Ka Wai Ola - Office of Hawaiian Affairs, 1 Ianuali 1983 — CHIEF JUSTICE WILLIAM S. RICHARDSON [ARTICLE+ILLUSTRATION]

CHIEF JUSTICE WILLIAM S. RICHARDSON

AT THE INDIGENOUS PEOPLES INTERNATIONAL CONFERENCE

negati\e perception of Hawaiians and their culture was fostered. the "aloha spirit" was being used to market and sell the islands. A double message was presented and so Ha\\aiians reacted \\ith both shame and pride. While there ha\e always been those who have kept Hawaiian culture ali\e and have continued traditional practices. I \\ould say the turning point in Hawaiian eultural identit\ eame ten to fifteen vears ago. \ational and international forces mo\ements converged and resulted in an almost \vorldwide change in attitude whieh recognized the "\alidity" of traditional cultures. Those forces also affected Hawaii. and because there had been those people keeping traditional practices ali\e. there were resources to whieh Hawaiians could turn. The past decade. then. has been one of redisco\ering our culture and to some extent. recreating it. This process of searching and reconstructing has been a massi\ e undertaking and has affected contemporary Hawaiian society at e\erv level. Every day brings new disco\eries and new changes in perception about the aneieni culture. For instance. only now are we beginning to fully understand and appreciate the complexity of the ancient land tenure svstem. For decades, that system was termed "feudal" and thought to have placed an onerous burden on the maka'ainana (or eommon people). Yet recent work has changed that perception so that now we ean appreciate the cooperation and harmony evidenced by that system. Perhaps the most concrete advancements have been made in the Hawaiian performing arts - hula and chant. In both these areas. it seems to me that we've gone beyond the point of merely rediscovering the works of our ancestors — we've taken it beyond that to creating a living Hawaiian culture. Thus, while recognizingthesowrccand essential strength of that source. Hawaiians participate in a \ital and living culture. Our dances awaken admiration and pride in those who observe them; our chants tell not only of our past but also of our present; our ancestors' way of life is now aeknowledged as one of the most humane and environmentally sound and Hawaiians seek ways to preserve the strengths in that way of life while living in the modern world. The real challenge for Hawaiians in the area of culture lies in continuing to rediscover the practices and values of the old Hawaiians, and determining how those practices and \ alues mesh in the modern world. In other words, we must keep alive the spirit w hieh infused those ancient customs and values even though we do not know and cannot practice them exactly as our ancestors did. As 1 stated earlier. cultural identity is the basis for poliīieal identity and unity. The conventional "wisdom" has held that Hawaiians so totally distrust the political process that they have failed to become involved. This was true and Hawaiians had good cause to distrust that system. lt was totally foreign to their culture and when Hawaiians did participate they found their voices counted for little. The period from 1894 to 1898 presents a good example. Hawaiians sent petitions and letters, organized b\ the thousands to protest annexation to the United States. Yet neither the loeal government in Hawaii, nor the U nited States Congress seemed to care that the native population opposed annexation. Given such a history, Hawaiians obviously have had little faith in political processes. Yet, one thing the establishment of OH A has proven is that Hawaiians will and do participate in the political process when they are directly affected and they feel that their participation will count. For instance, in the last

OHA election. over 42.000 Hawaiians voted for the trustee positions. OHA has acted as a unifying political force for Hawaiians — and what is most important is that at every stage of OHA's development Hawaiians ha\e made the important decisions about issues that affect Hawaiians. Hawaiians spearheaded the creation of OH A. Hawaiians fought for legislation implementing OHA. Hawaiians have laid the foundation in OHA's first two years of existence. OHA, under the leadership of Hawaiians. has also begun to address some of the deeper political issues facing the Hawaiian community. The primary source of OH A's ineome is the trust created in section 5(0 of Hawaii's Admission Act. Basically. twent\ percent of the ineome and proceeds from Hawaii's ceded lands go to OH A to be used for the benefit of \ative Ha\\aiians. those of fifty percent or more Hawaiian ancestry. Yet. OHA is constitutionally mandated to work for the benefit of all Hawaiians. including those of less than fifty percent aboriginal blood. OH A. then. more than any other body. must deal with the issue of defining who is a "Hawaiian." Most programs established by OH A are funded from the 5(0 trust and so those programs ean only serve those of

