Ka Wai Ola - Office of Hawaiian Affairs, 1 March 1983 — STUDY COMMISSION SPLIT [ARTICLE+ILLUSTRATION]

STUDY COMMISSION SPLIT

TW0 REP0RTS T0 G0 T0 C0NGRESS

In an attempt to keep the community informed of their acti\ities. the Hawaii members of the Native Hawaiians Study Commission have been makingpublic appearances throughout the State. Commission chairperson, Kina'u Kamali'i and commissioners H. Rodger Betts and Nona Beamer have made presentations under the auspices of Alu Like, ine. in cooperation with the Hawaiian Services Institutions and Agencies in the communities of Nanakuli, Ewa, Papakolea. Kahaluu, and Waimanalo on Oahu; Waiakea on Hawaii; Paukukalo on Maui; Kaunakakai on Molokai and Lihue on Kauai. The Office of Hawaiian Affairs has provided the Nati\e Hawaiians Study Commission with very substantial support in the form of funding, research, personnel, facilities and equipment. and public testimony. Late in 1981 and early 1982 OHA sponsored a series of ' statewide community meetings designed to generate interest and support for the NHSC public hearings prior to publication of the commission's preliminary draft report. At considerable expense OHA commissioned six accredited experts, five of whom are Hawaiian, to write research papers on areas inadequately covered by the mainland commissioners. The papers were on health; religion; claims and reparations; language; psychocultural impact of the overthrow; and historical overview. ln March 1983, OHA sent two Honolulu attorneys to Washington to act as advisors to the Hawaii commissioners who are constantly faced with Justice Department attorneys whenever the commission convenes there. On Oahu, assistance at individual meetings was provided by eight Hawaiian Civic Clubs, namely; Nanaikapono, Waianae, Puuloa, Kualoa-Heeia, Koolaupoko, Queen Emma, Waikiki and Waimanalo. In addition, the Kona Hawaiian Civic Club sponsored a meeting at the Kona Lagoon Hotel in Kailua-Kona. The commission also participated in a three part symposium at the University of Hawaii sponsored by the Hawaiian Studies Program of the University, and Chairperson Kamali'i is on a luneheon speaker's circuit of various community service organizations. She will also be a panelist on a Native Hawaiian Rights workshop given by the Native Hawaiian Legal Corporation. Other presentations

are being scheduled as requests are received at the commission office. Basically, the Hawaii commissioners are sharing their reasons for submitting a minority, or dissenting, report to the U.S. Senate Committee on Energy and Natural Resources and the U.S. House Committee on Interior and Insular Affairs. They point out that issues and conclusions of vital importance to Hawaiians were not included in the majority report. The Hawaii commissioners attribute this to the fact that the majority of the commissioners (6) are mainland government officials who are political appointees of the Reagan adminis tion, while only 3 members represent Hawaii. A decis was made to submit a report from the minority, memb of the commission as an assurance that the Hawaii voice is heard distinctly and separately. Therefore tv reports will go to the congressional committees. T1 Hawaii commissioners have been in touch with Hawaii Continued on Page 8)

Native Hawaiians Study Commission Chairwoman Kina'u Kamali'i (at Podium) and Commissioner Nona Beamer explain the minority recommendations to members of the Hawaiian eommunity at Kaumakapili church on February 25.

Commission Report (Conūnued from Page 1) congressional delegation and have received a commitment of support from Hawaii Senators Inouye and Matsunaga, and Representatives Akaka and Heftel. The basic Hawaiian recommendation is that the United States Congress acknowledge the illegal and immoral actions of the United States in the overthrow of the Kingdom of Hawaii in 1 893, and indicate its commitment to grant restitution for the losses and damages suffered by Native Hawaiians as a result of those wrongful actions. This recommendation is contested by the mainland commissioners. The entire commission agrees that the native Hawaiian has social, health, eeonomie and educational problems, but differs on the recommendations for resolution of those problems. A synopsis of the "majority" (mainland commissioners') and "minority"(Hawaii commissioners') recommendations on these main issues of contention as they appear in a brochure distributed by Alu Like is as follows: The six mainland commissioners have endorsed the following recommendations:

