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Ho'oulu Lāhui: Land, Economic Development, and Nation Rebuilding in Hawai'i

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Ho'oulu Lāhui: Land, Economic Development, and Nation Rebuilding in Hawai'i HO‘OULU LĀHUI: LAND, ECONOMIC DEVELOPMENT, AND NATION REBUILDING IN HAWAI‘I Nāpali Souza ‘Ohia A Periodic Publication of Ka Huli Ao Center for Excellence in Native Hawaiian Law Mahalo nui loa to Kamehameha Schools for supporting Ka Huli Ao’s Post-Juris Doctor Research Fellowship Program, which enables recent law graduates to conduct cutting-edge research and produce new scholarship on issues that impact Native Hawaiian law and the Native Hawaiian community. The Fellows’Acknowledgements papers are published as part of Publication of Ka Huli Ao Center for Excellence in Native Hawaiian Law. The name ‘Ohia was inspired by a line from a chant for Kalākaua: ‘ohia mai ā pau pono nā ‘ike kumu o Hawai‘i, gather up every bit of the basic knowledge of Hawai‘i. Green Logos for Hagadone Printing Company Ka Huli Ao Center for Excellence in Native Hawaiian Law is an academic center that promotes education, scholarship, community outreach and collaboration on issues of law, culture and justice for Native Hawaiians and other Pacific and Indigenous peoples. natureOce.com | US-180-313550 SAMPLE SAMPLE Carbon Neutral Logos NatureSAMPLE Inverse ‘Ohia: A Periodic (Should not use on light backgrounds.) 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Please consult with your sales representative for regulations and restrictions for the FSC logos and SAMPLE SAMPLE FSC LANDSCAPEFSC_100_LPBWPNC and NEGATIVE PNBW(LPBW) BLACK/WHITE:logos SAMPLEshould not beSAMPLE used on white backgrounds. FSC_MS_1_LNC FSC LANDSCAPEFSC_100_LPBW NEGATIVE(LPBW) BLACK/WHITE: FSC_MS_2_LPC_25FSC_MS_1_LNC FSC_MS_1_PNC FSC_MS_2_LPC_25 SAMPLE SAMPLE FSC_100_PNC FSC_MS_4_PPC FSC_100_PNBWFSC_MS_3_PPBW FSC_MS_1_PNBW * Logos are 19mm wide at 100% which is minimum size the(LNBW) logo can be used. Can be proportionately larger, but not smaller than 19mm. Logos must not be skewed. FSC_MS_2_PPBW_25 FSC_100_LNBW FSC_MS_2_PNC_25 FSC_100_LNBW (LNBW) FSC_MS_1_LPBW SAMPLE SAMPLE FSC_MS_5_PPC_25LNC and LNBW logos should not be used on white backgrounds. PNC and PNBW FSC_MS_1_PNClogos shouldFSC_MS_1_LPBW not be used on white backgrounds. FSC LANDSCAPE NEGATIVE COLOR: SAMPLE FSC_MS_4_PPBWFSC LANDSCAPE NEGATIVE COLOR: FSC_100_PNBW FSC_MS_1_PNBW FSC_MS_3_PPBW FSC_MS_2_PNC_25 FSC_MS_1_LNBW SAMPLE SAMPLE FSC_100_LNC FSC_MS_2_LPBW_25FSC_MS_1_LNBW FSC_100_LNC FSC_MS_2_LPBW_25 SAMPLE FSC_MS_4_PPBW FSC_MS_3_PNC FSC_MS_2_PNBW_25FSC_MS_1_LNC FSC_MS_5_PPBW_25FSC_MS_1_LNC FSC_MS_4_PNC FSC_MS_2_LNC_25 FSC_MS_2_LNC_25 HO‘OULU LĀHUI: LAND, ECONOMIC DEVELOPMENT, AND NATION REBUILDING IN HAWAI‘I Nāpali Souza ‘Ohia: A Periodic Publication of Ka Huli Ao Center for Excellence in Native Hawaiian Law HO‘oulu Lāhui:1 Land, Economic Development, and Nation Rebuilding in Hawai‘I Nāpali Souza2 I. Introduction II. Aloha ‘Āina A. Origins of Aloha ‘Āina B. Aloha ‘Āina in Practice C. Privatization of ‘Āina D. Reinstatement of Traditional Relationships E. Hawai‘i’s Modern Cultural Renaissance III. Developmental Underpinnings A. Ideological Challenges B. Cultural Fit C. Sovereignty IV. TAXation A. Internally Fragile B. Externally Vulnerable V. Economic Development A. Government Corporate Model B. Economic Development and ‘Āina 1. Institutional Economics 2. ‘Āina’s Rules of the Game C. Economic Entry Point VI. Conclusion 1 Ho‘oulu lāhui is a Hawaiian phrase that means “to increase and preserve the nation.” Mary Kawena Pukui & Samuel H. Elbert, Hawaiian Dictionary 341 (1st ed. 1971). 