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Akaka Bill Update…

Wednesday, February 15th, 2006

By: OHA TRUSTEE ROWENA AKANA

Source: February 2006 Ka Wai Ola o OHA Column

`Ano`ai kakou…  On January 11th, I was invited to speak about the merits of the Akaka Bill at the Small Business Hawaii’s annual conference.  Also speaking was Akaka Bill detractor Sandra Burgess, who is one of the plaintiffs in the Arakaki lawsuit and wife of William Burgess, the owner of the anti-Akaka bill website Aloha For All.  I was grateful for the opportunity to address this auspicious group because if I hadn’t, they probably would have only heard Burgess’ false, fear mongering, and downright racist remarks.

It was clear that the SBH audience had very little knowledge of Hawai`i’s annexation or the reasons for the passage of the Apology Bill that President Clinton signed into law in 1993.  With less than ten minutes to speak, I briefly covered how the Apology Bill set into motion a process for reconciliation between the Native Hawaiians and the United States, which is the whole purpose of the Akaka Bill. 

Then it was Burgess’ turn to speak.  Here are just a few of the things she said:  (1) She asked whether it was fair to non-Hawaiian businesses if Hawaiian businesses paid no taxes; (2) She asked whether we are all Americans and why should Hawaiians be different; (3) She said that if the Akaka bill passes, non-Hawaiians will have to face the question of returning all of their lands; (4) She said that federal recognition will give Hawaiians more power and money to corrupt our State and Federal elected officials who already can’t say “no” to Hawaiians.  She even said our Governor is misguided for her support of the Akaka bill; and (5) She said that the Akaka Bill sets up a separate class of people.

I was appalled by Sandra Burgess’ ridiculous statements.  She gave no facts to support her position and basically told the audience that the world would end if the Akaka Bill passes.  I did my best to explain in my one-minute rebuttal that the Akaka Bill:  (1) Doesn’t allow Hawaiians to be exempt from state or federal taxes; (2) Doesn’t allow Hawaiian-owned businesses to have an unfair advantage over non-Hawaiian businesses; (3) Doesn’t allow Hawaiians to expel non-Hawaiians or the military from their lands; (4) Doesn’t set up a separate class of people; and (5) Whatever documents are created by the new government must be reviewed by the Department of the Interior and any settlements would have to be approved by the state and federal governments.  This allows for checks and balances.

Listening to Sandra Burgess opened my eyes to her and her group’s true motives.  They want to create an “US AGAINST THEM” mentality by scaring people into believing the Akaka Bill will hurt them.  Let me be absolutely clear that it is not Native Hawaiians who are creating this kind of fearful atmosphere. 

We must all find a way to come together, both Hawaiians and Kama’aina united in our common goal, to counter this divisive attitude and stop the noxious seeds of hate that the Burgess’ group is planting from taking permanent root in Hawai’i.  Imua e Hawai’i nei…

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Posted in Racism, Sovereignty

Proposed changes to the Akaka bill (S.147) are a cause for concern

Tuesday, November 15th, 2005

By: TRUSTEE ROWENA AKANA

Source: November 2005 Ka Wai Ola o OHA Column

`Ano`ai kakou…  Despite the combined efforts of OHA, Governor Lingle, our Congressional delegation, and countless grassroots organizations, the Akaka Bill (S.147) has yet to reach the floor of the U.S. Senate.  As of this writing, it seems that the earliest that the bill will be voted on is during the week of October 17th.

As you may have read in the local print media, the Akaka Bill has recently been amended to appease the White House and the Republican Senators who oppose it.  While the Board continues to support the bill, I am starting to have grave concerns with the direction that the bill is taking.  I question whether we are now willing to sacrifice some of our rights just to pass the bill and stop the lawsuits.

