Ka Wai Ola - Office of Hawaiian Affairs, Volume 10, Number 3, 1 March 1993 — Its goal: to draft a Hawaiian constitution [ARTICLE]

Its goal: to draft a Hawaiian constitution

Bill to convene Hawaiian congress being heard

by Deborah L. Ward The movement for Hawaiian sovereignty has taken on increased momentum, following January's inspiring centennial observance of the overthrow of the Hawaiian nation, and the growing public recognition in Hawai'i that a wrong was eommitted that ean be righted today with some form of redress. What form that redress may ultimately take is the subject of several significant bills on Hawaiian sovereignty introduced in the Hawai'i Legislature in January. Hearings have begun on an OHA-sponsored bill to convene a Hawaiian congress that would begin the process of re-creating a

sovereign Hawaiian nation. House bill 1992 and its eompanion, Senate bill 1639, eall for a congress of 101 elected Hawaiian delegates who would draft "an organic document relating to selfdetermination and self-gover-nanee. " If ratified by Hawaiian voters, this document will define a govemment for Hawaiians. Some typical powers of sovereignty that other native nations have incorporated in their goveming documents are: • definition of citizenship; • powers of justice and taxation; • regulation of land and other resources; • measures to protect the heahh, safety, and welfare of citizens;

• regulation of inheritance and traditional rights including hunting, fishing, gathering, planting and access to lands under jurisdiction of the native government; and, • poliee powers. In preparing and submitting the bill, the OHA trustees are fulfilling their statutory responsibility to conduct advocacy efforts on behalf of Hawaiian self-determi-nation and self-govemance. OHA's role, as seen by board Chairman Clayton Hee, is to facilitate the coming together of all persons of Hawaiian ancestry to debate, deliberate and fashion a new native government. The congress is meant to be an inelu-

sive forum to finally bring together divergent groups.to hammer out a working document for the eommon goal of native sovereignty. Hee added that OHA may also be involved in funding some of the cost of the congress, but will not present its own draft document for consideration by the congress. The projected timeline in the bill was developed to make the most of a favorable political elimate. As a result of the recent centennial observance, many people in Hawai'i are now aware of the circumstances behind the loss of Hawaiian sovereignty and support some form of redress.

Hawai'i's Gov. John Waihe'e has backed the bill as the next appropriate step to Hawaiian sovereignty, and if it is ratified by Hawaiians and accepted by the state Legislature, he would lend weight to ratification by the U.S. Congress. However, his term of office expires in 1995. Senators Inouye and Akaka and Representatives Abercrombie and Mink have all recently voiced their support for Hawaiian sovereignty. The election of President Bill Clinton is also seen as presenting a more positive outlook for Hawaiian initiatives. The bill for a Hawaiian eoncontinued page 3

Hawaiian Congress from page 1

gress had to meet a Jan. 29 deadline for introduction to the Legislature. Because a bill is always a working document, amendments and changes to the bill are expected during the hearings process to allow for input by, and to answer concerns of, various Hawaiian organizations. A concurrent hearing was held last month by the Senate and House committees having oversight over Hawaiian affairs. Additional hearings are expected to be scheduled. OHA Chairman Clayton Hee urged all Hawaiian individuals and organizations to participate in the Hawaiian congress. "Rather than denounce it, participate in the process," he said "Whatever model is decided through a democratic process will have the opportunity for ratification by Hawaiian voters. ...so the people themselves will decide." Terms of the Hawaiian eongress bill:

As introduced, the Hawaiian congress bill calls for 101 delegates to be elected on July 15, 1993, by Hawaiian voters from multi-member districts in Hawai'i. Delegates will have six weeks to review materials related to options they may consider, to organize themselves and their committees, and to hire staff. The congress would convene on Sept. 2, 1993, the birthdate of Queen Lili'uokalani. Delegates will have 60 days to draft the new constitution, then will recess for 21 days to hold hearings in eaeh district to receive comments from their constituents. The Hawaiian congress will then reconvene for another 21 days to consider changes and prepare a fmal document, adjourning by Dec. 15. 1993.

The final organic document will be voted on by eligible voters in a mail ballot ratification election to be completed no later than Jan. 17, 1994, the 101 st anniversary of the illegal overthrow of the nation of Hawai'i. The document will be considered to be approved if a majority of voters in the ratification election vote for it. The bill seeks $3 million in general state funding for costs of the congress, including payment of compensation to the delegates. OHA would be responsible for disbursing these funds. An unspecified amount is also being requested from general revenues for the Lt. Governor's office to conduct voter registration, the election of delegates to the eongress and the ratification election. Definition of districts:

Voting districts are based upon traditional geographic divisions identified by Mary Kawena Pūku'i, and provide approximately equal representation for all persons of Hawaiian ancestry. District lines were drawn based upon data from the 1990 census and the 1991 reapportionment commission, compiled and orga-

nized by the Office of the Lt. Governor. The number of delegates, 101, is large enough to ensure representation from all Hawaiian communities and small enough to operate efficiently. It is approximately the same number of delegates as at the 1978 state constitutional convention.

