard to race and ancestry."

Yesterday's one-sentence decision by the panel did not elaborate on the reasons, but it affirmed the general rule that the enforcement of the appeals court decision is left to the trial or district judge after the appeals process is completed.

"That makes perfect sense," Grant said. "District courts do these kinds of things regularly."

WAITING PERIOD

The ruling means Kamehameha Schools does not have to respond by this week to Grant's request for the court order, which he had argued was necessary because the challenge to the appeals court decision likely would be pending for a "significant period of time."

The school's lawyers must now prepare request for a hearing by 11 appeals court judges. Under federal court rules, they have until later this month to file the request, which will automatically postpone the enforcement of the panel's decision. If any one of the appeals court's 28 judges believes the matter should be put to a vote, the judges will be given the opportunity to decide whether to grant the rehearing.

If a majority votes for a rehearing, 11 judges from the 9th Circuit would be randomly selected to review the ruling and issue a decision, a process that could take longer than a year.

The earliest the case could be returned to Kay under federal rules is if none of the judges believe the matter should come up to a vote, a process that still could take several weeks.

Although en-banc hearings are rarely granted, some lawyers who support the admissions policy say the school has a good chance of getting a rehearing in view of the split 2-1 vote and the significance of the case as it affects private educational institutions.

But lawyers also say there's no way to predict the outcome of the 11-member panel's vote, since no one knows at this point which judges will be selected to rehear the case.

Staff writer Beverly Creamer contributed to this report. Reach Ken Kobayashi at 525-8030 or kkobayashi@honolulu advertiser.com.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.

 

 

 

 

Posted on: Thursday, August 4, 2005

 

Ruling emboldens OHA, Home Lands opponents

 

By Rick Daysog
Advertiser Staff Writer

 

Efforts to abolish the Office of Hawaiian Affairs and the state Department of Hawaiian Home Lands have gained momentum after a federal appeals court struck down the Kamehameha Schools' century-old admissions policy, according to the lawyer who's challenging the state programs.

 

But Native Hawaiian activists and attorneys believe that the two lawsuits are dissimilar and are likely to have different outcomes.

 

Bill Burgess, attorney for Earl Arakaki and about a dozen local residents who are seeking to dismantle OHA and DHHL, said that Monday's ruling by the 9th U.S. Circuit U.S. Court of Appeals to overturn Kamehameha Schools' Hawaiian-preference admissions policy signals the court's reluctance to uphold race-based programs, whether it's in a private organization like the Kamehameha Schools or a public entity such as OHA or DHHL.

 

"It's encouraging because we are dealing with the same issues on the two cases," Burgess said.

 

A 9th Circuit panel is reviewing Burgess' appeal to the Arakaki v. Lingle lawsuit, which argues that government social-assistance programs such as OHA and DHHL that provide money to people based on race are unconstitutional.

 

U.S. District Judge Susan Oki Mollway dismissed the lawsuit last year, saying the programs are mandated by federal law and that Arakaki and the others as state taxpayers don't have standing to challenge the federal law.

 

Burgess said he believes that the makeup of the 9th Circuit panel is favorable to his cause.

 

One of its members is Jay Bybee, who authored the opinion that struck down Kamehameha Schools' admissions policy. And another member is a potential swing vote, Melvin Brunetti, who was appointed to the bench by President Reagan and known for his conservative views, Burgess said.

 

Burgess also noted that Bybee, who authored the opinion in the Kamehameha Schools case, paid close attention to the U.S. Supreme Court's ruling in the Rice v. Cayetano case, which struck down the Hawaiians-only voting for OHA elections. The landmark 2000 ruling designated Hawaiians as a racial group and not as a political group, paving the way for new challenges to social programs tailored to Native Hawaiians.

 

The third panelist is Susan Graber, who also was a member of the Kamehameha Schools panel and authored the dissenting opinion in defense of the school's admissions policy.

 

Graber, a Clinton appointee, is well known for her defense of affirmative action programs. Last year she wrote a dissenting opinion to a 9th Circuit decision that rejected the Seattle School District's use of racial "tie-breakers" to assign African-American students to popular schools.

 

The panel's decision in the Seattle case is being reviewed by a new 11-member 9th Circuit panel after the school district was able to convince the full 9th Circuit to conduct such an en banc, or full, review.

 

Kamehameha Schools said it plans to file for en banc review of its case.

 

Former state Supreme Court Justice Robert Klein said he sees the 9th Circuit's leanings in the Arakaki case differently.

 

Klein, who represents the state Council for Hawaiian Homestead Associations, said that Brunetti in particular is very aware of the issues that are under appeal. Unlike the Kamehameha Schools case, which is focused on civil rights laws, Klein said the issue in the Arakaki case is one of standing and the panel's questions during oral arguments held last year reflected that.

 

Constitutional issues that Burgess hopes to raise aren't going to be addressed by the appellate court, Klein said.

 

If the panel rules that Arakaki doesn't have standing to bring the case, it essentially upholds OHA and DHHL's right to operate, he said.

 

If the panel grants standing to Arakaki, then the case has to be sent back to the lower courts in Hawai'i for further hearings on the constitutional challenges to the Hawaiian programs, Klein said.

 

"The similarities are very few and very far between," said Klein.

 

Reach Rick Daysog at rdaysog@honoluluadvertiser.com.

