Mon - June 30, 2008

Retired U.S. Sen. Ben Night-horse Campbell hired to help push Akaka bill


Advertiser reports:
The state Office of Hawaiian Affairs has enlisted larger-than-life retired U.S. Sen. Ben Night-horse Campbell to help its efforts to push the Akaka bill through Congress.

Campbell, 75, is the son of a Northern Cheyenne Indian, and was the first American Indian to serve in the U.S. Senate when he represented Colorado from 1992 to 2004. For a time, he chaired the Indian Affairs Committee, the only American Indian to do so.

OHA administrator Clyde Namu'o said OHA's strategy is to try to get the Akaka bill out of Congress and into the hands of President Bush before the end of the year. Failure to do so would send the matter back to the drawing board.
[...]
Namu'o said Campbell is being retained under a subcontract with Patton Boggs, the Washington, D.C.-based lobbying firm that OHA has paid more than $2 million to help win support for the Akaka bill.

Namu'o noted that Campbell is a longtime Republican. "There were certain Republican senators who Patton Boggs felt former Sen. Campbell could be helpful in discussing the positive aspects of the Akaka bill," Namu'o said.
[...]
Namu'o said OHA is still aiming to get enough senators to pass a cloture petition on the Akaka bill, which would lead the way to a Senate floor vote on the issue before the end of the year.
[...]
The Bush administration has indicated opposition to the bill, and the president may veto it if it passes.
[...]
If the debate over the Akaka bill were to drag into next year, the dynamics of the discussion would change immensely with the changing landscape of Washington. Not only would there be a new Congress, there would be a new president. Democrat Barack Obama supports the bill, and Republican John McCain opposes it.

Posted at 07:08 PM     Permalink      

Thu - April 17, 2008

Hawaii GOP internal fight over Akaka bill


This HR article by Eric Ryan and blog post by Mel tell of a schism in the Hawaii GOP over the Akaka bill. The district-elected platform committee attempted to change the platform from supporting to opposing the Akaka Bill, along with numerous other unrelated changes, but instead Lingle's operatives stacked the committee at the last minute and shut it down, simply re-adopting the 2006 platform and rejecting all of the other proposed changes just to keep the anti-Akaka bill plank from being adopted. The GOP grassroots aren't happy with Lingle or their party at the moment, to put it mildly. (The blog post has an audio file of the meeting.)

Update 4/21: Doug at Poinography has more on this "entertaining (and public!)" internal dispute, with links to several posts/articles from different participants and points of view. But it all started with the proposed platform change on the Akaka bill.

Posted at 10:37 AM     Permalink      

Wed - April 9, 2008

Akaka Bill Seminar; Shapiro: wait 'til next year to push the bill


Notice in the Advertiser:
The Honolulu Japanese Chamber of Commerce will host a seminar on the Akaka Bill, also known as the Native Hawaiian Recognition Bill, from noon to 1:30 p.m. April 24 at the chamber's Manoa Grand Ballroom Lounge at 2454 S. Beretania St.

Registration fee is $25 and includes lunch. For more information or to register, call 949-5531 or visit the Chambers Web site at www.honolulujapanesechamber.org.

And in his Advertiser column, David Shapiro argues that Akaka should wait to push the bill, and that trying to bring it to the floor this year could do more harm than good (from the pro-Akaka bill perspective, which many Hawaiians don't share anyway):
You have to wonder about U.S. Sen. Daniel Akaka's strategy in pushing for a vote this year on his bill for Native Hawaiian political recognition despite the certainty of a veto by President Bush if it passes.

It might be wiser to wait until after the election and hope for a Democratic president who is open to resolving indigenous claims of land and sovereignty stemming from the overthrow of the Hawaiian monarchy and U.S. annexation of Hawai'i.

Posted at 09:18 AM     Permalink      

Sat - April 5, 2008

Senate will vote on Akaka bill this year


Advertiser story on the prospects of the Akaka bill becoming law this session. A spokeswoman for Senate Majority Leader Harry Reid said the bill will be considered by the full Senate this year, but exact timing is not yet known. "Changes in the membership of the U.S. Senate seem to give the Akaka bill a better chance of passage this year," but "the Bush administration opposes the bill and the president may veto it if it passes."

Posted at 01:29 PM     Permalink      

Thu - April 3, 2008

Akaka bill depends on Senate freshmen


The Hill, a prominent D.C. publication that follows Congress, has a piece on the Akaka bill, saying "Sen. Daniel Akaka (D-Hawaii) is leaning on his party’s freshman senators to move legislation that would give Native Hawaiians the power to form their own government and negotiate with state and federal governments." If the 6 freshmen Dems who replaced Republicans who voted against the bill all vote for it, it will have enough votes to overcome a filibuster and bring the bill to the Senate floor for a vote. Three of them have already committed to support it. The bill has already passed the house.

However, the bigger hurdle is the White House. The article notes that "A veto threat was issued last fall in a Statement of Administration Policy." Even if the Senate passes it, the bill will likely be vetoed by the administration and will likely have to wait until a new president is in office next year to have a chance to be enacted.

Note that the Native Hawaiian community itself is sharply divided over the bill, with many pro-independence groups voicing strong opposition to the bill (for reasons generally distinct from the Republican opposition in the Senate). For those who want to lobby, the three Senators listed as yet undecided are Sens. Jim Webb (D-Va.), Sherrod Brown (D-Ohio) and Bob Casey Jr. (D-Pa.)—click links for contact forms.

For more info on why Hawaiians oppose the bill, see StopAkakaBill.com.

Posted at 09:10 AM     Permalink      

Mon - March 24, 2008

Univ of MI Law School debates Status of Native Hawaiians


Rec'd via email...

The Federalist Society, NALSA, and APALSA present:

The Status of Native Hawaiians:
Can Congress recognize a sovereign Native Hawaiian government, and is
such recognition good policy?

Join us for a debate between:

GAVIN CLARKSON, Professor, University of Michigan Law School

TODD GAZIANO, Commissioner, US Commission on Civil Rights; Director,
Center for Legal and Judicial Studies, Heritage Foundation

Location: University of Michigan Law School, Hutchins Hall, Room 138
Date: Thursday, March 27
Time: 12:15pm
Details: Moderated by Professor Adam Pritchard. Lunch will be provided.

Please contact Dan byrne at dgbyrne @ umich.edu with questions.

Posted at 12:48 PM     Permalink      

Fri - February 15, 2008

New "Stop Akaka Bill" website



Posted at 09:24 AM     Permalink      

Tue - January 22, 2008

Obama would sign Akaka bill as president


Star-Bulletin reports that, "If elected president, Democratic hopeful Barack Obama says he would sign the Native Hawaiian Government Reorganization Act, better known as the Akaka Bill," according to a statement released yesterday by his campaign. Obama was born in Honolulu and is a 1979 Punahou graduate.

Also, "State Sen. Colleen Hanabusa, a spokeswoman for the Clinton campaign in Hawaii, said she believes the former first lady would sign the Akaka Bill if given the chance as president," based on the fact the Pres. Bill Clinton signed the apology bill. Clinton, along with Obama, also voted for cloture on debate on the bill last year, which if passed would have brought the bill to the Senate floor for a vote.

