KULANI TRANSFER IS A VIOLATION OF THE LAW

PRESS STATEMENT

FOR IMMEDIATE RELEASE

Contacts:

Kat Brady, Coordinator

Community Alliance on Prisons

Office: (808) 533-3454

Nationwide cell: (808) 927-1214

Kyle Kajihiro, Program Director

AFSC Hawai’i

Office: (808) 988-6266

KULANI TRANSFER IS A VIOLATION OF THE LAW

Honolulu – Tuesday, November 9, 2010 – Last Thursday, November 4, 2010, the Lingle administration once again demonstrated their contempt for the laws of Hawai`i by holding a “Unifying Ceremony” at the now shuttered Kulani Prison during the appeals process challenging the Board of Land and Natural Resources’ (BLNR) vote to turn over public land to the military with no public discussion.

Community Alliance on Prisons; DMZ – Aloha `Aina Hawai`i, a network affiliated with the American Friends Service Committee; and Native Hawaiian lineal descendant, Michael Lee, have all submitted petitions for a contested case hearing on the transfer of Kulani Lands to the Department of Defense National Guard Youth ChalleNGe program.

“An appeal of the BLNR’s vote is somewhat like a court case, while the appeal is in play, everything stops. No further action can be taken until the matter is decided,” said Kat Brady, Coordinator of Community Alliance on Prisons.

“The Kulani prison site was created by an executive order that set aside the land for only one use – a prison.” said Kyle Kajihiro. “It was a shock to see the administration and the National Guard proceed with no regard for the law nor the appeals process.”

Kulani Prison was closed in November 2009, interrupting the most successful sex offender treatment program in the country and placing the community in danger since the program participants have not been receiving the treatment they need.

An informational briefing on the closure of Kulani held by the Senate Public Safety Committee on April 28, 2010 revealed flagrant violations of the law including the burning of 63 years of records in a pit with no authorization and in violation of EPA requirements and Hawai`i County’s ‘no burn ordinance’ in effect since 2008. Upon questioning, a Public Safety official blurted out, “We had to get rid of the evidence.”

The statutorily appointed Corrections Population Management Commission was not even consulted about the closure of this prison and the land was immediately turned over to DOD with no public input.

Kulani had a rich history that involved training those who violated the law to reenter the community as contributing citizens. It was the one facility in Hawai`i that had the kinds of outcomes we strive for today. The closure has overburdened the rest of Hawai`i’s correctional system and been a profitable decision for Corrections Corporation of America.

“The question remains,” asks Brady, “is the Lingle administration above the law? Our resounding answer is ‘No’ !”

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Use of former prison draws group's protest

Source: http://www.staradvertiser.com/news/20101009_use_of_former_prison_draws_groups_protest.html

Use of former prison draws group’s protest

By Leila Fujimori

POSTED: 01:30 a.m. HST, Oct 09, 2010

A community group that opposed the state’s shutdown of a Big Island prison is formally contesting the transfer of the Kulani Correctional Facility site to the Department of Defense for the National Guard’s Youth Challenge program.

“The board (Board of Land and Natural Resources) didn’t do their due diligence,” said Kat Brady, coordinator of the Community Alliance on Prisons.

The group questions whether the Land Board overstepped its bounds by turning the land over to the Defense Department — in effect, canceling Executive Order 1225, which established its use as a prison. This action was taken without a formal document from the governor withdrawing the executive order, the petition said.

Community Alliance filed on Sept. 20 a request for a triallike hearing to contest the board’s Sept. 9 decision.

A hearing officer will assist the board in determining whether the group has any standing to bring a contested-case hearing before it. There is no timetable on when the board must rule.

Brady’s group opposed the shuttering of the facility, alleging the Department of Public Safety gradually decreased the number of inmates being sent to Kulani, resulting in its population shrinking from 200-plus inmates to 120 to help justify the decision. “What it looked like is it inflates operating costs,” she said.

