Ka Wai Ola - Office of Hawaiian Affairs, Volume 11, Number 12, 1 December 1994 — Hoʻolahui hou Re-building a nation [ARTICLE+ILLUSTRATION]

Hoʻolahui hou Re-building a nation

Hawaiians are born with the right of sovereignty. It is an inherent right of all Native Americans to determine for themselves how they want to be governed, how they want to decide certain issues that are unique to them as indegenous people. Many Hawaiians and non-Hawaiians are uncertain what a restored Hawaiian nation would look like. This uncertainty has caused understandable hesitancy relating to the process itself. But what choices are available to Hawaiians in exercising their right of sovereignty? What might their new nation look and feel like, and what is necessary to have this sovereign nation recognized by existing nations, governments and people? Onee Hawaiians regain their sovereignty, what will it give them? What will they

lose? There are different answers to these and many other questions, depending on what form, or model, of government is chosen. Basically, there are three models to choose from: 1. "international" model, 2. "nation-within-a-nation" model, 3. "state-within-a- state" model. Many variations are possible within eaeh model. The final look and feel of a restored government is up to today's Hawaiians. In addition, it is possible that Hawaiian self-government may evolve from one model to another. A 15-minute video entitled "Sovereignty Hawai'i," whieh explains the basics of

eaeh mode is available from the Office of Hawaiian Affairs ($10 plus $2 postage and handling). Hawaiian Vote Will Determine Sovereignty Process All Hawaiians eligible to vote will soon be asked to make important decisions about their lives, and the future of their children and all generations. • First, in 1995-96, Hawaiians will be asked to vote on whether to convene a special Hawaiian convention that will develop a document describing what the government of a restored Hawaiian nation will look like. This plebiscite will be eon-

ducted by the Hawaiian Sovereignty Elections Council by a mail-out ballot. • Second, if Hawaiians answer "yes" to the plebiscite, they will then be asked to elect delegates to the Hawaiian convention. This election could take plaee in 1996, with the convention being held later the same year. • Third, onee the work of the Hawaiian Convention is completed, Hawaiians again will be asked to vote on the convention's finished product. That is, Hawaiians will be called upon to ratify — by voting "yes" or "no" — the final document describing their restored nation. The process will be democratic, and all Hawaiians eligible to vote will be encouraged to participate in the process.

International Model

When the Hawaiian nation was overthrown in 1893, it was an independent nation with a written constitution. It had its own currency and postal system, and had concluded extensive treaties with other

countries around the world, especially the United States and Great Britain. 1 f Hawaiians chose to re-establish this model, a portion (or all) of the present Hawai'i would become separate from the United States. It would rejoin the international community as an independent nation, mueh like the other

independent island nations of the Pacific. Full independence, however, would require a vote of all the people, Hawaiians and non-Hawaiians alike. As an international entity, the government would establish a separate legal system, with accompanying poliee powers. It would assume all other govemmental powers now handled by the state and federal govemments, with the possible exception of defense (whieh could be arranged through a bi-lateral agreement). Taxes would be due only to the re-established sovereign nation, and it would have the power to establish its own stamps and currency (although that currency could "parallel" the U.S. dollar, as in Canada). The re-established nation would determine what form of government it wanted to follow, and defme qualifica-

tions for its citizenship. These citizens would no longer be subject to the U.S. Constitution, but would be governed by the constitution, laws and courts of the new Hawai'i nation. Powers of this government would be recognized through international law and treaty relationships with other countries, as they were a century ago. Its relationship to the United States would be similar to that of other internationally recognized countries. Relations between the two independent nations would be spelled out in joint treaties governing travel, trade and the treatment of eaeh other's citizens while they are within the boundaries (and under the jurisdiction) of the other nation's govemment.

Nation Within A Nation

Under provisions of the U.S. Constitution, the U.S. Congress has allowed more than 300 Native American nations to have unique rights to exercise self govemment. More than 200 Alaskan, Aleut and Eskimo village and corporations also have this unique right. These are commonly referred to as "nations within a nation." This relationship between the U.S. and the indigenous American nations recognizes that the inherent right and exercise of native sovereignty pre-dates the United States itself. Unlike other Americans who chose to emigrate to the U.S. and become a part of this country, nearly all Native American groups were conquered by acts of war, and forced to become a part of the U.S. or perish. Hawaiians share a similar history with other Native Americans. Thus, Congress could pass special legislation

to recognize a Native Hawaiian "nation within a nation," just as it has done with other Native American groups. If Hawaiians choose a "nation-within-a- ■ nation" model, they

could elect to establish a form of govemment similar to that of one or more other Native American groups. Or they could opt for some form of free association similar to that of Puerto Rico and Guam. Under the nation-within-a-nation model, the Hawaiian govemment would deal directly with the U.S. government, and would exercise powers very mueh like one of

the states. Matters whieh now are managed for the states by the federal government, such as defense, intemational relations and money, would still be managed by the U.S. government. Most matters whieh now are reserved to the states would become the responsibility of the new Hawaiian government. The Hawaiian nation would be independent from the state of Hawai'i, in mueh the same way people in Califomia are exempt from laws passed in Massachusetts. The new nation-within-a-nation would have responsibility over such issues as loeal taxes, inheritance, domestic laws and poliee powers. Management and use of lands, natural resources and other identified assets of the new Hawaiian nation would be subject only to federal and Hawaiian laws.

State Within A State

The constitutions of the United States and the state of Hawai'i provide for political subdivisions such as counties, townships and municipalities. These ean be created by an act of the state Legislature, as were the counties of O'ahu, Maui, Hawai'i and Kaua'i. Similarly, the Legislature could create a Hawaiian state within the state of Hawai'i with powers to define membership and enact ordinances relating to taxes, land use and zoning, poliee and justice systems. These powers also could be expanded beyond those now

exercised by the counties to include administration of family court issues or poliee powers relating to the exercise of traditional Hawaiian rights. The Legislature also could transfer existing assets of the Department of Hawaiian Homelands and Office of Hawaiian Affairs to this new entity. Citizens of this "state-within-a-state" would still be governed by the U.S. and state constitutions, but would be exempt from existing county jurisdictions. Instead, they would be subject to the ordinances and charter of the new

1 Hawaiian state. At present, many of the Native American tribes whieh laek federal recognition do have state-within-a-state" status by virtue of their formal standing within ' their respective states.