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WHY WE MUST PROTECT MĀKUA VALLEY
E mālama i ka makua, he mea laha `ole
By Dr. Trisha Kehaulani Watson, June 14, 2009
<https://static1.squarespace.com/static/5b084e78ee1759c1c50968e5/t/5d26556ed2985b000169adc8/1562793331725/Why+We+Must+Protect+Makua+Valley.pdf>
Mary Kawena Pukui explained this `ōlelo no`eau to mean “parents should be cared for, for when
they are gone, there are none to replace them.” To Hawaiians, Mākua Valley in Wai`anae
represents our parents; Mākua is a kinolau or physical body form of the parents of all Hawaiians.
A particularly sacred place, or wahi pana, the protection of Mākua remains as of vital import to
Native Hawaiians as the protection and caring for our human parents. The occupation and
desecration of Mākua is both a physical and spiritual offensive against the residing indigenous
people of this land.
Mākua's rich history extends back as many as thirty-five generations, as early as the 8th century.
Mākua houses a rich spiritual history that reflects its deep significance to the Hawaiian people.
Even today, as one stands in the valley, hō‘ailona appear regularly to those who help mālama
Mākua. Whether in the form of clouds, timely and pointed winds (called makani, a Hawaiian
word also meaning ghost or spirit), or images that appear in the mountains or valley floor, signs
or hō‘ailona serve as telling reminders of the powerful spirituality of Mākua.
THE HAWAIIAN RENAISSANCE IN HAWAII
IS HELD UP AS A GLOBAL MODEL FOR BIOCULTURAL RESTORATION
WITHIN THE SCHOLARLY LITERATURE ON THE TOPIC
Wikipedia <https://en.wikipedia.org/wiki/Biocultural_diversity>
HAWAI'I IN FOCUS: NAVIGATING PATHWAYS
IN GLOBAL BIOCULTURAL LEADERSHIP (2019)
By Kevin Chang, Kawika B. Winter, and Noa Kekuewa Lincoln
MDPI (Molecular Diversity Preservation International), Basel, Switzerland
<https://www.mdpi.com/2071-1050/11/1/283/htm>
“… humans cannot be viewed either as passive consumers or rapacious exploiters of
ecosystems; conversely ecosystems are more than a backdrop for human agency or a larder to
fuel human economies. 'Pristine' ecosystems have not existed anywhere for millennia, and
humans and cultural systems have played an integral role in the development and maintenance
of ecosystems worldwide. Yet humans—even in the context of complex society—are still
subject to a wide variety of ecological constraints. This means that human society is
constantly reshaping the intertwined cultural and natural components of the socioecological
landscape on which its members and their descendants must operate. This perspective is a
common thread and a key part of the existential foundation of the people of Hawai`i. Indeed,
today our constitution and legal system recognize and have begun to re-invigorate the
common law of our land, the indigenous public trust doctrine of mālama ‘āina (to care for that
which feeds). Human–nature systems, indigenous knowledge, and biocultural heritage gain
significance in this context.”
A HAWAIIAN RENAISSANCE THAT COULD SAVE THE WORLD
This archipelago's society before Western contact developed a large, self-sufficient population, yet imposed a remarkably small ecological footprint
By Sam 'Ohu Gon and Kawika Winter
American Scientist, Research Triangle Park, North Carolina
<https://www.americanscientist.org/article/a-hawaiian-renaissance-that-could-save-the-world>
Through a combination of agricultural modeling, archaeological databases, modern ecological
reconstruction techniques, global agroeconomic data, and that huge archive of traditional
Hawaiian ecological descriptions predating first Western contact, we were able to follow the
landscape history of Hawai`i back to the times before humans. We learned that, as in almost
all places where people live, the Hawai`i of 1,000 years ago bears almost no resemblance to
what we see today. We also uncovered findings about traditional Hawaiian lifestyle, such as
how to sustain a population comparable to today while maintaining a majority of the
landscape as forest and retaining all the ecosystem services that the forest provides. Such
revelations may provide a pathway to a future of global sustainability for the planet—all
thanks to a Hawaiian cultural renaissance that began in the 1970s and continues today.