 

 

 

 

Posted on: Sunday, August 7, 2005

 

Never say goodbye to Hawai'i

 

By Lynda Arakawa
Advertiser Staff Writer

 

When a photographer gives a tourist a lei at a lu'au only to take it back after the picture is shot, that's not true Hawaiian culture.

 

When a Waikiki business puts Hawaiian words on a sign but they make no sense, that's not promoting the Hawaiian language.

 

Hawaiian culture adds to the state's appeal as a destination, but some tourism leaders worry that businesses can do more harm than good when they portray the culture inaccurately or are insensitive to the concerns of Hawaiians.

 

"If you're not going to do it right, then don't do it at all," said Ramsay Taum, community outreach coordinator with the University of Hawai'i School of Travel Industry Management educational and community outreach program. When businesses "commercialize cultural aspects that actually have cultural, historical and spiritual significance to the host culture, it's really sad," Taum said.

 

The growing number of travelers seeking more authentic cultural experiences and concerns about tourism's impact on the community are fueling an effort to get more Native Hawaiians involved in the visitor industry and reverse what many see as the commercialization of Hawaiian culture.

 

"What we need to do is step up to the plate and really make a concentrated effort to move and change the visitor industry," said T. Lulani Arquette, the executive director of the Native Hawaiian Hospitality Association. "If we don't, I don't think that the visitor industry is going to be as successful.

 

"We have many Hawaiian employees in the industry and probably a handful of managers, but we really need to step up in bigger ways."

 

The Native Hawaiian Hospitality Association — a private, nonprofit organization at the center of efforts to promote Hawaiian culture, values and traditions in tourism — advocates:

 

 

 

"What we have found in many instances that the information they're giving is totally inaccurate about whatever it may be, about a particular history of the place, about an ali'i, about a cultural tradition, you name it," Arquette said.

 

 

 

Efforts to ensure that the visitor industry accurately represents and respects Hawaiian culture aren't new, and many acknowledge tourism has made strides in certain areas. But Arquette and others say more needs to be done.

 

PERPETUATING CULTURE

 

The Hawai'i Tourism Authority more than doubled its funding for Native Hawaiian programs this year to $1.5 million. Gov. Linda Lingle appointed two Native Hawaiian members to the HTA board last year. The agency also included honoring and perpetuating the Hawaiian culture and community among its nine initiatives in its 10-year strategic plan covering 2005 through 2015.

 

"Wherever we went around the various counties, issues about losing our identity and the uniqueness of Hawai'i came up, and to that end, we've got to make sure that we don't do that," said Hawai'i Tourism Authority CEO and president Rex Johnson. "We don't want to be like any other sand-and-surf destination. Hawai'i is a special, unique place because of the Hawaiian culture."

 

UH's School of Travel Industry Management is working on an outreach program to provide more opportunities for Hawaiian students to enter and graduate from the school, a goal included in a 2004 resolution from the Association of Hawaiian Civic Clubs. The resolution also called on the school to increase the number of Native Hawaiian faculty and staff, which dean Walter Jamieson supports.

 

The travel industry management school also put together a Native Hawaiian Advisory Council last year, has been offering a course on "management by Hawaiian values," and is looking at more initiatives that emphasize the importance of the host culture.

 

The Native Hawaiian Hospitality Association — which was founded in 1997 by businessman Kenneth Brown and the late cultural historian George Kanahele — was recently hired by the HTA to assist the agency with its Hawaiian culture initiative. Arquette, former chief executive of the nonprofit organization Alu Like Inc., joined the association in May as its first executive director and is seeking support from other institutions to carry out the organization's work.

 

'STRONGER PRESENCE'

 

The association plans to meet with Native Hawaiian organizations, the community and cultural practitioners statewide through next year, "really engaging Hawaiian communities and getting their thoughts as to what are some of the things that we need to do to correct and improve in the industry," Arquette said.

 

"Since tourism is the No. 1 industry in Hawai'i, and it probably never will change because we are an island economy, it's really key from my perspective that Native Hawaiians have a stronger presence in the visitor industry and ... they're up there right alongside everyone else and leading the efforts to promote more cultural-based tourism," she said. "We need to move it forward to this next level out of the stage we've been in, which is sort of alienation."

 

The efforts in the community will culminate in a statewide Native Hawaiian conference on tourism tentatively set for next spring that planners hope will result in a "greater appreciation and understanding of the role that Hawaiian culture, traditions and values can play in our visitor industry," Arquette said.

 

Listening to the concerns of the Hawaiian community is key.

 

"The industry now has an opportunity to work in partnership with communities and cultures and not superimpose upon them the economic model that the guest is always right," said Taum, also associate director of the Native Hawaiian Hospitality Association. "This is an opportunity for them to turn it around and say how does the host benefit. What's good for the resident should be good for the guest."

 

Efforts to involve more Native Hawaiians to help shape the visitor industry are necessary, and it's about time, said Toni Lee, president of the Association of Hawaiian Civic Clubs.

 

"It's exciting that we do this, because that's what is needed for our Hawaiian people and for the state of Hawai'i so that we are educating everybody on the need of getting our people in leadership positions in tourism," said Lee. "It will help the whole industry because we are here, the culture is ours, we've grown up in it, we know it, we live it."