fifty percent or more Hawaiian blood. But, what of OHA's obligations to those of less than fifty percent Hawaiian blood? This is a very thorny question, touching not only political issues, but emotional and cultural perceptions as well. The definition of a Native Hawaiian as one of fifty pcrcent or more aboriginal blood has its genesis in the Hawaiian Homes Commission Act. a federal act passed in 1921 . Yet the basis for that definition had little to do with the rational determination that those with "more" Hawaiian blood were in greater need. Instead, that definition arose because of the sugar industry's fear that more eane land would be lost to the homesteading program if more Hawaiians were qualified for the program. My point is' that Hawaiians are now at a plaee in history where they themselves must examine the source of this definition and determine its validity. Obviously, in doing so, Hawaiians may decide that indeed those with a greater quantum of Hawaiian blood are deserving of special protection or greater benefits. However, Hawaiians must learn to trust eaeh other and their own judgment in making these decisions. Without that trust, self-determination will continue to be a dream, not a reality.

The definitional problem brings us to a third area of eoneem eeonomie resources. One reason the definition of a Native Hawaiian is so important is that resources are allocated on the basis of that definition. One is entitled or not entitled to certain benefits because Native Hawaiian. The result is that Hawaiians compete amongst themselves for resources instead of acting as a unified force in the eeonomie arena. The next step whieh Hawaiians must take is in building an "eeonomie identity." By this, 1 mean that Hawaiians must identify the resources available to them as a group and assert their right to determine how those resources will be used. A beginning point would be to turn around the paternalistic notion that Hawaiians are not eapahle of handling the management and financial aspects of large organizations. corporations. or government programs. Alu Like has a proven track record of fiscal responsibility, OHA also has the opportunity to demonstrate that Hawaiians ean control their own resources. In a broad sense. Hawaiians do have tremendous resources available to them — Iand (about 200,000 acres of Hawaiian Homes Land), funds (ceded lands ineome, Alu Like's federal funds, HHL leases), trusts established specifically for the benefit of Hawaiians (Bishop Estate, Liliuokalani Trust). Given the different purposes and objectives attached to eaeh of these resources, the problem is how to coordinate them to solve the eeonomie problems of Hawaiians. On an individual level, the eeonomie reality for Hawaiians is a failure to achieve parity with other races. Obviously, in today's economy, Hawaiians have heen impacted most negatively. Thus, we find the unemployment rate for Hawaiians almost twice that of the general population. I don't believe this picture will change until the "eeonomie identity" I've mentioned above ean be established. Further, this eeonomie identity must go hand in hand with political and cultural unity and identity. In one sense. we must make our cultural practices politically and economically feasible. For instance, onee the cultural perception of farming is changed so that Hawaiians and non-Hawaiians respect the values whieh farming represents, then farming may become an eeonomically desirable goal. Further, onee farming becomes economically desirable, political forces will act to promote and protect it. Similarly, if hula as a discipline and art is accepted and admired, then the dominant eulture will pay to see and enjoy it. The key here is that rather than having others define whieh cultural practices and values will provide an eeonomie base, Hawaiiam themselves should beinaposition to make those determinations. Rather than exploiting those practices and values, Hawaiiam will authenticate and enhanee them. In your deliberations over the next few days, 1 know that eaeh of you will contribute from the experience and knowledge you have gained in your own work with indigenous people. I urge you to share as mueh as you ean with the other conferees so that eaeh person leaves enriched and with a broader view of the problems and potential solutions to the problems whieh affect all native people. I encourage this body to establish, as 1 understand you are contemplating, a clearinghouse for the continuous exchange of information, expertise, and resources. That \vould be a most fitting result of this meeting. 1 thank you for your kind attention and extend my best wishes to you for a successful and constructive conference.