Summer 2019

KA MOAʻE: SUMMER 2019

Director’s Column:  Aloha Avis!

D. Kapuaʻala Sproat, Director and Professor of Law

Ka Huli Ao Director D. Kapuaʻala Sproat

Aloha e nā hoa makamaka!

Ka Huli Ao bids farewell to Avis Poai, our former Director of Archives and Legal History.  Avis requested an administrative reassignment to the University of Hawaiʻi’s Institute of Hawaiian Language Research and Translation, which Dean Avi Soifer granted during the Spring 2019 Semester.  We are grateful for Avis’ contributions to our academic center over the years, and wish her well on this next phase of her journey.  Read more.

 


The U.N. Declaration on the Rights of Indigenous Peoples:  Part II – ʻĀina

Melody Kapilialoha MacKenzie, Founding Director and Professor of Law

Melody Kapilialoha MacKenzie, Founding Director and Professor of Law

Introduction

In an earlier issue of Ka Moaʻe, I discussed the U.N. Declaration on the Rights of Indigenous Peoples and the Declaration’s provisions on self-determination, as well as the interpretation of the United States on the Indigenous right to self-determination.  I started by explaining that this exploration of the Declaration stems from co-teaching a class with  Walter Echo-Hawk, the Spring 2018 Dan & Maggie Inouye Distinguished Chair in Democratic Ideals.  Walter, who has asserted and defended the rights of Native American nations and tribes for more than forty years, strongly urges those working on behalf of Indigenous peoples to continue to raise the principles set out in the Declaration in every possible forum – before courts, tribunals, legislatures, and the executive, and on a county, state, federal, and international level.  He believes that continuing to assert these human rights principles will, over time, change the perception and help to eliminate the racist underpinnings of colonial laws and judicial decisions.  Read more.


Ka Huli Ao and Island Girl Fund Award Three Native Hawaiian Law Summer Fellowships

Susan K. Serrano, Associate Director and Associate Faculty Specialist

Susan Serrano, Associate Director

 

Ka Huli Ao and the Island Girl Fund are pleased to announce our 2019 Summer Fellows in Native Hawaiian Law.  Three fellowship recipients will spend ten weeks during the summer honing their advocacy skills and knowledge of Native Hawaiian law to make a positive impact on the Native Hawaiian community.  Read more.

 

 

 


Native Hawaiian Law Training Update:  Hahai Pono I Ke Ala Kukui Me Ka Huli Ao

Mahina Tuteur, Post-J.D. Fellow

Mahina Tuteur, Post-J.D. FellowOn June 7, 2019, Ka Huli Ao, in partnership with the Office of Hawaiian Affairs (OHA), conducted a Native Hawaiian Law Training Course for members and staff of state and county boards, commissions, councils, and agencies who administer resources and programs that impact Hawaiʻi’s natural and cultural resources.  Over 100 people attended the full-day training course at Orvis Auditorium on the UH Mānoa campus, with members of the State Land Use Commission, Legacy Land Conservation Commission, and the Hawaiian Homes Commission among those in attendance.  State representatives and county councilmembers also participated, as well as several staff from the Hawaiʻi County Planning Department and the Maui County Department of the Corporation Counsel.  Read more.


Environmental Law Clinic Update:  Aia i Waiʻoli ke Aloha ʻĀina

Letani Peltier, Post-J.D. Fellow

Letani Peltier, Post-J.D. FellowFor the Spring Semester 2019, the Environmental Law Clinic assisted small family farmers from Waiʻoli, Kauaʻi in their efforts to restore and maintain their loʻi kalo system, which was severely damaged by heavy rainfall and flooding in April 2018. Although this system has been utilized since time immemorial, disaster relief efforts determined that the mānowai, poʻowai, and much of the ʻauwai are now on state conservation land. Importantly, the County of Kauaʻi dedicated over $500,000 in disaster relief to repair this system, which supports more than a quarter of all of the kalo grown in Hawaiʻi nei.  But, over a year after the flood, the Hui has been unable to access those funds due to complex permitting and other requirements.  Read more.

 


ʻIkea ka moku nui a Keawe

Liʻi Nāhiwa, Summer Fellow

Liʻi NāhiwaWelina mai e nā makamaka makeʻe kānāwai o Puahia nei, aloha nui kākou:

I ka lā 11 o Mei, i pae aku ai ʻo Ka Huli Ao i ka laʻi o Kona kai ʻōpua, no ka mālama ʻia ʻana ʻo I Mana I Ka Wai Water Law and Advocacy Training ma ka ʻāina ʻihi kapu ʻo Keauhou. ʻO kēia ka helu ʻeiwa o nā hālāwai he ʻumi i hoʻokumu ʻia ma lalo o ke kuʻikahi e hoʻopili ana iā Ka Huli Ao me ka Department of Hawaiian Home Lands (“DHHL”). Ua ʻākoakoa nā ʻelele ʻo Ka Huli Ao, DHHL, ka State Water Commission a me ke kaiāulu e kūkā kamaʻilio ai no nā ʻano kānāwai e pili pū ana i nā kuleana pono wai, nā pono Traditional and Customary a me nā kuleana Public Trust. Ua hoʻokumu ʻia nēia kuʻikahi no ka hoʻonui ʻana aʻe i ko ke kaiāulu ʻike wai i mea e ola ai kākou i ka wai.  Read more.


Final Resilient Hawaiian Communities Update

Sean Aronson, Post-J.D. Fellow

Sean Aronson, Post-J.D. Fellow

On December 31, 2018, the Resilient Hawaiian Communities (RHC) initiative officially drew to a close. The inaugural two-year project set out to build capacity within two Native Hawaiian communities through the creation of a community driven resiliency plan. Each community – Kailapa Homestead on Hawaiʻi Island and Waiehu Kou Homestead on Maui – completed a resiliency plan that will serve as a roadmap for the future and allow them to engage even more community members in the implementation of the goals they worked so hard to set.  Read more.

 


What’s New at Ka Huli Ao

The Spring 2019 semester was busy for Ka Huli Ao!  A few highlights . . .  Read more.