(c) Copyright 2010
Kenneth R. Conklin, Ph.D.
All rights reserved
The history of the Akaka bill during the entire 111th Congress, January 2009 to December 2010, is divided into subpages covering several time-periods. The index of topics for the entire 111th Congress, with links to the subpages, can be found at
https://www.angelfire.com/big09a/AkakaHist111thCong.html
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HERE IS THE INDEX OF ITEMS FROM FROM SEPTEMBER 1, 2010 AND CONTINUING. FULL TEXT OF EACH ITEM FOLLOWS THE INDEX, IN CHRONOLOGICAL ORDER.
September 1, 2010: (1) News that Alaska Senator Lisa Murkowski, a cosponsor of the Akaka bill, has lost the Republican primary election; (2) OHA monthly newspaper article reporting that Department of Hawaiian Homelands is supporting the Akaka bill; (3) Senator Akaka commentary from Honolulu Star-Advertiser of August 9 was reprinted in OHA monthly newspaper; (4) OHA trustee Walter Heen trustee commentary in OHA newsaper entitled ‘Uh-oh. Now we have to govern!' describes some of the controversial topics that must be sorted out by the Akaka tribe's leadership after the bill has passed; (5) Fox News (national) TV video 3 minutes 23 seconds.
September 11: (1) Announcement of series of 3 public lecture/discussions on the Akaka bill presenting the three main positions: Ken Conklin (opposes on civil rights grounds), OHA representative Esther Kiaaina (supports bill), Kekuni Blaisdell and Dexter Kaiama (oppose the bill as interfering with quest for total independence); (2) Democrat gubernatorial candidates Abercrombie and Hannemann hold public debate/discussion at the Maui Native Hawaiian Chamber of Commerce.
Sept 12: Lecture notes from Conklin's Church of the Crossroads presentation today, opposing Akaka bill -- summarized version published in "Hawaii Political Info"
Sept 20: Alaska Senator Lisa Murkowski, the only Republican cosponsor of the Akaka bill, lost the primary election to Joe Miller, a conservative Republican who is favored to win the Senate seat and who will probably oppose the Akaka bill. Murkowski announced a write-in campaign, which could drain votes from Miller and give the seat to a Democrat. Senate Republican leaders will probably punish Murkowski by stripping her of seniority and committee assignments, which would weaken her ability to make deals to support the Akaka bill.
Sept 28: (1) Townhall.com and also Grassroot Institute of Hawaii publish video of Ken Conklin's 68 minute lecture/discussion on the Akaka bill from Church of the Crossroads from September 12; (2) University of Hawaii Professor Jon VanDyke article in online newspaper, "Why the Akaka Bill Should be Enacted"; (3)Article in "Indian Country Today" describes the upcoming annual Native Hawaiian Convention, saying it comes "comes at a pivotal time in contemporary Hawaiian history as Hawaiians near the point of federal recognition."
October 2: American Bar Association press release includes a letter they have sent to all 100 Senators supporting the Akaka bill. (+ online comment by Ken Conklin + October 9 wisecrack response by newspaper columnist)
October 4-5: Detailed rebuttal by Ken Conklin to a report published by OHA alleging abusive disparate treatment of ethnic Hawaiians by the judiciary and the criminal justice system. The rebuttal includes analysis of the timing of this report just prior to the lame duck session of Congress which will be the last best hope for passing the Akaka bill. The rebuttal also says the timing might be to pressure the Senators and Governor Lingle to abandon the amendment they agreed upon to NOT give immediate sovereignty to ethnic Hawaiians, including jurisdiction over the criminal justice system, until after negotiations have taken place.
October 5: (1) Charles Djou, Republican, was the winner of a special election to replace Congressman Neil Abercrombie who resigned to run for Governor. Djou is now the Republican candidate for re-election in November. He gave an interview on a daily radio program sponsored by OHA, in which he not only said he strongly supports the Akaka bill but he also will be far more effective as a Republican in getting the bill passed, because he can persuade his fellow Republicans.; (2) The monthly OHA newspaper was finally posted on the OHA website. It includes an article about how a bill becomes law in Congress, plus answers from candidates on the November ballot regarding their views on the Akaka bill.
October 7: Letter to editor says same-sex marriage and the Akaka bill are both issues of fundamental rights; and if one should not be placed on the ballot then neither should the other.
October 12: (1) Ken Conklin published article urges vote against Charles Djou (R) because Djou supports Akaka bill and would be far more effective in pushing it that Colleen Hanabusa (D); (2) Commentary blasts the American Bar Association for its endorsement of the Akaka bill, noting that the ABA has become a leftist group and is no longer credible in its endorsements; (3) Council for Native Hawaiian Advancement annual convention has many guests from Obama administration promising handouts and support for Akaka bill; (4) and (5) OHA sponsored a televised debate between gubernatorial candidates Aiona(R) and Abercrombie(D) -- 2 TV stations report both candidates supported Akaka bill and numerous government race-based handouts; (6) Online newspaper says during OHA debate Abercrombie said best hope for Akaka bill is to pass it during the lame duck session, but Aiona says pass it next year when he will work with Republicans to get the job done.
October 14: Senator Akaka, speaking to the annual convention of the Council for Native Hawaiian Advancement, says "I know some people are concerned that we are running out of time to pass the [Akaka] bill in 2010. Let me set the record straight before all of you today: this bill is alive, and we have been working on it every day. I am optimistic that, with the strong support we have received, we will be able to schedule a vote and pass the bill this year, before Congress adjourns."
October 23: Honolulu Star-Advertiser editorial endorses all the incumbents for OHA trustee, saying that OHA needs stability and experience to implement the Akaka bill when it passes. Ken Conklin posts online comment opposing the Akaka bill and recommending whom to vote for.
October 25: Jere Hiroshi Krischel explains that when ethnic Hawaiians demand parity with Native American tribes and Native Alaskan tribes, they are actually demanding rights superior to those of Native Americans and Native Alaskans who are not members of any tribe; and setting a precedent for all such indigenous non-tribal people to demand "reorganization" into tribes of their own.
October 28: Hawaii Congressman Charles Djou (R) calls for nonbinding plebiscite on the Akaka bill in response to demands from Hawaii Republican activists.
October 29: Dick Rowland, President Emeritus of the Grassroot Institute of Hawaii, poses 3 questions for Hawaii politicians about the Akaka bill: What will happen with land? What will happen with money? What will happen with political power in Hawaii?
November 1, 2010: (1) Jere Krischel essay "One Nation, One People, One Law: E pluribus unum."; (2) OHA trustee Boyd Mossman says unless the Akaka bill passes in the lame duck session of Congress, "...the darts of our opposition will pierce and kill any efforts we make to protect and secure our culture and our people for the future. The Legislature won't have to pay us from ceded land revenues, OHA will no longer need to exist. Hawaiian Homes will be opened to all. Equal treatment will trump indigenous recognition. The Akaka bill has one more shot ... a prayer might be helpful."
November 3: Hawaii TV news report: "Election Day outcome bad for Akaka Bill"
Nov 4: Another Hawaii TV news report: "Hawaii's Akaka Bill Appears Dead Now That Republicans Control U.S. House"
Nov 8: Honolulu Star-Advertiser snarky little mini-editorial "Time to say goodbye to Good Ship Akaka Bill?"
Nov. 9: Comcast Cable TV News (New England) reports "A long-sought federal law allowing Native Hawaiians to form their own government stands little chance of passing Congress before the end of the year, and its approval may be even less likely after a Republican House majority takes office in January."
Nov. 10: Fred Rohlfing, a former Hawaii state senator, says the Akaka bill should be decided by Hawaii's people and not by Congress. "That sovereignty could be stolen from the people of Hawaii and given to one racial group by a lame-duck Congress convened some 6,000 miles from Hawaii nei, would be an insult to our democratic right to self government, our ohana and our American heritage."
Nov 13: Letter to editor: Having pushed through the House of Representatives the most radical version of the Akaka bill, and having been elected governor, Abercrombie has now been empowered to be the great white father of the Akakakanaka tribe.
Nov. 15: Honolulu Star-Advertiser editorial moans that it's inexcusable that the Akaka bill has been fiddled with and allowed to languish until there's probably no time left to pass it in a Congress that offered the best chance for passing it in 10 years, with a Democrat President who promised to sign it.
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On November 15, 2010 (lame duck session) a new version of the Akaka bill was introduced. Here's the full text of the new version of the Akaka bill, whose bill number is S.3945
http://tinyurl.com/23ov9m2
The newly introduced bill is allegedly the compromise version of the bill which was agreed to by Hawaii Governor Linda Lingle. Great caution must be exercised regarding whether this new bill is truly intended to be passed, or whether it is merely a decoy to draw attention while the more dangerous HR.2314 is actually offered for cloture on the floor or inserted as a rider or by reference in another bill. That sort of stealth decoy maneuver is what actually happened in 2005-2006. See
https://www.angelfire.com/big09a/AkakaManeuversSeptDec2010.html
In September the Church of the Crossroads hosted three consecutive Sundays of lecture/discussions on the Akaka bill, moderated by Dr. Chuck Burrows of the Kailua Hawaiian Civic Club. Those three events were taped by 'Olelo TV and are now being broadcast on Channel 53 (NATV) at various times.
The easiest way to see them all is on Friday November 19, Channel 53, from 12:30 to 4:00 PM. So set your video recorders.
1. Ken Conklin, opposing Akaka bill because of support for unity and equality, 66 minutes. (12:30 to 1:37; then unrelated fillers until 2:00)
2. Esther Kiaaina, supporting the Akaka bill, officially representing OHA. (2:00 to 3:00)
3. Kekuni Blaisdell and Dexter Kaiama, opposing the Akaka bill from the perspective of supporting Hawaiian independence. (3:00 to 4:00)
There are other scattered times for rebroadcasts of the three events on Wednesday and Thursday; and perhaps there will be additional showings after Friday. Check the Olelo TV listings on the 'Olelo website.
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Nov. 16: New version of Akaka bill introduced in Senate: S.3945. Is it merely pro-forma, or is it the start of a stealth campaign?
Nov. 17: (1) Letter says failure of Akaka bill shows God has plans to make Hawaii the spiritual and political capitol of the world; (2) Letter says Akaka bill failure repeats the illegal U.S. overthrow of monarchy in 1893; (3) Guest editorial in Hawaii Reporter opposes Akaka bill
Nov 18: (1) Honolulu Advertiser finally reports that new version of the Akaka bill has been introduced, but news report fails to provide text of the bill or details about its new provisions.; (2) Article in Hawaii Reporter discusses the issue of legal immunity for the Akaka tribe, citing an example of a non-Indian couple injured by a car driven by a member of a federally recognized tribe using a tribal car outside the reservation -- the non-Indian couple was unable to get money to cover their damages, on account of tribal sovereign immunity.
Nov 19: Letter to editor wonders when people will "realize we are not a tribe of Indians that their ancestors killed to make America? Kanaka maoli are people of a living Hawaii kingdom nation."
Nov 21: Honolulu Star-Advertiser columnist Richard Borreca offers a conspiracy theory about how the Akaka bill might still be enacted during the lame duck session.
Nov 23: Indian Country Today brief news report takes note of the introduction of the new version of the Akaka bill in the Senate.
December 1, 2010: "Akaka bill now being attached to "must-pass" legislation despite Akaka and Inouye previously deploring such a maneuver."
December 2, 2010: (1) PRESS RELEASE FROM SENATORS KYL, ALEXANDER, CORNYN, COBURN DEPLORING INOUYE STEALTH MANEUVER ON AKAKA ; (2) Roger Clegg in National Review Online describes Inouye's planned "sneak attack" and describes Akaka bill as "infamous"; (3) Inouye quoted as saying "We've been working on this for over a decade now. No one can say that we've been hiding this." but Steven Duffield describes why the process is outrageous; (4) Honolulu Star-Advertiser publishes 2 side-by-side commentaries about the alleged death of Akaka bill, thus totally ignoring the growing controversy over Inouye stealth maneuver to pass it: (4a) Walter Heen, retired judge and outgoing OHA trustee: "Lamenting Akaka Bill. Hawaiians themselves are partly to blame for the bill's failure, but the real culprit is a GOP-led anti-indigenous philosophy; (4b) John Carroll, retired legislator and recent candidate for Governor in Republican primary: "The idea of a race-based sovereign nation within the bounds of a U.S. state should never have been taken seriously"
December 3: (1) Inouye Not Planning to ‘Jam Through' Akaka Bill Via an Appropriations Measure, Spokesperson Says; (2) National Review online: "The Discriminatory Akaka Bill: ‘Infamous' Indeed"
Dec 4: Andrew Walden reviews what happened with the Akaka bil during the past year, and weaves a story about "How Inouye sabotaged Akaka Bill"
Dec 6: Brian Darling, director of U.S. Senate Relations for the Heritage Foundation, warns "Rumors are swirling inside the beltway that Sen. Daniel Inouye (D-Hawaii) is trying to sneak through Congress the Native Hawaiian Bill, also known as the Akaka Bill."
Dec. 7: (1) U.S. COMMISSION ON CIVIL RIGHTS WARNS SENATE ABOUT INOUYE'S ATTEMPT TO ATTACH AKAKA BILL TO APPROPRIATIONS BILL, AND USCCR REASSERTS ITS PREVIOUSLY STATED OPPOSITION TO THE AKAKA BILL; (2) Hawaiian independence activist warns about the Akaka bill: "A nation within a nation is nothing more than accepting to be second-class citizens."
Dec 9: A letter supporting the Akaka bill version newly introduced on November 15, S.3945, was signed by Attorney General Eric Holder and Secretary of Interior Ken Salazar, and was sent to Senate leaders.
Dec 10: News report about Holder/Salazar letter quotes Senators Akaka and Inouye as being very pleased with it, and hoping they can push the bill through Congress in the days remaining before adjournment.
Dec 11: (1) Honolulu Star-Advertiser reports the letter from Obama cabinet officers (DOJ Holder and DOI Salazar) supporting Akaka bill, but reiterates the propaganda that there's probably not enough time to pass the bill; (2) Maui News briefly reports the Holder/Salazar letter and the letter from Senators opposing Inouye stealth maneuver.
Dec 14: (1) Proposed Senate Omnibus Bill includes funding for study on Akaka Bill, to "make recommendations to Congress no later than September 30, 2011, on developing a mechanism for the reorganization of a Native Hawaiian governing entity and recognition by the United States of the Native Hawaian governing entity as an Indian tribe within the meaning of Articles I and II of the Constitution."; (2) Honolulu Star-Advertiser "breaking news" at 11:09 PM briefly reports the Inouye earmark , but no news reported in the physical newspaper the following day; (3) Statement by Senator Inouye takes note of the joint letter supporting the Akaka bill from Attorney General Eric Holder and Secretary of Interior Ken Salazar; (4) Commentary complains about how bad the Akaka bill is; (5) Commentary ridicules the Obama administration and Hawaii's Senators for trying to revive this dead horse in a dead duck Congress.
Dec 15: National Review Online editorial calls the omnibus spending bill "one last disgrace" by Democrats and "the legislative equivalent of a middle finger" because of thousands of earmarks it contains including a study to support the Akaka bill, "an odious piece of segregationist legislation that would establish a race-based government on the Hawaiian archipelago.
Dec 16: Radio New Zealand International describes the proposed study in support of the Akaka bill as though it has already now been enacted, "so that if the Native Hawaiian Reorganisation passes in the future the state of Hawaii can hit the ground running in beginning that process."
Dec 20: Ilya Shapiro, writing in the Cato Institute blog, celebrates the fact that the Akaka bill was killed when the bloated omnibus spending bill was killed (the Akaka bill itself was not a part of the spending bill, but there was an earmark in the spending bill calling for the Department of Interior to work with Hawaii's race-based institutions to do a "study" of how to get federal recognition for a Native Hawaiian Indian tribe; and that earmark died when the spending bill died).
December 22, 2010 (1) Senator Akaka's statement on the Senate floor eulogizing the now-dead Akaka bill, rebutting some arguments against it, and promising to push it again next year; (2) Associated Press short summary of Akaka's speech; (3) Honolulu Star-Advertiser reports new leadership at Office of Hawaiian Affairs will continue the same policies, will be more aggressively active, and will continue seeking passage of Akaka bill; (4) Honolulu Star-Advertiser Associated Press writer reports that OHA plans "to start forming their own new but unrecognized government following the failure of federal legislation to do so. ... Formation of the new Hawaiian government involves signing people up for it, electing delegates and creating founding documents ... You'll still need the federal bill at some point, ... But when you go before Congress, you will already have a government in place, and you will then ask the Congress to recognize that government. That's the idea."; (5) The Role of Alaska Native Corporations in Pushing the Akaka bill (followup to published investigative report on federal contracting preferences for ethnic Hawaiians. Followup reviews the period from 2000 - 2005 when the Akaka bill and the Council for Native Hawaiian Advancement were both getting started)
December 23: President Obama arrives in Hawaii for vacation, accompanied on Air Force One by Senator Akaka and Congresswoman Hirono (photo of all three walking together down the steps from the plane). Article reports the President did not discuss the Akaka bill with them, but "Akaka, who made a statement in Washington that he will continue fighting for the Akaka Bill next year, said the president continues to support it."
Christmas Day, December 25: Honolulu Star-Advertiser says "Opponents of the Akaka Bill were happy the measure died when the Senate adjourned this week, but supporters remain hopeful Congress will eventually pass a measure that grants federal recognition for native Hawaiians." Supporters and opponents are quoted.
December 26: Letter to editor takes note of AP article of December 22 which reported that OHA plans to move forward with creating an ethnic Hawaiian "nation" despite failure of the Akaka bill -- letter writer says it's not clear whether most ethnic Hawaiians want to do that, and in any case such a process should not be done by a state government agency or paid for with taxpayer dollars.
December 28: News release from "Hawaiian Kingdom" "celebrates the demise of the infamous "Akaka Bill" in the U.S. Congress."
December 29: Honolulu Star-Advertiser columnist Dave Shapiro says stalling and secrecy caused the Akaka bill to fail. He says Akaka should abandon nationhood elements of the bill and instead try to get federal recognition of indigenous status to protect against lawsuits.
December 31, 2010
(1) Honolulu Advertiser reports results of online poll from December 30: "Now that the Akaka Bill appears to be dead, do you think efforts should continue to extend federal recognition of some sort to native Hawaiians?" Yes 39%, No 61%;
(2) OHA chair Haunani Apoliona giving up chair position delivers her final "State of OHA" speech and describes the events of November and December leading to Akaka bill fizzle and says "if Native Hawaiians are committed to self-determination, this additional hurdle should not derail our efforts or our resolve. ... The time is now for us, individually, to decide to participate or not participate in this Native Hawaiian Governance Reorganization Process. Our commitment to participate is affirmed by our ENROLLMENT" ;
(3) OHA trustee Rowena Akana monthly commentary says the Akaka bill is not dead because Obama is President and favors it, and Governor Abercrombie is buddies with House Speaker Boehner, and the Akaka bill "doesn’t have anything to do with being a Democrat or a Republican and should not be such a politically divisive issue." But then she shows her nasty divisiveness by making vicious personal attacks against Akaka bill opponent Jere Krischel and the Grassroot Institute.
(4) Republican Congressman Charles Djou was defeated for re-election, and today was his last day in office. He held a farewell news conference and said
"he got a lot of commitments from Republican colleagues to support the Akaka bill..." Ken Conklin wrote an online comment taking credit for having "outed" Djou as a supporter of the Akaka bill; and Conklin hopes that the outing caused Djou to lose support from his Republican base and will serve as a warning to future Republican candidates that they must oppose the bill.
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FULL TEXT OF EACH ITEM, IN CHRONOLOGICAL ORDER
http://www.staradvertiser.com/news/breaking/101973563.html#axzz0yIDBCe7N
Honolulu Star-Advertiser, September 1, 2010
Breaking News posted 04:55 a.m. HST
Alaska Republican, seen as key vote for the Akaka Bill, loses in primary
By Associated Press and Star-Advertiser staff
Sen. Lisa Murkowski was booted from office in the Republican primary yesterday by a little-known conservative lawyer in arguably one of the biggest political upsets of the year.
Joe Miller, backed by Sarah Palin and the Tea Party Express, became the latest newcomer to take down an incumbent amid dissatisfaction with the Washington establishment.
Miller's win was a major victory for the tea party movement and marked the first time it had defeated a sitting senator in a primary.
Murkowski is needed by U.S. Sen. Daniel Akaka, D-Hawaii, to muster the 60 votes necessary to break Republican procedural roadblocks on the native Hawaiian sovereignty bill.
Akaka has said he is still optimistic he can get a Senate vote on the bill this year, before the political composition of the Senate changes in January after the results of the November elections. Murkowski's term ends in January.
Murkowski trailed Miller, a Fairbanks attorney, by 1,668 votes after the Aug. 24 primary. Election officials began counting absentee and outstanding ballots yesterday, and Murkowski made slight gains. But after more than 15,000 ballots were counted, she remained 1,630 votes behind.
"We all know that this has been a long week, a terribly long week," she said at campaign headquarters. She said that while there were still outstanding votes, "I don't see a scenario where the primary will turn out in my favor, and that is a reality that is before me at this point in time."
"And for that reason, and for the good of the state of Alaska … I am now conceding the race for the Republican nomination."
The result validated the political power of Palin as the former Alaska governor in her home state has been playing kingmaker in midterm elections.
Miller, 43, is an Ivy League-educated lawyer, West Point graduate and decorated Gulf War veteran who cast Murkowski as too liberal and part of the problem in an out-of-control Washington. It is a campaign strategy that has helped beat other incumbents this year and that Republicans will employ again in November.
Murkowski has proudly touted her seniority after eight years in office, and said her roles on the appropriations and energy committees put her in a strong position to ensure Alaskans' voices are heard. Alaska has long been heavily reliant on federal money to run -- a legacy largely carved out by the late Sen. Ted Stevens.
Palin had been on a losing streak with her candidates faltering, and many were expecting similar results in Alaska. She and the Murkowski family have a complicated history.
Palin trounced Murkowski's father, Frank, in the 2006 gubernatorial primary -- the race that would launch her national political career.
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http://www.oha.org/kwo/2010/09/KWO1009.pdf
Ka Wai Ola [OHA monthly newspaper], September 2010, page 5
Hawaiian Homes Commission stands with OHA in support of Akaka Bill
by Lisa Asato, Ka Wai Ola
Calling it "a unified effort," the Chairman of the Hawaiian Homes Commission
stood together with the Office of Hawaiian Affairs in supporting the passage
of the Native Hawaiian Government Reorganization Act, pending in Congress.
At a July 27 press conference at OHA, Hawaiian Homes Commission Chairman Kaulana Park said the commission not only stands united with OHA, but with U.S. Sens. Daniel Inouye and Daniel Akaka, Gov. Linda Lingle and Attorney General Mark Bennett, all of whom support proposed amendments to
the bill, which was awaiting action in the U.S. Senate as of press time.
The commission had earlier voted unanimously to support the legislation
because its passage is crucial to preserving Hawaiian programs, Park said. "It gives us that right to exist, but most importantly it helps to protect our trust and our trust assets going forward, which is not only for our beneficiaries today, but for our ‘öpio in the future.
"That right to exist is very important for all of the trusts," said Park, referring to Hawaiian Homes, OHA and the ali‘i trusts, such as Kamehameha Schools and the Queen Lili‘uokalani Trust.
OHA Chairperson Haunani Apoliona, who has long held that the Akaka Bill would help shield Hawaiian programs from legal challenges, said, "This united front is proof that Native Hawaiians can and must unite in order to move
forward with a collective voice and greater political strength to mälama Hawai‘i lands, our culture and our way of life. Both DHHL and OHA urge the Senate to pass this measure quickly and forward the bill to the House of Representatives for final approval."
Both Park and Apoliona called on all beneficiaries of all Hawaiian trusts to support the passage of the NHGRA, commonly known as the Akaka Bill. The bill would recognize the sovereignty of Native Hawaiians and provide an opportunity to create a governing entity that would negotiate for powers, authorities, land and resources.
Recent changes to the bill would ensure that the Native Hawaiian governing Entity will negotiate with the State of Hawai‘i and the U.S. Government to determine powers and authorities among the three governing bodies.
Native Hawaiians are the only group of Native Americans in the 50 states that has not been provided a process for federal recognition. Alaska Natives and American Indians have had federal recognition for many years.
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http://www.oha.org/kwo/2010/09/KWO1009.pdf
Ka Wai Ola [OHA monthly newspaper], September 2010, page 5
Reprint of Senator' Akaka's commentary in the Honolulu Star-Advertiser of August 9, 2010, at
http://www.staradvertiser.com/editorials/20100809_Fixed_Akaka_Bill_will_move_forward.html
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http://www.oha.org/kwo/2010/09/KWO1009.pdf
Ka Wai Ola [OHA monthly newspaper], September 2010, page 26
‘Uh-oh. Now we have to govern!'
by Walter M. Heen, Trustee, O'ahu
According to the Native Nations Institute for Leadership, those words were expressed by a tribal leader when the Canadian government agreed that his tribe had the right to its own lands and to govern themselves. With the imminent passage of the NHGRA, I believe they are directly applicable to us.
In a recent OHA workshop, the institute discussed with us some fundamental precepts of establishing self-governance that are clearly appropriate for us to
observe. Three of them stand out for me:
The governance challenge ...
• Is not about what they did to you in the past but about what you will do for yourselves in the future.
• Is not about what you can get from the other governments but about what
kind of government you can create for yourselves.
• Has no end point. Rights are lost or won or fought for or defended when
challenged. Governance never stops. It is a daily task.
We will soon need to resolve a myriad of questions about establishing a lasting governance structure that will protect our homelands and our environment, and allow us to become self-sustaining. And while we may still be smarting from our history, we must not let those hurts prevent us from "standing tall" and making our own decisions about how we will manage our affairs in the future. Native Hawaiians need to come together and, looking forward, resolve that the governance form we put together will prevent a repeat of such historical events from happening again and will
allow us to make our own way.
The NHGRA vests the NHGE, once formed, "with the inherent powers and privileges of self-government of a native government under existing laws[.]" The term "existing laws" clearly refers to the myriad of statutes and regulations relating to the powers of Indian tribal governments. However, the act also provides that the NHGE and the State and Federal governments shall then negotiate with a possible view toward modification of those powers and privileges.
As I've said in previous columns, that's a two-edged sword. First, the act gives us inherent powers but, then, requires further negotiations to firmly establish the parameters of those powers. But modification can be good or bad. Certainly, the State and the Federal governments will try to limit the NHGE's authority, while NHGE's representatives must insist on powers and
authority that are as far reaching as possible. So, in my view, the strategy for NHGE is clear.
I believe that NHGE must first become knowledgeable about the history and present status of Indian law, the source of the "inherent powers and privileges of self-government of a native government." That establishes the "playing field." There are countless experts in Indian law that can be consulted and hired. Based on that knowledge, NHGE must adopt a form of government that can be best utilized to put into action the powers it deems vital to true self-governance.
Merely by way of illumination, and not to be considered as solid suggestions,
the new structure could probably include an agency for management of lands acquired back from the State and the Federal governments, and agencies for health, housing and medical services for Native Hawaiians.
Two matters that will probably lead to extensive negotiations are the exercise of civil and criminal jurisdiction, and the taxing authority. Civil and criminal jurisdiction has long been the subject of heated dispute between the Indian tribes and the State and Federal governments and will probably be so here.
Finally, the NHGE must be prepared every day to fight for and preserve its rights of self-governance.
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http://video.foxnews.com/v/4326851/2009--akaka-bill/?playlist_id=87249
Fox news video, September 1, 2010, 3 minutes 23 seconds.
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http://www.hawaiireporter.com/akaka-bill-series-of-3-lectures-cover-3-points-of-view/
Hawaii Reporter, September 11, 2010
Akaka Bill -- Series of 3 Lectures Cover 3 Points of View
BY KEN CONKLIN - The Hawaiian Government Reorganization bill, H.R.2314 and S.1011, is also known informally as the Akaka bill. The bill is highly controversial. It has been pending in Congress for ten years. In the current 111th Congress, it has passed the House of Representatives and is awaiting action in the Senate. President Obama has said he will sign it if it passes.
There are three major conflicting viewpoints about the bill.
A series of three lecture/discussions on three successive Sundays will explore the three viewpoints (see below for names and viewpoints of the presenters). The dates are September 12, September 19, and September 26, 2010. These presentations will take place 9-10 AM each of those three Sundays in Weaver Hall at Church of the Crossroads (United Church of Christ), 1212 University Ave., Honolulu, Hawaii 96826. Phone (808) 949-2220 The public is welcome.
Flyer on church website:
http://www.churchofthecrossroadshawaii.org/bulletins/Three_Positions_on_the_Akaka_Bill.pdf
1. Sunday Sept 12.
Kenneth R. Conklin, Ph.D. opposing the bill on grounds of civil rights and support for unity and equality. Why the Akaka bill is historically, legally, and morally wrong; with bad consequences for all Hawaii's people including those with native ancestry.
2. Sunday Sept. 19
Supporting the bill -- Esther Kia'aina, Chief Advocate of the Office of Hawaiian Affairs.
3. Sunday Sept. 26
"Passage of the Akaka Bill will be detrimental to the cause of a Sovereign Hawaiian Nation" - Kekuni Blaisdel M.D., Kanaka Maoli Independence Working Group & Dexter Keaumoku Kaiama, Attorney at Law, Hui Pu.
Series is sponsored by the Church of the Crossroads in cooperation with the Association of Hawaiian Civic Clubs, Ka Lei Maile HCC and the Kailua Hawaiian Civic Club.
CHURCH OF THE CROSSROADS
United Church of Christ
1212 University Ave.
Honolulu, Hawaii 96826
Phone (808) 949-2220
Weaver Hall
Adult Education Hour 9:00am - 10:00am
Public is welcome
** Note from Ken Conklin: Extended lecture notes (including detailed explanation of many points and also links to webpages providing historical documents) are available at
https://www.angelfire.com/big09a/AkakaBadChurchLecture091210.html
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http://www.mauinews.com/page/content.detail/id/540295/Candidates-for-governor-share-cultural-ideas.html?nav=10
The Maui News, September 11, 2010
** Excerpts relevant to Akaka bill
Candidates for governor share cultural ideas
Democrats discuss Native Hawaiians
By CHRIS HAMILTON, Staff Writer
WAILEA - The two leading contenders for the Democratic gubernatorial nomination, former U.S. Rep. Neil Abercrombie and former Honolulu Mayor Mufi Hannemann, each presented strategies to bring long-sought assistance to the host culture when they spoke Friday morning before the Maui Native Hawaiian Chamber of Commerce.
Their ideas, at times, were often quite similar.
The invitation-only event at the Grand Wailea attracted 250 people to watch the candidates square off as they vie for the Democratic nomination in the Sept. 18 primary election. While the contest has often been marred by negative campaigning, which came to a head recently when U.S. Sen. Daniel Inouye essentially told both camps to cool it and focus on their plans for Hawaii, cordiality reigned at Friday's meeting.
"I suspect the contested stuff won't happen today," Abercrombie said.
The two candidates spoke separately about how a new day is coming, and a vote for them is a vote for hope and change, especially with a Democrat-controlled Legislature, most of Hawaii's mayors being Democrats and Hawaii-born-and-raised Barack Obama in the White House.
