Ka Wai Ola O OHA – the Living Water of OHA Iulai (July) 2003
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Vol. 20, No. 07 Ka Wai Ola o OHA – The Living Water of OHA Iulai (July) 2003 OHA refocuses nationhood campaign Arakaki plaintiffs’ in light of recognition bill amendments attorney Hanifin dies; hearing By Derek Ferrar rescheduled esponding to recent amend- By Naomi Sodetani ments to the U.S. Senate bill Rseeking federal recognition for June 16 hearing on native Hawaiians, OHA has refocused motions submitted in the the timeline of its own campaign to AArakaki v. Lingle case has facilitate Hawaiian self-governance, been rescheduled because of the known as Ho‘oulu Lähui Aloha, or “To sudden death of one of the plain- Raise a Beloved Nation.” tiffs’ attorneys. In early May, OHA’s Trustees, Patrick Hanifin, 48, suffered a together with a variety of Hawaiian heart attack on June 13 and died community groups, announced the the following day. process of public discussion and par- Federal Judge Susan Oki ticipation leading to a community- Mollway has rescheduled the based ‘aha, or gathering of delegates, hearing to Sept. 8. which would frame the founding docu- The three-month delay means ments of a governing entity to repre- the case could be affected by the sent the Hawaiian people. OHA’s outcome of the Hawaiian Board has several times affirmed its Recognition Bill. The bill is pend- view that federal recognition and the ing before the U.S. Senate, and formation of a Hawaiian governing OHA Trustee Boyd Mossman and Sen. Daniel Akaka during the trustees’ recent visit to action could be taken on it before body are the best ways to defend Washington, D.C., to lobby in favor of the Akaka-sponsored Hawaiian Recognition Bill. the hearing begins. against legal and political attacks seek- The March 2002 lawsuit filed by ing to terminate benefits to Hawaiians a list, or “roll,” that would be assem- the principle focus — to give members Hanifin and retired attorney as being unconstitutionally based on bled under the supervision of a federal of the public the information they need William Burgess on behalf of 16 “racial preference.” Office for Native Hawaiian Relations to come to a decision that nationhood plaintiffs challenges the constitu- “As representatives elected solely to created by the Department of the is serious and important, especially tionality of OHA and the state represent the Hawaiian people,” OHA Interior. These Hawaiian voters would now in the face of the legal threats to Department of Hawaiian Home Chairperson Haunani Apoliona said at then choose the nature and representa- programs benefiting Hawaiians.” Lands (DHHL). the launch of the Ho‘oulu Lähui Aloha tives of the Hawaiian governing entity, As a first step in the drive for nation- The rescheduled hearing will campaign, “the which would be hood, OHA is currently facilitating a address the first in a series of pre- Trustees of the empowered to wide variety of häläwai, or community trial motions in this case, which is Office of Hawaiian Find out the facts negotiate with meetings, to discuss the issues of scheduled for a trial in June 2004. affairs are resolute the federal and nationhood and federal recognition. In Sherry Broder, Jon Van Dyke and committed to Watch the new Hawaiian issues state govern- addition, it is sponsoring such media and Melody MacKenzie filed advancing the TV roundtable, Wednesdays at 7 ments over con- outreach efforts as an e-mail newsletter OHA’s motion for partial summa- process of Hawaiian trol of ceded and televised roundtable discussions ry judgment, asking the court to p.m. on ‘Ölelo Channel 53. governance and lands and other on Hawaiian issues (see box at left). recognize Native Hawaiians as an nationhood.” Sign up for the new biweekly vital issues. Meanwhile, OHA is prepared to pro- indigenous people for whom the Initially, it was Hawaiian nationhood electronic In light of this ceed with the original ‘aha process in state and federal governments hoped that the elec- newsletter by sending your new procedural the event that the Akaka-Stevens bill have a recognized trust responsi- tion of delegates name and e-mail address to framework, fails to advance during the current ses- bility. could take place in OHA’s leadership sion of Congress. “We are hopeful that The motion alternatively asks [email protected] November, with the has postponed the recognition bill will be passed into the court to dismiss the claim as a ‘aha to be convened Host a häläwai or become a scheduling the law sometime in the fall,” OHA “nonjusticiable political question” early in 2004. On facilitator. Call 594-1759 from ‘aha pending