 

It's unclear what kind of impact this effort will ultimately have on Hawai'i's visitor industry, which generates nearly $11 billion in tourist spending a year. While it's difficult to find anyone in the industry who will argue against preserving Hawaiian culture and values, exactly what that means and how to carry it out is sometimes subject to different interpretations.

 

"There's a segment of the industry that is just not interested, and they tend to continue to perpetuate what I call the colonizing model," said Peter Apo, director of the Hawaiian Hospitality Institute, the consulting arm of the Native Hawaiian Hospitality Association. "But I'm surprised at the number of visitor institutions that are interested. But they don't know who to talk to."

 

That's where the Native Hawaiian Hospitality Association can help, he said.

 

"When we talk about Hawaiian culture, it's not just Native Hawaiian culture, it's about the culture of Hawai'i, about the contribution that people who are raised in Hawai'i, who have the spirit, people who I describe as being of Hawai'i, rather than just from Hawai'i," Apo said. "Tremendous resource, and it's so overlooked by the industry."

 

Arquette and tourism officials say it's in the visitor industry's best interest to take more steps to perpetuate and protect Hawaiian culture because visitors are becoming more sophisticated and are seeking more authentic cultural experiences.

 

"Aside from (being) the right thing to do, (many studies show) that's where the trends are moving," Arquette said.

 

Visitors in Waikiki last week appear to support that.

 

HAWAIIAN TOUCH

 

Vermont teacher Hasse Halley made sure to visit the Bishop Museum and the Polynesian Cultural Center. She said she loves Hawaiian music and "the greeting of the lei and the kiss."

 

"It's what makes this community unique, and without it, it's going to be lost forever and then we're all just going to be the same," said Halley, 64. "You won't know whether you're in Miami Beach, Florida, or Honolulu."

 

Canadian resident Chris Fleming, visiting Hawai'i with his family, felt the same way.

 

"My upbringing is that you go somewhere, you learn about the people," he said. "A beach is a beach, a city is a city, but if you learn more about the people and where you are, you take back more."

 

British residents David and Jean Watkins, who are in their 50s, planned to explore the island beyond Waikiki.

 

"We don't actually know what the culture is, walking around here," said David Watkins, a management professor here for a conference. "I find a lot of cheap souvenirs that you could get anywhere."

 

Jean Watkins, an education adviser, said: "I'd like to see the real Hawaiian crafts and culture."

 

There are some Native Hawaiians, however, who don't welcome the visitor industry at all. Some of those feelings were ignited following last week's 9th U.S. Circuit Court of Appeals ruling that struck down as "unlawful race discrimination" Kamehameha Schools' century-old admissions policy giving preference to Hawaiians.

 

Native Hawaiian activist Keali'i Gora has said he and others are going to go into Waikiki and "hit the economic situation, we're going to hit them hard and we're going to tell them leave, tell the tourists to leave. Because we're not pleased with what's going on."

 

Lee, of the Association of Hawaiian Civic Clubs, said the majority of Hawaiians don't feel that way. "How do you teach people about Hawai'i if you don't bring them here?" she said.

 

But Native Hawaiians also are uniting in support of Kamehameha Schools, and that can contribute to discussions in other areas affecting Hawaiians, including tourism.

 

"I think it can help because it's creating opportunities for a lot more discussion on all areas that impact Native Hawaiians in the state," Arquette said.

 

Taum said more businesses are looking at how they can incorporate more Hawaiian culture and values and maintain their bottom line.

 

"Ultimately that's going to be the deciding factor: whether they can make money on it," Taum said. "But then you have people like Mike White at Ka'anapali (Beach Hotel), which makes money, (and) they've made a commitment to Hawaiian culture and the place. ... It's not like it can't be done, it's just a matter of what you really want to do."

 

Reach Lynda Arakawa at larakawa@honoluluadvertiser.com.

 

 

 

 

LATEST NEWS

 

Pacific Business News (Honolulu) - 7:07 PM HST Sunday

 

More Grammy input sought

The process for choosing the 2006 Grammy Awards has begun, and local officials and musicians are asking for more involvement in the Hawaiian music award.

 

"It's important that our local music industry is aware of some important deadlines and understand the process leading up to the Grammy awards program," said Judy Drosd, chief officer for arts, film and entertainment within the Hawaii Department of Business, Economic Development & Tourism.

 

Last year many local musicians did not participate in the process, then expressed disapproval when the first Hawaiian music Grammy went to an instrumental compilation album rather than an album with songs in Hawaiian.

 

Even the man who won is asking for more involvement this time.

 

"The amount of national and international media coverage on Hawaii's Grammy Award has been enormous and will have a positive effect on everyone," said Charles Michael Brotman, who produced Slack Key Guitar, Volume II. "The more artists that become involved in the process by submitting nominations and voting, the more exposure the music of Hawaii will get."

 

While the next Grammys won't be handed out until Feb. 8, deadlines for nominating albums are coming up in just a few weeks.

 

Online entry is possible now through Sept. 2, and Aug. 23-Sept. 7 is the final round for eligible record labels (currently pre-registered with the Recording Academy) to submit albums. Entries that meet eligibility requirements will be voted on by academy members, yielding nominations announced Dec. 7.

 

Only academy members can vote but an artist does not need to be a member to be nominated.

 

Oct. 1 is the last day for music professionals to join as voting members and vote on both the selection of the nominees and the Grammy winner. To become a voting member, an individual will need to have a creative or technical credit on at least six tracks (or their equivalent) in at least one voting discipline and the album must have had a U.S. commercial release. It doesn't matter whether qualifying tracks are on one album or several.