Posted at 08:18 AM     Permalink      

Mon - January 14, 2008

Akaka working to bring federal recognition bill to Senate floor


Advertiser reports on unfinished business in the new session of Congress, including:
After the Senate opens its new session Jan. 22, Sen. Dan Akaka, D-Hawai'i, hopes to bring at least three major bills to the floor for debate and vote, which Republican opposition has stalled.

One would create a process to form a future Native Hawaiian government and put it on a path for federal recognition. Republicans believe the measure is race-based and therefore unconstitutional.

The House approved a similar bill in October.

"I am working with the Senate majority leaders to bring my Hawaiian federal recognition bill to the floor, building upon momentum from the House passage of the bill," Akaka said.

Posted at 02:21 AM     Permalink      

Thu - November 29, 2007

George Will on Akaka bill: Hawaiians = Nazis?


George Will's column in the Washington Post begins thusly:
"I decide who is a Jew around here."

-- Hermann Goering in 1934, when told that a favorite Munich art dealer was Jewish.


Under legislation that the House of Representatives has voted 261 to 153 to foist on Hawaii, Goering's role would be played by a panel empowered to decide who is a "Native Hawaiian" and entitled to special privileges and immunities. Because there are perhaps only 7,000 "pure" Native Hawaiians, "Hawaiian blood" will inevitably be the criterion, and the "one-drop rule" probably will prevail. Goering would have approved of this racialist sorting-out.

Ian Lind says on his blog:
What in the world was conservative columnist George Will smoking when he wrote yesterday’s column equating Native Hawaiian rights with Nazi racism? Do you think he really believes that stuff? What an ass.

Update 11/30: In the Advertiser, Akaka and others react to Will's column.

There's this note at the end of the article:
Also opposed to the Akaka bill and federal recognition are those who believe much more is needed to address wrongs against Hawaiians. Some of those opponents believe Hawai'i should be restored as a nation wholly independent of the U.S.

Update 12/2: Advertiser editorializes. Star-Bulletin editorial plus an op-ed from Akaka and Abercrombie.

Update 12/3: And now the Maui News has an editorial condemning Will as well: "A more blatant misrepresentation or willful ignorance of history would be hard to find."

Posted at 07:09 AM     Permalink      

Fri - November 16, 2007

Hawaii advisory panel to USCCR takes no position on Akaka bill


Advertiser reports:
A U.S. Commission on Civil Rights advisory panel, which this year got several new members who are opposed to Native Hawaiian federal recognition, voted 8-6 yesterday to not take a position on the Akaka bill.

The vote was seen as a victory for supporters of the bill, named after its sponsor, U.S. Sen. Daniel Akaka, D-Hawai'i. Akaka bill opponents had been hoping the Hawai'i State Advisory Committee would go on record against the bill.

In July, the U.S. Civil Rights Commission added 14 new members to the 16-member Hawai'i advisory committee, including several outspoken activists against Native Hawaiian federal recognition.

The U.S. Commission on Civil Rights, dominated by Republicans and independents, is on record against the bill, but the Hawai'i advisory committee has favored federal recognition.

Advertiser also has an op-ed by Michael Moodian in support of the bill.

Posted at 05:25 AM     Permalink      

Sun - November 4, 2007

Point-counterpoint on Akaka bill from HISAC to USCCR


Opposing op-eds in today's Advertiser on the Akaka bill from members of the Hawai'i State Advisory Committee to the United States Commission on Civil Rights.

Update 11/12: Earlier there was this op-ed in the conservative Washington Times from Akaka and Abercrombie. (h/t Ian Lind)

Posted at 06:08 AM     Permalink      

Mon - October 29, 2007

Apoliona commentary on federal recognition; poll problems go both ways


OHA board chair Haunani Apoliona has a commentary in the Advertiser supporting federal recognition, taking on conservative opponents of the bill, including their use of bogus polls.
We appreciate Rep. Abercrombie for citing for both colleagues and C-SPAN viewers, the specific, misleading question, successfully discrediting this "push" poll by Grassroot Institute of Hawai'i.

He immediately cited credible polls, which consistently find the majority of Hawai'i residents support federal recognition.

I believe I was the first to call out GIH over two years ago specifically for doing "push" polls, and Abercrombie and Apoliona are right to point this out.

However, I would also remind readers that OHA's own recent poll cited by Abercrombie and Apoliona was not without problems of its own. As I noted at the time and the Star-Bulletin editorial pointed out:
...one question posed in the new survey was troublesome: "There has been talk about creating a Hawaiian governing entity that would represent the Hawaiian people in their dealings with the state and the federal government. Do you agree or disagree that an entity of some kind should be formed?"

Actually, there has been more than talk about such a governing body. The Akaka Bill explicitly calls for a "native Hawaiian governing entity to negotiate with federal, state and local governments, and other entities." Only 51 percent of the poll's respondents support it, while 34 percent disagree.

We have criticized a 2005 poll taken by the Grassroot Institute of Hawaii, which opposes sovereignty, because of a loaded question designed to elicit negative reactions to the Akaka Bill. The newest OHA poll deserves similar scrutiny for a misleading question implying that a Hawaiian governing entity is being talked about but is not part of the Akaka Bill. [Emphasis added.]

Posted at 07:12 AM     Permalink      

Wed - October 24, 2007

House passes Akaka bill


The U.S. House has passed H.R. 505 "Native Hawaiian Government Reorganization Act of 2007" on a 261-153 vote. Advertiser reports and KGMB has a story. The Senate still needs to act, and see if they have 60 votes to overcome threat of a filibuster, but the administration is threatening to veto it even if it does pass. (PS - as Ryan O. notes "Numerologists take note, it was the 1,000th vote taken by the 110th Congress.")

Update: USA Today article, including this:
Republican opponents of the legislation also said it could open the door for Native Hawaiians to declare territorial independence from the United States.

The rights of Native Hawaiians have been an issue since the 1893 coup.

I think it is continually amusing how the Republicans fear the bill could lead to independence (or at least use this fear to stir opposition to the bill), while many who support independence also oppose the bill because they feel it would subvert independence. Both interests arguing against the bill, but for directly contradictory reasons. (And while we are told by some Hawaiian leaders how unrealistic and unachievable it is, yet would Republicans bring it up if they thought it completely impossible? Their fear of it validates its potential.)

Update 10/25: And here's today's full Star-Bulletin article and the Advertiser article, which on the timing of the next step in the Senate says, "expected Republican opposition in the Senate means leadership would have to make time for lengthy debate in an already clogged legislative calendar." And the Advertiser concludes with this:
A spokesman for Hui Pu, an umbrella group of Hawaiian organizations opposed to federal recognition, said he was disappointed but not surprised by the House vote.

Hui Pu member Ikaika Hussey said millions of dollars spent by OHA on "lobbyists and chocolate-covered macadamia nuts" paid off.

Hussey said the Akaka bill remains "a clear threat to the movement for self-determination" and that Hui Pu members will be meeting to decide their next move.

Hussey encouraged Congress to hold legislative hearings on the issue in Hawai'i.

Bumpy Kanahele, head of the group Nation of Hawai'i, also called for local hearings.

"If we're going to present something to the U.S. government, it should be something we're all a part of," Kanahele said. What's currently before Congress is "a desperate attempt by the U.S. congressional delegation in Hawai'i to settle all future claims."

There's also a video of Rep. Hirono speaking in support of the bill. And you can comment on the article.