The proposed amendments to the Akaka bill were negotiated by Congressional staff, the Justice Department, and the state Attorney General in consultation with attorney Robert Klein and others.  Even after all of the strong support we have consistently given the bill, the trustees of OHA ended up being completely left out of the loop.  This is totally outrageous since none of the negotiators were elected and they don’t have a constituency to answer to.  This is probably why they gave in to the pressure from the Republican Senators and the Bush Administration.

For example, they added proposed language that completely bans the new Hawaiian Governing Entity from ever generating revenues from gambling in this or any other state.  Even if the State of Hawaii adopts a gambling bill, Hawaiians would be the only native people who could not engage in any gambling activity.  Isn’t this unconstitutional?  I have always felt that this should be left to the new Hawaiian Governing Entity to decide.  That’s what sovereignty is all about.  We should not ban the new Hawaiian Governing Entity from a potential revenue source that could help them become self-sufficient.

Another proposed amendment prevents the United States from taking any Native Hawaiian lands into trust.  I feel this hurts us because only the federal government can give ceded lands the strong protection it needs.  Just look at what the state has done with ceded lands in the past and the reasons would be clear.  How many more $1 a year leases and unfavorable land swaps do we have to put up with?

I also have a problem with the military being taken off the negotiating table.  The new language for the bill states that the military will not be required to consult with the Office for Native Hawaiian Relations or the Native Hawaiian Interagency Coordinating Group.  What about all of the prime ceded lands that are occupied by the military?

Unfortunately, detrimental changes to the Akaka Bill are nothing new.  The 2002 version of the Akaka Bill (S. 746) was very controversial because it left out a section from the original bill (S. 81) that allows for a fair process for all Hawaiians to be included in the recognition effort.  The section was finally restored to the bill (S. 344) in May of 2003 so there is some hope that the bill can be changed for the better later. 

Some may argue that the proposed changes would allow the bill to finally get passed, but changing the bill by adding language that is not understood by the greater Hawaiian community makes no sense at all.  Still others may say, “Isn’t half a loaf better than no loaf?”  That maybe so, but we may be giving up too much. 

It is truly sad that doing the right thing has now become so controversial.  No matter how many historical facts are presented, no matter all the legal justification offered, getting Congress to do what is right is easier said than done.  The Akaka bill is supposed to represent the beginning of our journey to sovereignty.  Let us hope that the journey continues despite the proposed amendments.  Imua Hawaii Nei…

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Posted in Sovereignty

The need for compromise & unity

Thursday, September 15th, 2005

By: TRUSTEE ROWENA AKANA

Source: September 2005 Ka Wai Ola o OHA Article

`Ano`ai kakou…  In late July, the trustees returned from another disappointing trip to lobby for the passage of the Akaka bill in Washington, D.C.  The bill has enough votes to pass the U.S. Senate, but unfortunately, several Republican Senators used last-minute political gamesmanship to prevent the bill from reaching the Senate floor for voting.  After witnessing these underhanded tactics, I am amazed that anything can get done in Washington.

The Senators that oppose the Akaka bill are obviously relying on false information being provided by Akaka bill opponents such as Thurston Twigg-Smith (who is part of the Arakaki lawsuit and whose ancestor helped orchestrate the overthrow), H. William Burgess (also with the Arakaki lawsuit and the anti-OHA organization Aloha for All), and Richard Rowland (Grassroot Institute of Hawai’i).  These people want us to believe that they are fighting for equality, but I believe they are actually motivated by racism.

To make matters worse, Washington has become so politically divided along party lines that neither side is willing to work together and hammer out a bill that all sides can live with.  It seems as if the Democrats and Republicans have lost the art of compromise. 

Years ago, Washington used to be a different place.  As Jack Valenti (President Lyndon B. Johnson’s Administration) described it, members of Congress built relationships based on trust.  The party in power understood that the role of the opposition was to oppose and didn’t take their criticism personally.  The minority party knew that just because you opposed an issue didn’t mean you couldn’t compromise.  No party could ever get everything they wanted.  That’s not how politics works.  Politics depends on compromise.

