Ka Wai Ola - Office of Hawaiian Affairs, Volume 31, Number 8, 1 August 2014 — OHA submits comments in support of proposed federal rulemaking [ARTICLE]

OHA submits comments in support of proposed federal rulemaking

By Garett Kamemoto The Office of Hawaiian Affairs submitted comments to the U.S. Department of the Interior and the Department of Justice strongly supporting federal rulemaking that could re-establish a govemment-to-govemment relationship with a Native Hawaiian government onee one is formed, saying, "Our community cannot heal until the federal government shows meaningful respect to our dignity." OHA's Board of Trustees supports the federal rulemaking process because it has a legal duty to advocate for the protection and advancement of Native Hawaiian benefits and rights, protection

for Native Hawaiian trusts and preservation of millions of dollars in federal funding that llows to programs that support Native Hawaiians. According to the written testimony, "re-establishment of a government-to-government relationship between the United States and the Native Hawaiian eommunity is the most viable aehon that could be taken to protect and expand existing trust assets, federal programmatic funding, federal consultation rights and other self-determination rights under federal law." The testimony adds: "We should not be denied the basic self-governance rights afforded all other major indigenous groups

in the nation. We have suffered through colonization and the dispossession of our lands, resources and culture, and the hearts of our people eonhnue to be burdened by these historic injustices, as recent oral testimony made clear." OHA stressed that the rulemaking process opens one pathway that a Native Hawaiian goveming entity could choose, but that it must not limit Hawaiians' rights to seek intemational redress. OHA recognizes many in the community are concerned that Native Hawaiians' right to seek international redress should be preserved. OHA told the federal government the rulemaking SEE G0MMENTS ON PAGE 10

C0MMENTS

Continued from page 4 should not abridge other forms for redress, saying, "The rule should open a path for re-establishment of a domestic government-to-government relationship that will not, as a legal matter, affect paths for international redress." OHA is working on a process through whieh Native Hawaiians ean reorganize a Native Hawaiian government utilizing a base roll certified by the Native Hawaiian Roll Commission. OHA is supporting the election of delegates to a governance 'aha to propose the form, scope and principles that would guide the government, if it is approved by a referendum of Hawaiian voters. Any government formed through this process could ask to be recognized by the federal government, if a process for a government-to-government relationship is established. ■