 

"If more local artists join, it will have a substantial impact on the selection of nominees and the winner," said Ben London, executive director of the Pacific Northwest Chapter of the Recording Academy.

 

There are 17,000 voting members nationwide but fewer than 100 in Hawaii.

 

"Since Hawaiian music is in the folk category -- a category that traditionally does not get a lot of votes -- Grammy members in Hawaii can have a major impact on which artist wins," London said.

 

For more information: 206-834-1000.

 

Nominees for Best Hawaiian Music Album must have been released between Oct. 1, 2004 and Sept. 30, 2005. Albums must be newly recorded (material that has been recorded within five years of the release date and not previously released),

 

commercially released during the eligibility period, and must be in general distribution in the United States. Vocals must be predominantly in the Hawaiian language. While the category is for recordings of a more traditional nature, it also allows for contemporary recordings containing substantial traditional elements, as well as instrumental recordings.

 

"As of the end of July, there are approximately 40 albums released that would be eligible for consideration in the Best Hawaiian Music Album category," said Alan Yamamoto, president of the Hawaii Academy of Recording Arts and board member of the Pacific Northwest chapter of the Recording Academy. "However, an album still must be submitted through the nomination process in order to be considered."

 

 

 

 

Posted on: Saturday, August 6, 2005

 

Replacement for Hiraki sought

 

Advertiser Staff

 

Gov. Linda Lingle is inviting Democrats interested in replacing state Rep. Ken Hiraki, D-28th (Iwilei, Downtown, Makiki), to submit their resumes to her office by Aug. 18.

 

Yesterday, the governor said she would meet with three finalists for the post and make her decision by Sept. 9. Hiraki resigned last month to become the director of governmental affairs for Hawaiian Telecom. His resignation is effective Sept. 1.

 

Lingle has 60 days from the vacancy to appoint a replacement but said she would act quickly so members of the district would not be without a representative. The governor must select a Democrat because the law requires replacements to come from the same political party as the lawmaker who left office.

 

"This process is designed to be inclusive and transparent, with the goal of selecting the best individual to represent the people of the district," Lingle said in a statement. "Whether they want to be considered as a candidate themselves or they know someone who they would like to see fill the vacant seat, we want to give residents a chance to take part in serving their community and the state."

 

Lingle asked potential candidates to send a resume and a one-page letter explaining why they are the best person for the post. Candidates must be at least 18 years old, a citizen of the United States, a resident of Hawai'i for at least three years, and a voter in the 28th district.

 

 

 

 

POSTED: 1:05 pm HST August 7, 2005

 

Hawaiian Homelands Offers 150 New Leases

 

TheHawaiiChannel.com

 

HONOLULU -- The Department of Hawaiian Homelands is helping more than 100 families across the state move into new homes.

 

About 150 new homestead leases were offered to Native Hawaiian families in July.

 

Three dozen of the leases are for 10,000-square-feet lots in Waimea on the Big Island.

 

A lottery system was used to determine who would receive leases.

 

"I'm ecstatic, I mean, a dream come true for us. I don't know... I'm just overjoyed. I can't believe this is happening to us," said Robin Naphiha`a, who received a lease.

 

The Department of Hawaiian Homelands hopes to offer more than 1,000 leases in the next year.

 

 

 

 

Posted on: Friday, August 5, 2005

 

OHA grants to benefit two programs

 

Advertiser Staff

 

The Office of Hawaiian Affairs has awarded Catholic Charities of Hawai'i a $100,000 grant for its Ma'ili Land Transitional Housing program.

 

The money will help homeless families of Hawaiian ancestry make the transition to permanent housing. Families also will receive case management services, education and job and income development services.

 

OHA also gave $46,250 to Hawai'i Maoli, an entity of the Association of Hawaiian Civic Clubs.

 

The money will support the Ke Alaula O K Hulilau Project, which documents the oral histories of elders for preservation and future use.

 

 

 

 

Posted on: Friday, August 5, 2005

 

Awards recognize work toward Hawaiian health

 

Advertiser Staff

 

Papa Ola Lokahi has presented the following with Kaonohi Awards for their commitment to the health of Native Hawaiians: U.S. Sen. Daniel Akaka; Patricia Zell, U.S. Senate Committee on Indian Affairs; Patrick DeLeon, with U.S. Sen. Dan Inouye's staff; Betty Jenkins, retired educator; and Benjamin Young, director, Native Hawaiian Center of Excellence, University of Hawai'i medical school.

 

Also honored were Anita Arce, Mary Fragas, Father Joseph Hendriks, Levon Ohai, Henry Nalaielua, Momilani Poepoe (posthumously), Bernard Punikaia, Marie Leimomi Ruane and Maka'ala Yates.

 

 

 

 

August 3, 2005

 

U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

FOR IMMEDIATE RELEASE

Media Contact: Maria Streshinsky
(202) 208-4289

Reform Efforts Improve Services for Indian Trust Beneficiaries Across Indian Country

Since the passage of the American Indian Trust Fund Management Reform Act of 1994, the Department of the Interior has undertaken efforts to improve all aspects of the management of the Indian Trust for future generations. According to Ross Swimmer, Special Trustee for American Indians, "Changes underway are greatly improving services for trust account holders throughout Indian Country. Interior employees, with substantial help from tribal leaders and Congress, have worked hard to create and now implement a comprehensive blueprint for Indian Trust reform."

