8 REASONS WHY YOU SHOULD OPPOSE THE OFFICE OF HAWAIIAN AFFAIRS CEDED LANDS SETTLEMENT
The proposed Ceded Lands Settlement Hearings will be this coming Monday, March 17th at 2:45 pm in the Hawai`i state capitol - Room 414.
It's very important to attend and demand that the bill be killed.
OHA's strategy is to forego sovereignty completely, and enrich itself on the backs of future generations and our grassroots struggle.
Please plan to attend and speak out.
1. The Settlement dispossesses Hawaiians of our Ceded Lands trust assets. OHA has negotiated a small package of land and revenue for itself and has agreed to relinquish all claims of our peoples to 1.8 million acres of land, the submerged lands, energy resources, biodiversity and surface and subsurface natural resources.
2. The settlement is supposed to resolve claims to "the portion of income and proceeds from the lands of the public trust for use by OHA" Settlement Agreement (SA), pg. 1 of 9 from 1978 - 2008. In return for the settlement, OHA waives or gives up, not only claims to the income from 1978 -2008, but "...any other tangible right, item or benefit from the public land trust." (SA, pg. 2 of 9). OHA is giving up these rights not only for OHA, but for "any other person or entity."
3. OHA's waiver of claims is res judicata for all Hawaiians, their organizations and nation - this means that we will never be able to sue the state or OHA for our trust lands, revenues or other rights including an accounting and inventory of our trust assets. This language is so broad and sweeping that Hawaiians will lose rights not related to the OHA 20% pro rata debate. Other rights that Hawaiians claim to the public trust include HRS 7-1 rights (access and gathering), rights to worship at heiau on 5(f) lands, genetic resources, etc. These rights will now be ignored by the State.
4. Under Hawaiian law OHA is entitled to 20% of the Ceded Land revenues. There is no relation between the 20% figure and the 15 million dollar figure. The figure appears to be an arbitrary amount. In addition, the legislative bill deletes all statutory language relating to the Hawaiians share (20%) of revenues. This theft of revenue from Hawaiians is based on the claim of OHA that the courts overruling of Act 304 also overruled the OHA 20% share of proceeds. This is false - in January, 2008, the Hawaiian Supreme Court ruled in OHA vs. HCDH that the State cannot dispose of Ceded Lands trust assets without resolving native claims - the court cited the Apology Bill, the DOI (Department of Interior) Mauka to Makai report and OHA's claims for 20% (see pg. 6 of the Opinion).
Concluded Tomorrow...