______________________________
As we express our gratitude, we must never forget that the highest appreciation is not to utter
words, but to live by them - John F. Kennedy
The best and most beautiful things in the world cannot be seen or even touched - they must be
felt with the heart - Helen Keller
I believe there's an inner power that makes winners or losers. And the winners are the ones
who really listen to the truth of their hearts - Sylvester Stallone
______________________________
EXPLORING THE “MEETING OF WISDOMS” BETWEEN INDIGENOUS
ANCESTRAL KNOWLEDGE SYSTEMS AND WESTERN EMPIRICAL SCIENCES
University of Hawai`i, Office of Sustainability
<https://www.hawaii.edu/sustainability/sustainability/>
Today, humanity is faced with planetary crises compounded by the disconnect between
modern society and nature. We posit that these crises are rooted in the lack of understanding
and engagement with deeper meaning and value of place.
Indigenous cultures and their systems and structures offer ways of thinking, being, and doing
that can restore and sustain balance. An enriched sense of place offers both symbolic and
empirical dividends to the communities it serves.
The vibrant Hawaiian culture that flourishes in harmony with the natural resources available
to its people continues to offer a powerful and timely model for mutually beneficial
relationships between human and natural systems in Hawaiʻi and the global community.
Aloha `Āina invites innovation and creativity in our academic and scholarly enterprise to
transform students and create engaged citizens who care for our people and our places in order
to serve our islands and our planet.
Hawai`i: Sustainability as a Lived Practice
<https://www.hawaii.edu/sustainability/hawaii-sustainability-as-a-lived-practice/>
[Emphasis In Original]
There was no word for “Sustainability” in ancient Hawaiian culture. In order to survive with
only the resources available on these tiny islands in the middle of the vast Pacific Ocean –
5,000 miles away from the nearest land mass – you were either sustainable, or you were dead.
Native Hawaiians created a thriving, vibrant and flourishing culture and society living
within the archipelago's ecological boundaries, and in kinship with the natural world.
______________________________
STOP IGNORING THE NEEDS OF NATIVE PEOPLE!
HAWAII SENATOR BRIAN SCHATZ
Chairman United States Senate Commitee on Indian Affairs
The way I look at the work we're doing is to try to understand all those injustices, where and
how they occurred, what the scars are, and then to try to reverse them in a systematic way.
Because, remember, all the injustices were imposed in a terribly systematic and thoughtful and
planful way.
Returning land from the federal government to Hawaiians is one of those things.
You also have to go back further than that and understand that the original sin was the
overthrow and that the federal and state government had formal policies to dispossess
Hawaiians from their land and their culture and their language and their ability to make a
living. And so if you’re talking about this only as a telescope … you're kind of missing
the point. Over time, brick by brick, we're going to try to reverse the damage and reverse the
scars. [Emphasis Supplied]
Source
Schatz: Congress Needs To Stop 'Ignoring The Needs Of Native People'
The Hawaii senator says Democrats have a unique opportunity to address centuries of racism, in part
through funneling more resources to Indigenous communities
By Anita Hofschneider, Honolulu Civil Beat, July 2, 2021
<https://www.civilbeat.org/2021/07/schatz-congress-needs-to-stop-ignoring-the-needs-of-native-people/>
______________________________
THE EARTH CHARTER
HCR 84
T
THE
HE L
LEAGUE
EAGUE OF
OF W
WOMEN
OMEN V
VOTERS
OTERS OF
OF H
HAWAII
AWAII
<https://www.lwv-hawaii.com/testimony/hcr0084hr60.htm>
[Extrcct]
The League of Women Voters of Hawaii proudly supports HCR 84...to endorse the Earth
Charter and adopt its central principles as part of the framework for sustainable planning and
development for Hawaii. The Earth Charter and the values and principles it articulates -
environmental responsibility, peaceful coexistence, respect for life, democracy, and justice -
are inherently aligned with the cultural values of Hawaii, the spirit of Aloha and respect for
the a'ina.
Because our State seeks to be a leader in incorporating principles of sustainability into
planning processes at all levels of government, it is sound and right to urge Hawaii's public
leaders to adopt and use the Earth Charter to that end.
The Earth Charter's inclusive ethical vision recognizes that environmental protection, human
rights, equitable human development, and peace are interdependent and indivisible. This gives
a new framework for thinking about and addressing these issues, with the result of a fresh,
broad conception of what constitutes a sustainable community and sustainable development.
