Author: Blaine Fergerstrom
Fwd: HAC News Bulletin
(1) Is a member of the Democratic Party of Hawai‘i;
(2) Is a member of the Hawaiian Affairs Caucus;
(3) Fully subscribes to the purpose, mission, and values of the Caucus as set forth in the Hawaiian Affairs Caucus Bylaws;
(4) Demonstrates involvement and active participation with the Caucus or any other Hawaiian organization by such activities as attending meetings, serving as a committee chair, serving as an officer, advocating for the well being of Native Hawaiians, or any other activity in support of the Caucus and/or Hawaiian organization.
(5) Commit to attend Executive Committee and general membership meetings.
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Wai For All: Transmitted is this article by the Sierra Club calling attention to the Draft Environmental Impact Statement for the diversion of Each Maui streams. HAC members are encouraged to submit comments.
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The long-awaited Draft Environmental Impact Statement for the diversion of East Maui streams is finally here. It is a long, hard read, but it is a necessary step to hold the corporate diverters responsible for the harm they have caused to the East Maui watershed and the people who rely on it. Comments are due November 7th. You can submit comments now by clicking here or email yours to waterleaseeis@wilsonokamoto.com. Because it is such a tough read, we are taking a rolling approach to our comments—as we find new and alarming facts in this document we will update our comment template. People can comment as many times as they want to. A&B and Mahi Pono are required by law to respond to all comments they receive. At the same time also watch your inboxes for an announcement about the next set of temporary permits allowing A&B and Mahi Pono to divert East Maui streams. The Board of Land and Natural Resources is reviewing this DEIS while it is also issuing (repeatedly) temporary permits to take an unlimited amount of water out of at least 12 streams in East Maui that are not protected by instream flow minimums. We expect that public hearing to be in Honolulu on October 11th. If you would like to be kept up to date on all that is happening around the effort to restore East Maui streams, please sign up for our mailing list by click here (click streams). CONSULTATION WITH NATIVE HAWAIIAN ORGANIZATIONS
The Department of Defense is seeking comments on the Department of Defense Instruction (DODI) 4710.03, Consultation Policy with Native Hawaiian organizations. It establishes policy, assigns responsibilities when proposing actions that may affect a property or place of traditional religious and cultural importance to a Native Hawaiian Organization (NHO) and provides a framework for DoD Components to develop localized processes to facilitate consultation. HAC members are encouraged to review and provide comments. A copy of the DoDI can be found here: https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/471003p.pdf. Send comments to: DoD_NativeAffairs@keresnm.com by December 30, 2019, cc: leimomikhan@gmail.com
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HAC Adopts Resolution On Mauna Kea
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Executive Committee Meeting Oct. 6
October 6, HAC EC Meeting, 6:00 p.m., DPH Headquarters
- Hawaiian Affairs Caucus EC Mtg Agenda Oct 6
- Calendar Link
- Mauna Kea transmittal-Sep 9-1
- Mauna Kea Resolution Aug 24 2019-1
- DPH Platform draft – august-september version 1-1
Hawaiian Affairs Caucus
Executive Committee Meeting
Oct 6, 6:00 p.m.
Dial In Number: (712) 451-0200, access code 938390.
Agenda
Call to Order
Pule Wehe
Secretary’s Meeting Minutes
Treasurer’s Report – deferred as no change
Membership Committee Report (Melodie)
Unfinished Business
- *Mauna Kea Resolutions and next steps
- PPP Kukui Hui: Status of HAC Donations (Kainoa)
- Three misses and out Policy (Raytan)
- HAC Uniform (Jacob)
New Business
- DPH Platform
- Resolution calling for US Compliance with International Law on the Hawaiian Islands (Melodie)
- DPH Convention HAC Presentation
- Appointment of HAC Campaign 2020 Committee
Announcements
- Future HAC Meetings: Executive Committee, Nov 6, Dec 4
- General Membership, Oct 23, Guest speaker, William Aila, DHHL; Nov 6 (combined), Guest speaker Robin Danner, SCHHA; Dec 11 (Holiday Party)
- All meetings at DPH, 6:00 p.m. Check HAC website for updates, hawaiianaffairs.org
Pule Ho’oku’u
Adjournment
#1 Support the Protectors of Maunakea who oppose the building of the Thirty Millimeter Telescope (TMT); and urge the TMT International Observatory Board of Governors to withdraw its plans to build the TMT on Maunakea. (Done)
#2 Urge the State of Hawai’i and the University of Hawai‘i to escalate the Decommissioning of Telescopes on Maunakea that would have the added benefit of jobs for Hawaii’s workers (Whereas clauses should provide the info in support of this resolved clause). Decommissioning includes complete removal of the Telescope and its facilities and restoring the land to its pristine condition.
