 Aloha and welcome to Cooper Union, what's happening with human rights around our world. We are commemorating the Universal Declaration of Human Rights this week with our focus today on water is life, sacred jobs for our future. Water is a human rights in Hawaii. Very fortunate to be here with Marty Townsend, the former executive director of Sierra Club, to focus on this important issue. Marty, thank you for joining us today. Thank you very much for having me. We think it's really important to be looking at water because of course it's historical role in our host culture here in Hawaii, but it's also been important throughout the development of international human rights as well as sustainable development. The article 25 of the UDHR covers a wide range of rights, and that includes adequate food, water, sanitation, clothing, housing, medical care, as well as social protection, covering situation beyond one's control. So when the Universal Declaration of Human Rights was adopted on December 10, article 25 really did point out of course what every indigenous culture has always known, that water is life and water is a right that we all need. It took a while for the world to catch on on 28 July 2010. Resolution 64, backslash 292, the UN General Assembly explicitly recognized the human rights to water, and that was based on the Cochabamba campaign by countries such as Bolivia and in the south where there's that move towards privatization. And most recently, the UN Sustainable Development Goals or 17 Global Goals, SDG number six is the right to clean water. So we now see it really becoming common language, but we know you've been working on this issue in Hawaii for a long time. Can you share why water is so important as we go forward? Well, I mean, water is so important because it's the fundamental building block of life. There is no nothing. There's nothing without water. So our constitution recognizes our right to access to clean water and our right to an access to clean environment. And this is, you know, concepts that Hawaii pulled forward from, you know, generations of Konohiki who, you know, manage their resources in a way that served everyone's collective best interests. And, you know, we strive to achieve that now, at least in words, right? We have lots of, you know, proclamations, and we have state laws as well as our constitution, regulations that are all designed to protect the environment. And the challenge for us now is to live up to our promises and actually do what we say we're going to do. And that's partly what I have been doing with my career is holding government officials accountable to making sure that they actually do what we say we were going to do in terms of protecting our environment, especially our water supply. Yes, you make it sound so simple, but it's absolutely right. When it is the essence of life and everything we need, how could we ever threaten it? How could we not hold it up to such a high protection rate? It is alarming that we have to spend our careers to actually promote and protect water rights when we know that if anything happens to that, it really does jeopardize not only global justice issues, but life itself. Yeah, there is no economy. There are no jobs. There is no money if there is no water. So we got to get our priorities straight. And, you know, it's unfortunate because because our environment is so resilient, because Indigenous people are so resilient. Oftentimes, they are their interests are undermined, right? Our environment is contaminated, public health is jeopardized, but somehow they manage through and the powers that be pointed at and say, well, you know, we can, you know, it's not that bad, right? Like there was this, you know, I'm so sorry you experienced this horrible catastrophe, but it wasn't that bad and you survived and we're just going to carry on with business as usual. I think we're finally to a point in our society at least locally where people are really questioning business as usual as an approach to life going forward. And I think that's, that's what's most exciting to me is that people are really starting to question like some of the basics of how we structure society such that we don't actually take care of people. We don't protect our basic best interests because of some, you know, magical framing of people who want to exploit us in some way. And I think Redhill is one of those crystallizing issues that helps people to really see what's going on. It's true. When you look at it, we really can see sort of with the COVID pandemic, a lot of the messages that people were organizing in different movements, we're really able to get out because everyone stopped just the usual go every day practices. And then for a second said what really matters most. And then that point, oh yeah, water. Oh my goodness, clean air. Wow. Land that's not poisoned. These are the things that we actually have to have. And of course, that was the prism of the philosophy for Kanaka Mali and Indigenous peoples around the planet. It was always seen with protocol to take care of the environment that if you take care of the China, it will take care of you and understanding that that relationship, that kindred relationship where we're all one, instead of it just being something you think about April 22nd when that day rolls around and people want to send around hallmark cards. So I really think what you're addressing is absolutely crucial. And really water is a human right. And if we concentrate on water being sacred in a center for our common future, and we commemorate its inclusion in the Constitution here in Hawaii, but also the global awareness, then we can see what's possible. And I think Standing Rock probably did a really good job at challenging the militarization of people just standing up to say you wouldn't put this pipe under a town where white people live, but you will put it under the only aquifer that provides all the water for Indigenous peoples, even violating a treaty from the 19th century. And so Standing Rock really got it out that water is like, maybe you could expand on that and some of the exciting work that you've been doing around that as well. Well, unfortunately, I