At a time when major changes in how we think and live are urgently needed, the Earth Charter
challenges us to examine our values and to choose a better way. It inspires in us a new sense
of global interdependence and shared responsibility for the well-being of the human family
and the larger living world. The Earth Charter is truly an expression of hope.
We strongly urge your support for HCR 84.
______________________________
EVERYDAY ETHICS FOR LOCAL OFFICIALS - FIDUCIARY DUTIES AND PUBLIC SERVICE
Institute for Local Government, February 2008
<https://www.ca-ilg.org/sites/main/files/file-attachments/resources__Everyday_Ethics_Feb08_0.pdf?1396031848#:~:text=Because%20a
%20fiduciary%20has%20the,to%20serve%20th%20public%20honestly.>
How might concepts underlying fiduciary duty relate to the public's expectations ofpublic
officials? First, let's look at the term “fiduciary.” It derives from the Latin terms fides or
fiducia, both of which mean trust and confidence.
Certainly when the public chooses an elected official, the public is putting its trust and
confidence in him or her to act in the public’s best interests. The same can be said when one
becomes an employee of a public agency. The agency trusts everyone on its team to put the
public's interests first. Indeed, always putting the public's interests first is the essence of public
service ethics.
Does the concept of public officials owing a type of fiduciary duty to the public help simplify
what public service ethics is about? Simplification is frequently in the eye of the beholder,
so we will let our readers be the judge.
Certainly the core concept of acting for the benefit of others as opposed to oneself is equally
important to both public service ethics and fiduciary obligations.Perhaps something like the
Marine Corps motto of Semper Fi or “Always Faithful” (Semper Fidelis) can simplify the way
one thinks about public service ethics. Public officials, however, must be faithful to the
concept of all actions being about the public's interests. Semper pro Populus means “Always
for the Public” -- the core message of both a fiduciary approach to public service and the
concept underlying public service ethics laws.
In a representative democracy, the public elects officials to act in their interests. Elected
officials make important decisions on behalf of the public, including how to spend taxpayer
and other public monies on infrastructure and services. Public officials also exercise the power
of the collective will when they adopt and enforce regulations. Regulations intrude on
individuals' prerogatives. Essentially, in a given situation, what an individual wants to do must
yield to the concept of the greater good of the community. Wielding the power of the public
purse as well as the power to regulate are certainly weighty responsibilities.
A fiduciary is FORBIDDEN from acting in any manner adverse or contrary to the
interests of those he or she serves. This means not putting one's own financial or
POLITICAL INTERESTS ahead of the public's. [Emphasis Supplied]
______________________________
JUSTICE DELAYED IS JUSTICE DENIED
A legal maxim
If legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion,
it is effectively the same as having no remedy at all
______________________________
JUSTICE AS DISPOSSESSED BY HAWAII LEGISLATURE
MAKUA VALLEY
PUBLIC TRUST – HAWAIIAN CULTURE & SUSTAINABILY
THROWN UNDER THE BUS
US ARMY GRANTED SUPERVISORY RELEASE FOR UP TO 10 YEARS
HOUSE CONCURRENT RESOLUTION 84
<https://www.capitol.hawaii.gov/session2019/bills/HCR84_.HTM>
WHEREAS, General Lease No. S-3848, the State's sixty-five-year lease to the United States
Army for its use of Makua valley, expires on August 16, 2029; now, therefore,
BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State
of Hawaii, Regular Session of 2019, the Senate concurring, that the Board of Land and
Natural Resources is requested to form a task force, the members of which are to serve
without compensation, to examine and address the legal, historical, environmental, and
cultural impacts from the decades-long use of Makua valley by the United States armed
forces, and prepare for the transition of the management of the Makua Military Reservation
from the United States Army to the State upon expiration of General Lease NO. S-3848;
BE IT FURTHER RESOLVED that the task force is requested to submit status updates
of its findings and recommendations, including any proposed legislation to the
Legislature no later than twenty days prior to the convening of each regular legislative
session until the task force is dissolved on February 16, 2030, six months after the
expiration of General Lease No. S-3848;
______________________________
Los Angeles, California
Political reasons for delaying negotiations. There may also be self serving professional
reasons to deliberately stall talks.