For the first time in the history of the Indian Trust, beneficiaries have new services available to them including: a toll-free information call center, highly-experienced trust officers in the field who work directly with beneficiaries, an archival records facility, and new land surveyors to work with tribes on land issues throughout Indian Country.

Congressional appropriations have made it possible for Interior to accomplish many aspects of Indian Trust reform for beneficiaries including:

• For the first time in the history of the Indian Trust, account holders can call a nationwide toll-free information center to get answers to their questions. Employees at the Trust Beneficiary Call Center have answered more than 33,000 inquiries from beneficiaries this year. Before the Call Center opened, beneficiaries often had to contact a number of Interior offices—including the Bureau of Indian Affairs (BIA), Bureau of Land Management (BLM), and Minerals Management Service—to get their questions answered. Because beneficiaries are getting answers through the Call Center, BIA and other Interior office staff members have been able to redirect more than 1,600 hours to other Indian program work.

• More than $14.4 million has been distributed to individual Indian trust account holders who were previously on the “Whereabouts Unknown” list through collaborative efforts between the Office of the Special Trustee for American Indians (OST), BIA, and tribal governments. A number of the beneficiaries had more than $50,000 in their accounts; a few had more than $100,000. In the first half of this year 10,177 account holders whose whereabouts were previously unknown were located.

• Millions of Indian Trust records have been safeguarded and protected for future use at the American Indian Records Repository, in Lenexa, Kansas. So far, 119,665 boxes containing almost 250 million pages of Indian records have been electronically indexed and stored at a state-of-the-art storage facility. The new repository, housed near Haskell University on the Missouri River, is already more than half-full of stacks 14 boxes high.

• To date, the equivalent of 153,965 acres of land has been returned to Indian reservations through the Indian Lands Consolidation Office (ILCO) purchase programs to stem fractionation. These programs use appropriated funds to purchase highly fractionated interests and return the land to the tribe, therefore helping to restoring economic viability to the region. So far, ILCO has purchased 162,589 fractionated interests, and is managing acquisition programs for 18 reservations within seven BIA regions.

• Tribal and individual trust beneficiaries now have OST Regional Trust Administrators and Fiduciary Trust Officers, experienced in fiduciary trust matters, available to them for all their trust needs. The new staff members are working at BIA and other offices throughout the country. This is the first time beneficiaries have had staff available to them that are specifically focused on trust asset assistance.

• Land survey issues in Indian Country are being managed by new BLM Indian Lands Surveyors, hired specifically to support Indian Country needs. In partnership, OST, BIA and BLM have hired the first six of twelve cadastral surveyors to work directly with tribes and individuals. This is the first time that surveyors will be stationed in BIA regional offices to work with Indian Trust beneficiaries.

• A new “lockbox” process has been implemented for the collection of trust payments. The new process (used by major financial institutions) has been introduced to the Concho and Anadarko pilot reform agencies in Oklahoma, and will greatly improve the efficiency of trust payment collections.

• Account holders with trust assets in the pilot agency locations will begin receiving comprehensive statements. The improved account statements will include detailed information on land ownership, including location, encumbrances, and income.

The Department of the Interior continues to implement these and other reforms for the management of trust assets developed by tribal leadership, Interior staff, and Congress. These examples are only a few of the changes underway. For information on reform efforts, and Interior’s other Indian Trust efforts such as historical accounting, see the Fiduciary Trust Model and the 21st Quarterly Report to the Court at www.doi.gov/ost.

 

 

 

 

August 9, 2005

 

Queen Emma's Gifts to Church on Display

 

By Taren Fujimoto - The Garden Island

 

With an array of Hawaiian Kingdom artifacts, nineteenth-century Anglican Church items and 80 years of rich heritage on display, the All Saints' Episcopal Church 80th Anniversary Historical Tours offer more than just an ordinary trek through local religious history.

 

"The church and all of the surrounding buildings are definitely overlooked," David Murray, co-chair of the celebration said. "Everyone who passes by always assumes that it's just another church, when the truth is, it's not."

 

All Saints' Episcopal Church in Kapa‘a, the first Anglican church established on Kaua‘i, has strong ties to a host of Hawaiian royalty, including Queen Emma, the wife of Kamehameha IV and mother of Prince Albert Kauikeaouli Lei o Papa a Kamehameha, the namesake of Princeville.

 

The British Anglican church is the forerunner of its American wing, the Episcopalian Church, of which All Saints is a member.

 

The central bay embedded in The Founder's Porch section of the church's Memorial Hall is dedicated to Queen Emma, "through whose instrumentality the Anglican Church was brought to the Islands," as an inscription says, and is a gift donated by the ‘Iolani Guild of St. Andrew's Cathedral.

 

A highlight of the week-long event is a Wednesday evening rededication of an inscribed, rectangular footpath stone honoring the queen. Comprised of a service and ceremonial rites, the event will be attended by Episcopalian dignitaries and other significant individuals and groups from the Hawaiian community.

 

"We have asked a number of different Hawaiian groups to participate in the service and the rededication ceremony afterwards," Mary Smith, co-chair of the celebration said. "We received confirmation a representative from the ‘Iolani Guild and look forward to the attendance of members of the other invited groups."

