Ka Wai Ola - Office of Hawaiian Affairs, Volume 20, Number 2, 1 February 2003 — Legal experts discuss reconciliation efforts [ARTICLE+ILLUSTRATION]

Legal experts discuss reconciliation efforts

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By Naomi Sodetani On the 110th anniversary of the overthrow of the Hawaiian government by American businessmen, a panel of loeal and national legal experts discussed the thorny political quandary that Native Hawaiians face today. Weighty arguments backed up with a paper trail of documents, petitions and treaties ean legally substantiate Hawaiian claims that the sovereignty of the Hawaiian nation has never been extinguished, they say. But, given the widespread politieal 'illusion' that Hawai'i was legally annexed by the United States, how ean Hawaiians wrest bacj full sovereign control? Such questions were tackled against the disturbing backdrop of America's impending war to topple the government of Iraq. The Jan. 17 lunchtime presentation was organized by the Native Hawaiian Advisory Council dba Ke Kia'i in conjunction with the Native Hawaiian Bar Association. A videotape of the program airs this month on 'Ōlelo Ch. 53. NHAC coordinator Ho'oipokalaena'auao Nākea Pa, lead organizer of the event, said, "Many of us are pro-independence, and feel there's not enough infor-

Panellsts (L-R); Native American Rights Fund Director John Eehohawk, Arizona State Unlverslty Law Professor Rebecca Tsosie; and Natlve Hawallan Attorney Blll Mehe'ula.

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mation provided to the community on that option. We've heard more on the Akaka Bill, but we need a halanee, so there's more perspective out there in a fair, balanced way." Panelists were Kahu Kaleo Patterson, Executive Director, Hawaii Eeumenieal Coalition and Pacific Justice and Reconciliation Center; William Kalaniuli Meheula, Native Attorney Representing Hawaiians in "Ceded"/Stolen Lands Case; John Eehohawk, Executive Director, Native American Right Funds; and Rebecca Tsosie, Law Professor, Arizona State University, and Executive Director, Indian

Legal Program. At the event, themed "E ho'iho'i hou ma o ke kaulike a me ka ho'oku'ikahi (Restoration through justice and reconciliation)," the five panelists discussed the question of how "reconciliation" between the actions of the church and the United States government ean be achieved. Tsosie charted out the legal fallacy of U.S. control over the Hawaiian people, control that the Akaka Bill will not erase but will reinforce, she said. The Kingdom of Hawai'i held at least 30 treaties with other eountries, including the U.S., whieh rec-

ognized its standing as a sovereign nation. "Clearly by any stretch of the law, the U.S. was acknowledging the international sovereignty of the Hawaiian kingdom in entering treaties. So what happened?" Tsosie asked. "The kingdom never ceded land or sovereignty. There is no case for it — that's the historical reality." The panelists further debated the question of whether the Akaka Bill seeking federal recognition of Native Hawaiians would, if passed, protect threatened entitlements, as it was intended to do, or foreclose options forever for independence. Pa said, "We cannot allow the government to ignore international law and retreat behind procedural principles when the state and federal Courts should be protecting our right to sovereignty, fee simple title to land, power, treaty rights and basic moral notions of justice. "Inconsistencies about 'ceded lands' and. the role of the government with respect to these stolen lands exist," Pa said. "Our status as a separate 'people' ought to be accompanied by a recognition of our rights to land and territory." "Aloha 'Aina - Love of Country" airs on 'Ōlelo (Ch. 53) on Feb 1 at 8 p.m.; Feb. 3, 10 p.m.; Feb. 4 at 4 p.m.; and Feb. 5 at 10:30 p.m. ■