Ka Wai Ola - Office of Hawaiian Affairs, Volume 16, Number 9, 1 September 1999 — U.S. changes its policy toward Hawaiians; federal legislative update [ARTICLE+ILLUSTRATION]

U.S. changes its policy toward Hawaiians; federal legislative update

TRU STEE MESSAGES «»

✓ EVERAL EVENTS have V occuired that signal a radical A change in United States poliw cy toward Hawaiians. When the Apology Bill (P.L. 103-150) was signed into law in November 1993, Congress endorsed a process of "reconciliahon" with Hawaiians. The law, supported by the Clinton administration, acknowledges the illegality of the overthrow, violations of international law and the deprivation of Hawaiians' right to self-determination. Itspecifically states Hawaiians never relinquished their sovereignty or their land by plebiscite or referendum. This point is significant when considered in light of annexation and the 1959 Constitutional Convention by whieh statehood was imposed. The Apology Law does not identify who in the U.S. government would begin the dialogue on "reconciliation." But, in the

last 30 days, Janet Reno, U.S. Attorney General, designated Mark Van Nonnan, Director of the Office of Tribal Justice to work on Hawaiian issues and Bruce Babbitt, Secretary of the Interior, designated John Berry to represent the agency in reconciliation efforts. Berryplayeda significant role in concluding the Department of Hawaiian Home Lands settlement, and Van Norman has been in Hawaii for meetings on the draft declaration and civil rights. These appointments signal the willingness of the U.S. to begin a dialogue on Hawaiian issues. Theyshould be seen as a prelude to the dialogue on "reconciliation" under P.L. 103-150. Another significant event has been the U.S. amicus curiae brief filed in Rice vs. Cayetano. Mr. Rice and his attorneys met with Seth Waxman in Washington to solicit support. Following this,

an OHA delegation, including our D.C. and loeal eoun- < sel, had a three-hour meeting < with Waxman and staff from < Interior and Justice. I ' believe this session was the primary reason for the U.S. position in the case. Waxman not only supported the

validity of the OHA eleehon ( p-ocess, but also acknowledged < the U.S. trust obligation to ; Hawaiians and the uncompensat- I ed taking of Hawaiian lands . i

These events reveal a significant shift in the U. S. position toward Hawaiians. They also raise questions Hawaiians must begin to address. How do Hawaiians define "reconciliation ?" How do sovereignty groups, 'ohana and OHA propose "reconeiliahon" efforts proceed? The Apology Law indicates "Hawaiian claims" have not beenwaived. Consequently, a reconciliation effort would address and resolve claims referenced in the Apology Law. Recendy, OHA's team met with representatives of the Departments of the Interior, Justice and Housing and Urban Development on S. 225. None of the federal agencies had any objections to broad language allowing all impoverished Hawaiians to qualify for federally-funded, low-ineome loans for homes on state or other trust lands. Meetings with the Senate Housing and Banking Committee staff were also very productive. The committee's Republican leadership had no objections to OHA's amendments. Nonetheless, SenaDan Inouye continues to refuse to support them and refus-

es to hold hearings on this measure in Hawaii. Pinky Thompson and Papa Ola Lokahi are recommending significant changes to the Native Hawaiian Health Care measure. As a result of my last Ka Wai Ola article, Thompson now says he will delete the word "eompact" from the bill. However, the fifth draft still provides Thompson and Papa Ola Lokahi with the power of a sovereign entity. Most importantly, under the new "Pinky Draft," Papa Ola Lokahi will receive and control all federal funds for Hawaiian health even though Papa Ola Lokahi has no background in providing primary or acute care services to Hawaiians. The fifth draft does not serve the interests of Native Hawaiians. Whatit does do is perpetuate the "old boys club" approach of providing federal funds to a few wellconnected individuals. Weneed to support a good bill whieh maintains the Native Hawaiian Health Care System's prevention and referral programs, but addresses other issues as well. Look for public community information service on this bill in September. ■

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