 

"It will be a nice event," Murray said. "After the church service, members of the Hawaiian Choir from the First Hawaiian Church will lead attendees out of the church, and onto The Founder's Porch for the ceremony. It should be interesting, as they'll all be in their costumes. We will also have a lot of pupus that we plan to eat under the big tree, if the weather permits."

 

"The list of invited persons and groups includes the Daughters of Hawai‘i; the Royal Order of Kamehameha I; Na Wahine Hui O Kamehameha; Aha Hui O Ka‘ahumanu; Hale O Na Ali‘i; Hawaiian Civic Clubs; Department of Hawaiian Home Lands; Alu Like Inc., Kaua‘i Island Center; Kamehameha Schools/Bishop Estate; Ho‘ola Lahui Hawai‘i; Office of Hawaiian Affairs; Queen Liliu‘okalani Children's Center; and other organizations and individuals," Murray said. "We hope for the participation of at least a representative from each group."

 

The Rectory, which is currently in the process of restoration, is the hub of the church's display of loaned historical artifacts.

 

An unique Kaua‘i exhibit displays a photograph of the Honorable Edward Kamakau Liliu'okalani, who escorted Queen Emma on a trip to Kaua‘i. The photo is on loan from Victor Punua. Lilikalani, is Punua's great-grandfather and a cousin of King David Kalakaua. Also in Punua's collection is a signed photograph of Kaua‘i's Prince Jonah Kuhio Kalaniana‘ole, a covered calabash and coconut poi bowl from King Kalakaua's collection, a poi pounder, and a two-piece basalt grinder.

 

Remnants of Queen Emma's help in the establishment of the Anglican church on Kaua‘i are exhibited in the Rectory. Items visitors can see include Queen Emma's Koa wood prayer desk, and what's called The Gift of Royalty, a silver chalice and paten used in communion services. Each carry the inscription: "Presented by Queen Emma to the first Anglican Church on Kaua‘i, September 6, 1883." The church's history records their use at the first communion service held at the stone church on Christmas Day 1925.

 

Queen Emma's Koa wood desk, which was frequently used by the Queen and bequeathed to a relative, and one of her ladies-in-waiting who presented it to the church. The desk is regularly used in the healing services held on Sunday at All Saints.

 

The building housing the historical items is in the process of being refurbished itself, a project, which according to Murray, will take several years to complete.

 

"We first worked on the wall, patched it, got rid of the rot, and repainted it," Murray said. "We worked on the front of the house and created a more open feel, by getting rid of the original dark colors, so now it is more welcoming. But we need to repaint the side and back of the building. We even pulled out the carpet of the main room of the Rectory to expose the wood floor, which is comprised of 25 foot long floor boards. All in all, it is a nice plantation style house."

 

"We even have a separate guest house, in which used to be of convenience to visitors," he said. "We are also working on restoring the garden. There used to be a beautiful garden in the back of the house, and a couple of church members have offered to donated a lime and a plumeria tree. Soon enough, we will be able to restore the original beauty of the garden. However, the entire restoration will take a number of years to complete, after all, it is 80 years old."

 

A refurbished stained glass window known as the Gethsemane window is the centerpiece of the church and rises above the altar in the main sanctuary. The window has its own interesting story. "During Hurricane ‘Iniki, the piece depicting Jesus blessing the children was shattered and need to be patched up and fixed on site from someone from the Mainland (Vance T. Wood of Stained Glass Art in California)," church member Elaine Tamura said. "The funny thing is, although the glass was shattered, the only solid piece left was the head of Jesus. I think it was a sign from God."

 

Another interesting stained glass window is called The Victory Window. It was dedicated in April 1946 following World War II. The window honors six servicemen listed on the church's brass plaque Honor Roll who gave their lives during the war, and the seventy men from the Kapa‘a church who returned home.

 

"We are having a service on Sunday, the final day of the week-long celebration, honoring the men listed on the Honor Roll," Smith said. "We have contacted a few of the men and their descendants, but wish to have more informed. They have honored us greatly and should be recognized for what they have done. It would be wonderful for them…and their relatives to attend the service. There will be a small parade of veterans, with a historic display open to the public. It will also be our first service with our new rector, Mary Kappel who is only 28 years old. She and her husband Mark, just moved here from New Orleans. Also, Bishop Richard O. Chang will be presiding over the service. Our hope is that all men and/or their descendants will be able to honor those who deserve it."

 

  The All Saints' Episcopal Church 80th Anniversary Historical Tours continue through Friday, August 12 and its celebration continues through Sunday, August 14. For more information about the tours, celebration, or the Honor Roll, please call 822-4267.

 

 

 

 

August 9, 2005

 

Group says Makua fire damaged cultural sites

 

By Gregg K. Kakesako
gkakesako@starbulletin.com

Makua Valley activists are disputing claims by the Army that none of the 41 cultural or historical sites in the Leeward Oahu military training area was damaged by last week's brush fire.

William Aila, a spokesman for Malama Makua, said that about 30 people on Saturday inspected some of the 300 acres that were scorched in Wednesday's blaze.

Under a 2001 court agreement, Malama Makua, which has been opposing Army use of the valley, is allowed access to the 4,190-acre valley on a regular basis.

"They reported that many cultural sites, including a heiau, were burnt," Aila added.

