Tag: Sovereignty

The Road to Self-Governance is Rocky and Long

`Ano`ai kakou…  During the last of the President Bill Clinton’s years in the White House, I served as the Chair of the OHA Board of Trustees.  When Clinton first took office in 1993, many positive things happened for Hawaiians and Hawaii.  It was during Clinton’s his first term that he signed the Apology Resolution submitted by then-US Senator Dan Akaka in 1993.  There was also a great friendship that developed between President Clinton and then-Governor John Waihee III.

During those eight years, Hawaii’s Native people were treated as equals to the Native Americans and Native Alaskans.  We were included in the Native Education Act and Hawaiian health took on a new focus with lots of funding coming from Washington, D.C.  The Administration for Native Americans’ funding was also great for us and we still use money from that program today to fund our OHA loans.

Before President Clinton left office, his cabinet created the federal Office of Native Hawaiian Relations within the Department of the Interior so that Hawaiians did not have to go through the Bureau of Indian Affairs to seek monies or recognition the same way that American Indians do.

Also done was a study by the Departments of Interior and Justice on the overthrow and the taking of Hawaiian lands and how Hawaii became a territory and eventually a state.  Public hearings were held all over the 50th state and after all the information was gathered they came out with a book called “Mauka to Makai.”  Its final recommendation was for the federal government to begin a dialogue with Native Hawaiians to resolve Native claims and issues that were unresolved.

At the time, it was hoped that Democratic Vice-President Al Gore would succeed President Clinton and the work to resolve all of our issues would continue.  As we all know, this did not occur and for eight years during the Bush Administration all of our efforts were squashed.

During the Obama Administration, it has been very difficult as well with the Republicans controlling both the House and the Senate.  Before the current president leaves office, I believe he would like to see something done for our Native people.  That is why we are currently going through the federal “rules” process.

My point to all of this is that, as a Democrat, choosing the right candidate who I believe will help Native peoples the most is my highest priority.  To my knowledge, Bernie Sanders has no track record as a champion for Native people, let alone Native Hawaiians.  Throughout his campaign, he has not articulated a clear plan to help Native peoples nor has he received any strong endorsements from Native organizations that I am aware of.

Our road to sovereignty is very difficult.  I have been in this struggle since 1999.  Having people in Congress and certainly the White House that support our efforts is critical to our success.  Mahalo nui for your patience and for listening to my voice.  Aloha Ke Akua.

The Constitution of the Native Hawaiian Nation

`Ano`ai kakou…  On February 26, 2016, the majority of the Na‘i Aupuni ‘aha participants voted to adopt The Constitution of the Native Hawaiian Nation by a vote of 88 to 30 and one abstention.

There were 10 to 15 participants that were absent and a few sat outside when the vote took place.  All of them were given every opportunity to return and vote if they had missed their turn for whatever reason.

It is very difficult to put into words the awesome experience this was for me.  Not only was this an important historical turning point in our history, but it was also at times a very emotional for me to experience.

In the room sat kupuna, makua, and our young warriors.  Among them our leaders who have been at the forefront of the movement to reunify our people and restore our nation’s sovereignty.

They included Emmett Aluli, Lilikala Kameꞌeleihiwa, Poka Laenui, Aꞌo Pohaku, Keoni Agard, Melody MacKenzie, Devianna McGregor, Dr. Claire Hughes, Mahealani Cypher, Bumpy Kanahele, and, in spirit, Uncle Buzzy Agard, Dr. Kekuni Blaisdell, and Peggy Hao Ross.

Unfortunately missing from this auspicious occasion were two sisters who should be credited with helping to drive the sovereignty movement to where it is today.  They are, of course, the Trask sisters, Haunani K. and Mililani.

This constitution is in honor of all of those warriors who came before us and who could not be there.

It was moving to see people who were often on opposite sides of an issue come together for the good of the whole.  There were several participants that frequently came to OHA to protest our positions on nationhood and yet we were all able to put those differences aside and finally draft the governing documents needed to restore our nation.

I guess the most amazing aspect of the ‘Aha was to see our young people so energized and ready to take our efforts to the next level.  I have no doubt that they will make our dreams to form a new Hawaiian nation a reality.

