Ka Wai Ola - Office of Hawaiian Affairs, Volume 26, Number 9, 1 September 2009 — The OHA Chairperson discusses the Akaka Bill [ARTICLE+ILLUSTRATION]

The OHA Chairperson discusses the Akaka Bill

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It's been a nine-year journey for the Native Hawaiian Governnient Reorganization Act, conunonly known by the nanie of its sponsor U.S. Sen. Daniel Akaka. In early August, the latest version of the Akaka Bill had a hearing before the Senate Indian Affairs Committee. OHA Chairperson Haunani Apoliona was there to testify in support of the bill. Apoliona's presence on Capitol Hill is central to OHA's kuleana. "OHA's role is unique," Apoliona said. "OHA is constitutionally created by the state, and we are by virtue of law the policy advocates for Native Hawaiians." As part of this responsibility, OHA continues to take an affirmative stance on the Akaka Bill. Apoliona recently sat down with KWO to explain OHA's support for a process that would enable Native Hawaiians to eome together and establish a government-to-government relationship with the United States, a main goal of the Akaka Bill.

KWO: You returned from the recent hearing in Washington, D.C., expressing optimism that President Ohama would eome through on his campaign promise to sign the Akaka Bill. Any indication that the hill will arrive on his desk soon? APOLIONA: A very critical aspect of the hearing on Aug. 6 was that it was the last day the Senate was in session. Because the bill progressed to this point before Congress' break, it makes it possible from a procedural perspective for it to go to the president this session. The next step is for the Hawai'i congressional delegation to review the current legislation to consider any amendments they may wish to include as a result of Committee hearing testimonies. For this, they leave the record open for a specified number of days after the hearing. I am sure that our delegation wants to ensure that the House and Senate versions are aligned. That helps to move the legislation forward. Then the next step is a full floor vote by the Senate or House. So again, by meeting this August deadline, we are optimistic that the process will proceed in a timely matter. KWO: Obama's support for the Akaka Bill is in stark contrast to the opposition of the previous administration. What tangible signs of this change did you experience last month in Washington, D.C.? APOLIONA: It was important to have a representative from the new admin-

istration's Department of Justice there in support of the bill. Obama has been in office for less than 300 days, and yet his administrative leadership is already filtering down to other levels. The Department of Justice has always been the watchdog on the constitutionality questions that have threatened Hawaiian programs since the Rice v. Cayetano decision opened the door to such litigation, so it is a significant turnaround to have (the DOJ's) support. Definitely our experience with the former administration was frustrating. This was especially so in 2006, when we had the cloture vote on the bill. We sat in the gallery, hearing lawmakers make erroneous statements about Hawai'i back then. I am sure all the Native Hawaiians who were there couldn't help but reflect back on the period of time when the Queen had traveled to Washington, D.C„ only to hear these type of distortions. KWO: What is the most eommon criticism of the Akaka Bill and how have you addressed it? APOLIONA: Congress cannot create an international entity. The eoneem of the (Hawaiian advocates for independence) is that enactment and implementation of the Akaka Bill would end their efforts and pursuit in the international arena, but this is open to interpretation - as are the many different definitions of independence or sovereignty. Among Hawaiian-inde-See APOUONA on page Ū4

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"Forthe Native Hawaiian community that ultimately organizes itself, we may not follow an existing model. We ean go as far as our imagination may take us in this process." — Chairperson Apoliona

Photos: Nekon 6aspar

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pendence advocates, it was Poka Laenui who voiced an inter-

esting philosophy at an East-West Center forum in 2002. He made the statement, 'Don't ask me to give up my long-term dream for Hawaiian independence.' But since this was at a time when litigation against Hawaiian programs was starting to siuface, he also said, 'We don't want to lose resources and benefits that currently serve Native Hawaiians.' The point he was making was that supporting passage of the Akaka Bill should not be looked at as an 'either-or ehoiee.' Rather, he looks at it as a 'this now, that later' scenario. Perhaps more of the 'independents' will grow to share his vision. KWO: Looking at \laskan Natives and Native Americans, the two aboriginal indigenous groups that have federal recognilion. do you see any models for success? APOLIONA: I can't point to a specific example, but we know of tribes that have fortified their economy and made great strides elsewhere (as a result of gaining federal recognition). For the Native Hawaiian eommunity that ultimately organizes itself, we may not follow an existing model. We ean go as far as our imagination may take us in this process. That's part of the whole self-deter-mination concept: the native people decide for themselves what works and, at the same time, this new entity has an affirmed politieal status recognized by the Congress and the United States of America. Right now, we derive benefits under programs of individual public laws enacted, but since the Rice v. Cayetano ruling in 2000, litigations have been filed alleging these programs must be eliminated because they are raced-based. But onee the federal government affirms that Native Hawaiians are aboriginal, indigenous peoples, like Alaskan Natives and Native Americans, even if litigation continues, it is unlikely to go anywhere. KWO: How important is the passage of the Akaka Bill to the settlement of ceded lands claims? APOLIONA: If we look at Senate Bill 1677 (enacted into state law in 2009), any transfer or sale of ceded lands now requires twothirds vote, whieh politically is very unlikely. So for now we have that protection. But poliīieal tides are bound to change with time. Under the Akaka Bill, any negotiations about ceded lands would not likely be simple or easy, but we would be negotiating as a Native Hawaiian Government, affirmed by federal policy, on the issue of Native claims to our national lands. KWO: One of the amendments OHA is requesting to H.R. 2314 - the latest ver-