With only 120 prisoners, Public Safety Director Clayton Frank cited the per-inmate cost at $110. A comparable Oahu low-security prison costs $65.

“The Department of Defense has had the keys since Nov. 20, 2009,” Brady said. “I don’t know what went on behind closed doors, but they were not ready to do anything with it.”

Frank said, “When the budget was spiraling downwards last year,” the department looked at the closure of Kulani, and the Defense Department contacted Public Safety about acquiring it.

Brady said Land Board Chairwoman Laura Thielen said at the Sept. 9 hearing that Kulani sits in the middle of a pristine rain forest.

“Then why just hand it over?” Brady asked. “They transferred the land to the state’s largest polluter. It’s a dangerous door to open.”

The board and its chairwoman would not comment on the petition, Ward said.

Brady said by transferring the land to the Defense Department, the board forecloses the option of reopening the prison or any other alternatives.

Hawaii National Guard spokesman Lt. Col. Chuck Anthony said the Guard requires an existing, nearly turnkey facility to start up a new Youth Challenge campus.

He said transfers from one state agency to another are nothing unusual, and there was never any intent to use the facility for anything other than the youth program.

“We gave our word,” Anthony said. “There are no plans to do anything other than the Youth Challenge Academy.” To do anything other than that would require going before the board again, he said.

After public opposition, the Defense Department quickly pulled its request to also use the prison site for military training. But it was simply a way of maximizing the use of that facility and not the primary purpose, Anthony said.

Group challenges decision on Kulani

http://www.hawaiitribune-herald.com/articles/2010/09/24/local_news/local04.txt

Group challenges decision on Kulani

by Peter Sur
Tribune-Herald Staff Writer

Published: Friday, September 24, 2010 10:44 AM HST

An advocacy group is challenging the state land board’s decision earlier this month transferring Kulani lands and the former Kulani Correctional Facility to the state Department of Defense.

Kat Brady, representing the Honolulu-based Community Alliance on Prisons, and two other individuals requested a contested case hearing during the Sept. 9 meeting of the Board of Land and Natural Resources.

At issue was a request by the state to “approve of and recommend to the governor” that she cancel the executive orders and transfer the lands so they could be used for the Youth ChalleNGe Academy (a program for at-risk teens and young adults) and also for the Hawaii Army National Guard for training purposes.
READ MORE

Military trained at Kulani for more than 10 years

The Honolulu Star Advertiser published an article about the Board of Land and Natural Resources decision to transfer land to the State of Hawai’i Department of Defense for an Army National Guard Youth ChalleNGe Academy. The article is mostly a puff piece for the Youth ChallenNGe Academy. However, what the article reported about the military training is interesting:

The National Guard had proposed using a former boys school at Kulani for urban warfare training, building a pistol range, conducting company-size and lower-level training along roadways and in a pasture area, and developing helicopter landing zones in the pasture and near the camp, according to state documents.

However, some residents opposed what was termed the “militarization” of the land.

Hilo resident Cory Harden was among those who opposed the military training at Kulani.

“They are going to expand that natural area, the reserve, and military use is not compatible with trying to preserve these endangered animals,” Harden said.

The Guard’s Anthony said Hawaii Guard soldiers already had been using the Kulani grounds for more than a decade for urban training, but that will cease.

The land at Kulani was set aside by an executive order for the exclusive purpose of operating a prison. The admission that military training had gone on for more than ten years is evidence of violations of the executive order.

Three parties requested contested case hearings to challenge the BNLR’s decision, including DMZ-Hawai’i / Aloha ‘Aina.

OHA ‘drops the ball’ in protecting cultural sites from Stryker brigade

The Hawaii Independent has published an exclusive article about a formerly secret archaeological and cultural report contracted jointly by the Army and the Office of Hawaiian Affairs (OHA) for areas affected by the Army’s Stryker Brigade expansion. The article states:

The report, written by independently contracted archaeologist Christopher Monahan, comments on the Army’s numerous shortcomings in its attempts at documenting cultural sites, which, if included on the National Register of Historic Places, offers them various protections from being disturbed.

