Ka Wai Ola - Office of Hawaiian Affairs, Volume 15, Number 10, 1 October 1998 — Page 24 Advertisements Column 1 [ADVERTISEMENT]

PAID ADVERTISEMENT Nationhood: Obstacles and Opportunity

Efforts to restore the Hawaiian Nation are shaped by history, law and the will of the kanaka maoli. We are also affected by whatever else is happening around us. Among the factors competing against or compelling Hawaiians to take action are: I ^ A renewed openness led by ! the United Nations to recognize the rights of indigenous ! peopies. | [ Discussions on the "UN Draft ► Statement on the Rights of lndigenous Peoples" are being attended by kanaka maoli -- and represent a world forum for influencing American opinion and policy. ^ The "Apology Bill"from the U.S. Congressthat admits the illegaliy of the Amenean role in the overthrow and aeknowledges that: • the Hawaiian people never extinguished their sovereignty; • nor consented to the taking of nearly 2 million acres of public, crown and government lands. The "Apology Bill" endorses a process of "reconciliation" that may lay the foundation for a comprehensive settlement of the Native Hawaiian claims for lands and selfgovernment. ^ An unstable economy that has severely impacted Hawai'i.

The economy ean "cut two ways" - and could add to a backlash against native entitlements or support for an encompassing settlementofclaims. ^ A referendum in November's election to decide whether or not to convene a state constitutional convention. The state constitution is the only document whieh formally recognizes Native Hawaiian traditional and customary rights, describes the Hawaiian Homes and Office of Hawaiian Affairs trusts, and the public trust doctrine for the management of water and other natural resources. Amendments in these areas could be devastating. ^ Efforts by Hā Hawai'i to conductan election of delegates to a Hawaiian Convention At the last Ho'omalu ma Kualoa gathering, the position to "oppose the Ha Hawai'i process as presented" was unanimously adopted. Although many of those present at this meeting support both a convention and the election of delegates, there are a number of serious concerns with the source of authority, confused timing, flaws in approach and laek of funding for the Ha process. More discussion is needed.

Opposition to Ha Process

• SOURCE OF AUTHORITY Ha Hawai'i is a not-for-profit 501 (c)3 organization. In this capacity it is answerable only to its own membership, and is not accountable to the Hawaiian people. The organization cites the "Hawaiian Vote" of 1 996 as its authority - but fewer than half the eligible Hawaiian voters participated in that vote. • CONFUSED TIMING "Ho'omalu ma Kualoa" believes that the convening of a state constitutional convention is a threat to Native Hawaiian rights and entitlements. We urge kanaka maoli to vote NO to the state CON-CON. Other important elections are also occuring in federal, state and OHA contests. Voting for a Hawaiian Convention demands our full attention - not confused timing and dangerously conflicting messages. • FATAL FLAWS IN APPROACH The Hā" Hawai'i process allows the interference of other governments and jeopardizes the culturally-appropriate and politically-free will of the people.

THE PROCESS FOR RJESTORATION AND RECOGNITION

V V What is restoration? Identifying and implementing a non-violent process for Native Hawaiian self-government is difficult and complex. Existing self-determina-tion processes described by international or American laws are not immediately applicable or accessible to Native Hawaiians. For example: • RESTORATION BY TREATY: Governments displaced by armed aggression may function in exile as de jure or "by law" still in plaee regardless of the de facto or "in fact" control of territory by the invading power. In general, however, restoration of a ele jure government requires other nations to wage war or exercise some other form of international sanction to successfully repel the invader; • DECOLONIZATION: In 1946 the Territory of Hawaii was listed or inscribed by the United Nations among the "non-self-governing territories" eligible for • decolonization. Decolonization mandates ! international oversight over the withdrawal of the colonizing power to allow the free ehoiee of the people for independence, free association or incorporation in the colonizing country. Funda- ! mental issues regarding American eomplianee with this process before and during the 1959 vote on statehood fuels the eall for reinscription; • NATION WITHIN A NATION: The United States has historically responded to the challenge of the sovereignty of its "first peoples" by recognizing "nation within a

nation" status within the framework of a trust relationship. However, the current restoration and recognition process administered by the Bureau of Indian Affairs applies only to continental tribes, and amendment of this process or plenary action by Congress would be required to accommodate the Hawaiian Nation. A v "...the settled doctrine of the law of nations, is that a weaker power does not surrender its independence - its right to self-government - by associating with a stronger, and taking its protection..." U.S. Chief Justice John Marshall, >Worcester v. Georgia Opinion < 0RGANIZATI0NS| THE & LEADERS PEOPLE XhoomaluV^ V y

How do we restore the Hawaiian JQation?

Lacking these mechanisms, there is general agreement that the full restoration and recognition of the Hawaiian Nation would require: ^ A process of self-determination: a convention or other mechanism chosen by \ the people to freely deliberate and decide the form and nature of self-government; Ē A governance document. a written constitution or articles to describe the organization and powers of the government; H Popular ratification of the governanee document : a vote by the people / to clearly signify their acceptance of and allegiance to this government; and H A process of recognition: an explicit means for the Hawaiian Nation to establish a formal governmental relationship with another or other nations. Defining and agreeing on the means to implement these processes is the challenge and eomplexity of the Native Hawaiian situation. Finding the answer is the key to the Native Hawaiian nation and future. Ho'omalu ma Kualoa is working to achieve the / unity critical to a credible base of authority for implementation of the chosen process.