"The Army believes that just (because) the rocks weren't knocked over, the site wasn't damaged," Aila said. "The rocks may have not been damaged physically by the fire, but they were damaged spiritually."

Aila also said that a mango tree, which is used as a reference point in the oral history of the valley, was damaged.

The Army has maintained that last week's fire did not damage any of the known 41 cultural or historic sites or 35 endangered plants and animals in the valley. Yesterday, the Army said it has yet to pinpoint the cause of the fire, the first major breakout in two years.

Last week, the Army said there were no training or live-fire operations in Makua and that only a small maintenance crew was at work. Army spokeswoman Capt. Juanita Chang said the Army also has ruled out arson as a possible cause.

Aila said he plans to go into the valley on Sunday to repair an altar that was knocked down near the southern end of the firebreak road, which divides the valley.

Malama Makua also disputes statements by the Army that the blaze was contained within the boundaries of the firebreak road, Aila said.

"Not all of the fire was contained to that area. It went up to the fence fronting Farrington Highway and in some portions jumped the fence," Aila said.

"There is a sense of disappointment in the Army since it states it is a good steward of the area," he said. "The general feeling of the group on Saturday was one of great sadness."

The last big blaze there occurred July 22, 2003, when winds fanned what was supposed to be a controlled burn that ended up destroying nearly 2,200 acres.

Under the 2001 agreement, the Army has been allowed to use the valley on a limited basis, training only up to 150 soldiers at a time. The soldiers are not allowed to fire rockets and other incendiary devices while the Army prepares an environmental impact statement.

 

 

 

 

August 4, 2005

 

HHS Awards $4 Million to Support Alaska Natives


Grants Will Enhance Environment, Preserve Language and Develop Economies

 

HHS Deputy Secretary Alex Azar announced today $3,960,830 in 13 grants including funds for environmental enhancement, language preservation and social and economic development for Alaska Natives. The grants were unveiled by Deputy Secretary Azar and Assistant Secretary for Children and Families Dr. Wade F. Horn during a week of site visits to Alaska Native communities.

 

“President Bush is dedicated to empowering Native American tribes and respecting their self-governance,” Deputy Secretary Azar said. “These grants will help Alaska Natives enhance the environment, preserve and strengthen their language and culture and strengthen economies.”

 

The grants to Alaska include environment enhancement awards to preserve and maintain environments and watersheds of importance to the Alaska Native community; Alaska Social and Economic Development Strategies (SEDS) grants, which reduce dependency on public funds and social services by increasing community development; and Native Language Preservation and Maintenance grants to ensure the preservation and enhancement of native languages.

 

“These awards further demonstrate this Administration’s commitment to achieve self-sufficiency for Native Americans,” said Wade F. Horn, Ph.D., HHS assistant secretary for children and families. “The grants will provide funding to strengthen native children, families and villages in Alaska.”

 

The awards are administered through the Administration for Native Americans (ANA) at HHS’ Administration for Children and Families (ACF). This year, ANA has provided $37 million to Native American communities around the country in social and economic development, language preservation and environmental regulatory enhancement grants.

 

Today’s grants include the following:

 

Environmental Enhancement Grant Awards

Language Preservation Grant Awards

Alaska Social and Economic Development Grant Awards

 

 

 

 

Posted on: Monday, August 8, 2005

 

Students sink hands in the land

 

By Eloise Aguiar
Advertiser Windward O'ahu Writer

KAILUA — For Maunawili Valley banana farmer Mark Paikuli-Stride, educating new generations about the value of the traditional ahupua'a system in Hawai'i is the best way to protect and preserve the Islands' agricultural resources.

Each year, he invites students and their parents on to his land to show them why they need to be concerned about farming even if they do not become farmers themselves.

"We have to start securing our food-source areas," Paikuli-Stride said. "Right now, we look to the supermarkets for our water and our food, but in traditional times the ahupua'a was where everything was gathered, and right now our ahupua'a are being depleted and destroyed."

Lanakila Mangauil, 18, of Hamakua on the Big Island, visited the farm this year. He said he farms taro in Waipi'o Valley and can appreciate what Paikuli-Stride is doing.

"We're so connected to the land and that's what kept our nations alive for thousands of year," Mangauil said. "Just in the past few hundred years we've lost it all, and now our people are all suffering and that's because all our land is taken away."

Paikuli-Stride and Aloha 'Aina Health Center are on a mission to protect and preserve agriculture land especially where taro once flourished in places such as Maunawili Valley in Kailua and Luluku in Kane'ohe.

The goal of Aloha 'Aina is to protect the agriculture land in the Kailua ahupua'a, make it productive again and provide food at a price that people can afford, Paikuli-Stride said. He does not want to depend on chemicals and pesticides to grow his food and hopes to grow taro just as the ancient Hawaiians did, he said.

"We can't go back to that way of life but we can understand the tradition, the way they cared for the land, and do what we can to preserve it," he said.

LESSONS IN THE MUD

A significant part of the effort is outreach to schools. One school, Ke Kula 'O Samuel M. Kamakau charter school in Kailua, has added the farm to its curriculum. Students there have visited his three-acre Maunawili Farm for several years and combine the experience with math, science, history and writing lessons, said Kamakau teacher Meahilahila Kelling.

At least twice a month students from her kindergarten class have visited Paikuli-Stride's farm to work in a taro patch, planting, weeding and harvesting.