And the Star-Bulletin editorial has this take:
House approval of the Hawaiian sovereignty bill by a 261-153 vote fell far short of the two-thirds needed to override a presidential veto, rendering futile continued action on the bill while President Bush remains in office. Any effort to pass the bill also would be useless in the Senate, where support has been inadequate. Proponents should wait until the next administration before renewing their cause.

Neither yesterday's House vote nor the White House declaration of opposition should have come as a surprise. [...] Advocates of Hawaiian sovereignty seem to have been in denial during recent years but now must acknowledge reality.

Of course I have to keep pointing out that the bill, whatever is may be, has nothing to do with "sovereignty." Let's have another refresher.

Wikipedia:
Sovereignty is the exclusive right to exercise supreme political (e.g. legislative, judicial, and/or executive) authority over a geographic region, group of people, or oneself. A sovereign is the supreme lawmaking authority, subject to no other

Black's Law Dictionary:
The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent.

The power to do everything in a state without accountability, --to make laws, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations, and the like.

Now, compare and contrast with The Native Hawaiian Government Reorganization Act of 2007, for example this:
(3) GOVERNMENTAL AUTHORITY AND POWER- Any governmental authority or power to be exercised by the Native Hawaiian governing entity which is currently exercised by the State or Federal Governments shall be exercised by the Native Hawaiian governing entity only as agreed to in negotiations pursuant to section 8(b)(1) of this Act and beginning on the date on which legislation to implement such agreement has been enacted by the United States Congress, when applicable, and by the State of Hawaii, when applicable. This includes any required modifications to the Hawaii State Constitution in accordance with the Hawaii Revised Statutes.

And this:
(b) Negotiations-
(1) IN GENERAL- Upon the reaffirmation of the special political and legal relationship between the United States and the Native Hawaiian governing entity, the United States and the State of Hawaii may enter into negotiations with the Native Hawaiian governing entity designed to lead to an agreement addressing such matters as--
(A) the transfer of lands, natural resources, and other assets, and the protection of existing rights related to such lands or resources; (B) the exercise of governmental authority over any transferred lands, natural resources, and other assets, including land use;
(C) the exercise of civil and criminal jurisdiction;
(D) the delegation of governmental powers and authorities to the Native Hawaiian governing entity by the United States and the State of Hawaii;

Negotiating over "the delegation of governmental powers and authorities" is not sovereignty.

Posted at 12:08 PM     Permalink      

Mon - October 22, 2007

Akaka bill in U.S. House this week; White House threatens veto


According to the Hawaii Reporter, the Akaka Bill is scheduled to be heard in the House this week.
Republican Whip Blunt announced late last week that the “Akaka bill,” H.R. 505 Native Hawaiian Government Reorganization Act of 2007, is scheduled for consideration by the House with several other bills, this coming Wednesday and Thursday, Oct. 24 and 25 starting at 10 a.m.

The bill will also apparently be heard by the House Rules Committee on Monday, Oct. 22 at 5 p.m.

In the Thomas page on the bill, I don't see a hearing date, but it does show the latest action 10/18 "Placed on the Union Calendar, Calendar No. 243," and here's the 10/18 House Report 110-389 out of the Committee on Natural Resources last week.

And the International Herald Tribune has an AP article (same story also Advertiser breaking news) that the Bush administration issued a statement today opposing the bill. "If passed and eventually presented to President George W. Bush, his senior advisers would recommend a veto, the White House said." The administration has been on record opposing the bill, but while that still isn't a direct statement that it will be vetoed, to my knowledge this is the first time the White House has actually gone so far as to explicitly mention the threat of a veto, and it seems quite likely. Even if the senate could muster the votes to overcome the threat of a filibuster, they could not override a veto.

I think this is also interesting: "The White House argued Native Hawaiians cannot be compared with other indigenous peoples, given the 'substantial historical and cultural differences.'" This is a valid point, because Native Hawaiians are not just indigenous, they are descendants of nationals (citizens) of a internationally recognized country, the sovereignty and territory of which were never relinquished and legally transferred to the United States.

Update 10/23: Advertiser has their own version of the story out now, plus an editorial that you comment on (and the Star-Bulletin also published the AP story).

Update: 10/24: Also covered in the Washington Times, and an editorial in the National Review Online.

Posted at 01:37 PM     Permalink      

Fri - September 21, 2007

Grassroot Institute lobbying defense makes no sense


Doug White notes Grant Jones' response at Hawaii Reporter (also posted on his Dougout blog) on behalf of Grassroot [sic] Institute of Hawaii regarding Doug's observation (noted here Tuesday) about the claim in their nonprofit tax filing that they did no lobbying. Grant's response completely misses the point.
...those that support the Grassroot Institute do so voluntarily and know for what purpose their money is going to be used.

Irrelevant. The question isn't whether supporters know how their money is being used, it's how the money is actually being used. Non-profits are prohibited from doing "excessive" lobbying activities, and can lose their tax-exempt status if they do. Supporters' donations would no longer be tax-deductible. Doesn't matter one bit if the supporters know that is how their money is going to be used.
As everyone who lives in Hawaii is well aware, some "non-profits" are more equal than others. For example a department of the state government, the Office of Hawaiian Affairs, proudly trumpets on its Web site the vast sums of tax dollars they have spent lobbying for both state and federal legislation.

Total non sequitur. A "department of the state government" is not a "non-profit." Hello? OHA is not a tax-exempt organization regulated by the IRS. This comparison makes no sense whatsoever.

On a somewhat related note, Lance Foster makes the connection between the Anti-Hawaiians and the Anti-Indians.

Posted at 08:23 AM     Permalink      

Tue - September 18, 2007

Grassroot Institute of Hawaii tax filing claims no lobbying


Doug White has looked into the tax filings of the Grassroot [sic] Institute of Hawaii, with a link to their 2005 form 990 (PDF) at Guidestar.com, and notes that GRIH claims zero activity under lobbying, yet they reported engaging in activities that clearly seem to fall under the lobbying definition. Seems to me deserving of further scrutiny. And it would be good to check their 2006 filing once it is available.

Update 9/20: Doug follows up with a Hawaii Reporter post from the GRIH in which they state that they are "not explicitly opposed to the Akaka bill," but only to certain provisions or presumed implications or anticipated effects of the bill. Riiiight. But explaining the reasons for their lobbying doesn't make it any less lobbying.

It should be noted that 501c3 nonprofits are not prohibited entirely from lobbying, but from excessive lobbying activities, which can be measured by the Expenditure Test or the Substantial Part Test. In either case, an organization that conducts "excessive lobbying activity" may lose its tax-exempt status, resulting in all of its income being subject to tax. GRIH is allowed to do some lobbying, but the issues seem to be, first, did they falsely report their lobbying activities, and second, were those activities "excessive" by one of the tests.

Posted at 11:57 AM     Permalink      

Sat - September 15, 2007

Civil Rights commissioner clashes with Hawaii committee


Doug notes "A very interesting story in the Stephens Media papers today (Hawaii Tribune-Herald and West Hawaii Today ) about a recent politically charged meeting of the Hawaii State Advisory Committee to the U.S. Commission on Civil Rights." Michael Yaki, a pro-Akaka commission member who sat in on a Sept. 5 Hawaii committee meeting, is clashing with the anti-Akaka members of the committee, as the committee seeks to prevent the clash from being discussed in public.