#3 Urge the University of Hawaii and the Office of Maunakea Management to give priority to updating the Comprehensive Management Plan for Maunakea. (We need to give the reasons as to why the current plan isn’t working in the Whereas clauses)
CALLING UPON THE UNITED STATES OF AMERICA TO IMMEDIATELY BEGIN TO COMPLY WITH INTERNATIONAL HUMANITARIAN LAW IN ITS PROLONGED AND ILLEGAL OCCUPATION OF THE HAWAIIAN ISLANDS
WHEREAS, On November 28, 1843, both Great Britain and France jointly recognized the Hawaiian Kingdom as an independent and sovereign State and admittance into the Great Family of Nations; and
WHEREAS, The Hawaiian Kingdom maintained over 90 embassies and consulates throughout the world; and
WHEREAS, November 28th is a national holiday throughout the country called La Ku`oko`a (Independence Day); and
WHEREAS, President Grover Cleveland on December 18, 1893, after investigating the overthrow of the Hawaiian Kingdom government, stated, when “a detachment of marines from the United States steamer Boston, with two pieces of artillery, landed on Honolulu . . . supplied with double cartridge belts filled with ammunition and with haversacks and canteens and were accompanied by a hospital corps with stretchers and medical supplies . . . was of itself an act of war”; and
WHEREAS, President Cleveland further concluded that by “an act of war, committed with the participation of a diplomatic representative of the United States and without the authority of Congress, the Government of a feeble but friendly and confiding people has been overthrown”; and
WHEREAS, Customary international law at the time required the United States, as the occupying State, to administer the laws of the Hawaiian Kingdom, the occupied State, which was later codified under Article 43 of the 1907 Hague Regulations and Article 64 of the 1949 Fourth Geneva Convention; and
WHEREAS, The United States has not carried out its obligations under international humanitarian law; and
WHEREAS, The United States Congress purported to annex the Hawaiian Islands by a joint resolution of Congress on July 7, 1898; and
WHEREAS, The United States Constitutions does not grant the U.S. Congress a power to annex another country; and
WHEREAS, Neither a joint resolution nor a statute enacted by the U.S. Congress can have any legal effect beyond the borders of the United States and affect the sovereignty of a foreign State; and
WHEREAS, The 1898 joint resolution of annexation is not a treaty whereby the Hawaiian Kingdom ceded its sovereignty to the United States of America; and
WHEREAS, The United States Congress has enacted municipal laws and unlawfully imposed these laws within the territory of the Hawaiian Kingdom in violation of international law; and
WHEREAS, In 2001, the Permanent Court of Arbitration, in Larsen v. Hawaiian Kingdom, accepted a case that on “the unlawful imposition of American municipal laws . . . within the territorial jurisdiction of the Hawaiian Kingdom”; and
WHEREAS, Under international law, all States have sovereign equality, and have equal rights and duties as co-equal members of the international community regardless of their economic, social, and political differences; and
NOW, THEREFORE, BE IT RESOLVED, The Hawaiian Affairs Caucus of the Democratic Party of Hawai`i calls upon the United States of America to immediately begin to comply with international humanitarian law in its prolonged and illegal occupation of the Hawaiian Islands.
