Ka Wai Ola - Office of Hawaiian Affairs, Volume 4, Number 7, 1 July 1987 — Agenda Abandoned at AIRI Function [ARTICLE]

Agenda Abandoned at AIRI Function

Native Hawaiian Sovereiantv Dominates Conference

By Linda Delaney, Lands Officer Historians — attempting to make a science of an art — often try to ignore the important of simultaneous events, and speak only of "coincidences." So it was only a coincidence that the 16,000-mile Voyage of Rediscovery by the Hokule'a was ending as the three-day conference at Kamehameha Schools was beginning. Only a coincidence that the two events were seeking a way to the future by affirming the strengths of the past. Led by staff and faculty of the American lndian Resource Institute (A1RI), the conference was originally billed as a series of seminars on "Native Societies in a Modern Constitutional Framework." Timed to coincide with the bicentennial of the U.S. Constitution, the printed agenda promised to explore the legal similarities and differences between the American Indian and Hawaiian experiences.

Except in broad outline, the agenda was quickly abandoned. And the question and potential of native Hawaiian sovereignty dominated all discussions: "Sovereignty exists on a scale of 1 to 100," Charles Wilkinson, A1RI faculty member and University of Oregon law professor, explained. "Onee, Hawaiians were part of an independent nation — near the top of the scale — and exercising far more sovereignty than Ameriean Indians. After the overthrow, you had far less. . ." By provisions of the American Constitution, treaties and Congressional implementation, Indian nations — like the Pueblo, Oklahoma and Delaware tribes — enjoy powers of self-determination within a "government to government" relationship with the United States. Does that mean American Indian nations reject their U.S. citizenship and form a separate country? No. Although described as nations, they function most like a state. As citizens of the State of Hawai'i, we are part of the American nation and subject to federal law. However, certain powers and legal authority— sovereignty — is reserved to the State. Thus, within certain physical and legal boundaries, the State ean pass and enforce laws, levy and collect taxes, own and manage lands and resources. Similar powers — sovereignty — are exercised by Indian nations. However, because they have a federal charter and government-to-government relationship,

their decisions are not subject to State laws but only to acts of Congress. In a moving presentation, Dr. Kekuni Blaisdell addressed the historical loss of Hawaiian sovereignty and shared his dream of a renewed Lahui Hawai'i. His vision was a ehoiee between turning our backs on eaeh other, or coming together to face difficult choices and be aecountable for our own decisions.

Mililani Trask described the recent Constitutional Convention of the Lahui. Hoping to forge a document whieh will lead to a federal charter and the recognition of limited Hawaiian sovereignty, the Constitution outlines an election of Hawaiian delegates from all the islands according to native population. Arched like a rainbow, those attending and co-spon-soring the event reflected the poliheal spectrum of the Hawaiian community: the Office of Hawaiian Affairs, the Hawaiian Homes Department and Commission, the Bishop Estate/Kamehameha Schools, the Native Hawaiian Legal Corporation, the Protect Kaho'olawe 'Ohana, the University of Hawai'i, Hui Alanui 'O Makena, the Hawaiian Civic Clubs, Native Planters and E Ola Mau. Those participating entered discussions about the nature and scope of Hawaiian sovereignty with intensity, conviction, and mutual respect. Lending special seriousness to the discussions was the presence of staff from the U.S. Senate Select Committee on Indian Affairs. Recently-appointed chairman of this Committee is Hawai'i senior Senator Daniel K. Inouye. Although his responsibilities as the co-chair of the Speeial Congressional Committee investigating the Con-tra-Iran scandal did not allow his attendance at the full conference, Senator Inouye delivered the "closing remarks" of the conference. And, at the request of those attending, has agreed to meet in September with members of the conference. Selected by the participants were Dr. Naleen Andrade of E Ola Mau, Mililani Trask, OHA Government Affairs Officer Jalna Keala Dr. Lilikala Dorton of the University of Hawai'i at Manoa, Dr. Blaisdell and Louis Agard. Other high-lights of the conference were an up-date report on the native religious freedom test case by Hawaiian followers of Pele against geothermaI developers on the Big Island. Recently argued before the State

High Court, the case seems destined to be appealed. Those involved expect the issue ultimately to reach the U.S. Supreme Court. Former legislator Norma Wong also addressed the group as the formal representative of Governor John Waihe'e. According to Wong, the Governor will soon announee his support for an end to the bombing of Kaho'olawe and the return of the island to State control. The Hawaiian Voyage of Rediscovery continues. . .