didn't have the opportunity to go to Standing Rock, but it's very, very inspired by all of the work that so many people did and the strong connections that were built between advocates here in the Hawaiian Islands and there at Standing Rock. And I really encourage you in the future to try to connect more with those people, because there's a lot to learn there and it's very inspiring. And yeah, I mean, we just took the good ideas that came out of that convening and ran with them. And so in my time at the Sierra Club and other organizations I worked for, we advocated for the restoration of streams because streams are the lifeblood of communities and the streams in Hawaii were diverted for sugar plantations. It was one of the strong prongs on the multi-prong attack to overthrow Hawaii. By taking the water from the communities, they could no longer be self-sufficient. People had to move from rural communities, they could no longer farm taro, could no longer gather from streams like they once did. And so trying to get those streams restored now is an effort to try to rectify some of the long-standing injustices from the overthrow. And then compounding to that you have a situation like Red Hill where at statehood, the federal government looked at the inventory of land in Hawaii and said, we're going to keep this and this and this and Red Hill was one of them. And they said, we're going to use this fuel depot forever and ever. This fuel depot was built originally in the 1940s after the Pearl Harbor attack and was meant to be temporary, top secret and temporary. And you can tell that from the design. But unfortunately, once you have a good thing going, then no one tells you no, the Navy just kept up with it. And so here we are now living with 80-year-olds tanks. I mean, the steel that was used to build the Red Hill tanks, same age as the steel on the USS Arizona. So we are, think about that. Would you feel safe riding in a boat built with steel that settled? That's what's holding all of that fuel above our aquifer. There are 20 tanks, 18 are considered operation. They can hold up to 250 million gallons total. They're 100 feet above the aquifer. There is no barrier between the fuel tank and the ground. And the ground is rock. It's not dirt. So there's no remediating fuel once it gets into the ground. We just wait for it to percolate down through rainfall into the aquifer below. And I think that's what we are experiencing right now, that we've had a series of leaks since 2014 that were not insignificant. And it has taken a little bit of time. And now we're seeing the consequences of those leaks showing up as fuel in the drinking water supply for residents and military housing. And it's just like how the irony is not lost, I mean, like how rich is it that here we are in December 7th, honoring the sacrifice of so many people and the bombing of Pearl Harbor. And at the same time, the Navy has no qualms in contaminating the water of its own people, its dependents, its service people. It's outrageous. And it's not just the Navy's water supply. It's the same water supply for the people of Oahu. Yeah, so 400,000 residents rely on this aquifer from Halawa to, you know, the tip of Hawaii, all of those people drink water from this aquifer. All of the streams that you know of are fed by this aquifer in that district. All of the beaches in that district are also serviced by this aquifer. So if fuel gets in this aquifer in a significant way, we risk not only the future of our drinking water supply, but also the health of our streams in urban Honolulu and risk fouling our beaches as well, because the fuel will eventually percolate up in the near shore waters. So there is a lot at risk here. And when you describe it that way, you could almost put it on a map. That would get so many people. So what has always been amazing to me is I know you've been working on this issue for so long. And it is ironic, of course, on December 7th now that the Department of Navy is out here to commemorate the 80th bombing of Pearl Harbor, but has to now do with these issues that we've been asking people to deal with for a very long time. And it's one of prevention. Harm doesn't happen. So no one's water would be contaminated. And it seems the sad part about at least military and certain leadership that we only can take action after something bad has happened. And what we're calling for here and what you were working on for at least a decade is let's take action today to make sure that this top secret temporary doesn't really cause human harm. That's irreversible that will have huge consequences on the health, but also the environment in every aspect of our lives. Yeah, I mean, it's really quite sad that in order to get anything significant done in the state of Hawaii requires first a major disaster where people are actually harmed before politicians feel the courage to actually do something. I am looking at the parade of elected and appointed officials who are now calling for, you know, serious action on Red Hill. And these are the same exact people who were obstacles to trying to remedy the Red Hill situation before it became a disaster. Yeah, it's really quite disheartening. But I'm glad that people are, you know, building awareness around this and are standing up for themselves. I am glad to see that the governor has taken a position to direct the Navy to drain the fuel tanks in a safe way. And he's given him plenty of time to do that. The executive order that was just issued chastises the Navy for their handling of Red Hill, you know, consistently turning in reports late assessments late, doing assessments in a poor fashion such that they have to be redone to draw things out. And then misleading regulators and, you know, not being completely forthcoming. We saw that in the Contessa case hearing. And then specifically directing them to figure out how to treat the water, remediate the contamination and train the fuel tanks. And they're not allowed to refuel the tanks until the Department of Health finds that the tanks are protective of human health and the environment. And I'm of the school of thought that they can't prove that. So, I think, you