Tuesday, May 8, 2012

Musings: Righting Wrongs


There's nothing quite like meandering down the road in that fresh, untouched time between night and day, our way lit by a white moon floating behind a thin luminous quilt, the ambient noise equal parts chirping crickets and crowing roosters, dogs getting their fill of sniffs, houses still dark. It helps me feel, for a time, that all is still right with the world.

A United Nations investigator is calling upon the U.S. to begin righting the wrongs it's perpetrated against indigenous peoples by returning some of the land stolen from American Indian tribes, and perhaps kanaka maoli as well. As The Guardian reported:

James Anaya, the UN special rapporteur on the rights of indigenous peoples said that in nearly two weeks of visiting Indian reservations, indigenous communities in Alaska and Hawaii, and Native Americans now living in cities, he encountered people who suffered a history of dispossession of their lands and resources, the breakdown of their societies and "numerous instances of outright brutality, all grounded on racial discrimination".

"It's a racial discrimination that they feel is both systemic and also specific instances of ongoing discrimination that is felt at the individual level," he said.

I was particularly struck by this observation, because it brought to mind the utterly abysmal coverage of kanaka maoli issues by Hawaii media, as well as the snarky remarks so often left in comments:

The idea that is often projected through the mainstream media and among public figures that indigenous peoples are either gone or as a group are insignificant or that they're out to get benefits in terms of handouts, or their communities and cultures are reduced to casinos, which are just flatly wrong."

Anaya is going to present a plan for land restoration in his final report to the UN human rights council in September. Of course, it's likely to meet stiff resistance considering that not one member of Congress would meet with him.

Meanwhile, as companies like Google, Facebook and Yahoo solidify their control over Internet users, they, in turn, become easier for the government to control. As CNET reports: 

The FBI is asking Internet companies not to oppose a controversial proposal that would require firms, including Microsoft, Facebook, Yahoo, and Google, to build in backdoors for government surveillance.

The FBI general counsel's office has drafted a proposed law that the bureau claims is the best solution: requiring that social-networking Web sites and providers of VoIP, instant messaging, and Web e-mail alter their code to ensure their products are wiretap-friendly.

The requirements apply only if a threshold of a certain number of users is exceeded, according to a second industry representative briefed on it.

Of course, this is all for own good, in the name of public safety and national security, and the Feds will never use it without the proper court orders. Uh huh. Ya right.

While we're on the issue of trust, Adam Asquith, the Ph.D.-holding taro farmer and biodiesel entrepreneur who is suing KIUC over smart meters, responded to the utility's recent guest editorial with his own letter:

The audacity of the KIUC Board of Directors, demeaning member concern and participation, pushes vexation into the sublime. In the end, you can only laugh at their hubris.

Other than some Third-World banana republic, what brand of elected leadership believes that the one and only input from constituents is on election day?

It is pathetic when our Board of Directors must stoop to belittling member efforts at communication, such as this letter, and offer only their own propaganda (e.g. Currents) as an alternative.

I've gotta say that I've heard a lot of people express similar sentiments, with the words “propaganda” and “condescending” most often used to describe the guest editorial. What KIUC critics most frequently tell me is they want a co-operative that is more, um, cooperative, as in let's sit down and figure this out together, as opposed to, butt out and let the elected board handle it.

At least one person is trying to get the County Council to weigh in on smart meters, as some California municipalities have done, but Chair Jay Furfaro wisely punted to the PUC. No sense the Council getting involved when it can't even do stuff that's squarely under its purview, like calling Prosecutor Shaylene Iseri-Carvalho back for questions before deciding whether to grant her budget increase or fund programs like POHAKU.

Speaking of which, the County Council has an executive session to discuss POHAKU tomorrow. It will be its second confidential briefing on the matter.

One of the biggest potential problems with the program focuses on the procurement process. As I reported on April 21, I found no record of a request for proposal (RFP) related to the POHAKU program, and no contracts for services related to the POHAKU program.

County procurements are governed by HRS 103D, which generally requires competitive bidding. Violations can carry misdemeanor charges.

So I sent an email to County spokeswoman Beth Tokioka asking, “Is the procurement issue involving POHAKU program being investigated by finance or referred to AGs office for investigation?” I got this response:

When the Purchasing Agency is made aware that there may have been a deviation from standard procedures, they generally initiate a discussion with the department involved to determine what actually happened and if corrective action needs to be taken.