Posted at 08:26 AM     Permalink      

Thu - September 6, 2007

OHA releases poll on federal recognition


OHA released the results of a poll Tuesday (with a PDF of poll methodology and results), and yesterday the Advertiser covered it. Lance Foster has some pretty extensive analysis and commentary.

"The Ward poll was conducted by telephone Aug. 15-27. It interviewed 380 residents state-wide and carries a statistical margin of error of plus or minus 5 percent."

One thing I notice is that support seems to erode between the general concept of federal recognition and protecting Hawaiian programs, and actually forming a "Hawaiian governing entity."

70% think that "Hawaiians should be recognized by the U.S. as a distinct indigenous group" and 67% think Hawaiians have the right "to make decisions about their land, education, health, cultural and traditional practices, and social policies." 65% believe that "organizations like Kamehameha Schools, Department of Hawaiian Home Lands, and OHA ... should be protected through federal recognition of Hawaiians as an indigenous people." And 83% believe that the "over 100 federally-funded programs for Hawaiians in the fields of health, education, employment, economic development and housing" should continue.

However, when asked if a "Hawaiian governing entity" should be formed to "represent the Hawaiian people in their dealings with the state and the federal government," only 51% agreed. Yet this is what the Akaka bill actually sets up a process for. So while around two-thirds of the population, according to this sample and these questions, supports some vague concept of federal recognition and protection of Hawaiian programs, barely over half (and perhaps not even that given the 5% margin of error) actually supports the intended outcome of the process that the Akaka bill would specifically set in motion.

While this poll certainly seems to indicate that the AntiHawaiians are in a small minority in their efforts to destroy Hawaiian programs and institutions, it is definitely not a broad endorsement of the Akaka bill, either.

The Advertiser also includes this:
Ikaika Hussey, of Hui Pu, an umbrella organization of Hawaiian groups that oppose federal recognition on the grounds that it doesn't go far enough in addressing the wrongs against Hawaiians, said the debate between Akaka bill supporters and those like Burgess is too narrow.

"Self-determination includes all kinds of options, including the right to independence," Hussey said.

I would still love to see someone do a poll asking questions like "If Hawaii were to be restored as an independent country with a multi-racial citizenry, would you want to be a citizen?"

Meanwhile, the Advertiser also briefly covers a meeting in Honolulu yesterday of the Hawaii advisory committee to the U.S. Commission on Civil Rights, where testimony was heard from invited speakers about the proposed Native Hawaiian federal recognition bill, including some who said that the bill would "damage efforts to create an independent Hawaiian nation."

Several public hearings are scheduled across the islands next week.
The hearing schedule:

Honolulu: Wednesday, 1 to 5 p.m., state Capitol.
Hilo: next Thursday, 12:30 to 4:30 p.m., State Office Building, 75 Aupuni St.
Lihu'e: Sept. 14, 1 to 5 p.m., Kaua'i Community College Performing Arts Center, 3-1901 Kaumuali'i Highway.

Update 9/7: The Star-Bulletin editorial picks up on the same point I made above.
...one question posed in the new survey was troublesome: "There has been talk about creating a Hawaiian governing entity that would represent the Hawaiian people in their dealings with the state and the federal government. Do you agree or disagree that an entity of some kind should be formed?"

Actually, there has been more than talk about such a governing body. The Akaka Bill explicitly calls for a "native Hawaiian governing entity to negotiate with federal, state and local governments, and other entities." Only 51 percent of the poll's respondents support it, while 34 percent disagree.

We have criticized a 2005 poll taken by the Grassroot Institute of Hawaii, which opposes sovereignty, because of a loaded question designed to elicit negative reactions to the Akaka Bill. The newest OHA poll deserves similar scrutiny for a misleading question implying that a Hawaiian governing entity is being talked about but is not part of the Akaka Bill.

Posted at 07:38 AM     Permalink      

Thu - August 30, 2007

Civil rights panel postpones meetings


I must have missed the announcement, but Advertiser editorial says the U.S. Commission on Civil Rights Hawai'i State Advisory Committee's next round of public forums has been postponed.

Here are public meeting dates:

10 a.m.-5 p.m. Wednesday, South Pacific Ballroom, Hilton Hawaiian Village.

1-5 p.m. Sept. 12, State Capitol Auditorium.

12:30-4:30 p.m. Sept. 13, Conference Rooms A, B and C, State Office Building, 75 Aupuni St., Hilo.

1-5 p.m. Sept. 14, Performing Arts Center, Kaua'i Community College, Lihu'e.

For more information, contact Angelica Trevino, 213-894-3437, e-mail hisac@usccr.gov.

Update: David Shapiro's column on Wednesday takes on the Hawai'i advisory committee of the U.S. Commission on Civil Rights hearings on the Akaka bill, concluding thusly:
What have Hawaiians done to deserve being treated with blatant hostility and disrespect in their native land — or be singled out as some kind of evil-doers by the Bush administration in its ideological dismantling of federal programs that once protected minority rights?

What business does the civil rights commission have giving special standing to self-interested litigants seeking to claim traditional Hawaiian assets as their own?

The current hearings are not an intellectually honest attempt to arrive at the facts, but a political power play to find the most-expedient path to a preconceived outcome.

The appropriate response is to ignore the hearings and any findings that come from them.

Posted at 09:34 AM     Permalink      

Wed - August 29, 2007

Casting call for Akaka Bill: The Movie (a comedy)


This is funny from Lance. Casting for "a funny movie about the Akaka Bill."

Posted at 01:03 AM     Permalink      

Fri - August 24, 2007

Congressional authority under the Indian Commerce Clause


Here's some useful historical/legal background and context for the Akaka bill hearings and discussions that was posted a few years ago by Keanu Sai, but is still just as relevant today:

Akaka Bill Update
By Keanu Sai from the Living Nation Network

Aloha,

I would like to make some comments on the following quote by Linda Lingle in the Star-Bulletin 7-25-03. "My understanding now is, it's an issue of whether or not Congress has the authority under the Indian Commerce Clause of the Constitution to grant this type of recognition to native Hawaiians," Lingle said.

This quote sheds some light on a very important piece of the Akaka puzzle that i think has not been properly addressed, this being Congressional "authority under the Indian Commerce Clause." The Indian Commerce Clause can be found in the US Constitution.  Article I, Sec. 8, Cl. 3 of the the Constitution empowers Congress "to regulate commerce with foreign nations, and among the several States, and with Indian tribes." The basis of this authority can be summed up through treaties or contracts. In the case of "foreign nations" you have international treaties. In the case of the "several States" you have the Constitution that was framed by a convention of delegates from all thirteen states. And in the case of the "Indian Tribes," you have domestic treaties.

Professor Rice, author of "The Position of the American Indian in the Law of the United States" (1934), p. 80, answers the question as to "the consitutional basis of Congressional power to implement by legislation the treaties made." What this means is that the US Congress cannot be empowered under the Indian Commerce Clause unless it is authorized to do so by treaty or bi-lateral agreement.

Native Hawaiians, as an ethnic group, have no treaties with the United States, but as part of the nationals of the Hawaiian Kingdom, their country has international treaties with the United States. And these treaties, as well as the Hawaiian Kingdom, are protected under international law.

Read the rest in the extended entry...