"I won't let you down," Abercrombie promised.
Hannemann said, "It's all about hope and optimism. There's been too much negativity. It's incumbent on your next governor to say, 'Let me shoulder the load.'"
Hannemann and Abercrombie often used the word "pono," or doing what's right, to explain how they will assist the Native Hawaiian people.
"Our diversity in Hawaii is what defines us and not what divides us," Abercrombie said in the 10 minutes each was given to explain his principles and plans in respect to Native Hawaiians.
Considering all the suffering Native Hawaiians encountered since contact with Western civilization, they deserve special consideration, Abercrombie said.
"I'm not pandering," Abercrombie said to the audience. "As Native Hawaiians rise, all the people of Hawaii will benefit."
Hawaii U.S. Sen. Daniel Akaka's hallmark legislation, best known as the Akaka Bill, was a hot topic Friday. It would provide Native Hawaiians with much the same recognition now granted to Native Americans. If and when passage comes this fall, the state could be transformed as Native Hawaiians are granted the ability to form a quasi-sovereign government and possibly control ceded monarchy lands now in the state's hands worth billions of dollars.
But first, Abercrombie said, the internal legal disputes over claims to ceded lands must be resolved, adding that controlling the land is the baseline from which most other accomplishments will arise.
"The Akaka Bill is enabling legislation to allow you to take control beyond land and money," Abercrombie said.
The former congressman promised he would also use his connections to Obama to "leverage" support for Native Hawaiian needs in the areas of health care, homesteads and education.
Hannemann, the son of Samoan parents who immigrated to Hawaii, said he's never forgotten how lucky he was to be from the Aloha State as he's traveled extensively. He has shared Polynesian roots, and referred to "the wisdom of our forefathers" in devising the ahupuaa sea-to-mountains land divisions, where hunting, fishing and farming were overseen by caretakers.
"They understood sustainability before it was a word," Hannemann said.
Under a Hannemann administration, the ahupuaa system would be put in place to help preserve the environment and promote healthy and effective agriculture, he said.
Hannemann also touted his administration's successful effort to purchase private lands and transfer stewardship over to the Office of Hawaiian Affairs. That transaction could be a kind of model when the Akaka Bill passes and disputed ceded lands come into play, he said.
"Our governor needs to be the chief negotiator along with the Native Hawaiian groups."
Members of the audience were given the opportunity to ask the candidates only a few questions. One asked if they believed the state should follow through on the court settlement demanding it pay OHA about $200 million for leasing ceded lands over the past 30 years.
Abercrombie said he would work with the Legislature to put together a payment plan.
Hannemann said he would identify cost savings in state government to pay it off.
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http://hawaiipoliticalinfo.org/node/3345
Hawaii Political Info, September 12, 2010
Opposing the Akaka Bill
Lecture notes from today's lecture/discussion at the Church of the Crossroads in Honolulu
by Ken Conklin
A series of three 60-minute lecture/discussions about the Akaka bill were scheduled for the Church of the Crossroads in Honolulu on three successive Sundays in September 2010. The presentations were publicly announced ahead of time. I, Ken Conklin, was the speaker for September 12.
My topic was: "Unity and Equality vs. Racial Separatism -- Why the Akaka bill is historically, legally, and morally wrong; with bad consequences for all Hawaii's people including those with native ancestry"
Being a retired professor, I'm accustomed to using lecture notes. I wanted to make the notes available to the audience, including internet webpage links that would provide more detailed explanations plus citations of source material. Since the notes ran longer than a single page, and not knowing how many people might attend, I made the extended notes available on a webpage and gave its URL to the audience. That webpage is at
http://tinyurl.com/akakabad091210
Below is a greatly shortened version of what's on the webpage. This article is to the webpage as CliffsNotes is to a book. All the internet links have been removed; some paragraphs have been reduced to sentences. The article below is the actual notes I had in front of me while speaking. Some topics below were unfortunately not covered in the actual lecture due to lack of time. So this is sort of an advertisement -- if you like the topics in this article, then go to the extended lecture notes for lots more information.
http://tinyurl.com/akakabad091210
----
1. Introduction
Aloha kakou. Pule (prayer).
Who is Ken Conklin?
Personal background
Basic principles: Unity and Equality
The Aloha Spirit and Kokokahi
Book: "Hawaiian Apartheid: Racial Separatism and Ethnic Nationalism in the Aloha State" 27 copies in Hawaii Public library. Portions on internet.
---
2. Practical effects of Akaka bill
Webpage has 10-year compilation of bill text, news reports, commentary.
Practical impossibility of repealing the bill to put Humpty Dumpty back together. Thelma & Louise.
No time limit for settlement means struggle, anger, bitterness forever. (Some previous versions of the bill had a 20 year time limit).
Bad effects on businesses and communities. Webpage.
Ethnic Hawaiians would suffer loss of democratic and constitutional rights. Webpage. Also, forced to join the tribe or else lose benefits they currently get.
Clash of jurisdictions. Webpage with examples from mainland tribes. Minnesota court decision on state sex offender registry and effects it would have on Waimanalo Hawaiian Homestead and Blanche Pope Elementary School (webpage gives names and addresses of Waimanalo homestead registered sex offenders in 2005).
Could cost State government loss of $690 Million revenue per year (Report by Beacon Hill Institute, Suffolk University).
----
3. Historical issues, authoritative reports, legal documents below:
U.S. Congress studied the issues IN DEPTH on 2 occasions
(a) Morgan Report 1894, webpage (U.S. Senate Committee on Foreign Affairs, testimony under oath and cross examination in open session), contrast to Blount/Cleveland.
(b) Native Hawaiians Study Commission 1983, webpage (2 yrs, Hse & Sen joint report), contrast to apology resolution (no committee hearings or testimony; House voice vote, Senate 1 hour floor debate never raised historical issues.
Apology resolution filled with falsehoods and distortions (Constitutional scholar attorney Bruce Fein "Hawaii Divided Against Itself Cannot Stand"). Apology reso and annexation reso are both resos and both have force of law; but apology "now therefore" clauses are all toothless. Several webpages.
U.S. Supreme Court 9-0 says ceded lands belong to State in fee simple absolute on behalf of all people regardless of race. Webpage traces history of lawsuit and links to all major legal briefs and decisions.
Photos of original letters personally signed by 20 heads of government in 1894-1895 formally recognizing Republic as rightful government, including Lili'uokalani's oath of loyalty. The same nations that previously recognized the Kingdom now acknowledged the revolution and recognized the Republic as rightful successor. France, Spain, Portugal, China, Japan, Russia, U.S. etc. Webpage.
Treaty of Annexation 1898. Webpage.
Statehood vote 1959 results by district. Pdf certified letter Dwayne Yoshina.
Attorney's point by point rebuttal of Akaka bill (Paul Sullivan) w. cartoons (Cagle). Download 65 pp pdf.
U.S. Commission on Civil Rights letter to Congress in August 2009 opposing Akaka bill (pdf of letterhead stationery with signatures; cites Kokokahi 1840).
Ryan William Nohea Garcia scholarly article in current issue of Asian-Pacific Law & Policy Journal says Akaka bill likely to fail in the courts because it tries to convert an ethnic group into a political entity despite the multiracial character of the Kingdom of Hawaii. Download 78-pages.
House Judiciary Subcommitte on the Constitution in 2005 called it unconstitutional. (Webpage has audio files of testimony, written statements of witnesses, news reports)
----
4. Evidence that Hawaii's people, and commentators of national stature, oppose the Akaka bill
Compilation of hundreds of major commentaries during 10 year period.
Roundup of evidence that Hawaii's people oppose Akaka bill, including telephone polls, newspaper polls. Webpage
OHA polls through Ward research unreliable; skewed and "leading" questions.
Zogby poll December 2009 -- internationally respected professional polling company. Majority oppose Akaka bill; even bigger majority want local hearings and ballot referendum. Pdf with poll questions and percentages, and Zogby conclusions.
-----
5. Support unity, equality, aloha for all. Oppose racial separatism, ethnic nationalism, religious fascism
Unity =
(a) Unity of Hawaii with U.S.A. (therefore oppose the independence activists)
(b) Unity of Hawaii's people under a single sovereignty of the State of Hawaii. (therefore oppose Akaka bill, OHA, DHHL, KIRC)
Equality =
(a) All people equal in eyes of God.
(b) All people should be treated equally under the law by their government.
Both the racial separatists (Akaka) and the ethnic nationalists (independence) REJECT BOTH (a) and (b) parts of equality.
Kumulipo creation legend twisted by sovereignty activists into a justification for religious fascism claiming ethnic Hawaiians are children of the gods and brothers to the land in a family relationship relegating non-natives to second-class citizenship. This is a religious belief used as justification for racial supremacy = Hawaiian religious fascism. Kumulipo itself is beautiful creation legend applying to all humans regardless of race; but sovereignty activists twist it as applying only to ethnic Hawaiians.
Say it again: Both the supporters of the Akaka bill and supporters of independence believe that people are NOT equal in the eyes of God(s). They believe that only ethnic Hawaiians have a sacred genealogical family relationship with the gods and with the 'aina. This justifies racial supremacy and 2 levels of citizenship. Those who lack a drop of the magic blood have only second-class citizenship as guests in the ancestral homeland of ethnic Hawaiians; property ownership restricted to certain areas and voting rights limited to certain topics.
1839 & 1840 Kokokahi sentence by Kauikeaouli Kamehameha III "God hath made of one blood all races of people to dwell on this Earth in unity and blessedness." Webpage on "The Aloha Spirit."
Kingdom had multiracial full partnership from before its creation and throughout its history.
Without John Young and British armaments Kamehameha could not have created unified Kingdom. That's why Kamehameha named him Governor of Kamehameha's own home island (Hawaii Island) and gave him a house right next to the great heiau Pu'ukohola. That's why John Young's tomb is in Mauna Ala (Royal Mausoleum) and resembles a miniature heiau and guarded by pair of pulo'ulo'u (sacred taboo sticks). His bones are the oldest in Mauna Ala. Son Keoni Ana (John Jr.) was Kuhina Nui of Kingdom. There are only two signatures on the second Constitution (1852): "Kamehameha Rex" (King Kamehameha III) and "Keoni Ana". John Young's granddaughter was Queen Emma, wife of Alexander Liholiho Kamehameha IV and candidate for monarch against Kalakaua in the election of 1874 following the death of King Lunalilo.
Hawaiian Kingdom government was multiracial throughout its history. Most department heads were Caucasians; also most cabinet ministers, and 1/4 to 1/3 of all Legislators (both Representatives and Nobles, both elected and appointed). Anyone born or naturalized in Hawaii was a subject of the Kingdom with full rights equal to the natives. Over a thousand Asians became naturalized.
Akaka bill supporters say that shows Hawaiians were so inclusive, warm and generous, and now we're holding it against them as they try to revive a native government. But no. This is about a Kingdom that could not have been created and would not have thrived without non-natives as full partners. Caucasians and Asians were necessary full partners in the Kingdom, but now the racist Akaka bill wants to throw them away like trash. There was no "native government" for the Akaka bill to "reorganize."
The book "Asian Settler Colonialism" portrays Hawaii's people of Japanese, Chinese, Filipino, etc. ancestry, even after multiple generations in Hawaii, as being foreign "settlers" just like the haoles. The book says that by remaining silent and enjoying their prosperity in Hawaii the Asians are accomplices to the oppression of the natives under a belligerent military occupation and a Caucasian oligarchy. The book grievously insults Hawaii's Asians by demanding they give up their hard-won equal rights in order to subordinate themselves to ethnic Hawaiians in an effort to throw off the yoke of haole oppression and American imperialism. See essay-length book review
Sovereignty activists approve of model whereby ethnic Russians were expelled or lost civil rights in Baltic nations (Latvia, Lithuania, Estonia) after Soviet Union collapsed; That's how they think Caucasian and Asian "settlers" in Hawaii should be treated, even those whose families have 8 generations here.
Whose land is it? 'Olelo No'eau: "He ali'i ka 'aina, he kauwa ke kanaka"
Land is chief, people are its humble servants. The 'aina has been here for millions of years; people have been here for less than 2,000 years. It is disrespectful for the servants to quarrel among themselves over who should control their master.
Balnakization; Aztlan; Black nationalism
Letter to President Obama noting victory of integration over racial separatism in the Black civil rights movement, asking what would happen to America if a Nation of New Africa were created)
Letter reminds President Obama of his Berlin speech "Tear down walls that divide us ... walls between races and tribes; natives and immigrants ..."; Reminder of Black struggle for equality (hooray: separatists like Louis Farrakhan and the early Malcolm X lost, while integrationists like Martin Luther King won). In 2009 both the Senate and the House passed resolutions apologizing to African-Americans for slavery. The apology resolution of 1993 to Native Hawaiians is a primary justification in the Akaka bill for "reorganizing" a "Native Hawaiian" government. If that logic were followed, then the apology resolutions for slavery would seem to justify creating a Nation of New Africa. Only 13% of America's people have any degree of African ancestry, whereas 20% of Hawaii's people have any degree of Hawaiian ancestry; so imagine creating a Nation of New Africa inside U.S., and then raise the impact by 50% to imagine the effect of the Akaka bill in Hawaii.
---------------
http://www.hawaiifreepress.com/main/ArticlesMain/tabid/56/articleType/ArticleView/articleId/2861/Senatersquos-only-Republican-Akaka-Bill-backer-to-be-stripped-of-seniority-positions.aspx
Hawaii Free Press, September 20, 2010
Senate's only Republican Akaka Bill backer to be stripped of seniority, positions
According to multiple sources, Alaska Republican Senator Lisa Murkowski, is likely to be stripped of her Senate seniority and her committee assignments by Republican leaders.
The moves come in response to Murkowski's announcement that she is conducting a write-in campaign for reelection to the US Senate from Alaska after losing the Alaska Republican Primary race to Yale and West Point grad Joe Miller.
Murkowski is the only Republican US Senator currently backing the Akaka Bill. Her support has been seen as necessary to gather the votes to overcome any filibuster by Republican senators. With Murkowski effectively declared persona non grata by the Republican caucus, her ability to do political deals for votes on any cloture resolution is effectively nullified.
With Republicans poised to take control of the US House and possibly the Senate after the November elections, it appears that 2010 could be the last opportunity for the Akaka Tribe to steal the Hawaiian legacy all for itself.
We at Hawai`i Free Press would like to take this moment to express our gratitude to Senator Dan Inouye. Without his decision to allow Rep Neil Abercrombie and Sen Dan Akaka to introduce the "instant tribal jurisdiction" version of the Akaka Bill last December, the Akaka Bill might have become law already.
Sometimes the best policy is to allow one's opponent to take out just enough rope to hang himself. In this regard, our gratitude for Senator Inouye's sabotage is matched only by our appreciation for the bull-headed stupidity of Neil Abercrombie, whose Congressional witlessness is as much responsible for snatching defeat from the jaws of victory as Inouye's careful calculations.
------------------
Townhall.com, September 28, 2010
townhall.com/Partner.aspx?h=-440787179&p=56&s=4
and
Grassroot Institute of Hawaii, September 28, 2010
http://www.grassrootinstitute.org/native-issues/watch-ken-conklins-akaka-bill-lecture
Watch Ken Conklin's Akaka Bill Lecture
by Kenneth R. Conklin, Ph.D.
A series of three 60-minute lecture/discussions were scheduled for the Church of the Crossroads in Honolulu on three successive Sundays in September 2010. The presentations were publicly announced ahead of time. I, Ken Conklin, was the speaker for September 12. My topic was: "Unity and Equality vs. Racial Separatism -- Why the Akaka bill is historically, legally, and morally wrong; with bad consequences for all Hawaii's people including those with native ancestry"
Being a retired professor, I'm accustomed to using lecture notes. I wanted to make the notes available to the audience, including internet web page links that would provide more detailed explanations plus citations of source material. Since the notes ran longer than a single page, and not knowing how many people might attend, I made the notes available on a web page which you can access here
https://www.angelfire.com/big09a/AkakaBadChurchLecture091210.html
Below, you will find video of the entire discussion.
Ken Conklin's Akaka Bill Lecture Part 1 from Grassroot Institute on Vimeo.
41 minutes
http://vimeo.com/15239758
Ken Conklin's Akaka Bill Lecture Part 2 from Grassroot Institute on Vimeo.
27 minutes
http://vimeo.com/15263317
--------------------
http://www.civilbeat.com/articles/2010/09/28/4528-why-the-akaka-bill-should-be-enacted/
Honolulu Civil Beat (online newspaper, by subscription), September 28, 2010
Why the Akaka Bill Should be Enacted
By Jon Van Dyke
After more than a decade of discussion, the Akaka Bill
is poised for passage this year, but because of the pressure on the Senate calendar its fate remains uncertain. The House of Representatives has passed a previous version by a substantial margin, and the Governor has offered her support to an amended version, so it seems that everything is now aligned for passage. The enactment of this Bill into law would help heal wounds that have festered in our community for more than a century and would facilitate the continued momentum of the Hawaiian Renaissance.
Native Hawaiians are the only substantial population of native peoples in the United States who have never had
either a claims commission or a settlement package enacted for them by the federal government. Congress stated
in the 1993 Apology Resolution that 1.8 million acres of Government and Crown Lands were acquired by the
United States in the 1898 Annexation "without the consent of or compensation to the Native Hawaiian people of
Hawaii or their sovereign government." The 1993 Resolution called for a "reconciliation" between the United States
and Native Hawaiians, and the Akaka Bill would be a major step along the path leading to such a reconciliation.
The Akaka Bill -- formally called the Native Hawaiian Government Reorganization Act -- would begin the process of
reestablishing a Native Hawaiian Governing Entity by developing a "roll" of Native Hawaiians who would be
members of this new governmental body. Under amendments made in late 2009 pursuant to recommendations of
attorneys at the Justice Department knowledgeable about native affairs, membership for those with less than 50
percent Native Hawaiian blood would require some demonstration of a genuine linkage to the Native Hawaiian
community, such as knowledge of the Hawaiian language or membership in a Native Hawaiian organization.
Ethnic lineage to a Hawaiian ancestor for this group is thus necessary but not sufficient for membership. This
change is significant, because it clarifies that the Native Hawaiian Governing Entity is a political and cultural body,
not a racial entity, and thus that this new body will be constitutional so long as it is rationally related to ensuring the
continued cultural integrity of Native Hawaiians and to enabling them to exercise self-determination and to become
self-sufficient once again. (Once the Native Hawaiian Governing Entity is established, it can change the
requirements for membership -- and could include, for instance, those with a hanai relationship to a Native
Hawaiian family -- because every native group is entitled to determine its own membership.)
After the roll of members is established, those on the list will participate in a process to form their government.
Meetings and referenda will be held to allow Native Hawaiians to form a government that reflects their heritage and
traditions and also allows them to function in the modern age. The members will have substantial flexibility to find
the governmental framework that serves their needs. Meetings are already being held with other native groups to
learn from their experiences.
The Secretary of Interior will provide a final review of the government that has been created, and if it meets certain
minimum requirements spelled out in the Bill, the Secretary will approve it, and Native Hawaiians will then be
"federally recognized" in a manner similar to the status held by more than 550 other native groups in the United
States.
At this point, negotiations will begin for the return of land and resources to the new Native Hawaiian Governing
Entity. No lands now in private hands will be transferred to the new government. These negotiations will involve
both the State and Federal governments, and may prove to be challenging. But models are provided by the recent
(and continuing) negotiations between Maori tribes and the government of New Zealand (Aotearoa), and by the
numerous recent settlements between the United States and native groups across the land. With goodwill, these
negotiations can be successful, and the outcome can be beneficial for Native Hawaiians and the rest of us.
In many areas, we now see natives providing an economic engine that brings prosperity to both natives and
nonnatives in a region. In Neshoba County, Mississippi, for instance, the 8,000 members of the Mississippi Band of
Choctaw Indians have developed industries that have benefited the entire region, and they are now the secondlargest
employer in their state. Although Native-American communities have control over their members, their
lands, and their resources, they almost always work closely with their nonnative neighbors for mutual benefit, and
we can certainly expect such a close working relationship to develop in Hawaii.
Opposition to the Akaka Bill can still be found among a group of Republican Senators and among some in Hawaii
who argue that its passage will be divisive and will be contrary to American values. The Grassroots Institute, for
instance, has developed a series of advertisements denouncing the Akaka Bill by pointing out that wonderful
people like Father Damien, Barack Obama, John Young (Keoni Olohana, an advisor to Kamehameha the Great),
and Mau Piailug (the Yapese navigator who helped reestablish navigational skills in Hawaii) would not be eligible
to benefit from the Akaka Bill, because they are or were not ethnically Native Hawaiian.
It is true that these individuals would not be eligible to be included on the roll of members of the Native Hawaiian
Governing Entity, but they would certainly benefit from being part of a revitalized community in which a debt has
been properly repaid and the integrity of our host culture has been restored.
The Akaka Bill is carefully designed to address and resolve a wrong that took place -- the 1893 participation of U.S.
military and diplomatic personnel in the illegal overthrow of the Kingdom of Hawaii and the 1898 acquisition of the
Kingdom's Crown and Government Lands by the United States without the consent of or compensation to Native
Hawaiians. It is designed to allow Native Hawaiians to function autonomously according to their traditions, just as
every other native group in the United States is allowed to do. Recognizing the uniqueness of native peoples is a
central part of the American political system, and it is time that Native Hawaiians are able once again to celebrate
their culture and participate as players in our island economy.
When he reintroduced the Bill in 2007, Senator Daniel K. Akaka explained to his colleagues that:
Frustration has led to anger and festered in the hearts of Hawaii's younger generations, with each child that
is taught about this period of Hawaiian history, a loss is relived. It is a burden that Native Hawaiians since
the overthrow continue to carry, to know that they were violated in their own homeland and their
governance was ripped away unjustly…. It is for this generation that I work to enact this bill so that there is
the structured process to deal with these emotional issues….For Hawaii is the homeland of the Native
Hawaiian people.
Enactment of the Akaka Bill will not resolve all the problems facing Hawaii, but it will help promote reconciliation
and will stimulate Hawaii's economy for everyone residing in the islands.
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http://www.indiancountrytoday.com/national/hawaiialaska/Convention-comes-at-a-pivotal-time-for-Hawaiians-103714874.html
Indian Country Today, September 28, 2010
Convention comes at a pivotal time for Hawaiians
By Rebecca Jacobs
From throughout the Hawaiian islands, countries and territories across the Pacific, Alaska, the U.S. and beyond, Native leaders and community members will gather for the 9th Annual Native Hawaiian Convention hosted by the Council for Native Hawaiian Advancement.
http://www.hawaiiancouncil.org/
The momentous event, themed Kukulu Aupuni~Kukulu Ea!, Building on Greatness-Sovereignty In Action!, comes at a pivotal time in contemporary Hawaiian history as Hawaiians near the point of federal recognition.
"We're right at the helm," Jade Danner, Native Hawaiian, CNHA vice president said. "Sovereignty is, really, having the resources to do the work on a full-time basis, so we don't need to fight, but can get to the business of health care, homelessness, education and language."
Danner explained that Native Hawaiians and supporters have been working at the legislative level for approximately 40 years pursuing the issue of Hawaiian self-determination. At this point, she said, CNHA is trying to rally enough support from Republican representatives and educate individuals as to the true meaning of Hawaiian sovereignty. This would mean mustering 60 votes on the Senate floor to overcome a filibuster, and continuing work with Gov. Linda Lingle to garner her support of the movement and verbiage of the Akaka Bill H.R. 2314, or Native Hawaiian Government Reorganization Act.
http://www.opencongress.org/bill/111-h2314/show
Danner explained that arguments against the bill are at the heart of attacking Indian policy.
"They are saying its race based, and that it will mean reduced resources."
Other oppositional points include gaming and land acquisition. Danner pointed out, however, that the bill contains specific language prohibiting gaming and the acquisition of private lands.
"We want to have a place to survive. When people think about Hawaiians, they think, ‘oh, they're all assimilated,' but it's like, ‘Hello, we're a people!'"
Currently, the Hawaiian Homelands consist of approximately 20,000 acres distributed across the chain of islands. Land acquisition is not included in the proposed NHRA and would require further congressional action beyond the initial passage of the bill.
Danner said that on a broader level, the convention and CNHA foster the idea that sovereignty is about perpetuating culture in a bifurcating manner. The first aspect would mean the recognition of the right to be self-determining and the second would be having the right to exercise this right.
"It's about solving our own problems and ensuring that our children are learning our ways. In 1988, there were only 500 [Native Hawaiian] speakers left. Now there are 9,000 to 10,000. Up until the mid-90s, it was a banned language. That's what this convention is about recognizing."
Throughout the four-day event, set for Oct. 12 - 14, to be held at the Hawaiian Convention Center in Honolulu on Oahu, the most populated of the islands, lectures, workshops, forums and networking sessions detailing Native Hawaiian studies at the University of Hawaii, grant writing and applications, housing, education, traditional story and chant, and ways to network with Alaska Native, Native American and other Pacific Islanders including the Commonwealth of the Northern Mariana Islands, American Samoa, Guam and Palau will be offered.
Department of the Interior Assistant Secretary for Insular Areas Anthony Babauta will present as will Commissioner of the Administration for Native Americans Lillian Sparks, Deputy Secretary of Housing and Urban Development Ron Sims and National Congress of American Indians Executive Director Jacqueline Johnson.
Danner said Hawaiian Sens. Daniel Kahikina Akaka and Dan Inouye as well as Lingle have promised good news messages either personally or by video.
A series of awards made by Hawaiian business and community organizations will be presented to an educational leader, a nonprofit, a housing agency, a business leader, and community advocates. CNHA policy associate Shannon Toriki, Native Hawaiian, said it is the work of these individuals and their organizations that truly represents sovereignty in action.
"For us, sovereignty is a term that is not ma'a or familiar. That would be something that is very separate. But really, it isn't a foreign concept, it's what Native Hawaiian community leaders do everyday," she said.
Danner said that in collaboration with the Native Hawaiian Education Council, CNHA recently concluded a series of 15 community listening sessions, or puwalu, on Native Hawaiian education, with a specific eye towards reauthorization of the Native Hawaiian Education Act and our community's priorities in education.
CNHA is also working with the Anahola Hawaiian Homes Association to make their goal of having a commercial kitchen and marketplace a reality.
"We have conducted many symposia and workshops to grow our community's understanding of complex issues so they are empowered to make informed decisions about issues that affect their lives," she said.
During the final day of the conference, individuals will have the opportunity to express their opinions about the direction the CNHA should head in the next year.
"What we talk about is very specific kinds of advancement that is action-oriented - how we can do more of what we are doing more effectively and quickly," Danner said.
"It's shaping up to be an amazing conference."
Oct. 8 - 10, the Hawaiian Way Fund will host its Annual Benefit Native American-Native Hawaiian Basketball Tournament. All proceeds from the tournament will directly benefit the well-being of community-based organizations and initiatives founded on Hawaiian culture, knowledge and traditions.
For more information about the convention or CNHA and its numerous programs, visit
www.hawaiiancouncil.org.
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http://www.hawaii247.com/2010/10/02/aba-urges-support-for-native-hawaiian-government-reorganization-act/
Hawaii 24/7. October 2, 2010
ABA urges support for Native Hawaiian Government Reorganization Act
MEDIA RELEASE
The American Bar Association (ABA) sent a letter this week to every United States Senator urging support for the Native Hawaiian Government Reorganization Act. The letter outlines the bill's constitutionality and its precedent within U.S. law, and details benefits of the U.S. providing parity to Native Hawaiians as indigenous people.
"The American Bar Association's detailed explanation of the history, need, and constitutionality of the bill will help address mischaracterizations and bring attention to the importance of this bill," said Sen. Daniel K. Akaka, the bill's sponsor. "Although there are many important bills pending on the Senate calendar, I remain optimistic that the Senate will be able to consider the bill during the lame-duck session. I thank the ABA for its unwavering support."
"The endorsement and support of the American Bar Association is critical and I am certain it will help to convince some of my colleagues to consider the matter when we return from recess," Sen. Daniel K. Inouye said.
The ABA letter says the organization supports "the right of Native Hawaiians to seek federal recognition of a native governing entity within the United States similar to that which American Indians and Alaska Natives possess under the U.S. Constitution."
American Bar Association has nearly 400,000 members nationwide.
The Native Hawaiian Government Reorganization Act passed the U.S. House of Representatives in February with bipartisan support.
In July, Sens. Akaka and Inouye reached an agreement with Gov. Linda Lingle to make four clarifying changes to the text of the bill which secured the Governor's support.
The bill is now pending in the Senate.
More information about the bill is available at:
http://akaka.senate.gov/issue-native-hawaiian-federal-recognition.cfm
The American Bar Association's letter:
September 28, 2010
United States Senate
Washington, D.C. 20510
Dear Senator:
On behalf of the American Bar Association, which has nearly 400,000 members nationwide, I urge your support for H.R, 2134, the Native Hawaiian Government Reorganization Act of 2010. The legislation, as amended, passed the House of Representatives with bipartisan support early in the session and was placed on the Senate calendar where it is still awaiting Senate floor action. As amended, H.R. 2314 is supported by the White House, the Department of Justice, Hawaii Congressional Delegation and the Governor of Hawaii.
The ABA has a long-standing interest in the legal issues concerning America's native and indigenous peoples. Over the past twenty years, our House of Delegates has adopted numerous policies supporting self-determination and self-governance for American Indians and Alaska Natives. In 2006, the ABA adopted policy specifically supporting the right of Native Hawaiians to seek federal recognition of a native governing entity within the United States similar to that which American Indians and Alaska Natives possess under the U.S. Constitution.
H.R. 2314 would establish a process that would lead eventually to the formation of a native governing entity that would have a government-to-government relationship with the United States. Developed by Native Hawaiians, this federally recognized entity would serve, maintain and support their unique cultural and civic needs and advocate on their behalf at the federal and state levels.
Prior to the overthrow of the Hawaiian monarchy in 1893 by U.S. agents acting without official sanction, Native Hawaiians lived under an organized political framework governed by the rule of law. This Kingdom had a written constitution and was recognized by the U.S. government as a sovereign nation. Congress ratified treaty agreements with it and recognized its representatives.
In addition to establishing a lasting trust relationship with the Native Hawaiian people after the coup, Congress acknowledged the illegal overthrow of the Kingdom of Hawaii, issued a formal apology to the Native Hawaiian people in 1993, and has consistently supported reconciliation efforts. Congressional support for legislation that would lead to a process for federal recognition of Native Hawaiians is the next logical step.
Opponents of this legislation claim that allowing Native Hawaiians the right to self governance would imperil the constitutional rights of non-Native Hawaiians to equal protection under the law. They point to the former Kingdom's wealth and claim that self-determination will create a system of benefits disadvantaging those who are not of Native Hawaiian heritage. However, Native Hawaiians, in seeking rights and privileges that other indigenous people of the United States enjoy under our system of law, are not compromising the rights of others but exercising their own rights to property, to self-determination, and to be recognized as an indigenous people by Congress.