The report was the end result of a lawsuit OHA filed against the Army in November 2006 alleging violations against the NHPA and the Native American Graves Protection and Repatriation Act (NAGPRA). Cultural monitors claimed that numerous sites were being mistreated or were endangered, including Haleauau heiau near Schofield Barracks, whose protective buffers were razed by bulldozers in July of that year.

In October 2008, a settlement was reached where OHA would drop its lawsuit based on its then knowledge of the existing surveys and reports. In return, the Army allowed the independently contracted archaeologist, Monahan, as well as OHA staff, access to Stryker Brigade sites for a total of 50 days in order to draw up an objective second opinion. OHA had the option then to proceed with mediation or litigation based on the new findings.

The article describes some of the findings and conclusions in the archaeologist’s report:

Monahan is critical of the methods used in the previous surveys conducted by the military and its hired firms, recognizing there are issues with the competency of the field personnel involved. It also notes a general lack of subsurface testing, or excavating, to locate such sites. Instead, there are “mere guesses … and based on relatively little scientific data.”

At some locations, Monahan’s findings more than doubled the number of known features the Army had previously reported.

There is also concern regarding numerous earlier reports—ones that evaluated surveys taken of impacted areas—that were not made available to him because they were in draft form. Most problematic was a major report on the Kahuku Training Area, which was completed six years ago but is still not available.

The Army is systematically erasing the history and sacred places in Lihu’e, Kahuku, Pohakuloa and the other areas impacted by its Stryker Brigade expansion. The report by an independent archaeologist blasts the Army for numerous violations and failings and calls for protection of the vast and important cultural site complex in Lihu’e, O’ahu, once the ancient seat of government for O’ahu chiefs. Meanwhile OHA sat on this urgent information.

READ THE FULL ARTICLE HERE

DOWNLOAD THE MONAHAN REPORT HERE

Army tries, but fails to pacify Native Hawaiians in Makua, Lihu'e and Pohakuloa

http://www.armytimes.com/news/2010/06/ap_army_hawaii_native_ties_062010/

Army seeks better ties with Native Hawaiians

By Audrey McAvoy – The Associated Press

Posted : Sunday Jun 20, 2010 14:14:17 EDT

HONOLULU — The people of Waianae believe the first Hawaiians were created in Makua, a lush valley about 30 miles from downtown Honolulu. The valley is also home to three large heiau, or ancient stone platforms used for worship. So it’s no surprise many Native Hawaiians consider the valley to be sacred.

The Army, though, sees Makua as a prime spot for soldiers to practice firing live ammunition.

These widely divergent perspectives illustrate the gulf between the Army and Hawaiians that have contributed to an often antagonistic and deeply distrustful relationship between the two.

Now the Army is trying to narrow the gap. In a series of firsts, the Army Garrison Hawaii commander hired a liaison for Hawaiian issues, formed a council of Hawaiians to advise him, and brought Army and Hawaiian leaders together to sign a covenant in which both sides vowed to respect and understand one another.

“Instead of going back and rehashing the past, I’m trying to make a fresh start, trying to make that relationship positive, make things better down the line,” said Col. Matthew Margotta.

But the Army did not invite several Hawaiians embroiled in ongoing disputes with the Army to join the council or sign the covenant, prompting critics to question how effective these initiatives will be.

“You want to work together but you only want to work with people who don’t disagree with you. How good is that?” said William Aila, whose uncle was ousted from Makua during World War II and who is fighting for the Army to return the valley.

The military took control of Makua in 1943 when Hawaii was under wartime martial law. Authorities told residents to leave, and the Army and Navy began using the valley for bombing practice.

The explosions damaged homes and the community’s church and cemetery. Interviews for a 1998 oral history commissioned by the Navy showed residents were embittered by the destruction and the takeover that severed their families, who had once fished and farmed in Makua, from the land.

