Ka Wai Ola - Office of Hawaiian Affairs, Volume 10, Number 12, 1 December 1993 — Chair of South Pacific commission speaks to Hawaiian self-determination [ARTICLE+ILLUSTRATION]

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Chair of South Pacific commission speaks to Hawaiian self-determination

t Pacific networking and Palau's road to independence

by Ellen BIomquist Hawaiians interested in selfdetermination "ought to strengthen their ties and communications with similar groups in the South Pacific." That's the advice of Victorio Uherbelau, Assistant for Legal and International affairs and formerly Director of Foreign Affairs for the government of Palau and current chair of the South Pacific Conference of the South Pacific Commission. Uherbelau stopped at Honolulu on his return from the conferenee, held October 25 to 27 in Noumea, New Caledonia. OHA Chairman Clayton Hee attended as OHA's representative. Hee says that "OHA's partici-

pation since 1990 has been beneficial because this organization comprises small independent Pacific nations, who by virtue of the members' voting process, have equal voting power to the larger nations like the United States, France, United Kingdom and Australia." He added that "It gives us insight into the kinds of decision making the Hawaiian nation would seek to enjoy as a member of this Commission." In a visit to OHA, Uherbelau shared his thoughts on Palau and other Pacific nations' route to independence and how Palau has handled such issues as self-deter-mination, governance and land

management. He noted the importance of OHA's involvement in the South Pacific Conference, even though its participation is restricted to that of observer since it is still considered part of the United States. "Although Hawai'i lost an advantage by losing any kind of status as a distinct political entity," he said, "the discussions at the conference, and the ehanee to network with groups in eountries like New Caledonia, Timor and West Papua-who are struggling for independence-can only help its efforts at the national and international level." Many in the Hawaiian sovereignty movement use Native American groups as a political

model since it is one that the U.S. government already supports, but the cultural, social, eeonomie, even linguistic, affiliations are quite naturally closer to other Pacific islanders. Chairman Hee noted that "We find that the more we meet and discuss concerns and problems, the more we learn how mueh we are alike as Pacific islanders who at one time in our history have been colonized by larger nations. The impact on heakh, education and eeonomie development has not been positive for the indigenous people." Uherbelau strongly endorses membership in various Pacific island coalitions. The South Pacific Commission, whieh sponsors the South Pacific Conference, was begun in 1947 by what he called "metropolitan

countries," the United States, United Kingdom, France, Australia and New Zealand in an effort to look after the social, educational, heakh interests and well being of Pacific island countries. As eaeh country

gained its independence, it was admitted as a member, for example, Fiji, Papua North Guinea, and Western Samoa. "In 1983," he said, "the conference itself adopted a resolution to extend equal membership to 27 members of the Commission regard-

less of status." This meant that U.S. trust territories, like Palau or Guam, had a vote equal to that of the U.S. representative, though the conference conducts business primarily through eonsensus. "Consensus is the Pacific Way," says Uherbelau. Palau also belongs to the South Pacific Forum, an organization of 15 Pacific island nations that spun off from the Commission. According to Uherbelau, the eonference, and South Pacific Commission, discouraged discussion of political issues, arguing that their agenda was only focused on social. eeonomie and health areas. The Forum was established as a kind of Pacific political think tank, comprising the heads of state of the independent Pacific countries; the requirement for membership is independence and

a geographic location in the Pacific so the United States, United Kingdom and France are excluded from membership. Eaeh nation sits at the United Nations and by resolving politieal issues in the Forum, ean act

as a voting bloc, for example, to restore New Caledonia to the list of self-governing territories and to lobby for a nuclear free Pacific treaty. Palau is not yet a member, but Uherbelau anticipates that Palau will apply for mem-

bership onee it gains independent status. Although Palau has had a constitution since 1980, it is the only U.S. trust territory yet to achieve independence. First colonized by Spain, Palau was transferred to