In the case of POHAKU, the Purchasing Agency is in discussions with the Office of the Prosecuting Attorney to better understand any issues that may exist. Those discussions are ongoing at this time.


Finally, many thanks to those who offer me words of support and encouragement in comments and out in the community. 

32 comments:

Anonymous said...

No contract? No problem. Joan, you're like Jake Gittes in "Chinatown". Forget it, Joan, it's the County of Kauai. Corruption is the norm and hiding it is a favorite pastime.

Anonymous said...

I love my kanaka maoli friends and family but they've gotten a lot lately including $200 million dollar waterfront property in Honolulu which will surely become more valuable over time AND Bishop Estate has $10 Billion (Yes Billion with a "B") in assets. That's a lot for 10% of the population. The state needs to look at equality for ALL....foremost, those at the bottom of the economic ladder. Besides, many of them are already in high status state offices including our mayor Carvalho.

Anonymous said...

"but they've gotten a lot lately"

That attitude, in a nutshell, is what is wrong. What we have "gotten" lately is a tiny fraction of what was stolen, returned. As long as you view this from the perspective of manifest destiny saying its all yours until you and your population collectively decide to break off a crumb for the ungrateful, your moral compass is skewed. Rightfully, a lot more should be "returned" (not given), and, at a minimum, a better framework developed for sharing governance with the indigenous people who according to Congress, "never relinquished" their sovereignty or claim to the land, especially public lands. The UN Declaration envisions this shared governance with indigenous people.
A vote for KOLLAR is good in achieving this, as he has said that he will respect the UN Declaration, and abide by Court rulings regarding rights of indigenous people. It seems the current PA and KPD are appealing every court decision that enforces Kanaka rights.

Anonymous said...

I support manifest destiny.

"Giving back" is so wrong.

Anonymous said...

Joan, keep on asking the questions and posting!

Anonymous said...

Anon 10:58:

Mahalo for saying it well. Its amazing that people feel we"get" too much, even those that proclaim to be friends w/ Kanaka Maoli. I ask those who resent us for that delve alittle deeper into Hawaii's sordid history and never mind the sensational headlines recently about Kakaako which was brokered by OHA, a deal not supported by many Kanaka Maoli who don't trust in that state entity or in their representation. Kakaako was inhabited by mainly Kanaka Maoli who were "removed" from their fishing villages and relocated to Papakolea. Many more died and were buried there during the epidemics, thus the many 'iwi found during Wal Mart and Farmers Market development and more to come with rail. Justice is slow in coming and Kakaako is a drop in the bucket of what is needed to make things right. Kamehameha Schools is an alii trust, land belonging to Pauahi was dedicated in perpetuity by her to educate her people. This in no way satisfies an obligation by the US to right a wrong for their misdeeds.

Anonymous said...

Ugh another prosecutor's office garbage post. I used to enjoy reading your work but lately I can't stop rolling my eyes whenever I see a post that ingludes the words "prosecutor's office," "pohaku," or "Shaylene."

Find something better to report on. Seriously, you've made, i dunno, 5? 6? posts about whether POHAKU's services were properly outsourced and if the county is doing enough to look into it?

Ever think the county, other than Tim Bynum and Joann Yukimura, just doesn't give a shit? Like maybe they'd rather not waste the type of energy and resources to find out because it's just not that big of a deal?

Oh wait, you've got nothing better to talk about.

Anonymous said...

Violations of the law by the prosecutor - keep it up Joan, I don't always agree with you but that train wreck needs some sunlight.

Anonymous said...

Isn't it the full responsibility on the procurement office to ensure that all departments uphold the law?

Or is that the job of the county attorneys office too?

What is the legal process for ensuring complaince with procurement law or is it administrative policy?

Anonymous said...

If Pohaku is no big deal why is Shaylene clamming up? She won't answer questions without a lawyer. Isn't that what criminal suspects do? That alone tells you that this is a big deal.

Anonymous said...

1:08 PM Can't please all the people all the time. Some of us do care. Instead of trying to make Joan stop writing, why not read the parts of the blog that interest you and skip the rest? There are three other topics besides POHAKU today.