Today the Army still controls Makua under a lease with the state that expires in 2029.

In recent years, the Army and Hawaiians have clashed over the Army’s restrictions on access to sites in the valley. The Army cites safety for the limits, although Hawaiians say they’ve long visited these sites and understand the risks.

Hawaiian anger also mounted in 2003 when the Army’s planned burn of brush raged out of control and scorched more than half of the 7-square-mile valley.

Elsewhere in the islands, Hawaiians and the Army have butted heads over the appropriate use of lands at Schofield Barracks, which is home to several thousand soldiers in the 25th Infantry Division, and Pohakuloa Training Area on the Big Island.

Last month, several Hawaiians objected when an army contractor leveling land for a new Schofield training ground unearthed an ancient bone fragment. They had opposed the construction of the training ground precisely because they feared human remains would be found if the soil was disturbed.

Hawaiian tradition says bones must stay in the ground until they’re dissolved so the deceased can complete his or her journey to the afterlife.

Margotta says the covenant, signed in March, will contribute to better relations by committing future commanders to partner and cooperate with Hawaiians. This should impose some consistency even as leaders rotate posts every two to three years.

“There’s been commanders out there who have embraced the Hawaiian community and partnered with them and worked with them. And there have been others who have been not so inclined,” Margotta said. “We wanted to codify it for successive generations.”

Col. Douglas Mulbury, who took over from Margotta in a change of command ceremony last week, agrees with the initiatives and hopes to build on them, spokesman Loran Doane said.

Neil Hannahs, the director for the land assets division of Kamehameha Schools, said the council and covenant may help ameliorate conflict by spurring dialogue.

“Let’s just get together and talk before we’re at a point of crisis and conflict,” Hannahs said.

Hannahs is on the advisory council. He also signed the covenant, although as an individual and not as representative of Kamehameha Schools, an education institution and trust established by the will of a 19th century Hawaiian princess.

Aila isn’t optimistic. He wasn’t invited to join the advisory council or to sign the covenant even though he has long clashed with the Army over access to Makua and, more recently, the treatment of human remains found at Schofield last month.

“It’s great for PR,” he said, “to give the impression that things are hunky-dory here in Hawaii. But it doesn’t reflect the reality on the ground.”

The Army would do more to improve relations by leaving Makua, Aila said. He argues soldiers can train elsewhere.

Annelle Amaral, the Hawaiian liaison for Army Garrison Hawaii, said she didn’t invite people to join the council who have “site specific” concerns. She instead gathered Hawaiians who represent fields including education, business, and religion.

She denied the council omitted people who disagree with the Army, noting it includes Rev. Kaleo Patterson. The minister has vocally opposed ballistic missile testing on Kauai and pushed for the “decolonization and total independence” of Hawaii.

For some Hawaiians, the covenant fails to address the fundamental problem as they see it: the Army is part of an illegal occupation that began when U.S. businessmen, supported by U.S. Marines, overthrew Hawaii’s queen in 1893.

“Instead of having a covenant that sort of says you know ‘we promise to be really nice and do our best to protect sacred places,’ I’d rather get a timetable for when they’ll actually stop and leave us,” said Jonathan Osorio, a University of Hawaii professor of Hawaiian studies.

Hawai'i vigil in solidarity with Okinawa

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P4250189

Photos: Jamie Oshiro, Hawai’i Okinawa Alliance

Yesterday, in solidarity with the 90,000+ Okinawans who rallied against U.S. military bases in Okinawa, the Hawai’i-Okinawa Alliance (HOA), the American Friends Service Committee – Hawai’i and DMZ-Hawai’i / Aloha ‘Aina organized a vigil in front of the Japanese Consulate in Honolulu.

Approximately 40 people held signs and candles in front of the Japanese Consulate. Ukwanshin Kabudan, Nakem Youth, Fight for Guahan, Veterans for Peace and Urban Babaylan were some of the groups represented.

