OHA aiming
for autonomy

The agency will seek greater
sovereignty in the coming
year, its chairwoman says

The Office of Hawaiian Affairs wants more independence from state government as Hawaiians move to self-governance, says OHA Chairwoman Haunani Apoliona.

In her State of OHA address yesterday, Apoliona said OHA would sponsor legislation next year that would remove some legal constraints and allow OHA to have greater flexibility in operations.

But she noted that OHA would continue to operate prudently and in an accountable manner.

Apoliona made the comments in her speech yesterday morning at the investiture ceremony for the elected trustees at Kawaiaha'o Church.

"We are a state agency but we're not a state department," Apoliona said later yesterday. "We are envisioned to be a fourth arm of government."

Several court challenges have plagued OHA in recent years, forcing it to look at major structural changes, including possible constitutional changes in how OHA is defined, said state Sen. Colleen Hanabusa, chairwoman of the Senate Judiciary and Hawaiian Affairs Committee.

"Primarily, OHA has to move in the direction the chair is saying, to, I think, represent its beneficiaries," Hanabusa said. "I do understand and empathize that they want to end their state agency status, but I'm not quite sure ... how it's going to do that, short of an Akaka Bill."

One such case is Rice v. Cayetano, in which the U.S. Supreme Court ruled that OHA is a state agency and that all citizens have the right to vote for OHA trustees, not just native Hawaiians.

"One of the issues that we have always dealt with OHA on since that time (Rice v. Cayetano) is how do you get away from becoming basically a state agency, which is the U.S. Supreme Court decision," Hanabusa said.

Hanabusa said she believes it is necessary to have such independence when looking toward a sovereign entity, but is not clear on what must be done to effect that, since it would require overriding the Rice v. Cayetano decision.

A decision in a federal court appeals case (Arakaki v. Lingle) that challenges the constitutionality of OHA and the Department of Hawaiian Home Lands is pending.

Hanabusa said the decision in the Arakaki case will also affect how OHA is going to move toward a quasi-independent entity.

But she believes the only way for OHA to achieve independent status would be for the Akaka Bill to pass.

The so-called Akaka Bill would grant federal recognition to native Hawaiians similar to political recognition given to American Indians and Alaska natives.

Apoliona said the legal challenges must be defended and are of concern, but OHA is preparing and building for the future.

She emphasized the need for native Hawaiians to enroll and participate in the process.