Ka Wai Ola - Office of Hawaiian Affairs, Volume 32, Number 9, 1 September 2015 — Moving forward on the road to the ʻAha [ARTICLE+ILLUSTRATION]

Moving forward on the road to the ʻAha

Contributed by Na'i Aupuni \a'i Aupuni, an independent, nonprofit organization made up of a volunteer board of directors from the Hawaiian community, continues to move forward to establish a path to Hawaiian self-determination. By guiding an election of delegates to a constitutional convention, or 'Aha, and conducting a ratification process if needed, they continue forward and encourage all Hawaiians to participate. Recently a lawsuit was filed by Grassroot Institute of Hawaii against the State of Hawai'i, Governor Ige, OHA trustees, Native Hawaiian Roll, Akamai Foundation and Na 'i Aupuni elaiming that the Native Hawaiian Roll Commission's registration process violates equal protection and voter rights laws that apply to govemment agencies. The lawsuit is an attempt to stop any further actions based on the Roll, including Na'i Aupuni's delegate election and 'Aha process. Na'i Aupuni is proceeding with its plans and strongly believes the lawsuit will not succeed in stopping their process. The constitutional laws upon whieh the lawsuit relies do not apply to Na'i Aupuni because it is not a state agency, not

controlled by any state agency and, most importantly, is not performing a state government function. This situation is vastly different from that presented in Rice v. Cayetano (2000) where the U.S. Supreme Court held that the eleehon of OHA trustees by only Hawaiian voters violated constitutional safeguards because it was an eleehon of the state and not the internal affair of Native Hawaiians. Rice does not apply to the Na'i Aupuni election because it is not a state election but rather an exercise of the rights of Native Hawaiians to self-determination. Although the legal reasoning uses federal law to explain the defects in the lawsuit, it should be emphasized that the options for consideration by the delegates at the 'Aha are not limited to federal

recognition. In fact, no poliheal ophon will be off limits at the 'Aha, including independence or the decision not to organize a Native Uawaiian oovernino entitv

Two of the Native Hawaiian Grassroot plaintiffs eomplain they were deprived of the opportunity to register with the Roll Commission because they do not agree with the Commission's declaration to affirm the "unrelinquished sovereignty of the Native Hawaiian people and an intent to participate in the process of self-gov-emanee." Na'i Aupuni understands

that the Roll Commission has and will eonhnue to register and certify voters even if these voters refuse to agree to this declaration. Alternatively, such voters also have the option of registering with OHA's Hawaiian Registry program, whieh does not include this declaration. The members of Na'i Aupuni are committed to this process because it is an opportunity for solidarity that Hawaiians should seize. Hawaiians have historically been frustrated by federal, state and/or county governments exercising decision-making authority over issues that are of grave eoneem to them. These issues involve ceded lands, Hawaiian Home Lands, water rights, traditional and customary rights, TMT, and even OHA and the Roll Commission. A Hawaiian government

formed by a near majority of adult Hawaiians who reside in Hawai'i will be a government that has standing to represent all Hawaiians and, thus, will be in a position to secure the authority to make decisions to address these kinds of issues. Until this type of structural change takes plaee, individual Hawaiians or groups of Hawaiians will continue to be left seeking relief within the framework of federal, state and county laws. Na'i Aupuni welcomes and encourages all Hawaiians to participate in the election and 'Aha process, even the Native Hawaiian Grassroot plaintiffs. Voters must be certified by Oct. 15, 2015. We encourage Hawaiians to register with the Roll Commission at www.kanaiolowalu.org or Hawaiian Registry at www.oha.org/registry as soon as possible. Information on the Na'i Aupuni eleehon and the 'Aha process ean be found at www.naiaupuni.org. Na'i Aupuni also encourages all Hawaiians who have registered to verify their contact information with Kana'iolowalu if they have not yet received their Notice of Eleehon information. ■

Na'i Aupuni īimeline > Sept. 15, 2015: Deadlineto be certified as a delegate candidate. > End of September 2015: List of qualified delegate candidates announced. >0ct. 15, 2015: Voter Registration by the Hawaiian Roll Commission closes. >Nov. 1,2015: Ballots will be sent to voters certified by the Roll Commission as of Oct. 15, 2015. Voting begins. > Nov. 30, 2015: Voting ends.

Thi.s articīe was submitted by Na 'i. Aupuni. The views and opinions expressed are those ofthe authors and do not necessari.ly represent the official posi.ti.on of the

Office ofHawaiian Affai.rs or the edi.tori.aI staff ^ o/KaWaiOla.