View Point
Wednesday, October 27, 1999
THE sovereignty of the Hawaiian people was stolen with the overthrow of Queen Liliuokalani on Jan. 17, 1893. More than 100 years later, the ramifications of this illegal act are still being felt in the Rice vs. Cayetano case in the U.S. Supreme Court. Much to do while
awaiting Rice decision
The people are different, the arena is different, but the message is the same. Big Island resident Harold "Freddy" Rice and special interest groups that oppose minorities are trying to strip Hawaiians of their political status by using the U.S. Constitution's 14th and 15th Amendments as a race card.
As I sat in the courtroom watching the oral arguments in Washington, D.C., earlier this month, my emotions were torn between anger and tears. Most of the justices were ignorant of who Hawaiians were, yet they held the power to ultimately decide our fate.
But, much to her credit, it seemed as if Justice Ruth Bader Ginsburg wasn't fooled by the shell game Rice's attorneys were playing.
She acknowledged that the federal government has agreements with Native Americans to restore their dignity, and pitched a strong analogy by asking out loud, "Why doesn't that work for Hawaiians?"
Hawaiians all know that this Supreme Court case is not about race. It is about the trust obligation the United States has to indigenous Hawaiians because it is responsible for the overthrow of the Hawaiian monarchy, and the uncompensated taking of our lands.
We know that Congress extends services to us not because of our Hawaiian blood but, rather, because Hawaiians were the first peoples to inhabit our islands and are -- therefore, by definition -- indigenous.
In fact, federal legislation has been enacted as a direct result of America's recognition of its trust responsibility to the natives of these islands, and cannot be considered race-based discrimination.
The Rice vs. Cayetano decision is expected sometime next spring. But Hawaiians must not waste any time. We must start taking proactive measures and begin making decisions for ourselves as a people.
We must start pressuring our congressional delegation to move for congressional recognition and status as a native nation. There is strength in numbers and, despite our philosophical differences, it is more important now than ever before to put aside these differences and present a unified front as a nation so that our voice can be heard.
It is important to note that, during the oral arguments, more than one Supreme Court justice questioned the fact that Congress never codified the State of Hawaii's recognition of its native peoples.
Because of Public Law 103-150, which was introduced by Sen. Daniel Akaka, federal officials will be in our islands in December for meetings to hear from as many Hawaiians as possible.
This is an historic opportunity for Hawaiians to voice their opinions on what steps should be taken to achieve reconciliation. I urge all Hawaiians to become involved in this important process.
The future of Hawaiians does not depend solely on a court decision. It depends on our desire to control our own destiny and the willingness of our people to work together toward a common goal.
That task rests squarely on every Hawaiian's shoulders. Talk about this important issue of reconciliation with your friends, your ohana and those without Hawaiian blood. Attend the hearings and express your mana'o to the federal government.
Rowena Akana is chairwoman of the
Office of Hawaiian Affairs Board of Trustees.
January '97 OHA Ceded Lands Ruling