10.4 oki dugong 10.4 oki k&y 10.4 oki jo my bk ng jaPhotos: Darlene Rodrigues

People spoke about the impacts of U.S. military bases in Hawai’i, Guam, Korea, and the Philippines and the need for our peoples to be in solidarity for the removal of these bases of war. Wearing a “Deji-wajiwaji!” HOA tee-shirt, World War II Veteran Don Matsuda called for the bases to get out of Okinawa. Kisha Borja-Kicho’cho’ with a contingent from Fight for Guahan expressed solidarity from the Chamoru community in their struggle to resist the U.S. military base expansion on her home island. Many speakers expressed a desire to remove the oppressive military bases and make the Pacific a zone of peace. Several people came after seeing coverage of the event on the television. For some it was their first demonstration.

10.4 oki norman Photo: Jeffrey Acido

Norman Kaneshiro sensei and several young Okinawan musicians sang traditional Okinawan songs. We closed the circle with singing “Hana” (Kina Shoukichi’s famous peace anthem).

10.4 oki ribbons 10.4 oki candle Photos: Darlene Rodrigues

Then we tied yellow ribbons with messages of peace written on them on the consulate fence.

The event was covered on KITV and KHNL television stations, and there reporters for the Okinawa Times and Ryukyu Shimpo covered the event.

Pacific activists link up against buildup

http://mvguam.com/index.php?option=com_content&view=article&id=11059%3A-regions-activists-link-up-against-buildup&Itemid=11

Region’s activists link up against buildup

Tuesday, 23 February 2010 03:08 by Mar-Vic Cagurangan | Variety News Staff

ACTIVISTS from Guam and the CNMI, joined by their supporters from Okinawa and Hawaii, are holding a protest rally today at the front gate of Pacific Command Headquarters at Camp Smith in ‘Aiea, Oahu, to oppose the military expansion in the Marianas.

Joining the Guam and CNMI groups are students from Okinawa and members of the American Friends Service Committee and DMZ Hawai’i/Aloha ‘Ain.

“The grassroots voices of our people are being ignored by the military, U.S. politicians and the mainstream media,” said Kisha Borja-Kicho’cho’, a University of Hawai’i student and a coordinator for the local organization “Fight for Guahan.”

“So, we came to deliver a message directly to the Commander of the U.S. military in the Pacific that we, the peoples of Guahan, the Northern Marianas, Okinawa and Hawai‘i reject any further military build up in the Pacific. Our islands are not weapons to be used in wars against other peoples and countries. We demand peace,” she added.

Dr. Hope Cristobal, criticized the Department of Defense’s plan to take over 40 percent of Guam, where citizens are excluded from voting in national elections.

Retired U.S. Army Reserve Colonel Ann Wright said that across the Pacific, including in Okinawa, Guam and Hawai‘I, people are opposing the military expansion in the region.

“We want Admiral Willard to hear this: No means no. When you force yourself on someone against their will, it’s called rape-rape of the people, the culture and the land. We Americans must stop our government’s military expansion in the Pacific,” Wright said.

AFSC Hawai‘i program director Kyle Kajihiro said Okinawa has been presented with false options.

“Removing bases and troops from Okinawa, does not require moving them to Guam or Hawai‘i. The military can reduce its overall footprint in the Pacific,” he said. “Clean up and give back the lands taken from the peoples in Okinawa, Guam and Hawai‘i.”

When President Obama visits Guam in March, activists will present him a petition telling him that islanders do not want more military in the Mariana Islands.

Makua panel to air on 'Olelo

ALOHA  this OHA/OLELO production will be shown on Thursday(s) February 17 and 24th at 7:00 p.m. on Channel 53.  You may also pick up the program by going to www.olelo.org a couple of minutes before airtime and clicking on Channel 53.

OHA #158

FEBRUARY 12, 2010

MALAMA MAKUA – LIVE FIRE OVER MAKUA VALLEY

Fred Dodge, Malama Makua

Sparky Rodrigues, Malama Makua

David Henkin, Staff Attorney, Earthjustice

Moderator:  Lynette Cruz, Assistant Professor of Anthropology, Hawaii Pacific University

Citizens ask why the Army Need Makua.

