Ka Wai Ola - Office of Hawaiian Affairs, Volume 12, Number 8, 1 ʻAukake 1995 — Native American forums bring together indigenous peoples [ARTICLE+ILLUSTRATION]

Native American forums bring together indigenous peoples

by Deborah L. Ward Native Hawaiians and Native Americans share similar histories

of loss of land and resources, political sovereignty, language and culture. Now they are eoming together to defend and

strengthen indigenous national sovereignty even as it is being challenged in the courts and eroded by Congress .

As part of this effort, OHA vicechairman Abraham Aiona, Trustee Kīna'u Kamali'i (chair of OHA's Land and Sovereignty Committee) and land officer Linda Kawaiono Delaney participated in two recent Native American forums that provided a new and significant opportunity for exchange of information and mutual support between Hawaiian and other native peoples.

Pacific Northwest Treaty eonference In late May, the OHA trustees attended the Pacific Northwest Treaty conference at Qrcas Island, Washington State. The treaty, signed by Native American nations and Indian tribes known as the "First Nations" of Canada, affirms their mutual recognition of sovereignty and solidarity in support of indigenous land and natural resource title, rights and responsibilities. The treaty formally brings together indigenous governments in a cooperative effort to protect their environment, economics and sovereignty. The member nations pledge to establish an inter-tribal eommunications network to exchange financial, legal, political and technical knowledge. The invitation to OHA to attend the conference arose out of planning by Northwest coast Native

Americans and native Hawaiians for ceremonies to weleome the Hōkūle'a and Hawai'iloa voyaging canoes during their West Coast visits in June and July. The canoes and their crews were invited to visit tribal villages for hospitality and cultural exchange. Both peoples eame to realize they shared similar cultural values, histories and goals as native peoples. Colin Kippen, a native Hawaiian who serves as a tribal judge of the Squamish nation and member of the Pacific Northwest Treaty steering committee, explained why Hawaiians want to be part of the treaty, "We seek to treaty with our brothers and sisters of the other First Nations because of our eommon interests in protecting our sovereign rights, our natural resources, and our traditional ways, our belief that if we do not now eome together in unity there continued on page 13

OHA trustees Aiona and Kamali'i sign Pacific Northwest Treaty.

Native American forums address indigenous issues

from page 1 will be precious litlle left to pass on to our great-grandfathers and great-grandmothers yet unborn." OHA land officer Linda Delaney said that the invitation to native Hawaiians to sign the treaty for mutual support opens new doors of sharing at all levels between native Hawaiians and Native Americans. "Congressionally we faced opposition from Native American groups who then, and even now, see us as a very large group threatening their source of federal funding. ... We want to gain their understanding and friendship and support for Hawaiian sovereignty.

... We're looking for that network to support eaeh other with sharing information and support for a position. ... This could be of large benefit to native Hawaiians, especially as we are looking for eventual recognition of a sovereign entity that the native Hawaiian people forge." The Pacific Northwest Treaty represents what its native signatories see as a sacred commitment "to re-establish political, socia) and eeonomie relations, and coop(erative control of natural resources essential to the cultural, . spiritual and religious rights" of their peoples. It was first signed by dozens of Tribes and Fnst Nations at ceremonies conductcd b> the Squamish Nalion on Sept. 30, 1994. Australian Aborigines, native Hawaiians and other indigenous peoples from other states and nations have also been invited to sign the treaty in support. Consistent with the OHA Board

of Trustees' position to embrace Hawaiian sovereignty and selfdetermination at all levels, OHA Trustees Aiona and Kamali'i signed the treaty on behalf of Office of Hawaiian Affairs. Trustee Aiona said this commitment means that if Indian signatories ask for help, OHA would try to help them. They were also| invited to a followup conference Sept. 28-30 on treaty amendments, whieh may include changing the treaty name and scope tOacknowledge the inclusion of other indigenous peopteC,.~-v In addition to discussion of treaty prineiples and objectis'cs, and convenanls for mutual support, thc approximately 250 native leaders prescnt discussed fishefies raanagement issucs, and heard panels and speakcrs on Indian rights and federal rcsourcc īaw . V--*' —

Nation in Washington State has drilling freshwater wells oh their reservation. said Del 1%. "^e shansd our Waiāhole 5itch imgation case." The Makah nation on Washington's 01ympic peninsula is seeking to bring back their whaling rights under treaty, whieh is provoking controversy. She said, "I see us sharing a lot of issues. Our (legal) precedents will affect eaeh other." Sovereignty Summit, Washington, D.C. Trustees Aiona and Kamali'i were also invited to participate in a Native American Constitutional Summit coordinated and hosted in ■■■ 1

late June by the Lummi Indian Nation, in Washington, D.C. It was a special working summit of legal and constitutional scholars and lawyers dedicated to work in "Indian Country." Tribal and native leaders were invited to attend. The summit examincd the historical and legal basis behind the nation-to-nation relationship betwcen recognized sovereign lndian nations and the U.S. government,flas Well as the erosion of native sovereignty both under the U.S. Constitution and via measures transferring greater powers to states in recent tmtcs. OHA land officer L»nda Delaney said thc participanis inelmleel naiional1 y , f ee'O g n i zedis a uthorities on native sovereignty and culture.

' The first panel discussed the original intent and structure of indian tribal sovercignty as recognizcd in the U.S. Constitution of 1787, and the cvidence and implications of changes to the original SOvereign status as modified by the Co|ut^andCongress. fl L The^econd panel discussed U S. Constitutional theory attd the question "Does the U S. Constitution recognize a halanee in nation-to-nation relationships between Indian nations, the fedcral government, and the states?" A third panel discussed Articles I-VI of the Constitution in the context of Indian law to address the question "How and to what extent have the Canons of Construction of the Constitution and the treaties been set aside for political expediency?" On the second day, panels dis-

cussed state constitutions and Indian rights and resources and the original intent behind tribalstate relations in the U.S. Constitution; how tribes should use Congressional process to advance their Indian religious rights; and elements of a federal policy on tribal sovereignty. OHA's representatives took an active role at the summit and were invited to present a panel discussion on Hawaiian sovereignty, whieh covered laws and relationships between native Hawaiians and the State of Hawai'i, counties and federal government.

Trustee Kamali'i said, "It is good to inform intemational bodies about the status of native Hawaiians, but to reclaim our own sovereignty we have to write new laws." She noted that the summit brought out that polkieally these are critical times for Native Americans and native Hawaiians, due in part to the change in the Congress. "Terniination (of federal native nation status) could be a possibiliM" She said current federal legislalion proposing reorganization of the Bureau of Indian Affairs and giving more direct funding to trtbes could lead to eventual termination of the program and benefits to Native Americans. Kamali'i added, "The Hawaiian people need to become more politically involved in electing leaders who support the rights of native Hawaiians."

Proceedings of the Native American Constitutional Summit will be made available in transcripts and videotape and on the Internet. For information on the Native American Constitutional Summit write or eall the Lummi Indian Business Council, 2616 Kwia Rd., Bellingham, Washington 98226-9298. Phone (206) 7348180.