sion of the Akaka Bill - makes a provision for the process of establishing the new Native Hawaiian governing entity through a federal commission that would develop a roll of all possible participants. Why are you opposed to this? APOLIONA: The OHA Board of Trustees, by board action, has suggested amending the bill to eliminate the conunission. The idea is that American Indians and Alaskan Natives never had to establish a commission to identify or affirm who is aboriginal, native and indigenous in their community - like Native Hawaiians, they know their 'ohana. If the goal is for Native Hawaiians to manage this process of self-determination, then Native Hawaiians should be managing the steps in the process, the first of whieh is enrolhnent to participate in organizing the Native Hawaiian governing entity. In addition, the federal govermnent would be spending money for the coimnission. Why not redirect such expenditures in this tough economy? KWO: What is your the rationale for asking that the hill redefine Native Hawaiians as those who ean trace their ancestry to 1778 or before the arrival of Westerners, instead of the overthrow year of 1893, as the language reads in the current version of the bill? APOLIONA: In the enactment of its many federal programs since the 1970s to serve

Native Hawaiians, the Congress has eonsistently defined Native Hawaiians in a most inclusive manner pursuant to the 1778 definition, whieh ensures I that to participate one must be Native Hawaiian, with no reference to a blood

quantum. The OHA Trustees have taken the position that this 1778 definition pro- Ā vides all Native Hawai- ^Ē ians, inclusively, the ^Ē option to choose to par- ■_ ticipate. More inelusion means we build a stronger, healthier entity for govemance. V KWO: If the Akaka Bill is signed into law, will the listings of Native Hawaiians developed under OHA's Kau Inoa initiative assist in identifying those who are eligible to particiSee APOUONA ūū pagE 24

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CūntinuEd fram page 04 pate in the governance-building process? APOLIONA: The registrations generated by Kau Inoa are not and were never intended to become a data base for the Akaka Bill, but the process of Kau Inoa has been essential in raising consciousness in regards to the Akaka Bill and the option of reorganizing a Hawaiian government, because we've been reaching out here and across the nation. As a result, more Native Hawaiians are aware of the potential and the meaning of the coming steps towards a Hawaiian nation. This has helped Hawaiians to learn more and consider what their participation may mean. With Kau Inoa, OHA has registered over 110,000 people and that is evidence that Native Hawaiians are not oblivious to their polhieal future and are looking beyond the immediate horizon towards a better time. KWO: One last amendment you are seeking asks for a clarification as to whether the current version of the Akaka Bill would give the federal government immunity from individual lawsuits regarding personal injury. Can you comment on this and discuss how likely it is that this and the other amendments you've recommended will be incorporated? APOLIONA: There is language in the claims section that suggests that individual people (under the Hawaiian govermnent) could not sue the federal government if they were wronged.

This would roll back on a right that belongs to all citizens now. It may not have been intended to read this way and, in fact, this language is inconsistent with other (findings and provisions) in the bill. But we want to ensure that someone who became injured would not be barred from finding legal remedy. Ultimately, what comes out of this in Congress is the delegation's expression. But we want to raise these concerns, and we trust that our congressional delegation will see them as valid. KWO: In your latest testimony before the U.S. Senate, you described the Akaka Bill as providing Hawaiians with an opportunity to forge their own unique form of governance. How do you see this unfolding? APOLIONA: Key to the implementation of Akaka Bill process, whieh then would lead to the establishment of governance operating and interfacing with state, federal and county authorities, is the critical role of leadership. Native Hawaiian leaders must embody and appreciate Hawaiian cultural values. If we let those cultural values escape us, then whatever we produce will be nothing different from those forms of govemanee whieh we dispute. To create something uniquely Hawaiian, leaders must hold close to those Hawaiian values as their foundation. KWO: Any single Hawaiian cultural value that you feel is especially important to this foundation? APOLIONA: We talk a lot about the concept of lōkahi: halanee of God, man, nature. You don't achieve lōkahi without acting with perspective or ha'aha'a, speaking what is right, respectfully.

'ōlelo pono, and caring about the manner and method of the workyou do. All of those are values that demonstrate one hving lōkahi. And it's more than just knowing these words; it's about living the culture. It's what is inside the person that determines how someone will behave. To me, the future (of Hawaiian governance) is leaders and eommunity living lōkahi, our cultural values, that is the beacon that will light the path. KWO: OHA's journey with the Akaka Bill has coincided with a time of overall increased apathy and skepticism about government. Nonetheless, the bill has stirred a lively puhlie discourse on Hawaiian governance. Care to speculate on what has sparked such interest? APOLIONA: Something clicks inside of people, so they say, I am ready to act for the future. The 2000 census map helped to spur our efforts, as it identifies the number of Native Hawaiians in all 50 states from Hawai'i to the East Coast. To settle this long-standing question about the political status of Native Hawaiians would do mueh for the unresolved part of our history. For some, it will leave more work to do. It will not correct history. I go back to the statement that the Queen made in 1917 about the meaning of aloha. She leads off by saying, 'I could not turn back the time for pohtical change, but there is still time to save our heritage.' There is a fine line. Poliīieal change is here to stay. So that tells me that we view the work of the Office of Hawaiians Affairs and (OHA's advocacy for the Akaka Bill) as an attempt to recover, in this phase of our poliīieal reawakening, this halanee that the Queen said we should strive for. ■