The right of Native Hawaiians to use of the property held in trust for them and the right to govern those assets are not in conflict with the Equal Protection Clause since they rest on independent constitutional authority regarding the rights of native nations contained in Articles I and II of the Constitution. The constitutional framers recognized the existence of native nations within the United States that predated our own democracy and created a system for federal recognition of indigenous nations within our expanding democracy.
The framers empowered Congress through the Indian Commerce Clause and the Treaty Clause to maintain relations between the U.S. federal government and the governments of these native nations. Our courts have upheld Congress' power to recognize indigenous nations and have specifically recognized that this power includes the power to re-recognize nations whose recognition has been terminated in the past. Thus, the Native Hawaiians have the right to be recognized by the Congress, this right is not in conflict with the rights of others, and this recognition may be renewed despite historical lapses.
The American Bar Association urges you to support the rights of Native Hawaiians to self-determination by voting for H.R. 2314.
Sincerely,
Thomas M. Susman
(ABA Director, Government Affairs Office)
** Online comment posted by Ken Conklin
It's a shame that the ABA has abandoned its obligation to defend the Constitution and laws of the U.S. and has become a shill for racial separatism.
Here are a few of the many strong oppositions to the Hawaiian Government Reorganization bill that have been written by Constitutional scholars:
U.S. Commission on Civil rights letter to Congress opposing the Akaka bill (by 6-2 vote), on official letterhead, dated August 28, 2009, with signatures. The letter cites Hawaii's history as a multiracial nation with full equality, including the kokokahi sentence of the Constitution of 1840.
http://tinyurl.com/kqt39k
Akaka bill hearing before the U.S. House Judiciary Subcommittee on the Constitution, in Washington D.C., on Tuesday July 19, 2005. Audio files of testimony, written statements of witnesses, news reports. Chairman's conclusion: "Race alone does not and should not be the basis for creating a sovereign entity. It is the antithesis of our form of government and contrary to the principles on which this country was founded. ... America should not be a place where governments are defined by race or ancestry or the color of one's skin. And, it should not be a place neighbors, who may have lived next to each other for decades, are suddenly subject to two different civil and criminal standards because of race."
http://tinyurl.com/c3kg9
What Does the United States Owe to Native Hawaiians? Two reports commissioned by Congress contain the answers, which are directly applicable to the Akaka bill. U.S. Senate Committee on Foreign Affairs 808-page (Morgan) report in February 1894 includes 2 months of testimony under oath in open session under cross examination, repudiating the Blount Report. Native Hawaiians Study Commission report (1983), following two years of testimony and data-gathering, concluded that there is no historical, legal, or moral basis for political autonomy or racially exclusive government benefits for ethnic Hawaiians, although social and medical problems make it important to do outreach programs to be sure they are offered the benefits available to all Americans. See summaries and links to both reports:
http://tinyurl.com/f4cqt
Apology resolution is heavily cited in both the Akaka bill and the independence movement. But it is filled with historical inaccuracies:
Constitutional scholar-attorney Bruce Fein's booklet "Hawaii Divided Against Itself Cannot Stand" -- about half of it is a point by point refutation of the apology resolution.
http://tinyurl.com/7d6xq
Apology reso has no bearing on Hawaii ceded lands; ceded lands belong to State of Hawaii in fee simple absolute on behalf of all people regardless of race. The U.S. Supreme Court 9-0 ruling in March 2009 made that clear. A webpage includes major legal briefs, court rulings at all stages along the way, and a compilation of news reports and commentaries.
http://tinyurl.com/49sx9j
Attorney Paul M. Sullivan 65-page "Killing Aloha", a point-by-point rebuttal to the Akaka bill, with cartoons by Daryl Cagle.
http://tinyurl.com/yefy8od
Ryan William Nohea Garcia 78-page scholarly article in current issue of Asian-Pacific Law & Policy Journal says Akaka bill likely to fail in the courts because it tries to convert an ethnic group into a political entity despite the multiracial character of the Kingdom of Hawaii.
http://tinyurl.com/akakagarcia
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** Wisecrack response to ABA announcement a week later in Honolulu newspaper
http://www.staradvertiser.com/columnists/20101009_candidates_wishing_hoping_planning_thinking_dreaming.html
Honolulu Star-Advertiser, October 9
Candidates wishing, hoping, planning, thinking, dreaming
By David Shapiro, columnist
"flASHback" on the week's news that amused and confused:
* The American Bar Association told U.S. senators it backs the Akaka bill for native Hawaiian recognition. Duh. This law will produce enough litigation to keep the legal profession busy for decades.
----------------
http://www.hawaiipoliticalinfo.org/node/3411
Hawaii Political Info, October 4, 2010
OHA Report Alleging Racial Disparities in Criminal Justice
by Ken Conklin
** The first portion of this article was also published on Hawaii Reporter on October 5, 2010 at
http://www.hawaiireporter.com/oha-report-alleging-racial-disparities-in-criminal-justice
On September 28, 2010 the State of Hawaii Office of Hawaiian Affairs issued a press release about a new report it created entitled "The Disparate Treatment of Native Hawaiians in the Criminal Justice System." The Honolulu Star-Advertiser published an article about it the following day. The complete report, filled with many beautiful photos of taro, is at
http://tinyurl.com/2aweono
There are important scholarly/statistical issues raised by the report, and equally important political issues. It's clear that the OHA report is an exercise in political propaganda rather than a serious scholarly analysis or civil rights inquiry. The present essay is an effort to counteract the propaganda in the report and to identify serious scientific issues that need further study.
The OHA report is part of a long-term political strategy attacking the very existence of the State of Hawaii by undermining our confidence in equality under the law and our unity as a multiracial society under the sovereignty of the United States. That long-term strategy will not be further discussed in the present rebuttal, but readers who want to understand it should read the book "Hawaiian Apartheid: Racial Separatism and Ethnic Nationalism in the Aloha State." Twenty-seven copies are available in the Hawaii Public Library system. Portions are free on the internet, with a link to the publisher's website where the print-on-demand book can be ordered; see
http://tinyurl.com/2a9fqa
The OHA report alleging disparate treatment of ethnic Hawaiians by the judiciary and criminal justice system appears to describe a rigorous scientific analysis of data. But in fact the data were collected and analyzed by a small group of project insiders who worked in secret, in a locked room at the University of Hawaii, always under direct supervision by their OHA sponsors, and who later destroyed their collected data to protect the privacy rights of the criminals. Real scientific studies are peer-reviewed before publication to make sure the data are reliable, the analysis is done in accord with generally accepted scientific standards, and the conclusions are valid. But in this case the data were collected and interpreted in secret, and then destroyed. The report was rushed into publication without peer review in a splashy format designed for propaganda value. Publication was timed to coincide with the political effort to pass the Akaka bill whose purpose is to create a government for ethnic Hawaiians including jurisdiction over their own criminal justice system. OHA and the group who produced this "study" should be embarrassed if their methods are compared with legitimate work done by scientists developing new drugs or reporting experiments in physics, biology, etc.
One major concern for analyzing a claim of disparate outcomes for ethnic Hawaiians is the fact that their median age is only 25, which is 14 years younger than the median age of 39 for the rest of the population. Of course people who are younger have lower incomes, and are more likely to engage in drug abuse which is a crime in itself and also leads to more crime. Young men's higher testosterone levels are likely to make their crimes not only more frequent but far more violent than the older criminal population. Women's young ages make them more likely to be unwed mothers, while the teenage children spawned by unwed mothers and living in unstable families are more likely to engage in criminal behavior. Ethnic Hawaiians have the highest rate of illegitimacy, perhaps because they have racial partisans, most notably Lilikala Kame'eleihiwa, calling upon them to make babies as fast as possible to accelerate acquisition of majority status. Ethnic Hawaiian girls might also feel encouraged to make illegitimate babies more than other racial groups do on account of numerous government health programs and welfare handouts that are racially exclusive to ethnic Hawaiians.
A major difficulty in analyzing claims of racially disparate outcomes is to correctly identify a person's race in the data when he has two or more racial heritages. Nearly all ethnic Hawaiians are of mixed race. Many have three or more races. Perhaps 3/4 of all so-called "Native Hawaiians" have more than 3/4 of their ancestry being other than Hawaiian -- nobody knows because nobody wants to collect such data. Yet anyone with one drop of native blood is labeled "Native Hawaiian" not only in this new OHA report but also in hundreds of racial disparity victimhood "studies" (i.e., data-mining analyses of reports from the Census Bureau, National Institutes of Health, etc.) done by Kamehameha Schools over a period of many years and widely publicized in the media to solicit public sympathy and political support. Classifying anyone with one drop of native blood as "Native Hawaiian" is clearly a very bad way to analyze data when studying alleged racial disparity. This report made absolutely no effort to identify the percentage of native blood quantum for each criminal; and of course there was also no desire to allocate only a fraction of a tally mark to "Native Hawaiian" corresponding to each criminal's fraction of native blood.
The report appears to champion civil rights for a racial minority and for incarcerated criminals. But in fact the report is politically motivated for the purpose of justifying proposed legislation that would violate the civil rights of all Hawaii's people. The report tries to portray a racial group as a victim of injustice in order to spur public support for creating a full-blown government for that racial group through the Akaka bill soon to be taken up in a crucial lame-duck session of Congress. It's wonderful for a group to be portrayed as a victim group when it is seeking public sympathy or race-specific government handouts. The worse the victimhood, the more public sympathy and the greater the handouts from government and philanthropic institutions.
The specific nature of the victimhood alleged in this new report concerns the criminal justice system. The reason for selecting the criminal justice system rather than heart disease, diabetes, or poverty as the focus of grievance at this particular time is to undercut a demand to amend the Akaka bill in order to deny to the Akaka tribe the immediate full-blown sovereignty OHA wants it to have without any need for negotiations with the State. Jurisdiction by the Akaka tribe over the criminal justice system was the main focus of Governor Lingle's objections to the most radical bill and was the focus of an amendment promised by Hawaii's two senators in order to secure her support. Thus this new OHA report comes at a convenient time to undercut public sympathy for Lingle's amendment and might also serve to pressure Lingle to acquiesce in a secretive legislative process during a crowded lame duck session where things would go much more smoothly if Lingle's pesky amendment could simply be set aside with no last-minute outcry from her to her fellow Republicans in Congress.
The report says that $181,440 in taxpayer dollars appropriated by the Legislature was spent to create this report. Perhaps additional money could be attributed to staff time for regular employees of OHA, some university professors, etc. Money and political backing are readily available to create victimhood "studies" like the OHA report alleging racial disparities in the criminal justice system and hundreds of previous studies alleging racial disparities in heart disease, diabetes, breast cancer, etc.; but there is neither money nor glory for debunking them.
Ordinary citizens do not have the money, time, or training to thoroughly investigate the credibility of such massive projects. So how can the public and our political leaders make a good decision whether to believe what's in the report?
There is hope. Ordinary citizens serve on juries. Some of the civil and criminal cases decided by juries include crucial testimony about complex scientific or technical matters; yet jurors somehow are able to reach unanimous decisions, even "beyond a reasonable doubt." How do they do it?
Judges instruct jurors that one way to decide whether to believe a witness is to consider the motives of that witness as shown through evidence or testimony.
As discussed above, OHA has clear motives to portray ethnic Hawaiians as victims of injustice, not only to get sympathy for them in general, but also to get sympathy for immediate granting of full sovereignty over criminal justice for the anticipated Akaka tribe.
A further attribution of motive to the creation of this report comes from checking the background of the Washington D.C. think-tank that gave a veneer of respectability to the report by allowing its name to be used as co-author. The Justice Policy Institute is not a politically neutral academic or research group. JPI's own website makes clear that its main purpose is to urge the dismantling of America's punishment-focused prison system in favor of awarding custody of criminals to their own ethnic groups in the local community who can use the principles of "restorative justice" and communal responsibility to rehabilitate them. The Hawaiian sovereignty movement in general, and OHA in particular, like this concept because it would empower ethnic Hawaiian political leaders and community organizers to "re-educate" (i.e., brainwash) their fellow ethnic Hawaiians to live according to a set of "Hawaiian values" and be liberated from the value system imposed upon them by their colonial oppressors (i.e., the American government and the Christian missionaries). Thus the political agenda of JPI is aligned with the political agenda of OHA to immediately empower a newly created Akaka tribe with the jurisdictional authority to manage its own criminal justice system.
Judges also instruct jurors that it is appropriate to assess the credibility of a witness on one topic according to his credibility on other topics. If a witness has lied about one thing, then jurors are allowed to take that into account to discredit his testimony on other points. That principle can be applied to this report. It might be difficult for ordinary people to decide the believability of what's in this report because they are not trained in scientific methodology and statistical analysis. But there are statements in this report about Hawaiian history that are clearly false, and interpretations that are clearly twisted. Thus it is reasonable for ordinary people to conclude that the scientific content of this report is similarly false or twisted.
Here's an outline of topics mentioned above which are explored in much greater detail on a webpage at
http://tinyurl.com/3xxc5ja
1. What the OHA report said, and how the underlying study was conducted. Data collected and analyzed in secret was then destroyed, making peer review impossible. OHA and the group who produced this "study" should be embarrassed if their methods are compared with legitimate work done by scientists developing new drugs or reporting experiments in physics, biology, etc.
2. Slick, artistically composed pages show that the purpose of the report is political propaganda rather than scientific scrutiny. Emotional appeals are made to a creation legend from the ancient Hawaiian religion, and the report is filled with emotionally rousing artistic photos of taro patches (because taro plays a key role in that creation legend). Unverifiable claims are made that ethnic Hawaiians suffer more trauma than other races when sent to prisons outside Hawaii, because their spiritual link to the land is broken. Emotional appeals are made by quoting the inspirational words of Kamehameha The Great on his deathbed, and by quoting the words of a song written by ex-queen Lili'uokalani when she was "unjustly imprisoned" (just like ethnic Hawaiians today!!). [By the way, her imprisonment was entirely justified, and was a very mild punishment for the crimes she committed. See section 6 below. Her activities after release showed she was never rehabilitated! But she did stop participating in violent activities.].
3. Youthfulness is an important factor in explaining why ethnic Hawaiians (allegedly) have higher rates of arrest and incarceration, and longer jail sentences and probation, than criminals of other races. In the last decennial census the median age for ethnic Hawaiians was 25, while the median age for everyone else was 39. Criminal behaviors -- especially violent crimes deserving lengthy prison sentences -- are the sins of youth rather than middle age. But the OHA report does not adequately examine and does not draw appropriate conclusions about age.
4. Percentage of native blood quantum must be taken into account in analyzing data alleging racial disparity. Someone who is only 1/8 Hawaiian should clearly not be counted as Hawaiian. An incarcerated criminal who is 1/2 Chinese, 1/4 Filipino, 1/8 Irish, and 1/8 Hawaiian would properly be counted as Chinese if outcomes are to be attributed to only one racial group. The best method would be to allocate fractional tally marks when attributing outcomes to racial groups. But nobody at OHA or any other racial-partisan institution bothers to collect or analyze racial data that way because the results would undoubtedly torpedo most of their racial grievance claims.
5. If the author of a so-called scientific report has a motive to tell falsehoods or skew the results, then the facts alleged in the report, and the conclusions, can be set aside as lacking credibility. In the case of OHA's report alleging disparate treatment of ethnic Hawaiians in the criminal justice system, OHA has strong motives to portray ethnic Hawaiians as victims of unequal or unfair treatment in order to spur political support for the Akaka bill now pending in Congress. OHA has especially strong motive to undermine an agreement between Governor Lingle and Hawaii's two Senators to amend the Akaka bill in such a way to deny the Akaka tribe immediate sovereign jurisdiction over the criminal justice system. Also, the Justice Policy Institute in Washington D.C., which helped write this report, has its own political motives which include dismantling America's punishment-oriented prison system.
6. If a witness in court -- even an expert witness -- says something false about one topic, then it is reasonable to doubt his credibility on other topics. This OHA report makes false and misleading statements about Hawaii's history, which ordinary people can verify are wrong. Also, the historical content is presented in a chaotic narrative which scrambles the chronology. Therefore even people lacking expertise in scientific knowledge and statistical methodology are justified in doubting what OHA's report says about technical issues, and we can wonder whether the gathering and analysis of data was as chaotic as the chronology in the history section. Some wrong statements about Hawaii's history contained in this report are described in the rebuttal, and proof is provided that they are wrong.
7. Are disparate bad outcomes for ethnic Hawaiians in health, economics, and the criminal justice system found only in Hawaii? A recent study shows that ethnic Hawaiians living in California are doing better than the average of all Californians. Why are Hawaiians thriving in California but not in Hawaii, despite the fact (or is it because of the fact?) that Hawaii provides a plethora of racial entitlement programs not available to them in California?
For extensive analysis and evidence regarding these seven topics, see the full rebuttal at
http://tinyurl.com/3xxc5ja
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Na 'Oiwi Olino is full hour program on a commercial radio station AM940 at 7AM, and rerun at 5PM, Monday to Friday, paid for by OHA, to broadcast programs about Hawaiian culture and politics. The program's webpage is at
http://www.naoiwiolino.com/
Program for Tuesday October 5, 2010: 20 minutes each for interviews of Hawaii Congressional District 1 candidates Charles Djou (R) and Colleen Hanabusa (D)
http://am940hawaii.com/Player/100745781/
Radio AM 940, Tuesday October 5, 2010
Partial transcript starting at Minute # 2:45:
Interviewer Randy Hudnall: What is your experience working with our Native Hawaiian community?
Charles Djou: Uh, very good. Uh, for myself, first of all of course, as a Congressman, I eagerly look forward to hopefully passing the Native Hawaiian recognition bill ... Over the ten years I have represented Hawaii [in the state House and the Honolulu City Council] ... I have been a clear and consistent advocate for increasing opportunities for Native Hawaiians, and for expanding access to housing and the just entitlements I think Native Hawaiians deserve.
Hudnall: Now, you just mentioned the Akaka bill. What will you do to garner support for the Akaka bill if it should pass the Senate and return to the House this Congress?
Djou: You know, I think what I can offer is a bipartisan solution -- bipartisan support for the Akaka bill. That's absolutely essential ... It can't come from just one political party, it has to come from both. Hawaii has been trying ... for over a decade to move the Akaka bill ... and we've been unsuccessful, and the reason for that is it's been entirely one-sided. What we need is support from both political parties. Should the Akaka bill come back to the U.S. House I'm confident that I'd be able to garner far more Republican support for the Akaka bill -- make it bipartisan -- make it less controversial, and make its passage far smoother. You know, for me, I think a good analogy about being able to move things in a bipartisan fashion [was the election of Republican Congresswoman Pat Saiki who provided bipartisan support to stop the bombing of Kaho'olawe back in 1987 after Democrats alone had been unsuccessful in stopping it].
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The Office of Hawaiian Affairs publishes a monthly newspaper. The edition for October 2010 finally became available on OHA's website on October 5. A 2-page article on pages 8-9 entitled "How laws are made in the United States Congress" includes a beautiful glossy drawing showing the steps a bill goes through in each chamber of Congress. The only essay with commentary on the Akaka bill is Boyd Mossman's monthly trustee commentary. In addition every candidate for office in the November election, including Governor, Congress, state Legislature, and OHA trustee was asked their opinion about the Akaka bill, the ceded lands issue, etc. Download the entire newspaper at
http://www.oha.org/kwo/2010/10/KWO1010.pdf
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http://www.staradvertiser.com/editorials/letters/20101007_Letters_to_the_Editor.html
Honolulu Star-Advertiser, October 7, 2010, LETTER
Aiona off-base about rights
Isn't it interesting that Lt. Gov. James "Duke" Aiona wants us to vote on giving equal rights to same-sex couples, but he doesn't want us to vote on extending special rights, with the Akaka bill, to native Hawaiians?
Maybe that's one of the reasons why people like Lee Cataluna say his actions "smack of political hypocrisy."
Perhaps Aiona doesn't understand that civil liberties apply to all and are not subject to majority vote. That's why they're called rights.
Walter Mahr
Mililani
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http://www.hawaiipoliticalinfo.org/node/3439
Hawaii Political Info, October 12, 2010
Urging a Vote against Charles Djou
by Ken Conklin
Yes, really!
Aloha dear readers in Hawaii's First Congressional District,
I urge you to vote against Charles Djou, a man I admire and respect, whose views I agree with on nearly every issue. Unfortunately that means I'm asking you to vote in favor of a candidate I personally dislike, whose views I disagree with on almost every issue — Colleen Hanabusa.
In this letter I'm writing only about the contest for U.S. House District #1: Charles Djou vs. Colleen Hanabusa. To see my recommendations for U.S. House District #2, U.S. Senate, Governor, and 5 OHA trustees, please go to
http://tinyurl.com/2bfgdyf
So, why am I asking you to vote for Hanabusa and against Djou?
It's all about the Akaka bill. I believe the Akaka bill is the most important issue for the people of Hawaii since the Statehood vote in 1959. Although both Djou and Hanabusa strongly support the Akaka bill, Djou would be far more effective in getting it passed, because he is a Republican — he made that point loud and clear in a radio interview, and he is correct -- so we must not give him the chance.
The Akaka bill is evil. Its importance for Hawaii is greater than all other issues combined. It would irrevocably divide the lands and people of Hawaii along racial lines, creating an apartheid system where about half our land and a quarter of our people would live under different laws from everyone else. See the book "Hawaiian Apartheid: Racial Separatism and Ethnic Nationalism in the Aloha State" available in the library or at
http://tinyurl.com/2a9fqa
Both Djou and Hanabusa are strongly in favor of the Akaka bill. Both of them refuse to demand an amendment to require a vote by Hawaii's people on the Akaka bill before it can take effect -- they think it's OK to impose an enormous unfunded federal mandate on us without our consent.
Djou and Hanabusa are the only two candidates for Congress this year in Hawaii's First District. There's nobody else to vote for. So, wouldn't it be logical to set aside the Akaka bill, and choose the better candidate based on other issues?
But here's where party affiliation comes into play. I agree with all the political pundits who are predicting a huge victory for the Republicans in this election. The Republicans will win more than enough of the 435 seats in the House of Representatives to have a comfortable majority, even without Charles Djou. So if you're a Republican, don't worry about tipping the balance of power in Washington the wrong way by voting against Djou.
Nearly every Democrat in the House voted in favor of the Akaka bill in 2010. If Hanabusa wins, there are almost no votes from Democrats for her to win. Republicans will see her as just another radical-left Democrat in the same mold as Abercrombie. Republicans will simply ignore her. No Republican will vote for the Akaka bill based on what Hanabusa, a freshman Democrat with no personal relationships there, tells them. She probably can't bench press Abercrombie's 268 pounds to impress them either! And Hawaii voters, don't worry about getting the pork you've become accustomed to -- members of Congress bring home the bacon even when they're in the minority, as Democrats Inouye, Akaka, and Abercrombie proved during the many years when the Republicans held power in both the House and Senate.
Djou is a Republican. On issues related to budget and taxation, he is very much aligned with the Tea Party movement which will have great power in the 112th Congress starting in January. His fellow Republicans will pay attention to him. Those Republicans from other states, especially the newly elected ones supported by the Tea Party movement, who know nothing about Hawaii or the Akaka bill, are likely to go along with whatever he tells them on a matter that seems to affect only Hawaii. That's the reason it would be bad to have Djou in Congress.
How do we know Djou is a strong supporter of the Akaka bill? There's nothing about it on his website. Maybe he's embarrassed to let his base of support know about it. But here's a quote from an interview he gave during a 20-minute interview on OHA's daily radio program "Na 'Oiwi Olino" on Tuesday October 5, 2010. The entire hour-long program, including a comparable interview with Hanabusa, can be replayed by clicking here:
http://am940hawaii.com/Player/100745781/
"For myself first of all, of course as a Congressman, I eagerly look forward to hopefully passing the Native Hawaiian recognition bill ... Over the ten years I have represented Hawaii [in the state House and the Honolulu City Council] ... I have been a clear and consistent advocate for increasing opportunities for Native Hawaiians, and for expanding access to housing and the just entitlements I think Native Hawaiians deserve."
Continuing in that same interview, here are Djou's own words explaining why he would be far more effective getting votes for the Akaka bill than the equally zealous Colleen Hanabusa. Interviewer Randy Hudnall asked "Now, you just mentioned the Akaka bill. What will you do to garner support for the Akaka bill if it should pass the Senate and return to the House this Congress?"
Djou answered with excitement in his voice: "You know, I think what I can offer is a bipartisan solution — bipartisan support for the Akaka bill. That's absolutely essential ... It can't come from just one political party, it has to come from both. Hawaii has been trying ... for over a decade to move the Akaka bill ... and we've been unsuccessful, and the reason for that is it's been entirely one-sided. What we need is support from both political parties. Should the Akaka bill come back to the U.S. House I'm confident that I'd be able to garner far more Republican support for the Akaka bill — make it bipartisan — make it less controversial, and make its passage far smoother."
Djou also made clear in the interview that he supports not only the Akaka bill but also the plethora of racially exclusionary entitlements in areas such as housing, education, and healthcare; and that he will support those programs that treat ethnic Hawaiians like an Indian tribe even if the Akaka bill fails.
Shouldn't government treat us all equally? The 14th Amendment to the U.S. Constitution guarantees the equal protection of the laws regardless of race. Charles Djou, as an attorney, should know that racial entitlements and the creation of a phony Indian tribe are unconstitutional. Djou should know that ethnic Hawaiians have a history totally different from the Indian tribes, and that the Kingdom was multiracial with full equality, voting rights, and active participation in high government positions by non-natives who were either born in Hawaii or became naturalized; whereas the Akaka tribe is racially exclusionary just like the illegal entitlement programs it is designed to protect.
Djou's support for the Akaka bill is a mystery. He should know that he will get zero votes from the racialists aligned with the Akaka bill, OHA, Kamehameha Schools, etc. — they are enthusiastic Hanabusa supporters. Hanabusa has not only attended, but also spoken at numerous secessionist rallies over the past ten years, from Wai'anae to 'Iolani Palace to Makapu'u; and has actively pushed Hawaiian racialist legislation as member and then chairperson of the state Senate committee on Hawaiian affairs. The Native Hawaiian Convention in Honolulu this week features speeches by Senator Dan Akaka, Congresswoman Mazie Hirono, and candidate Colleen Hanabusa — but the powerful lobbying group disrespects sitting Congressman Djou by not even inviting him. He knows the recent Zogby poll shows a majority of Hawaii's people oppose the Akaka bill and an even larger majority demand that it be placed on ballot as a referendum question in a general election. See complete results of the Zogby poll at
http://tinyurl.com/y9x9q7u
Yet Djou continues to support the bill, and he refuses to propose an amendment to the bill to require its approval by Hawaii's people before it can take effect. Shame on him! Nearly everyone who supports the Akaka bill will vote for Hanabusa regardless of Djou's position on it, while he could collect the votes from everyone who opposes the bill if he would stand up and oppose it. Djou's position on the Akaka bill is a loser both morally and politically.
How low will Djou kow-tow before the election to the tycoons of Hawaii's powerful race-based institutions? Watch the televised debates to find out. How much lower will he kow-tow to them in Congress during the lame duck session and for the next two years if he wins in November? All the way to the floor, no doubt. Please vote for Colleen Hanabusa, a candidate I despise, but who will be ineffective in pushing the Akaka bill because the Republicans — a Congressional majority next year — will ignore her.
* Old photo showing kowtow is included.
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http://www.hawaiireporter.com/bar-none-aba-support-of-akaka-bill-is-a-joke
Hawaii Reporter, October 12, 2010
Bar None: ABA Support of Akaka Bill is a Joke
The American Bar Association is currently lobbying in favor of the Akaka Bill, having sent a letter this week to every US Senator in favor of its passage. This is much less impressive than it sounds. Much like The Simpsons or David Lee Roth, the ABA is a shadow of its former self, living off the credibility of a name that too few have realized no longer carries any guarantee of quality or professionalism.
So when did the ABA jump the shark? It's hard to say . . . it's really one of those incremental things. Until one day you wake up and they're applying purely political considerations to their evaluation of judicial nominees. Among those people who follow such things, it's common knowledge that the ABA no longer has any credibility as a neutral arbiter of constitutional interpretation or judicial ability. Now, it functions more like a mouthpiece for the left wing of the Democratic party. Take the aforementioned letter to the US Senate on the Akaka Bill. One might imagine that the American Bar Association would present a neutral evaluation of the constitutionality and possible objections to the bill. Don't make me laugh. In essence, it's little more than a distillation of the same arguments presented by the pro-Akaka Lobby. In fact, it bears such a similarity to an OHA column that one hopes the ABA didn't spend too much money to produce such a propagandist rehash.
Of course, that's how the game is played nowadays . . . bias disguised as neutral analysis is par for the course in modern politics. It's just a shame that such politics-as-usual methods are preventing a true debate on the merits of the bill and its possible impact on Hawaii.
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http://www.hawaiinewsnow.com/Global/story.asp?S=13313271
KGMB and KHNL TV news, October 12, 2010
By Teri Okita
HONOLULU (HawaiiNewsNow) - Native Hawaiian leaders are getting one-on-one face time with officials from the Obama administration. Representatives from Washington, DC are in the islands for two weeks to formulate policy on Pacific Islander and Asian-American issues. Local leaders hope it will lead to more help and more federal money for Native Hawaiians.
Administration officials have been fanning out to schools, health clinics, farms, businesses, and housing developments in predominately local communities to find out where the greatest needs lie.
"I have to tell you, having a President from Hawaii has made all the difference. Asian-Americans and Pacific Islanders do have needs and should not be an afterthought in federal policy," says Lisa Hasegawa from the National Coalition for Asian-Pacific American Community Development, an organization based in the nation's capital.
Native Hawaiian leaders admit there are still big challenges for the state's indigenous people, and they've convened in Honolulu at their ninth annual conference to address a wide range of problems. Just two weeks ago, for instance, the Office of Hawaiian Affairs released a report saying Hawaiians are treated unfairly in the state's judicial system.
And last month, a minority study released by "Families USA" reported almost a fifth of Native Hawaiians and other Pacific Islanders are underinsured medically. There are other issues like affordable housing, education, and business development to contend with, as well.
"Those statistics are evidence and reflect the lack of Native Hawaiian voice in the creation of solutions and that's what's so powerfully important for this convention," says Robin Danner, President and CEO of the Council for Native Hawaiian Advancement.
As administration officials work towards potential policy changes at the White House, the November elections in Congress could be critical for Hawaiians. They need 60 ‘yes' votes on the Akaka bill to establish some form of a sovereign Hawaiian government.
OHA administrator Clyde Namuo says, "It's not going to be easy, and I think it will take all of the skill that Senator Inouye and Senator Akaka have to get Senator Reid to schedule it."
Hawaii's senators are reportedly negotiating with Democratic Senate Majority Leader Harry Reid to have a vote taken once the Senate reconvenes in mid-November. President Obama has indicated that he will sign the Akaka bill, if it passes.
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http://www.khon2.com/news/local/story/Aiona-and-Abercrombie-face-off-in-live-televised/S3KvtRfYi0KxbWnv-v5MdA.cspx
KHON2 TV, October 12, 10PM TV news
Aiona and Abercrombie face off in live televised debate
Reported by: Marisa Yamane
Gubernatorial candidates Neil Abercrombie and Duke Aiona went head-to-head in a televised debate tonight that focused on Native Hawaiian issues, as well as other broader issues.
It was the first live televised debate between those two candidates ahead of the General Election.