The next step is to ratify the Constitution by taking it out to our people.  I encourage all of our ꞌohana to give the Constitution serious consideration.  While it is not a perfect document, it is a beginning.

Please do not hesitate to contact me if you need any assistance in understand the document.  If you are would like a copy of the Constitution, please visit my website at www.rowenaakana.org or e-mail me at rowenaa@oha.org to request a copy.  Aloha Ke Akua.

We need nationhood to protect our lands

`Ano`ai kakou…  Throughout the month of February, I was privileged to participated in the Na‘i Aupuni ‘aha to discuss self-governance.  I believe that calling for an ‘aha is an excellent opportunity to provide an open and democratic forum to discuss possible governing documents of our new nation.  This is where the ultimate form of the Hawaiian government can be debated and considered.

I have always advocated that gaining federal recognition as a native people would finally allow Hawaiians to negotiate with the state and federal governments for the return of some of our ceded lands that the state holds in trust.  Federal recognition would also put us in a stronger position to protect our lands and trust assets.

The three key elements of nationhood are sovereignty, self-determination and self-sufficiency.  In order for Hawaiians to exercise control over their lands and lives, they must achieve self-determination by organizing a mechanism for self-governance.  Hawaiians must create a government which provides for democratic representation before they can begin to interrelate with the State and the Federal governments who control their lands and trust assets. The ultimate goal of nationhood is to become self-sufficient and self-supporting.

My hope is that, as a result of the ‘aha, we will be able to draft the articles or provisions of our constitution for the new Hawaiian nation, whatever form it ultimately takes.  It is important to remember these documents can be changed or annulled.  This is only the beginning.  Once these governing documents are ratified by the Hawaiian people, they can be implemented to protect our lands and trust resources.  We would then be able to care for our people without assistance from anyone.

The window of opportunity for us to act on controlling our lands is closing.  For those who think we have lots of time to talk about this, they only need to look at all of the laws that have been passed in the last ten years to realize time is running out.

A good example of why nationhood is so critical for our people is the recent attempt in the legislature to pass the “forced land sales bills.”  Kamehameha Schools (KS) recently led the charge against legislation that would have forced Hawai‘i’s landowners to sell leasehold lands to their lessees.

If HB 1635 and HB 2173 had become law, all commercial, agriculture, conservation and industrial lands would have been put under threat to be forcibly sold.  KS would have been hurt by these bills since nearly 80 percent of their commercial properties are ground leased.  Our ceded lands controlled by DLNR would also be threatened.

Private land developers could have moved in to condemn and remove historical lands that were passed from generation to generation of Hawaiians.  This would have also negatively impacted the ability of Native Hawaiian organizations and trusts to fulfill their missions.  HB 1635 and HB 2173 represent yet another example of the government’s shameful history of removing Native Hawaiians from their ancestral lands.

Thankfully, on February 8th, KS announced that the House cancelled the hearing for HB 1635 and HB 2173, which effectively killed the bills.  However, there are other land bills in the legislature we need to be concerned about such as DLNR selling off remnants and the transfer of land to the military.  Let us be makaꞌala (watchful).  Aloha Ke Akua.

February ‘aha to discuss self-governance

`Ano`ai kakou…  On January 6th, Na‘i Aupuni announced that a total of 154 individuals will participate in the February ‘aha to discuss self-governance.

The ‘aha participants were derived from a list of 196 former candidates of an election that would have resulted in 40 delegates attending a constitutional convention.  Na‘i Aupuni decided to terminate the election on December 15, 2015 because of pending federal litigation that would probably stall the vote count for years.  So instead, Na‘i Aupuni offered all of the then-registered candidates a chance to participate in a gathering to discuss a path to self-governance.

As one of the 154 participants, I have been receiving emails of conversations between other ‘aha participants and while I am enthused by their excitement and the wide varieties of topics being discussed, I would like to steer the conversation back to the essentials of forming a nation.

I believe that calling for an ‘aha is an excellent opportunity to provide an open and democratic forum to discuss possible governing documents of our new nation.  This is where the ultimate form of the Hawaiian government can be debated and considered.