2 Post-Juris Doctor Research and Teaching Fellow, 2009–11, Ka Huli Ao Center for Excellence in Native Hawaiian Law, William S. Richardson School of Law, University of Hawai‘i at Mānoa. I. Introduction For Native Hawaiians, nation and land are bound in ways that go beyond spatial and political logistics. ‘Āina3 carries genealogical, ontological, and historical significance that upends classifications of it as simply prop- erty or assets. Beginning with mo‘olelo4 that speak of a direct kinship between Native Hawaiians and their natural surroundings and moving on to the contemporary political and legal battle over rights to and use of ‘āina, land is an enduring theme in Hawai‘i’s larger narrative. The principle of aloha ‘āina, which translates to mean “love of the land,”5 captures the revered position that land occupies in a Native Hawaiian worldview. Aloha ‘āina is often used interchangeably with environmental stewardship, but focusing on the idiom’s literal meaning ignores its rich etymology. The expression outgrew its pastoral subtext when it surfaced as a political pronouncement during the struggle over power in the 1890s. Anti-annexationists adopted the phrase under the banner of Hui Hawai‘i Aloha ‘Āina, an organization formed to protest the overthrow of the Hawaiian monarchy.6 Along with a sister organization for women, the group petitioned, protested, and lobbied for restoration of the crown.7 In this context, aloha ‘āina communicated a “resistance to loss of land, identity, culture, and political power.”8 This interpretation reemerged in the 1970s during Hawai‘i’s cultural renaissance, which renewed political activism in the Native Hawaiian community, particularly over matters concerning land.9 Attention and en- ergy coalesced around the island of Kaho‘olawe and the U.S. military’s use of it to stage combat exercises.10 Stories and memories of Kaho‘olawe’s history, preserved by kūpuna,11 gained wider exposure and revealed the island’s spiritual significance to the larger public.12 In light of these revelations, many saw the govern- ment’s occupation as desecration – a sacred island battered, stripped bare, and littered with shrapnel and unexploded ordnances.13 Out of the ensuing struggle to terminate the bombings, Kaho‘olawe emerged as a rallying point, triggering a groundswell of consciousness on issues of environmentalism, spirituality, ances- try, and sovereignty – all under the ethos of aloha ‘āina.14 Activism during the 1970s continued on to the present day in various forms, and those efforts bring Native Hawaiians ever closer to a mode of formal self-governance. With self-governance will come the 3 ‘Āina is the Hawaiian word for “land.” Id. at 10. Pukui & Elbert, supra note 1, at 10. ‘Āina and land are used inter- changeably throughout the article. 4 Mo‘olelo is the Hawaiian word for “story” or “tale.” Id. at 234. 5 Id. at 19. 6 Noenoe K. Silva, Aloha Betrayed: Native Hawaiian Resistance to American Colonialism 130 (2004). 7 See id. at 130-31. 8 Noenoe Silva, Translations of Articles from the Hawaiian Nationalist Newspaper Ke Aloha Aina, in 2 ‘Ōiwi: A Na- tive Hawaiian Journal 118, 119 (D. Māhealani Dudoit et al. eds., 2002). 9 See Davianna McGregor-Alegado, Hawaiians: Organizing in the 1970s, 7 Amerasia J. 29, 41 (1980). 10 Haunani-Kay Trask, Native Social Capital: The Case of Hawaiian Sovereignty and Ka Lahui Hawaii, 33 Pol’y Sci. 375, 376-77 (2000). 11 Kūpuna is plural for “grandparent” or “relative of the grandparent’s generation.” Pukui & Elbert, supra note 1, at 171. 12 See Pualani Kanaka‘ole Kanahele, Ke Au Lono i Kaho‘olawe, Ho‘i (The Era of Lono at Kaho‘olawe, Returned) 7 Manoa 152, 155-57 (1995). 13 See Davianna Pomaika‘i McGregor, Engaging Hawaiians in the Expansion of the U.S. Empire,
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