Posted at 05:22 AM     Permalink      

Wed - August 22, 2007

Civil rights committee chair "racist"? + Akaka bill not "sovereignty"


Star-Bulletin editorial looks at the composition and politics of the U.S. Commission on Civil Rights and its Hawaii Advisory Committee, as it begins hearings on the Akaka bill, including this tidbit:
The new chairman of the Hawaii committee is Michael Lilly, state attorney general under former Gov. George Ariyoshi. Lilly has not stated his opinion of the Akaka Bill. Among the allegations against Lilly during his failed Senate confirmation in 1985 was an accusation by the late David Schutter that Lilly was a "racist." Schutter then was a law partner of future Gov. Ben Cayetano, who as a state senator was among those who led the effort to reject Lilly's confirmation.

Lilly denied being a racist but conceded that he should not have written a limerick in 1979 that was interpreted as derogatory toward a native Hawaiian defendant, Kenneth Lono, who was contesting his transfer to a mainland prison. The poem said Lono "got sent back to Hawaii, so now he can eat his fish and poi."

Oh, and note to S-B editors: the Akaka bill, whatever it may be, most certainly is not "sovereignty." Let's have a little refresher.

Wikipedia:
Sovereignty is the exclusive right to exercise supreme political (e.g. legislative, judicial, and/or executive) authority over a geographic region, group of people, or oneself. A sovereign is the supreme lawmaking authority, subject to no other

Black's Law Dictionary:
The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent.

The power to do everything in a state without accountability, --to make laws, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations, and the like.

Now, compare and contrast with The Native Hawaiian Government Reorganization Act of 2007, for example this:
(3) GOVERNMENTAL AUTHORITY AND POWER- Any governmental authority or power to be exercised by the Native Hawaiian governing entity which is currently exercised by the State or Federal Governments shall be exercised by the Native Hawaiian governing entity only as agreed to in negotiations pursuant to section 8(b)(1) of this Act and beginning on the date on which legislation to implement such agreement has been enacted by the United States Congress, when applicable, and by the State of Hawaii, when applicable. This includes any required modifications to the Hawaii State Constitution in accordance with the Hawaii Revised Statutes.

Update: At his Advertiser blog, Jerry Burris posts about these 'Conversations' on the Akaka bill, and you can leave comments.

Update 8/23: David M. Forman, immediate past chairman of the Hawai'i State Advisory Committee, has an op-ed in the Advertiser about the actions of the newly stacked committee.

Posted at 05:59 AM     Permalink      

Tue - August 21, 2007

Civil rights committee Akaka bill hearings criticized


Advertiser article and Star-Bulletin article about the Hawaii Advisory Committee to the U.S. Civil Rights Commission hearings on the Akaka bill, with criticism against the rushed hearings and the stacking of the committee membership. Update: KITV coverage.

"The commission's staff in Washington, D.C., had urged the Hawai'i advisory committee to schedule the public briefings, and had contacted expert panelists and set in motion the public notice requirements, before committee members had agreed." And despite the fact that "the commission has no plans to reconsider its opposition to a Native Hawaiian federal recognition bill before the bill is expected to come before Congress later this year."

There is "a letter from the congressional delegation to the U.S. Civil Rights Commission, protesting the composition of the Hawaii committee," and describing the briefings as "highly irregular and counter-productive." While OHA's chair Apoliona says the federal commission is shaping the local committee "to further promote a biased agenda against the aboriginal, indigenous, native people of Hawaii by aiding and abetting litigants who seek to end native Hawaiian programs."

Meanwhile, "Some Native Hawaiians who want more independence — and those who want the restoration of the Hawaiian kingdom — oppose the bill as capitulation."

Public briefings are planned for tomorrow on Maui, Sept. 7 on Kaua'i, Sept. 10 on the Big Island and a newly scheduled Sept. 12 meeting on O'ahu.

Here's the details on the Maui hearing:

Date: Wednesday, August 22, 2007
Time: 3:00 to 7:00 p.m.
Location: Science Building, Room 10A
Maui Community College
310 Ka'ahumanu, Kahului, Hawaii

To get on the list of testifiers ahead of time, call Angie Trevino, USCCR's Western Regional Office, (213) 894-3437 [TDY] 213-894-3435 or email atrevino@usccr.gov.  Otherwise members of the public can sign in at the meeting and give testimony in chronological order.

Written comments must be received by the Western Regional Office by September 1, 2007.  The address is:

U.S. Commission on Civil Rights
Western Regional Office
300 North Los Angeles Street, Suite 2010
Los Angeles, CA 90012

Posted at 03:00 AM     Permalink      

Sun - August 19, 2007

Civil Rights committee hearing on Akaka bill


Star-Bulletin article: "The Hawaii advisory committee to the U.S. Commission on Civil Rights will hold its first public hearing tomorrow on the 'Akaka Bill' since new members, some of whom are critics of the measure, were appointed to the board."
Some members of Hawaii's advisory committee to the U.S. Commission on Civil Rights are raising concerns about their first public hearing tomorrow to debate a bill to federally recognize native Hawaiians, claiming its scheduling was rushed and the agenda set without consultation.

While the Advertiser has an editorial:
It has taken decades for the U.S. Commission on Civil Rights to earn its well-respected legacy — and now the agenda of one administration threatens to topple that. The agency is being used by the government to advance conservative ideas about civil rights, including a rollback of affirmative action. That national drive is playing out this week in Hawai'i in hearings over the Native Hawaiian federal recognition legislation.
[...]
...Hawai'i residents should be encouraged to speak out at the hearing, but to be aware of the context. Regardless of one's position on the Akaka bill, while witnessing political theater it's essential to know who is running the show.

Other public hearings are set for Wednesday on Maui, Sept. 7 on Kauai and Sept. 10 on the Big Island.

The Advertiser also has excerpts of OHA Administrator Clyde Namu'o's session on The Hot Seat blog last week, in which he talks about the Akaka bill among other topics.

And on his Haoles for Hawaiians blog, Lance Foster (who was formerly Director of Native Rights, Land and Culture at OHA) has a post on "The Question of the Akaka Bill" including these thoughts:
OHA and its allies believe the Akaka Bill would protect Hawaiian institutions (like Kamehameha Schools), organizations (like Alu Like), and entitlements from legal challenges. Unfortunately OHA & Co. haven’t taken enough time to look behind the curtain as to why federal/state governments would be pro-Akaka Bill, despite all the legal opposition. (Hint: it has to do with land settlements, despite all the denials). And they haven’t seemed to absorb the history of the mixed blessing of what tribal recognition has done for(to) Native Americans. The Indian model has problems; I know, I'm an Indian. Legal challenges by anti-Indians and erosion of Indian rights and entitlements continue in Indian country despite protections that are much stronger than what the Akaka Bill would provide for Hawaiians.
[...]
Sovereignty activists vary in their perspective (how many self-proclaimed kings/governments are there anyway these days?) but essentially they don’t want the Akaka Bill because they don’t agree with its avoiding the essential question of the illegal occupation of another nation and they don’t believe OHA or any other arm of the federal/state government has the right to negotiate such an approach. As an Indian, and knowing what I know of both Indian and Hawaiian history, I support the struggle. Sovereignty cannot be taken away forcefully, only surrendered, and Hawaiian sovereignty was never surrendered.