The first step is for everyone attending the ‘aha to come with an open mind and clean slate.  We must all be willing to learn how other native peoples have drafted constitutions and formed governments that serve their people.  To do that, we must focus on questions such as:

  • What kinds of powers would we want our nation to have?
  • What will our new nation’s relationship with the State of Hawaii, the Federal Government and the International community, including other Pacific islanders entail?
  • What are the fundamental rules we would like to see written in our constitution?
  • Will our new nation have the power to tax?
  • Will our new nation be free from state and federal taxes?

These are the kinds of important issues that I would like the ‘aha to focus on.

Given the fact that there are so many participants and such a short amount of time, it is clear that it will be challenging to build a consensus by the close of the ‘aha.  However, I am hopeful that the more experienced participants will help to organize smaller working groups and also assist in steering the discussion towards constructive topics such as what it takes to form a government.

Hawaiians have a spirituality that is admired by the world – the Aloha spirit.  It’s a feeling in the heart that can’t be described.  It’s a feeling that we all feel when we come together as one and recognize that while we may have differing views, all views are welcomed and respected.

No matter what the outcome of the ‘aha may be, let us all remember to move forward, together as one people.  Aloha Ke Akua.

The Naʻi Aupuni Election Process

`Ano`ai kakou…  The ballots for the Naʻi Aupuni Election were mailed to certified voters on November 1, 2015 and voting ended on November 30, 2015.  So the Election results should be announced by the time this column is published.

This is an exciting time for Native Hawaiians.  We have not had this type of consensus-building opportunity since the overthrow of our kingdom and we should take hold of this opportunity to start the process of deciding how we want to move forward in unity.

While I am pleased that the Naʻi Aupuni Election was finally able to proceed, I was surprised to see that the candidates’ names were listed on the ballot in a “randomized” order and not in alphabetical order.

Naʻi Aupuni decided to list the all candidates in a random order to give everyone a chance to be at the top of the ballot.  While I can understand why they made this change, an argument could be made about whether the list was truly “random.”  For example, two of the top five names listed on the Oahu ballot were OHA employees.  I’m sure this was just a coincidence, but most voters would agree that it seems suspicious.

According to a Honolulu Star-Advertiser article dated November 3, 2015, Hawaiians’ election for constitutional convention begins, reported that the Naʻi Aupuni election suffered from a rash of candidates dropping out and one calling the election “fixed.”  There have been other complaints in the community that OHA is trying to control the process.  Having OHA employees at the top of the ballot doesn’t help to dispel this negative impression.

To make matters worse, both of the OHA Employees have also run for a seat in past OHA Board of Trustees elections, giving them more name recognition in the Hawaiian community than candidates who have never run in a Hawaiian election.

I believe that Naʻi Aupuni should have just done what the state election office has been doing all along – list the candidate names in alphabetical order.  Voters are used to seeing candidate names listed alphabetically and it would make it easier for them to find the candidates they support, especially since Oahu voters had to sort through an incredible 103 candidates!

They should have also made it easier for Oahu voters by breaking up the island into smaller sections (such as rural and urban Oahu) with fewer names.  Voters on Oahu needed a lot of time and stamina to search through all those names.

I am surprised that Naʻi Aupuni would turn to such a radically different voting process than what Hawaii voters are used to for such a historically important election.  There was already a high level of scrutiny regarding the integrity of the election and I believe they should have stuck with what works.  Instead, they just added to the confusion.

If you have any questions or concerns regarding the voting process, please contact Elections America at naiaupuni@election-america.com or call Elections America toll-free at (844) 413-2929.  Aloha Ke Akua.

Mahalo nui to all

December 2014 Ka Wai Ola Column

`Ano`ai kakou…  Let me begin by expressing my warmest Mahalo to all those who supported me in the General Election.  Your kokua has allowed me to return to OHA to serve you for another four-year term.  A very special Mahalo nui to Ke Akua for his divine guidance and love that he has bestowed upon me and my family.

I would like to offer my warmest Aloha to Trustee Oswald Stender who is retiring from OHA after 14-years of service to our beneficiaries.  I would also like to congratulate newly elected OHA Trustee Lei Ahu Isa and welcome her to the Board of Trustees.  I look forward to working with her to fulfill OHA’s mission to better the conditions of Native Hawaiians.

