Ka Wai Ola - Office of Hawaiian Affairs, Volume 16, Number 8, 1 ʻAukake 1999 — U.S. weighs in for Hawaiians in Rice vs. Cayetano [ARTICLE]

U.S. weighs in for Hawaiians in Rice vs. Cayetano

By Ryan M. Mielke ■ | AWAIIAN RIGHTS and pursuit of self-determi- | rtation received a major vote of support July 28 as I the United States positioned itself shoulder to 1 shoulder with the State of Hawai'i in R iee vs. I Cayetano. In 1996, Harold "Freddy" Rice attempted to vote in an election for trustees for the Office of Hawaiian Aftairs. Being of non-Hawaiian ancestry, he was turned away. He later sued the State of Hawai'i on grounds that his rights under the 14th and 15th Amendments were being violated (alleging racial discrimination associated with voting rights). He lost his case in district court and lost on appeal to the U.S. 9th Circuit Court of Appeals. His remaining appeal is to the U.S. Supreme Court, whieh has scheduled oral arguments for the case Oct. 6. U.S. Solicitor General Seth Waxman, representing the United States of America, delivered to the U.S. Supreme Court what amounts to a major defense of the

legitimacy of OHA's elections. Waxman's brief brought additional formal acknowledgement from the federal government that the U.S. has a trust responsibility to Hawaiians. "Giving indigenous Hawaiians the right to choose the officials who will operate the tnist for their betterment similarly fits within the Admission Act's wide grant of authoritry. Such an election scheme 'betters the conditions of native Hawaiians in two distinct, but eomplementary ways: it both promotes self-determination by indigenous Hawaiians and helps to ensure that OHA will administer the trust in a way that is responsive to their interests. Those are precisely the reasons the State had for granting to indigenous Hawaiians the right to elect OHA officials," Waxman's brief stated. Additionally, "The United States has concluded that it has a trust obligation to indigenous Hawaiians because it bears a responsibility for the destruction of their government and the unconsented and uncompensated taking of their lands."

OHA's leadership was quick to note the gravity of the brief to the U.S. Supreme Court from the U.S. Office of the Solicitor General. "The weight of this brief in support of our rights is tremendous," said OHA Board Chair Rowena Akana. "It demonstrates that the UnitSee RICE VS. CAYETANO on page 9

4 6The United States has concluded that it has a trust obligation to indigenous Hawaiians because it bears a responsibility for the destruction of their government and the unconsented and uncompensated taking of their lands. — U.S. Solicitor General Seth Waxman ^ ^ tothe U.S. Supreme Court ' '

FRONTPAGENEWS: U P D A T E S

RICE VS. CAYETANO RICE VS. CAYETANO from page 1

ed States of America, like the state of Hawai'i, recognizes the speeial status of Native Hawaiians as native peoples. The top legal minds in the United States government are weighing in on the side of Hawaiians. The message is clear that we are not alone and that Mr. Rice's arguments are not in step with the cornerstones of what is right and historically just for indigenous people." OHA filed its own brief to the U.S. Supreme Court the same day as Waxman's. (Read Chair Akana's comments on OHA's brief at www.OHA.org/messages ,html) The following organizations, Ka Lahui, the Association of Hawaiian Civic Clubs, the Council of Hawaiian Organizations, the Native Hawaiian Bar Association, the Native Hawaiian Legal Corporation, the Native Hawaiian Advisory Council, Ha Hawaii, Native Hawaiian Convention, Hui Kalai'aina, Alu Like, ine., Papa Ola Lokahi and others have joined OHA on its amicus brief "to remind Mr. Rice that the entire Hawaiian community will not tolerate affronts to our rights and our destiny as a people," said Akana. In addition, the following have filed separate briefs to support Hawaiians-only OHA elections: the Hawai'i Congressional Delegation, the Department of Hawaiian Home Lands & Statewide Council of Hawaiian Homestead Associations, Kamehameha Schools/Bishop Estate, the Alaskan Native Federation, and the National Congress of American Indians. The following states have also filed briefs with the U.S. Supreme Court in support of OHA's and the state's position: California, Alahama, Nevada, Oklahoma, New Mexico, Oregon, as well as the Northern Mariana Islands and Guam. ■