know, it's I'm a little concerned because I'm hearing from Navy officials that they are saying they will consider this a request and not an order. And I think it's very important that the constituency, the people of Hawaii are the residents back up the governor here in the Department of Health and make it very clear that our full expectation is that the Navy will comply. It is an order, both state law and federal law regarding underground storage tanks authorize the governor to direct the Navy's actions. This is part of the federalism deal that the U.S. worked out with the state of Hawaii. And we're coming to collect receipts now, like it is time for them to follow through on this. And yeah, I think, you know, we've seen in the past with other issues of major public concern that when it really came down to it and the politicians needed help with their spinal cord, the public was there to back them up, right, to block the road, to block the boat, to stand in the way. And, you know, if it comes to that, I think people are fully ready to do that to protect their water. That's a great point. It is true. It's about the decolonization, the decarbonization, the demilitarization of really, it always has been people power that has been the force for the future that then allowed action to take place. And we can look at that throughout from, I mean, I just saw the new movie, Hawaiian Soul. I'm not sure if you're able to see that. But, you know, it was a great short, but it was, you know, it showed a young George Helm feeling his toe shake when the bombs would be dropped on Koholave. And it's the same mentality that we can bomb and destroy and not understand or think about what that would do. And we can look at Koholave and see how we destroyed the water there. And we can look at what you've been working on earlier to try to warn the world about this could happen. And even coming up with some measures to at least not allow it to get to the point where we already see now where people have to do water collection for dependent families that dogs are sick, that babies have rashes, like all the things that you were warning for a long time are now happening. And now we have to do something more to make sure that it's not spread even beyond to all of those areas of our island that you're describing. Yeah, yeah. And it's, yeah, it is we are slowly slipping into the worst case scenario. And there's still an opportunity to prevent the absolute worst from happening. But that window is quickly closing. And we need to hurry up and get these tanks drained. So I think it's really important for the public to stay engaged. The way the executive order is written, it gives the Navy 30 days to come up with a plan to safely defuel the fuel tanks. And the reason why we have to think about this is because the pipes are as old as the tanks themselves, and they are not lined either. And they are just as much risk of exploding and leaking as the tanks themselves. So they really need to figure out how they're going to do this in a way that doesn't exacerbate the problem. And then the Department of Health has an open window of time to approve that plan. And it's really important for the public to stay engaged so that when these deadlines come up, they don't pass without us knowing, right? We want to make sure that we are on it and watching and the Navy delivers by the deadline. The Red Hill Fuel Tanks are recognized as a direct risk and inherent danger to this aquifer that the Navy has continuously leaked fuel from this facility. Like from day one, this thing has leaked. And they can't remediate any of it. And their safety measures and reporting protocols were just not up to snuff to minimize the risk sufficiently. I mean, all of those facts from 2014 still apply today. And now we actually have studies that show that the Navy did a risk assessment. This was one of the requirements of the previous enforcement action that the Department of Health imposed on the Navy. And the risk assessment found that there is a very high likelihood that over any 10-year period, a significant leak would happen. 90% chance and with, you know, chances like that, you don't go to Vegas with chances like that, you don't risk our water with chances like that, right? We don't gamble like this. And I think that was the moment for me that really made it clear this was like two years ago when this risk assessment came out. They made it very clear to me that we have to do everything we can to shut this down before the worst-case scenario happened. And unfortunately, you know, all of our politicians drug their feet. There are very few who are actual champions of shutting down Red Hill. And honestly, the Navy didn't make it any easier by misleading people. Yeah, so it's been a long haul. And it really breaks my heart to see that we are to this point where people are starting to be injured, that the resource is compromised, that we are having to conserve water because we are now drawing from the other smaller aquifers. We could have prevented this. If we had abided by the precautionary principle as a basic decision-making mechanism, we could have avoided this. Instead, we used risk management and said, no, we're going to risk it, cancel. And you just don't cancel with water. You don't do that. And I'm really hoping that our lesson is learned. And I'm really hoping that we can still do enough to prevent the absolute Russian happening. No, and the point you raised is so important that 27,000 gallons really in 2014 as you raised it. And then also just this year, in May, 1,600 gallons and just last month, 14,000 gallons. So it's what you said. It's precautionary principle has to rule the way that we're living, especially on islands in the middle of Oceania, where it's not like we can just, you know, from another river, from another place. It's absolutely important. And we do appreciate the work that you have been focusing on. And then bringing up those important aspects of precautionary principle to see how we can go forward. Any aspects of what you think we need to do, we know there will be an action actually on December 10th at the legislature, there will be a rally. But what are