Campaigning can be a grueling process, but now the real work shall begin.  The time has come for all us to come together in spirit and put some meaningful effort into re-establishing the political relationship between Native Hawaiians and the Federal government to re-organize our Native Hawaiian Governing Entity.  Once done, we will be able to protect all of our Hawaiian trust assets from the constant threat of lawsuits.  This is why I have always supported state and federal recognition.

As I traveled around the state, I spoke to many people who were confused about the process towards nationhood.  I can only conclude that OHA has not done enough to educate the public.  This situation has to change.  Trustees are going to have to speak up about the many positive results that Hawaiian Nationhood would bring for both Hawaiians and non-Hawaiians.  I assure all of you that, after listening to your mana’o, I will do everything that is humanly possible to address your concerns.

What is also needed is your participation.  You must challenge EACH Trustee to be accountable to you.  It is unfortunate that you cannot assume that Trustees will do this on their own.  Like any organization, from time to time, especially when one faction has been in power for too long like it has been at OHA, “the people” need to become actively involved.  Otherwise we will risk having to deal with complacency and the abuse of power.

What we face today as Hawaiians is no different than what has occurred over the past 100 years.  We are still fighting off assaults on our culture, the deterioration of our rights to our lands, and attacks from racist organizations.

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.

As we close out the year of 2014, I would like to wish each of you a very safe and happy holiday season, and may the Lord in his grace bless each of you and your families and take you safely into 2015.  Have a Merry Christmas and a very Happy New Year!

Aloha pumehana.

Response to supporters of Clarence Ching

By: Trustee Rowena Akana
November 2006

Source: Letter to the Editor, Ka Wai Ola o OHA

My letter is addressed to Gwen Burrows and Vaasiliifiti Tauo Taumasaosili who wrote letters to the Ka Wai Ola complaining about the content of my August 2006 trustees’ column. Both writers were specifically critical of my comments referencing Clarence Ching, a former OHA trustee who went to Washington D.C. to lobby against the Akaka Bill along with William Burgess, who has consistently filed law suits against OHA and the Department of Hawaiian Homelands to remove any Hawaiian-only preferences to any and all benefits set aside by law for the Hawaiian people.

Let me say that I certainly do not view myself or other trustees as “whores” who are “in bed with the enemy,” whomever that may be (as Ms. Burrows suggests). I am sorry that they took a personal offence to my comments regarding Mr. Ching’s seating arrangement.

I believe that both of them missed my point entirely. People like Burgess have successfully used Hawaiians against other Hawaiians in the past. Burgess is obviously not in agreement with Mr. Ching’s views about Hawaiian Sovereignty. Burgess wants the Akaka Bill to fail so that entitlements for Native Hawaiians can be eliminated. Clarence, on the other hand, probably just doesn’t believe the Akaka Bill is the way to achieve Hawaiian Self-Determination. In any case, it is my view that Hawaiians should not allow Non-Hawaiians to manipulate or use them against other Hawaiians. That was my point.

It is absolutely appropriate for Hawaiians to disagree among themselves about what kind of self-determination we should eventually have. It is not appropriate for us to let Non-Hawaiians lead our way down a path we have not chosen for ourselves.

Nowhere in my article do I suggest that Hawaiians must follow OHA’s path. It is, and always will be, the right of every Hawaiian to seek independence or any other form of government that they choose.

The Most Critical Issues Facing OHA Today

By Rowena Akana
November 22, 2002

Source: Ka Wai Ola o OHA

As the most senior member of the Board of Trustees serving three consecutive terms, I believe I have the historical knowledge necessary to deal with some of the most critical issues facing OHA today.

1. Loss of ceded land revenues
2. Legal challenges to our Trust
3. Federal recognition
4. Negotiations with the State on a ceded land settlement.

While there are other challenges that we must address at OHA, those listed above are the most critical. As Hawaiians, the indigenous people of our lands, what we face today 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 greed 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.

The future of OHA and other Hawaiian trusts are certainly at risk. Hawaiian leaders will have to work together and use whatever resources that are necessary to protect existing Hawaiian Trusts.