It's Democrat Neil Abercrombie versus Republican Duke Aiona in the race to Washington Place.
Being that this debate was sponsored by the Office of Hawaiian Affairs, many of the questions had to do with Native Hawaiian issues.
"Why has the Akaka Bill languished for a decade?"
"I'm sorry to say some Senators, many of them Republicans, who didn't want anything favoring native people to be able to advance," said Neil Abercrombie, (D) For Governor.
"Could you give us a sense of what you've done to shore up Republican support for the bill?"
"All I can do is what the Governor has done, and what Mr. Bennett has done and the entire administration, Micah Kane have done and everyone else who has traveled to Washington D.C. that is to be an active leader, a visual leader," said Duke Aiona, (R) For Governor.
The debate was shown live on OC16, and viewers had a chance to vote by texting.
An overwhelming majority of respondents said the "economy" is the most important issue facing Hawaii.
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http://www.hawaiinewsnow.com/Global/story.asp?S=13313957
Hawaii News Now (2 TV stations), October 12, 2010 10 PM TV news
Gubernatorial candidates debate Hawaiian issues and more
By Tim Sakahara
HONOLULU (HawaiiNewsNow) - As expected the Office of Hawaiian Affairs debate started with questions about the Native Hawaiian Government Reorganization Act, more commonly known as the Akaka Bill. It would give federal recognition to Native Hawaiians similar to that of Native Americans. Native Hawaiians are the only indigenous group in the country not to be recognized. Both Duke Aiona and Neil Abercrombie support the bill but one has more of a wait and see approach.
"I will have to wait until this election is done. I believe there will be a change both in congress as well as in the senate and I will take it from that point," said Aiona, when asked what he would do to get Republicans in Washington to pass the bill.
"We're in a position to once again go to congress and I think we have an excellent chance to do that," said Abercrombie, who says he led the passage of the bill three times in the house already.
The talk about getting settlement money for Hawaii's ceded lands turned light when both joked about their working relationship with key lawmakers like Speaker of the House Calvin Say.
"By way of full disclosure the speaker of the house was my student I gave him a very good grade," laughed Abercrombie.
"I got one up on your relationship with the speaker he went to St. Louis (School)," laughed Aiona, who also graduated from St. Louis and sits on the school's Board of Trustees.
On that theme the debate moved to education and the budget issue that led to cutting school days last year and dropped Hawaii to the lowest amount of instructional days in the country.
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http://www.civilbeat.com/articles/2010/10/12/5521-the-oha-debate-duke-vs-neil/
Honolulu Civil Beat, October 12, 2010
OHA Debate: Neil Says Act Now on Akaka Bill, Duke Says Wait for New Congress
By Chad Blair
Democrat Neil Abercrombie, the lead sponsor of the Akaka bill in the U.S. House, said the best hope for the measure may come during the lame-duck Senate session between Nov. 2 and when a new Congress is sworn in come January.
Republican Duke Aiona, who would be only the second U.S. governor of Hawaiian ancestry if elected, says Republicans are poised to take Congress, so he'll will work with whoever is in power.
Most everything else that came out of Tuesday night's governor's debate was familiar territory. But oh, what a fine debate!
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http://www.hawaiireporter.com/senator-akaka-akaka-bill-is-alive-and-we-work-everyday-to-get-it-passed
Hawaii Reporter, Thursday, October 14th, 2010
Akaka Bill is Alive and We Work Everyday to Get it Passed
U.S. Senator Daniel K. Akaka (D-Hawaii) offered these remarks at the Council for Native Hawaiian Advancement's 9th annual convention at the Hawaii Convention Center.
Aloha kakou! It is my pleasure to be here, to be home, with all of you, as you close the Council for Native Hawaiian Advancement's 9th annual convention. My heartfelt mahalo to President Robin Danner and her staff for their success in organizing this event year after year. And mahalo to all of you who have contributed your time, your mana‘o, and your aloha, into making this convention one that will help our community and our state move forward, for the sake of our people.
This year's theme: Kukulu Aupuni – Kukulu Ea, Building on Greatness – Sovereignty in Action!, and this convention itself, shows that our people have never given up their right to self-determination. We have continued, in our day-to-day lives, to make decisions that benefit our community and our future. Our keiki are still taught our traditions, and they have opportunities to learn contemporary teachings in their native language. Our community leaders make decisions that affect education, health, and housing issues for our people.
We have not sat idly by. We have fought to preserve our culture, our traditions, and our rights.
Throughout my Congressional career, I have fought for Hawaii. And as the first Native Hawaiian elected to the United States Senate, it has been my privilege to fight for the Native Hawaiian people.
In 1993, I successfully passed Public Law 103-150 – known as the Apology Resolution – which acknowledges the role the United States and their agents played in the overthrow of the Hawaiian Kingdom. The Apology Resolution paved the way for a process of reconciliation between the United States and the Native Hawaiian people.
Since 1999, I have been working to enact legislation to formally recognize the right of Native Hawaiians to self-governance. My bill, the Native Hawaiian Government Reorganization Act, passed the House of Representatives in February and is currently pending in the Senate.
The Native Hawaiian Government Reorganization Act outlines a process for the reorganization of the Native Hawaiian governing entity, for the purpose of establishing a federally recognized government-to-government relationship between the Native Hawaiian people, the State of Hawaii, and the United States. And this is consistent with existing U.S. policy towards its indigenous people. The structured process provided by the bill allows all Hawaii residents to come together to begin to resolve many of the issues that remain from the overthrow of the Kingdom of Hawaii.
I know some people are concerned that we are running out of time to pass the bill in 2010. Let me set the record straight before all of you today: this bill is alive, and we have been working on it every day. I am optimistic that, with the strong support we have received, we will be able to schedule a vote and pass the bill this year, before Congress adjourns.
I am deeply appreciative of the support I have received from CNHA, the Office of Hawaiian Affairs, and the many, many, many other organizations across our Native Hawaiian community.
This bill also has the support of the State of Hawaii, and the support of elected officials at the federal, state and local levels.
President Obama's Administration understands the importance of the bill and supports us. I was so pleased to hear that the White House Initiative on Asian Americans and Pacific Islanders declared its support for the bill during this convention, on Tuesday. Mahalo to Executive Director Kiran Ahuja and the entire initiative for their support.
Many national organizations also support the bill, including the American Bar Association, and native organizations such as the National Congress of American Indians and the Alaska Federation of Natives.
Your support makes a huge difference. Mahalo nui loa for that support.
We need to show my colleagues in Washington that this bill is important to our state. A bill supported by civic organizations, community leaders, our state and local governments – by our people.
Make your voice heard. As the theme of this convention says, "Build on greatness." Together we can do this. We stand united, telling Congress that it is time to bring federal recognition to the Native Hawaiian people. The people of Hawaii – native and non-native – need to demonstrate unified support. We need our relatives and friends across the nation, as well as our brothers and sisters in Indian Country and Alaska, to stand with us.
The time is now.
We need to pass this legislation because it is important to the preservation of our way of life, and because it will finally bring parity in U.S. policy. We owe it to our mo‘opuna to ensure that the Native Hawaiian people have access to the rights that are already extended to the rest of the Nation's indigenous people.
As we close this year's convention, I applaud all of you for your dedication to, and aloha for, our Native Hawaiian community, and these islands that we call home. You have all met, collaborated, and shared mana‘o on the many ways that our community can be strengthened as we holo imua, move forward. As you depart, and return to your own communities and organizations, I ask you to remember what you have accomplished over the last few days, and to take this spirit of unity with you.
We have much left to do, to make things right for our future generations, — and I ask for your continued support and aloha as I return to Washington to con tinue to fight for our great state, and to enact the Native Hawaiian Government Reorganization Act. Mahalo, aloha, and imua.
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http://www.staradvertiser.com/editorials/sbeditorials/20101023_keep_oha_incumbents.html
Honolulu Advertiser, October 23, 2010
EDITORIAL
Keep OHA incumbents
The primary issue facing trustees of the Office of Hawaiian Affairs is, ironically, a piece of legislation that ultimately would lead to OHA's dissolution.
It's the Native Hawaiian Government Reorganization Act, better known for the past 10 years of its existence, in various forms, as the Akaka Bill. Its namesake, Hawaii's U.S. Sen. Daniel Akaka, said in a recent address at the Council for Native Hawaiian Advancement convention that he's got support for getting it on the calendar for a final vote by the U.S. Senate sometime during the lame-duck session that will follow the Nov. 2 election.
Whether Akaka's rosy outlook will be borne out in the closing weeks of Congress is uncertain at best. But the fact remains that the bill, which already has passed the House, is better positioned for enactment now than it's ever been or is likely to be again in the foreseeable future. There is limited bipartisan support for it now but it enjoys far more enthusiastic backing from a Democratic majority in both chambers that is certainly at risk of being thinned or overturned. And this White House is on record as supportive, as long as it clears that last Capitol Hill hurdle.
If it does, the labyrinthine process enabled by the bill — the creation of a new governmental entity that will take over OHA's custody of the native Hawaiian trust money and lands — will be helped by continuity on OHA's governing board of trustees. OHA's competence can serve the broader electorate as well: If the trust helps bolster the health of the Hawaiian community, that will take some strain off the social safety net that taxpayers support.
Three at-large seats and one representing the island of Oahu will be filled this year, and the Star-Advertiser believes the interests of the trust beneficiaries will be best fulfilled with the election of the incumbent candidates.
They are, in the at-large race:
» Rowena Akana has brought an occasionally contentious but valuable viewpoint to discussions about management of OHA assets since her first election in 1990. On the federal-recognition issue, she rightly advocates that OHA stay focused on finances and not on the politics of convening the permanent governmental body that will replace OHA.
» Oswald "Oz" Stender is another veteran of OHA and formerly of the Campbell Estate who survived the rocky end times of the Bishop Estate before its reformation. His skills would be very helpful if the Akaka Bill pass, and his recent work on behalf of native Hawaiian scholarships further underscores why his re-election would further OHA's mission.
» John Waihee IV seems to have bounced back from disturbing lapses in his last term that culminated a fine for a driving-under-the-influence charge. He was part of a move to refocus grant funds on projects with the most broad-based social impact. This strategic plan makes sense, given the battering the trust fund received in the financial collapse of 2008.
In the Oahu race the standout candidates include former lawmaker and OHA trustee Peter Apo, who also would serve the board well if he emerges on top of the balloting. However, the Star-Advertiser's endorsement goes to the one currently on the board, Walter Heen, the retired judge who also sat in the Legislature and the Honolulu City Council. His judicial and legal background should continue to be useful to the board, especially now.
One fair critique of OHA is that its service to native Hawaiian trust beneficiaries could have been improved over the years with a greater turnover on the trustee board, injecting broader professional expertise into the conduct of its business. But at this juncture there very well could be monumental changes on the horizon, and a wholesale changing of the guard would not be the best Election Day result for OHA or the people it serves.
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Online comment to the editorial on the newspaper's website, by Ken Conklin
I disagree strongly with this editorial. Vote against the incumbents as the only way we have to vote against the Akaka bill.
Here's how to vote in the OHA contests if you agree with me:
O'ahu seat: Vote for Jackie Burke -- she strongly and openly opposes the Akaka bill; and she has the education and work experience to actually help OHA do a few good things.
Maui seat: Vote blank. The incumbent Boyd Mossman is the only candidate, so show your opposition to Mossman by giving him a blank. I'll bet "blank" will get more votes than Mossman!
Three at-large seats: Vote for Keali'i Makekau, who opposes the Akaka bill and who furthermore says (correctly!) the bill is unconstitutional. I'm also recommending Kama Hopkins, who is an aide to Big Island trustee Robert Lindsey. Hopkins, like Lindsey, is a mellow fellow who focuses on monitoring the effectiveness of OHA programs and being accountable to the people. You have three votes for the at-large seats, but I recommend only those two candidates.
When voting for OHA trustees, there are two things to remember. (a) Thanks to the Rice v. Cayetano decision by the U.S. Supreme Court in February 2000, there is no longer racial segregation in voting for OHA trustees. Every registered voter, regardless of race, can vote for OHA trustees. (b) The O'ahu and Maui seats are specific to those islands only in requiring that the candidates must be residents of those islands; however, every registered voter living anywhere in Hawaii gets to vote for all OHA seats, regardless where the voter lives. It's a weird system, but designed to ensure that each of the five most populous islands (Kaua'i, O'ahu, Maui, Moloka'i, and Hawai'i Island) has at least one resident serving as OHA trustee, even though the great majority of voters live on O'ahu. Just remember: If your ballot offers you the opportunity to vote in a contest, it's not a mistake -- you can vote for the O'ahu seat even if you do not live on O'ahu.
One more thing: If you hate the Akaka bill, then vote AGAINST Charles Djou in Congressional District #1. Djou and Hanabusa hold exactly the same views on the Akaka bill -- they both support it strongly. But Djou, as a Republican, will be able to speak to his Republican colleagues and persuade some of them to vote for the bill, when those Republicans would never listen to Hanabusa. Nearly every Democrat in the HOuse votes for the Akaka bill. It's Republican votes they need in the next Congress when the Republicans will be in control, so vote AGAINST Djou for that reason.
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http://www.hawaiireporter.com/equality-for-native-hawaiians-and-all-other-americans
Hawaii Reporter, October 25, 2010
Equality for Native Hawaiians (and all other Americans)
BY JERE HIROSHI KRISCHEL -
In a recent debate
https://www.youtube.com/watch?v=o9d_p7uLfVw
our local politicians once again deceptively framed the Akaka bill as one that would provide some sort of "parity" between Native Americans, Native Alaskans, and Native Hawaiians.
Djou stated, "I think Native Hawaiians should have the same self-determination rights as Native American Indians." Hanabusa identified herself as one of, "those who feel that Native Hawaiians should at least have the same rights as Native Americans and Native Alaskans."
The problem is, they simply gloss over exactly what "rights" they're talking about. My cousin is part Native Hawaiian, and not part of any tribe. My son is part Cherokee, and not part of any tribe. Exactly what "rights" do Djou and Hanabusa think my son has that my cousin doesn't?
Neither my cousin, nor my son, get any tribal benefits. Neither of them have any inherent right to tribal lands, or casino income. Neither of them have any right to tribal membership, or tribal governance. But somehow, the Akaka Bill is supposed to bring the "rights" my son has as a Native American to my Native Hawaiian cousin.
Maybe what they really mean to say is that all Native Hawaiians, of even the smallest degree of ancestry, deserve parity with *tribal* members. Maybe they believe that every Native Hawaiian deserves to have a stake in a tribal casino, and a stake in tribal lands, and a tribal leadership which can remove them from the tribe for any imaginable pretext without any constitutional protections whatsoever. Maybe what they're really saying is that Native Hawaiian blood alone should confer rights that Native Americans and Alaskans by blood alone don't have.
There are two problems with this position. First off, they're not really promoting "parity" with Native Americans and Native Alaskans at all – they're saying that Native Hawaiians, by blood, deserve special treatment compared to Native Americans and Native Alaskans who aren't tribal members. By creating a special bit of legislation to bypass the standard tribal recognition process, they're establishing a brand new set of rights, conferred simply by racial background, to Native Hawaiians with even a single drop of Native Hawaiian blood.
The second problem is particularly pernicious – if the precedent is set that unrecognized indigenous people deserve a separate sovereign government, without the protections of the U.S. Constitution, what is to stop every person in the United States, with even the smallest drop of native blood, to demand a "reorganization" into their own new, sovereign government? As dangerous as U.S. Tribal law currently is, opening the floodgates to rights determination simply on the basis of race, rather than political history, can only be seen as even worse.
If Djou, Hanabusa, and Case really believe in equality, they should be working towards is ensuring that *all* Americans have the same rights, regardless of ancestry.
What this means is not an extension of existing tribal governments, but a dissolution of them.
It means writing a bill that explicitly declares that all citizens of the United States must enjoy the same rights of self-determination, neither more nor less than their neighbors.
It means ensuring that that a pure Cherokee born in the U.S., and a Native Hawaiian born in the U.S., get the same rights and protections as a first-generation Nigerian who was just naturalized yesterday.
It means not having to ask someone what race they are before deciding what rights they have.
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http://www.staradvertiser.com/news/breaking/106284028.html
Honolulu Star-Advertiser, October 28, 2010
Breaking News, posted 8:43 PM
Djou calls for nonbinding plebiscite on the Akaka Bill
By Herbert A. Sample, Associated Press
Republican U.S. Rep. Charles Djou said today he supports holding a nonbinding plebiscite in Hawaii on proposed federal legislation that would initiate negotiations for a new native Hawaiian government.
Djou stressed that he strongly supports the measure, and noted that neither U.S. nor state law would allow a binding vote on a new federal statute.
But some sort of advisory public vote in Hawaii would be acceptable if the bill is not passed during an expected lame-duck congressional session after Tuesday's general election, and if it is considered in the future, he said.
Regardless of an advisory vote, Djou added, "I definitely think there should be some public hearings in Hawaii" on the measure, which is known as the Akaka Bill after its chief sponsor, U.S. Daniel Akaka, D-Hawaii.
Djou, who won a May special election for Hawaii's 1st Congressional District, is locked in a tight race with Democratic state Senate President Colleen Hanabusa.
Hanabusa, also a strong advocate of the legislation, said Thursday she also supports more public hearings in Hawaii next year, but opposes any kind of plebiscite.
"The rights of an indigenous people, our host culture, you're going to put it up for a vote for everyone else? That doesn't make sense," Hanabusa said.
Native Hawaiian rights to self-determination and federal recognition have been "more than amply debated," she added. "People may not like the answer, but I think the people of Hawaii fundamentally believe that that should happen."
Jesse Broder Van Dyke, Akaka's spokesman, said in a statement that both Akaka and U.S. Sen. Daniel Inouye, D-Hawaii "are pushing hard to pass the Native Hawaiian Government Reorganization Act during the 111th Congress. It passed the U.S. House in February with bipartisan support," he said. "The bill has been the subject of over a dozen congressional hearings in Hawaii and Washington since it was drafted in Hawaii over a decade ago."
Djou has been under pressure recently from GOP foes of the bill to call for a binding vote.
Dick Rowland, founder and president emeritus of The Grassroot Institute, a Honolulu think tank, said he and many other Akaka Bill foes have emailed Djou's offices in recent days to prod the congressman into backing a binding plebiscite.
Hawaii residents voted on and approved statehood in 1959, he noted.
"Then we go split up the state with another nation, another sovereignty, without any kind of plebiscite or permission of the people... (that) is just not compatible with our system of government," he said.
The proposed federal legislation is backed by most major politicians in Hawaii, including Inouye, Republican Gov. Linda Lingle, and the two top gubernatorial contenders, Democrat Neil Abercrombie and Republican James "Duke" Aiona.
But a vocal segment of GOP activists have long criticized it.
"I'm hoping (Djou) wins," said one of them, Bill Burgess. "But if he wins and turns around and supports the Akaka Bill, I think that would be a disaster."
Ken Conklin, a retired college professor and ardent critic of the measure, recently wrote that he would back Hanabusa in Tuesday's vote because Djou would be able to attract Republican support to a proposal Conklin called "a great evil."
But Djou framed his ability to win more GOP support for the bill as a positive.
"Should the Akaka bill come back to the U.S. House, I'm confident that I'd be able to garner far more Republican support for the Akaka bill -- make it bipartisan, make it less controversial, and make its passage far smoother," he said during a recent radio interview.
v
The bill, which President Barack Obama supports, is now in the Senate, and could be considered during a lame-duck session. If it passes, it would face another vote in the House, Hanabusa said.
** Note by website editor Ken Conklin: This Associated Press story was sent to hundreds of newspapers, some of which published all or part of it. But interestingly, the article was never published in the print edition of the Honolulu Star-Advertiser where it was visible only in the online "breaking news." Other places where it was published included
WNCT 9 Eyewitness News, Greenville/Jacksonville North Carolina
http://www2.wnct.com/news/2010/oct/28/djou-says-he-backs-advisory-vote-on-akaka-bill-ar-492862/
and
CT Post (Bridgeport, Connecticut), October 28, 2010
http://www.ctpost.com/default/article/Djou-says-he-backs-advisory-vote-on-Akaka-bill-735656.php
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http://www.hawaiireporter.com/akaka-bill-three-questions-for-our-gubernatorial-candidates
Hawaii Reporter, October 29, 2010
Akaka Bill: Three Questions for Our Hawaii Political Candidates
BY DICK ROWLAND –
It is noticed that virtually every political talker who says they support the Akaka bill likes to say, in response to the "why" question, something like:
"I am in favor of the Akaka bill because it will be good for all of the people of Hawaii"
Duke Aiona says that. So does OHA. It seems reasonable to assume Governor Lingle thinks that. Otherwise she would not be in favor of the bill. Or, would she, could she, be in favor of a law that she knew was going to hurt some people in Hawaii just to look like she was helping others?
But, I digress. When a public figure makes the above statement, here is the logical, practical response:
What are three ways that passage of the Akaka bill will help all Hawaii residents? Let's look to former US Representative Neil Abercrombie for the answer. In public testimony before the Resources Committee of the US House in 2009, Abercrombie confidently (arrogantly?) explained that most do not understand the real depth of the Akaka bill. He then stated that it was all simply about ownership of land and control of money and who would do that.
Think about that. What do those two factors, controlled by a political leader, lead directly to? If you said "political power" you go to the head of the class. So, if we apply Abercrombie's testimony to the three questions theme we get:
Question One: What will happen to land? Abercrombie says we are dealing with 1.8 million acres of it all now under control of the state of Hawaii. In accordance with the Akaka bill, that land will be carved up and the new Akaka Tribe will get all or a lot of it, probably scattered all over the place in four counties. The question to Akaka bill supporters is thus; "What is good about this for all residents of Hawaii?
Question Two: What will happen to money? OHA has a lot of it. That would go into the new tribe. Also, see
https://www.angelfire.com/big11a/ForHawaiiansOnly.html
for identified government expenditures directed to Native Hawaiians now, before there is a tribe. That would probably continue via the new tribe. All revenues from the carved out lands (as from leasing) would go from the state of Hawaii to the tribe. The state will need to find more money or spend less. Who would provide infrastructure like sewage and water or roads for the new tribe? On the mainland, 565 tribes rely much on cities and counties for that. Some tribes pay and some don't. It seems to be mostly up to the tribe as to whether they pay or not. The cities and counties cannot tax the tribe. The question for the Akaka bill supporters: "Is all this good for all residents of the State?"
Question Three: What happens with political power? There is a new tribe formed. It will have a Chief; he/she will have a staff. Hawaii will still have a Governor and staff, etc. The tribe will have laws. It will have police. It will have taxes. It will have boundaries. Conflicts will occur. People will get mad. To the extent the Akaka Tribe has power, the state will have less people, land and power. For Akaka bill supporters, "How would this be good for all of Hawaii residents?"
Please view Abercrombie's testimony here. Then ask some questions of your politicians and the newsmedia. We need some answers— pronto.
https://www.youtube.com/watch?v=TYMeRg5Qs0w&feature=player_embedded
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http://www.hawaiireporter.com/one-nation-one-people-one-law-e-pluribus-unum
Hawaii Reporter, November 1, 2010
One Nation, One People, One Law: E pluribus unum.
BY JERE HIROSHI KRISHEL –
Present on the Great Seal of the United States since 1782, its meaning is both simple and profound – "Out of many, one."
Originally it may have been but a literal acknowledgement of the Union of the thirteen colonies, but as the years have gone by it has become a philosophical premise which we apply as a standard of morality.
It is today a clarion call for the respect of diversity, an acknowledgement that while we may have our differences, we are one people, under one law. Each citizen of the United States takes for granted that regardless of their racial background, cultural background, or family history, they are endowed by their Creator, the same unalienable rights as all their other fellow citizens.
The startling truth, however, is that we have a lot further to go before our laws and our country are aligned with this noble motto. Just as the institution of slavery stood as a stain against the noble ideals upon which our constitution was based, today we live under a government which has yet to make good on the motto, ‘E Pluribus Unum.'
While our constitution expressly prohibits denying people equal treatment under the law with the fourteenth amendment, our government has often both willfully and woefully ignored this basic guarantee.
The race-based quota system of affirmative action is perhaps the most visible example of this violation of constitutional rights (with a low point in Grutter v. Bollinger, and some progress recently with Ricci v. DeStefano).
The idea of treating people differently because of their racial background is anathema to the concept of civil rights, and the "fighting fire with fire" philosophy of fixing racial discrimination by using more racial discrimination is hypocrisy at its worst.
However, an even more egregious violation of the principle of equal treatment exists in current Indian law, and an even greater danger is presented to us with the Akaka Bill that has been proposed in various forms for the past ten years.
As it stands today, we have three distinct classes of citizenry in the United States – tribal leaders, tribal members, and non-tribal citizens. Tribal leaders stand generally above the law, with no constitutional checks on their power.
The Supreme Court in its Nevada v. Hicks (2001) case stated, "it has been understood for more than a century that the Bill of Rights and the Fourteenth Amendment do not of their own force apply to Indian tribes."
This exemption from the basic protections afforded to other citizens places tribal members in the most disparaged class of the three, leaving them at the whim of their tribal governments.
While under tribal jurisdiction, non-tribal citizens fare just as poorly, but they at least have the wherewithal to escape from the reservation, while tribal members face the threat of tribal expulsion, confiscation of the lands their family may have lived on for generations, and even loss of custody of their own children.
Today, there are 565 federally recognized tribes which may freely violate the constitutional rights of their members. The Shinnecock Nation, backed by Gateway Casino Resorts, with only 1,292 members, became number 565 on October 1, 2010, after all appeals to their recognition (including objections from other already established casino tribes) were exhausted.
The Shinnecock, and the other 564 federally recognized tribes, are granted exemptions from state and local jurisdictions, creating a special class of citizenry not subject to the rights and laws of their peers.
These federally recognized tribes also have access to lucrative federal assistance programs (regardless of any tribal casino income), funded by non-tribal taxpayers and controlled exclusively by tribal leaders. So instead of ‘E Pluribus Unum,' the truth is that today we live in a country governed by ‘E Pluribus Pluribus,' with a constant, yet often overlooked, division of people into different strata of citizenship.
The Akaka Bill serves as yet another continuation of that deplorable trend, promising to "reorganize" everyone with the smallest drop of native Hawaiian blood into an Indian tribe, with all the equal protection problems that come with it.
Specifically constructed to protect current race-based programs targeted at native Hawaiians, the Akaka Bill is a headlong dive into the constitutional loophole provided by Indian Law, and promises to divide the State of Hawaii in the most wrongheaded manner imaginable.
From a purely self-interested point of view, it's no wonder that future Akaka Tribe leaders want to get in on the Indian Tribe game – between the casino money, and the federal dollars appropriated (regardless of whether or not a tribe is economically self-sufficient), even the most reasonable and rational person might be sorely tempted.
An investigation into recent native Hawaiian grants handed out by the government at
https://www.angelfire.com/big11a/ForHawaiiansOnly.html
identified details of over 856 grants totaling approximately $322,220,808 during a period of a few years ending April 2011, plus others now totaling several Billion dollars.
While only a drop in the bucket compared to the more than 4 billion spent on Indian tribes every year (the BIA is unable to give any exact number), there is no question that we're talking a lot of money, and a lot of temptation. It will be a long road for our country, to repair the self-inflicted wounds of ‘E Pluribus Pluribus.'
Ending the second and third class citizenship status of existing Tribal Law, and preventing the enactment of further injustices like the Akaka Bill will not be easy – the forces arrayed against a nation of one people, under one law, have resources common citizens simply cannot match.
But in the end, no matter how long or difficult the struggle, the United States will one day live up to its noble ideals of its founding – E Pluribus Unum.
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http://www.oha.org/kwo/2010/11/KWO1011.pdf
Ka Wai Ola (OHA's monthly newspaper)
November, 2010
Monthly trustee column by Boyd Mossman (Maui), page 37
Excerpts related to the Akaka bill:
" ... the fate of the Akaka bill is still up in the air and our delegation has just a short window as a lame-duck Congress to pass the bill. We are in a serious situation and will need the votes of this year's Congress to get the bill through by Christmas. ...
"As we close this year we need to recognize that no matter how much the state owes us, no matter how much we succeed in perpetuating our culture, all will be for naught without federal recognition. Why? Because without this legal shield, the darts of our opposition will pierce and kill any efforts we make to protect and secure our culture and our people for the future. The Legislature won't have to pay us from ceded land revenues, OHA will no longer need to exist. Hawaiian Homes will be opened to all. Equal treatment will trump indigenous recognition. The Akaka bill has one more shot. What can we do? A call, an e-mail and a prayer might be helpful."
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http://www.hawaiinewsnow.com/Global/story.asp?S=13442570
Hawaii News Now (KGMB TV and KHNL TV)
November 3, 2010
Election Day outcome bad for Akaka Bill
By Tim Sakahara
HONOLULU (HawaiiNewsNow) - While Democrats won big here in Hawaii that wasn't the case across the rest of the country. So many Republican victories could mean defeat for the Akaka Bill. The lame duck session in Congress will start November 15 and it's unrealistic to think the Native Hawaiian Government Reorganization Act will get to a vote on the senate floor before Christmas.
"I would say as a result of yesterday the odds are bad. I'm being very candid and upfront because I don't want people to have their hopes unjustifiably raised because at this stage I would say it's not one of the so called priority measures. There are certain appointments of judges that will go down the drain also," said Sen. Dan Inouye, (D) Hawaii.
At this point it's unknown if it would pass after the new senators are sworn in.
"I don't know I have to get back to Washington to discuss this matter with my Republican colleagues," said Sen. Inouye.
Still Senator Daniel Akaka says he'll try to get the bill heard despite the challenges.
"Well we're going to do the best we can to get that bill to the floor before we adjourn this year," said Sen. Akaka. "I'm still optimistic but we're going to work on this."
People who disagree with the bill say it's even worse knowing that politicians will try to push it through knowing the makeup of Congress will be changing in less than two months.
"I think it's irresponsible for our elected officials to try and push something threw during this lame duck session especially when it's not the will of the people," said Jamie Story, Grassroot Institute of Hawaii President. "The measure has never passed the senate even when there was a strong democrat majority and I think the more people learn about the Akaka bill and even people that believe there should be some recognition or reparation for native Hawaiians once they look in the bill and see how flawed it is how vaguely it's written how much it could harm our state I think people on both side of the aisle see it's not a good piece of legislation."
The Akaka Bill has already passed in the House of Representatives, but has yet to pass in the Senate. At least six new Republican senators were elected last night.
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http://www.kitv.com/news/25640889/detail.html
KITV 4, November 4, 2010
Hawaii's Akaka Bill Appears Dead Now That Republicans Control U.S. House
Denby Fawcett KITV 4 News Reporter
HONOLULU -- Hawaii's Akaka bill to bring self governance to native Hawaiians appears dead in its tracks with Republicans taking over control of the U.S. House in January.
Hawaii's Sen.Dan Inouye (D) said, "the odds of the Akaka bill passing are very bad."
"I want to be upfront and candid because I don't want people to have their hopes unjustifiably raised. At this stage, it is not one of the so-called priority measures," said Inouye.
Republican U.S. Rep. Charles Djou said he might have been able to help with the Akaka Bill if he had been re-elected. He was defeated Tuesday by Hawaii State Senate President Colleen Hanabusa (D)..