Here at home, the time has come for Native Hawaiians who support and oppose the Akaka Bill to come together in the spirit of compromise.  Native Hawaiians who oppose the Akaka bill need to realize that if they want to form an independent Hawaiian nation, they can – even if the Akaka bill were passed into law.  The bill does not give any position on the ultimate form of Native Hawaiian governance.  It only requires the Federal Government to recognize a trust relationship with our people.  More importantly, it would give us the ability to protect our trust assets until our governing entity is formed.

All of us can agree that we cannot build a nation without assets.  Native Hawaiian opponents of the Akaka bill must understand that there can be no final judgment in the federal courts if Congress approves the Akaka bill.  The bill offers strong protection to all of our Hawaiian trusts from the constant threat of lawsuits.  That’s why I have always supported the bill.

What we face today as Hawaiians is no different than what occurred over 100 years ago. We are still fighting off assaults on our culture, rights to our lands, and racism.  Only now, we are being called racists because we want to protect our entitlements.  Times have not changed much, people are still the same and racism is still the motivation behind the move to relieve us of whatever entitlements we have left.  The only thing that has changed is the sophistication used to manipulate us and the law.

Let us begin to work together for the cause of recognition.  Let us begin to agree on the things that we can agree to and set aside the things we differ on and move forward together for the future generations of Hawaiians yet to come.

We are one people.  We cannot afford to be divided, not when so much work remains to be done.  The struggle to regain our sovereign rights requires unity and the strength of numbers.  As the recent federal court decision regarding Kamehameha schools proves, the future of OHA, the Department of Hawaiian Home Lands, and all of the Hawaiian Trusts are certainly at risk.  We must work together and combine our influence so that we can do what is necessary to pass the Akaka bill.

Let us be as our Queen wished…  ONIPA’A, steadfast in what is good!

“I appeal to you… that there be no division among you, but that you be united in the same mind and the same purpose.”  I Corinthians 1:10

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Posted in Legal, Racism, Sovereignty

Response to Letter to the Editor on Akaka Bill

Wednesday, July 20th, 2005

By: Trustee Rowena Akana

Source:  Letter sent to the Editor of the Honolulu Advertiser

Response to Tom Macdonald’s Letter to the Editor, “ HAWAIIAN SECESSION HASN’T BEEN ABANDONED” – Monday, July 18, 2005

I am outraged that my comments to the anti-Akaka bill group Hui Pu were grossly taken out of context by Tom Macdonald in his July 18th letter to the editor.  For the record, I have never encouraged Hawaiians to use the Akaka bill as a “steppingstone” to secede from the United States.  If Mr. Macdonald had bothered to read the Akaka bill, he would have known that nothing in it even remotely allows for secession.

What I actually shared with the members of Hui Pu was the fact that if they wanted to form an independent Hawaiian nation, they could – even if the Akaka bill were passed into law.  Nothing in the Akaka bill prevents them from doing so.  Of course, they would face the daunting task of convincing a majority of the 400,000 Native Hawaiians living in the U.S. to support them.

In my view, the Akaka Bill, and I have read the bill over and over; does not give any position on the ultimate form of Native Hawaiian governance.  It only requires the Federal Government to recognize a trust relationship with Hawaiians.  It will also give Native Hawaiians the ability to protect their trust assets until a Hawaiian governing entity is formed.

We cannot build a nation without assets.  All of our Hawaiian trusts are under constant threat of lawsuits from those who want to destroy the last remaining resources that Native Hawaiians have left, but there can be no judgment in the courts if Congress shows their support by passing the Akaka bill.  That is why I strongly support the bill.

