AKAKA BILL SET TO EXTINGUISH HAWAIIAN RIGHTS

FOR IMMEDIATE RELEASE
AKAKA BILL SET TO EXTINGUISH HAWAIIAN RIGHTS

May 4, 2004

On April 6, 2004, Hawaiians learned for the first time the seventh version of the Akaka Bill had been unveiled in Washington D.C. Many Hawaiians are extremely alarmed by the fast track that this bill is taking and the lack of attention to its new crucial provisions, the most important of which is a 20-year time regarding our ability to bring claims against the United States. On April 21st, within just two weeks of its public release, the bill passed the Senate Indian Affairs Committee, without a hearing on the drastically new language. Clerks from Senator Akakas office confirmed that only 24-hour notice was required for what was called a mark up business meeting. Last week Friday, April 30th, we received word that the bill passed the full Senate. It has only the House of Representatives left to go. We anticipate that Representative Neil Abercrombie will introduce a nearly identical measure to the House in the immediate future.

The news articles and press releases said that the new bill was the result of weeks of negotiations between the Hawai`i Federal Delegation, the U.S. Departments of Interior and Justice, the Governor's office and two State agencies, the Office of Hawaiian Affairs and the Department of Hawaiian Home Lands. Individuals lobbying for the legislation have said the agreement reached on the Bill was a positive step in the effort of Hawaiians to achieve passage of Federal legislation. Statements such as this from lobbyists purporting to represent the Hawaiian peoples have created the false impression in Hawaii and Washington D.C. that the Akaka Bill is a Hawaiian Bill which is supported by the Hawaiian peoples. Nothing could be further from the truth.

In the past four years, seven versions of the Akaka Bill have been introduced in the Congress. Most Hawaiians haven't seen these versions of the Bill. Although Hawaiians participated in the drafting of the first measure and at Congressional hearings in Hawaii in 2000 supporting the bill by a margin of 13 to 1, none of the subsequent six versions have had hearings. That first bill was inserted into the budget bill after passage in the House and Senate, but it never became law because Senator Inouye removed it, insuring it would die as a stand-alone measure. Hearings in Washington D.C., have only included the Governor, the Office of Hawaiian Affairs, and the Department of Hawaiian Home Lands. None of these state officials or agencies can speak for the will of the Hawaiian peoples, especially regarding legislation that stands to have the single greatest impact on our rights now and into the future.

Several amendments have weakened the bill and will diminish the rights of the Hawaiian peoples. These amendments have been made as concessions to the United States and the State of Hawai`i and do not reflect the wishes of the actual Hawaiian community.

1. Secretary of Interior will appoint nine (9) people who will determine the criteria that we will have to present to prove our "Hawaiianess". These nine people will also have the power to decide which Hawaiians can be placed on a roll, which will form the basis for participation in forming the new "Native Hawaiian governing entity".

2. The new measure says that the organic documents, i.e, a constitution that will give life to the governing entity, must be approved by the Secretary of Interior in order to be considered legitimate. It also provides that approval and recognition of the new "entity" must be within the context of, or in other words, subject to:

a. "Future negotiations" with the US and the State on a global land, natural resources, and assets settlement;
b. US and State agreement on the governmental powers and the authorities, if any, of the "entity"; and
c.Any "residual" (trust) responsibility of the US and the State.

This sets up a situation where submittal and denial of the organic documents back and forth between the Interim Governing Council, vested with interim authority representing the Hawaiian people, and the Secretary of Interior could continue while the 20 year time clock ticks.

Therefore, the US and the State do not have to recognize the "entity" unless they are satisfied with the settlement they achieve on Hawaiian lands and resources and our powers with regards to those lands.

Elections for the governing entity do not occur until after organic documents are certified. Furthermore, federal recognition is not extended until after those elections. Most Hawaiians think federal recognition will be automatically extended and will help to alleviate the post-Rice litigation challenging existing state and federal programs and services benefiting Hawaiians. In its current form, the prospect of federal recognition is several years down the road and is not guaranteed unless we agree to a global settlement.

3. The Bill is also drafted in such a way that the "entity" cannot be recognized until the Congress and State pass legislation approving the settlement. Given the fact that neither the State nor the U.S. has ever passed any self-governance legislation for Hawaiians since the 1893 Overthrow, it is questionable that this can be achieved within the 20-year time limit the bill allows for Hawaiian claims to be brought into the Federal Courts.

4. The Bill says that Hawaiians will have 20 years from the date the legislation passes to bring claims into the Federal Courts and only if those claims are current claims under existing Federal law and relating to the political and legal relationship between the U.S. and the Native Hawaiian governing entity. Within 20 years their may not be a Native Hawaiian governing entity in existence to have any claims against the U.S. This also means that the Bill disallows all historic claims relating to the overthrow, loss of treaty rights, past breach of trust, including the failure to marshal, inventory and protect our trust assets; and the loss of Human Rights and fundamental freedoms as evidenced by the 1993 Apology Bill. By comparison, Native Americans have access to the Federal courts in perpetuity and also have rights under their Treaties.

These are only a few of the problems with the new language of the Akaka Bill.

As Hawaiians who have dedicated our lives to the causes of Hawaiian sovereignty and self-determination, we cannot remain silent in light of the serious and negative impact this bill will have on our peoples, our traditional lands, territories and natural resources, our Human Rights and the rights of future generations of Hawaiians. Self-determination is the right of all peoples to determine their political status and by virtue of that right freely pursue their cultural, social and economic development. The Akaka Bill redefines self-determination as the right of a few groups, State agencies, and nonprofit corporations who fear losing their Federal allocations for social and welfare services. Finding 16 of the bill equates self-determination, self-governance, and economic self-sufficiency with the provision of governmental services, including among others, health, education, employment.

The Akaka Bill has not been developed as a vehicle for reconciliation which will address and remedy historic and current Human Rights abuses, rather it is a vehicle of deception fuelled by threats and fear that the Rice decision will prevent federal pork barrel funds from being disbursed to those non-profits and State agencies that for years have enjoyed a privileged position within the Hawaiian political system because of their dependent relationships with politicians, private trusts and business interests. Hawaiians are being told that we better support the Bill or be silent if we do not want to lose our homelands and programs.

It is ironic that this Bill, which is against Hawaiian interests, has been lobbied with millions of trust and program dollars belonging to Hawaiian beneficiaries spent for lobbying, flights to Washington D.C. and the continent, and now, enrollment parties across the continent with free food and music to anyone who enrolls to the OHA process. OHA admits to use of at least 1 million of our trust dollars held for our benefit to lobby for this bill that stands to extinguish our rights to the very ceded lands from which those trust dollars were generated. OHA, however, did approve use of up to 5 million dollars of trust funds for their nation building activities. OHA has refused to provide an account of its expenditures as required by State law.
Significant amounts of money from the Department of Hawaiian Home Lands in conjunction with Governor Linda Lingle and her staff with public and private funds, as well as taxpayers' dollars have also been used. In addition, significant lobbying has also been undertaken by heads of certain local nonprofits, who by federal and state law have restrictions placed on them against lobbying. They maintain that they operate only in their individual capacities.
We oppose this Akaka Bill and deplore and condemn the closed political process that is being pursued by the State of Hawaii, the U.S., the Federal Delegation and a few groups and agencies who have received hundreds of millions of dollars since Statehood to facilitate political wardship and suppress true Hawaiian self-determination, self-governance and sovereignty.
We urge all Hawaiians to oppose the Bill. We call upon the US Congress to hold open hearings in Hawaii so that Hawaiians can testify on the measure. We call on the U.S. Department of Interior and Justice to hold open meetings with Hawaiians on all islands so that our peoples can express their concerns to the U.S.

The latest version of the bill is a betrayal of the Hawaiian peoples and a fast track effort to push through the Congress a law, which will allow the continued oppression and disenfranchisement of Hawaiians.

Kы i ka Pono
Onipa'a Kвkou

The following Hawaiian organizations and individuals have agreed to be signatories to this letter:

Nв Koa Ikaika o Ka Lвhui Hawai`i

`Оlio`ulaokalani Coalition (Board Members: Victoria Holt Takamine, Wayne Kaho`onei Panoke, Isaac Harp, Sabra Kauka, Manu Ka`iama, and Sonny Ching)

Ka Lвhui Hawai`i (Kia Вina Lehua Kinilau, National Secretary Coochie Cayan)

Mililani B. Trask, Indigenous Expert to the United Nations Permanent Forum on Indigenous Issues

Malia Nobrega, President Waikоkо Hawaiian Civic Club

Kоna`u Boyd Kamali`i

Moanikeala Akaka

Le`a Malia Kanehe, Esq.

Alicia K. Keawekane Smith, Kumu Hula of Halau o nв Maolipua
Momi Kamahele, University of Hawai`i - Leeward Community College
Creighton Ualani Mattoon, Self-Determination Advocate