Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 8, 1 August 2010 — Response to GOP Senators Re: Native Hawaiion Reorqanization Bill [ARTICLE+ILLUSTRATION]

Response to GOP Senators Re: Native Hawaiion Reorqanization Bill

On June 14, 2010, twelve Republiean United States Senators wrote to Sen. Harry Reid, the majority leader of the U.S. Senate, voicing "firm opposition to consideration of the Native Hawaiian Government Reorganization Act of 2009 (S1011)." They cite a letter fromGov. Linda Lingle voicing her opposition to the bill as most recently amended in

December, 2009. 1 am compelled to respond to the Senators. First, the Senators lahel the bill as being "explicitly race-based legislation" that pits Native Hawaiians against other Hawai'i residents. That is pure and simple HOGWASH! The bill seeks to reorganize as effectively as possible a Hawaiian government that was independent and recognized by all nations, including the U.S. The Hawaiian government, at the time

of the overthrow by the United States, was eomposed of Native Hawaiians and those residents who chose to be citizens. My Chinese grandfather chose to be and was a citizen of that government. The bill requires proof of historic ancestry as a Native Hawaiian and self-recognition as such through certain activities and connections to Hawaiian culture. But it goes beyond that. It allows

for individuals who ean show that they are "regarded as Native Hawaiians" to be eligible for enrollment in the process for forming the Native Hawaiian Governing Entity. Furthermore, the Act authorizes the Council, to be established under the Act and given the responsibility for writing the governing documents, to provide the criteria for future membership in the NHGE. And that membership must be purely "voluntary and ean be

relinquished." The Senators also argue that the bill would be contrary to the presumption of "color-blindness and race-neutrality" that they elaim "is now at the core of our legal system and cultural environment[.]" Every student of American history understands that those two phrases were invented by those in the community who still oppose the Civil Rights laws, and particularly the Affirmative Action requirements developed in eomplianee with them. We need to recognize that those expressions are simply camouflage and are meant to hide the retention of eeonomie power by those interests that have always had it and who see their positions threatened by the Civil Rights movement and Affirmative Action. This is more than HOGWASH - it is EYEWASH. The Senators assert that the socalled "Indian Tribes" clause of the U.S. Constitution cannot support enactment of the legislation. They

elaim that Congress only has the power to "recognize" tribes that have always had "a separate and distinct community, cultural cohesiveness, and some form of political organization." That's about as vacuous an argument as one could state. Of course there is no existing Hawaiian poliīieal organization in existence today! It was destroyed by the overthrow! And its native culture was almost entirely wiped out by virtual fiat from the conspirators and their successors. The Senators warn that the legislation will lead to "serious and well-funded constitutional ehallenges." Tell us something new. And the challenges will eome from the same deeply entrenched eeonomie powers that have dreamed up the smoke screen of "color blindness and race-based neutrality" who are truly in league with the Senators. The Senators decry the fact that the latest version of the bill would grant governmental sovereignty before any negotiations with the State. They SEE HEEN ON PAGE 31

Walter M. Heen TrustEE, O'ahu

HEEN Continued from page 28

prefer that the extent of the new entity's sovereignty would be based upon negotiations with the state and federal governments. I find that process to be utterly demeaning! The NHGE's position would be akin to that of a poor penitent petitioning his sovereign to "please accord me some kind of freedom to determine my own destiny and the manner in whieh I manage my own affairs." The NHGE would be negotiating froma position of such weakness that bargaining would be rendered almost meaningless. Finally, the Senators support a "state-wide referendum," claiming

that there is mounting evidence that the vast majority of "Hawaiians" oppose the legislation. I cannot be sure whom the Senators are referring to as "Hawaiians." However, we who "live on the ground" know that that observation is completely unfounded. Yes, there is not total agreement regarding the bill or the process. But is there ever total agreement in the community on any proposition that may be under discussion? They assert that Native Hawaiians may seek "tribal recognition" through the process established by the federal government. Anyone who is aware of the history of American Indian tribal matters knows of the pitfalls and impenetrable marshes that frustrate the tribes at every turn in the trail. ■