SUMMARY OF "MAJ0R1TY REPORT" That Congress lake no action on nati\e Hawaiian claims against the United States for the Overthrow of ihe Kingdom of Hawai'i These Commissioners acknowledge that Americans were involved in the overthrow, but because they were not authorized by the President or the Congress, their actions in 1893, do not provide the basis for liability by the United States. That Congress recognize the social and eeonomie needs of native Hawaiiam and that private and state agencies take the lead and major responsihility for meeting these needs The study confirmed that native Hawaiians have distinct needs in the areas of heahh, education, employment, and family ineome. However, these needs would be best met by programs and agencies closest to the Hawaiians. Existing federal programs, for whieh native Hawaiians could apply, are listed. No new federal programs or changes in national legislation is recommended.

SUMMARY OF "MINORITY REPORT" The three Commissioners from Hawai'i dissented sharply from these recommendations. Their recommendations include: That Congress acknowledge the illegal actions of ihe United States in the overthrow of ihe kingdom, and eommil itself to granting restitution f'or the losses and damages whieh resuhed to native Hawaiians. Uniii this restitution is deftned hy Con-

gress and accepted by Hawaiians no federal lands in Hawai'i could be transferred to new uses or sold The presence of Amenean Marines and the actions of the United States Minister in 1893, whether authorized or not, assured the success of the overthrow. The Kingdom of Hawai'i represented the domain and dominion (the lands and authority) of native Hawaiians. Without the consent of our compensation to native Hawaiians, the public lands and sovereignty of Hawai'i were subsequently transferred to the United States by a government whose existence was dependent on the United States. That Congress devise a resolution of compensable claims by native Hawaiians, and that any settlement be subject to formal aeeeplanee bv Hawaiiam Congress could pass a law giving native Hawaiians the right to sue the United States for restitution. However, this process of working through the courts is expensive and slow. This recommendation asks that Congress intervene directly and provide compensation as it did with native Alaskan claims. That Congress include native Hawaiiam in all Native American programs, and that additionaI programs be created to meet the special needs of native Hawaiiam Native Hawaiians are Amenean citizens, and clearly entitled to existing federal programs. This recommendation asks the Congress to recognize native Hawaiians as an "indigenous people" — like the American Indians and native Alaskans — who qualify for special native American programs. In addition, because many of the social problems experienced by native Hawaiians are a consequence of changes brought about by the overthrow, it is a federal responsibility to help repair these damages with specific programs in health and education.

Calendar of Meetings And Events for the Office of Hawaiian Affairs May: Board Meeting to be held on the island of Hawai'i (Friday, May 6) Holidays & Events: May 8 (Mother's Day), May 30 (Memonal Day) * June: Board Meeting to be held on the island of O'ahu (Thursday, June 9) Holidays & Events: June 1 1 (Kamehameha Day), June 19 (Father's Day) July: Board Meeting to be held on the island of Moloka'i (Friday, July 1) Holidays & Events: July 4 (lndependence Day), July 31 (Restoration Day) August: Board Meeting to be held on the island of Kaua'i (Friday, August 15) Holidays & Events: August 11 (1813, birth of Kamehameha III), August 19 (Admission Day) September: Board Meeting to be held on the island of O'ahu (Friday, September 2) Holidays & Events: September 2 (1838, birth of Lili'uokalani), September 5 (Labor Day), September 16-24 (Aloha Week) October: Board Meeting to be held on the island of Maui (Friday, October 7) Holidays & Events: October 10 (Discover's Day), October 16 (1884, death of Bernice Pauahi) November: Board Meeting to be held on the island of O'ahu (Friday, November 4) Holidays & Events: November 11 (Veteran's Day), November 16 (1836, birth of Kalakaua), November 30 (1863, death of Kamehameha IV), November24(Thanksgiving Day) December: Board Meeting to be held on O'ahu (Friday, December 2) Holidays & Events: December 1 1 (1830, birth of Kamehameha V; 1872, death of Kamehameha V). December 15, (1854, death of Kamehameha III), December 19 (1842, U.S. recogniz.es the Hawaiian Kingdom); December 25 (Christmas Day); December 31 (New Year's Eve) Board Meeting dates are subject to change. For further information please eall the Office of Hawaiian Affairs, main office in Honolulu (548-8960)