Ka Wai Ola - Office of Hawaiian Affairs, Volume 5, Number 10, 1 ʻOkakopa 1988 — Vote of Self-Determination To Answer Question of "Who ls A Native Hawaiian?" [ARTICLE]

Vote of Self-Determination To Answer Question of "Who ls A Native Hawaiian?"

OHA To Conduct Referendum

In an extraordinary assertion of self-determina-tion for the Hawaiian people, the Office of Hawaiian Affairs Board of Trustees has authorized a direct mail referendum on the question of a single beneficiary class definition for the Office of Hawaiian Affairs. OHA registered voters will be able to vote "YES" or "NO" on the question: "Should every Native Hawaiian have the right to enjoy the benefits of the assets of the Office of Hawaiian Affairs, as provided by policies adopted by the Board of Trustees?"

The term "Native Hawaiian" means all descendants of the indigenous people inhabiting the Hawaiian Islands previous to 1778." Sequoia Pacific Systems Corporation, a national elections company whieh has printed State of Hawai'i ballots for many years, has been awarded a $32,800 contract to print, mail, and tabulate the OHA referendum. An additional $33,000 was approved by the Board to cover the costs of postage and labelling the ballots to 75,000 OHA registered voters. The eleehon is being paid for by special allocation of general funds and is not employing ceded lands trust funds.

Frustrated by recent State Attorney General rulings that the OHA plebiscite could not be eonducted simultaneously with the regular Hawai'i General Election, the Board acted to hold the firstever OHA referendum. Although the outcome of this election will not directly effect any change in existing laws regarding the definition of Native Hawaiian — it's indirect impact could be enormous. Based on the referendum outcome, the majority will of the Hawaiian people about "Who is a Native Hawaiian?" ean be expressed for the first time in the century.

All UHA registered voters will receive the referendum package two weeks before the General Election. Like the familiar State ballot, a "yes" or "no" vote will be registered by "punching out the puka" next to the voter's ehoiee. Onee complete, the ballot should be placed into an accompanying pre-addressed return envelope. To encourage a high voter turnout and ballot return, the Board approved what is called a "business reply envelope" — postage will be pre-paid — and no stamp is required. Just seal the envelope and drop it in the mail. The deadline for returning the ballot is a post-

mark of no later than midnight, November 8, General Election Day. Tabulation of results will begin on November 10th — allowing two days for the delivery of all ballots. The question of who should be entitled to benefits from OHA is a difficult, and even controversial issue. When OHA was established by State Constitutional amendments in 1978, an entire new chapter of law was passed by the State Legislature to implement the new Office. Among the first actions executed in Chapter 10 was the naming of two classes of Hawaiian beneficiaries:

• Those Hawaiians who are 50 percent or more native blood; and • All Hawaiians, regardless of the degree of native blood. Only those who are 50 percent or more Hawaiian ean now enjoy OHA benefits funded from certain lands within the ceded lands trust. Monies to serve "other" Hawaiians must eome from the State Legislature. The restrictions on trust fund exp>enditures have created confusion, division, and a fragmentsee Referendum, page 2

ing of OHA efforts to address the needs of the Hawaiian people.

Continued from page 1

Referendum On Self-Determination

However, to assure that the referendum question ean be answered without adversely affecting the existing benefits for Hawaiians of 50 percent or more native blood, the OHA Board has also adopted "preference policies" to guide OHA in every effort to achieve a single beneficiary class definition for purposes of managing or distributing OHA assets:

1. Proper guarantees to protect the rights and privileges of those now holding or awaiting a Hawaiian Homes award shall be assured; 2. Preference, necessitated by the availability of resources and demonstrated need, shall be extended to those Native Hawaiians of 50 percent or more native blood; and 3. Preference shall be extended to Native Hawaiians who reside in the State of Hawai'i. Today, over 60 percent of the total Hawaiian population is less than one-half native blood. In 15 years, more than 70 percent of our population will be excluded from OHA trust benefits. And within another generation, fewer than 20 percent will qualify as one-half or more Hawaiian. In the past, Hawaiians have been denied the basic American right of self-determination. In fact,

when Congress was considering the "blood quantum" definition in 1920, all Hawaiians testifying before Congress spoke against the 50 percent requirement. Unlike any other Native American group, Hawaiians have never been given the opportunity to decide "Who is a Native Hawaiian?" The United States Supreme Court has consistently upheld the right of native peoples to decide tribal definitions of membership. As a result, there

is no nahonal standard of blood requirement for native definitions — some tribes insist that the Indian blood be verified through the family of a mother, others that members have one-half, onequarter or one-eighth the blood of the tribe. Whatever the definition — the requirements for membership have been decided by the affected group. The Board of Trustees for the Office of Hawaiian Affairs (OHA) believes that the Hawaiian people should — for the first time in this century — be provided with that same opportunity. That's why the Board of Trustees has authorized a referendum with this November's eleehon. By answering "YES" or "NO" to the question of a single Native Hawaiian beneficiary class definition, Hawaiians will truly begin to exercise the right of self-determination.