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Posted in Sovereignty

The Akaka Bill only sets-up a process

Tuesday, March 15th, 2005

By: TRUSTEE ROWENA AKANA

Source: March 2005 Ka Wai Ola o OHA Article

`Ano`ai kakou…  The very first federal recognition bill, better known as the “Akaka Bill,” was first introduced back in 2000.  Now, five years later, there is still confusion over what federal recognition would or would not do when there should be none.  Here are a few things to remember:

Kau Inoa

The first step in any process for nationhood is to create an official list of those who want to participate.  To assist in this effort, OHA is supporting the Kau Inoa registration program, which is an independent, community-driven effort developed by broad-based community working groups.  The groups specifically drew upon previous work done by the Oahu Council of Hawaiian Civic Clubs, Ka Lahui, the Royal Order of Kamehameha’s Oahu chapter and the State Council of Hawaiian Homestead Associations.

Registering with Kau Inoa does not mean you automatically support federal recognition.  It simply means that you want to be counted and that you want to participate in shaping the new nation or governing entity.  We urgently need Kau Inoa so that we can get organized and keep in touch with registered participants.

Any person of Native Hawaiian ancestry may voluntarily sign up.  There is no blood quantum requirement, but verification of Hawaiian ancestry is required.  This may be done by one of the following means:  (1) Ancestry verification documents from the Department of Hawaiian Home Lands, OHA’s Operation Ohana program, or OHA’s Hawaiian Registry program; (2) A certified copy of birth certificates, marriage certificates and/or death certificates indicating Hawaiian parentage; or (3) Kumu Ohana or other legally sufficient methods besides those listed above.

Kau Inoa registration is open to Hawaiians anywhere in the world.  According to figures from the 2000 census, there are approximately 240,000 Hawaiians in Hawaii and more than 160,000 Hawaiians across the continental United States.  There is no minimum age to register.  All Kau Inoa registration forms and vital statistics records will be confidentially kept by Hawaii Maoli Inc., a nonprofit arm of the Association of Hawaiian Civic Clubs.

Native Hawaiian Coalition

Another important part of the process is to form a broad-based coalition of Hawaiian community representatives.  The Native Hawaiian Coalition – an independent alliance of organizations and individuals from throughout the Hawaiian community – has been working to help determine the steps for forming a Native Hawaiian governing body.  The Coalition includes nearly all major Hawaiian organizations, as well as the Ali’i trusts, and those with political viewpoints ranging from federal recognition to independence.  Meetings are open to all Hawaiians.  They have already held several meetings and are beginning to get organized.

Both Kau Inoa and the Native Hawaiian Coalition do not depend on the Akaka Bill’s passage.  There is nothing stopping Hawaiians from organizing now.  Those who want to be involved should gather their documents and register with Kau Inoa as soon as possible.

In my view, the Akaka Bill, and I have read the bill over and over; is no threat to Native Hawaiian claims nor does it give a position on Nationhood.  It only forces the Federal Government to recognize a trust relationship with Hawaiians.  It will give us the time we need to form a governing entity before all of our trust assets are taken away.  While legal attacks are eroding our trusts every day, there can be no judgment if Congress shows their support by passing the Akaka bill.

There is much to do and OHA will be working tirelessly to bring people together to make a Native Hawaiian governing entity a reality.  I will continue to keep you posted.  Imua e Hawai’i nei…

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Posted in Sovereignty

United we stand, divided we fall!

Sunday, February 15th, 2004

By: TRUSTEE ROWENA AKANA

Source: February 2004 Ka Wai Ola o OHA Column

`Ano`ai kakou…  As you may have read in the local print media, the U.S. Senate has been reviewing the Akaka Bill (S. 344) and is considering further amendments to the bill.  The Trustees of OHA recently met with our two U.S. Senators and they informed us that a few people in the Justice Department and a few others (no names or affiliations were mentioned) have concerns about our bill.  Since it was not made clear to us as to what those concerns were, I expressed my own about the possibility that Congress may change the bill’s definition of who is Hawaiian.

IF THIS IS INDEED ONE OF THE SUGGESTED CHANGES, I COULD NO LONGER SUPPORT THE BILL’S PASSAGE. 

Some may argue that the changes would allow the bill to finally get passed, but changing the bill by adding language that is not supported by the Hawaiian community makes no sense at all.  Either recognition includes ALL Hawaiians or no Hawaiians at all.

