Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 2, 1 February 2010 — Governor, stand behind the Akaka Bill [ARTICLE+ILLUSTRATION]

Governor, stand behind the Akaka Bill

This letter was sent to Gov. Linda Lingle from Robin Puanani Danner, president of the Council for Native Hawaiian Advancement. Dated Dec. 30, 2009, the letter asks Lingle to support the Akaka Bill with its amendments, whieh is pending in Congress. Dear Governor Lingle:

It has been a full decade since five working groups established by Senator Akaka convened to dialogue on the next century of relationship with Native Hawaiians. The result of that dialogue was the basic principles and values that have guided the Native Hawaiian Govemment Reorganization Act over the past 10 years. As

2010 begins, Native Hawaiians still envision a time when our people will play a more active role in shaping our future by taking responsibility for and determining how best to manage our trust assets to serve and nourish our identity and culture - a host culture that is very mueh a part of every aspect of life in Hawai'i. Governor Linale, in

the 200-year history of the United States, there have been policy-makers that stand out above all others in addressing the unique history with Native peoples - policy-makers who have understood and appreciated the sacrifice of Native peoples in the building of our great nation. These leaders did not view Native peoples as wards

who are ineapahle of greatness or ineapahle of becoming valuable partners in the well-being of loeal governments, state governments or our federal government. These leaders were guided by the principles of democracy, of a humanity that did not hide its face from injustice and who embraced a path forward that placed Native peoples at the table to be full and equal partners in reconciling a destruction of one to build something great for the many. There are Native governments in 35 states of the 50 states in our nation. Eaeh with a government-to-government relationship, eaeh autonomous and eaeh focused on rebuilding Native communities and lifting Native peoples from a destruction that nearly extinguished them and all that they have ever been. Native Hawaiians are at a crossroads, one that requires policy-makers with courage, who see us not as a community to fear,

but as a partner that ean help to reconcile the long-standing issues resulting from our tragic history and help us as a state to move forward to create a bright future for the keiki of Hawai'i. While there are many policymakers to be reminded of, a recent example comes to mind that ean be instructive for us today. Stewart Udall, a young policy-maker in his day, was appointed as the Secretary of the Interior by President John F. Kennedy in 1961, and also served President Lyndon Johnson until 1969. Today, he has a son serving in the United States Senate representing New Mexico and a nephew representing the state of Colorado. While in his position in the Kennedy and Johnson administrations, Stewart Udall showed vision and courage to create a level playing field for the voices of a Native population decimated by the progress of a nation, by the appetite for gold, and the fish and wildlife in their ancestral homelands of Alaska. Secretary Udall called for the halting of

land transfers to the newly formed state of Alaska until state and federal governments had eome to terms with Alaska's original citizens. You ean imagine the poliheal, legal and puhlie reactions to Secretary Udall's position. Opponents and news headlines in the media raised fears of an impending doom for the state. Secretary Udall did so, because it was right. He did so because he did not fear Native peoples; he saw them as equal partners, as vital stakeholders to the past and future of the state of Alaska, and to the nation. He understood that a paper tiger would not do, and that the Native people of those lands, inhabited for 10,000 years, required a way forward that had room for their perspectives, to make decisions for themselves, lest the future repeat a difficult past. Forty-four years after Secretary Udall's decision, whieh was met with ferocious legal battling by the Attorney General and Governor of Alaska, we now know that See LINDSEY ūū pags 15

Rūbert K. Lindsey, Jr. TrustEĒ, Hawai'i

LINDSEY

Continued from page 13

Secretary Udall did exactly the _ right thing. He set the stage for - the opportunity

to change the trajectory of a heartbreaking history and treatment of the Native peoples of that state, and indeed, a new future was forged by all. President Nixon and his administration further strengthened and solidified a federal policy of Native self-determination and self-governance across the country. Today, Alaska Natives, like American Indians, are fully part of the success of their respective states, and with every decade that passes, take on more and more of the responsibilities to implement solutions needed to address their unique cultures and history, as partners with state and federal governments. Governor Lingle, we have long thought that you would be the Stewart Udall of the Pacific. We still believe you ean be the Governor with the courage and vision to see the Native people of Hawai'i as full and equal partners, and to open the door for a new beginning, with a new hope and future for our state. Hawai'i needs its indigenous peoples, Native Hawaiians, to have a seat at the table, to take responsibility for our own future, and to be accountable for the steps that need to be taken for us to reconcile the past. The State of Hawai'i needs to turn a new page that embraces Native Hawaiians as Hawai'i's indigenous peoples in form and substance rather than just in words and marketing. If we eonhnue the past, we will reap its result. The substitute amendment toS. 1011, the Native Hawaiian Government Reorganization Act of 2009, passed by the U.S. Senate Committee on Indian Affairs on Dec. 17, 2009, creates a ehanee for a new future, a path forward that is long overdue. Governor Lingle, the substitute amendment does not create anything new in government relationships. Rather, it accomplishes that whieh you have testified in support of throughout your seven-year tenure as Governor: paritv for Native Hawaiians with other Native Americans in federal policies. We ask that you stand with us, to not turn away now, and to be among the policy-makers we have waited for - that

Hawai'i needs right now at this critical crossroads. If politics is the art of the possible, then for the first time in a decade, what is possible in 2010 is the passage of legislation that gives parity to Native Hawaiians under federal policy, and sets Native Hawaiians, Hawai'i and the federal government on a true path of reconciliation. While our community has been at a disadvantage with state government in control of every aspect of our lands and resources for the past five decades, this bill does not disadvantage state government. What is right for Native Hawaiians and for our state has heeome possible, but we need a Governor with the courage and vision to seize this moment of opportunity. We ask that you be that Governor. We accept that Attorney General Bennett is doing his job as the state's attorney, but we elected you to govern our great state. We ask that you consider the hindsight available to you - the history of all Native peoples when they are given their rightful plaee at the table. We ask that you consider the opinion of Attorney General Bennett, as well as the opinions of other attorneys and legal scholars that have entirely different views, and we ask that you consider what is right and possible for the people of Hawai'i including its original citizens, the Native Hawaiian people. No state government has fallen from the recognition of a Native peoples and their inherent sovereignty under federal law. Undoubtedly, there will be rough waters in our collective future as a state. There may be legal wrangling and great debates ahead, but we must not fear these things, nor ean we ignore a Native population that has waited for a legitimate voice and the opportunity to onee again be responsible for ourselves. Secretary Udall understood this, Senator Akaka understands this, and we ask you to show the people of Hawai'i that you understand this as well. Governor Lingle, we ask that you support the substitute amendment - it is a tremendous pieee of legislation that remedies constitutional issues, addresses Native Hawaiian advocacy organization concerns, advances parity under federal policy, and does not affect the sovereign immunity or rights of state government. Thank you for your consideration. ■