Ka Wai Ola - Office of Hawaiian Affairs, Volume 23, Number 6, 1 June 2007 — Akaka Bill is a no-brainer [ARTICLE+ILLUSTRATION]

Akaka Bill is a no-brainer

Bnyd P. Mūssman TrustEE, Maui

Aloha kākou. Mueh has transpired this past month and I would like to comment on some of the issues. • Akaka Bill - Both the House and Senate passed out of committee bills known as the Native Hawaiian Government Reorganization Act. The Department of Iustice (DOI) presented testimony questioning the constitutionality of the bills as being race based. No acknowledgement was given by the DOI of the status of Hawaiians as the indigenous people of Hawai'i who have shared their land and being with all who have immigrated to Hawai'i and consequently lost most of what they onee had. No acknowledgement is given to the federal government's recognition of Alaskan Natives as justifying equal treatment for Hawaiians. No acknowledgement was given to the argument that justice and fairness demand preservation of an entire people who never gave up their sovereignty or willingly heeame citizens of the United States. Comments that this hill would divide our society and provide precedence for further "balkanization" of our country fail to recognize that we are the "First People" and all others have assimilated into us and not us into them as aptly noted by Mieah Kane at the hearing. To eompel Hawaiians now to forgo their identity and heeome part of an amalgamate of humanity is to extinguish the identity of an entire native people in their own homeland is to deny justice in the interests of "equality." All Hawaiians need is to be able to take care of their own, and this hill will provide the opportunity to do so. • John Doe v. Kamehameha Schools - Kamehameha made a tactical move that supported its overall strategy as well as the efforts of other Hawaiian organizations, including OHA, by reluctantly settling their case, thereby giving continued life to their admissions policy

favoring Hawaiians and additional time to others to state their case in Congress and prepare for future court battles against Hawaiians. It is simply a fact that Kamehameha needs the Akaka Bill and federal recognition for any future litigation to be halfway assured of success. The federal courts have repeatedly pointed out the laek of any federal legislation recognizing Hawaiians and have noted the weakness of arguments seeking preference for Hawaiians without it. The Kamehameha legal team did the right thing and Hawaiians have thus had their existence extended until the next court battle. • OHA has launched a major effort to make a statement in Hawai'i as a player in land and real estate matters. The Board of Trustees passed a new land policy, whieh if completely implemented will establish OHA as a serious participant in land matters in Hawai'i. We have been working on affordable housing for two years now and hope to see results soon. We purchased lands for preservation. We want to look at land for investment and also secure cultural and legacy lands. We hope to receive ceded lands in the future. Again, all of this is dependent upon the courts upholding Hawaiian preferences and OHA surviving until a new government is in plaee to focus upon the needs of our Hawaiian people. • Finally, I attended the University of Hawai'i graduation recently and was pleased to see a respectable number of Hawaiian graduates, especially in postgraduate studies, including medicine, law and education. I am proud of these graduates and look to their leadership of Hawaiians in the future. Many more will follow, but without adequate funding for them from federal and private monies that today are still secure from legal attack, our future will be in jeopardy. The Akaka Bill will help our people and will protect us from legal attacks, and should be a no-brainer. However, for those who want only complete independence, the bill seems to present a problem. Considering the above, we need to exercise eonunon sense, secure our existence, help our people and holomua. E

- LEO 'ELELE ■ TRUSTEE MESSAGES