some other aspects of people who care about water, what they can do, and how they can be involved. We talked about stream restoration earlier. It's definitely important to look at Red Hill. We definitely need to stay focused. But there's also many other issues related to water that are so important to really bring Hawaii back and to make sure that everyone is able to appreciate that right to water. I mean, yeah, every island, every county has their water, freshwater issues, from streams on Maui and Kauai, you know, to contamination of the aqua from the big islands, like we, everybody is working to protect their own water from military and from, you know, commercial corporate behavior that undermines our collective best interest. So, yeah, I think that, you know, on Red Hill, the main things to do right now, you know, you can go to the Sierra Club Hawaii.org website, and there are several actions you can take there. You know, we have found the local Navy command to be wholly incompetent. They just, they can't, they couldn't argue themselves out of a paper bag. So we have escalated things. We are using our caring tactics and taking this to their manager. And we're taking it up to Lloyd Austin, who is this Secretary of Defense, and Carlos Del Toro, who is the Secretary of Navy. Unfortunately, Secretary Del Toro was very disappointing. He gave a somewhat emotionalist apology to the people who have suffered harm from this water contamination, and then made it like he actually has to think about whether he wants to protect the water, whether it's really, really worth it. And I think it's important for people to recognize that, you know, the Navy is willing to jeopardize the public shrinking water supply for convenient access to fuel, like that is outrageous. And I mean, honestly, it's kind of like a domestic violence situation. We have repeatedly been in a situation where the US military has harmed us, while at the same time telling us that they are protecting us, that they are on our side, that they are for us. And yet, repeatedly, we are harmed. And I'm hoping that this will be the last time that we will come to our senses and we will kick out the abuser. Because that is really the only thing that we can do. The Navy cannot operate in the state of Hawaii and harm us in this way from the bombing of Kuhu Lave to the contamination of our aquifer. Like we just, we have to draw a line and stand up for ourselves. And I think it was really good as you actually did see even Representative Ed Case and others looking at a long list of issues around Navy and not just Red Hill. So that was a huge step because it's what Tamakamali have been sharing for centuries. It's what activists have been raising from sonars, whales, so many different levels of how that lack of respect for our Aina has then led to so many problems in our so-called paradise. And so I think it is great that we're starting to begin a more holistic perspective on what needs to be done and how that land could also be shared in new ways. That would actually be a better, more beautiful Hawaii. Yeah, I feel like when decision makers put the resource at the center of their decision making and think about what is the best thing we could do by this resource, then all of the concentric circles that come out, that ripple out from that resource from the people who rely on it, the other species that rely on it to our economy, to the jobs you keep rippling out, when you take care of that resource first, then all of those other ripples are also taken care of, all of those other concentric circles. And it's when we fail to really put that resource at the center of our decision making and start making decisions that benefit only these farther out rings at the, you know, risking and at the risk of these fundamental resources. That's when we run into trouble. And so I really want to encourage people to think hard about elections. 2022, everybody is up for election. Please ask your, you know, the elected representatives to the house, to the Senate, to the city council, did they do all that they could do to prevent Red Hill from becoming a disaster? And then, you know, make your decision on whether you are going to vote for them again, based on that. That's a great point. It also then brings up what has just been adopted really around the world under at the global level, there's something known as the Orhus Convention that talks to the right of public participation, access to information regarding everything around the environment. That's been picking up momentum around the world. Then Escazu was adopted in Latin America. So maybe we need something similar in Oceania and Moana, New York, that talks about the rights information and the right to public participation and decision making around environmental issues. And really, as you brought it up, it's a perfect conclusion. Bye bye. It was really how wealth was defined. And so if we do look at it from that source and then ripple out that way, it shows the direction that is the best for the people and for our planet. It's not at the expense of one another. And it's a holistic vision that provides that future that is one that many people desire. And it also looks at everything, not only through the economy lens, but ecology and starting understanding how we're much more a part of that as opposed to being above. And it's that mentality, of course, has created the chasm and how we deal with all decision making regarding everything in our democracy. So I really want to thank you so much for coming and sharing with us. This is our final show for 2021. And it's a perfect way to end. We know water is life. And I appreciate all of your efforts for so much further than what we see in the headlines today. We now know everyone's focused. Everyone knows Red Hill. But I had people even last week going, what's all this Red Hill stuff? And so thank you and all the people at Sierra Club as well as all the different NGOs and movements that have really tried to focus on water as life. And look forward to partnering with you as we go forward. Thank you for laying out a great plan for the precautionary principle as well. Thank you. All right. Mahalo.