The Hawaiian Homes Commission Act prohibits homesteaders from subleasing, but the commission had approved 23 third-party arrangements on Molokai that the court said were essentially subleases. Similar arrangements exist on other islands.
The court's decision, reversing a ruling by then-Circuit Judge Richard Komo, strengthens the homestead program's adherence to its original purpose - to put Hawaiians on the land. Some Hawaiians had protested the subleases, saying they had difficulty competing against non-Hawaiians who leased homestead parcels. Some of the 10,000 on the waiting list for farm and pasture lots say those who cannot work the land themselves should surrender it.
On the other side are homestead recipients who sublease their land because they are too old or sick to farm, and the workers who are employed by non-Hawaiians who are now subleasing the land. Farmer Larry Jefts, who subleases 400 acres from homesteaders for diversified agriculture, said 12 to 36 of his employees may be laid off if he is forced to give up homestead land.
These subleasing arrangements may have made sense when there was less interest among Hawaiians in farming. Today, with the so-called Hawaiian renaissance flourishing, there is strong interest among some Hawaiians in working the land.
The court's ruling could provide more opportunities to do so. But the commission may have to face the need to find a way to reconcile the interests of the Hawaiians who are now prohibited from subleasing and those who are waiting for land.
Last weekend the generals unwittingly thrust her into the headlines by arresting more than 200 supporters in advance of an opposition meeting at Aung San Suu Kyi's home in Rangoon. She commented that the arrests "have very much helped our cause, but I'm afraid it has not been easy for those who have been arrested."
In addition to the government's repressive policies, Burma is the world's largest producer of opium and heroin. A ban on new American investment has been proposed in Congress. Because the government is trying to attract foreign investment, such a ban might compel the regime to ease the restrictions on Suu Kyi and her followers.

Rupert E. Phillips, CEO
John M. Flanagan, Editor & Publisher
David Shapiro, Managing Editor
Diane Yukihiro Chang, Senior Editor & Editorial Page Editor
Frank Bridgewater & Michael Rovner, Assistant Managing Editors
A.A. Smyser, Contributing Editor