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Excerpted from:

Hawaiian Sovereignty and Environmental Protection:
The Protect Kohanaiki Ohana

by Karen Eoff

The Protect Kohanaiki Ohana is a non-profit, incorporated citizen's group centered in the district of North Kona on the Big Island of Hawaii. Our members and supporters are adults and young people whose particular aim is to protect the exceptional Kohanaiki area of Kona from large scale resort development.

This is a favorite coastal area where, for generations, families have come together to gather food and enjoy the natural bounties. It is a prime cultural and recreational spot on an otherwise rugged coastline. Its outstanding historic and environmental resources include one of the last and most extensive anchaline pond systems left in Hawai'i. For hundreds of years, these important ponds and ancient systems of aquaculture have been used by local fishermen. They have provided a unique habitat for now-endangered plant and animal species, such as the Ae'o, the Hawaiian black- neck stilt.

Significant archeological sites abound at Kohanaiki, which is a natural extension of the adjacent Kaloko- Honokohau National Park. Studies are on-going determining the magnitude of these important sites. In addition, the marine environment is of superior quality, rivaling any in the Hawaiian chain for its clarity and its reef eco-system.

In our attempt to help preserve and protect this area for all future generations, we set the following goals:

These goals were adopted in 1990 by the core group of the Protect Kohanaiki Ohana (P.K.O.), who, to this day are still committed and continue to work together to fulfill a shared vision. Along the way we have gathered support from not only the Kona community but other groups and individuals who share many of the same values and hopes for the future.

GRASSROOTS ORGANIZING IN HAWAII

In Hawaii, as in many other places on Earth, the struggles to protect the land are on-going. What makes the struggle unique here is that we have Hawaiian traditions to guide us in order to balance human needs with the environment. For over 2,000 years these island supported a growing, thriving, self-sufficient population based on sharing, respect, and ecological harmony. We can learn from this heritage and move into the future by applying the knowledge and wisdom of the past to present day situations. We now must look at what it is we love about Hawaii, about our community, and then work to protect and restore that balance. A healthy environment is vital to the continuation of the Hawaiian culture and lifestyle. The P.K.O. has found that by combining environmental activism with cultural awareness, we will be able to reach our goals, to prevent resort development from dominating our coastal resources, and to preserve those resources in a context that has relevance to island living.

The issues and conflicts we face at Kohanaiki mirror those of other places and other times, in every district and every community. In a broad sense, what we have learned applies to many situations. Grassroots efforts take organizing and activism. People must take action. We must identify what it is we love, why we want to protect it and how we can work together to make changes. How can we help protect the land and resources and at the same time the rights of all people to continue their cultural practices, and the lifestyles they choose? How can we work together to assure better planning for the future?

THE LEGAL CASE

As the Kohanaiki case moved throught the legal system, what began as a county denial of "standing" (the right to sue or be heard) to parties requesting a Contested Case Hearing, developed into a landmark State Supreme Court case. This case has brought new light to the ongoing problems associated with the impacts of over-development on the people and the natural resources so precious to Hawai'i nei. With overlapping issues ranging from "standing" to the extent our government agencies are obligated to protect the traditional gathering rights of native Hawaiians, it builds on a series of landmark decisions, settling conflicts between large private interests and the public trust.

We have been very fortunate to have the legal representation of Skip Spaulding of the Sierra Club Legal Defense Fund. Even more important is that, because of the nature of the questions raised by this court action, the case has drawn the support of a coalition of lawyers and interested groups from all over Hawaii. Joining in our case by submitting Amicus briefs to the court, the following groups and agencies have provided much needed clarification of constitutional laws and their original intent. Their views and opinions all contribute to a balanced progression of awareness.

The Kona Hawaiian Civic Club, Ka Lahui Hawai'i, the 'Ohana Council, Pele Defense Fund, the Office of Hawaiian Affairs, and even the State Attorney General's Office all agreed that the state and county agencies do have the obligation of protecting, preserving and enforcing the traditional and customary practices of native Hawaiians in all land use decision processes -- and that by doing so, it does not constitute a "taking" from the developer. (We find this whole idea of "takings" by environmental and cultural protection a paradox. Who is really "taking" from whom?) The assertion of these rights reaffirms the traditional respect and sanctity the Hawaiians held for the natural resources. And while these laws are founded in "Hawaiian Usage," non- Hawaiians enjoy these rights as well. We are all beneficiaries of these rights and the laws provide us with tools to protect them.

It took community pressure, elected officials' support, and many hours of core-group organizing strategy to reach this level of recognition for this issue. We cannot allow our government to be out of tune with the voice and spirit of the people they should represent. Present day systems of government must evolve further if they are to fully represent the spirit of the people. Laws must be tested. The actual and legal protection of human rights is still being established.

As we look to the future, what lies ahead? Will we have an open coastline that future generations can enjoy, where the land is alive and renews the spirit? We envision a coastline with low-level, low impact projects that have a direct benefit to the community. We see an environment where people learn the value of fish ponds, aquaculture, hydroponics, medicinal plants, self-reliance, and sustainability; and where traditional uses of the land are tied to the present and the future. We envision a coastline where our community can continue to gather in an area open for fishing, surfing, camping, and other recreational and cultural resources, educational programs that combine environmental and cultural awareness, marine science, and Hawaiian studies, that will connect the coastline to the planned university. And when we look to the sea, we see a fleet of Hawaiian canoes traversing the coastline linking the past to the present through hands-on interaction with the community.

E HO'OMAU, E HO'OMAU:
WE MUST PERSEVERE AND CARRY ON

With all the support from the various groups and information supplied to the court, justice can proceed with wisdom. Our communities can work together to protect what it is we love about Hawaii and perpetuate those values that run deep, that are cross-cultural, timeless, and univerally true. Joining with like-minded groups and individuals, supporting and respecting one another, finding the common threads and exploring the shared vision builds strength, gives the community a voice, and makes the goals reachable.


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