Update: At Poinography, Doug also looks at this issue, with some research into the Commission's meeting archives to find "a letter (PDF) to Congress asking that the terms for State Advisory Committee members be extended to four years (now that the ideological shift is taking hold … and the Bush administration is on the wane.)." And he looks at the national context of how these panels are being stacked from above politically instead of representing their communities—in the name of "diversity of opinion"—and makes this comparison: "Taken to it’s extreme, then, the argument moves to including segregationists to the civil rights panel in 1957."

Posted at 09:56 AM     Permalink      

Thu - August 16, 2007

Is the Akaka Bill good for business?


Hawaii Business Spin Zone: Apoliona vs. Conklin on the Akaka Bill and its effect on business.

Posted at 02:04 PM     Permalink      

Wed - August 15, 2007

Hawai’i Advisory Committee of U.S. Commission on Civil Rights meeting on Akaka bill


There will be a meeting of the Hawai’i Advisory Committee of U.S. Commission on Civil Rights on Monday, August 20, 2007 at the State Capitol in Honolulu. 

Date: Monday, August 20, 2007

Time: 1:00pm – 5:00pm

Place: Hawai’i State Capitol Auditorium
415 S. Beretania Street
Honolulu, Hawaii

Purpose: TO HEAR FROM EXPERTS ABOUT THE AKAKA BILL AND
HOLD OPEN SESSION FOR MEMBERS OF THE PUBLIC TO MAKE SHORT STATEMENTS

Update 8/16: Advertiser article on the scheduled hearings.

More info to make a verbal statement or submit written comments...

Posted at 05:52 PM     Permalink      

Mon - July 30, 2007

Akaka bill may be stalled 'til year's end


Advertiser reports on the status of the Akaka bill, which "remains stalled on the road to floor action in the Senate and House with little chance for a vote before the fall." The article says, "The lawmakers are hopeful they'll get votes on the bill before Congress adjourns for the year, but firm Republican opposition, especially in the Senate, means it would require House and Senate leadership to clear time in an already crowded legislative calendar." It can likely pass the House, and may be able to overcome procedural hurdles (the threat of a filibuster which requires 60 votes for cloture) in the senate, but Inouye is saying they will only try to bring it to the floor if they know they have the votes. (If you count the votes in favor of the bill last year and then factor in the 2006 Democratic gains in the Senate, it could garner the required 60). But even if does pass the senate late in the session, it would then face a possible presidential veto, which could not be overridden. Bush has not directly threatened to veto the bill, but the Department of Justice and the White House have expressed strong opposition to it.

Update 7/31: Jerry Burris blogs. Corky has a cartoon.

Update 8/2: Maui News has an editorial which says "The question is whether there are enough sympathetic votes to override a veto." Based on last year's vote and changes in the 2006 election, the answer to that is almost certainly No. The piece concludes saying it might be best "to wait until there is a better chance of getting the necessary votes. A more sympathetic administration and Congress could be elected next year. Having the measure voted down or vetoed would do more harm than waiting." From the perspective of a supporter, I'm not sure why it would do more harm, and no explanation is given for this assertion. The debate involved in passing the bill and then having it vetoed would raise awareness, and legislatively nothing would be lost compared to just waiting until a new president is in office.

Posted at 07:37 AM     Permalink      

Sun - July 29, 2007

Akaka bill attitudes depend on wording of question; reasons for opposition vary


The addition of five Akaka bill opponents to the Hawaii advisory committee to the U.S. Commission on Civil Rights has stirred debate about what public sentiment actually is about the bill, with conflicting polls being cited. The Star-Bulletin has an editorial looking at how the language used in two polls yielded very different results; an op-ed by Paul Sullivan, one of the new members; and five letters on the topic. (BTW, I note that Garry Smith's letter claiming "A separate poll by the Grassroot Institute of Hawaii had almost exactly the opposite results" of the OHA poll earlier cited by the S-B which showed "68 percent of those surveyed supported the Akaka Bill" continues the totally dishonest interpretation of the GRIH poll results which I pointed out at the time.)

There are also two related letters in the Advertiser, including this from Nancy Aleck providing some historical context:
It is quite instructive to read U.S. Congressional records of the debate over the "annexation" of Hawai'i in the late 1800s. Legislative opposition to annexation was blatant in its racism. Today, such attitudes are almost never publicly expressed. They are often couched in such terms as "being color blind."

In 1897-98, tens of thousands of Hawaiian nationals opposing annexation signed the Ku'e petitions. These anti-annexationists were motivated by completely different reasons than the men in Washington, D.C.

It is the same today. There are some very profound and very different reasons that people do not support the Akaka bill. It serves us all to learn more about this.

Posted at 03:19 AM     Permalink      

Sat - July 14, 2007

Hawaii Civil Rights Commission stacked with opponents to Hawaiian programs, Akaka bill


Advertiser reports:
The U.S. Commission on Civil Rights yesterday filled vacancies on its Hawai'i advisory committee, choosing several outspoken activists against a Native Hawaiian federal recognition bill and potentially shifting the committee's ideological balance.

The commission itself is on record against the bill, known as the Akaka bill for its sponsor, U.S. Sen. Daniel Akaka, D-Hawai'i, but the Hawai'i advisory committee has favored federal recognition.
[...]
The commission, dominated by Republicans and independents, also chose some of the most visible opponents of federal recognition.

The selections include H. William Burgess, an attorney and activist with Aloha for All, which has fought federal recognition and Hawaiian-only government programs; Paul Sullivan, an attorney who has written against federal recognition; James Kuroiwa, a Republican labor and business-relations activist who joined a lawsuit against government funding for Hawaiian-only programs; Rubellite Johnson, a Hawaiian language scholar who opposes the Akaka bill; and Tom MacDonald, a retired investment executive who is on the board of scholars of the Grassroot Institute of Hawai'i, a libertarian public-policy group that has philosophically and financially led the Akaka bill opposition.

Star-Bulletin also has the story.

Update: Doug has a post on the topic, and a question about conflict of interest and potential recusals.
I think it’s worth repeating what I was wondering previously: if any of the new committee members still have lawsuits pending that could be influenced by the status of the Akaka Bill , then would those members still be allowed to vote when the committee considers its position on the Akaka Bill? Aloha for All, according to its website, still is awaiting a decision on a case at the Ninth Circuit and, I would assume, intends to appeal to SCOTUS should they lose. Grassroot [sic] Institute of Hawaii is, so far as I know, still seeking plaintiffs with/for Mr. Rosen to challenge Kamehameha Schools’ admissions policy in a lawsuit that could be filed at any time.

Update 7/17: Star-Bulletin editorial on how the commission no longer reflects sentiment among Hawaii's population. (Typically, they misuse the term "sovereignty" throughout. The Akaka bill and federal recognition is NOT sovereignty.)

Posted at 09:42 AM     Permalink      

Mon - June 11, 2007

Live call-in show on Hawaiian recognition tomorrow


The Office of Hawaiian Affairs presents a live call-in show that discusses Hawaiian recognition.

Join host Brickwood Galuteria as he presents your questions to OHA Chairperson Haunani Apolonia, State Attorney General Mark Bennett and Patricia Zell, former senior counsel of the Senate committee on Indian Affairs.

Tuesday, June 12 at 7 p.m. on KITV4 & streamed on thehawaiichannel.com

Call-in live or email your questions to myquestion@nativehawaiians.com.