Still others may say, “Isn’t half a loaf better than no loaf?”  That maybe so in some cases, but certainly not when it comes to deciding who will be in the Hawaiian Nation.  Isn’t that what WE HAWAIIANS together must decide?

What’s happening now with the Akaka Bill sounds similar to what Congress did to us in 1920 with the creation of the Department of Hawaiian Homelands and the 50% blood quantum.  They arbitrarily decided who was going to be a Native Hawaiian.  The blood quantum issue has long been a source of division among our people.  Why then would we let them do this to us again?

Detrimental changes to the Akaka Bill by Congress are nothing new.  The 2002 version of the Akaka Bill (S. 746) was very controversial because section 7 of the original Akaka Bill (S. 81), which allows for a fair process for all Hawaiians to be included in the recognition effort, was left out.  The 2003 Akaka Bill (S. 344), continued to lack a section which would allow for a fair process for all Hawaiians to be included in the federal recognition effort.

In mid-May of 2003, I was relieved to learn that the Akaka Bill was amended to include a process for federal recognition that would allow ALL Hawaiians to participate.  The language in the second (current) S. 344 offered and suggested a clear process for recognition that the U.S. Department of the Interior currently uses to recognize Native American tribes.

We are certainly more educated about western law and how politics works in Washington.  Our current population, which is 400,000 strong, could make our own powerful political statement.  Let us tell Congress that we, the Hawaiian community, will decide for ourselves this important question of who will be in our Nation.

We must question why Hawaiians are being treated differently from Native Alaskans and Native Americans.  Congress has the discretion to pass the current Akaka Bill in its entirety and allow us to begin the process of self-determination.  Though the Akaka bill does not give Hawaiians sovereignty, it will allow us to begin our journey.

Why then, are some in Washington  concerned about having too many Hawaiians involved in the process?  Blood quantum and membership issues are not a question for Congress to decide, and we must tell them so.  If this is indeed one of the considered amendments, we must let our Congressional Delegation know that this is a concession we will not make.

We, the Hawaiian people, must never again let Congress or anyone else divide us again.  We are only strong when we are together.  United we stand, divided we fall!  Imua Hawaii Nei…

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Posted in Sovereignty

Reid of Nevada joins Akaka in sponsoring S.344

Saturday, November 15th, 2003

TRUSTEE ROWENA AKANA

November 2003 Ka Wai Ola o OHA Column

‘Ano`ai kakou…  Despite the obstacles that may cause some irritation and delays in the passage of our Hawaiian Recognition Bill (Senate Bill 344), we should all be grateful for the many friends that we have made along the way.

A man of humble beginnings, Senator Harry Reid of Nevada is known as a champion of social causes and has earned the respect and trust of both Democrats and Republicans for his integrity and fairness.  Parade Magazine describes him as one of a handful of leaders in Washington who possesses integrity and guts!  It goes without saying then, that it is a plus to have Senator Reid sign on to our bill.

In late September, the Trustees of OHA, along with the Royal Societies including Makakakawa, the Royal Order of Kamehameha, the Kaahumanu Society, and Hale o Na Ali’i, traveled to Washington D.C. to speak to members of Congress about the importance of passing the Hawaiian Recognition Bill.

While our trip was interrupted by Mother Nature, with one of the nastiest hurricanes to ever hit the east coast, we did manage to make an impact on those we were able to meet.  Our Royal Societies made quite an impression in the halls of Congress and among those they spoke to.  Seeing the royal capes and the ceremonial dress worn by our alii was an unforgettable experience for those who witnessed it.  To explain to the people on the mainland about who Hawaiians are and what we represent is difficult at best for them to imagine.  But to actually see the formal dress and to witness royal ceremonies speaks to volumes of historical insight that cannot be translated into words.

Our trip was cut short in Washington due to the hurricane, but on the way home, some of us stopped in Arizona and Nevada.  In Arizona, we met with the Inter-Tribal Council of Arizona, which represents 19 local tribes.  Our purpose was to solicit their support for our Hawaiian Recognition Bill.  Their interest and support were encouraging.