This scenario frequently occurs when one or both parties have a responsibility to other
constituents. Be absolved of responsibility for any unpopular decisions reached. Slick
tactic, eh?
Knowing when and how to negotiate is one thing. Knowing when not to negotiate at all,
is an altogether different matter. Every savvy negotiator is aware that there are times to
break off the talks for now, in order to enhance the talks later. Reasons could include a
cooling off process or to re-evaluate new information. However, there are other thorny
conditions which can crop up when the circumstances compel you to not negotiate at all.
You might be better off to zipper your mouth and do nothing, or to permanently walk
away. The reasons can be either tactical or part of your overall strategy.There are times
when it would be just plain dumb to do otherwise. There will be times when your
counterpart is simply going to drive you away from the table, and you will have no desire
to return. This means a permanent cessation of talks.
Hardball – Some people just won't give you a [centimeter], let alone an inch. Hard
bargaining tactics can drive you to distraction. Every reasonable proposition is met with
a demand for another concession, and without them offering or giving anything in
return. Or, you find yourself hitting a dead end despite every attempt to reach a
compromise. When you ask yourself whether the price is worth the cost, and the
resulting answer is, 'No Way!' it is then time to walk away.
______________________________
THE ARMY AND NATIVE HAWAIIANS BOTH WANT OAHU'S MAKUA VALLEY
As the Army looks to renew leases on Hawaii state lands, a debate rages about both its past and its future
By Kevin Knodell, Honolulu Civil Beat, August 15, 2021
<https://www.civilbeat.org/2021/08/a-shaky-truce-the-army-and-native-hawaiians-both-want-oahus-makua-valley/>
Makua Valley, which is on the Leeward Coast near the foothills of the Waianae mountains, is a
flashpoint in the struggle between the military and Hawaiian activists seeking to reclaim land
they contend was essentially stolen from them in past decades. The issue is coming to the fore as
the Army must soon renew 65-year leases on some 6,300 acres of land on Oahu, including 760
acres in the Makua Valley, that expire in 2029. The Army recently announced it is preparing an
environmental impact statement and is seeking public comments for its proposed retention of the
training grounds. “We're sitting at the table right now. We got food out, we got everything out
ready to talk. But they don't want to hear what we have to say.” - Nathan Routt, Malama Makua
MAKUA VALLEY
Image Courtesy of Earth Justice

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  • 1. WHY WE MUST PROTECT MĀKUA VALLEY E mālama i ka makua, he mea laha `ole By Dr. Trisha Kehaulani Watson, June 14, 2009 <https://static1.squarespace.com/static/5b084e78ee1759c1c50968e5/t/5d26556ed2985b000169adc8/1562793331725/Why+We+Must+Protect+Makua+Valley.pdf> Mary Kawena Pukui explained this `ōlelo no`eau to mean “parents should be cared for, for when they are gone, there are none to replace them.” To Hawaiians, Mākua Valley in Wai`anae represents our parents; Mākua is a kinolau or physical body form of the parents of all Hawaiians. A particularly sacred place, or wahi pana, the protection of Mākua remains as of vital import to Native Hawaiians as the protection and caring for our human parents. The occupation and desecration of Mākua is both a physical and spiritual offensive against the residing indigenous people of this land. Mākua's rich history extends back as many as thirty-five generations, as early as the 8th century. Mākua houses a rich spiritual history that reflects its deep significance to the Hawaiian people. Even today, as one stands in the valley, hō‘ailona appear regularly to those who help mālama Mākua. Whether in the form of clouds, timely and pointed winds (called makani, a Hawaiian word also meaning ghost or spirit), or images that appear in the mountains or valley floor, signs or hō‘ailona serve as telling reminders of the powerful spirituality of Mākua. THE HAWAIIAN RENAISSANCE IN HAWAII IS HELD UP AS A GLOBAL MODEL FOR BIOCULTURAL RESTORATION WITHIN THE SCHOLARLY LITERATURE ON THE TOPIC Wikipedia <https://en.wikipedia.org/wiki/Biocultural_diversity> HAWAI'I IN FOCUS: NAVIGATING PATHWAYS IN GLOBAL BIOCULTURAL LEADERSHIP (2019) By Kevin Chang, Kawika B. Winter, and Noa Kekuewa Lincoln MDPI (Molecular Diversity Preservation International), Basel, Switzerland <https://www.mdpi.com/2071-1050/11/1/283/htm> “… humans cannot be viewed either as passive consumers or rapacious exploiters of ecosystems; conversely ecosystems are more than a backdrop for human agency or a larder to fuel human economies. 'Pristine' ecosystems have not existed anywhere for millennia, and humans and cultural systems have played an integral role in the development and maintenance of ecosystems worldwide. Yet humans—even in the context of complex society—are still subject to a wide variety of ecological constraints. This means that human society is constantly reshaping the intertwined cultural and natural components of the socioecological landscape on which its members and their descendants must operate. This perspective is a common thread and a key part of the existential foundation of the people of Hawai`i. Indeed, today our constitution and legal system recognize and have begun to re-invigorate the common law of our land, the indigenous public trust doctrine of mālama ‘āina (to care for that which feeds). Human–nature systems, indigenous knowledge, and biocultural heritage gain significance in this context.”