Transmittal of Mauna Kea Resolution To Gov. Ige
Aloha,
Transmitted for your information is the resolution adopted by our Caucus concerning Mauna Kea. We delivered it to the Governor’s Office, and specifically met with his Chief of Staff, Linda Chu Takayama.
Ms. Takayama shared with us that the Governor has received input from many members in the community, emphasized that the Governor’s role is to enforce the law and ensure safety; that the Governor does support the TMT, recognizes the need for improved management, and looks forward to further dialogue on how best to manage Mauna Kea. She commented about the value of the TMT as a great opportunity for Native Hawaiians as new discoveries are made; and the economic benefit to Hawaii Island.
We spent a good hour with her. All said and done, she will pass our resolution to the Governor. It is extremely doubtful that plans to build the TMT will be pulled back.
We shall, however, continue to distribute the resolution, and will eventually plan a meeting to focus on the question of “What does good management of Mauna Kea mean?,” in the hopes of producing recommendations to the Governor as he, the UH, Native Hawaiians, and the community struggle with this question.
Me kealoha pumehana
LEIMOMI KHAN
Chair
HAC General Membership, Aug. 21, 2019
To: Hawaiian Affairs Caucus Members
The agenda for this Wednesday, August 21, 6:00 p.m., meeting at the DPH headquarters, 627 South Street, will include two topics:
1) Featured speaker, Joseph Kuhio Lewis, CEO of the Council for Native Hawaiian Advancement; and
2) Action on the Mauna Kea resolution, a copy of which was earlier circulated and that is also posted to the Hawaiian Affairs Caucus website, hawaiianaffairs.org. Only members of the caucus may vote on this resolution.
Members may dial in to participate in the meeting at (712) 451-0200, access code 938390.
CNHA is donating one scholarship valued at $175 to their upcoming convention. At the direction of CNHA, only HAC members who attend the meeting in person will be eligible to participate in the drawing for the scholarship.
Lastly, we wish to congratulate and give our aloha to Kate Stanley, the new Democratic Party of Hawaii Chair, who was elected by acclamation by the State Central Committee. Kate is a long-time member of the Democratic Party of Hawaii and previously served as the DPH National Committee woman. We send our best wishes to immediate past chair, Kealii Lopez, who takes up the helm of AARP-Hawaii. Best wishes also to Erynn Fernandez who was hired as the new Executive Director of the Democratic Party of Hawaii.
See you at the meeting.
Leimomi Khan
Chair
Mauna Kea Draft Resolution
Supporting the Protectors of Mauna Kea Who Oppose the Building of the Thirty MeterTelescope (TMT) and Urging the TMT International Observatory Board of GovernorstoWithdraw Plans to Build the TMT on MaunaKea
Whereas, On July 10, 2019, Governor David Ige, UH President David Lassner, and Thirty Meter Telescope (TMT) International Observatory Board of Governors’ Chairman Henry Yang announced that construction for the TMT would begin on July 15, 2019; and
Whereas, Native Hawaiians have overwhelmingly demonstrated their opposition to the construction of the TMT on Mauna Kea in court cases, testimonies, hearings, forums and community meetings; and
Whereas, The TMT International Observatory Board of Directors have the option of building the TMT in the Canary Islands; and
Whereas, Mauna Kea is regarded as the most sacred of places among Native Hawaiians, because Mauna a Ākea is the eldest child of Wākea (Sky Father) and Papa (Earth Mother), progenitors, or ancestors of the native Hawaiian people, and therefore, Mauna Kea is seen as the direct link of Native Hawaiians to their ancestors and their Creation; and
Whereas, Mauna Kea is the home of Nā Akua (the Divine Deities), Nā ‘Aumākua (the Divine Ancestors), and the summit of MaunaKea is the “piko” (wahi pana) which connects Native Hawaiians to their ancestors; and