Live-fire over Makua valley

As the Honolulu Weekly reported below, the community turned out to protest the Army’s plan to establish an Asia-Pacific Fusion Counter-IED center at Makua.   Like a pimp, the Army is soliciting other countries to use and abuse Makua.  Stars and Stripes reported that in Thailand during “Cobra Gold” joint military exercises, “U.S. Army Pacific officials briefed the Thai brass on a new Asia-Pacific Fusion Counter-IED Center now starting up in Hawaii.”   Time for the Army to get out of Makua.

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http://honoluluweekly.com/feature/2010/02/live-fire-over-the-valley/

Live-fire over the valley

Citizens ask why the Army needs Mākua at all

Chris Nishijima
Feb 10, 2010

Development

Image: Chris Nishijima

Tension was high at the Waianae Neighborhood Community Center as Waianae Neighborhood Board Chair Jo Jordan opened the Feb. 2 meeting by leading a restive crowd in Hawaii Ponoi. When the song reached its traditional conclusion and most of the room started to sit, many in attendance carried on through the deeper verses of King David Kalakaua’s national anthem.

Before the meeting, Jordan offered condolences to the family and friends of her fellow board member, Michael Anderson, who died during a hiking accident the previous week. Anderson’s empty chair set a somber tone, as did the main business of the evening–the Army’s presence in Makua Valley.

Makua Valley spans more than 4,190 acres and has been the site of military training since World War II. In recent years, Native Hawaiians and environmentalists have been pressing the Army to reduce its impact in Makua, and to halt live-fire training in particular.

“Makua is a want of the Army, not a need,” said William Aila Jr., a Hawaiian cultural practitioner who is active in the community’s attempts to reduce the Army’s presence in the valley. Aila points out that the Army has not trained in Makua at any point during the past five years.

“This is the greatest indication that they don’t need Makua,” he said. “It is a need of the community.”

Others echoed Aila’s concerns, and said that the Army is not properly respecting the area as a sacred part of Hawaiian heritage.

But Army officials insist they understand the community’s concerns.

“We are not some big evil organization,” said Col. Matt Margotta, who represented the Army’s 25th Infantry Division. “We are attempting to better understand the Hawaii community.”

Margotta explained that Makua provides a unique setting which allows the Army to simulate a war zone without taking soldiers stationed on Oahu away from their families for an extended period of time. Margotta also pointed to ways in which the Army’s presence has helped improve the community. He said that the military has spent some $7 million toward repairing roads and $10 million toward protecting Hawaii’s endangered species, 41 of which can be found in Makua Valley.

“The Army recognizes that we have an impact on the community,” he said, “We are trying to change that.”

But many of those in attendance were not satisfied, and voiced concerns over the military turning the area into what they said amounts to a munitions trash heap.

“What you need to do is go back to Kahoolawe and clean it up!” said Shirley Nahoopii of Waianae. “You have not fulfilled your promise to clean up there after you were finished with it! Is Makua going to end up the same way?”

Concerns about the dangers of unexploded ordnances, or UXOs, left over from Army training are widespread in areas surrounding the Makua Valley. That’s why Apple, Inc., is donating more than 300 Apple MacBook computers, each equipped with a unique question-and-answer system, to select public schools.

“The students will be required to answer one question regarding UXOs before signing in,” said Tom Burke of the Hawaii Veteran’s Society, who announced the program at the meeting.

Despite these efforts, some found the program itself, which features a caricatured version of a Native Hawaiian, to be controversial.

“If this is a native, I think it is rather tasteless,” said Johnnie-Mae Perry, a member of the board.

The Army has yet to release a date to resume training in Makua. Another meeting with representatives of the 25th Infantry will announced by the Waianae Coast Neighborhood Board within 60 days.

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