Ka Wai Ola - Office of Hawaiian Affairs, Volume 11, Number 12, 1 Kekemapa 1994 — Questions and answers on sovereignty [ARTICLE+ILLUSTRATION]

Questions and answers on sovereignty

During the one-hour Sovereignty Town Meeting, more than 100 people called with questions about sovereignty. The following questions represent a summary of those received by the panel on October 14. Some have been edited or simplified for space and clarity. Look for more questions and answers on sovereignty in future issues of Ka Wai Ola OOHA. Question: What is sovereignty? Is Hawaiian sovereignty different? Answer: Sovereignty is the right of a people to unite for the purpose of forming a govemment. Typically joined by a shared history, language, culture and values, such a government is empowered by its people to act on their behalf and to make decisions whieh affect community life.

Like our neighbors, native Hawaiians now express our sovereignty as citizens of the United States, of the state of Hawai i, and of the county in whieh we live. However, as the indigenous or native people of Hawai'i, we have the inherent right to exercise a unique level of self-determination and to form another govemment. This inherent native right to exist and to decide those issues related to our future is recognized by both international and American law. Question: Why are native Hawaiians and other indigenous peoples treated in a special way? Answer: For thousands of years, native peoples exercised absolute sovereignty over their lands and lives. Like native Hawaiians, the "first peoples" of the world developed civilizations and govemments based on distinct rights, \alues and beliefs. Westem contact and eon4uest have now made many native peoples citizens in nations not of their choosing, subject to laws and governments often hosttle to their beliefs and customs. American law. for example. has aeknowledged this dilemma of historical and cultural difference and oppression by recognizing that Native Americans have inextinguishable rights of sovereignty whieh pre-date the U.S. and a special political status in law. This status allows the native peoples of the U.S. to establish govemments necessary to preserve, protect and practice unique rights, cultures, resource alloeahon and values.

Question: Whieh native Hawaiians have this right? Is it only those of 50 percent or ntore native blood? Answer: All Hawaiians, regardless of blood quantum, have the inherent right of sovereignty. Deftning membership or citizenship is a basic power of a native govemment. Thus, sovereignty allows Hawaiians to decide who is a Hawaiian. Question: I understand that there are different forms, or models, of sovereignty we may choose from. Whieh one is best? Why doesn't OHA give us its recommendation? Answer: You are correct — there are basically three different models, an "international" model, a "nation" model and a "state" model, as described elsewhere on these pages. Eaeh has its advantages and disadvantages. The task for us Hawaiians is to weigh the advantages of eaeh, and decide whieh we prefer. The process for doing this is the responsibility of the Hawaiian Sovereignty Elections Council. OHA's Board of Tmstees has formally taken the position that the ehoiee of model must be the decision of the Hawaiian people. OHA's role is to provide the information and the opportunity for Hawaiian self-determination, not to make the ehoiee. Question: How will the ehoiee of a specific

model affect my U.S. citizenship? Answer: As you will note from the chart, citizenship will vary depending on the form of sovereignty we choose. Question: What happens to my social security benefits? Answer: Social Security retirement benefits would not be affected by citizenship in any of the sovereignty models. Many people who have paid into the Social Security system today are receiving retirement benefits, even though they are not U.S. citizens and not living in the U.S. It is possible that some of the special benefits of Social Security, such as payments to orphan

or half-orphan children under 1 8 years of age, could be affected by citizenship in an "intemalional" model, but there would be no change in benefits under the other two models. Question: What about state or federal retirement or veterans' benefits? Answer: These benefits would not be affected by citizenship in any of the sovereignty models. Question: Will I still pav federal and state taxes, and pay Hawaiian taxes, too?

Answer: Native Hawaiian citizens of the "state" model would continue to pay Hawai'i and U.S. taxes. Nation within a nation incomes would not be subject to state taxes, but U.S. taxes would continue. The ehoiee of native nation taxes would be determined later. However, if we are successful in recovering the land and land-payment assets that belong to us as Hawaiians, such taxes would not be needed. These assets would be managed for the benefit of all Hawaiians. ineome eamed within federal, state and county jurisdictions probably would continue to be taxed as it is now. Under the "intemational" model, state and federal taxes would be eliminated on ineome earned within the Hawaiian nation. Question: Will my children be eligible for special programs from state and federal governments, such as job training and medical help? What about eligibility for state and federal welfare benefits, if needed? Answer: Availability of these benefits would not change with creation of either a "nation" or "state" sovereign entity. Under the "intemational" model, these programs and benefits would be the responsibility of the new govemment. Question: Will my children be eligible for full U.S. citizenship? Where will they go to

school — ean I still send them to Hawai'i public schools and the University of Hawai'i? Answer: Under the "state" and "nation" models, all Hawaiians would continue to have full U.S. citizenship while also being citizens of the new sovereign entity. Children could continue to attend the schools of their ehoiee, including Hawaii public schools and the University of Hawaii. Under the "intemational" model, Hawaiians would become citizens of the restored Hawaiian nation, and would give up their U.S. citizenship. The new Hawaiian nation would be responsible for the education of Hawaiian children.

