2000-04-12 Charter Commission Minutes

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minutes 04-12-00Page 7 of 26 Constitution. You are the people that’s supposed to take care of us. Read the Constitution. That’s what it is. You are. KAHAWAIOLA’A: The Constitution is clear. The State and its people will uphold the Hawaiian race. I mean, that’s as clear as it can get. I don’t know who I am if you guys don’t believe I’m a Hawaiian race. JIM: I’m very disappointed in what you guys are doing, and that’s why I’m taking steps to make sure you do it. And it’s not respect to individuals. There’s other people abusing it, and taking advantages of this State. You need to bring it out. Once you bring it out you’ll take steps, like the third party; Wal-Mart, the sewer. We have the key to open that door to get into the courtroom and take action. HIGASHI: Mr. Jim. JIM: Yes. HIGASHI: Excuse my ignorance, but Article 12, is that the Hawaiian Homes Commission Act? JIM: Hawaiian Affairs, yes, 1, 2, 3, 4 and 7. HIGASHI: Only deals with Hawaiian homes land. KAHAWAIOLA’A: It deals with everything that’s Hawaiian in that Section of the Constitution, Article 12. HIGASHI: Are we talking about only Hawaiian homes land in reference to the Charter? JIM: I’m going to change the language. It’s clearly identified by the Supreme Court. There are Statutes in there which is the Hawaiian Affairs. The first paragraph. I have it here but I can give it out - in Hawaiian Affairs. It says nothing in this Constitution withstanding Hawaiian Home Commission Act of the class of a Native Hawaiian. It’s a Statute right now. It’s racial. It’s no doubt that courts out there saying that. And you and the State and it’s people, in Section 2 of that, the people that take care of us and the management of that. And there’s a definitive in that. HIGASHI: Wait, you’re confusing me. You’re confusing me. Is Article 12, that you have written in your proposal - JIM: Yes, it’s Hawaiian Affairs. HIGASHI: There’s a difference between Hawaiian Affairs and Hawaiian Homes Commission and - JIM: No, that’s the title. KAHAWAIOLA’A: That’s the title of Article 12. HIGASHI: Okay. 5(f) lands and stuff like that? KAHAWAIOLA’A: It deals with everything that’s Hawaiian Affairs. You will not find it nowhere else. JIM: Nowhere else. KAHAWAIOLA’A: They’ve incorporated it. It used to be Article 11. When they made the ‘78 Constitutional Convention, they moved everything into the Hawaiian Affairs, Article 12, at the ConCon of ‘78. Not private land, it doesn’t talk about what can be done. All the volumes in Article 12 deals with Hawaiian Affairs, the Admissions Act, all those types of Statutes that deal with Hawaiian Affairs. JIM: Article 12, Section 2 – it’s a compact that the State and its people, which you are, to uphold the Hawaiian Home Commission Act. It’s as simple as that. HIGASHI: So, we’re not talking about a Hawaiian who owns his own land, has his own destiny/control. file://\\coh01\cohweb\council\charter_commission\minutes\minutes 04-12-00.htm7/1/2011