Ka Wai Ola - Office of Hawaiian Affairs, Volume 28, Number 8, 1 August 2011 — Landmark law grants state recognition of Hawaiians [ARTICLE+ILLUSTRATION]
Landmark law grants state recognition of Hawaiians
ByTreenaShapiro Ahistoric bill signing ceremony at Washington Plaee July 6 brought Native Hawaiians a step closer to selfdetermination and serves as a powerful demonstration of what Native Hawaiians ean do when they work together. Approximately 150 people gathered to watch Gov. Neil Abercrombie sign Senate Bill 1520 into law, many of whom have spent decades fighting for formal recognition of Native Hawaiians as a sovereign entity. "The Legislature has found that the state has never explicitly acknowledged that Native Hawaiians are the only indigenous, aboriginal, maoli population of Hawai'i. With the signing of this bill, that will be taken care of. The acknowledgement, with regard to the indigenous people of Hawai'i, will be accomplished," Abercrombie said, before putting his signature on what is now officially Act 195. Signing the bill at the home of Hawai'i's last reigning monarch Queen Lili'uokalani brought to full circle the events that have occurred since the Hawaiian government was overthrown in 1893 through reaffirmation of Native Hawaiians' right to self-governance, Abercrombie and others observed. The state's recognition law is intended to
move in concert with federal recognition, whieh would give Native Hawaiian status similar to that afforded to American Indians and Native Alaskans. The federal Native Hawaiian Govemment Reorganization Act, awaiting U.S. Senate floor consideration, would set forth a process for Hawaiians to establish their own governing entity. Although Akaka could not leave Washington, D.C., he sent a statement applauding the bill signing: "The enactment of this bill is yet another example of Hawai'i's ongoing desire to recognize the unique contributions and traditions of the Native people in our state," he wrote. "Native Hawaiian values shape our sense of identity, our sense of aloha for one another and our sense of what is pono, what is just." Throughout the state's legislative session, Akaka and his staff provided guidance and support, as well as assurance that Hawai'i's law would support his efforts in Congress. U.S. Sen. Daniel Inouye, also in Washington, D.C., added, "It is right, just, and long overdue." The new law establishes a five-member Native Hawaiian Roll Commission. The commission, appointed by the Governor, will create and maintain a roll of Native Hawaiians qualified to participate in organizing a governing entity. This roll, when published, is intended to facilitate a
NA 1 1 V t MAWAllAN » NtVVS | htA!UMtS | tVtN!S convention that will lead to self-governance. State Sen. Brickwood Galuteria, Chairman of the Hawaiian Affairs Committee, reflected on how the Legislature passed the landmark bill that represents "a commitment to acknowledge the first people of Hawai'i while preserving the diversity that has made Hawai'i home to so many." Galuteria said that toward the end of session, fiscal constraints threatened passage of the bill. At the eleventh hour, the Office of Hawaiian Affairs stepped forward and offered its kōkua. As Galuteria describes, OHA Chairwoman Colette Machado agreed without hesitation to fund the Native Hawaiian Roll Commission. "And that, my dear family, was the moment of sovereignty. That was indeed self-determination," Galuteria said. OHA's funding commitment got the bill through conference committee and was passed by the Legislature with only one "no" vote in the Senate. Machado clarified OHA's position at the ceremony, noting the state recognition act is a legislative initiative that OHA has agreed to support. The roll commission will be attached to OHA for administrative purposes only, she emphasized. She added, however, that OHA is grateful to be part of the nation-building process and ready to contribute in a way that is helpful but not intrusive. Machado acknowledged the protestors who stoodoutside the Washington Plaee gates, holding signs and chanting in opposition to the state law. "No matter what we do, it's never satisfactory, but we must aloha them," she said. Machado praised the passage of the state recognition bill: "Since Rice v. Cayetano in 2000, this is the clearest position the state has taken to reaffirm Native Hawaiian rights and entitlements already established in the state's Constitution," she said. "This also sends a clear statement to the federal government to endorse the recognition of Native Hawaiians as the indigenous people of Hawai'i and support Native Hawaiian self-governance." The bill signing was particularly moving for state Sens. Clayton Hee and Malama Solomon, who have both spent more than three decades advocating for restoration of native rights. "No Pacific island experienced colonization at a greater loss than Hawai'i. The loss of the language was the loss of the identity. The loss of the identity was the loss of our dignity," said Hee, who spoke of the obligation to "the first nation of this land." Solomon, who helped open and close the ceremony, contributed to a written narrative and offered a personal statement: "Hawaiians are SEE STATE REC0GNITI0N ON PAGE 10
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G0VERNANCE To restore pono and ea, Native Hawaiians will achieve selfgovernance, after whieh the assets of OHAwillhe transferred to the new governing entity.