Djou said if he had remained Hawaii's First Congressional district representative, he could have participated in the majority caucus in the House to push for Hawaii legislation.
"The Akaka Bill is going to be doubtful now without a bi-partisan Congressional delegation from Hawaii," said Djou.
After Djou steps down in January, Hawaii's four member delegation will be all Democrats.
The Akaka Bill has been on life support since it was born. Hawaii lawmakers struggled for the last decade to gain support for the bill critics say unfairly favors Hawaiians over other racial groups.
"I think it is going to be more of an exceptional struggle now. If Sen. (Daniel) Akaka (D) was unable to get the Akaka Bill through with a Democrat president and overwhelming Democrat majorities in both the House and the Senate, I think the task is going to be almost impossible," said Djou.
Sen. Akaka said Thursday he has not given up hope.
Akaka said he recognizes the difficulty with Republicans running the House, but when he returns to Washington, he will reach out to his Senate colleagues to remind them of the bill's importance to Hawaii.
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http://www.staradvertiser.com/editorials/offthenews/20101108_Off_the_News.html
Honolulu Star-Advertiser
Off the News For Monday, November 8, 2010
Time to say goodbye to Good Ship Akaka Bill?
It was meant as an honor years ago, but at this moment, U.S. Sen. Daniel Akaka might be wishing the bill to enable federal recognition for native Hawaiians had not been named for him. The Akaka Bill's chances for success in the lame-duck session are looking pretty, well, lame. His prepared statement:
"Senator Akaka continues to work on the bill but recognizes the challenges. When he returns to Washington he will again reach out to his Senate colleagues and stress the importance of the bill to Hawaii."
Translation: The ship has probably sailed, but we'll stand on the dock and wave.
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http://www.necn.com/11/09/10/Native-Hawaiian-government-faltering-in-/landing_politics.html?&blockID=3&apID=39b439f543dc495d94de2adb2b0b5c79
New England Cable News (Comcast Inc., Newton Mass.)
November 9, 2010
** A cut-down version of this article was published by the Honolulu Star-Advertiser the following day, November 10, at
http://www.staradvertiser.com/news/20101110_Chances_for_Akaka_Bills_passage_expected_to_be_slim.html
Native Hawaiian government faltering in Congress
HONOLULU (AP) — A long-sought federal law allowing Native Hawaiians to form their own government stands little chance of passing Congress before the end of the year, and its approval may be even less likely after a Republican House majority takes office in January.
Native Hawaiians are the last remaining indigenous people in the United States that haven't been allowed to establish their own government, a right already extended to Alaska Natives and Native American tribes.
Democratic Sen. Daniel Akaka, for whom the legislation is named, said he will push to pass the bill during the Senate's lame-duck session starting Monday, but the chamber also will be busy with tax cut extensions and a stop-gap spending measure to keep the government running.
"I think it's as good as dead," said outgoing U.S. Rep. Charles Djou, R-Hawaii, who supports the measure. "We had a situation where the president of the United States said he would sign the Akaka bill and the Democrats held overwhelming majorities in both chambers, and Sen. Akaka wasn't able to get it through."
More than 117 years have passed since the Hawaiian Kingdom was overthrown, and this measure is an effort to begin reconciling the federal government with the nation's 400,000 Native Hawaiians.
The legislation passed the U.S. House 245-164 in February but stalled in the Senate, where it failed to get consideration in the months before last week's election.
"The odds are bad," U.S. Sen. Daniel Inouye, D-Hawaii, told KGMB-TV. "I'm being very candid and upfront because I don't want people to have their hopes unjustifiably raised, because at this stage I would say it's not one of the so-called priority measures."
Just a few months ago, the proposal for a Native Hawaiian "nation within a nation" looked like it could finally become law after more than a decade of attempts.
Hawaii-born President Barack Obama and the powerful Inouye supported the bill, and it had enough support to pass if it could have reached the Senate floor for a vote. Republican Gov. Linda Lingle reinstated her support following a deal to change the bill to clarify that a future Hawaiian government wouldn't provide immunity from the state's laws unless Congress agrees after negotiations.
But the bill never came up as the Senate occupied itself with extending unemployment insurance, approving a small business loan program and confirming Elena Kagan to the U.S. Supreme Court.
"I wouldn't rule out the chance that it could be passed next year," said state Office of Hawaiian Affairs trustee Rowena Akana. "This is the right thing to do. It doesn't have anything to do with being a Democrat or a Republican."
The Native Hawaiian legislation would start negotiations for a new Native Hawaiian government and the land, money and power that comes with it.
Several Republican senators have said they oppose the measure because they see it as race-based favoritism, and a minority of Native Hawaiians — including some who want complete independence — dislike the bill because they say it doesn't go far enough to redress past wrongs.
The measure would racially segregate families and communities into groups with different rights based on whether or not they have Hawaiian blood, said Jere Krischel, a member of the Grassroot Institute of Hawaii, which opposes the bill.
"They'll have a very difficult time making the case that this is important enough to do despite all the objections and problems people have with it," said Krischel, a self-described volunteer historian and civil rights activist. "In a Congress, that was overwhelmingly voted out, it just wouldn't play well."
If the bill fails, its downfall will be partially attributed to amendments proposed by Hawaii's Democratic congressional delegation last December in response to requests by the Department of Justice and the Department of the Interior.
One of the proposed changes would have immediately given the Native Hawaiian governing entity many of the rights that Native American tribal governments enjoy before negotiations with the federal government.
Lingle opposed the changes until Hawaii's senators agreed in July to again modify the bill. The time lost between December and July damaged the measure's opportunity for receiving Senate approval.
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http://www.staradvertiser.com/editorials/guesteditorials/20101110_Leave_Akaka_Bill_to_Hawaii_voters_not_to_the_politicians_in_DC.html
Honolulu Star-Advertiser, November 10, 2010
COMMENTARY
Leave Akaka Bill to Hawaii voters, not to the politicians in D.C.
By Fred Rohlfing
The American people have spoken. A Republican wave has swept over most of the nation -- but not Hawaii.
How will all this affect Hawaii's No. 1 federal issue, the Akaka Bill? Will it be approved by the Senate in the lame-duck session scheduled by Democrats before they lose control of the House on Jan. 3? Notwithstanding national Republican gains, Hawaii's delegation leader, U.S. Sen. Daniel K. Inouye, is still in a very powerful position to get the Akaka Bill on the floor agenda of the Senate. Inouye is the nation's most senior senator, chairs the Senate Appropriations Committee and ranks third in line of succession to the presidency.
But even for one as strategically positioned and powerful as Inouye, it won't be easy. Some of the nationally significant issues non-Hawaii Democrats may emphasize are:
» Stopping a Dec. 1 23.5 percent cut in Medicare/TRICARE payments;
» Funding the government beyond Dec. 1;
» Extending Bush tax cuts due to expire Jan. 1; and
» Passing a defense authorization bill.
Does the Akaka Bill have enough leverage to compete with these issues? Could Inouye attach the bill to one of the big issues as a rider?
What are the Akaka Bill issues?
Reneging on statehood sovereignty promises? Remember? When we achieved statehood in 1959, we all voted in a plebiscite overwhelmingly ratifying our new contract as first-class citizens of the most powerful nation in the world.
Is the Akaka Bill constitutional? In my book, "Island Son," I analyze cases that bear on this overarching issue. My conclusion: The bill is unconstitutional because our Constitution is fundamentally race-blind. Special privileges for certain ethnic groups are forbidden.
Is the Akaka Bill good policy? No. We have never subscribed to legally enforceable special advantage to any one race before. We are one people, an ohana that's "all mix-'em up" ethnically but together socially. The sum of the parts is greater than the parts themselves. Our ohana is thoroughly imbued with the aloha spirit contributed by the Hawaiian people along with a deep love of these islands and all who live here. The Akaka Bill divides rather than unifies our people.
Let's look at jurisdictional chaos. Conflict between the various governing bodies in Hawaii is inevitable if the Akaka Bill becomes law. We have enough problems with the current interaction among our governments now -- federal, state and county -- so as not to create a sovereign within a nation.
Political correctness? Many of our leaders support the Akaka Bill because they fear being accused of being critics of the Hawaiian people. But those of us who are Akaka Bill critics are neither critics of the Hawaiian people, nor their current support programs; rather, we are critics of the crazy complicated legislative scheme that has been dreamed up by lawyers and politicians that will affect all of us in Hawaii and over which we have had no control.
Hey! What about us? Does anyone care what we citizens of Hawaii want? Something as fundamental and far-reaching in effect as the Akaka Bill should be referred to our people for approval or disapproval. Our Washington delegation owes us the opportunity to express our views before acting upon the Akaka Bill. That sovereignty could be stolen from the people of Hawaii and given to one racial group by a lame-duck Congress convened some 6,000 miles from Hawaii nei, would be an insult to our democratic right to self government, our ohana and our American heritage.
Fred Rohlfing is a former state senator and author of "Island Son: The Life and Times of Hawaii's Republican Reformer."
----------------
http://www.mauinews.com/page/content.detail/id/542858/Abercrombie-will-favor-Native-Hawaiians.html?nav=18
The Maui News, November 13, 2010, Letter to editor
Abercrombie will favor Native Hawaiians
A Nov. 7 letter writer asked how Neil Abercrombie will treat Hawaiians. My answer is, Abercrombie will make ethnic Hawaiians the state pet, stroking them and giving them all manner of special treats at everyone else's expense.
If the Akaka Bill passes and the Akaka tribe gets created, Abercrombie has already made clear what he wants. In a four-part interview in Indian Country Today, Abercrombie said he believes all 2.2 million acres (his own incorrect number) of ceded lands rightfully belong to ethnic Hawaiians - that's 95 percent of all the government-owned lands in Hawaii.
Abercrombie pushed through the U.S. House the most radical, dangerous version of the Akaka Bill there has ever been. Then, at the end of that week, he resigned to run for governor.
In earlier times, the Indian tribes used to refer to the U.S. president as "our great white father." Having been elected governor, Abercrombie has now been empowered to be the great white father of the Akakakanaka tribe.
The only way to stop him from giving away all our public lands to the tribe (or to the Office of Hawaiian Affairs in the meantime) is to send strong, clear and repeated demands to our state legislators to protect the rights of all our people against the demands of Abercrombie's tribe.
Kenneth R. Conklin
Kaneohe, Oahu
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http://www.staradvertiser.com/editorials/sbeditorials/20101115_Ailing_Akaka_Bill_inexcusable.html
Honolulu Star-Advertiser, November 15, 2010
EDITORIAL
Ailing Akaka Bill inexcusable
When Hawaii-born Barack Obama was sworn in as president, it seemed certain that Congress would quickly approve, as it should have, a bill allowing negotiations to go forward toward a native Hawaiian government. But now, time is running out because of delays caused by changes to the bill made in the U.S. House -- and Hawaii's delegation needs to take action quickly or face the costs of failure.
Saving the bill may be impossible. Any attempt to resurrect it in the next two years probably would be futile because of a polarized Congress. Republican leaders have opposed it, arguing that the proposal would be unconstitutionally race-based. Thanks to the midterm elections, the GOP will rule the House come January and is poised to defeat Democratic attempts in the Senate to reach a necessary 60-vote super-majority on any given issue.
Gov. Linda Lingle supported Hawaiian sovereignty but opposed controversial changes that were included in a bill approved by the House in February. U.S. Sen. Daniel Akaka had not informed Lingle about the changes, patterned after Native American laws and granting sovereignty before instead of after negotiations with the state and federal governments on land use and cultural issues.
Not until July did Akaka, for whom the bill is named, and U.S. Sen. Daniel Inouye agree to remove the House-approved changes from the Senate's version of the bill. Lingle then promptly sent letters to all senators renewing her support of the Senate bill. If the Senate were to approve the form of the bill supported by Lingle, that version would need to be sent back to the House for enactment.
Consumed with issues of extending unemployment insurance, small business loans, confirmation of Elena Kagan to the Supreme Court and reelection campaigns, the Senate since then has taken no action on the Akaka Bill.
Both houses of Congress in their lame-duck sessions are embroiled in issues such as extending tax cuts from the George W. Bush administration, repeal of the military's "don't ask, don't tell" policy, extending unemployment insurance, child nutrition, ratification of an arms control treaty and a backlog of spending bills.
Delays causing Hawaiian sovereignty to move to the back of the line at this late date are excuses, not reasons, after a full decade of debate. Akaka should realize that they will haunt him in two years, when he says he will run for reelection to a six-year term at age 88, possibly against Lingle, who says she is considering such a candidacy.
Inouye said "the odds are bad" that the bill will be enacted this year. "I'm being very candid and upfront because I don't want people to have their hopes justifiably raised, because at this stage I would say it's not one of the so-called priority measures."
Hawaii's powerful senior senator would certainly know, despite the optimism of advocates like Office of Hawaiian Affairs trustee Rowena Akana, who "wouldn't rule out the chance that it could be passed next year."
In reality, proponents of Hawaiian sovereignty are watching the Akaka Bill's best chances of passage vanishing -- and must resign themselves to targeting movement after the 2012 election, if ever.
==================
On November 15, 2010 (lame duck session) a new version of the Akaka bill was introduced. Here's the full text of the new version of the Akaka bill, whose bill number is S.3945
http://tinyurl.com/23ov9m2
The newly introduced bill is allegedly the compromise version of the bill which was agreed to by Hawaii Governor Linda Lingle. Great caution must be exercised regarding whether this new bill is truly intended to be passed, or whether it is merely a decoy to draw attention while the more dangerous HR.2314 is actually offered for cloture on the floor or inserted as a rider or by reference in another bill. That sort of stealth decoy maneuver is what actually happened in 2005-2006. See
https://www.angelfire.com/big09a/AkakaManeuversSeptDec2010.html
In September the Church of the Crossroads hosted three consecutive Sundays of lecture/discussions on the Akaka bill, moderated by Dr. Chuck Burrows of the Kailua Hawaiian Civic Club. Those three events were taped by 'Olelo TV and are now being broadcast on Channel 53 (NATV) at various times.
The easiest way to see them all is on Friday November 19, Channel 53, from 12:30 to 4:00 PM. So set your video recorders.
1. Ken Conklin, opposing Akaka bill because of support for unity and equality, 66 minutes. (12:30 to 1:37; then unrelated fillers until 2:00)
2. Esther Kiaaina, supporting the Akaka bill, officially representing OHA. (2:00 to 3:00)
3. Kekuni Blaisdell and Dexter Kaiama, opposing the Akaka bill from the perspective of supporting Hawaiian independence. (3:00 to 4:00)
There are other scattered times for rebroadcasts of the three events on Wednesday and Thursday; and perhaps there will be additional showings after Friday. Check the Olelo TV listings on the 'Olelo website.
===============
http://www.hawaiifreepress.com/main/ArticlesMain/tabid/56/articleType/ArticleView/articleId/3254/New-version-of-Akaka-Bill-introduced-in-US-Senate.aspx
Hawaii Free Press, Tuesday, November 16, 2010
UPDATE: New version of Akaka Bill introduced in US Senate
By Andrew Walden
A new version of the Akaka Bill was introduced yesterday in the US Senate by Sen. Dan Akaka (D-HI). In accordance with Senate rules, the new bill, designated S. 3945, was read twice on the Senate floor and then referred to the Senate Indian Affairs Committee. A text of S. 3945 is not yet available.
(Update Nov 17 8:30AM HST: Text of S3945 is not yet available, but Jesse Broder van Dyke of Akaka's office tells Hawai'i Free Press the bill was introduced in order to show in the Congressional Record that Akaka was upholding his July agreement with Governor Lingle. This implies that S3945 is a pro-forma effort. The introduction of S3945 further implies that S1011 will not be reaching the Senate floor where Akaka would have been able to uphold his agreement with Lingle by introducing an amendment in the form of a substitution.)
The Indian Affairs Committee will be meeting Thursday, November 18 in Dirksen Senate Hearing Room 628 at 9:30 Am EST for a "Business Meeting on Pending Committee Issues". Neither S. 3945, nor the version of the Akaka Bill previously passed by Indian Affairs, S. 1011, is included on the agenda. The business meeting is to be followed by a hearing on an unrelated bill.
The US Senate is currently holding a "lame duck" session scheduled to recess before Thanksgiving, November 25. Senators are likely to re-convene in early December and recess for the last time before Christmas. No meetings of the Indian Affairs committee are yet scheduled for December.
Sen. Inouye November 3 described the Akaka Bill as "not one of the so called priority measures" and characterized it's chances of passage as "bad."
If the language of S. 3945 is congruent with the changes negotiated with Governor Lingle last July, and is placed on the agenda and then passed by Indian Affairs on Thursday, the bill would have to be passed by the full Senate and then would have to go to Conference committee to work out the discrepancies between S 3945 and the Abercrombie "instant tribal jurisdiction" version of the Akaka Bill passed by the US House on the day Abercrombie resigned. Several Republican Senators have placed "holds" on S. 1011 preventing it from reaching the Senate floor. It is nearly certain that the same GOP Senators will also put a hold on S. 3945 should it ever emerge from Committee.
Sen. Inouye could also attempt to surreptitiously attach the new version of the Akaka Bill to must-pass legislation, such as an extension of the Bush tax cuts, something he has pledged not to do. Inouye is the only listed co-sponsor of S. 3945.
With Americans reasserting control over the House and gaining ground in the Senate, chances for the Akaka Bill in future Congresses look dim. Any measure not passed into law before January 3, 2011, when the new Congress convenes, must again start the process from the beginning.
Passage of the Akaka Bill would amount to the most significant change in Hawaii's political system since Statehood. As usual these events have so far gone unreported by Hawaii news media and there is no news release or statement from the office of Senator Akaka or Inouye.
Ironically, the Akaka Bill was seen as having its best chance of passage ever with Democrats in control of the House, the Senate and President Obama having pledged in December, 2004, to support the Akaka Bill in exchange for the early-money Hawaii fundraising which launched his Presidential campaign.
However Inouye offered no resistance as Abercrombie and Akaka re-wrote the bill to establish instant criminal and civil jurisdiction and limit membership to "Qualified Native Hawaiian Constituents" potentially excluding more than 73% of all Native Hawaiians. This maneuver, conducted behind the back of Governor Lingle, cost the Akaka Bill's is last best chance for passage by forcing Lingle and Bennett to come out in opposition. It is difficult to escape the conclusion that Inouye sabotaged the measure by allowing Akaka and Abercrombie to re-write it.
Hawai'i Free Press will further update this article when the text of S. 3945 becomes available.
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http://www.mauinews.com/page/content.detail/id/542988/Failure-of-Akaka-Bill-shows-God-has-a-plan-for-Hawaii.html?nav=18
The Maui News, November 17, 2010, Letter to editor
Failure of Akaka Bill shows God has a plan for Hawaii
The Nov. 10 headline today "Akaka Bill 'as good as dead' - lawmaker" is the best political news I've read this year. Thank God.
The Akaka Bill is proof of the fact that the so-called apology for the theft of Hawaii and the liberty of the Hawaiians, signed off on by President Bill Clinton, was neither honest nor sincere, else they would have returned the stolen horse with damages. The kingdom of Hawaii is destined to become what Israel and Jerusalem would have become had the Jewish leaders accepted, rather than crucified, Jesus as their anticipated son of God - the spiritual and, possibly, political capital of the world.
The prince of peace has had his eye on Hawaii for a long time, knowing full well, after his crucifixion, that sometime in the future, some place on Earth would be needed to serve the function of the spiritual and political capital of the people of the world. He led the kanaka to the discovery and habitation of Hawaii Nei, and he had this purpose in mind before Hawaii was inhabited. The time is ripe for the disoccupation of the reinstated, lawful kingdom of Hawaii.
That which the world needs most to know is: Men are the sons of God and through faith they can actually realize and daily experience this ennobling truth. Brothers and sisters, the kingdom of God is at hand.
James D. Kimmel
Kula
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http://www.staradvertiser.com/editorials/letters/20101117_Letters_to_the_Editor.html
Honolulu Star-Advertiser, November 17, 2010
Letter to editor
Injustice again with Akaka Bill
The armed overthrow of the Hawaiian monarchy in 1893 and the refusal of the William McKinley administration and Congress to respect the Hawaiian nation's wishes for its return says only that the USA hasn't changed much today. The politicians in Congress still want to treat the overthrow as a race issue as well as a political one. They have again failed to recognize that the issue is a constitutional one in which the Congress and the president failed in their kuleana. It appears that Congress will repeat what was done in 1893. The Akaka Bill is small restitution for an illegal act a long time ago. Auwe!
Wilbur Luna
Kapolei
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http://www.hawaiireporter.com/the-akaka-bill-poorly-understood-misrepresented-legislation-in-congress
Hawaii Reporter, November 17, 2010
The Akaka Bill: Poorly Understood, Misrepresented Legislation in Congress
BY FRANK SCOTT - There is obviously need to address native Hawaiian issues as has been true for Native Alaskans and American Indians. But the Akaka Bill is misleading in this respect. It is undoubtedly one of the most misrepresented and poorly understood bills submitted to Congress on Hawaiian issues. The Bill portends to right the wrongs done to indigenous Hawaiians by the United States and proposes a separate government entity to address current needs, including the right to negotiate for large areas of land from the State of Hawaii.
Justification for the Akaka Bill to counter assumed adverse actions against the former Hawaiian Kingdom by the United States has no basis. The assumption that the overthrow of the Hawaiian Kingdom in 1893 was instigated by the United States is based on speculation. The 808 page Morgan Report submitted the the US Senate in 1894 refutes all reports indicating US involvement, including the Blount Report requested by President Cleveland. Since there is no conclusive information indicating US involvement in the overthrow of 117 years ago, this issue might best be put to rest.
The need for creating a separate government entity for Native Hawaiians is ill conceived in many respects. The Bill indicates that anyone with a trace of Hawaiian ancestry, regardless of place of birth or residence, is eligible for membership in the proposed government. It is reported that 90 percent of the membership in this classification has less than 10 percent indigenous Hawaiian ancestry and only a small segment is predominantly native Hawaiian. This is in sharp contrast to the Hawaiian Homes Act which requires 50 percent native origin and thus addresses the needs of people who are predominantly Hawaiian.
The Akaka Bill provides no information as to the type of government for the new entity or how responsibilities for legal, educational, and infrastructure would be shared between the State of Hawaii and the indigenous government. This is a particularly serious problem considering the fact that the vast majority of so called indigenous Hawaiians are intermarried with other ethnic groups and completely integrated into the society at large. Only a tiny segment of native Hawaiians, such as on the island of Niihau, live in separate native villages like the natives of Alaska and the US mainland.
Sponsors of the Akaka Bill in presenting it to Congress have largely emphasized its justification and needs rather than aspects and implications. Thus, except of the few people who might study the bill in detail, the extent of knowledge of the proposal as a basis for approval is questionable. And those responsible for submitting the bill have been reluctant to submit it for review in Hawaii prior to submitting it to Congress.
Frank Scott is a resident of Kailua, Hawaii
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http://www.staradvertiser.com/news/20101118_Akaka_submits_new_version_of_Hawaiian_recognition_act.html
Honolulu Star-Advertiser, November 18, 2010
Akaka submits new version of Hawaiian recognition act
Passing the measure would be tough in the lame-duck session and get even harder next year
By Star-Advertiser staff
U.S. Sen. Daniel Akaka has introduced a compromise version of a native Hawaiian federal recognition bill and is waiting to hear from Senate leaders whether legislation can move during a lame-duck session before the end of the year.
The version was negotiated between the state's congressional delegation and Gov. Linda Lingle's administration in July and has the support of the governor. If Akaka is given time on the Senate floor this year, however, the version would likely be offered as an amendment to an older version of the bill that moved through the committee process.
"It was just to get it on the record and to show the world that we are going to honor the agreement with Lingle," explained Jesse Broder Van Dyke, an Akaka spokesman.
The bill would establish a process for Hawaiians to form their own governing entity and negotiate with the federal and state governments on land use and cultural issues. The compromise reached with Lingle would protect the state's regulatory power over public health and safety during the negotiations.
Akaka, D-Hawaii, likely needs 60 votes to break Republican procedural opposition in the 100-member Senate. Akaka has been relying on one Republican, Sen. Lisa Murkowski, R-Alaska, to help him get to 60 votes. Murkowski lost in the GOP primary but has won in the general election as a write-in candidate.
If the bill clears the Senate, it would have to go back to the House for approval, since the House passed a different version of the bill earlier this year.
Clearing both chambers would be difficult given the short amount of time left this year. The bill may have an even more difficult road next year, when Republicans take over the House and increase their ranks in the Senate.
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http://www.hawaiireporter.com/the-akaka-bills-immunity-question
Hawaii Reporter, November 18, 2010
The Akaka Bill's Immunity Question
BY MALIA HILL - When Gov. Linda Lingle announced, with all due flourishing, her newly acquired support for the Akaka Bill, a big part of her new-found appreciation for divisive race-based legislation was in the compromise over criminal immunity that was theoretically being added to the bill. (I say "theoretically" because–while that language was added to the House version of the Bill–there is no guarantee that it will survive to a final version.)
Lingle was understandably concerned that Native Hawaiians under a new tribal government might be immune from prosecution of criminal activity under state law. Before anyone starts planning to discover a Native Hawaiian ancestor and set up a counterfeiting ring, I should point out that tribal governments can still prosecute such crimes (and are generally expected to do so). In short, the question of immunity in a new Native Hawaiian government was a critical one. So at least that has been addressed, right?
Not so fast.
In addition to the fact that there is no guarantee that the criminal immunity provisions survive to a final version of the Akaka Bill, there is also the fact that the problem doesn't end with criminal immunity.
Consider this story:
On November 29, 2005, Robert Gutierrez, an employee of the Pueblo of Santa Clara in New Mexico, was driving a car owned by the Pueblo on Pueblo business. That business took him outside of the tribal boundaries of the Pueblo, into a town in the state of New Mexico. It was while he was off of tribal land (though still in a tribe-owned car on tribe-business) that Gutierrez made an improper turn into oncoming traffic and caused a car accident.
Peggy Reed and Timothy Reed, a husband and wife who were injured in the accident, sued Gutierrez and the Pueblo for damages arising from their injuries. The Pueblo and Gutierrez didn't deny their part in the accident–they merely argued that the doctrine of tribal sovereign immunity protected them from the lawsuit. And sadly for the Reeds, the court agreed, dismissing their lawsuit–a decision that was then upheld by the New Mexico Court of Appeals. And all based on the concept of tribal sovereign immunity.
How does this relate to the Akaka Bill? Well, if the bill is passed and Native Hawaiians are provided with the same tribal immunity, it brings an unfair and divisive element to our islands. If you are crossing the street with your spouse/husband/grandmother, and you're hit by a Love's truck doing some deliveries, you can sue Love's and the driver for your injuries.
That's how you can recoup the cost of your medical bills, lost pay at work, chronic pain, and so on. However, under the post-Akaka immunity scenario, if that truck is owned by the Native Hawaiian government and driven by one of their employees, you're just out of luck. Tribal sovereign immunity prevents you from being able to sue the Native Hawaiian government for your hospital bills, your Grandmother's wheelchair, the 3 months of work you missed, or anything else.
These are the kinds of problems we're speaking of when we warn the people of Hawaii that the Akaka Bill poses a real danger to our state and the spirit of aloha that makes it such a special place to live.
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http://www.mauinews.com/page/content.detail/id/543077/Kanaka-maoli-not-the-same-as-American-Indians.html?nav=18
The Maui News, November 19, 2010, Letter to editor
Kanaka maoli not the same as American Indians
When will people like a Nov. 13 letter writer and draft-dodger governor-to-be realize we are not a tribe of Indians that their ancestors killed to make America? Kanaka maoli are people of a living Hawaii kingdom nation.
When will they get off the white horse and seek and show the world the true history of ko Hawaii pae aina?
I also give them both plenty mahalo for showing their true colors.
In aloha memory of Hawaii nei - destroyed by the American dream.
Frederick "Riki" Torres-Pestana
Paia
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http://www.staradvertiser.com/editorials/20101121_Theres_still_some_life_left_in_Akaka_Bill.html
Honolulu Star-Advertiser, November 21, 2010
COLUMNIST COMMENTARY
There's still some life left in Akaka Bill
By Richard Borreca
It is almost time to stick a fork in the Akaka Bill. It is done.
It will be dead by the new year unless our delegation in Washington and the Democrats back here can cobble together a last-minute play.
The Native Hawaiian Government Reorganization Act, dubbed the Akaka Bill for its sponsor, Sen. Daniel K. Akaka, has been introduced and jockeyed around Congress for the last decade. In various forms the bill, which would fundamentally change the state and federal relationship with native Hawaiians, managed to clear the U.S. House, only to stall in the Senate.
That is where it will die, unless Sens. Akaka and Daniel K. Inouye can team up with Gov.-elect Neil Abercrombie.
Legislative veterans smarter than me say there is a way to get the Akaka Bill to President Barack Obama for his promised signature, if the Democrats in Washington and Honolulu can organize quickly.
To set the scene: The Akaka Bill ran into unspecified trouble last year with the Obama representatives in the U.S. Justice Department, who wanted changes to the bill.
Akaka agreed to the changes. Then Gov. Linda Lingle said she could not agree to the changes and wrote a letter to all U.S. senators saying she could no longer support it. That caused the Senate Republicans, who already didn't like the bill, to pronounce it dead, dead, dead.
Then Akaka and Inouye offered to amend the bill to meet Lingle's objections. Meanwhile, as his last major act in Congress, then-Rep. Abercrombie steered the first version of the Akaka Bill, the one that Lingle did not like, through a final vote in the House, moving it to the Senate where it now sits.
Pay attention, this is the tricky part. If Inouye and Akaka drop the Lingle compromise version and go back to the version that Abercrombie delivered to the Senate, all they need to do is get it past the Senate and it goes cleanly to Obama.
If Inouye and Akaka go with the Lingle compromise bill, it needs to pass the Senate and then go back to the House, but without the Abercrombie clout, before it can go to Obama.
Our two senators still need to round up 60 votes to clear the GOP holds in the Senate, but with a little of the last-minute dealing, grinning and arm-twisting that Inouye learned over the past 51 years he has been in Washington, it is not an impossible task.
Here's the last part of the plan: If the delegation waits until after Lingle is out of office, Gov. Abercrombie can write to the Senate urging passage; he might even fly up to Washington and visit some of his GOP BFFs, like House Speaker-elect John Boehner (he and Abercrombie started in the House the same year), to get them to tamp down opposition in the Senate.
Yes, it is a long shot, but the alternative is to get out that fork.
** Note from Ken Conklin: Borreca's concept of dropping the Lingle compromise (using the recent introduction of it as a decoy) is remarkably similar to my own concept published three months ago at
https://www.angelfire.com/big09a/AkakaManeuversSeptDec2010.html
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http://indiancountrynews.net/index.php?option=com_content&task=view&id=10513&Itemid=84
Indian Country Today, November 23, 2010
New version of Akaka bill introduced
Honolulu, Hawaii (AP) November 2010
A compromise version of legislation granting Native Hawaiians federal recognition has been introduced in the U.S. Senate as Hawaii's senators wait to hear whether the bill can move forward before the end of the year.