Whereas, Mauna Kea is a place where Native Hawaiians’ ancestral Gods reside (wao akua), and consequently where Native Hawaiians exercise their traditional and customary religious ceremonies including but not limited to (1) honoring the Māuiki‘iki‘i (solstice) and Māuiili (equinox) throughout the year; and (2) honoring Poli‘ahu (the Snow goddess), Kūkahau, Līlīnoe, and Waiau through worship, chants, and ho‘okupu (gift offering); and
Whereas, Mauna Kea summit area is ceded lands, comprised of Hawaiian kingdom crown and government lands, and is now part of the Public Land Trust; Further, The State of Hawai‘i, as trustee of these lands, is mandated under Article XII §4 and §7 of the Hawai‘i Constitution to (1) protect these lands, and (2) protect the traditional and customary rights of Native Hawaiians which are exercised for subsistence, cultural, and religious purposes;
Whereas, On November 7, 2017, the Office of Hawaiian Affairs (OHA) filed a lawsuit in the First Circuit court against the State of Hawai‘i and the University of Hawaii (UH) for their longstanding and well-documented mismanagement of Mauna Kea, contrary to the public trust and the terms of UH’s lease of these “ceded” and culturally sacred lands; and
Whereas, There are at least thirteen telescopes on Mauna Kea, a couple of which have been decommissioned, but their facilities still exist on Mauna Kea; and
Whereas, On July 17, 2019, over 30 Native Hawaiians and others, including many kūpuna, were arrested for engaging in a peaceful protest and civil disobedience on Mauna Kea; and
Whereas, Native Hawaiians have endured injustices that have persisted, unaddressed, for over a century, manifested today in systemic inequities that permeate our criminal justice system,
public education institutions, land use and planning decisions, natural and cultural resource management, state funding prioritization, and management and administration of Mauna Kea and other sacred spaces; and
Whereas, historically, this protest is more than just the erection of another telescope on MaunaKea, as it represents a consistent struggle by Native Hawaiians fighting for justice to protect their way of life, including, and not limited to fighting the desecration of lands (ie.
Pōhakuloa, Kahoʻolawe), combatting vandalism (ie. Kūkaniloko, Kaniakapūpū, Prince Kūhiō and King Kamehameha statues, Kawaiahaʻo grave sites); preventing water pollution (ie. Hanapēpē Salt Ponds, Loʻi patches); stopping overdevelopment of lands; preventing overfishing (ie. Mo’omomi, Miloli’i; and
Whereas, The Platform of the Democratic Party of Hawai‘i, states, in part, “We acknowledge the past injustices and the misguided, harmful Federal and State policies and actions based on outdated and discredited values and beliefs that resulted in the destruction of the Hawaiian Nation’s economies, social, and religious systems, the taking of their lands, and the creation of intergenerational trauma that exists to this day. We believe that we have a moral and profound duty to honor, respect, and uphold our sacred obligation to the Hawaiian Nation State and the Hawaiian people.”; and now, therefore be it
Resolved, That the Hawaiian Affairs Caucus of the Democratic Party of Hawai‘i supports the Protectors of Mauna Kea who oppose the building of the TMT; and
Be It Further Resolved, that the Hawaiian Affairs Caucus urges the TMT International Observatory Board of Governors to withdraw its’ plans to build the TMT on Mauna Kea; and
Be It Further Resolved, that the Hawaiian Affairs Caucus of the Democratic Party of Hawai‘i respects and supports the rights of protestors pursuant to the Hawai‘i State Constitution and the United States Constitution, Article I, with the right for public assembly and freedom of speech and to ensure those rights under the provisions of law are not infringed.
Ordered, That copies of this resolution be distributed to all members of Hawaii‘s congressional delegation; the Governor of the State of Hawai‘i; the Lt. Governor of the State of Hawai‘i; the Protectors of Mauna Kea; the TMT International Observatory Board of Governors; the Office of Hawaiian Affairs; the Senate Committee on Hawaiian Affairs; the House Committee on Water, Land, and Hawaiian Affairs; the Dept of Land and Natural Resources; the Dept of Hawaiian Home Lands; the Mayor of the County of Hawai‘i; and the Chair of the State Central Committee of the Democratic Party of Hawai‘i.
