Ka Wai Ola - Office of Hawaiian Affairs, Volume 17, Number 1, 1 January 2000 — Reconciliation: Opportunity for sovereignty [ARTICLE]

Reconciliation: Opportunity for sovereignty

By Kali Watson. OHA staff attorney ĪHE RECENT federal reconciliation hearings represent a historic opportunity for our Hawaiian people. With Rice vs. Cayetano, the very real possibility looms that OHA's independence and our ability to elect our leaders might vanish. Even the existence of the trust, as well as that of DHHL, are at risk. So it is critical that we use this timely opportunity to work together to fashion an immediate and lasting solution. We cannot change history, but we ean build a bright and promising future. Part of the answer lies with the restoration of our Hawaiian nation, an entity independent, yet co-existing with federal and state government. Ending Hawai'i's statehood and seceding ffom the United States are unlikely, but restoring our Hawaiian nahon is definitely possible. The easiest way is by a Presidential Executive Order. Being able to elect our own leaders fosters selfdetermination, self-governance, eeonomie independence and cultural pride. As a Hawaiian nahon, we will

be able to control our destiny and have the ability to build a sustainable future. The resources to make such a nahon viable are already there. DHHL has 203,500 acres with 16,518 acres being recently transferred ehoiee lands. It also has a $600 million state settlement and $90 million federal land settlement. Add this to OHA's $352 million in liquid assets, its vested right to a portion of the ceded land revenues, and the Heely elaim, it becomes obvious that collectively, the resources are there. Not to menhon the assets of the various ali'i trusts: KSBE, Queen Lili'uokalani Trust, Queen Emma Foundation, and Lunalilo Home. However, changes to OHA and DHHL must be made. We don't need "government agencies" with two separate boards. With their leaders being classified as state government employees and their resources restricted by existing laws. they will always be vulnerable to attack and mismanagement. These circumstances also limit the flexibility and potential of the Hawaiian people. I believe the key to success is their consolidation under an independent Hawaiian nahon, whieh ean then gear itself toward eeonomie development. The re-establishment of an independent government structure to govern, manage and develop these resources is needed. Only after the Hawaiian people ean convert and truly control these state and federally encumbered resources through their own independent institution, a Hawaiian nation, ean hue reconciliation take plaee.

ANobel laureate and co-director of the Harvard Project on American Indian Eeonomie Development, Professor Stephen Comell onee said that, "Sovereignty defīnes nahons, but it also defīnes interest zones that cross nahonal boundaries and other poliheal borders. We must take a pragmahc look at sovereignty as a tool for eeonomie development. Free trade zones, enterprise zones and special enhtlement or taxahon areas are defined in terms of access to services and funds or exemphons from regularions and taxes." While DHHL lands are exempt ffom zoning and subdivision requirements, and ean parhcipate in enterprise zones, and OHA ean estabhsh business enterprises exempt from county and state taxahon, as govemmental enriries, they are hindered by bureaucraric red tape and procurement restrictions. These statutory rights are also limited and not always recognized or supported by loeal government. As the past Director of DHHL, I ean say from experienee that it was a constant battle. Research shows that with sovereignty comes the potential for a sound economy. Sovereignty brings accountability. It offers distinct legal and eeonomie market opportunihes, from reduced tax and regulatory burdens for industry to unique niches for gaming and the commercial use of natural resources. Finally, sovereignty secures the bases of development itself: eonhol of one's affairs and resources. It is the primary development resource for the sustainable future of our Hawaiian people. ■

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