It is my opinion that in these critical times for OHA and all Hawaiian trusts, it is very important to have experienced leadership to help steer our canoe.

The unresolved issues of a permanent revenue stream for OHA and the failure of the Legislature to address the Supreme Court of Hawaii’s direction to them to “fix” Act 304 by defining what ceded land revenues constitute revenue for OHA was devastating to our Public Land Trust. For the first time in OHA’s 22 year history we have had to use our principal investments to fund programs and operations.

In 1991, OHA’s trust assets totaled $11 million. In 1993, our negotiating team settled with the State, on a partial settlement of approximately $129 million for back due payments owed to OHA from ceded land revenues. In 1999, as chair of the OHA Board, our investments had grown to nearly $400 million. In today’s market OHA’s assets are worth considerably less.

As a trustee who has always believed that the needs of our people should come first, the following are some of the programs that I have initiated:

1. FANNIE MAE Loan commitment of $135 million for home loans for ALL Hawaiians. This is a partnership between the Office of Hawaiian Affairs, FANNIE MAE, Bank of Hawaii and First Hawaiian Bank to provide low interest loans to all Hawaiians for home ownership;

2. The purchase of Quality Homes/Prefabricated Housing. OHA recently bought half ownership in this manufacturing plant which can produce homes that are steel constructed for approximately $50,000 each. This home loan program now adds a new dimension to OHA’s Commitment to home ownership;

3. Hawaiian Registry Program. The Hawaiian registry will not only show proof of Hawaiian ancestry, but sports a new look as a photo I.D.;

4. $350,000 commitment to annual scholarships for higher education;

5. Kupuna Health Program identifying elderly who are not covered by existing programs.

In the next few years, because of the challenges we face, experienced leadership will play a key role in our ability to deal with these issues as they present themselves.

I am very grateful to the Hawaiian community for having believed in my devotion and ability to lead, and for their continued support throughout my years at OHA. I am asking for your support again on November 5th, Election Day.  Mahalo ia ‘oe.

Why does the concept of Sovereignty divide us?

By Trustee Rowena Akana

November 2002

SOVEREIGNTY—The word hangs in the air like an uncertain new friend to all who attempt to understand its encircling arms.

Why does the concept of sovereignty, that which should unite our people, divide us into fragmented shards? It has been a goal of mine to use the issue of sovereignty to bring together the many grassroots groups in the community over the past several months. Yet, like a delicate spider’s web, the unity is fragile and unsure as the elements that affect it. It’s easy enough to get the many people I’ve worked with to agree, in concept, to the need for the study, education and understanding of sovereignty. The State Legislature is considering six separate bills dealing with sovereignty this session alone It’s easy enough to get many people to admit sovereignty is a necessary first step toward the Hawaiian nation. But the unity and understanding seems to stop there.

Perhaps, we need to start at the beginning again and again…as many times as it takes to grasp the elementary foundation of the very word. To define “sovereignty” is to place the concept in a known variable category. One of the best definitions I have come across comes from the group, Ka Lahui Hawaii:

“Three key elements of nationhood are sovereignty, self-determination and self sufficiency.

—SOVEREIGNTY—is the ability of a people who share a common culture, religion, language, value system and land base, to exercise control over their lands and lives, independent of other nations. In order to do this, they must be self-determining.

—SELF-DETERMINATION—is realized when the native people organize a mechanism for self-governance. Only when the Native Hawaiian people create a government which provides for democratic representation of their members and begin to interrelate with the State and Federal Trustees who control their lands will they be able to gain control over their trust assets and their future.

—SELF-SUFFICIENCY–is the goal of nationhood. Self-sufficiency means the people are able to be self-supporting, capable of feeding, clothing and sheltering themselves.”

I like this definition. It seems to be all encompassing and obtainable too. Perhaps, once this tangibility has been created, we can begin to dissect the various components that make up the whole.

One thing I have definitely found to be true, the study of sovereignty must be carried out by an impartial, independent agency. I have recently presented testimony at several Senate hearings to voice this exact concern. It is important for the study group to be able to feel free to research the issue of sovereignty without undo pressure from any state agency.