U.S. Sen. Daniel Akaka introduced the bill last week to reflect changes negotiated between the state's congressional delegation and Gov. Linda Lingle's administration in July.
A spokesman for the Hawaii Democratic senator, Jesse Broder Van Dyke, told the Honolulu Star-Advertiser the new version of the bill shows that the agreement with the state's Republican governor will be honored.
If the issue gets consideration in the Senate, this new bill likely would be offered as an amendment to an older version that already moved through the committee process.
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December 1 Website publication
https://www.angelfire.com/big09a/AkakaAttachOmnibusDec2010.html
December 2-3 overnight online newspaper publication:
http://www.hawaiipoliticalinfo.org/node/3563
Akaka bill now being attached to "must-pass" legislation despite Akaka and Inouye previously deploring such a maneuver.
Sources in the Senate report that Sen. Inouye is personally working to jam through the Akaka Bill this month. He would do it by attaching the bill to an omnibus spending bill that his staff is writing in secret. According to Senate sources, Inouye would wait to offer that secret bill until just before the "continuing resolution" funding the government is set to expire. His colleagues would then be forced to either vote for the porked-up omnibus bill (with no public comment, little opportunity for debate, and certainly no chance of amendment) or reject the whole bill and deny the government the funding it needs to stay open. It's a game of chicken.
Every lame duck session features an omnibus spending bill, sometimes called "the Christmas tree," used by Senators and Representatives to give expensive gifts to their campaign contributors in the form of earmarks and riders. But attaching controversial and dangerous new policy legislation to an appropriations bill is unusual and unethical, especially when there's no floor debate on it.
It's unclear which version of the Akaka bill Sen. Inouye plans to sneak through. The so-called Lingle compromise bill S.3945 was promised for several months but never delivered to the Senate until November 15. S.3945 has never had a hearing in any committee or on the floor of either the House or Senate.
The most recent previous version H.R.2314 actually passed the House. If the Senate passes it by itself or as an attachment, President Obama will sign it. H.R.2314 is so radical and dangerous that even Governor Lingle, who had aggressively supported the Akaka bill for seven years, sent a letter to all 100 Senators asking them to oppose it.
The long delay in introducing the Lingle compromise S.3945 confirms suspicions that it is merely a decoy to lull Senators into thinking Lingle supports the Akaka bill H.R.2314 which is the version likely to be actually attached. The decoy theory is bolstered by the fact that Hawaii's powerful race-based institutions strongly preferred the radical H.R.2314 but reluctantly acquiesced in the compromise when told there were not enough votes for cloture.
The new Governor Abercrombie takes office December 6 -- the same Congressman Abercrombie who pushed H.R.2314 through the House. He dreams of becoming the "Great White Father" of the Akakakanaka Tribe. It's easy to imagine Abercrombie asking his friends in the Senate to hold their noses and let the House bill go through. "Forget about the issues raised by Lingle; she's now merely a worn-out former Governor."
This is the time of year when Inouye likes to make sneak attacks through stealth maneuvers. On December 15, 2009 an article in the Honolulu Advertiser reported on accusations by Hawaiian sovereignty activists that Sen. Inouye "is trying to avoid public scrutiny of legislation that would grant them historic new status by hiding it in a defense bill." Sen. Inouye was quoted in that article as responding "I have never suggested that the Akaka bill be passed and adopted as part of the defense appropriations process. I don't know where this nonsensical suggestion originated." The article said Akaka was as unhappy as Inouye about the accusations. "'It is very frustrating that opponents intentionally seek to spread misinformation about the bill,' Akaka said last night. 'This should call their credibility into question once again.'"
But it's the credibility of Akaka and Inouye that is really destroyed by their track record of stealth, deception, and outright lies. Despite Inouye's claim in the above quote that he never suggested passing the Akaka bill as an attachment to a defense appropriations bill, that's exactly what he tried to do on several occasions going back to 2000. Even the concept of using a decoy is not new. In 2006 a decoy new version of the Akaka bill was introduced only 9 days before a cloture motion was filed for a different previous version of the bill! For documented proof of these things, and predictions by this writer four months ago which are now coming true, see "Akaka bill maneuvers coming up from September through December 2010" at
https://www.angelfire.com/big09a/AkakaManeuversSeptDec2010.html
That webpage includes much more besides proof of Sen. Inouye's abuse of appropriations bills in several lame duck sessions. It also includes
Congressional Record quotes of Senator Inouye's lies on the Senate floor when he told his colleagues that U.S. troops invaded 'Iolani Palace in January 1893, arrested the Queen, and imprisoned her there; and also another time when he told his colleagues that in 1898, when the Hawaiian flag was hauled down from the Palace at the ceremony of Annexation, the flag was publicly cut into pieces which were distributed to the annexationists as souvenirs of their final victory over the Hawaiians.
It's especially shameful when a Medal of Honor recipient behaves so dishonorably. Let's hope that his colleagues will call him to account without excusing him on grounds of age, infirmity, or ignorance.
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DECEMBER 2, 2010 PRESS RELEASE FROM SENATORS KYL, ALEXANDER, CORNYN, COBURN DEPLORING INOUYE STEALTH MANEUVER ON AKAKA BILL
For Immediate Release: December 2, 2010
Contact:
Ryan Patmintra (Kyl) (202) 224-2206
Jim Jeffries (Alexander) (202) 224-7154
Charles Chamberlayne (Cornyn) 202-224-0703
John Hart (Coburn) 202-228-5357
Kyl, Alexander, Cornyn, Coburn: Don't Slip Controversial Measure Into Bill to Keep the Gov't Open and Funded
GOP senators respond to reports that Native Hawaiian Gov't Reorganization Act may be added to Omnibus or CR
WASHINGTON – Senators Jon Kyl (R-Ariz.), Lamar Alexander (R-Tenn.), John Cornyn (R-Texas), and Tom Coburn (R-Okla.) today released the following statements in response to reports that the Native Hawaiian Government Reorganization Act – legislation that would establish a new governing entity for individuals of native Hawaiian descent – may be added to an Omnibus Appropriations Bill or a Continuing Resolution, one of which must pass Congress and be signed by the president this month, or the federal government will not have the funding to operate.
"Legislation as highly complex and divisive as the native Hawaiian bill requires vigorous discussion, debate, and amendments," Kyl said. "An attempt to include it in unrelated legislation to keep the government operating is a breach of process and is an example of what the American people are tired of – back room deals that are inserted in secret packages written behind closed doors."
"I'm concerned by reports that a special Native Hawaiian bill, or any other controversial measure, might be quietly inserted into must-pass legislation that's needed to keep the government open," Alexander said. "If the Democratic majority wishes to pass legislation that would create a new, sovereign government within our borders based solely upon race, it should be brought up separately and debated openly on the Senate floor with the opportunity for amendment."
"This November, Americans spoke and we listened," said Cornyn. "Unfortunately, some of my Senate colleagues did not hear the resounding message that rejected secret backroom deals and controversial legislative distractions like this, which have no place in important bills that we need to pass keep our government running. I sincerely hope that Senator Reid will not slip this bill into the omnibus bill and reassess his legislative priorities to reflect the wishes of the American people."
"Any efforts to circumvent the thorough vetting process of Congress to pass Native Hawaiian legislation is an affront to taxpayers and the U.S. Constitution," Coburn said. "The federal government has already established a process for recognizing tribal groups. Recognizing Native Hawaiians as an Indian tribe and sovereign entity by circumventing the established process not only creates a parallel sovereign government in the State of Hawaii, but will set a dangerous precedent that could threaten the framework of our nation."
# # #
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http://www.nationalreview.com/corner/254315/lame-duck-akaka-bill-roger-clegg
National Review Online, December 2, 2010
Lame-duck Akaka Bill?
.
By Roger Clegg
The word is that Sen. Inouye (D., Hawaii) is hoping to sneak the infamous Akaka bill through the Senate in the next few weeks, by attaching it as a rider to an omnibus spending bill. Supporters of this bill have played that kind of game in the past. The bill has been the subject of a scathing National Review cover story and numerous NRO postings (here's an editorial condemning it),
http://www.nationalreview.com/articles/217719/hawaiian-punch-i-e-pluribus-unum-i/editors
and has been formally criticized by the U.S. Commission on Civil Rights as well. It aims to turn Native Hawaiians into an Indian tribe so that racial preferences given them can be more easily defended in constitutional litigation. But Native Hawaiians are not an Indian tribe, and racial discrimination is racial discrimination.
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http://www.nationalreview.com/corner/254334/re-lame-duck-akaka-bill-robert-costa
National Review Online, December 2, 2010
Re: Lame-duck Akaka Bill
By Robert Costa
Roger: Sen. Daniel Inouye (D., Hawaii) tells NRO that he would like to bring it forward, but "it depends on if we can work out something with amendments."
"We've been working on this for over a decade now," Inouye says, listing the bill's numerous past committee hearings. "No one can say that we've been hiding this."
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** Online comment
StevenJDuffield
12/02/10 13:53
Haven't been hiding this? The history of the Akaka Bill has been one backroom deal after another!
The current text of the Akaka Bill was introduced in November 2010. That's right -- 2 weeks ago. Despite the claims that it's the result of a deal with lame-duck HI Gov. Lingle that was cut in July, the Hawaii Senators refused to put that deal into formal legislation until just before Thanksgiving. Who knew if it was real? (Moreover, Gov. Lingle's position on this is in the minority of Hawaiians, the majority of which oppose the bill based on Zogby polling.)
Why does this matter? It's because the text is dramatically different than the text that was considered by the Senate Indian Affairs Committee in late 2009, and it is also different than the Akaka Bill that was passed by the House in February of 2010. This has been a moving target for a decade.
There have been no hearings on the current language of the bill. There have been no public forums on this new bill in Hawaii. We have no information about how it will impact the volatile racial environment in Hawaii, how the changes affect its already-shaky constitutionality, and how much the State of Hawaii will lose in terms of tax and regulatory power if it passes.
It's a new bill. It has no business being jammed into a log-rolled appropriations bill.
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http://www.staradvertiser.com/editorials/20101202_Lamenting_Akaka_Bill.html
Honolulu Star-Advertiser, December 2, 2010
Lamenting Akaka Bill
Hawaiians themselves are partly to blame for the bill's failure, but the real culprit is a GOP-led anti-indigenous philosophy
By Walter Heen
With all due respect to U.S. Sen. Dan Akaka, it should be clear to any observer that the Akaka Bill is dead. Unless there is a complete Democratic swing in the next election, the ball game is over and self-governance for native Hawaiians is "dead, dead, dead," as we used to say when I was in the state Legislature.
On Nov. 15, your editorial labeled the current situation as "inexcusable" and seemed to lay much of the blame on our two senators. Actually, the debacle was caused by certain Hawaiian organizations, including the state Office of Hawaiian Affairs, the White House and Gov. Linda Lingle. But in the long view the real culprits are the Republican members of the United States Senate.
After the bill was sent to the Senate from the House of Representatives, the White House amended it so as to provide the Native Hawaiian Governing Entity with the attributes of sovereignty upon its establishment, before beginning negotiations with the federal and state governments over the distribution of land and governmental authority. The White House staff discussed this initiative with the Council for Native Hawaiian Advancement (CNHA), which persuaded Akaka's staff to present the amendment to the senate committee. It does not appear that the proposed amendments were previously discussed with Hawaii's senators or with Lingle. They were not discussed with OHA.
Lingle strongly opposed the amended bill and conducted negotiations with OHA to eventually bring about a form acceptable to her. The fact that Akaka has introduced another form of the bill clearly indicates the original bill is dead.
How did native Hawaiians play a role in the death of the bill? OHA and CNHA must share the blame.
OHA considered the bill as its "property" and felt that it should be allowed to "vet" all proposals affecting the bill's contents.
CNHA had its own ideas and constantly sought to advance the entitlements of the Hawaiian Home Land "homesteaders." The two organizations were competing.
In the end, CNHA worked with the White House to prepare the amendments that went to the Senate committee. OHA had nothing to do with them. Those amendments aroused Lingle's opposition.
Once Lingle voiced her opposition, the bill lost its key Republican supporters: Sens. Lisa Murkowski of Alaska and Susan Collins and Olympia Snowe of Maine. They could not afford to be seen as ignoring the demands of a fellow Republican, notwithstanding their long-standing support of native Hawaiian self-governance. The amended form of the bill has not been brought to the floor, primarily because of the Senate's crowded calendar and Republican opposition. That opposition has gained added strength since the mid-term elections.
The real "stopper" is the U.S. Senate. Controlling the calendar when they were in the majority, the Republicans never allowed the Akaka Bill to go to the floor. Since they lost the Senate in 2008, they have used the threat of filibuster prevent the Senate from considering the bill.
The opposition is led by Republican Sens. Jon Kyl and John McCain of Arizona, John Cornyn of Texas and Lamar Alexander of Tennessee. The group, Kyl in particular, is part of a larger movement seeking to remove all rights of self-determination accorded to American Indians as indigenous people by the Constitution and federal legislation. This anti-indigenous movement gained strength after the dispute in Washington state over the claims of Indian tribes to priority rights to salmon fishing in the Columbia River Basin. The opposition is further fueled by reaction to Indian gambling casinos. That anti-indigenous philosophy fuels opposition to native Hawaiian self-governance.
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Walter Heen, a former judge, is an outgoing Office of Hawaiian Affairs trustee.
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http://www.staradvertiser.com/editorials/20101202_The_idea_of_a_race-based_sovereign_nation_within_the_bounds_of_a_US_state_should_never_have_been_taken_seriously.html
Honolulu Star-Advertiser, December 2, 2010
The idea of a race-based sovereign nation within the bounds of a U.S. state should never have been taken seriously
By John S. Carroll
Recognition of native Hawaiians is the primary stated purpose of the Akaka Bill -- but the Hawaiian Kingdom was already "recognized" by at least 21 sovereign nations by 1840.
The kingdom had ejected the British, in 1836, who were attempting a move that appeared to be an attempt to annex Hawaii as a new colony. The ejection was ultimately achieved with assistance from a British admiral. This illustrates the point that the native Hawaiians were far beyond tribal status prior to the Civil War.
By 1850, the kingdom had a bi-cameral legislature and a tri-level court system, and by 1847 the Hawaii Supreme Court was issuing its decisions in what later became the first volume of the Hawaii Reports.
Hawaiians were trading vigorously in international commerce while American Indian "tribal" members, still surviving on subsistence hunting and gathering, were puzzled why their tribal shamans weren't able to protect them from being overwhelmed by the inexorable westward expansion of an industrialized America.
The 1840 Constitution of the kingdom clearly stated that "God hath made of one blood all nations of men to dwell on the earth in unity and blessedness ... " -- a clear statement of equality indicating that any attempt to use race or class to create dissension or advance personal agendas would be not be tolerated.
The language of later written case law reflects this concept of "equality" over and over again, right up to the time of the overthrow in 1893.
An inevitable aspect of restoring Hawaiian sovereignty would mean elimination of U.S. control of Hawaii. Assuming such a utopian scheme were successful, all persons capable of proving ancestry dating back to 1898 would be citizens of this new utopia.
It follows that with a reversion to Hawaiian law of 1893, since equality was already encoded in the laws of the kingdom, all citizens, regardless of race, would be eligible for homestead land.
This would leave no room for racial supremacism or irrational expectations of preferred entitlement to any benefits provided by the kingdom government.
If the Akaka Bill should become law, Hawaii would be divided into two sovereign entities. Citizenship would be based strictly on proving possession of a single drop of Hawaiian blood. Such a sovereign entity, as is the case with the current tribal designations, would therefore, like Islamic law, not be subject to criticism, or accountable to any law other than group interest. Said tribe would be empowered to rule according to whatever laws this separate sovereign government saw fit to enact.
U.S. Sen. Dan Akaka is one of the finest persons I have ever known. His intentions, as well as those of most proponents of the bill, are worthy and humane.
Nonetheless, the idiocy of creating a race-based sovereign nation within the 11,000 square miles of these islands, quite frankly, will inevitably be dystopian. It defies logic.
It is alarming that Republican leadership in this state has not been able realistically to assess the damage to individuals and society at large that this bill would wreak, should it ever become law.
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John S. Carroll, a Honolulu attorney, is a former state legislator and recently ran unsuccessfully for governor.
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http://www.hawaiireporter.com/inouye-not-planning-to-sneak-akaka-bill-into-appropriations-measure-spokesperson-says
Hawaii Reporter, December 3. 2010
Inouye Not Planning to ‘Jam Through' Akaka Bill Via an Appropriations Measure, Spokesperson Says
By Malia Zimmerman, editor
A spokesman for U.S. Sen. Daniel Inouye, D-HI, on Thursday denied accusations from well-placed Capitol sources that the powerful appropriations chair is working to "jam through" the Native Hawaiian Reorganization Act by the end of the year by attaching the controversial measure to an a omnibus spending bill that his staff is writing in secret.
The "Akaka Bill", named for U.S. Senator Daniel Akaka, creates a native Hawaiian sovereign government within the state. The accusations about Inouye's plan, which would surmount to forcing his colleagues to either vote for the porked-up omnibus bill with no public comment, debate, or amendment, or reject the whole bill and deny the government the funding it needs to operate, were highlighted in part in a National Review column on Thursday.
Peter Boylan, media spokesperson for Hawaii's senior senator, says he doesn't know where the National Review information came from, because no sources were named. But Boylan maintains that as one of Inouye's staff, he does not know of such a plan and has heard nothing to indicate that it is true.
In 2009, a group of native Hawaiian activists opposed to the proposed Act accused Inouye of planning to hide the legislation in a defense appropriations bill.
At the time, Inouye told The Honolulu Advertiser "I have never suggested that the Akaka bill be passed and adopted as part of the defense appropriations process. I don't know where this nonsensical suggestion originated."
Boylan told Hawaii Reporter that as far as he knows, Inouye is remaining consistent on his pledge not to hide the legislation in an appropriations bill.
The legislation, which was opposed by President George W. Bush and his Justice Department, but is supported by President Barack Obama, a former Hawaii resident, is fiercely debated among native Hawaiian groups and in political circles.
Native Hawaiian activists who are against the bill say they don't want the federal government to have authority over them. They believe the Hawaiian government was illegally overthrown in the late 1800s and don't recognize the state and federal government as authorities. They want Hawaii to revert to a sovereign government.
Conservatives and libertarians who strongly oppose the Akaka Bill believe the legislation is racially divisive, unconstitutional, and problematic on a several levels. The U.S. Civil Rights commission condemned the bill. The Heritage Foundation, the Cato Institute, and in Hawaii, the Grassroot Institute of Hawaii, along with many others public policy institute, have expressed strong concerns over the measure.
Pushing for the bill are all four members of Hawaii's congressional delegation, Hawaii's Republican governor and lieutenant governor, elected officers of the Office of Hawaiian Affairs and their supporters. The majority of Hawaii lawmakers also back the legislation.
Congress has taken up the Akaka Bill more than a half a dozen times since 2000, the year the Akaka Bill was introduced. While it passed the House twice, the Senate never voted on the measure. Critics point out that the bill language has been changed many times since it was introduced, all in private negotiations behind closed doors; that there have been no hearings on the current language of the bill; and there have been no public forums on this new bill in Hawaii.
Democrats and other Akaka bill advocates are concerned they won't get the votes they need in the House and Senate when the newly-elected Congress is sworn in this coming January, and have pushed for more than a decade-old legislation to pass before 2011.
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http://www.nationalreview.com/corner/254472/discriminatory-akaka-bill-infamous-indeed-hans-von-spakovsky
National Review Online, December 3, 2010
The Discriminatory Akaka Bill: ‘Infamous' Indeed
By Hans A. von Spakovsky
Yesterday in the Corner, Roger Clegg termed the Akaka bill "infamous." And rightly so. This odious legislation is nothing more than an attempt to institutionalize outright racial discrimination in Hawaii. How? By implementing a "Native" Hawaiian government.
U.S. Civil Rights Commissioner and Corner regular Peter Kirsanow calls it "the worst piece of proposed legislation ever reviewed by the Commission." The purpose of the bill is to shore up the Hawaiian government's ability to discriminate in favor of — and confer special benefits on — those it considers to be "ethnic" Hawaiians. Of course, this would all be to the detriment of Hawaiians of African, Asian, European, or other descent. (How many drops of ethnic blood must one have to be considered an eligible "Native"? The bill doesn't stipulate, but I am sure there are some old laws from the time of the Confederacy that the "Native" Hawaiian government could use to help make that determination.)
The bill is intended to do an end-run around court decisions and preserve Hawaii's current practice of conferring government benefits on "Native" Hawaiians, including special home loans and business loans, as well as housing and educational programs. As one witness testified at the Commission hearing, the Akaka bill would permanently segregate the state of Hawaii and its people. It would legalize discrimination between citizens of the United States based solely on ancestry.
I find it simply amazing that in 2010, such a morally indefensible bill could even be considered by the United States Congress, much less be close to passage. But Sens. Daniel Akaka and Dan Inouye (both D., Hawaii) have helped it along by short-circuiting the normal legislative process and trying to stick it into a "must pass" appropriations bill.
Then again, desperate times call for desperate measures, and the two senatorial Dans seem hell-bent on pushing this bill through during the lame-duck session. But if truth in advertising laws applied to legislation, the bill's sponsors would be required to begin any floor remarks about the bill by saying "Discrimination now, discrimination tomorrow, discrimination forever," because that is exactly what the Akaka bill represents.
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http://www.hawaiifreepress.com/main/ArticlesMain/tabid/56/articleType/ArticleView/articleId/3343/How-Inouye-sabotaged-Akaka-Bill.aspx
Hawaii Free press, Saturday, December 04, 2010
How Inouye sabotaged Akaka Bill
By Andrew Walden
Ever since ex-Governor John Waihee in 1995 proposed transferring Bishop Estate HQ to the Cheyenne River Sioux Indian Reservation, Hawaii's corrupt political operators have dreamed of their own tribal jurisdiction to protect them from prosecution as they loot the Hawaiian patrimony. Towards that end, the Akaka Bill was first introduced—just six months beyond the ouster of the Broken Trustees. After a decade of trying, this was the year the Akaka Gang supposedly had all its ducks lined up in a row. Democrats controlled the House and Senate and the White House was occupied by a President who said "get it on my desk and I will sign it."
But it did not happen. The Akaka Bill has crashed and burned for what may be the final time. And the finger pointing is well underway.
The Star-Advertiser's Richard Borreca, November 21, blames Obama's US Justice Department: "The Akaka Bill ran into unspecified trouble last year with the Obama representatives in the U.S. Justice Department, who wanted changes to the bill."
Outgoing OHA Trustee Walter Heen December 2 also blames the Obama administration: "…the White House amended it so as to provide the Native Hawaiian Governing Entity with the attributes of sovereignty upon its establishment, before beginning negotiations with the federal and state governments over the distribution of land and governmental authority. The White House staff discussed this initiative with the Council for Native Hawaiian Advancement (CNHA), which persuaded Akaka's staff to present the amendment to the senate committee. It does not appear that the proposed amendments were previously discussed with Hawaii's senators or with Lingle. They were not discussed with OHA."
The White House may be the most convenient punching bag, but it is not that simple. The DoJ's point man on the Akaka Bill, Deputy Associate US Attorney General Sam Hirsch, in not an Obama loyalist. His ties are to Inouye. Hirsch got his start as a political appointee back in 1987 as a press aide to Senator Daniel Inouye's Senate Select Committee on Secret Military Assistance to Iran and the Nicaraguan Opposition.
How important was this relatively minor appointment to Hirsch? When he testified on behalf of the US DoJ at the August 6, 2009 Hearing on S1011 Akaka Bill, his wife and children were in the audience. The always-grandfatherly Senator Dan Akaka invited Hirsch to "introduce your family and brag on them a little bit." Hirsch waved his arm and said, "there they are" and instead of introducing them, launched into what may be Washington's smarmiest-ever expression of bootlicking thanks to Senator Inouye for hiring him all those years ago.
Publicly, Inouye offered no resistance as Abercrombie and Akaka re-wrote the Akaka Bill to establish instant criminal and civil jurisdiction and limit membership to "Qualified Native Hawaiian Constituents"--potentially excluding more than 73% of all Native Hawaiians. This maneuver, conducted behind the back of Governor Lingle—and according to Heen, behind the backs of OHA--cost the Akaka Bill's is last best chance for passage by forcing Lingle and Bennett to come out in opposition. Even after Lingle made her opposition clear and House Republicans blocked passage of the new version of the Akaka Bill in the House Committee of Natural Resources—forcing Abercrombie to pass the old version--Inouye did nothing to stop the Abercrombie from introducing the new version as an amendment by substitution on the House floor, winning its passage on his last day in Congress.
It is difficult to escape the conclusion that Inouye sabotaged the measure by allowing Akaka and Abercrombie enough rope to hang themselves.
Now we know, when the finger of blame is pointed at the Obama administration, it was a Dan Inouye crony who was doing all the talking on the administration's behalf.
No wonder Inouye's people are spreading rumors of another Akaka Bill sneak attack during this lame duck session. He needs a cover story.
Heen December 2 also offers an explanation of where the 73% exclusionary membership rules came from, writing: "(Council for Native Hawaiian Advancement) had its own ideas and constantly sought to advance the entitlements of the Hawaiian Home Land ‘homesteaders.'" Most of the exclusionary rules were designed to maximize participation by DHHL beneficiaries while blocking other Hawaiians but leaving loopholes for politically connected activists to slip in. See: Akaka Bill: More than 73% of Hawaiians not "Qualified" for membership in Akaka Tribe
http://www.hawaiifreepress.com/main/ArticlesMain/tabid/56/articleType/ArticleView/articleId/1465/UPDATE-Akaka-Bill-More-than-73-of-Hawaiians-not-quotQualifiedquot-for-membership-in-Akaka-Tribe.aspx
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http://www.humanevents.com/article.php?id=40401
Human events, December 6, 2010
Native Hawaiians
by Brian Darling
[Brian Darling, a HUMAN EVENTS columnist, is director of U.S. Senate Relations at The Heritage Foundation. ]
Rumors are swirling inside the beltway that Sen. Daniel Inouye (D-Hawaii) is trying to sneak through Congress the Native Hawaiian Bill, also known as the Akaka Bill. This legislation would set up a race-based government for Native Hawaiians based in Hawaii and the other 49 states. Participants in the government would be assessed based on a racial test to see if they're sufficiently Native Hawaiian to participate in the new government.
My sources tell me that Akaka is trying to use an end-of-year appropriations bill as a means to sneak this controversial bill through Congress. This new version of the Akaka Bill has yet to have a hearing, yet the supporters of the new race-based government idea want to bury this legislation in a must-pass appropriations measure as a means to foist this unconstitutional idea on the American people.
-----------------
** On December 7, 2010 the U.S. Commission on Civil Rights sent a letter to the U.S. Senate saying
Dear President [of the Senate] Biden and Distinguished Senators:
We understand that there is a possibility that the new and significantly revised version of the Native Hawaiian Government Reorganization Act will be tacked onto the spending bill in the next week or so. We hope that this does not happen. A bill as important as this deserves careful consideration. It would be a matter for concern if it were to be made law without a hearing on its new provisions.
The current version of the legislation may create new problems and exacerbate those previously identified, but because the changes to the bill do not eliminate the serious constitutional concerns identified in previous communications, our position remains the same. We therefore attach a copy of a letter we wrote opposing an earlier version of the bill.
** This new letter on official stationery with handwritten signatures can be seen at
http://big09a.angelfire.com/AkakaUSCCR120710.pdf
** The previous letter of August 28, 2009, which was attached, was very strongly worded and included language from the Hawaiian Kingdom Constitution of 1840 proclaiming that "God has made of one blood all races of people to dwell upon this Earth in unity and blessedness." That letter on official stationery with handwritten signatures can be seen at
https://www.angelfire.com/big09a/AkakaUSCCR082809.pdf
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http://www.mauinews.com/page/content.detail/id/543730/Nation-within-a-nation-effort-opposed.html?nav=18
The Maui News, December 7, 2010, letter to editor
Nation-within-a-nation effort opposed
Regarding a letter (Dec. 1) about Native Hawaiians following the path of Native Americans and becoming a nation within a nation: A nation within a nation is nothing more than accepting to be second-class citizens.
People would be better off simply as American citizens. Why all the fuss and drama?
I politely and with respect decline any help to make that happen.
Foster Ampong
Wailuku
----------------
Dec 9: A letter supporting S.3945, the Akaka bill version newly introduced on November 15, was sent to Senate leaders from two Obama cabinet officers. The letter was on official stationery with the seals of both the U.S. Department of Justice and U.S. Department of Interior; and was signed by both Attorney General Eric H. Holder and Secretary of Interior Ken Salazar. One letter was sent to Senate Majority Leader Harry Reid, with copies to Committee on Indian Affairs Chair Senator Byron Dorgan and Vice Chair Senator John Barrasso (see below); and the same letter was also sent separately to Senate Minority Leader Mitch McConnell with the same seals and signatures. The letter to Majority Leader Reid in pdf format can be downloaded at
AkakaS3945DOJDOI120910ReidDorganBarrasso.pdf
The source, who is an opponent of the Akaka bill, who sent the letter to fellow opponents, said "This is a strategic effort on Inouye's part to avoid any allegation that the administration's views have not been heard. However, in neither letter do the departments make any substantive arguments in favor of the legislation. They merely make observations about what the bill does. Importantly, there is no effort to rebut the core charges -- that the bill is unconstitutional, that it would divide Hawaii, and that it would be destructive to the state."
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http://www.canadaviews.ca/2010/12/09/attorney-general-eric-holder-and-interior-secretary-ken-salazar-express-strong-support-for-native-hawaiian-government-reorganization-act/
Canada Views, Friday December 10, 2010
Attorney General Eric Holder and Interior Secretary Ken Salazar express strong support for Native Hawaiian Government Reorganization Act
by: USA Senator Daniel Kahikina Akaka
Washington, D.C. – United States Attorney General Eric Holder and Secretary of Interior Ken Salazar sent letters to Senate leaders Harry Reid and Mitch McConnell this week urging the Senate to pass the Native Hawaiian Government Reorganization Act and send it to the President for his signature.
The letter notes that "Of the Nation's three major indigenous groups, Native Hawaiians – unlike American Indians and Alaska Natives – are the only one that currently lacks a government-to-government relationship with the United States. The bill provides Native Hawaiian a means by which to exercise the inherent rights to local self-government, self-determination, and economic self-sufficiency that other Native Americans enjoy."
"Once the Native Hawaiian government is created and its leaders elected, the United States would officially recognize the new governing entity and work with it on a government-to-government basis, just as the United States works with federally recognized Indian tribes in other States."
Senator Daniel K. Akaka, the bill's sponsor, said: "We have worked at length with the Departments of Justice and Interior on the specifics of this legislation, and I thank Attorney General Holder and Secretary Salazar for voicing their continued support. Their letters to the Senate leaders confirms that this bill remains an Obama Administration priority. As the letter notes, Native Hawaiians are the only major indigenous group that lacks a government-to-government relationship with the United States. The people of Hawaii have waited for far too long. A path towards federal recognition is long overdue."