Next stop was a Nevada Hoolaulea sponsored by the Mainland Council of Hawaiian Civic Clubs.  The Ho’olaulea was held at Lorenzi Park about 10-minutes from down town Las Vegas and featured nearly 100 craft and food vendors and informational booths.  The state of Nevada is now home to over 40,000 Hawaiians and the Hoolaulea drew 10,000 people.  OHA was there to register Hawaiians for our Registry Program and to educate attendees about the facts of the Recognition Bill. 

OHA’s Hawaiian Registry Program is a very important program.  It is the first step in identifying Hawaiians who want to be identified as Hawaiians and who want to be counted as Hawaiians.  The Hawaiian Registry Picture ID Card, it is hoped, will one day serve as a card that will offer many services to those who have it.

I would like to say Mahalo Nui Loa to Nevada US Senator Harry Reid who came to the Nevada Hoolaulea to speak to the Hawaiians who were there and to assure them of his support for the Hawaiian Recognition Bill.

Lastly, I would like to say to all who read my column that if you have any questions about whether or not the Akaka Bill is good for Hawaiians, I will be available to you and your groups to explain the facts.  Please call my office to set-up a scheduled appointment time for a presentation.  Have a Happy Thanksgiving!

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Posted in Sovereignty

Where Is The Akaka-Stevens Bill?

Monday, September 15th, 2003

TRUSTEE ROWENA AKANA

September 2003 Ka Wai Ola o OHA Column 

Despite the combined efforts of OHA, Governor Lingle, our Congressional delegation, and countless grassroots organizations, the Akaka-Stevens Bill (S.344) did not make it to the floor of Congress for a vote before the Fourth of July recess.  We are now working to ensure the bill is voted on the floor of Congress before it recesses again for the holiday season.

In 2004, both Republicans and Democrats will be concentrating on who will occupy the White House for the following four years.  As most lobbyists know, members of Congress become extra cautious during an important election year.  Congressmen who may or may not have an opinion about the bill will not vote for a bill if they feel it will upset their colleagues or prove to be controversial for them in their own elections.

It is a sad day when doing the right thing could be considered controversial.  No matter how many historical facts are presented, no matter all the legal justification offered, getting Congress to do the right thing is easier said than done.

The political status of Native Hawaiians is a serious matter that should never be used as political leverage between Democrats and Republicans.  By doing so, our effort to achieve federal recognition become much more difficult.  At home, both political parties have strongly supported our efforts and have publicly agreed that this is a nonpartisan issue.  However, comments in the newspapers accusing one party of not doing enough only proves that this is not the case.  Accusations such as these can only hurt our overall efforts.

If the Native Hawaiian community and the general public are to believe that both political parties are working together for the best interests of our community they must prove it by ending their finger-pointing in the media.  All of us are tired of this kind of behavior.

The quest for power and control over political offices by the parties is, in my view, the very thing that is destroying the trust between the people and their elected leaders.  Where does the public fit in this picture?  Are we just pawns to be used as “political footballs” to gain footholds into political power structures?

Passing the Akaka-Stevens bill is the first real step in correcting egregious acts done against us over 110 years ago.  The political blame-game must stop.  If this is truly a nonpartisan effort, what should it matter which political party takes the most credit.  After all, isn’t it the right thing to do?  The point is, how can we convince others of the importance of the Akaka-Stevens bill if we cannot work together in good faith at home? 

Mālama pono!

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Posted in Sovereignty

NAPALC Supports Legislation Recognizing Native Hawaiians

Tuesday, September 9th, 2003

By: Andrew Rice, 202-296-2300
September 9, 2003

Source: National Asian Pacific American Legal Consortium Press Release

Washington, D.C.–The National Asian Pacific American Legal Consortium announces its support for legislation sponsored by Sen. Daniel Akaka (D-HI), granting federal recognition of Native Hawaiians.

