On September 27, 2018 Kenneth R. Conklin, Ph.D. submitted testimony of 18 pages regarding proposed regulations for “Public and Commercial Activities on Mauna Kea Lands.” Conklin explains 4 fundamental principles of unity and equality, and applies them to criticize and improve the proposed regulations. Conklin’s complete testimony is at
https://tinyurl.com/y8vse4k2

Here are four fundamental principles for all issues related to Hawaiian sovereignty, which are also helpful for analyzing the proposed rules for Mauna Kea:
1. We are all equal in the eyes of God regardless of race.
2. All people, regardless of race, should be treated equally under the law by our government.
3. Unity with America: Hawaii is in fact the 50th State of the USA, whose laws rightfully have jurisdiction here.
4. Unity of Hawaii: The people and lands of Hawaii should remain unified under the single sovereignty of the State of Hawaii, and should not be divided along racial lines.

Two obvious conclusions for Mauna Kea rule-making can be derived from those fundamental principles. Many proposed rules should be improved to reflect these two conclusions. These conclusions motivate and underlie all the comments I have made about specific proposed rules.
(A) Every rule should apply equally to people of all races; there should be no racial set-asides or special privileges.
(B) If rule-makers believe Article 12 Section 7 of the Hawaii Constitution requires certain rights to be granted to one particular racial group, then the best way to fulfill that requirement is to grant those same rights to all Hawaii’s people regardless of race. There is legal precedent that a law requiring benefits for one racial group can be satisfied by granting those benefits to all persons regardless of race. Furthermore, the Aloha Spirit and the need for pono require such inclusiveness rather than racial exclusion.

Proposed rules for Mauna Kea analyzed by applying those principles and conclusions include the following topics:
*Mandatory orientation program for visitors;
*Fees charged to visitors;
*Traditional and customary rights of Native Hawaiians;
*Snowplay;
*Burials and scattering of cremated remains;
*Interference with government function;
*Racial set-asides or preferences;
*Access for religious or cultural purposes;
*Demographic characteristics of employees, volunteers, visitors deemed irrelevant

Conklin’s complete testimony is at
https://tinyurl.com/y8vse4k2

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