Ceded-lands settlement would be precedent?Jerry Burris has a column
about the OHA's proposed so-called ceded lands settlement. He
says:
If approved by the Legislature, the state will have formally acknowledged it owes land and cash exclusively to Hawaiians, and Hawaiians alone, as their due share of the income the lands have generated over all these years. Again setting aside that by international standards it should be Hawaiian nationals as a whole, not just Native Hawaiians, but just considering the issue within the framework of U.S. domestic law and native rights policy, what about 1920 Hawaiian Homes Commission Act, which set aside about 800,000 acres of land exclusively for Native Hawaiians and set up a trust fund? What about the 1980 constitutional amendment which created OHA and set aside 20% of the 5(f) so-called ceded lands revenues in the first place, based on the 1959 Admissions Act? While this settlement is about the fact that OHA wasn't fully paid what may have been owed according to the constitution, OHA has been paid some of these revenues over the years. I think internal U.S. law is the wrong venue and just Native Hawaiians are the wrong party, but even if you look it from within that context, I don't see how Burris can say that this proposed settlement would be the first time the "government officially recognized (and paid) Hawaiian claims for losses traced to the overthrow of the kingdom." Posted: Wed - January 23, 2008 at 11:28 AM |
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Total entries in this category: Published On: Jan 24, 2008 10:00 AM |