Update 6/13: For those that missed it, OHA's Hawaiian Recognition show that aired last night can still be seen at thehawaiichannel.com.

Posted at 12:45 PM     Permalink      

Thu - May 31, 2007

Video: Akaka Bill and The Media


Peter King produced this 10-minute video looking at the Akaka Bill and how well informed Hawaii people are about it based on media coverage, and also features Keanu Sai putting the bill in an international context. "Before you can entertain the Akaka as a legal matter, sovereignty must be involved. Where is the sovereignty of the United States? Meaning, does the United States have sovereignty in Hawaii?"



Peter is working on a 60-minute version as well.

(Mahalo for the plug for this blog at the end.)

Posted at 05:23 AM     Permalink      

Thu - May 17, 2007

Ten ways of looking at the Akaka Bill


Indian Country Today has ten different perspectives on the Akaka bill, including excepts of Congressional statements from nine Reps, Senators and testifiers, and one interview.

Late update: Worth noting that one major perspective is not represented, and that is Hawaiians and their allies who oppose the bill and generally support independence. Those presented in ICT go to extents to minimize the sentiment, but It is not as small as they make it out to be. But they go out of their way to make sure it doesn't get heard. But it is ironic, they respond to fear that the bill could lead to "secession" (a misnomer) by minimizing that possibility, yet those who most desire the outcome are often opposed to the bill and see it as more of a obstacle to or distraction from that goal. You'd think the proponents of the bill could say "Look, there's all these people out here who actually want independence, and they're against this bill," as a way to garner support for it! If you fear independence (which I don't think you need to, but if you do), perhaps there is more to fear from the bill not passing, if you look at the positions of those who support it and those who don't.

Posted at 09:18 PM     Permalink      

Sun - May 13, 2007

The Akaka Bill and presidential signing statements


Much is been discussed about the possibility of a Bush veto of the Akaka bill, including this Advertiser article on Thursday and Jerry Burris' column Friday, and Doug White's post highlighting both. The Advertiser article says:
If all Democrats and independents voted for the bill, plus Republicans who supported it in the past, supporters might be able to get 63 votes — enough to overcome Senate roadblocks.

But the potential of a Bush veto looms large.

Michael McDonald, a political expert at George Mason University in Fairfax, Va., said Bush's veto last week of a bill to fund the wars in Iraq and Afghanistan, and a veto of an embryonic stem-cell bill last year have broken the ice on his use of that presidential power.

Those two vetoes may have “broken the ice” but the fact remains that Bush has vetoed only two bills in his entire presidency. I’m not sure if he has directly threatened to veto the Akaka bill, as opposed to DoJ saying they oppose it which isn’t quite as strong, but he has threatened to veto other bills before and then not followed through. So I would think his veto is still far from certain.

What he’s done with many other bills, though, is issued "signing statements" that assert his interpretation of the legislation and sometimes flatly reject laws as unconstitutional. He executes the law according to his interpretation without outright vetoing it. (Many argue that his signing statements themselves are unconstitutional, but whether they are or not hasn't stopped him from using them so far.)

So I would think that outcome is also a distinct possibility. His frequent use of signing statements is a widely discussed issue in the media and on political blogs I read, so I’m sort of surprised that it seems no one in the media or legal/political arena here has examined this possibility, and what it would mean for the implementation of the bill if the administration didn't veto it, but instead just issued a signing statement consistent with the DoJ's opposition to the bill, interpreting it as unconstitutional.

The Department of Interior plays a key role in the whole process, from setting up a new Office of Native Hawaiian Relations, to appointing the members of the Commission that compiles the Native Hawaiian roll. The bill also contains provisions for the creation of the "Native Hawaiian Interagency Coordinating Group" which "shall be composed of officials, to be designated by the President..." If the president issues a signing statement effectively declaring the bill unconstitutional and refuses to implement the provisions of the bill, then the whole process cannot move forward at all, at least as long as Bush is still in office.

Whether this is seen a bad thing or a good thing depends, of course, on one's point of view regarding the bill itself.

Posted at 07:26 AM     Permalink      

Thu - May 10, 2007

Senate Committee approves Akaka, NH housing bills


Advertiser reports that the Senate Indian Affairs Committee approved the Akaka bill today, as well as a bill to reauthorize federal housing programs for Native Hawaiians. "Sen. Daniel K. Inouye, D-Hawai'i, said he did not expect the Native Hawaiian government bill to reach the Senate floor until after May."

Advertiser also has a story that "Gov. Linda Lingle said yesterday she will continue to lobby support from Republican lawmakers and talk with the White House about the hard line it has taken against the Akaka bill." The articles gives a general rundown on the status of the bill and its chances for passage and a presidential veto.

Update: Star-Bulletin also reports on the bill's senate committee passage.

Also received this via email:

FORWARDING MESSAGE FROM J. KEHAULANI KAUANUI -

"I will be a guest on the radio show, Native America Calling, next Wednesday May 16th  from 1-2pm EST. The show can be heard online live stream: http://www.nativeamericacalling.com/

I will be addressing the problems with the Akaka bill and speaking out in support of full self-determination under international law.
http://www.indiancountry.com/content.cfm?id=1096414877

In addition, I will use the slot for my own radio program "Indigenous   Politics: From Native New England and Beyond" next week (Friday from 4-5pm EST) to focus on the Akaka bill as well. Folks can also listen live online:
www.wesufm.org"

Update 5/11: Here's today's Advertiser article and Star-Bulletin AP article that actually appear in the print versions (the links above were breaking stories posted to their websites).

Later update: Here's the press release from Sen. Akaka's office.

Posted at 08:46 AM     Permalink      

Wed - May 9, 2007

Senate Indian Affairs Committee may vote tomorrow


Star-Bulletin reports that "The Senate Indian Affairs Committee may vote tomorrow on the Akaka bill, which would provide self-governance rights for native Hawaiians."

Regarding the second half of that sentence, actually not. The bill would provide a process, controlled by the Department of Interior, by which native Hawaiians who sign up for a roll might eventually propose a limited form of self-government, subject to approval by the Department of Interior (and probably Hawaii voters in a constitutional convention). The bill does not itself provide political recognition of native Hawaiians or their self-governance rights, it simply sets up a process controlled by Interior that might eventually lead to a limited version of such. Just to be clear.

Posted at 08:49 AM     Permalink      

Fri - May 4, 2007

Admin, Senate Committee openly discuss Hawaii's independence


Advertiser reports on the Senate Indian Affairs Committee hearing on the Akaka bill, noting that "the Bush administration 'strongly opposes'" the bill. It mentions the views of those who were invited to testify, then concludes:
But outside the committee room, Ikaika Hussey, a representative of Hui Pu, an umbrella group of Native Hawaiians opposed to the bill, was buttonholing people to protest the group's not being invited to participate in the hearing and the lack of public hearings on the bill in Hawai'i.

"The only hearings in Hawai'i were held seven years ago," he said. "We want to have our views heard."