Senator Daniel K. Inouye said: "I am pleased that Secretary Salazar and Attorney General Holder are in strong support of the Native Hawaiian Government Reauthorization Act. The Native Hawaiian community has patiently waited for federal recognition. With the Obama White House we have a long awaited opportunity to provide for a meaningful process of self-determination for Native Hawaiians. We have debated this bill, in Hawaii and the halls of Congress, for the last decade. The Native Hawaiians have awaited this recognition since their land was seized and their monarchy overthrown by the United States in the spring of 1893. I look forward to its historic passage."
The letter also notes bipartisan support for the legislation. "Since 1999, Senator Akaka, Senator Inouye, and other members of Hawaii's congressional delegation have worked tirelessly with the last three Administrations… to greatly improve the bill, which how now received bipartisan support from the House of Representatives, the Senate Committee on Indian Affairs, and Hawaii's Governor and Attorney General."
A scanned copy of the letter is available here:
http://akaka.senate.gov/upload/nhgra-doj-doi-letter.pdf
------------------
http://www.staradvertiser.com/news/20101211_akaka_bill_headed_nowhere.html
Honolulu Star-Advertiser, December 11, 2010
Akaka Bill headed nowhere
Short of time, Congress is not likely to take up the legislation
By Gene Park
The embattled Akaka Bill stands little chance of seeing new life this year, despite two endorsements from the Obama administration.
U.S. Attorney General Eric Holder and Interior Secretary Ken Salazar sent a letter Thursday to Sens. Harry Reid and Mitch McConnell, endorsing the Akaka Bill.
Jesse Broder Van Dyke, a spokesman for U.S. Sen. Daniel Akaka, said if the bill can be introduced in the Senate first, it would be in the form of the House version that passed 245-164 in February, and it would be amended with compromises reached with former Gov. Linda Lingle.
"However, we're getting toward the end of the year, and the Senate failed to pass a bunch of measures this week," Van Dyke said yesterday.
Those measures included a bill that also would have repealed the "don't ask, don't tell" policy for gays in the military, as well as a health and compensation bill for workers who were at Ground Zero of the Sept. 11, 2001, terrorist attack.
"The Senate hasn't been able to do much while this tax cut debate is raging," Van Dyke said, referring to President Barack Obama's deal with Republicans to continue Bush-era tax cuts and other provisions.
When asked what Akaka's plan for the bill might be next year, Van Dyke said the office is "still focused" on 2010.
The bill would establish a process for native Hawaiians to form a governing entity and negotiate with federal and state governments on land use and cultural issues. The compromise reached with Lingle would preserve the state's regulatory power over public health and safety during negotiations.
The bill was introduced in 1999 and has been before Congress through three administrations.
"Of the nation's three major indigenous groups, native Hawaiians — unlike American Indians and Alaska Natives — are the only one that currently lacks a government-to-government relationship with the United States," the letter from Holder and Salazar states. "This bill provides native Hawaiians a means by which to exercise the inherent rights to local self-government, self-determination and economic self-sufficiency that other Native Americans enjoy."
Office of Hawaiian Affairs trustee Walter Heen said Thursday's endorsements will likely not matter in the long run, with Republicans taking control of the House and increasing their ranks in the Senate.
"Let me put it succinctly: If they can't get 'don't ask, don't tell' through, how much importance are the Republicans going to place on getting our bill through?" Heen said. "I maintain that the (Akaka) bill has been dead for some time now."
Last week, Republican Sens. Jon Kyl of Arizona, Lamar Alexander of Tennessee and John Cornyn of Texas issued a statement in response to reports that the Akaka Bill might be revived by attaching it to other legislation.
"Legislation as highly complex and divisive as the native Hawaiian bill requires vigorous discussion, debate, and amendments," Kyl said. "An attempt to include it in unrelated legislation to keep the government operating is a breach of process and is an example of what the American people are tired of — back room deals that are inserted in secret packages written behind closed doors."
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http://www.mauinews.com/page/content.detail/id/543861/Top-U-S--officials-urge-quick-Senate-passage-of-Akaka-Bill.html?nav=5031
The Maui News, December 11, 2010
Top U.S. officials urge quick Senate passage of Akaka Bill
HONOLULU (AP) - U.S. Attorney General Eric Holder and Interior Secretary Ken Salazar are urging the Senate to quickly pass legislation granting Native Hawaiians federal recognition.
The two top Obama Administration officials sent letters this week to Senate Democratic leader Harry Reid of Nevada and Republican chief Mitch McConnell of Kentucky.
The letter reiterates the administration's strong support for the measure, also known as the Akaka Bill, which is named after Democratic Sen. Daniel Akaka of Hawaii.
The House passed a version of the bill in February. But the issue has been pending in the Senate since then.
Three GOP senators last week said they oppose voting on such a complex proposal in the short time before Congress adjourns for the year.
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http://www.hawaiireporter.com/proposed-senate-omnibus-bill-includes-funding-for-study-on-akaka-bill
Hawaii Reporter, December 14, 2010
Proposed Senate Omnibus Bill Includes Funding for Study on Akaka Bill
WASHINGTON DC – The U.S. Senate will consider a 1,924 page FY 2011 omnibus bill as early as Wednesday. The bill, on page 809 per Hawaii's Senior U.S. Senator Daniel Inouye, the appropriations chair, includes funding for a NATIVE HAWAIIAN RECOGNITION STUDY AUTHORIZATION.
The appropriation is related to his support for the Native Hawaiian Government Reorganization Act – legislation nicknamed the "Akaka Bill" in honor of Hawaii's U.S. Senator Daniel Akaka, which creates a native Hawaiian sovereign government within the state with its own powers relating to taxation, land ownership, regulation, law enforcement, and more.
The entry reads: The Secretary of the Interior shall, with funds appropriated for fiscal year 2011, and in coordination with the State of Hawaii and those offices designated under the Hawaii State Constitution as representative of the Native Hawaiian community, including the Office of Hawaiian Affairs and the Department of Hawaiian Home 20 Lands, and the Attorney General of the United States, examine and make recommendations to Congress no later than September 30, 2011, on developing a mechanism for the reorganization of a Native Hawaiian governing entity and recognition by the United States of the Native Hawaian governing entity as an Indian tribe within the meaning of Articles I and II of the Constitution.
Sen. Inouye's spokesperson Peter Boylan has not yet commented on this proposed appropriation.
However, in an earlier correspondence, pointed out the support that the Hawaii Senators have for the Akaka Bill from the United States Attorney General Eric Holder and Secretary of Interior Ken Salazar, who sent letters to Senate leaders Harry Reid and Mitch McConnell this week urging the bill's passage.
The letter notes that "Of the Nation's three major indigenous groups, Native Hawaiians – unlike American Indians and Alaska Natives – are the only one that currently lacks a government-to-government relationship with the United States. The bill provides Native Hawaiians a means by which to exercise the inherent rights to local self-government, self-determination, and economic self-sufficiency that other Native Americans enjoy. … Once the Native Hawaiian government is created and its leaders elected, the United States would officially recognize the new governing entity and work with it on a government-to-government basis, just as the United States works with federally recognized Indian tribes in other States."
Their letters followed two letters from the U.S. Civil Rights Commission on December 7, which reiterated its opposition to the Akaka Bill. The Commission delivered two letters to the U.S. Senate Democratic leadership in response to reports that Hawaii's Senior Senator, Daniel Inouye, is working quickly behind closed doors to attach the controversial legislation to an appropriations or budget measure, rather than letting it pass or fail on its own merit.
The Commission's letter sent Tuesday follows a similar statement made December 3 by four Republican U.S. Senators including Senators Jon Kyl, (R-Ariz.,) Lamar Alexander, (R-Tenn.), John Cornyn, (R-Texas) and Tom Coburn, (R-Okla.).
Kyl said then: "Legislation as highly complex and divisive as the native Hawaiian bill requires vigorous discussion, debate, and amendments," Kyl said. "An attempt to include it in unrelated legislation to keep the government operating is a breach of process and is an example of what the American people are tired of – back room deals that are inserted in secret packages written behind closed doors."
Opponents of the Akaka Bill and government transparency advocates are concerned that the study provides no vehicle for public involvement, testimony or legal analysis, and instead aappears to simply be a working group — conducted in private, with no particular beginning or end.
One Congressional source told Hawaii Reporter: "If Inouye wants it to be a meaningful study, then it needs to be structured in a way that truly grapples with the legal, policy, and cultural questions in an organized fashion. Perhaps he does not really want that and instead is just tossing this study into the bill as an admission of defeat. If he wants it to work, then this isn't the best way of doing it."
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http://www.staradvertiser.com/news/breaking/111907604.html
Honolulu Star-Advertiser, December 14, 2010,
Breaking News posted at 11:09 PM.
Study requested for Native Hawaiian government
By Associated Press
A federal government spending measure pending in the U.S. Senate calls for a study on forming a Native Hawaiian governing entity.
The one-sentence language mandating the study was inserted into a $1.27 trillion appropriations bill that's expected to be considered this week.
The study's unspecified cost would be paid by the Department of the Interior.
It would involve community and government groups to recommend a mechanism for the reorganization of a Native Hawaiian governing entity, with recognition of that entity by the United States as an Indian tribe.
Hawaii Sens. Daniel Inouye and Daniel Akaka have said they're also trying to pass legislation creating a Hawaiian government this year, but time is running out for the bill to be considered.
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http://www.hawaiireporter.com/attorney-general-eric-holder-and-interior-secretary-ken-salazar-express-strong-support-for-native-hawaiian-government-reorganization-act
Hawaii Reporter, December 14, 2010
Attorney General Eric Holder and Interior Secretary Ken Salazar express Strong Support for Native Hawaiian Government Reorganization Act
SUBMITTED BY SEN. INOUYE'S OFFICE – Washington, D.C. – United States Attorney General Eric Holder and Secretary of Interior Ken Salazar sent letters to Senate leaders Harry Reid and Mitch McConnell this week urging the Senate to pass the Native Hawaiian Government Reorganization Act and send it to the President for his signature.
The letter notes that "Of the Nation's three major indigenous groups, Native Hawaiians – unlike American Indians and Alaska Natives – are the only one that currently lacks a government-to-government relationship with the United States. The bill provides Native Hawaiians a means by which to exercise the inherent rights to local self-government, self-determination, and economic self-sufficiency that other Native Americans enjoy."
"Once the Native Hawaiian government is created and its leaders elected, the United States would officially recognize the new governing entity and work with it on a government-to-government basis, just as the United States works with federally recognized Indian tribes in other States."
Senator Daniel K. Akaka, the bill's sponsor, said: "We have worked at length with the Departments of Justice and Interior on the specifics of this legislation, and I thank Attorney General Holder and Secretary Salazar for voicing their continued support. Their letters to the Senate leaders confirms that this bill remains an Obama Administration priority. As the letter notes, Native Hawaiians are the only major indigenous group that lacks a government-to-government relationship with the United States. The people of Hawaii have waited for far too long. A path towards federal recognition is long overdue."
Senator Daniel K. Inouye said: "I am pleased that Secretary Salazar and Attorney General Holder are in strong support of the Native Hawaiian Government Reauthorization Act. The Native Hawaiian community has patiently waited for federal recognition. With the Obama White House we have a long awaited opportunity to provide for a meaningful process of self-determination for Native Hawaiians. We have debated this bill, in Hawaii and the halls of Congress, for the last decade. The Native Hawaiians have awaited this recognition since their land was seized and their monarchy overthrown by the United States in the spring of 1893. I look forward to its historic passage."
The letter also notes bipartisan support for the legislation. "Since 1999, Senator Akaka, Senator Inouye, and other members of Hawaii's congressional delegation have worked tirelessly with the last three Administrations… to greatly improve the bill, which how now received bipartisan support from the House of Representatives, the Senate Committee on Indian Affairs, and Hawaii's Governor and Attorney General."
A scanned copy of the letter is available here:
http://akaka.senate.gov/upload/nhgra-doj-doi-letter.pdf
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http://www.hawaiireporter.com/lame-duck-effort-to-pass-the-akaka-bill-in-the-senate
Hawaii Reporter, December 14, 2010
Lame Duck Effort to Pass the Akaka Bill in the Senate
BY DONNA SWEER - For 10 years, Hawaiian citizens have requested island wide and U.S. Government official hearings of the Native Hawaiian Government Reorganization Act that would reclassify Native Hawaiians as Native Americans and establish a separate, sovereign, race-based nation on all islands of the archipelago.
Many question how people who came from islands far removed from the American continent can be considered American Indians. Also, the blood requirements would exclude 73% of all Native Hawaiians.
The United States Civil Rights Commission has recommended against passage of the so called Akaka Bill or any legislation that would discriminate on the basis of race or national origin and further subdivide the American people into discrete subgroups accorded varying degrees of privilege. The bill is being put forth without input or consent of the people of Hawaii which violates the very foundation of democratic tradition. Polls done by the Grassroot Institute of Hawaii show that approximately 60% of the citizens oppose this bill.
The most recent version (the Akaka Bill has had at least 12 versions) S3945 was introduced to the Senate in late November and has not been released from senate committee for debate. Since there is probably no time for debate it is certain that Hawaii's U.S. Sen. Daniel Inouye will attempt his infamous earmark tactics now because next year the House majority will not be as receptive of such civil rights concerns and spending.
U.S, Senators Kyl, Alexander, Cornyn and Coburn became aware of Inouye's stealth maneuver to slip this controversial measure into the CR (Continuing Resolution) which is to continue the government's programs temporarily until Congress votes an actual "budget." It is not intended to include major regulatory initiatives, such as huge spending increases or initiatives such as S.510, the fake "food safety" bill.
Those four Senators submitted that the Akaka Bill is very complex and divisive. And they noted that the People's recent vote indicated that they "are very tired of backroom deals that are inserted in costly secret packages manipulated behind closed doors."
It is typical of Members of Congress to add such bills in a Lame Duck Omnibus Appropriations Bill (called the Christmas Tree for earmarks and riders) or a Continuing Resolution.
The Akaka Bill is unfunded and would require a never-ending flood of American tax dollars for the maintenance of a complete and separate nation.
There are presently 600 state and federal grants to help Native Hawaiians and the Native Hawaiian Community. As of November, 2010, 791 grants totalling approximately $286,761,691.00 have been received. (That is $286 million)
Please go to
https://www.angelfire.com/big11a/ForHawaiiansOnly.html
to read more and sign a petition (free) to demand public hearings on all islands before Congressional action is taken that is divisive and will have untold economic, cultural and personal consequences.
The Washington Capitol number is 202 224-3121. Ask for any Senator you wish (it is important to leave a message.
You can also call 1-800 771-1705 to sign Huckabee's all-out national campaign to repeal healthcare. Repealitnow.org (also free).
Donna Sweer is a resident of the Big Island and member of the Kona Tea Party.
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http://www.hawaiireporter.com/akaka-bill-dead-horse-in-a-dead-duck-session
Hawaii Reporter, December 14, 2010
Akaka Bill: Dead Horse in a Dead Duck Session
BY LEON SIU - With the meltdown Obama is experiencing on every front in this dead-duck session, what are his people (Attorney General Holder and Secretary of Interior Salazar) doing trying to resuscitate the Akaka Bill?
Apparently they are not aware that this horse won't run because this horse is dead. Somebody show them the memo from Judge Walter Heen saying, "I maintain that the (Akaka) bill has been dead for some time now."
On top of that, they apparently they are not aware that the new, amended Akaka bill no longer squares with the one version that then Congressman Neil Abercrombie, who is now Hawaii's governor, frantically passed 10 months ago in the House. That means, even if by some miracle they were able to get Akaka passed in the US Senate in the next week, there is no time before the end of the year for the US House to reconcile it to their version and vote on it.
But hold your horses! We just found out today that ol' "earmarks" Inouye has put provisions for a "Native Hawaiian Study" (a.k.a. Akaka) into the ominous Omnibus Bill, which could be voted on this week.
It seems, dead-ducks or dead-horses matter not to Inouye. You gotta admire the guy, one way or another, he intends to keep this horse in the race, even if he has to cheat by dragging it across the infield to sneak its rotting carcass over the finish line.
* Leon Siu is a Hawaiian activist.
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http://www.nationalreview.com/articles/255382/one-last-disgrace-editors
National Review Online, December 15, 2010
EDITORIAL ** excerpts related to the Akaka bill
One Last Disgrace
The 1,924-page omnibus spending bill unveiled yesterday by Senate Democrats is the legislative equivalent of a middle finger, one that reminds us of how richly the Democrats deserved the shellacking visited upon them on Election Day. Rather than pass a simple "continuing resolution" (CR) to fund government operations through early 2011, Harry Reid & Co. decided to ignore the backlash against fiscal profligacy and let their pork barons run wild. The result is an orgy of earmarks, rolled out two weeks after most Senate Republicans and seven Senate Democrats voted for a temporary earmark moratorium.
Democrats might have been expected to settle for a short-term CR instead of triggering yet another raucous, bare-knuckled spending fight. But earmark enthusiasts such as Hawaii Democrat Daniel Inouye (chairman of the mighty Senate Appropriations Committee) were apparently given carte blanche to pile on the bacon.
Inouye's personal touch is a mandate that directs the U.S. interior secretary to "examine and make recommendations to Congress no later than September 30, 2011, on developing a mechanism for the reorganization of a Native Hawaiian governing entity and recognition by the United States of the Native Hawaiian governing entity as an Indian tribe within the meaning of Articles I and II of the Constitution." That's a reference to the notorious Akaka Bill, an odious piece of segregationist legislation that would establish a race-based government on the Hawaiian archipelago.
If the Democrats are dead set on embarrassing themselves by ending the year in a blaze of ignominy, that's their choice. But Republicans should oppose this travesty with all their might.
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http://www.rnzi.com/pages/news.php?op=read&id=57714
Radio New Zealand International, December 16, 2010
Study underway on Hawaii native government
A spokesperson for a Hawaiian senator says a new study will be a stepping stone towards the creation of a native Hawaiian government.
A spending bill, which is expected to be passed by the United States Senate in the next days, includes a provision for a study on forming a native Hawaiian governing body.
A spokesperson for Hawaiian Senator Daniel Akaka, Jesse Broder Van Dyke, says the study should be completed next year.
Mr Broder Van Dyke says it comes as Senator Akaka is pushing for the Native Hawaiian Reorganisation Act, which would create a new government, to be put to the vote in the Senate.
He says no date has been set for the vote as the Senate is bogged down with other matters, and the study will keep the ball rolling
"The idea is to do this study so that if the Native Hawaiian Reorganisation passes in the future the state of Hawaii can hit the ground running in beginning that process. Native Hawaiians are the last major indigenous group in the United States of America which doesn't have this sort of recognition."
Jesse Broder Van Dyke says there is bipartisan support in the Senate for the act, which also has the support of the public and legislators in Hawaii.
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http://www.cato-at-liberty.org/lame-duck-wont-create-race-based-government-after-all/
Cato Institute blog, December 20, 2010
Lame Duck Won't Create Race-Based Government After All
Posted by Ilya Shapiro
Good news out of Congress this week (and by good news, I mean they didn't screw things up any more than they already are): The infamous Akaka Bill, which would create a "Native Hawaiian" government for purposes of racial preferences and other unconstitutional goodies, will not be a part of the slimmed-down legislation that funds the government until Congress gets around to passing an actual budget. (For background, see my op-eds here
http://www.cato.org/pub_display.php?pub_id=8776
– for which I was attacked by Hawaii's Governor-Elect Neil Abercrombie – and here,
http://www.cato.org/pub_display.php?pub_id=11114
and watch the Cato Capitol Hill Briefing.
https://www.cato.org/event.php?eventid=4838
And for coverage of a related recent Supreme Court case, see these two blogposts
http://www.cato-at-liberty.org/court-embraces-the-spirit-of-aloha/
and Cato's amicus brief.)
http://www.cato.org/pubs/legalbriefs/Hawaii_v_OHA.pdf
Three weeks ago, there had been fears that the Akaka language would be inserted into the omnibus spending bill (see Roger Clegg and Hans von Spakovsky blogging at NRO's The Corner). Had that been the case, it would've been an outrage for several reasons:
This is a new Akaka Bill. The text was only introduced in November and was apparently the result of a backroom deal cut between the Hawaii's senators and lame-duck Governor Linda Lingle in July, but which did not become public until after the election.
There have never been any hearings on this language — not in the House of Representatives Natural Resources Committee, not in the Senate Indian Affairs Committee, and definitely not in Hawaii. No testimony has been heard about how this particular bill will divide Hawaii, on the constitutionality of the new provisions, how Hawaiians' civil rights will be affected, or how the tax base of Hawaii will be diminished.
This is an abuse of the process. It is completely inappropriate to use a must-pass spending bill to avoid debate, amendment, and public scrutiny on an unrelated matter of such grave constitutional and practical importance.
Sen. Inouye (D-HI) previously denied that he planned to use the appropriations process to avoid public scrutiny of the bill, so this would have been a 180-degree reversal.
Perhaps bowing to the above kinds of arguments, what actually appeared in the mega-bill was a "study" that the Secretary of the Interior had to conduct in conjunction with "those offices designated under the Hawaii State Constitution as representative of the Native Hawaiian community," to make recommendations to Congress "on developing a mechanism for the reorganization of a Native Hawaiian governing entity and recognition by the United States of the Native Hawaiian governing entity as an Indian tribe." In other words, this was getting the ball moving, establishing facts on the ground, etc.
Fortunately — for many reasons unrelated to race-based government – the omnibus went down in flames (the first tangible victory for the Tea Party, before their congressmen even assumed office?) and with it the aforementioned "study." The new streamlined "continuing resolution," which I've skimmed in its entirety — just 36 pages! – still includes various legislative gems but there is no mention of the Aloha State.
That's a good thing: we seem to have escaped the spectre of race-based government yet again — but be aware that the Akaka Bill lurks in the background of every Congress, ready to ensnare those who think it's just about "parochial" Hawaii issues that have nothing to do with the "real world."
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SENATOR AKAKA'S OFFICIAL U.S. SENATE WEBSITE, December 22, 2010
http://akaka.senate.gov/press-releases.cfm?method=releases.view&id=717cdf0e-c354-4019-a1d4-d223c7f5e747
Also in Canada Views at
http://www.canadaviews.ca/2010/12/21/akaka-speaks-on-senate-floor-reaffirming-his-commitment-to-the-native-hawaiian-government-reorganization-act/
Washington, D.C. - U.S. Senator Daniel K. Akaka (D-Hawaii) delivered a speech on the Senate floor today highlighting his continued commitment to seeing the Native Hawaiian Government Reorganization Act enacted into law.
Senator Akaka's remarks as prepared for delivery:
Washington, D.C. – U.S. Senator Daniel K. Akaka (D-Hawaii) delivered a speech on the Senate floor today highlighting his continued commitment to seeing the Native Hawaiian Government Reorganization Act enacted into law.
Senator Akaka's remarks as prepared for delivery:
I rise today to reaffirm my strong commitment to have the Native Hawaiian Government Reorganization Act enacted into law. This bill is of great importance to all of the people of Hawaii. The bill would simply put the State of Hawaii on equal footing with the rest of the country in the treatment of its indigenous people. It provides a process for the reorganization of a Native Hawaiian governing entity. However, since I first introduced this common sense bill ten years ago, it has been the subject of misleading attacks and procedural hurdles, and has never had the opportunity for an up-or-down vote here on the Senate floor.
Earlier this month, a handful of my colleagues who oppose this measure put out a press release, fueling speculation that I was seeking to attach this bill to must-pass, end-of-session legislation. One of these colleagues said that this measure – and I quote, "should be brought up separately and debated openly on the Senate floor with the opportunity for amendment."
I could not agree more.
A structured debate followed by an up-or-down vote on this legislation is long overdue. The people of Hawaii have waited for far too long.
This Congress, the bill was favorably reported by the Senate Committee on Indian Affairs, and it was passed by the House of Representatives. Despite this, it was not given an opportunity to be debated and voted on, here on the Senate floor.
I am deeply disappointed that we did not have the opportunity to consider this bill during the 111th Congress. This historic Congress saw a great many accomplishments on behalf of the American people, but tragically, it also saw unprecedented obstruction.
I remain committed to passing this bill. I am hopeful that, when we convene next year in the new Congress, I can count on every one of my colleagues to be supportive of my efforts to bring this bill to the Senate floor.
The Native Hawaiian Government Reorganization Act is a Hawaii-specific measure. In the long traditions of the U.S. Senate, it was considered a courtesy to stand with your colleagues on matters specifically addressing the needs of their home state. This civility seems to have vanished from this chamber.
It is frustrating to me that some of my colleagues have worked aggressively to block this bill. For some reason, they have made it a priority to prevent the people of my state from moving forward to resolve issues caused by the illegal overthrow of the Native Hawaiian government in 1893.
This bill has widespread support among elected leaders and the citizens of Hawaii. Both chambers of the Hawaii State Legislature have voiced their support of the measure, and our new Governor, Neil Abercrombie, was the chief sponsor of the bill in the U.S. House of Representatives. This legislation is also supported by community and civic organizations, including the Association of Hawaiian Civic Clubs and the Council for Native Hawaiian Advancement, and the Office of Hawaiian Affairs, a state agency.
The bill also has broad support outside of Hawaii. Indigenous leaders and community organizations across the United States support the bill, such as the Alaska Federation of Natives and the National Congress of American Indians.
The American Bar Association sent a letter this year to members of the Senate reaffirming its support and outlining the sound Constitutional basis for the legislation. The ABA wrote, quote, "The right of Native Hawaiians to use of the property held in trust for them and the right to govern those assets are not in conflict with the Equal Protection Clause since they rest on independent constitutional authority regarding the rights of native nations contained in Articles I and II of the Constitution." Mr. President, I wish to submit this letter for the Record.
This bill also has the support of the Obama Administration. When the measure passed the House in February of this year, the White House Press Secretary issued a statement noting that President Obama – quote – "looks forward to signing the bill into law and establishing a government-to-government relationship with Native Hawaiians." And earlier this month, Attorney General Eric Holder and Secretary of Interior Ken Salazar wrote to the Senate Leaders to reiterate the Administration's support for the Native Hawaiian Government Reorganization Act, and to make note of the urgent need for this bill. The letter reads, quote, "Of the Nation's three major indigenous groups, Native Hawaiians – unlike American Indians and Alaska Natives – are the only one that currently lacks a government-to-government relationship with the United States." Mr. President, I would like to submit a copy of this letter for the Record.
Opponents have spread misinformation about the bill. Let me set the record straight. This bill does NOT allow Hawaii to secede from the United States. It does NOT allow private lands to be taken. It does NOT authorize gaming in Hawaii.
Opponents of the bill also distort the history of the Native Hawaiian people. I welcome the chance to speak with any of my colleagues about the history of my great state and of its indigenous people. I want to help you understand why this bill is necessary for Hawaii to move forward, and how it is consistent with the United States' existing policies of federal recognition for Alaska Natives and American Indians.
Opponents also point to a vocal minority in Hawaii who oppose this bill. The reality is that this legislation is strongly supported by the people of Hawaii. A poll conducted by the Honolulu Advertiser in May of this year found that 66 percent of people in Hawaii support federal recognition for Native Hawaiians. Of the poll participants, 82 percent identifying themselves as Native Hawaiians said they support federal recognition. Mr. President, I would like to submit this article for the Record.
This year marked the commemoration of the 200th anniversary of the unification of the Hawaiian Islands into one kingdom, under King Kamehameha. This year also marked 51 years of statehood and more than 100 years since Hawaii became a United States territory. And yet the people of Hawaii have still not been given the chance to participate in a government-to-government relationship similar to those already extended to this nation's other indigenous people.
I have worked tirelessly to educate my colleagues on the importance of this bill. I hope that you will continue to welcome my efforts to speak with you. I extend my heartfelt aloha and mahalo, thank you, to the many, many supporters who have worked to advocate for this legislation. Your support makes a difference and is greatly appreciated. I thank my colleague, Chairman Dorgan, who has been a great friend of mine and to the people of Hawaii. His leadership on this issue will be missed.
My work to enact this bill is not over. I look forward to having the opportunity to debate this bill on its merits. I will not give up until the Native Hawaiian people have the same rights to self-governance already afforded to the rest of the nation's indigenous people.
Mr. President, mahalo – thank you – to all of my colleagues for listening to this matter of great importance to me and my state. I yield back the remainder of my time.
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http://www.washingtonpost.com/wp-dyn/content/article/2010/12/22/AR2010122204401.html
The Washington Post, December 22, 2010
Native Hawaiian recognition bill dies in Senate
by The Associated Press
** Same article also in The Huffington Post, December 22, 2010
http://www.huffingtonpost.com/huff-wires/20101222/us-native-hawaiians/
** also appeared in Honolulu Star-Advertiser, December 22, 2010, "breaking news" at 12:04 PM.
http://www.staradvertiser.com/news/breaking/112339574.html
HONOLULU -- U.S. Sen. Daniel Akaka says "misleading attacks" and "unprecedented obstruction" led to the demise of a measure granting Native Hawaiians self-governance rights.
The Democrat from Hawaii made his comments on the Senate floor Wednesday, and he said he's committed to pushing the legislation even after newly elected Republicans take office next month.
Akaka said opponents of the bill spread misinformation about the bill by claiming it allowed Native Hawaiians to secede, private lands to be taken and gambling to be permitted.
He asked his fellow senators to back Hawaii's members of Congress in approving this state-specific measure.
The legislation, known as the Akaka Bill, passed the House in February but never received a vote in the Senate.
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http://www.staradvertiser.com/news/hawaiinews/20101222_With_new_leader_OHA_swings_toward_activism.html
Honolulu Star-Advertiser, December 22, 2010
With new leader, OHA swings toward activism
By Gordon Y.K. Pang
The Office of Hawaiian Affairs is now under the leadership of longtime grass-roots activist Collette Machado, who was elected chairwoman yesterday.
Machado, 60, succeeds Haunani Apoliona, who did not seek another term as chairwoman and supported Machado, who is an ally. Machado was elected in a 7-0 vote. Trustees Rowena Akana and Donald Cataluna were not on hand for the vote.
Apoliona, who remains on the board, had chaired the agency since February 2002.
Machado said she will continue the priorities Apoliona established, focusing largely on ensuring OHA gets what it believes is a fair share of ceded-land revenues and lobbying for U.S. recognition of a native Hawaiian entity through congressional passage of the Akaka Bill.
But those attending yesterday's trustee investiture ceremony at St. Andrew's Cathedral Chapel said they expect OHA to lend a more sympathetic ear to native Hawaiian activist causes.
Apoliona has a social worker-educator background as former head of Alu Like, known for promoting economic and social self-sufficiency for native Hawaiians largely through education and social service programs.
Machado, on the other hand, was best known for her involvement in a number of native Hawaiian organizations, including the seminal Protect Kahoolawe Ohana and later the Kahoolawe Island Reserve Commission.
Kale Gumapac said he views the shift in leadership from Apoliona to Machado as "certainly a change in direction." A member of the Puna-based Kanaka Council o Moku o Keawe, which advocates for native Hawaiian rights, Gumapac said he envisions OHA making more of an effort to embrace activist views.
"The only way for Hawaiian community to holomua and to move forward is to be able to move forward together," Gumapac said.
That view was echoed by state Sen. Brickwood Galuteria (D, Downtown-Waikiki), who will head the committee overseeing Hawaiian affairs in the state Senate.
