Ka Wai Ola - Office of Hawaiian Affairs, Volume 25, Number 2, 1 Pepeluali 2008 — Un-civil rights movement [ARTICLE]

Un-civil rights movement

Regarding the U.S. Conmiission on Civil Rights, I note that the distortions discussed in the OHA analysis of the commission's report are evident in both camps unfortunately. If the commission failed to understand OHA's historical perspective (restorative justice etc.), what about OHA? Do Trustees really want to confront historical inaccuracy even while they accept as fact the slew of distortions imbedded in the Akaka Bill regarding Hawaiian history? Are we ready to accept the premise of this hill, whieh states that Native Hawaiians are indigenous to the Anierican continent? And does the Indian coimnerce clause in and of itself confer citizenship (or recognition)? Statehood was premised on a combination of remedial programs (created by Congress) that imply federal recognition has been conferred on Native Hawaiians via the state Department of Hawaiian Home Lands. Federalization of native rights is rooted in the Indian Conmierce Clause, whieh is a domestic law of the United States. Congress has no authority to impose domestic laws on a

foreign nation without a treaty. Statehood represents an attempt by the United States to impose U.S. laws on a foreign state without having to negotiate a legal treaty. This is what is called belligerent occupation in law because the essence of its elaini or jurisdiction is through raw military might, not by treaty, etc.

Noa Napoleon Honolulu