Or maybe you are part of the cover up?

Anonymous said...

"I love my kanaka maoli friends and family but they've gotten a lot lately including $200 million dollar waterfront property in Honolulu"

That wasn't a "give-away" it was for back-due money owed OHA by the state.

Anonymous said...

POHAKU= Pantomine Obstruction of Horrendous Apathy for Kauai's Ultimatum

We must stay together, Cause Together We Can commit White Collar and athe whole slew of other Crimes. We Run This Island, who is gonna tell us what we can and cannot do. Even if they tell us we committed crimes, who is gonna prosecute us, we run this place.

I do solemnly swear to faithfully execute my duties as a prosecutor and uphold the Constitution of the State of Hawaii and the Constitution of the United States of America. The ability to do and seek justice as a prosecutor to represent the interests of all people, which those accused of a crime and the victims.

Whatever happen to the oath that you swore to uphold: SHAYME ON U
Together We Can

Anonymous said...

Maybe the Mayor's Office and County Council wants to, and hopes others will too, look the other way when it comes to how Department Heads spend taxpayers' monies. The abusive spending of taxpayers' monies is probably rampant in all of the Departments from the Mayor's Office on down. This doesn't make it ok for Prosecutor, she should still be made to answer questions about Pohaku with or without an attorney by her side-wait, she is an attorney isn't she? Pretty fishy, if an attorney is lawyering up...

Anonymous said...

BULLSEYE: Winna Winna Kalua Pig Dinna, Smile Fo Da Cameras
O ko'u inoa KAUAI NO SHAYME

Anonymous said...

Anonymous 1:08pm-- errr, Shay, errr Jake Delaplane??? Quit tryna cover up. Dirty deeds will continue to be exposed. Mark my words. Promise.

KamaKele said...

Haha, yea such a big deal. next.

Anonymous said...

Shaylene is asking for 30 grand for an attorney to represent her. It's on today's Council agenda. She knows criminal law and she wants a lawyer so it must be serious.

Anonymous said...

Procurement is definitely a hot item and all departments should be re audited by REAL AUDITORS not family friends, retired employees and top contributors to the campaign.

Anonymous said...

Dig deep enough and you find dirt in anyone's closet. The only reason I'm paying part of that 30 grand is because people that want her out keep trying to make mountains out of molehills. This is a circus.

Anonymous said...

And Shaylene is the ringleader and Melfeasance is her clown. If this is a molehill she won't need a lawyer. Tell her ti waive her rights and come clean. Shaylene the councilwoman would be screaming if a department head asked for a lawyer to answer questions about a county funded program. Hypocrite.

Anonymous said...

Hayme, Shayme for MAYOR!

Anonymous said...

How is the Mayor spending our money, what kind of favor is he spending money on and who?

Anonymous said...

Follow the paper trail and you will see for yourself who is making the big dollas off of the tax payers on the no bid contracts. Certain companies get their pockets filled with outrageous rip off checks and find out who is getting the kick backs.
All these effers are in it together, effing crooks, how you rip off the people, you gotta act like you work for them.

Anonymous said...

They all in it together and the rookies are the prospects, thats why they call them good ol boys. Delaplane trying to save face in TGI, what a stunt that OPA #2 tried to pull, your the JOKE Delaplane. Everyone laughing at you not with you, even Shayme is laughing at what a good ol boy that you are.

Anonymous said...

She is not the ringleader but she is one of their ugly dogs, ready and willing to bite and bark at anyone that comes close to the POWER Families on Kauai.

Anonymous said...

Together they did

Anonymous said...

Yes they can

Nobody Dare to try and stop this madness, move along nothing to see.

"How Dare You". No Shayme - How Dare You:>(

Anonymous said...

POHAKU=Everythings Superficial and Unattended,FOGETABATIT

Anonymous said...

New bumper sticker:

SHAYME

Anonymous said...

Shaymel-a-lame-ding-dong.

Anonymous said...

NO SHAYME RAPE NO SHAYME MURDERS NO SHAYME ICE HOUSES NO SHAYME KFD FISHING BOAT NO SHAYME STEAL FROM FOODBANK NO SHAYME NO BID CONTRACTS NO SHAYME .......................NO SHAYME..........................NO SHAYME................... NO SHAYME...