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Editorials
Tuesday, October 10, 2000Akaka bill wouldn’t
create Hawaiian ‘tribe’The issue: Concern that congressional recognition of Hawaiians as a quasi-sovereign entity would deplete federal funds for American Indian tribes is not justified.
THE congressional proposal to create federal recognition of Hawaiians similar to that of American Indian tribes is being held up without justification. While Native American tribes have provided broad support for the bill, Sen. Ben Nighthorse Campbell, R-Colo., has raised concerns that the recognition could lead to depletion of federal funds for Indian tribes. His concern and that of Hawaiians opposed to being regarded as an "Indian tribe" are not justified.
Campbell, a member of the Northern Cheyenne tribe and the only Native American member of Congress, said he is concerned about the effect that the changed status of Hawaiians would have on the Bureau of Indian Affairs. In hearings last month, Senator Inouye assured fellow members of the Committee on Indian Affairs -- including Campbell, the committee's chairman -- that the proposal would not affect Indian programs and not involve the Bureau of Indian Affairs.
Comparison of Hawaiians and Native Americans arose in legal arguments in Rice vs. Cayetano, in which the U.S. Supreme Court struck down the exclusion of non-Hawaiians from voting for Office of Hawaiian Affairs trustees. The state of Hawaii argued that the exclusion was permitted because of similar limitations in elections of Indian tribes. The high court responded that Indian tribes, unlike Hawaiians, have "quasi-sovereign authority" of self-governance.
The purpose of the bill sponsored by Senator Akaka and supported by Hawaii's congressional delegation is to achieve a level of sovereignty for Hawaiians comparable to that of Indian tribes. Campbell -- concerned about the welfare of Native Americans -- and Hawaiians who have protested that "we are Hawaiians, not Native Americans" have failed to grasp that point.
The Interior Department's Bureau of Indian Affairs exercises special guardianship over the economic, educational and moral welfare of Indians and acts as trustee for Indian property. The bill does not provide -- and no one is suggesting -- that Hawaiians be brought under that umbrella.
Campbell's concern has been followed by similarly baseless complaints by other members of Congress. The misinformation may have resulted from the surprisingly rapid passage of the bill by the House and the speedy Senate approval that seemed possible.
With less than a week remaining in the current congressional session, the bill's chance of enactment has become less likely. Hawaii's delegation nevertheless should press for its approval in this session, but should not be discouraged if the issue must be revisited and explained with greater clarity next year.
Racial profiling
WITHOUT acknowledging that nuclear scientist Wen Ho Lee was a victim of racial profiling that led to his prosecution, Energy Secretary William Richardson has announced safeguards to prevent such discrimination. The action is the most that could be expected of Richardson without his adding fodder to the privacy-infringement lawsuit Lee has filed against the government.
Lee was released from prison last month, agreeing to a plea bargain after being accused of violating security at the Los Alamos, N.M., nuclear laboratory. He initially was suspected of leaking secrets to China about a sophisticated nuclear warhead, but the government abandoned efforts to find evidence of espionage.
Federal prosecutors have been unable to disprove allegations that the case against Lee stemmed from his Chinese ancestry. He was born in Taiwan and is a naturalized U.S. citizen. However, some officials defended the focus on Lee, saying China's policy was to recruit Chinese Americans for espionage. Lee acknowledged improperly downloading a massive amount of computer data, including classified material, but the government failed to produce evidence of espionage.
Richardson said in an interview this week that he remains convinced Lee was not singled out for investigation and prosecution because of his Chinese background. To admit otherwise would resound in court.
However, Richardson said there are "enough instances throughout the complex" at Los Alamos to raise suspicion that discrimination may have occurred. "I want to eliminate once and for all future suspicions," he said. "I will not tolerate even hints of racial profiling."
Richardson has ordered his inspector general to investigate whether any such activity has occurred. Also, he ordered revision of his department's outside contracts to include guarantees against racial profiling.
The actions are an obvious response to resentment caused by the handling of the Lee case. While that case has been resolved, it is appropriate that the government determine whether others have been singled out because of race and prevent such discrimination in the future.
Published by Liberty Newspapers Limited PartnershipRupert E. Phillips, CEO
John M. Flanagan, Editor & Publisher
David Shapiro, Managing Editor
Diane Yukihiro Chang, Senior Editor & Editorial Page Editor
Frank Bridgewater & Michael Rovner, Assistant Managing Editors
A.A. Smyser, Contributing Editor
