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Editorials
Friday, January 19, 2001Hawaiian rights may
depend on CongressThe issue: Hawaiian programs are threatened by lawsuits challenging their constitutionality.
THE U.S. Supreme Court's decision in Rice vs. Cayetano cast a long shadow over the Hawaiian sovereignty movement. This was evident at the Hawaiian rights demonstration at the opening of the 2001 state Legislature.
Vicky Holt Takamine, president of the 'Ilio'ulaokalani Coalition, warned that Hawaiians "are on the verge of extinction...threatened by outside forces who will use U.S. constitutional law to take what little we have left of our land, heritage, culture and rights."
Keali'i Gora of Ka Lahui Hawaii noted that Rice vs. Cayetano, which nullified the Hawaiian restriction in voting for trustees of the Office of Hawaiian Affairs, has inspired a series of lawsuits seeking to declare unconstitutional OHA, the Department of Hawaiian Home Lands and protection of Hawaiian gathering rights.
Gora called on all Hawaiians to unite for restoration of the Hawaiian nation and "take a stand for our land." He urged inclusion of Hawaiians among the native groups entitled to self-determination.
There may be little the Legislature can do to fend off the legal challenges, but federal legislation opening the way for Hawaiians to obtain recognition as an indigenous self-governing group may be a solution.
Rep. Abercrombie, who spearheaded quick passage of the Hawaiian autonomy bill in the U.S. House last year, cautioned that the measure, which died in the Senate but will be reintroduced this year, shouldn't be counted on in connection with the lawsuits.
Abercrombie explains, "I never think about legislation in terms of nullifying something or even affirming something, because that gets too tricky. Legislation should be able to stand on its own."
But he added that if passage of the bill helps the state defend the constitutionality of Hawaiian programs, so much the better.
A spokesman for Senator Akaka, who as the only U.S. legislator of Hawaiian blood is most closely identified with the autonomy bill, said the senator plans to reintroduce the legislation next month.
The Rice decision is widely viewed as a precedent that could lead to nullification of all Hawaiian programs on the ground of racial discrimination.
That would be a major blow to the Hawaiian community, far more devastating than the Rice decision itself, which dealt only with election of OHA trustees. Recognition by Congress of a status of Hawaiians as a native people comparable to American Indian tribes may be the best argument in defense of Hawaiian preferences.
The Hawaii delegation should consider passage of this measure as its highest priority.
Estrada should face
reality and step down
A furious backlash against developments in President Joseph Estrada's impeachment trial has brought the Philippine leader to the brink of ouster. Estrada was refusing to resign, proposing to stay on until a snap election was held in May -- an election in which he would not be a candidate.
But that proposal was immediately rejected by Vice President Gloria Macapagal Arroyo, who is in line to succeed Estrada under the constitution.
Arroyo, the daughter of a former president, was elected independently of Estrada and owes him nothing. There is no provision in the constitution for the election he proposed. He has more than three years left in his term.
With military commanders deserting Estrada and declaring they would accept orders only from Arroyo, and with a broad array of the Philippine establishment repudiating him, the president could be forced out in a matter of days if not hours.
His position is hopeless. He should end the crisis by resigning immediately.
Estrada won election in May 1988 after a career as a leading man in the movies and as the mayor of a Manila suburb. He appealed mainly to the poor, who knew him from his film roles, and was shunned by most of the middle class. Since becoming president, he appears to have encouraged a resurgence of corruption that has weakened confidence in the economy.
The country has been in turmoil since last October, when a provincial governor and crony of Estrada revealed that he had taken millions of dollars in bribes related to an illegal gambling game. The charges led to impeachment in the lower house of the Congress and a trial in the Senate.
When a bare majority of the senators rejected a prosecution bid to open bank records that would supposedly prove Estrada had hidden an ill-gotten fortune under false names, the prosecutors resigned in protest and Manila erupted in demonstrations.
The situation was reminiscent of the "people power" revolt that brought down Ferdinand Marcos in 1986, although Estrada is not a dictator. While conditions are still fluid at this writing, it appears probable that a change in leadership can be achieved peacefully. The Philippines sorely needs such a change.
Published by Liberty Newspapers Limited PartnershipRupert E. Phillips, CEO
John M. Flanagan, Editor & Publisher
Frank Bridgewater, Acting Managing Editor
Diane Yukihiro Chang, Senior Editor & Editorial Page Editor
Frank Bridgewater & Michael Rovner, Assistant Managing Editors
A.A. Smyser, Contributing Editor