Administrator Clyde Nämu‘o told staff it has no authority to decide. The May 14, however, the O‘ahu or toll free from the main- developments on at a recent meeting. “If that should not court had rejected a similar Senate’s Committee land and other islands at 1-800- the recognition occur, however, we are prepared to motion filed by OHA last spring. on Indian Affairs bill, which, hav- move ahead with the originally But Broder said new grounds 366-1758. Find out more at passed an amended ing passed out of announced Ho‘oulu Lähui Aloha plan merit reconsideration. version of the federal oha.org n the Indian Affairs to build a Hawaiian governing entity The new motion cites a recent recognition bill that Committee, is from the community level up.” district court ruling, spelled out its own now awaiting “The bottom line of all of this is that Kahawaiola‘a v. Norton, that specific process for the formation and consideration by the full Senate. “The we cannot rest until there is recogni- Native Hawaiians are recognized recognition of a Hawaiian governing changes in the Akaka-Stevens Bill may tion of a Hawaiian governing entity,” as “indigenous to the United body. Now known as the “Akaka- affect the timing of our governance said Apoliona. “But even after that, States, and that therefore it is up to Stevens Bill” following the addition of campaign,” said Peter Yee, OHA’s nationhood will be an ongoing effort, Congress to determine the full influential Alaska Sen. Ted Stevens as Director of Hawaiian Governance and and it is one that will require the par- a cosponsor, the legislation calls for Native Rights, “but they don’t affect ticipation of all Hawaiians.” n See ARAKAKI on page 17 eligible Hawaiian adults to register for IN THIS ISSUE Ka Wai Ola o OHA Office of Hawaiian Affairs PRESORTED “Kü‘ë: People, Land and Sea” photo STANDARD 711 Kapi‘olani Blvd., Ste. 500 U.S. POSTAGE exhibit traces genessis of sovereignty Honolulu, HI 96813-5249 PAID PAGE Honolulu, Hawaii movement. See story on page 12. Permit No. 298 12 Singer/guitarist Owana Salazar’s latest release earned her a Nä Hökü Hanohano Award. See page 11. PAGE 11 www.OHA.org K L K A EO AIÄULU LETTERS TO THE EDITOR KA LEO KAIÄULU Hawaiian soul ing out the blood quantum criteria. caucus members were free to Ferreira reveals that he does not attend, including the 10 com- Kanaka Hawai‘i maoli, ‘aha care about the survival of native plainants. Nobody bothered to Share your mana maoli, lökahi, laulima, he lei Hawaiians as defined in the show. If there were suspicions of poina ‘ole ka lei ‘ohana. HHCA, 1920, instead he simply misconduct, why didn’t they come mana‘o on the What do these words mean to me wants “benefits” now set aside for witness the counting of the bal- as a Native Hawaiian today? They native Hawaiians. lots? recognition bill mean a great deal; they are a part In this manner, Ferreira seems to • KLH database: Kia‘äina-elect of my identity as an indigenous, share the same goal as the State of Lehua Kinilau was given the o you have thoughts or true child of this land. Six-and- Hawai‘i’s Office of Hawaiian responsibility to update and main- one-half years ago I faced two life Affairs (OHA). OHA officials are tain the database. To say she “con- feelings you’d like to terms in prison, and in spite of my using the Arakaki suit as a pretext trolled” it is a stretch. No one was express regarding the obstacles, I held on with both to push for the Akaka bill and get excited to take the job. D hands, my love for my people. I rid of the HHCA, 1920, and We need constructive criticism, Hawaiian recognition bill current- couldn’t speak ‘ölelo Hawai‘i nor Section 5(f) and give those lands not emotional tirades that divide ly before Congress? Starting in did I know the true politics of what and resources to yet another gov- our citizens. We need to ask our- really happened 110 years ago and ernmental entity little different selves if this was written as a our August issue, Ka Wai Ola o the genocidal attacks on us which from OHA. lament of a few caring, loyal KLH OHA will be running a special have continued for 11 decades followers or a deliberate, vindic- since. Emmett E. Lee Loy tive attempt by a few malcontents forum devoted to community dis- Here in the prison system I have Honolulu to publicly humiliate two candi- cussion on the federal recognition met a few special kanaka maoli dates not of their choosing? If this prisoners who, just like me when Ka Lähui is indeed the end of the nation, its legislation, also known as the demise will be marked by the 10 released, will not ever come back The letter “Ka Lähui: End of a “Akaka-Stevens Bill,” or S.344.