  • 2. A HAWAIIAN RENAISSANCE THAT COULD SAVE THE WORLD This archipelago's society before Western contact developed a large, self-sufficient population, yet imposed a remarkably small ecological footprint By Sam 'Ohu Gon and Kawika Winter American Scientist, Research Triangle Park, North Carolina <https://www.americanscientist.org/article/a-hawaiian-renaissance-that-could-save-the-world> Through a combination of agricultural modeling, archaeological databases, modern ecological reconstruction techniques, global agroeconomic data, and that huge archive of traditional Hawaiian ecological descriptions predating first Western contact, we were able to follow the landscape history of Hawai`i back to the times before humans. We learned that, as in almost all places where people live, the Hawai`i of 1,000 years ago bears almost no resemblance to what we see today. We also uncovered findings about traditional Hawaiian lifestyle, such as how to sustain a population comparable to today while maintaining a majority of the landscape as forest and retaining all the ecosystem services that the forest provides. Such revelations may provide a pathway to a future of global sustainability for the planet—all thanks to a Hawaiian cultural renaissance that began in the 1970s and continues today. ______________________________ As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them - John F. Kennedy The best and most beautiful things in the world cannot be seen or even touched - they must be felt with the heart - Helen Keller I believe there's an inner power that makes winners or losers. And the winners are the ones who really listen to the truth of their hearts - Sylvester Stallone ______________________________ EXPLORING THE “MEETING OF WISDOMS” BETWEEN INDIGENOUS ANCESTRAL KNOWLEDGE SYSTEMS AND WESTERN EMPIRICAL SCIENCES University of Hawai`i, Office of Sustainability <https://www.hawaii.edu/sustainability/sustainability/> Today, humanity is faced with planetary crises compounded by the disconnect between modern society and nature. We posit that these crises are rooted in the lack of understanding and engagement with deeper meaning and value of place. Indigenous cultures and their systems and structures offer ways of thinking, being, and doing that can restore and sustain balance. An enriched sense of place offers both symbolic and empirical dividends to the communities it serves. The vibrant Hawaiian culture that flourishes in harmony with the natural resources available to its people continues to offer a powerful and timely model for mutually beneficial relationships between human and natural systems in Hawaiʻi and the global community. Aloha `Āina invites innovation and creativity in our academic and scholarly enterprise to transform students and create engaged citizens who care for our people and our places in order to serve our islands and our planet.