Question: Why is state and federal recognition of sovereignty so important? How ean we get recognition? Answer: State and federal recognition is neeessary in order to obtain the resources necessary to support the new sovereign entity. The state still holds the bulk of the land that belonged to the Hawaiian people, and the federal govemment owes Hawaiians a substantial sum for the harm of the overthrow and breaches of its trust obligations. These claims are not likely to be sehled with an unrecognized sovereign entity. Nor are agreements made by such an entity likely to be recognized and honored.

There is no single way to bring about recognilion, but several factors undoubtedly are required: (1) universality — the sovereign entity must represent all Hawaiians in order to be accepted as a true representative of the people; (2) democratic — the sovereign entity must be created through a democratic process open to all Hawaiians; (3) participatory — membership in the sovereign entity must be equally open to all Hawaiians; (4) responsive — the sovereign entity must have as its primary mission fulfillment of the welfare of its membership; (5) process — the sovereign entity probably will have to go through established political channels to obtain recognition in order for that recognition to be accepted by other sovereign nations and govemments. Question: How will assets that have been paid to OHA — and those that are still to eome — be used or distributed under a sovereign entity? Answer: It is likely that onee a sovereign govemment has been established, the functions and assets of OHA and DHHL could be incorporated into the new entity. These are decisions that the Hawaiian people will have to make. They ean be made at the convention called to create the official document of govemment, or later in govemment deliberations.

Question: What about the rights of nonHawaiians now living in Hawai'i? What happens to their land, their families, their jobs? Answer: Non-Hawaiians living in Hawai'i would continue to live here, and their land, jobs and welfare would continue to be govemed by the present state and county administrations. In all likelihood, these individuals would provide markets for goods and services created by Hawaiians. Indeed, commerce between - Hawaiians and non-Hawaiians likely would be significantly enhanced due to the strengthening of Hawaiian resources, education and training. Cultural, educational and social interchange would continue, and probably be enhanced. The net result undoubtedly will be a better standard of living for everyone, Hawaiians and non-Hawaiians, just as it has been for other Native American groups and their neighbors. Question: How wili sovereignty help bring Hawaiians together? It seems like this process is dividing us. Answer: The process of creating a sovereign entity is, and must be, a democratic process. Democracy is not always elean and tidy. Although there is a spirited debate regarding the ehoiee of models and specific powers of a retored Hawaiian government, there is broad consensus on the right of the native people to decide. Our undisputed unity is the shared eulture and the identity of being Hawaiian. Question: Why is it necessary to have a plebiscite about starting the process — isn't there already a strong enough indication that Hawaiians want sovereignty?

Answer: A plebiscite will clearly and formally establish the wishes of the Hawaiian people. We agree that this plebiscite will ratify your assumption about Hawaiians' wishes, but in order to achieve the all-important full recognition of the final product, it is necessary to go through the full process, beginning with the plebiscite. Question: If sovereignty comes, what happens to OHA and DHHL? Ka Lāhui? Other Hawaiian organizations? Answer: As noted above, the fate of these organizations will depend primarily on the wishes of the Hawaiian people. For example, the functions of OHA and DHHL could be taken over by the new govemment. Question: How mueh is this process (plebiscite, election, convention, etc) going to cost and who pays for it?

Answer: The plebiscite, election of convention delegates, convention deliberations, and ratification vote undoubtedly will cost $5 million, or more. A significant portion of this requirement already has been supplied by the state Legislature. OHA also has committed matching funds to the process. As the process continues, these two sources undoubtedly will continue to provide most of the funding. Question: How ean I help the sovereignty process? Answer: All Hawaiians ean help achieve recognized sovereignty by learning as mueh as they ean about the process, the choices and the requirements, and by participating in all of the elections and ratification votes. You also ean help by encouraging your family members to participate. Ask questions that are on your Prepared by OHA's Land and Natural Resources Division.