Ka Wai Ola - Office of Hawaiian Affairs, Volume 8, Number 2, 1 February 1991 — Hawaiian is an official language here, but . . . [ARTICLE]

Hawaiian is an official language here, but . . .

by Paul Nahoa Lucas Do Hawaiians have the right to use Hawaiian in public documents? Recently, I received two phone calls from individuals who wanted to know whether or not they had the right to use the Hawaiian language in public and private transactions.

The first individual was a Hawaiian woman who wanted to write to her bank drafts in Hawaiian. The second individual was a Hawaiian from Ni'ihau who sought to renew his driver's license on O'ahu but later withdrew his applieahon because there was no version of the driver's relicensing examination in Hawaiian. The right to speak Hawaiian is undisputed. Apart from the First Amendment rights protecting the exercise of free speech, Hawai'i has recognized that English and Hawaiian are the official languages of Hawai'i. See Article 16, Section 4, Hawaii State Constitution, and Section 1-13, Hawaii Revised Statutes (1985). This means that a person who desires to speak and write the Hawaiian language may do so in a public forum unless there is some specific law whieh expressly says otherwise.

Similarly, Hawaiian ean be used in transactions involving private individuals and agencies unless there is an express requirement that English is to be used. A eommon question that many Hawaiians have is whether a government agency is required by law to publish its own documents in Hawaiian for the convenience of the native speaker. Beginning in the early 1800's and extending through the early 20th century, many government documents were printed in both Hawaiian and English.

Shortly after the Hawaii State Constitutional Convention concluded in 1978, however, constitutional and statutory provisions were created to specifically require that Hawaiian shall not be required for public acts and transactions. (Article 16, Section 4 of the Hawaii State Constitution and Section 1-13 Hawaii Revised Statutes.) In essence, this means that a government agency is not required to print their documents in Hawaiian for the convenience of native speakers. Nevertheless, the use of Hawaiian language should not be discouraged. Rather, it should be encouraged and promoted by all Hawaiians. In 1897, Chief Justice Albert Judd recognized

the importance of both languages. Specifically referring to legal documents, Justice Judd stated in his opinoin in In Re Ross, 8 Haw. 478 (1892): "We are aware that, though the Hawaiian language is the original language of this people and country, the English language is largely in use. Of necessity the English language must be largely employed to record transactions of the government in its various branches, because the very ideas and principles adopted by the government eome from countries where the English language is in use. Not

that it is exclusively employed, or that the use ot the Hawaiian language in any instance would not be perfectly regular and legal. The records of our courts show pleadings of all kinds in the Hawaiian language received with as mueh approval as those in the English. Whieh language would be used would depend upon the comparative familiarity of the writer with one or the other." Id. at 480. E mau ko kakou 'olelo e ho'omau. E mau ka hana pono o ka 'aina.

Speak Hawaiian for a day

Kaua'i's 11 annual Hawaiian Language Day, "La Ho'oulu 'Olelo Hawai'i," will take plaee Saturday Feb. 16 from 8 a.m. to 2 p.m. at Kaua'i Community College's campus center. Education will be emphasized in a tribute to the 150 years of public education in Hawai'i. An opening panel of kupuna will reminisce about their school days. Activities will then move on to how modern technology has since affected education. Several hands-on activities are also scheduled throughout the morning. After-lunch activities will be traditional Hawaiian fun and music all the way until 2 p.m. OHA ehaimnan Moses Kapalekilahao Keale will emeee the event, as he has since the program's start in 1981.

Those interested in attending should mail their full name (include Hawaiian name), address, phone number, indication of fluency in Hawaiian, and age or grade in school to: Hawaiian Studies, Kaua'i Community College, 3-1901 Kaumuali'i Highway, Lihu'e", Kaua'i, Hawai'i 96766-9691. For more information, eall Dennis Chun at 2458212.

This month, Ka Wai Ola O OHA begins a new section of articles about Hawaiian health. The purposes of the section are: • to prouide information and resources on the full spectrum of Hawaiian health concerns statewide

• to highlight Hawaiians who are hea\th care providers who ean serue as role models for other young Hawaiians • to prouide education on health problems and how and where and who Hawaiians ean go to for health care • to provide knowledge ofand promote respect

for traditional Hawaiian healing practices and practitioners.

The section is being deueloped in cooperation with the Office of Hawaiian Affairs Health and Human Resources diuision, the E Ola Mau organization of Natiue Hawaiian health practitioners, the Office of Hawaiian Health of the state Department of Hawaiian Health, Papa Ola Lokahi, the fiue-agency consortium whieh is now planning Hawaiian health systems statewide, and with the assistance of other members of the community.

Future topics will address, among others: traditional Hawaiian health and cultural practices, recognitiqn and inuoluement of traditional Hawaiian health practitioners in modern health care, health education, Hawaiian inuo\uement in planning healih systems on eaeh

island, and continued news of health seruices auailable to Hawaiians. Readers' comments, questions and suggestions for the new health section are welcomed. Please write to: Ka Wai Ola OHA, 711 Kapiolani Blud., 5th floor, Honolulu, Hawaii 96813.