  • 3. Hawai`i: Sustainability as a Lived Practice <https://www.hawaii.edu/sustainability/hawaii-sustainability-as-a-lived-practice/> [Emphasis In Original] There was no word for “Sustainability” in ancient Hawaiian culture. In order to survive with only the resources available on these tiny islands in the middle of the vast Pacific Ocean – 5,000 miles away from the nearest land mass – you were either sustainable, or you were dead. Native Hawaiians created a thriving, vibrant and flourishing culture and society living within the archipelago's ecological boundaries, and in kinship with the natural world. ______________________________ STOP IGNORING THE NEEDS OF NATIVE PEOPLE! HAWAII SENATOR BRIAN SCHATZ Chairman United States Senate Commitee on Indian Affairs The way I look at the work we're doing is to try to understand all those injustices, where and how they occurred, what the scars are, and then to try to reverse them in a systematic way. Because, remember, all the injustices were imposed in a terribly systematic and thoughtful and planful way. Returning land from the federal government to Hawaiians is one of those things. You also have to go back further than that and understand that the original sin was the overthrow and that the federal and state government had formal policies to dispossess Hawaiians from their land and their culture and their language and their ability to make a living. And so if you’re talking about this only as a telescope … you're kind of missing the point. Over time, brick by brick, we're going to try to reverse the damage and reverse the scars. [Emphasis Supplied] Source Schatz: Congress Needs To Stop 'Ignoring The Needs Of Native People' The Hawaii senator says Democrats have a unique opportunity to address centuries of racism, in part through funneling more resources to Indigenous communities By Anita Hofschneider, Honolulu Civil Beat, July 2, 2021 <https://www.civilbeat.org/2021/07/schatz-congress-needs-to-stop-ignoring-the-needs-of-native-people/> ______________________________ THE EARTH CHARTER HCR 84 T THE HE L LEAGUE EAGUE OF OF W WOMEN OMEN V VOTERS OTERS OF OF H HAWAII AWAII <https://www.lwv-hawaii.com/testimony/hcr0084hr60.htm> [Extrcct] The League of Women Voters of Hawaii proudly supports HCR 84...to endorse the Earth Charter and adopt its central principles as part of the framework for sustainable planning and development for Hawaii. The Earth Charter and the values and principles it articulates - environmental responsibility, peaceful coexistence, respect for life, democracy, and justice - are inherently aligned with the cultural values of Hawaii, the spirit of Aloha and respect for the a'ina.
  • 4. Because our State seeks to be a leader in incorporating principles of sustainability into planning processes at all levels of government, it is sound and right to urge Hawaii's public leaders to adopt and use the Earth Charter to that end. The Earth Charter's inclusive ethical vision recognizes that environmental protection, human rights, equitable human development, and peace are interdependent and indivisible. This gives a new framework for thinking about and addressing these issues, with the result of a fresh, broad conception of what constitutes a sustainable community and sustainable development. At a time when major changes in how we think and live are urgently needed, the Earth Charter challenges us to examine our values and to choose a better way. It inspires in us a new sense of global interdependence and shared responsibility for the well-being of the human family and the larger living world. The Earth Charter is truly an expression of hope. We strongly urge your support for HCR 84. ______________________________ EVERYDAY ETHICS FOR LOCAL OFFICIALS - FIDUCIARY DUTIES AND PUBLIC SERVICE Institute for Local Government, February 2008 <https://www.ca-ilg.org/sites/main/files/file-attachments/resources__Everyday_Ethics_Feb08_0.pdf?1396031848#:~:text=Because%20a %20fiduciary%20has%20the,to%20serve%20th%20public%20honestly.> How might concepts underlying fiduciary duty relate to the public's expectations ofpublic officials? First, let's look at the term “fiduciary.” It derives from the Latin terms fides or fiducia, both of which mean trust and confidence. Certainly when the public chooses an elected official, the public is putting its trust and confidence in him or her to act in the public’s best interests. The same can be said when one becomes an employee of a public agency. The agency trusts everyone on its team to put the public's interests first. Indeed, always putting the public's interests first is the essence of public service ethics. Does the concept of public officials owing a type of fiduciary duty to the public help simplify what public service ethics is about? Simplification is frequently in the eye of the beholder, so we will let our readers be the judge. Certainly the core concept of acting for the benefit of others as opposed to oneself is equally important to both public service ethics and fiduciary obligations.Perhaps something like the Marine Corps motto of Semper Fi or “Always Faithful” (Semper Fidelis) can simplify the way one thinks about public service ethics. Public officials, however, must be faithful to the concept of all actions being about the public's interests. Semper pro Populus means “Always for the Public” -- the core message of both a fiduciary approach to public service and the concept underlying public service ethics laws. In a representative democracy, the public elects officials to act in their interests. Elected officials make important decisions on behalf of the public, including how to spend taxpayer and other public monies on infrastructure and services. Public officials also exercise the power of the collective will when they adopt and enforce regulations. Regulations intrude on individuals' prerogatives. Essentially, in a given situation, what an individual wants to do must yield to the concept of the greater good of the community. Wielding the power of the public purse as well as the power to regulate are certainly weighty responsibilities.
