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 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.
5. For several weeks Hawaiians have requested that OHA provide the valuation reports and other documents (Phase 1 & 2 Real Estate reports) on the status of the lands, and valuation figures and formulas used in the settlement. This data has not been provided to the legislature or native beneficiaries.
6. There is evidence the Kalaeloa land is contaminated and toxic. The settlement demonstrates the parties know of this problem but OHA has agreed to accept the land, pay trust assets to conduct an environmental due diligence effort and then return the land or get a 25% credit once the toxicity is proven. Why is OHA taking toxic land?
7. Under this measure Hawaiians will not be able to sue OHA for accountability. OHA has waived our right to sue the state and all of its agencies including themselves. The Legislature should take note the Hawaiian peoples have been excluded from the legislative and legal discussions relating to this measure. Legislative hearings will be over before the "informational sessions" which the Senate forced on OHA are completed.
Negotiations took place in secret, and the valuations reports and data regarding the figures have been withheld. OHA is soliciting letters of support from its grantees, not its beneficiaries.
Finally, the OHA video pushing the settlement features Aunty Gladys Brandt calling for unity and justice. This manipulation is intended to dupe Hawaiians into believing that Aunty Gladys supported this travesty. In reality, she died years before this shameful settlement was conceived by the current OHA trustees (Rowena Akana excluded).
8. The settlement is fatally flawed -
A. The waiver language and the provisions relating to res judicata should be deleted from the measure;
B. A reservation clause should be added that states that all claims of Native Hawaiians against the state relating to the Ceded lands trust are reserved and that the scope of the settlement is only for claims relating to revenues owed to OHA from 1978 - 2008.
Hawaiians do not need to reserve claims against the US as the settlement does not involve the US or federal claims. Hawaiians know who owns the Ceded Lands - it belongs to the public and the Native Hawaiians under the Admissions Act.
C. All references to a prospective figure for OHA revenue share (15 million) should also be deleted until OHA and the Governor can justify the figure. We are entitled to 20% of the 5(f) revenues;
D. Any prospective agreement should be subject to reopening and recalculation every 5 years in order to ensure that Hawaiians benefit from the increase in value, revenue and proceeds of the public land trust.
