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Editorials
Saturday, July 8, 2000Hawaiian rights bill
in Congress bolsteredLAST May Hawaii's four-member congressional delegation released draft legislation that would provide recognition by the federal government of Hawaiians as a "unique and distinct indigenous people" with the right to self-determination.The issue: A draft bill prepared by the Hawaii congressional delegation on Hawaiian rights has been strengthened by provisions for establishing a government.
The draft also asserted that the United States has a trust responsibility to promote the welfare of Hawaiians and that Congress has the authority to legislate on their behalf.
It proposed the establishment of an Office of Native Hawaiian Affairs in the Department of the Interior and a Native Hawaiian Interagency Council to coordinate federal policies relating to Hawaiians. Senator Akaka called the bill "a first step" in clarifying the political relationship between Hawaiians and the federal government.
The bill was in part a response to the Supreme Court's decision last February that the state could not exclude non-Hawaiians from voting in elections for the Office of Hawaiian Affairs' trustees. It also reflected the aspirations of the Hawaiian sovereignty movement.
The measure, which is expected to be introduced in Congress next week, has since been strengthened. It now includes a process to establish a Hawaiian government that would be recognized by the federal government.
Under the proposal, the Hawaiian community would have a year to produce a voting list of adults who could trace their ancestry to the indigenous population of Hawaii in 1893, the year of the overthrow of the monarchy.
Those voters would elect a Native Hawaiian Interim Governing Council, which would draft a constitution for a governing body. The voters would then decide whether to ratify the constitution and elect leaders.
The current version of the bill also changes the name of the proposed Office of Native Hawaiian Affairs to the Office of Special Trustee for Native Hawaiians, and the name of the proposed federal interagency council to the Native Hawaiian Interagency Task Force.
The initial intent of the drafters was to clarify the status of Hawaiians in the wake of the Rice vs. Cayetano decision and protect federal programs for Hawaiians. They intended to make a separate effort in another session of Congress to obtain federal recognition of a Hawaiian government.
THe revision has been explained as a response to concern that there might not be an opportunity to complete the two-step process after the Clinton administration leaves office.
Whether the Hawaii delegation can steer this bill through Congress in the limited time remaining this year is uncertain. But it's worth a try. It's always possible to fall back on the original strategy if that should prove necessary.
Republicans’ complaint
STATE House Republicans have accused Governor Cayetano of playing politics with an official state publication, 'Imi Loa. They charge that Cayetano has used it to feature certain Democratic legislators who, they say, are facing serious challenges in the fall elections.
Members of the Republican Caucus have gone so far as to file formal complaints, asking the State Ethics Commission, Campaign Spending Commission and the Honolulu Community-Media Council to investigate.
They complain that articles in the state publication cast certain Democrats in a favorable light as lawmakers responsible for passing various key measures, while ignoring the contributions of Republicans and other Democrats.
We can't say we're shocked by the allegations. Who expects a Democratic governor to play fair with the tiny Republican minority in the Legislature when it comes to treatment in an official state propaganda organ?
We wish the Republicans luck with their complaint, but don't think their prospects are bright. The party in power is the Democrats, and they will use government propaganda organs to further their own ends.
That is precisely why an independent press is so important -- a press free of government coercion that will provide a vehicle for criticism of government and other powerful institutions. The First Amendment was added to the Constitution because the framers appreciated the critical importance of freedom of speech and press to combat abuses of governmental power.
Whatever the merits of the complaint regarding 'Imi Loa, Cayetano has shown little regard for freedom of speech and press. Over the course of his administration the Star-Bulletin has repeatedly noted cases in which these freedoms have been violated.
The latest case involved his office's complaint to the Honolulu Community-Media Council against Pacific Business News. The newspaper said the complaint concerned its reporting the recommendations of the Small Business Task Force on Regulatory Relief before Cayetano had reviewed them and released them for publication. This was legitimate journalistic enterprise, however displeasing it may have been to the governor.
Subsequent to the filing of the complaint, the reporter who wrote the story was fired. We are asked to accept the newspaper's statement, however implausible it seems, that the governor's complaint had nothing to do with her dismissal. Cayetano's spokeswoman warned publicly that if the reporter was rehired, the complaint against the newspaper would be renewed.
We call that intimidation and a violation of freedom of the press -- nothing new for this administration.
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