HAC General Meeting Aug. 21
Aloha e nā hoa,
The next Hawaiian Affairs Caucus meeting is scheduled for August 21, 6:00 p.m. at DPH headquarters. We encourage you to attend or to dial in to this meeting. Dial in number is (712) 451-0200, access code 938390.
Meeting Agenda:
- Guest speaker, CNHA Chief Executive Officer, Kūhiō Lewis
- Resolution, “Supporting the Protectors of Mauna Kea Who Oppose the Building of the Thirty Meter Telescope (TMT) and Urging the TMT International Observatory Board of Governors to Withdraw Plans to Build the TMT on Mauna Kea”
The resolution is in response to the overwhelming expression of members at the last membership meeting to support the protectors of Mauna Kea. It emphasizes these points:
- The cultural and spiritual values of Mauna Kea to Native Hawaiians
- The mismanagement of Mauna Kea as set forth in the OHA lawsuit
- The marginalization of Native Hawaiians in decisions concerning its homeland
- The desecration or vandalism of other sacred sites or public ceded lands
- Urging the TMT International Observatory Board of Governors to Withdraw Plans to Build the TMT on Mauna Kea. Members will be asked to vote either yes or no on the resolution.
To assure that your voices as members of the Caucus are heard, please attend the meeting in person or dial in with your vote. If you are uncertain as to whether you are a member of the Caucus, I urge you to fill out the application form on our website, www.hawaiianaffairs.org and submit it before the meeting. Please also advise our Vice Chair, Raytan Vares, email raytanv@gmail.comthat you have done so.
We should also like to announce the resignation of Kealii Lopez as Chair of the Democratic Party of Hawai’i as she takes on a new job as head of AARP in Hawai’i. We will sorely miss Kealii’s outstanding leadership and wish her well. Those interested in running for Chairperson are invited to contact the Democratic Party of Hawaii headquarters to request a nomination form, email: info@hawaiidemocrats.org. Also, watch for the formal email advising of the application procedures from the DPH.
Lastly, we are pleased to advise that our resolution in support of the Hanapepe Salt Practitioners was adopted unanimously by the State Central Committee. Go to our website to read it.
Leimomi Khan
HAC Chair
Special Message from the State Chair
Aloha fellow Democrats,
Please join me for a special message from the State Chair, and the following informational and event related notification links:
-
Upcoming Events:
Mahalo for your continued support,
Erynn Fernandez
Executive Director, Democratic Party of Hawai‘i
808-596-2980 | erynn@hawaiidemocrats.org
Protect Paʻakai (Salt) Cultural Practice of Hanapēpē, Kauaʻi
DPH SCC Resolution 2019-1, adopted August 3, 2019
Protect Paʻakai (Salt) Cultural Practice of Hanapēpē, Kauaʻi
Whereas, Article XII §7 of the Hawaiʻi Constitution provides:
The State reaffirms and shall protect all rights, customarily and traditionally 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.