The Star-Bulletin article notes that the Bush admin is warning that the bill could lead to secession (which is a misnomer anyway - no cession = no secession). But the administration is openly acknowledging the possibility of Hawaii's independence. While testifier Bill Meheula points out that those who support independence don't support the bill. Generally true, but it isn't quite that simple—I know folks who have been working for independence for years who do support the bill, but I also know many who oppose it. Meheula also characterizes the supporters of independence as "a loud, small minority." William Burgess, in his testimony against the bill, isn't so sure: "And there’s many people in Hawaii -- I agree with Bill Meheula that it’s probably a minority, I hope so -- but they have expressed a desire for independence." He's right, many people in Hawaii have expressed a desire for independence, and while it is probably a minority, it is a large enough number that he can't be sure it is a minority. (I am quite confident that the minority who agree with Burgess' positions in opposition to the bill and want to destroy all Hawaiian institutions is a lot smaller than those who want independence, but no representative of those who oppose the bill from that perspective, like Hussey, were invited to testify.)

And in a Democracy Now interview (you can read or listen to), Sen. Akaka discusses the bill, saying "there’s no way, I feel, that we'll be coming forth with asking for secession or independence using this bill," but also not denying the desire for independence among many of Hawaii's people.

Star-Bulletin also has an editorial.

Posted at 07:39 AM     Permalink      

Thu - May 3, 2007

Akaka bill passed out of House natural resources committee


Advertiser is reporting that "The House Natural Resources Committee approved the Akaka bill yesterday on a voice vote" with no amendments, and says, "The next step is for the House leadership to schedule a floor vote on the bill," and that "The bill may not find such smooth sailing on the House floor as it did in committee."

The Star-Bulletin article notes that "opponents continue to criticize the bill, saying it does not represent the views of native Hawaiians and that it will only weaken their rights."

Meanwhile, Members of the Senate Indian Affairs Committee are hearing (or have heard) the bill today.
Scheduled to testify were state Attorney General Mark Bennett; Micah Kane, chairman of the Hawaiian Homes Commission; Haunani Apoliona, Office of Hawaiian Affairs chairwoman; and H. William Burgess, spokesman for the nonprofit organization Aloha for All.

Dr. Kekuni Blaisdell, an advocate of native Hawaiian independence, said the bill attempts to describe native Hawaiians as indigenous to the United States. "But we are not indigenous to the United States. We are a separate people. We are a nation that was invaded," he said.

Ikaika Hussey, who represents Hui Pu, a coalition of native Hawaiians who oppose the Akaka Bill, said, "The bill would not accomplish its stated goal, which is to protect Hawaiian rights, and what it will do is erode existing rights."

Both Blaisdell and Hussey, who is in Washington, D.C., to testify against the bill, continue to call for more hearings to be held in Hawaii on the measure.

Note that while Hussey is in D.C. to lobby against the bill, he has not been invited to testify. No Hawaiians against the bill have been invited to testify.

Posted at 07:29 AM     Permalink      

Mon - April 30, 2007

Akaka bill editorials; House committee may vote Wednesday


Yesterday the Advertiser had an editorial on the Akaka bill, saying "No other piece of legislation has greater potential to change the political and social landscape in Hawai'i." But today the Star-Bulletin has its editorial warning of the likelihood of a presidential veto.

As the Advertiser notes:

Written testimony on S. 310 can be submitted:

By e-mail to testimony@indian.senate.gov (the subject line should read: "Hearing 5/3/07 on S.310, Testimony").

By fax to the Senate Select Committee on Indian Affairs at (202) 228-5829.

Update 5/1: Advertiser article: "The House Natural Resources Committee may vote Wednesday on a bill creating a process for a future Native Hawaiian government to gain federal recognition."

Posted at 08:53 AM     Permalink      

Voice of Truth and the Free Hawaii Broadcasting Network


Voices of Truth series schedule this week features Andre Perez, Sabra Kauka and Marie Beltran:

“A Journey Of Occupation – A Visit With Andre Perez”

Hawai`i Island – Na Leo, Channel 53
MONDAY, April 30th At 7:00 PM
FRIDAY, May 4th At 5:30 PM

“Carrier Of The Culture – A Visit With Sabra Kauka”

Maui – Akaku, Channel 53
TUESDAY, May 1st At 6:30 PM
WEDNESDAY, May 2nd At 6:30 AM

O`ahu - ‘Olelo, Channel 53
SATURDAY, May 5th At 8:00 PM

“Life On The Beach – A Visit With Marie Beltran”
Kaua`i – Ho`ike, Channel 52
THURSDAY, May 3rd At 8:30 PM
FRIDAY, May 4th At 8:30 AM

Also, on the The Free Hawai`i Broadcasting Network:
Currently, the Koani Foundation is focusing on why [the Akaka bill] would be such a disaster for the people of Hawai`i in our weekly video commentaries on www.FreeHawaiiTV.com a part of the Free Hawai`i Broadcasting Network.

This last week, we covered why virtually no one in Hawai`i has seen the latest version of the bill and the danger of buying it sight unseen.

This coming Wednesday, you’ll learn the three important things the Akaka bill does not contain as well as the one deadly thing it does.

Then over the following two weeks, we’ll cover why the US is trying so hard to get you to believe it’s no longer possible to have a Free Hawai`i and we’ll reveal some of the individuals who are behind this.

Posted at 07:49 AM     Permalink      

Fri - April 27, 2007

Akaka bill hearing - opponents to testify for first time, but what about Hawaiians?


The dailies finally noticed the Akaka Bill hearing scheduled for May 3 in the Senate Indian Affairs Committee, with an Advertiser article and a Star-Bulletin notice.

The Advertiser mentions that "H. William Burgess, a spokesman for the nonprofit group Aloha For All, which opposes the bill, said he has accepted an invitation to testify." Burgess notes that "no opponents of the Akaka bill ... have ever been invited to testify before," which makes one wonder what it would take for a representative of those many Hawaiians who oppose the bill for completely different reason and who have been outspoken against it, like Hui Pu, to get an invitation to testify.

Meanwhile, I am told that all members of the Senate, including the Indian Affairs Committee, got this notice from the Kingdom of Hawaii, and their proposed alternative version of the bill:
IPGC_Response.pdf

Kingdom's S. 310.pdf

Posted at 08:27 AM     Permalink      

Mon - April 23, 2007

Akaka Bill hearing in Committee on Indian Affairs


The Senate Select Committee on Indian Affairs will hold a hearing on the Akaka bill Thursday May 3, starting 9:30 a.m. Eastern time (3:30 a.m. Hawaii time). This announcement has been posted for at least two days on the Senate website, but in an obscure place.

Nothing in the news. Don't yet know, or they're cooperating with OHA for a possible announcement on Tuesday night on the KITV Kau Inoa infomercial (7-8 PM)?

Testimony can be submitted by e-mail to:

testimony@indian.senate.gov

Be sure to put in the subject line: "Hearing 5/3/07 on S.310, Testimony"

Testimony can also be faxed to the Senate Committee on Indian Affairs at (202) 228-5829.

Two years ago, in February 2005, the hearing was broadcast live over the Internet; presumably that will be done again, although no information has yet been posted. Last time there was a link on the Indian Affairs Committee website which went live moments before the hearing began. Note that the Senate webpage containing the hearing announcement also says that transcripts for the past several years of hearings are available.

Update 4/25: KGMB 9 has a notice.

Posted at 09:02 PM     Permalink      

Sat - April 21, 2007

A Hawaiian embassy in Washington, D.C.?


Indian Country Today covers J. Kehaulani Kauanui's talk on "The Politics of Native Hawaiian Self-Determination: U.S. Federal Policy v. International law" at Yale University on April 4. