The Akaka Bill

Below is a summary of S147, also known as the Akaka Bill which Hawai`i Senators Daniel Akaka and Daniel Inouye have been trying to get to the floor of the Senate since 2000. The NW Hawai`i Times has been following the stories surrounding the controversy of the Akaka Bill and includes some of them below.

The Native Hawaiian Government Reorganization Act of 2005, also known as the Akaka bill was reintroduced in the House and Senate in January to begin the process that supporters hope will finally result in the recognition of Native Hawaiians by the U.S. government in the same way it recognizes Native Americans and Native Alaskans.

The proposed bill to formally recognize Native Hawaiians as an indigenous people must first pass out of the Senate Indian Affairs Committee where a hearing is scheduled for March 1st in Washington D.C. Hawai`i Governor Linda Lingle who will be in the nation’s capital for the National Governors Association meeting, supports the bill and is scheduled to testify. But Sen. John McCain (R-Ariz) is the chair of the Senate Indian Affairs Committee and has expressed concerns about the bill.

Sponsors of the 2005 bill are Hawai`i legislators Senators Daniel Akaka and Daniel Inouye and Representatives Neil Abercrombie and Ed Chase. Attempts to get the legislation through Congress have been going on for five years and this time, sponsors hope to pass the measure which seeks to rectify issues resulting from the overthrow of the Kingdom of Hawai`i .

Kekuni Blaisdell, a long-time, outspoken critic of the Akaka bill who supports an independent Hawaiian nation, criticized the Senate committee for not scheduling a hearing in Hawai`i. “They don’t want our voices to be heard,” he said. Blaisdell thinks if the bill passes, it will mean that the Hawaiian people accept U.S. sovereignty “… relinquish and no longer (can) continue to make claim for our sovereign right and our land.”

June 2004

THE AKAKA BILL: PROS AND CONS

The Akaka Bill, sponsored by Hawai`i Senators Daniel Akaka and Daniel Inouye, has cleared committee and is expected to come up soon for debate in the Senate and the House. Below are two views on Federal recognition for Hawaiians.

IN FAVOR :

Boyd Mossman
OHA Trustee and Judge (Retired) of the State of Hawai`i

HAWAIIANS

Who are they?

Descendants of the people who were in Hawai`i prior to the arrival of Captain Cook in 1778; one of the three indigenous peoples in the United States of America. American Indians and Alaska Natives are the other two.

LAWSUITS

Why are the Office of Hawaiian Affairs (OHA) and the Department of Hawaiian Home Lands (DHHL) being sued in federal court?

Under the 14th Amendment of the U.S. Constitution, plaintiffs argue that Hawaiians should not be any different or treated any different than all other races and nationalities in Hawai`i and the U.S.

RECOGNITION

Why is recognition of Hawaiians by Congress necessary?

Without the passage of S.344 (Akaka-Stevens Bill) Hawaiians will most likely lose at the U.S. Supreme Court. If so, Hawaiians will be deprived of benefits, preferences and entitlements that they have received for the past 83 years and as an indigenous people with a rich heritage, they will be essentially no more.

GOVERNING ENTITY

Why do we need a governing entity?

Recognition is not enough alone to win in the U.S. Supreme Court. A government to government relationship needs to be initiated to satisfy legal arguments in favor of Hawaiians.

COURT DECISION

Will the U.S. Supreme Court rule in favor of Hawaiians if S.344 is passed and a governing entity is created?

The likelihood is great but nothing is guaranteed. Without them, however, Hawaiians will likely lose not only the case but eventually everything that recognizes them as a distinct people and culture today.

RACIAL EQUALITY

Why should Hawaiians be any different from their neighbors?

Hawaiians have suffered social injustice for more than 200 years because they were the indigenous people of the land. In 1893, their queen was overthrown with the help of the U.S. military and thus justice demands reconciliation, recognition, and reinstitution of self determination for a political, not racial reason.

INDEPENDENCE AND SECESSION

Why shouldn’t Hawaiians get back 100 percent of their lands and resources and become an independent nation separate from the United States?

Under international law, Hawaiians who wish can argue to the United Nations for this – with or without S.344. It is, however, unrealistic to believe the United Nations can dictate to the United States and order it to give up one of its 50 states to some unknown Hawaiian “independence” group.

It is difficult enough to get recognition under S. 344 let alone getting Congress to allow Hawaiians to secede and take over a sovereign state of the union with a million non Hawaiians living there. Better Hawaiians secure their existence with S.344 rather than lose all by collaborating with either those who are suing OHA and DHHL, or those who want total independence.

WHAT WE STAND TO LOSE

So what will Hawaiians lose if S.344 and a governing entity are not in place? Ultimately, Hawaiian home Lands, OHA trust funds and lands, federal assistance, potentially the Ali`i trusts such as Kamehameha Schools, and the culture, traditions, language and identity of a once proud nation of people.

Reprinted with the permission of Boyd P. Mossman
Email: boydm@oha.org

June 2004

IN OPPOSITION :

Reidar Smith
Board of Directors Kamehameha Alumni Association -- Washington & President of the NW Association of Pacific Americans

Judge Boyd Mossman recently spoke to a Kamehameha Alumni group and was very eloquent. I really did appreciate hearing his presentation as he answered all of the questions directly and provided his thoughts on all of the topics that were raised. Why then do I still disagree with him on the Akaka Bill?

First and foremost, the Akaka Bill has Congress voting to recognize Native Hawaiians as indigenous people similar to Native Americans. We Hawaiians are not the ones voting or exercising our rights of self-determination. At this time no one has an accurate list of who is Native Hawaiian and no vote has been taken on what the majority of us really want. I believe we Hawaiians deserve a democratic vote to determine our own destiny. Without a democratic vote by Hawaiians, the decision will be made for us again, the same as it was a hundred years ago, and the bickering is sure to continue.

Boyd indicated that after Congress passes the Akaka Bill, Hawaiians could still make their choice of “Status Quo,” “ Independence ” or “Nation within a Nation” through the Kau Inoa registry of Hawaiians and the subsequent vote for a governing entity. However, think about how difficult and unlikely it will be to change a Bill once it has been voted into law. Once the Akaka Bill passes, I believe Kau Inoa will likely only be used to identify those who will be on Tribal rolls, like any Native American Tribe. Our after-the-fact voting will have little impact. (Kau Inoa is a program that is currently attempting to register all persons of Native Hawaiian descent and I believe this is an important process, aside from the Akaka Bill.)

In supporting this Bill, Native Hawaiians are being asked to buy the proverbial “pig in a poke”. The Akaka Bill is still changing, but we are told we will be able to add or change important details and benefits after the Bill is passed. It is not clear what the Bill will ultimately contain. What the Bill does NOT contain are answers to the following questions: a) The Hawaiian ceded lands now being held in trust for Hawaiians are ten times the size of the Hawaiian Homes land. This ceded land comprises nearly half the total land area of the Hawaiian Islands . We don’t know how much, if any, of this land will be allocated to the Hawaiian Nation. We don’t even know how much of the current Hawaiian Homes land will be provided to the Hawaiian Nation. This is not addressed in the Akaka Bill and the U.S. Government will make this decision for us. b) Who will now be eligible for Native Hawaiian Nation Land (comparable to Reservation Land ?). It is estimated that there are more than 200,000 Native Hawaiians in Hawaii . This is ten times the amount of current applicants for Hawaiian Homesteads. Will 200,000 become eligible for Hawaiian Nation land? Will a blood quantum be established? c) There is no mention of control and use of our natural resources. Our ancestors knew that the keys to survival on an island are the riches of the sea, and especially the use, control and distribution of fresh water. Water is now collected on ceded land water sheds but we currently must pay for it like everyone else. Will this change with the Akaka Bill? The Akaka Bill does not even address our deep sea fishing rights and our shared rights to the shorelines. Access to our natural resources is required to support a Native Hawaiian Nation.

I believe the Bill will make the new Hawaiian Nation a welfare nation without giving us the opportunity to survive with dignity. The health, education and economic status of Hawaiians in the Islands is already low and will sink even lower without improved education and thriving income-producing businesses. We on the continent have only to observe the past effects of poverty and poor economy suffered by Native American tribal nations. During the past decade, we have seen the huge improvements casinos can make to the lives of Native Americans and how their success allows expansion into other businesses and the resulting economic independence. However, the Akaka Bill specifically denies Hawaiians the rights that Native Americans have to own and operate casinos. In summary, all nations survive and prosper by trading their natural resources and/or taxing the industry of their citizens. How will a Hawaiian nation be taxed and how much revenue will its businesses provide? How will its infrastructure be maintained? I fear the primary income for the Hawaiian Nation will be from U.S. Government handouts.

Finally, for the past four years we have been told to support the passage of the Akaka Bill immediately or the Hawaiians will lose everything. This smacks of crying “Wolf”. We need to slow down and evaluate the Bill carefully. What will happen if the Akaka Bill does not pass? Keep in mind that the courts have not yet ruled on the suits against the Kamehameha Schools or the Hawaiian Homes Act. If negative decisions are returned on every suit, all the Native Hawaiians on the Kau Inoa rolls could still be asked to vote if they want self government and what course of action they would like to support. The 1993 Apology Bill to Native Hawaiians is still awaiting reconciliation. An elected Native Hawaiian government would have the stature to negotiate with the federal government. The benefit of this scenario is that Hawaiians would have more options in negotiation and would not be restricted by the limitations of this congressional bill. Lastly, I don’t believe Native Hawaiians and their culture will disappear if we do not become a federally recognized indigenous people. It is our Hawaiian people, where ever we are, who perpetuate our culture and we are already doing this without the Akaka Bill.

Reidar Smith

November 2004

Akaka Bill On Hold

By NWHIT Staff

The Akaka Bill, granting federal recognition to Native Hawaiians, is on the back burner until next summer, according to Senators Daniel Inouye and Daniel Akaka. In last-minute political maneuvering, the Hawai`i senators brokered a deal with long-time opponents John Kyl (R-Ariz) and Pete Domenici (R-N.M.) who agreed to stop blocking the Akaka Bill in exchange for support on a package of energy bills.

This compromise allowed the energy committee bills to pass the Senate right before the fall recess. In exchange, the Hawai`i senators got a promise that Republican leaders would not stop the Akaka Bill from reaching the floor of the Senate for a vote. In a recent visit to Seattle to campaign for the Democrats and visit with minority veterans, Inouye said, “We have been very patient with following the traditional path, but as you know for six years now every time we did that, we’ve been frustrated by just a handful of people. I decided the time has come…to use the same weapon. I hate to…and would like to do it the traditional way, but we’re going to get [the Akaka Bill through.]”

While there is no guarantee that the bill will be approved by the Senate when it does come up for a vote, both Senators Inouye and Akaka believe they will have the votes needed. Once cleared of the Senate, it should easily pass the House where there has always been bipartisan support. The final hurdle will be the President. Neither Bush nor any of his

Cabinet has endorsed it, although Haunani Apoliona of OHA said that Bush “has not expressed opposition.” If John Kerry wins the presidency, he has already declared, “As president, I will direct the departments of Interior and Justice to work closely with the Native Hawaiian people to achieve self-determination.”

Supporters think the delay will give them more time for Kau Inoa, the registration of Native Hawaiians to participate in setting up a Hawaiian government. Opponents say the delay allows them more time to regroup and strategize.

February 2005

Akaka Bill Stumbles (Again)

By NWHIT Staff

At the end of the legislative session in October 2004, Senators Daniel Akaka and Daniel Inouye (D-Hawaii) secured a promise from Senate Majority Leader Bill Frist (R-Tenn) that their proposed legislation known as the Akaka Bill would come to the floor of the Senate for a vote in the summer of 2005. (Northwest Hawai`i Times June 2004 issue presented the pros and cons of the Akaka Bill.)

The Hawai`i senators have been trying for five years to get the bill out of committee and onto the floor when finally, in exchange for their support last fall of energy legislation sponsored by Frist, he agreed to stop opposing the bill that calls for federal recognition of Native Hawaiians. But with the beginning of the current session with newly elected legislators, the Akaka Bill must again be submitted to new hearings and pass out of committee before it gets to the floors of both the U.S. House and Senate.

In another twist however, the bill faces a new hurdle from Senator John McCain (R-Ariz) who spoke out against the bill when the new legislative session opened in January. McCain is the new Chairman of the Senate Indian Affairs Committee through which the bill must first pass before it moves on to the floor of the Senate. (The measure has always easily passed the House and is expected to do so again.)

McCain believes that when Hawai`i became the 50th state in 1959, it was understood that Native Hawaiians would not receive the same status as American Indians. Supporters of the Akaka Bill think they can still get the bill through committee with the support of other members in spite of McCain’s opposition, but he must first schedule it for a vote. Senator Inouye has met with McCain and according to Representative Ed Case, (D-Hawaii) the meeting resulted in McCain promising to “keep an open mind” on the bill. A spokesperson for McCain said that he will allow the bill to come to a committee vote, and “has never held up legislation if his committee votes for it.”

Even if the Akaka Bill passes the Senate and the House, the bill must then be signed by President Bush, whose position has never been clear. During the Presidential campaign, John Kerry declared support for the Akaka Bill, but George W. Bush has never publicly stated his position.

Rep. Case thinks that “the call is going to be made in the White House.”

January 2006

Akaka Bill Not Forgotten

by Rochelle delaCruz

Just as Congress was getting ready to adjourn for the holidays, U.S. Senator Daniel Akaka (D-Hawaii) announced assurances from Senate Majority Leader Bill Frist (R-Tenn) and Minority Leader Harry Reid (D-Nev) that they will work together to place the Akaka Bill on the calendar when Congress reconvenes in January 2006.

S. 147, also known as the Akaka Bill, would recognize Native Hawaiians as an indigenous people with self-governing rights similar to those of American Indian tribes.

Senators Akaka and Daniel Inouye (D-Hawaii) have been trying to get the bill through for the past five years. Congressional leaders agreed to bring the bill to the Senate floor by Aug. 7, 2005, which was delayed to Sept. 6th, then further tabled after the disaster caused by Hurricane Katrina on the Gulf Coast.

The Senate Majority Leader sets the calendar, and Senator Akaka appears cautiously hopeful that S. 147 will move forward in 2006.

The Akaka Bill is widely debated among Hawaiians and not supported by all. But many see it as a “better than nothing” solution to the illegal overthrow.