Germany, given to Japan after World War I, and then given to the U.S. after World II as part of the United Nations trusteeship system. Other nations whieh formerly comprised the trust territory of the Pacific were the Northern Marianas, the Republic of the Marshalls, and the Federated States of Micronesia. In the 1966 Congress of Micronesia, a political status commission was convened to negotiate the political relationships of these nations with the United States. The Northern Marianas requested and received permission to negotiate separately and became a eommonweakh of the United States, whieh implies permanent annexation. The other territories, including Palau, held plebiscites in 1983 on developing a compact of free association with the United

States. The Federated States of Micronesia and the Republic of the Marshalls approved the associations, whieh took effect in 1986. In Palau's case, their constitucontinued on page 8

Victorio Uherbelau

Palau from puge 7

tion has a nuclear provision. meaning that any agreement whieh allows entry of nuclear weapons or biological warfare or materials into Palau territory must be ratified by 75 percent of the voters. Uherbelau said Palau has had seven plebiscites in 10 years, with results never below 60 percent and twice at 73 percent. Given the laek of progress, a referendum was held last year to amend the constitution to let ratification of such agreements be by simple majority. Uherbelau guesses that the plebiscite will be for the compact of free association. A compact of free association is more a contractual arrangement between two countries than a reflection of poliīieal status. Palau will be considered fully independent and entitled to a seat at the United Nation. The eompact basically establishes the parameters of financial assistance from the United States, negotiated for eaeh year for 15 years. It entitles the participating country to United States defense capabilities, with the proviso that the country will not allow other countries access without first consulting with the United States on potential infringement of national security. Palau has already established the form of governance. It is a constitutional democracy, with a president, house of delegates, senate, and judicial branch. It also maintains an advisory eouneil of hereditary chiefs, reflecting the traditional island system. Palau citizenship requires that at least one parent be of Palauan ancestry, but there is no blood quantum requirement. "I was at the constitutional convention when we debated this," Uherbelau said. "It was very difficult to decide what percentage so we decided as long as a person ean prove to the court that they are of Palauan ancestry, if the court is satisfied that they

have that lineage, they ean become a citizen. Our President Nakamura, for example, is half Japanese, and half Palauan." Only Palau citizens ean own land. Although land ean be leased up to 50 years, they eannot sell to anyone who is not a citizen. including relatives by marriage. Palau recognizes feesimple title, but land is primarily owned by clans. A child born on Palau to a Paluan citizen ean have a dual citizenship until they are 21 but will lose their citizen-ship-and any land they hold title to— if they do not file with the Palau government their intent to be a Palau citizen. If they do not file, and later decide to be a citizen, the government allows them to be naturalized and returns the land to them from the elan or next of kin to whieh it reverted. In terms of eeonomie development, Uherbelau said Palau has hired an Australian firm to develop a Palau National Master Development Plan that provides direction on how to expend U.S. financial assistance over the next 15 years. "We've had plans and studies before," he said, "but this one is to cost out action plans and give us strategies for implementation." Palau is interested in developing a stronger private sector, but like many nations, concerned about the potential impact of development. "We've been able to manage and control the paee of development pretty well, but we don't want to overdevelop overnight and have to tackle the environmental damage." As an example, he cites concerns over the Palau government's provision of access to foreign long liners. As a Pacific nation, Palau has access, however, to the Forum Fisheries Agency, another eoalition of Pacific nations that includes countries like Palau whieh have not yet reached independence. The Forum Fisheries Agency provides technical assis-

tance and consultation on fisheries, legal matters and negotiations over fishing rights. "We have benefited substantially from our membership in all these organizations," Uherbelau said, "and believe Hawaiians could do the same if they achieve some form of self-determina-tion."

"I sympathize with the indigenous people of Hawai'i," he said. "In 1989, 1 attended a conference on U.S. insular areas and I remember feeling so bad because Palau had a designated seat, and we are so small, and Hawaiian and Alaskan natives had no plaee but standing at the microphone. I hope they have an opportunity

to negotiate a relationship with their federal and state governments. For Alaska and Hawai'i to get statehood might have been good for the state, but not so mueh for the indigenous Alaskan and Hawaiian people." "My hope is they not give up."