ISLAND OF HAWAI'I Kohala, Hāmākua, Hilo — Eight delegates to be elected (District comprises state representative districts 1, 2 and 3) Puna, Ka'ū — Three delegates elected (4th rep. district) Kona — Six delegates elected (5th, 6th rep. districts) COUNTY OF MAUI — Twelve delegates elected. At least two must be residents of Moloka'i, and at least one a resident of Lāna'i. COUNTY OF KAUA'I — Six delegates elected. At least one must be a resident of Ni'ihau. If no resident of Ni'ihau seeks eleetion, all six delegates must be residents of Kaua'i. ISLANDOF O'AHU

East Honolulu — Six delegates elected (16th, 17th, 18th, 19th, 20th and 21st rep. districts) Middle Honolulu — Six delegates elected (22nd, 23rd, 24th, 25th and 26th rep. districts) West Honolulu — Seven delegates elected (27th, 28th, 29th, 30th and 3 1 st rep. districts) Eastern 'Ewa — Eight delegates elected (32nd, 33rd, 34th, 35th, 36th and 37th rep. districts) Middle 'Ewa — Eight delegates elected (38th, 39th. 40th, 4 1 st and 42nd rep. districts)

Western 'Ewa — Six delegates elected (43rd rep. district) Wai'anae — Five delegates elected (44th rep. district) Waialua, Ko'olauloa — Six delegates elected (45 th and 46th rep. districts) Northern Ko'olaupoko — Seven delegates elected (47th, 48th, and 49th rep. districts) Ko'olaupoko — Seven delegates elected (50th, 5 1 st and 15th rep. districts) Voter registration According to the bill, Hawaiian voters must register with the Office of the Lt. Governor by May 15 īn order to participate īn the eleehon of delegates on July 15. After the election, voter registration will again be opened to allow participation in the mail ballot ratification election. Eligible voters shall consist of all persons eligible to vote for the Office of Hawaiian Affairs.

Why a mail-in ballot? A mail-in ballot is believed to ensure a larger turnout than a walk-in special election. It will aiso be less costly to conduct. All ballots must be returned by July 15 for delegate selection. Ballots for the ratification election must be returned by January 17, 1994. Election of delegates, duties and privileges Candidates seeking to become delegates will have until June 15, 1993 to take out nomination papers. All they need to do is eollect 15 signatures from eligible Hawaiian voters in their district No filing fee will be required. Eaeh candidate for delegate to the Hawaiian congress must be eligible to vote for the Office of Hawaiian Affairs and must reside in the district in whieh he or she

is a candidate. The candidates receiving the highest number of votes in eaeh district will be elected to the congress. Delegates to the Hawaiian eongress shall, in all cases except felony or breach of the peaee, be privileged from arrest during attendance at the congress and in going to and returning from offieial sessions of the Hawaiian congress. Delegates shall be entitled to a stipend of $2,500 per month, but not more than a total of $12,500 for the entire duration of the Hawaiian congress, plus allowances.

Need for support from the larger community OHA Chairman Hee said while the work of the congress will be done by Hawaiian delegates, the large number of non-Hawaiians who support Hawaiian self-gov-emanee will have an opportunity to support the process by sharing expert advice, mobilizing eommunity support and producing supporting documentation.

Even if a majority of Hawaiian voters approve the new constitution, says Hee, there are more steps to take. It will be the task of Hawai'i's governor to petition the state Legislature to accept and recognize the native govemment as a repository for retum of tmst resources. The governor must then petition the U.S. President for support. He, in turn, must petition Congress to pass a joint resolution to recognize Hawaiian sovereignty.

Despite the daunting path to recognized sovereign nationhood that lies ahead, Hee quotes Queen Liliu'okalani's words, "Never cease to act because you fear you may fail. ..." "We live in a very critical time," he says. "We have the opportunity to restore some measure of justice. It is a tremendous opportunity and a tremendous obligation. "That is why anyone who feels the eall to participate as a delegate should eome forth."

Why a Hawaiian Congress?

OHA Trustee A. Frenchy DeSoto: "Activities whieh eommemorated the Jan. 17, 1893 overthrow of Queen Lili'uokalani and the Kingdom of Hawai'i ... brought together Hawaiians to ... leam about their history, to discuss the wrongs that were done ... (and) to focus on what needs to be done in order to correct the wrongs." "OHA believes the solution to these problems and the answer to the repeated question, 'Where do we go from here?' is contained in these two bills." Tmstee Kina'u Kamali'i: "The Office of Hawaiian Affairs is seeking to begin the process of rebuilding the Hawaiian nation by establishing and funding a native Hawaiian constitutional convention. This ConCon, the Hawaiian Congress would give stmcture and substance to the government." The powers of this government "ean only be decided and accepted by the vote of the Hawaiian people. That is the exercise of sovereignty. That is self-determination."

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January 17, 1993 M" ' Introduce legislation 101 delegates; apportionmentbytraditonaldistricts;multi- ■ CENTENNIAL OBSERVANCE I NATIVE HAWAIIAN CONGRESS member eleehon; 60-day session, recess and reconvene to I (H.B. 1992/S.B. 2129) finalize document; ratification; submittal to Congress b. OHA response e. Gubernatorial endorsement d. Introduction of legislation • May 15, 1993 L a. LG coordination VOTER REGISTRATION I b. Informational effons DEADLINE e. Lobbying • — — — — I June 15, 1993 L a. Apportionment/districts CANDIDATE FILING b. LG coordination DEADLINE e. Ballots/mailing d. Informational efforts • July 15, 1993 L a. LG coordination BALLOT RETURN b. InformationaI efforts DEADLINE Informational efforts ® September 2, 1993 ■ a. Logistical coordination CONGRESS CONVENES b. Staffhiring November 1, 1993 CONGRESS RECESS U November 23, 1993 CONGRESS RE-CONVENES I December 15, 1993 CONGRESS ADJOURNS ^■■■■■■■■■■■^^H^^^l January 17, 1994 k • RATIFICATION OF DOCUMENT I a. Informational efforts DEADLINE b. Ballots/mailing ^^^^■^^^^■■■■■■■^■■■^*