Gov. Neil Abercrombie signs Senate Bill 1 520 into law at a signing ceremony at Washington Plaee, home of Hawai'i's last reigning monarch, Queen Lili'uokalani. - Photo: EdMorita, Office ofthe Governor
STATE REG0GNITI0N
Continued from page 4 very different from the American tribes. We had a kingdom that was recognized by the United States and other nations around the world before the overthrow. "Every generation of Native Hawaiians since the overthrow has struggled to be recognized as equals," she added. "The new law recognizes Hawaiians as equal partners and sets out a procedure to organize ourselves that is grassroots driven. The power will percolate up from the community, not from the top down. It establishes a process to let Hawaiians set forth their goals and desires and define themselves. It begins to let the next generation realize their dreams. That's what sovereignty means." Hee quoted King Kamehameha, "Imua e na pōki'i. Inu i ka wai 'awa'awa, no ka mea. 'A'ohe hope i ho'i ai a hiki i ka lanakila!" and offered an English translation as he urged those in attendance to rise together as one 'ohana: "Go forward young warriors. We have drank enough of the bitter water. There is no tuming back until victory is securely in our grasp." Applications to be considered for the Native Hawaiian Roll Connnission are due Aug. 5. More infonnation is available at www. hawaii.gov/gov. ■
New state laws July 12 was the deadline for the Governor to either veto bills, sign them or let them become law without his signature. Below are the final outcomes of some bills that impacted Native Hawaiians. HB 400 - 0HA's Biennium Budget (OHA Legislative Package) Bill Status: Enacted as Act 95 Act 95 provides OHA with $2.37 million in state general funds for eaeh year of its 2011-2013 hiennium budget. The general funds are matched by $5.81 million in OHA trust funds eaeh year. Our budget includes provisos for social services, educational enrichment programs and legal services and representation for Native Hawaiians. SB 2 — Puhlie Land Trust lnformation System Bill Status: Enacted as Act 54 Act 54 directs the Department of Land and Natural Resources (DLNR) to coordinate with other state agencies, county agencies and OHA to develop an inventory of the lands in the Public Land Trust by Dec. 31, 2013. The act appropriates $360,000 from the Land Conservation Fund over the next two fiscal years to support the initiative. HB 1164 -Sand lsland Sale Study Bill Status: Enacted as Act 235 Act 235 authorizes DLNR to consider selling or exchanging the state lands that comprise the Sand lsland lndustrial Park to the current leaseholders of the land. 0HA opposed this t ill because Sand lsland is not only ceded lands but also represents one of the primary sources of revenue for DLNR. HB 397 - Public Land Sale Amendments (OHA Legislative Package) Bill Status: Enacted as Act 1 69 Previously, state law required state agencies to receive approval from two-thirds of both the House and Senate for any proposed public land sale or gift. Act 169 amends this process to give 0HA additional time and information to assess whether the public lands proposed for sale are ceded lands. SB 1 01 — Hand-pounded Kalo Bill Status: Enacted as Act 1 07 With the passage of Act 107, individuals who want to sell hand-pounded poi no longer need to prepare the poi in a certified kitchen and are not required to obtain certain Department of Health permits. 0HA supported this bill because it would promote a traditional Hawaiian practice and create eeonomie opportunities for Native Hawaiians. SB 986 - Criminal Justice Task Force (OHA Legislative Package) Bill Status: Enacted as Act 170 Building on the momentum of 0HA's September 2010 criminal justice study, Act 170 creates a task force that focuses on early intervention to reach individuals before they are incarcerated.
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Six OHA officials participate in the bill-signing ceremony. From left are: state Sen. Malama Solomon, OHA Trustee John Waihe'e IV, Trustee Rowena Akana, Trustee Oswald Stender, Gov. Neil Abercrombie, Trustee Robert Lindsey, OHA Chairperson Colette Machado, Trustee Boyd Mossman and former OHA Trustee Roy Benham. - Photos: Ed Morita, 0ffice ofthe Governor
H.K. Bruss Keppeler, Rev. William Kaina and state Sen. Malama Solomon at Washington Plaee. In a joint statement wriften for the occasion and provided to attendees, Keppeler and Solomon wrote that the legislation was importantfor Native Hawaiians and all of the people of Hawai'i. "For Kānaka Maoli, this measure is one more important step in a very long and arduous journey toward justice," they wrote. "Indeed, this journey has taken more than the span of a single life. It has taken generations."
Among those witnessing the historic signing by the Governor, center, were, from left: Sen. Malama Solomon, former Gov. John Waihe'e, H.K. Bruss Keppeler, Sen. Clayton Hee, Lt. Gov. Brian Schatz, Reps. Marcus Oshiro and Faye Hanohano, Sen. Brickwood Galuteria, Rep. Gil Keith-Agaran, Sen. Donovan Dela Cruz and OHA Chairperson Colette Machado.