Currently, there are three different proposals in the Legislature attempting to create some form of group to study the issue of sovereignty. Senate bill 3444 and companion House bill 3513 attempt to amend existing Act 301, which created the Sovereignty Advisory Council (SAC). The amendments basically clarify the independence of the group by transferring the funding for the group into the Department of Accounting and General Services (DAGS). Senate Bill 2407 attempts to create a commission outside of SAC, to be appointed by the Governor, to study the sovereignty issue. House Bill 3662 proposes to create a sovereignty task force with sixteen members to be appointed by the legislature, including four non-Hawaiians.

In summary, I support the idea of an independent group whether it be the SAC, the commission or the task force. I believe that this group must be independent of any state agency so that the group’s findings and ultimate report to the Legislature will be unbiased and will encompass input from all sectors of the community.

Hands Off Ceded Land Revenues

By Trustee Rowena Akana
February 10, 1996

Source Star Bulletin Viewpoint

A wide variety of legal principles and historical events cloud the state’s title as trustee of Hawaiian ceded lands. Even if, purely for the sake of argument, the state were to hold clear title to these lands, countless examples showing a breach of trust responsibilities can be found. These issues, pending court cases, and the future status of ceded lands in a Hawaiian sovereign entity, have yet to be settled. Until then, the state has no right to add another chapter to the long, sad history of Hawaiian land alienation.

Gov. Ben Cayetano has made it clear that he considers Hawaiian entitlements a burden on the state treasury. While ceded land revenues are a mere drop in the bucket in the overall state budget, these revenues are certainly not his to touch in any event. Hawaiians have a right to these revenues, as affirmed and reaffirmed by a variety of laws and legal instruments.

Although it is often stated that we receive 20 percent of state income from ceded lands, our agreement with the state actually gives us much less. Imagine not one but two pools of ceded land revenues — sovereign income and proprietary income. Sovereign income includes the big ticket items like airport landing fees, Duty Free Shop income, income generated by the University of Hawaii, etc. The state holds onto all of this income; the Office of Hawaiian Affairs and its native Hawaiian beneficiaries don’t get a cent of it.

The second pool, proprietary income, involves a considerably smaller amount of money, drawn from land leases and rents of ceded lands. It is this pool from which OHA draws its 20 percent to service the needs of native Hawaiians, as required by the 1959 Admission Act.

It represents not 20 percent of our Hawaiian entitlements but 10 percent (or less) of these two revenue sources.

The state assumed fiduciary obligation upon being admitted as a state in 1959 and Section 5(f) of the Admission Act stipulated that proceeds from the sale or other disposition of ceded lands would be held by the state as a public trust for the support of betterment of the conditions of native Hawaiians, public schools, agriculture, parks, recreational areas and other lands for public use, and capital improvement projects.

In 1995, Rep. Calvin Say introduced a bill that would have diverted the ceded land revenues of OHA to state capital improvement projects. This would have crippled OHA’s ability to deliver crucial services to the Hawaiian community.

It also would have amounted to double dipping by the state, which already gets 20 percent (the same amount OHA receives) specifically for capital improvement projects. To add insult to injury, Hawaiians already pay their fair share of taxes to pay for such building programs!

Fortunately OHA’s trustees and Hawaiian organizations mobilized quickly and gained the support necessary to kill Say’s bill. Hawaiian entitlements are too vital for us to wait until another crisis situation spurs us to action. Now that the state legislative session is under way, it is in the interest of Hawaiians and Hawaii’s general public not to allow our legislators to take away what little funds OHA and Hawaiians receive.

Say and House Speaker Joe Souki have helped drive our state into the present fiscal fiasco. They try to deflect blame away from themselves with a lot of smoke and hot air. They don’t address the real issues; they invent new ones. They pit Hawaiians against non-Hawaiians by creating an atmosphere of distrust based upon unwarranted fears.

Hawaiians aren’t the only ones at risk here. Every tax-paying citizen of Hawaii will be directly affected by the decisions of lawmakers in 1996. Already there’s talk of increasing our general excise tax. Already there’s talk again of taking away OHA’s funding to pay for capital improvements. Can we allow the state to continue mismanaging our ceded land funds and our hard-earned tax dollars? I think not.

We must protect what little we have, before we all end up like the state — dead broke.