"If anybody has made that evolution from activist to established leader, I think Chair Machado has," Galuteria said.
Machado said she will be "encouraging our trustees to reach deep and extend an open hand and to work for all of the communities that we serve."
Akana, a longtime critic of the Apoliona-Machado faction, said she wished Machado the best. "I think Collette has more of a sense of real community, being a grass-roots person, and I think that's one of her good qualities that hopefully will transcend at the board level," Akana said.
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http://www.staradvertiser.com/news/breaking/112309054.html
Honolulu Star-Advertiser, December 22, 2010
Breaking news at 4:28 AM
Native Hawaiians move ahead with nation building
By MARK NIESSE, Associated Press
Native Hawaiian leaders plan to start forming their own new but unrecognized government following the failure of federal legislation to do so.
Office of Hawaiian Affairs trustee Haunani Apoliona on Tuesday called for the state-funded agency to sign people up to enroll as participants in the formation of a future Hawaiian government.
A previous effort, called Kau Inoa, gathered 108,000 signatures of people showing interest in a Hawaiian governing entity, but this new process will go a step further by creating the structure of the Hawaiian government.
Eventually, Congress would be asked to recognize the Hawaiian government, granting it a degree of sovereignty to create its own laws and manage its resources.
Native Hawaiians are the last remaining indigenous people in the United States that haven't been allowed to establish their own government, a right already extended to Alaska Natives and Native American tribes.
Federal recognition for Native Hawaiians, known as the Akaka Bill, hasn't received a vote in the Senate this year, and it likely will be shelved after newly elected Republicans take office next month.
"This additional hurdle should not derail our efforts, nor should it derail our resolve," said Apoliona in her State of OHA annual address at Saint Andrew's Cathedral in Honolulu. "If we seek to be self-determining, then let's be it and live it."
By beginning to enroll the nation's 400,000 Native Hawaiians in a future government now, they won't have to wait for congressional action before taking control of their destiny, said Clyde Namuo, CEO for the Office of Hawaiian Affairs.
"You'll still need the federal bill at some point," Namuo said. "But when you go before Congress, you will already have a government in place, and you will then ask the Congress to recognize that government. That's the idea."
The Hawaiian kingdom was overthrown in 1893 when a group of white businessmen forced Queen Liliuokalani to abdicate while U.S. Marines came ashore.
Formation of the new Hawaiian government involves signing people up for it, electing delegates and creating founding documents, Namuo said.
Anyone who can show they have any amount of Hawaiian blood should be able to participate, Apoliona said.
"The enrollment process will demonstrate to the rest of America that there are Hawaiians, that we are alive, and that we are represented not just in Hawaii but throughout the United States," said Collette Machado, who was chosen by OHA's board of trustees as its new chairwoman Tuesday to succeed Apoliona.
About 200,000 Hawaiians live in-state, and Namuo said he wants about 100,000 Hawaiians to enroll in the government-making process to give it credibility.
Any details of the new government — whether it's a kingdom or elected, for example — would be decided by the participants of the process, Machado said. Nothing has been decided yet, and the OHA trustees will have to vote on how to move forward.
The biggest challenge will be bringing together fractured Hawaiians, said OHA trustee Bob Lindsey.
Various groups seek everything from outright Hawaiian independence from the United States to full assimilation.
"It's always better to listen to the whispers of the people than to hear their screams," said Lindsey, quoting a Cherokee Indian friend.
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http://www.hawaiireporter.com/the-role-of-alaska-native-corporations-in-pushing-the-akaka-bill
Short URL: http://www.hawaiireporter.com/?p=27301
Hawaii Reporter, December 22, 2010
The Role of Alaska Native Corporations in Pushing the Akaka bill
BY KENNETH R. CONKLIN PH.D. — Many thanks to Jim Dooley for his outstanding investigative report on federal contract preferences for ethnic Hawaiians published in Hawaii Reporter on December 22, 2010 at
http://www.hawaiireporter.com/?p=27255
One important aspect of Mr. Dooley’s report dealt with the major role played by Alaska Native Corporations (ANCs) in federal contracting in Hawaii, and some of the relationships between those ANCs and various ethnic Hawaiian-owned companies. The present essay reaches back to the beginnings of the Akaka bill and the Council for Native Hawaiian Advancement to focus on the heavy involvement of Alaska’s oil industry and the Alaska Native Corporations. This essay should be seen as a footnote to Mr. Dooley’s report.
The Akaka bill was first formally introduced in Congress in the Summer of 2000. It was primarily an attempt to overrule the U.S. Supreme Court decision in Rice v. Cayetano (February, 2000), by creating an Indian tribe out of thin air in the hope that racially exclusionary entitlements and institutions for ethnic Hawaiians could survive court challenges.
During the August 2000 Congressional recess Hawaii’s two Senators (Inouye and Akaka) and two House members (Abercrombie and Mink), plus the Territorial Delegate from American Samoa (Faleomavaega), listened to testimony on the Akaka bill for five days at the Blaisdell Pikake Room. They called it a joint hearing of the Senate Committee on Indian Affairs and the House Committee on Natural Resources.
Attending those five days of hearings was Julie Kitka, President of the Alaska Federation of Natives. Why was she there? Because she and AFN were beholden to Senator Inouye on account of the billions of dollars he had directed to ANCs over the years in his role as chairman or ranking member of the Senate Indian Affairs Committee. Inouye had scratched her back; now she was expected to scratch his.
During the following two years the Council for Native Hawaiian Advancement was created, headed by Robin Danner and her sister Jade, who had “come home to Hawaii” rather suddenly and mysteriously. They had lived in a Native Alaskan tribe for 25 years along with other family members, where they worked as community organizers and grant-writers. CNHA was assembled as a consortium of ethnic Hawaiian institutions, primarily for the purpose of pushing the Akaka bill. Senator Inouye had probably engineered the Danner sisters’ move to Hawaii for the purpose of having them create CNHA.
The first annual convention of CNHA was held in September 2002 at Hilton Hawaiian Village. Major sponsors of that convention included such Alaska institutions as the Arctic Slope Regional Corporation, which gave a grant of $25,000; and the Ukpeagvik Inupiat Corporation and several of its subsidiaries. The Inupiat tribe later gave public support to legislation for oil drilling in the Alaska Native Wildlife Refuge hundreds of miles away from its village. The Gwich’n tribe, whose home is right where the drilling would be done, depend on the caribou migration for their sustenance and were strongly opposed to oil drilling. Democrat Senators Inouye and Akaka would normally oppose drilling in ANWR like all other Democrats; but had promised to support it at the request of Alaska Senators Stevens and Murkowski (both Republicans) in return for the Alaska Senators’ support for the Akaka bill (which nearly all Republicans opposed). Thus, the desire of Alaska politicians to open ANWR for oil drilling, and the business interests of the Alaska Native Corporations, were a major source of money and political power to push the Akaka bill.
Two webpages which explore the Alaska-Hawaii connection, and the relationship among the ANCs, the Danner sisters, and the CNHA are:
“Danners, the Oil-igarchy, Alaska and Hawai’i”
http://www.hawaii-nation.org/danner.html
and
“CNHA Exposed !!!”
http://www.cnhaexposed.org
To download an exposee of the Alaska oil connection to the Native Hawaiian Recognition bill, taken from the Hawaii Island Journal of October 16-31, 2003, click here (the first page of this article is a wonderful cartoon showing a pipeline of money flowing from Alaska to Hawai’i):
http://tinyurl.com/yabukmp
The following three items are offered in a webpage entitled “Akaka bill, Alaska Oil money, Native Alaskan Corporations, Council for Native Hawaiian Advancement, Drilling in the Alaska National Wildlife Refuge, Gambling Casinos, and Alaska Senator Ted Stevens — How They’re All Related” at
http://tinyurl.com/47tk8
(1) A compilation of a 5-part article by Anne Keala Kelly serialized from December 19, 2003 through January 19, 2004 in the newspaper “Indian Country Today.” This article is an investigative report of the connections between Alaska oil money, the billion-dollar Arctic Slope Regional Corporation (Inupiat Tribe), Alaska Senator Ted Stevens, the Council for Native Hawaiian Advancement, the Danner sisters, and the Akaka bill.
(2) A newspaper article from the Denver Post of January 14, 2004 reporting that Senator Stevens and the Arctic Slope Regional Corporation have been trying to get local approval in Denver for the construction of an Alaska native-controlled gambling casino near Denver International Airport. The article also reports that Senator Stevens has tried to pass legislation in Congress that would allow the Alaska native corporations to build casinos throughout the United States.
(3) A newspaper article from the Honolulu Advertiser of April 19, 2005 describing the Council for Native Hawaiian Advancement fourth annual convention to be held in August says “In addition to Native Hawaiian representatives and leaders, the [ENTIRE!] 38-member board of directors of the Alaska Federation of Natives (AFN), representing hundreds of Native Alaskan nonprofits, governments and communities, will join the conference.” And other Indian tribe businesses will also be attending. Clearly, these business interests from outside of Hawai’i expect to make some huge profits in Hawai’i if the Akaka bill passes.
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http://www.staradvertiser.com/news/breaking/Obama_likely_to_arrive_early_tomorrow_morning.html
Honolulu Star-Advertiser, December 23, 2010
Breaking news posted at 4:48 AM
President arrives in Hawaii for Christmas vacation
By Robert Shikina
After a 10-hour flight, President Barack Obama arrived in Honolulu under a waning moon on a humid night.
It was 74 degrees with humidity climbing past 88 percent at Joint Base Pearl Harbor-Hickam when Air Force One touched down at 11:49 p.m.
About five minutes later, Obama appeared in the doorway of the jet wearing a long-sleeve white dress shirt and khaki long-pants. He waved to the members of the press.
U.S. Sen. Daniel Akaka (D-Hawaii) and U.S. Rep. Mazie Hirono (D-Hawaii) followed the president down the stairs. [See photo link and caption at end of article] Pacific Air Forces Commander Gen. Gary North, 15th Wing Commander Sam Barrett, and Air Force Capt. Tyisha Owens greeted Obama and Owens presented him with a lei.
Obama got into his black SUV and the motorcade departed within 10 minutes.
The ride to his vacation home lasted 25 minutes, with the motorcade arriving in Kailua at 12:25 p.m.
Several neighbors waved as the entourage passed.
Unlike his previous arrivals in Honolulu and because of the late hour, Obama was not greeted at the base by a crowd of invited members of the public or servicemembers and their families. Only security detail, aides, reporters, and camera people were there.
U.S. Rep. Mazie Hirono said the president called her up to ask if she was returning home and wanted a ride.
It was her first time aboard Air Force One.
"They keep it really beautiful," she said.
She didn't have a chance to talk with Obama aboard the plane and said everyone was catching up on some rest.
After getting off the plane, she spoke with Obama for a few minutes.
"He said he's going to go swimming and I said, 'don't forget shave ice,'" she said. "He's just here to relax with his family."
Akaka also said the he was trying to get rest after a tough few weeks.
Akaka, who made a statement in Washington that he will continue fighting for the Akaka Bill next year, said the president continues to support it.
He didn't speak with Obama about his bill but said for the few minutes he spoke with Obama after landing, it was "mostly family talk."
The president departed Joint Base Andrews Naval Air Facility in Maryland at 1:53 p.m. Hawaii time on his way to Honolulu to begin his Hawaiian vacation.
Obama will rejoin his wife and two daughters who already are staying in their beachfront vacation home in Kailua.
Obama left Washington looking forward to spending time with family and friends.
"I think the President is ... anxious to spend time where he grew up with his family and to see his sister, to see his nieces..." said White House spokesman Robert Gibbs.
He also planned to visit with childhood friends.
"Normally a bunch of them usually come back and it's an opportunity for the president to spend some time with them. I think that's what he's most looking forward to."
Gibbs said the president will also be working while he's here.
"I anticipate that he'll take a number of things with him and that he'll read a good amount of stuff. He'll have, obviously, his daily intelligence briefing as well as robably a novel or two."
While the president is in town, the Federal Aviation Administration will restrict
airspace around parts of Oahu until 11 p.m. Jan. 2, when he is expected to leave.
** Photo
http://media.staradvertiser.com/images/300*252/20101222_br_obama.jpg
** Photo caption
President Barack Obama arrives in Honolulu at Joint Base Pearl Harbor-Hickam followed by Senator Daniel Akaka and Representative Mazie Hirono late Wednesday evening.
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http://www.staradvertiser.com/news/20101225_akaka_bill_backers_vow_to_plod_on_as_foes_cheer.html
Honolulu Star-Advertiser, December 25, 2010
Akaka Bill backers vow to plod on as foes cheer
By Leila Fujimori
Opponents of the Akaka Bill were happy the measure died when the Senate adjourned this week, but supporters remain hopeful Congress will eventually pass a measure that grants federal recognition for native Hawaiians.
"It's in the trash can where it deserves to be," said longtime opponent Bill Burgess.
"Now it looks like there's a good probability that it won't come back to haunt us for several years, if ever," he said, referring to the shift to a Republican-controlled Congress.
The bill died after failing to be heard on the Senate floor, despite having passed the House of Representatives and being favorably received by the Senate Committee on Indian Affairs.
Robin Danner, president and chief executive officer of the Council for Native Hawaiian Advancement, said, "I'm hopeful and determined to keep working at it."
Part of that hope comes from having "a new governor under which to shepherd recognition," she said.
"It is powerfully important for the future of our entire state," Danner said, adding there are 35 other states that have native populations recognized under the U.S. Constitution as a native class and not a race.
Having native status would also help leverage economic development, she said.
U.S. Sen. Daniel Akaka, who has watched the bill that bears his name sputter for a decade, delivered a speech from the Senate floor Wednesday, reaffirming his commitment to the measure.
"The bill would simply put the state of Hawaii on equal footing with the rest of the country in the treatment of its indigenous people," Akaka told the Senate.
"However, since I first introduced this commonsense bill 10 years ago, it has been the subject of misleading attacks and procedural hurdles, and has never had the opportunity for an up-or-down vote here on the Senate floor," he said.
Some fellow senators "have worked aggressively to block this bill," Akaka said, which has been frustrating.
Even two endorsements from the Obama administration could not help get the bill passed. It was first introduced in 1999 and has been before Congress through three administrations.
"I certainly do appreciate Sen. Akaka's comments on the floor of the Senate, and I would agree with him that there was a lot of misinformation about the bill," said Clyde Namuo, chief executive officer of the Office of Hawaiian Affairs.
He said it is important for Hawaii's congressional delegation to educate their colleagues on the measure.
Conservative radio talk show hosts had fanned the flames of misunderstanding and confusion by claiming the bill is unconstitutional and would allow gambling, he said.
Namuo said there is frustration in the native Hawaiian community, but the bill would provide "the legal shield we would need to defend against attacks on native Hawaiian programs."
Lilikala Kame'eleihiwa, a professor at the University of Hawaii's Center for Hawaiian Studies, said, "I'm sure Hawaiians will achieve federal recognition in the near future."
She said she was buoyed by President Barack Obama's signing off Dec. 16 on the United Nations Declaration on the Rights of Indigenous Peoples, which had already been approved by all but a handful of nations. It calls for the right of all indigenous peoples to self-determination, the right to historical land, the right to speak their own language and to perpetuate their culture, she said.
"Not even Republicans can ignore the international minimum standards for human rights," she said. "And the Akaka Bill is the vehicle to federal recognition and (to) come more in line with the minimum standards of indigenous peoples' rights."
Leon Siu, minister of foreign affairs for an entity calling itself the Hawaiian Kingdom, said he is pleased the bill died.
"It is a totally inadequate remedy for the wrongs committed against the Hawaiian people and taking of the Hawaiian nation. ... If the bill had passed, it would have immersed us further in the U.S. system."
He said the real remedy is to "extricate ourselves from the U.S. system and to restore the sovereignty and independence of the Hawaiian nation."
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http://www.westhawaiitoday.com/articles/2010/12/26/opinion/letters_-_your_voice/letters02.txt
West Hawaii Today (Kona), December 26, 2010
Letter to editor
Hawaiian government
They should use their own funds, not ours
Wednesday's article (Dec. 22) by Mark Niesse regarding Native Hawaiians' move toward nation building raises several questions.
Can the Office of Hawaiian Affairs use a "state-funded agency" to try to form a Hawaiian government? According to the recent census, there are approximately 1.4 million people living in Hawaii and most pay taxes. I don't think the use of state funds to benefit a very small percentage of the population estimated at 200,000 is a good use of these funds. Do all 200,000 people with Hawaiian blood want a separate nation?
The Akaka bill has been proposed to our Congress several times. Even with the Democrats controlling both houses of Congress, our leaders did not believe this was worthy of consideration.
If Haunani Apoliona and others want to attempt to form a separate Hawaiian government, they should use their own funds -- not our tax dollars.
Richard Schleicher
Kona
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http://pidp.eastwestcenter.org/pireport/2010/December/12-28-rel3.htm
PACIFIC ISLANDS REPORT, December 28, 2010
Pacific Islands Development Program/East-West Center
With Support From Center for Pacific Islands Studies/University of Hawai‘i
News Release
Hawaiian Kingdom
Honolulu, Hawaii
Dec. 27, 2010
HAWAIIANS CELEBRATE DEMISE OF AKAKA BILL
HONOLULU, Hawaiian Islands – Hawaiians advocating the restoration of independence for the Hawaiian Islands celebrated the demise of the infamous "Akaka Bill" in the U.S. Congress.
Without funding or political standing, Hawaii patriots fought an 11-year-long battle to stop the bill by facing down overwhelming odds of tens of millions of U.S. lobbying dollars, the most powerful of the powerbrokers from Hawaii to Washington D.C., and a hostile press. The defeat of the Akaka Bill is a true underdog/David-Goliath story, a testament to the power of the sheer tenacity of Hawaii’s people armed with the truth. It is a convincing victory for the Hawaiian independence movement.
The Akaka Bill was first introduced in 2000 by U.S. Senator Daniel K. Akaka, representing the American "State of Hawaii." The bill’s scheme was to make "Native Hawaiians" into an American Indian tribe in order to conceal the ever-glaring fraud of the U.S. claim of sovereignty over the Hawaiian Islands. By recasting Hawaiians as an indigenous people of America, the U.S. would have also recast Hawaiian lands as indigenous to America, and thus claim ‘title’ to those lands. The Akaka bill would have provided the U.S. a plausible pretext to title that would have seriously hampered, if not extinguished Hawaiians’ lawful claims to their land and their national sovereignty.
The major proponents of the Akaka Bill were: the State of Hawaii with all of its officials and agencies (including the Office of Hawaiian Affairs, the Department of Hawaiian Homes, etc.); the State of Hawaii U.S. Congressional delegation; agencies of the U.S. government; U.S. President Barack Obama; the ethnic Hawaiian civic clubs; other Hawaiian-Americans (Hawaiians who consider themselves to be U.S. citizens) and the large U.S. corporations doing business in Hawaii.
The chief opponents of the Akaka Bill have been: the Hawaiian independence movement (Hawaiian nationals and sympathizers); progressive Americans; and conservative Americans...an odd, but effective combination. Motives? Hawaiian nationals simply want their country back and have the U.S. stop pretending like it owns Hawaii. Progressives want social justice and to hold the U.S. Accountable for ripping off Hawaii’s nationhood. Conservatives believe it is constitutionally repugnant to legislatively create a race-based political sub-set to American society.
With the Akaka Bill diversion out of the way, attention can be focused on the real issue of restoring the independent nation of Hawaii.
email: info@HawaiianKingdom.net
visit http://HawaiianKingdom.net
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http://www.staradvertiser.com/columnists/volcanicash/20101229_Stalling_secret_talks_doomed_prime_moment_for_Akaka_Bill.html
Honolulu Star-Advertiser, December 29, 2010
Stalling, secret talks doomed prime moment for Akaka Bill
By David Shapiro
U.S. Sen. Daniel Akaka was a sorry sight standing nearly alone on the Senate floor in the final hours of the 111th Congress, giving a speech blaming Republican obstruction for the failure yet again of his Akaka Bill for native Hawaiian political recognition.
This time, it was nobody's fault but his own; Akaka simply blew his best chance ever to win Hawaiians sovereign rights similar to those of American Indians and Alaskan natives.
After eight years of being unable to overcome Bush administration opposition and procedural delays by Senate Republicans, Akaka began this Congress with a supportive Democratic president and Democratic majorities in the House and Senate, including a filibuster-proof 60 votes in the Senate Democratic caucus.
Even when the loss of the late Sen. Edward Kennedy's seat prevented Democrats from killing filibusters on their own, it wasn't a problem because Hawaii's Republican Gov. Linda Lingle supported the Akaka Bill and brought along enough GOP votes to overcome procedural delays.
Then Akaka snatched defeat from the jaws of victory. Instead of getting it done while everything was in his favor, he wasted a year in secret talks with the White House and a narrow group of Hawaiian interests to drastically amend the bill from the version supporters had previously agreed to.
Inexplicably, Akaka kept Lingle in the dark on the changes, and she withdrew her support because of a significant weakening of the state's rights.
Then-U.S. Rep. Neil Abercrombie shepherded the bill through the House before he quit to run for governor, but the measure stalled in the Senate when its Republican backers pulled their support following Lingle's reversal.
Akaka wasted more months before finally making the compromises necessary to get Lingle back on board. By then it was summer, and there was no way his relatively manini bill would get precious floor time in the heat of the election campaign or in the poisonous lame-duck session that followed.
Akaka is again singing his tired "wait till next year" tune, but the Akaka Bill is dead. If he couldn't get it passed in this favorable Congress, he has no chance next year when Republicans take over the House and gain eight seats in the Senate.
His best course now is to drop the contentious nationhood provisions and try a simpler bill that focuses on just settling the legal question of whether Hawaiians are a racial minority or an indigenous people, which seems to be the key to protecting Hawaiians-only institutions such as Kamehameha Schools, Hawaiian Home Lands and the Office of Hawaiian Affairs.
That could find broader support, and Hawaiian nationalists would be free to petition on their own for U.S. and international recognition if they ever organize native support behind some vision of sovereignty.
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Honolulu Advertiser, December 31, 2010, page A17
[There is no internet archive of this newspaper's polls, which are conducted online. Results are reported on an ongoing basis only during the day the poll is taken, and then the final report is published in the physical newspaper the following day but not on the internet.]
Yesterday's Big Q: Now that the Akaka Bill appears to be dead, do you think efforts should continue to extend federal recognition of some sort to native Hawaiians?
Thanks for voting in this poll.
This poll ended on Thu, December 30, 2010 - 4:00:43.
A. Yes - 39%
B. No - 61%
(of 741 total votes)
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http://www.oha.org/kwo/2011/01/KWO0111.pdf
Ka Wai Ola [OHA monthly newspaper], January 2011, pages 19-21
[Available on OHA website on December 31, 2010 and in some libraries]
Ho‘oilina a mau loa
A perpetual legacy has come forth
In her final State of OHA address, Hauani Apoliona calls Hawaiians to action and ushers in a new era under incoming Chairperson Colette Machado
[Continuous excerpt from page 21 which focuses on Akaka bill]
ALL HAWAI‘I MUST COMMIT TO A LARGER VISION THAT EMBRACES NATIVE HAWAIIANS IN PARTNERSHIP WITH THE BROADER COMMUNITY – LOCAL, NATIONAL AND INTERNATIONAL.
As we bring closure to this present decade (2000-2010), both OHA and the Hawaiian community approach the culmination of a historic outcome – passage of the Native Hawaiian Government Reorganization Act – a culmination of initial preparations for re-establishing recognized Native Hawaiian governance; and, payment of “past-due” Public Land Trust revenue obligations by the State to OHA, unpaid since 1980.
I would like to add more current information on the matter of the NHGRA. This past week the Native Hawaiian Government Reorganization Act has been in the news.
The fact is – all of us expected that the bill passed by the House and reported to the Senate in early 2010 would have had a Senate floor vote before the November 2nd general election because amendments had been agreed to by the State and our Senators. NO Senate floor vote occurred before Nov. 2.
The “lame-duck” session was targeted for Senate floor action on S.3945, introduced on Nov. 15, containing the amendments agreed to by Gov. Lingle and our Hawai‘i Senators.
The ultimate vehicle and strategy for Native Hawaiian Government Reorganization Act, as we now know, was the OMNIBUS appropriations bill, for which bipartisan support had been assured and commitments made.
The OMNIBUS combined 12 appropriations measures affecting multiple states and programs, including many in Hawai‘i for the Department of Hawaiian Home Lands, the University of Hawai‘i Law School, the State Department of Education, the Polynesian Voyaging Society and numerous others.
Also included in a section of the OMNIBUS was language, directing the Secretary of the Interior and the U.S. Attorney General, to work directly with State of Hawai‘i and its Constitutionally created entities serving Hawaiians, the Office of Hawaiian Affairs and the Department of Hawaiian Home Lands, to facilitate the enabling governance process.
By the end of last week, the nine Republican votes for the OMNIBUS had been peeled away by Senate Minority Leader McConnell, commitments were broken. Senate Majority Leader Reid withdrew the OMNIBUS from consideration lacking the votes necessary for passage. Without a doubt, this is another setback in a series of many for us.
But if Native Hawaiians are committed to self-determination, this additional hurdle should not derail our efforts or our resolve.
We should begin to implement the spirit and intent of the language that would have been in the OMNIBUS. OHA working with DHHL and the Governor’s Office should launch the first step in the process – the ENROLLMENT AFFIRMATION phase. OHA and our partners must reach out to all Native Hawaiians, wherever they reside.
The time is now for us, individually, to decide to participate or not participate in this Native Hawaiian Governance Reorganization Process. Our commitment to participate is affirmed by our ENROLLMENT.
We cannot be idle. We cannot be immobilized or paralyzed. “Victim mentalities” are not acceptable. We must move methodically, determinedly and collaboratively, NOW.
We will achieve Federal Recognition for Native Hawaiians.
Regrettably, our Native Hawaiian programs and assets will still be challenged, remain in “harm’s way”; and, litigations will probably continue.
But, if the Office of Hawaiian Affairs Trustees are ready to commit resources to launch the first step, the ENROLLMENT AFFIRMATION phase, we SHOULD begin NOW. And the close of this 2010 decade will not be so “grim or frustrating.”
If we seek to be self-determining, then let’s be it and live it … in all that we do. It is up to us. HIKI NÖ. [CAN DO]
The beginning of the new decade prompts the opening of Native Hawaiian expanded visibility in the international arena. ...
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http://www.oha.org/kwo/2011/01/KWO0111.pdf
Ka Wai Ola [OHA monthly newspaper], January 2011, page 28
[Available on OHA website on December 31, 2010 and in some libraries]
Monthly commentary by Rowena Akana, trustee at-large
Don’t rule out the Akaka bill passing in 2011
‘Ano‘ai kakou. On Nov. 15, 2010, Sen. Daniel Akaka introduced a
compromise version of Native Hawaiian Government Reorganization Act of
2010 (S.3945).
While there has been much talk in the media that the Akaka bill has little
chance of passing in the next two years, I wouldn’t rule it out for the following
reasons:
• Hawaii-born President Barack Obama is still in the White House and remains a strong supporter of the bill.
• Sen. Daniel Inouye, the most senior member of the U.S. Senate, remains the chairman of the powerful Senate Committee on Appropriations. After 51 years in Washington, I’m certain Senator Inouye can find a way to twist the arms of the Republican Senators who are holding up the bill.
• Gov. Neil Abercrombie can lobby the Senate with the help of his close
friend, Republican House Speaker John Boehner. (Star-Advertiser, Nov.
21, 2010)
Yes, it won’t be easy, but there is certainly still reason to hope.
POLITICAL STATUS ONLY
It is disappointing that critics of the bill continue to call it “race-based.” Jere Krischel of the Grassroot Institute of Hawaii, which opposes the Akaka bill, even said that it would “racially segregate families and communities into groups with different rights based on whether or not they have Hawaiian blood.” (AP, Nov. 9, 2010)
This is so ridiculous that anyone with half a brain knows this is crazy. The
Grassroot Institute, with a handful of members from the lower 48 states, has
no real roots in Hawaii. They know darn well the bill doesn’t do any of the things they claim it does. Their propaganda is based on lies and it’s time for
all of us to call them out.
We must investigate who really makes up their membership and what is their real agenda. Who is Jere Krischel and where does he come from? How long has he lived in Hawaii? Why do he and his contacts hate Native peoples and what are they afraid of?
Ever since Americans landed here on our shores, they have tried to control
our people and our lands. Krischel needs to be reminded over and over – Hawaiians aren’t immigrants, nor are we foreigners looking for handouts. Krischel and his ilk are the foreigners and they are the racists! They need to goback to where they came from and take with them their racist attitude. We don’t need them to spoil our Hawaii. Hawaiians for centuries have always
been generous and kind to our malihini and visitors. We certainly don’t want outsiders giving us a bad rap!
Establishing a political relationship between Native Hawaiians and the federal government will hopefully silence these racists and put a stop to their continuing legal challenges to Hawaiian programs. It will also prevent the loss of millions of dollars the state currently receives from the federal government for programs that perpetuate the Native Hawaiian culture, language and traditions.
The Akaka bill is only meant to begin the reconciliation process between the federal government and the over 400,000 Native Hawaiians living in the U.S. Passing the Akaka bill is simply the right thing to do. It doesn’t have anything to do with being a Democrat or a Republican and should not be such a politically divisive issue.
I look forward to working with the Obama Administration, our Congressional
Delegation and Governor Abercrombie as we take our next crucial steps toward Native Hawaiian sovereignty.
Mele Kalikimaka me ka Hau‘oli Makahiki Hou!
Are you interested in Hawaiian issues and OHA? Please visit my web site at
www.rowenaakana.org
for issues and links to other information sites.
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http://www.hawaiinewsnow.com/Global/story.asp?S=13765840
Hawaii News Now, December 31, 2010
Djou ending political career
HONOLULU (HawaiiNewsNow) - It was a shorter stay in Congress than he would have liked, but Charles Djou says he has no regrets.
Boxes and computers were carted out of Congressman Djou's office Friday. He turns the office over on Monday. Those computers and equipment will be donated to charity.
As for what's next for Djou... it is not staying in politics.
"Currently, I have no plans to run for any political office ever again. In terms of what my own personal future is, I'm going to take a couple of months to take a bit of a breather," Djou said. "2010 has been one very very hectic year for myself and my family. My family deserves to have me around a lot more and I'm very much looking forward to doing that."
Among his accomplishments in his seven months as Congressman, he voted to repeal "don't ask don't tell."
Djou also says he got a lot of commitments from Republican colleagues to support the Akaka bill, but isn't so sure his Democrat opponents will be able to do the same.
Colleen Hanabusa will take over the office on Wednesday.
** Ken Conklin posted the following online comment to the news report:
I'm the guy who blew the whistle on him and "outed" him as being a supporter of the Akaka bill. And if I'm responsible for getting lots of his Republican base in Hawaii to not vote for him, then I'm very pleased. See my published article
"Urging a Vote against Charles Djou"
Hawaii Political Info, October 12, 2010
http://www.hawaiipoliticalinfo.org/node/3439
The only politicians in Hawaii who might have the guts to stand up against the Akaka bill are Republicans, and I'm very angry when one of them decides to support it. So goodbye to ex-Congressman Djou, and don't let the door hit you in the 'okole on the way out.
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