Ka Wai Ola - Office of Hawaiian Affairs, Volume 21, Number 10, 1 October 2004 — Akaka Bill would protect against court attacks similar to Amkaki suit [ARTICLE+ILLUSTRATION]

Akaka Bill would protect against court attacks similar to Amkaki suit

Aloha mai kākou. It appears that the passage of S. 344 (Akaka Bill) is imminent and is the best hope for success in the Arakaki v. Lingle case. The case relies heavily, as reflected in prior court rulings, upon positive action by Congress to allow the creation of a Hawaiian governing entity and to initiate relations with that government. Those who have a respect for the United States and who have a deep love and devotion to things Hawaiian appreciate the need to work within the framework of the law today to correct the results of a century ago when the laws were not so recognized. There are unfortunately some who detest America and refuse to recognize that it has done mueh since annexation to protect our freedoms and lives. It appears the world has passed these persons by, but they still cling to vestiges of the past as an escape from the present with whieh they are dissatisfied. The Hawai'i of today has lost mueh of its identity already by depletion of its natural resources, cultural treasures, knowledge, etc., whieh are gone forever. Our entire family structure and way of life has changed, and we have heeome immersed for better or for worse in foreign cultures whieh now surround us.

This all began way before the overthrow of Queen Lili'uokalani. It began probably even before Kamehameha I and continues until today. Some cannot accept this fact of life and would cling to the hope of a complete return to the past and of all things Hawaiian. This is neither rational nor reasonable. It is time that we realize that our dreams cannot simply praise the past but must face the reality of the future. The present provides a springboard to the future from whieh we ean either spring or flop. Thus the importance of the Akaka Bill in providing a legal basis and argument for the Arakaki case, whieh itself looms as potentially the most devastating decision in all Hawaiian history. Some elaim that Akaka and Arakaki are not important considerations when it comes to Hawaiian rights. They state that any talk of losing benefits is premature, baseless, and scare tactics. OHA and Hawaiian Homes have for years helped thousands of Hawaiians and Hawaiian groups. The federal government has made it possible for more thousands to receive health, educational, business, youth, social and cultural benefits whieh they otherwise would never have received. Every Hawaiian family has directly or indirectly

been blessed by this assistance and aid. If the United States Supreme Court were to agree with the Arakaki plaintiffs that Hawaiians should be treated the same as all other racial groups pursuant to the Fourteenth Amendment Equal Protection clause, then all the above would necessarily have to be terminated forever. We just can't afford to lose Amkaki, especially by capitulating to those of our own who oppose OHA and want out of the U.S. OHA will continue the fight and it should be made known that the Amkaki case has been expedited for hearing in the U.S. Appellate Court, 1132 Bishop Street in Honolulu on Nov. 1, 2004, at 9 a.m. You might wish to attend. It is clear that unless Hawaiians are recognized as an indigenous people in Congress and in the courts, we will lose whatever benefits and entitlements we have today; our future as Hawaiians will then exist only in history books whieh will reflect our onee proud past and perhaps the future we lost for our posterity. Is this something we are willing to accept lying down? With the Akaka Bill in plaee, we will be able to stand on firm ground and protect our past, preserve the present and prepare for the future. ■

Boyd P. Mossman Trustee, Maui