|
Native Issues
|
Akaka bill questions
and OHA answers
It's being touted as the most vital piece of legislation for Hawaii since statehood. It is Senate Bill 147, formally known as the Native Hawaiian Government Reorganization Act of 2005 and better known as the Akaka bill, for its primary sponsor, Sen. Dan Akaka.
Akaka's colleague, Sen. Dan Inouye, says the bill granting federal recognition to Native Hawaiians is on track to get a floor vote by Aug. 7, before the summer recess. Then it would be heard in the U.S. House, which already has passed the measure in a previous session.
Among the many groups supporting passage is the Office of Hawaiian Affairs, which is fighting a well-financed lawsuit that seeks to dismantle OHA along with the state agency that administers the Hawaiian Home Lands program. Other federal programs that assist Hawaiians also are under attack in the courts, along with the admissions policy at Kamehameha Schools.
"Senate Bill 147 is an important step toward long overdue reconciliation. And as far as the courts go, it provides a significant legal shield against these forces who seek to deny history and annihilate programs that help Hawaiians, and their ohana and, in the big picture, Hawaii as a whole," said Haunani Apoliona, chairwoman of the OHA Board of Trustees.
The following are among the most frequently asked questions about the Akaka bill.
Answer: Yes, it is. The U.S. Constitution states that Congress has the power to regulate commerce with Indian tribes and indigenous groups in the United States.
Q: Why are Hawaiians being referred to as Indians, and a tribe, when they are not Indian or have never been members of a tribe?
A: Hawaiians are not being referred to as Indians or as members of a tribe under the Akaka bill. They are just utilizing the federal policy of Indians and Indian tribes, which has been extended to other indigenous groups in the United States, including Pueblos of the southwest and native Alaskans.
Q: Why should we allow the Akaka bill to pass when it treats one race differently from the others? Isn't that a violation of the 14th Amendment?
A: The Akaka bill is not race-based. It does not violate the 14th Amendment.
The Akaka bill is based on the special political and legal status Hawaiians had as a result of the prior political relationship between the sovereign Kingdom of Hawaii and the United States.
The U.S. Supreme Court has ruled that Native Americans are provided particular benefits not because of their race but because of their unique political status as a sovereign entity before they were taken over by the United States. Hawaiians fall within this same category.
Q: Won't the Akaka bill bring gambling to Hawaii?
A: No. In order to have gambling, the state Legislature must first approve gambling in Hawaii. The federal government does not have the right to allow gambling in Hawaii if the state government does not allow it.
Q.: If the Akaka bill passes, will I lose my land?
A: No. The Akaka bill will not affect privately held land. Only public lands would qualify for transfer to the native Hawaiian governing entity, and the determination of which public lands and how much would take place only after negotiation with the state of Hawaii and the federal government.
Q: If the Akaka bill passes, will I have to leave Hawaii?
A: No. The native Hawaiian governing entity will not have the power to do that, and will exist within the structure of the state of Hawaii and the United States.
Q: Shouldn't the Akaka bill include non-Hawaiians whose ancestors were here in 1893 and pledged loyalty to the Queen?
A: Descendants of non-Hawaiians who pledged loyalty to the Queen can be included later when citizenship of the native nation is determined.
The Akaka bill follows the existing practice within the United States to allow native nations to decide for themselves who can be citizens of the nation. Many Indian tribes permit non-Indians to be citizens. After the Akaka bill passes, Hawaiians would have the same opportunity to include non- Hawaiians as citizens in the native Hawaiian nation.
Q: Why should I support the Akaka bill?
A: Because it's the right thing to do. In 1993, Congress passed the "Apology Bill" agreeing to seek reconciliation with native Hawaiians for the unlawful overthrow of the Hawaiian monarchy in 1893. The Akaka bill is part of that reconciliation.
In addition, the Akaka bill is a vehicle to protect $65 million in federal funding for education, health, housing and other programs for native Hawaiians. Without those federal funds, the burden for these services could fall on the state of Hawaii and its taxpayers. By protecting these benefits, the entire population of Hawaii would benefit.
Federal recognition is nothing to fear. More than 500 indigenous nations already exist in the United States, and they co-exist with states and the federal government.
[News] [Business] [Features] [Sports] [Editorial] [Do It Electric!]
[Classified Ads] [Search] [Subscribe] [Info] [Letter to Editor]
[Feedback]