Whereas, Waimakaohi‘iaka, in the ʻili of ʻUkulā, in the ahupuaʻa of Hanapēpē, in the moku of Kona or also known as the salt ponds of Hanapēpē is a wahi pana, a culturally significant sacred site specifically for the making of pa‘akai (salt), which has been traditionally cultivated and gathered by Native Hawaiians since time immemorial; and
Whereas, Waimakaohi‘iaka, is the only area in all of Hawaiʻi that continues to harvest paʻakaiusing traditional methods which are passed generation to generation by Native Hawaiian ʻohanawho are exercising their constitutionally protected traditional and customary salt-making knowledge and skills; and
Whereas, In keeping with centuries-old traditions, the paʻakai gathered at this location cannot be bought nor is it sold, but is generously shared or traded by the twenty-two families who are the lineal descendants of past salt-makers whereby this resource is distributed throughout Kauaʻi, statewide, nationally and internationally for subsistence, cultural and religious purposes; and
Whereas, The Hawai‘i Register of Historic Places is an official list of properties that have been recognized for their significance to the history, architecture, archaeology, or culture of Hawai‘i communities; and
Whereas, The Hanapēpē Salt Pans is listed in the State Inventory of Historic Places as SIHP #50-30-09-00049 and was added to the Hawaiʻi Register of Historic Places on September 30, 1988 and is also recommended for placement in the National Register of Historic Places; and
Whereas, The Waimakaohi‘iaka parcel is zoned Conservation (State Land Use), and is identified as an Open/Special Treatment Resource and Cultural District by the County of Kauaʻi; and
Whereas, Urbanization and commercial and increased recreation activities adjacent to Waimakaohi‘iakaare also causing a storm of other threatening factors such as dust, noise, and potential contamination from sources ranging from an ill-placed helicopter operation sited at Port Allen Airport, also known as Burns Field, and vehicles trying to drive on the beach, to broken beer bottles and trash left by beach users or homeless camps; and
Whereas, The aloha for and threats to this wahi panawere highlighted on June 25, 2019 when the Kauaʻi Planning Commission considered an application submitted by Smoky Mountain Helicopters, Inc. for after-the-fact permit applications where over 100 people testified in person, over 100 written testimonies were submitted and 24,000+ signatures supported the online petition found at http://change.org/protectpaakai, to protect this last of its kind, salt making in Hanapēpē; and
Whereas, Subsequently, the Kauaʻi Planning Commission is now holding a contested case hearing for the after-the-fact permit applications and granted intervenor status to the Hui Hana Pa‘akai o Hanapēpē, a Native Hawaiian organization organized in 1964, comprised of the 22 ‘ohana that continue the salt-making and gathering practice; and now therefore
Resolved, That the State Central Committee of the Democratic Party of Hawaiʻi stands in solidarity with Hui Hana Paʻakai o Hanapēpē, the salt-makers of Kaua‘i, and urges the following:
- Kauaʻi Planning Commission reject the after-the-fact permit applications for Smoky Mountain Helicopters, Inc.;
- State of Hawaiʻi Department of Transportation move the operations of Smoky Mountain Helicopters, Inc. from Burns Field to the more appropriate Līhuʻe Airport where all other Kauaʻi helicopter tour businesses operate;
- State of Hawaiʻi Department of Transportation provide adequate security to discourage illegal trespassing and camping in the areas under its jurisdiction;
- State of Hawaiʻi Department of Land and Natural Resources, and the County of Kauaʻi also control, regulate and enforce illegal beach access impacting the salt ponds in the areas under its jurisdictions;
- State of Hawaiʻi Deparment of Health investigate the restroom facility at Burns Field that is currently utilizing an unpermitted cesspool as stated in their “after the fact” permit applicationʻ
- all relevant State and County agencies cooperate and collaborate to require the necessary environmental disclosure needed to assess impacts and evaluate the implementation of mitigation measures and/or adequate buffer zones from adjacent, non-compatible uses to ensure the protection and preservation of the Hanapepe Salt Pans
Ordered, That copies of this resolution be transmitted to all members of Hawaiʻi’s Congressional Delegation, the Governor of the State of Hawai‘i, the Lt. Governor of the State of Hawai‘i, the Director of the State of Hawaiʻi Department of Transportation, the Chairperson of the State of Hawaiʻi Department of Land & Natural Resources, the Chairperson of the State of Hawaiʻi Department of Health, the Kauaʻi Board Member of the State of Hawaii Board of Land & Natural Resources, the Kaua‘i Planning Commission, all members of the Hawai‘i State Legislature who represent Kaua‘i and who are members of the Democratic Party of Hawai‘i, the Mayor of Kaua‘i, all Kaua‘i county elected officials who are members of the Democratic Party of Hawai‘i, the Office of Hawaiian Affairs, and the Hui Hana Pa‘akai o Hanapēpē.
Resolution to be sent to the following:
Hawaii District 15
Hawaii State Capitol, Room 305
415 South Beretania St
Honolulu, Hawaii 96813




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