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OHA needs to
By Pat Omandam
take control of status
talks, Waihee says
Star-BulletinThe Office of Hawaiian Affairs should be leading discussion on federal draft legislation dealing with the political status of Hawaiians, says former Gov. John Waihee.
Waihee, acting as counsel for OHA on this issue, said yesterday the proposal -- which so far has hit a lot of sour notes in the Hawaiian community -- is full of good intentions but has problems.
As the closest thing to an elected Hawaiian body, Waihee said, OHA trustees should take control of the situation and lead the talks on what form, if any, the measure should take. The task is urgent because U.S. Sen. Daniel Akaka and others in Hawaii's delegation have stated they want to introduce a bill next month in hopes it will win congressional approval by October.
"We are looking at this from OHA's point of view," said Waihee, a partner in the Washington D.C.-based law firm Verner Liipfert Bernhard McPherson Hand.
"I think you need to take control of the situation and you need to do that by making your position clear," he told trustees.
The proposal recognizes and acknowledges native Hawaiians as a unique and distinct indigenous people and that the United States has a trust responsibility to legislate for the betterment of Hawaiians. The draft bill also sets up a federal Office of Native Hawaiian Affairs as well as an interagency council to guide federal policy on Hawaiian issues.
But among its biggest flaws is lack of a clear purpose. Waihee said there are at least two reasons for the bill: to protect existing Hawaiian institutions and resources in light of the Rice vs. Cayetano ruling and to lay the foundation for political recognition and self-determination of Hawaiians.
But the draft bill does neither one well. And it doesn't go far enough to establish the "indigenous-ness" Waihee believes is needed for sovereignty. Others agree.
Trustee A. Frenchy DeSoto, a delegate with Waihee in the 1978 state Constitutional Convention that created OHA, called the measure a dangerous "knee-jerk response" to the Rice decision that is full of inconsistencies. While DeSoto supports Akaka's work, she disagreed with his appointments to the local working groups because they didn't include any Hawaiian elders or kupuna.
DeSoto is equally upset the panels have so little time to discuss the proposal with the greater community. Trustee Donald Cataluna added there's nothing in the bill to empower Hawaiians to voice their concerns and also agrees the short deadline has much to do with politics.
"It seems to me it's on a very, very fast track," Cataluna said. "It's shooting like a rocket and we really have no control over its path -- where its going to end up with."
There are three motivating factors for the June deadline, Waihee said. They are: the negative outcome of the Rice decision, the ongoing reconciliation process between the federal government and Hawaiians, and the 2000 general election, which in itself has all kinds of implications.
Waihee stressed it doesn't matter who the next president will be because the tendency for a new administration is to put most congressional issues on the back burner for at least two years. So whatever momentum was made on Hawaiian issues this fall will remain idle for that long.
The bottom line, says Waihee, is that OHA must decide whether to support a short-form bill that only protects Hawaiian assets for now or work on a longer proposal that also lays the foundation for sovereignty in the future. And both choices must be done with the broad input of the Hawaiian community, he said.
"I think we can still influence this," Waihee said.
The OHA board plans to hold a workshop next week to discuss their strategy. Chairman Clayton Hee viewed yesterday's meeting as a good starting point for the discussion.
Office of Hawaiian Affairs