Students from kindergarten through 12th grade visit the farm, and several times a year Paikuli-Stride comes to the school to teach parents and children how to make poi.

"The kids just love it, getting in the mud and feeling it squish between their toes," Kelling said of the farm visits, adding that they also learn responsibility and stewardship, which is the goal of the program called Malama 'Aina.

"It gives them the sense of ownership and they learn about sustainability, how to plant their own food," she said.

Kelling said she sees the benefits of having the children go out to the farm rather than learning only from a book.

"It excites me and inspires me to do more when I see their reaction and them just getting dirty," Kelling said.

DECLINE IN FARMING

Educating young people is one way to protect important agriculture land, said Alan Takemoto, executive director for the Hawai'i Farm Bureau Federation. This year, the bureau was a strong backer of a bill, which Gov. Linda Lingle recently signed, that allows the counties and the state to identify "prime" agriculture land and to offer incentives to keep those lands in production, Takemoto said.

Between 1997 and 2002, the amount of land farmed in Hawai'i dropped 10 percent as sugar cane acres were left fallow or were developed for nonagriculture use. Nationally, farm land acreage fell nearly 2 percent, according to an agriculture census released last year.

"Educating our children is where we have to put our focus. Not only educate them on the importance of farm land but also on the importance of agriculture in Hawai'i," Takemoto said. He added that the bureau also is initiating a program in the schools to promote farming and he appreciates Paikuli-Stride's efforts.

"In addition to just doing his own farming and trying to make a living, he also sees the value of educating the children," he said.

Paikuli-Stride wants to expand the reach of his program to all schools in the Kailua ahupua'a.

TAKING RESPONSIBILITY

Last month, Paikuli-Stride hosted a cultural exchange between Native American and Native Hawaiian youths at his Maunawili farm. The boys, ages 15 to 18, worked the land, shared their cultures and learned from each other, said Jonathon Freeman, exchange program director for the Native Youth Cultural Exchange.

The boys met community leaders to see how they work for the good of their people and the land, Freeman said.

"And that sparks interest and sparks that inspiration to say, 'OK what's at my house that needs to get done, and why should I wait for anyone else to do it?' " he said.

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.

 

 

 

 

August 8, 2005

 

Isle projects receive $14M in federal funds

 

Initiatives include species protection and the expansion of parks and reserves

 

Star-Bulletin staff
citydesk@starbulletin.com

Hawaii will receive more than $14 million for 10 projects that include national park expansion, environmental and native species protection, and brown tree snake detection, U.S. Sen. Daniel Inouye announced last week.

The Hawaii initiatives are part of the Department of Interior and Related Agencies Appropriations Bill for Fiscal Year 2006.

"Given the many competing demands for federal resources in this tight budget year when our nation is at war, I am pleased that important Interior-related programs in Hawaii were funded," Inouye said.

"As a result, we will be able to expand the Haleakala National Park, which is both a state and national treasure, and preserve the Big Island's Wao Kele o Puna, one of the last large intact lowland native Hawaiian forests in the state of Hawaii, which is home to more than 200 endemic and native species. Under the new funding law, we are also able to continue the vital work of preventing the brown tree snake from entering Hawaii."

In addition to the $14 million for individual Hawaii initiatives, the bill appropriates $30 million to be divided between Hawaii, Guam and the Commonwealth of the Northern Mariana Islands for impacts caused from the Compacts of Free Association.

Hawaii initiatives include:

» Expansion of Haleakala National Park, Maui, $3.7 million, for addition of Campbell Estate koa forest lands and Cordelia May estate Hawaiian archaeological sites.

» Wao Kele o Puna, Big Island, $3.4 million, a 26,000-acre tract that includes habitat for the endangered forest bird ou, and a key replenishment area for the Pahoa aquifer, the single largest water source on the Big Island.

» Brown tree snake, $2.7 million, to support the cooperative efforts of the U.S. Departments of Agriculture, Defense, Transportation and the Interior, the Commonwealth of the Northern Mariana Islands, the territory of Guam and the state of Hawaii. Funds will be used to evaluate and improve brown tree snake detection, monitoring and control and to support the control of the coqui frog.

» Cesspool management, $1 million, to allow the counties of Honolulu, Hawaii and Kauai to continue replacing cesspool systems with septic systems to comply with Environmental Protection Agency mandates.

» Hakalau National Wildlife Refuge, Big Island, Alala Recovery and Restoration, $700,000, for programs to release captive-bred Hawaiian crows, which are extinct in the wild, to wild areas.

» Native Hawaiian Culture and the Arts Program, $600,000, a creative partnership to assist native Hawaiians to be practitioners of their culture in a rapidly changing multicultural world, linked to a resource center at the Bishop Museum.

» Hawaii Endangered Bird Conservation Program, $550,000, to assist the state-of-the-art Keauhou Bird Conservation Center and the Maui Bird Conservation Center with captive breeding programs of endangered Hawaiian birds.

» Big Island Recycling, $500,000, to develop a sustainable, community-based waste recycling and reuse system.

» Exploratory Wells and Hydrological Data Collection, $450,000, for U.S. Geological Survey assessment of water resources.

» University of Hawaii Volcanic Processes Study, $450,000, to support cooperative partnership between Hawaii Volcanoes Observatory and the University of Hawaii Center for Study of Active Volcanoes.

 

 

 

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