Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 4, 1 April 1996 — HSEC Primer: What are the Consequences of Native Hawaiian Vote? [ARTICLE]

HSEC Primer: What are the Consequences of Native Hawaiian Vote?

by Pearl Leialoha Page This summer Hawaiians will be asked to vote 'yes' or 'no' to this question: Shall the Hawaiian people elect delegates to propose a Native Hawaiian govemment? This will be the first step in the process to determine the will of the indigenous Hawaiian people to restore a nation of their own choosing, said HSEC chairman Sol Kaho'ohalahala. "The eouneil feels this is the only valid, fair process to get our people involved. and the only way to give our people a fair ehanee at it, now," said HSEC executive director Tara Lulani McKenzie. The Nation of Hawai'i recently spoke out in support of the Hawaiian Sovereignty Elections Council since it replaced the term plebiscite with the wording Native Hawaiian Vote. Earlier this year, The Nation of Hawai'i urgently requested that the term be changed to more accurately reflect the true nature of the vote. "Unity among the people is the single most important factor in the restoration of sovereignty," says an internet message from

Nation of Hawai'i. "It doesn't mean all have to agree but we ean identify the eommon ground and work from there. ... HSEC is one important aspect of the unifying process," it said. "We see opposition to HSEC as a drain of valuable time and energy, and support for them as a unifying action" Why this question, why now? HSEC was formed by legislative mandate in 1992 and is made up of 20 members, all appointed by the govemor from names submitted by Hawaiian organizations. Act 359 specifically asked that at least four groups be represented on the eouneil: the Hawaiian Civic Clubs, Hawaiian Homesteaders Association, Office of Hawaiian Affairs and Ka Lāhui in order to obtain a wide range of Hawaiian representation. However, Ka Lāhui refused to participate. The eouneil then held public hearings statewide in October of 1993 and again in January of 1994 to get input ffom the larger Hawaiian community. "We went to every island, except Ni'ihau, and held hearings and the majority of the people called for this particular question," Pōkā Laenui, HSEC member recounted. "And they said they wanted to be asked this question, 'right away in 1995.' I was in opposition. I didn't īhink we were ready to vote due to the confusion and need for greater education.

However, their response was, 'We waited over 100 years we cannot afford to wait longer.' The majority felt it should be immediately," he said. What's the state's interest? "The state hqg never interfered with, or influeiyed the important work of the eouneil," said McKenzie. "Neither are the eouneil members paid employees of the state. They receive a travel stipend, but other than that, they are volunteers working for the good of Hawaiians and hold jobs of their own," McKenzie said. "Most importantly, a standard of intemational law requires powerful eolonial governments and their states to assist with the process ofdecolonization, according to Article 73 of the Charter of the United Nations," she explained. If the majority votes 'yes' then we expect to follow up with the selection of 200 delegates," explained Laenui. "A 'no' vote simply means the process stops. We ean always eome back and ask again; however, there's no guarantee that there will be state funds to assist. We won't know what the poliheal environment will be later. I believe that now there is a rare opportunity." This session, legislation has been introduced (H.B. 3283) to reflect the change in terms from 1 pletoiS<;itē t(TNatrve Hawailan Vote, and also to delete a section that some Hawaiian groups have opposed whieh says: "Nothing arising out of the Hawaiian convention ... shall be applied or affect the constitution" "Whether that section is in there or not, makes no difference," eommented Scotty Bowman OHA governmental affairs officer. "Changing the state laws is the job of state legislators. Onee Hawaiians have gone through the process of naming delegates, and deciding on a form of government and produce an organic document defining themselves as a nation, then that document ean be submitted to the state Legislature, not for approval, but for action as to what changes need to be made to the constitution to accommodate it, if they are still sincere about doing right by the indigenous people of this land." An historical vote It will be the first vote of its kind not based upon citizenship or residency, but on ancestry and age, said Debbie Behm, HSEC education coordinator. Those eligible to vote are "any descendant of indigenous people inhabiting the Hawaiian islands whieh exercised sovereignty and subsisted in the Hawaiian islands prior to 1778" and will be at least 18 years old by Sept. 2, 1996. Registered voters will be mailed a ballot beginning July 1, 1996. Efforts to educate and register Hawaiian voters will intensify over the next five months. "The question proposed in the Native Hawaiian Vote is not one

that exercises self-determination under international law," said Laenui. "Such a question would be phrased: Shall we remain integrated within the United States? Shall we be in free association with the United States or shall we separate ourselves as a nation? These are the kinds of questions that would

determine whether we had sovereignty on an international scale or not. These are not the questions being asked. These may eome later, but are not being asked now. If the majority votes 'no' the eonsequence is that no aeīion is taken, but that's what we have now," he said.

The outcome will be decided by the majority of ballots retumed. A ballot that is not retufned will not count either way. "That's why we encourage everyone to participate because this is their ehanee to say what they want," Behm said. Call (808) 587-2834 to register.

"Unity among the people is the single most important factor in the restoratiōn of yu sovereignty " - Nation of Hawai'i