  • 5. A fiduciary is FORBIDDEN from acting in any manner adverse or contrary to the interests of those he or she serves. This means not putting one's own financial or POLITICAL INTERESTS ahead of the public's. [Emphasis Supplied] ______________________________ JUSTICE DELAYED IS JUSTICE DENIED A legal maxim If legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all ______________________________ JUSTICE AS DISPOSSESSED BY HAWAII LEGISLATURE MAKUA VALLEY PUBLIC TRUST – HAWAIIAN CULTURE & SUSTAINABILY THROWN UNDER THE BUS US ARMY GRANTED SUPERVISORY RELEASE FOR UP TO 10 YEARS HOUSE CONCURRENT RESOLUTION 84 <https://www.capitol.hawaii.gov/session2019/bills/HCR84_.HTM> WHEREAS, General Lease No. S-3848, the State's sixty-five-year lease to the United States Army for its use of Makua valley, expires on August 16, 2029; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the Senate concurring, that the Board of Land and Natural Resources is requested to form a task force, the members of which are to serve without compensation, to examine and address the legal, historical, environmental, and cultural impacts from the decades-long use of Makua valley by the United States armed forces, and prepare for the transition of the management of the Makua Military Reservation from the United States Army to the State upon expiration of General Lease NO. S-3848; BE IT FURTHER RESOLVED that the task force is requested to submit status updates of its findings and recommendations, including any proposed legislation to the Legislature no later than twenty days prior to the convening of each regular legislative session until the task force is dissolved on February 16, 2030, six months after the expiration of General Lease No. S-3848; ______________________________ Los Angeles, California Political reasons for delaying negotiations. There may also be self serving professional reasons to deliberately stall talks.
  • 6. This scenario frequently occurs when one or both parties have a responsibility to other constituents. Be absolved of responsibility for any unpopular decisions reached. Slick tactic, eh? Knowing when and how to negotiate is one thing. Knowing when not to negotiate at all, is an altogether different matter. Every savvy negotiator is aware that there are times to break off the talks for now, in order to enhance the talks later. Reasons could include a cooling off process or to re-evaluate new information. However, there are other thorny conditions which can crop up when the circumstances compel you to not negotiate at all. You might be better off to zipper your mouth and do nothing, or to permanently walk away. The reasons can be either tactical or part of your overall strategy.There are times when it would be just plain dumb to do otherwise. There will be times when your counterpart is simply going to drive you away from the table, and you will have no desire to return. This means a permanent cessation of talks. Hardball – Some people just won't give you a [centimeter], let alone an inch. Hard bargaining tactics can drive you to distraction. Every reasonable proposition is met with a demand for another concession, and without them offering or giving anything in return. Or, you find yourself hitting a dead end despite every attempt to reach a compromise. When you ask yourself whether the price is worth the cost, and the resulting answer is, 'No Way!' it is then time to walk away. ______________________________ THE ARMY AND NATIVE HAWAIIANS BOTH WANT OAHU'S MAKUA VALLEY As the Army looks to renew leases on Hawaii state lands, a debate rages about both its past and its future By Kevin Knodell, Honolulu Civil Beat, August 15, 2021 <https://www.civilbeat.org/2021/08/a-shaky-truce-the-army-and-native-hawaiians-both-want-oahus-makua-valley/> Makua Valley, which is on the Leeward Coast near the foothills of the Waianae mountains, is a flashpoint in the struggle between the military and Hawaiian activists seeking to reclaim land they contend was essentially stolen from them in past decades. The issue is coming to the fore as the Army must soon renew 65-year leases on some 6,300 acres of land on Oahu, including 760 acres in the Makua Valley, that expire in 2029. The Army recently announced it is preparing an environmental impact statement and is seeking public comments for its proposed retention of the training grounds. “We're sitting at the table right now. We got food out, we got everything out ready to talk. But they don't want to hear what we have to say.” - Nathan Routt, Malama Makua MAKUA VALLEY Image Courtesy of Earth Justice