Senate Bill 344, known as the “Akaka Bill,” would give federal recognition to Native Hawaiians as an indigenous group, qualifying them for health and welfare initiatives currently focused on Native American and Native Alaskan groups. This legislation also establishes a process for the formation of a sovereign entity representing Native Hawaiian interests in a government-to-government relationship with the United States.

“Passage of the Akaka Bill is vital to the preservation of the Hawaiian people and their culture and would continue the reconciliation process between the U.S. Government and the Native Hawaiian people, as authorized in the 1993 Apology Bill,” said Karen K. Narasaki, President and Executive Director of NAPALC

“This legislation extends the federal policy of self-determination and self-governance to Native Hawaiians. It authorizes a process of reorganization of a Native Hawaiian government for the purposes of a federally recognized government-to-government relationship with the United States,” said Sen. Akaka. “This measure establishes parity in federal policies toward American Indians, Alaska Natives and Native Hawaiians. I commend NAPALC for joining the impressive coalition of organizations supporting this important legislation.”

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Posted in Sovereignty

A Process for Nationhood Returns to Akaka Bill

Tuesday, July 15th, 2003

TRUSTEE ROWENA AKANA

July 2003 Ka Wai Ola Article

`Ano`ai kakou…

During OHA’s trip to Washington D.C. in mid-May, I was pleased to learn that the Akaka Bill was amended to include a process for federal recognition.  The language describing the process makes it clear that we will not be obligated to follow it exactly, word-for-word.  It is merely a suggestion based on the process that the U.S. Department of the Interior currently uses to recognize Native American tribes.

One of the concerns I had about the first version of the 2003 Akaka Bill (S.344) was that it lacked a section which would allow for a fair process for all Hawaiians to be included in the federal recognition effort.  The original bill (S.81 in 2000) included a reasonable process, but it was subsequently taken out in later versions.

The first step in the process outlined in the bill is to create an official “roll” (list) of those who can directly trace their ancestry to indigenous Hawaiians who resided in Hawaii on or before Jan. 1, 1893, or those who were eligible during 1921 for the programs authorized by the Hawaiian Homes Commission Act and their lineal descendants.

Once the roll has been finalized by the Department of the Interior, members of the final roll, who are over the age of 18, may run to serve on an Interim Governing Council.  Candidates elected to the Interim Council may then conduct a referendum and draft organic governing documents for a Native Hawaiian governing entity.  The Council may also tackle questions such as the proposed criteria for citizenship, the proposed powers, privileges, immunities, and authorities of the Native Hawaiian governing entity.  They may also consider the civil rights and protection of rights of citizens and other issues it deems appropriate.

The proposed organic governing documents can then be distributed to all Hawaiians on the certified roll and an election held to ratify them.  Additional elections may be held by Hawaiians on the certified roll to elect officers of the new Native Hawaiian governing entity.  The Interim Governing Council will then be terminated after the elected officers take office.

The new Native Hawaiian governing entity may then submit their ratified organic governing documents to Secretary of the Interior to be certified.  Once recognized by the United States, the Native Hawaiian governing entity may enter into negotiations with both the United States and the State of Hawaii to address the transfer and exercise of governmental authorities over lands, natural resources, and other assets.

Opponents of the Akaka Bill should note that S.344 does not settle any claims against the United States nor does the bill authorize the Native Hawaiian governing entity to conduct gaming activities under the Indian Gaming Regulatory Act.

As you can imagine, the process outlined above will take many years to complete.  The organic governing documents alone will probably need to be revised several times before it is ratified by the Hawaiian people.  In the meantime, those who want to be involved should prepare now by gathering their documentation to join the Roll and consider whether to get involved by running for the Interim Governing Council.

There is much to do and OHA will be working tirelessly to bring people together to make a Native Hawaiian governing entity a reality.  I will continue to keep you posted on any and all information regarding this important measure.  A hui hou!

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Posted in Sovereignty

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