Editorials
Wednesday, August 12, 1998

U.N. can't nullify
Hawaii's annexation

SOME native Hawaiian activists are hoping that the United Nations will declare the annexation of Hawaii a century ago invalid. A U.N. report filed July 30 in Geneva, Switzerland, said the situation of native Hawaiians takes on a "special complexion" because of the 1993 U.S. apology for its role in the overthrow of the monarchy. The study recommends that Hawaii be returned to a U.N. list of "non-self governing territories." This could supposedly make Hawaii eligible for "decolonization" and a U.N.-sponsored plebiscite.

If such a declaration is made it will be a propaganda coup for the sovereignty advocates. From their point of view, the timing of the report -- just prior to the current observance of the annexation centennial -- couldn't be better.

Mililani Trask, leader of the sovereignty group Ka Lahui Hawaii, said this is the first official U.N. document that finds against the treaty of annexation and recommends that Hawaii be listed as a colony.

But don't expect Hawaii's annexation to be nullified, even if some U.N. body declares it invalid. Nor would the vast majority of Hawaii residents want it to happen.

Although a strong case has been made that most native Hawaiians opposed annexation in 1898 -- as evidenced by the thousands of signatures on a petition to Congress that is currently receiving much attention -- to claim that Hawaii is "non-self governing" in the year 1998 would be ridiculous. Any such determination by the U.N. -- which has many member nations that are far less democratic than the United States -- if it was ever made, would deserve to be ignored.

Even the advocates of Hawaiian sovereignty are divided as to what form sovereignty should take. As A.A. Smyser noted in his column on this page yesterday, federal District Judge Samuel P. King, one of the most highly respected Hawaiians of our time, contends that sovereignty already exists through the establishment of the Office of Hawaiian Affairs.

Others advocate a status comparable to American Indian nations within the U.S. The most extreme position -- and an entirely unrealistic one -- is independence.

There is no way that the clock of history can be turned back 100 years. Annexation is a fact of history, for better or worse, and will not be reversed. The grievances of native Hawaiians must be addressed in the context of the realities of today.

Copyright extension

AS advances in communications technology cause the globe to shrink, differences in media practices take on greater importance. In the area of copyrights, most countries have been able to agree on standards to protect creative works against plagiarism.

Those standards follow a pattern established by a series of international conventions that began in 1886, with one exception -- the United States. More limited U.S. copyright rules now are on the verge of costing the Walt Disney Co. billions of dollars. The media giant has a legitimate complaint.

Disney's concern is that U.S. copyright laws grant it exclusive rights to its movies for 75 years. The 75th anniversary of the debut of Mickey Mouse in "Steamboat Willie" is only five years away, to be followed by similar milestones for Pluto, Goofy, Bambi, Dumbo, Donald Duck, Snow White and all Seven Dwarfs.

Once those dates pass, Disney no longer would be able under current law to collect fees for showing of its classic movies. Other companies would be allowed to create movies or products featuring the Disney characters.

The law puts U.S. companies at a disadvantage because European rivals are allowed to claim 95-year copyrights. Disney is lobbying for a bill that would extend the U.S. copyright for movies by 20 years to conform with the European standard.

It faces opposition in Congress by conservatives annoyed by Disney's recent portrayal of sex, violence and gay rights in some of its movies although its reputation was built on its cartoon characters.

Disney Chairman Michael Eisner told stockholders earlier this year the criticism came from "groups that want to leverage our strength with the public for their own ends" and that are focusing on Disney "because it is more effective than citing one of our competitors."

The probably huge financial benefit of copyright extension to Disney, or the nature of Disney's current movies, should not cloud the issue. A more restrictive standard in the United States than now given by the European Union to its member countries is unfair not only to Disney but to other U.S. media companies and American artists.

Marion Saunders

MARION Grace Saunders, who died last Thursday at 89, was one of Hawaii's most dedicated citizens, serving in a series of public service roles starting in the 1950s and culminating as a member of the state Board of Education from 1974 to 1981.

She was a founding member and president of the League of Women Voters of Honolulu and at various times educational administrator for the Trust Territory of the Pacific Islands, program officer for the East-West Center's Institute for Student Interchange and director of continuing education for women at the University of Hawaii.

On the school board, she advocated equal opportunities for girls in sports and school and for female employees of the Department of Education, goals she supported throughout her career. Her late husband, Allan, taught political science at the University of Hawaii and was a prominent advocate of civil liberties.

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John M. Flanagan, Editor & Publisher

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Frank Bridgewater & Michael Rovner, Assistant Managing Editors

A.A. Smyser, Contributing Editor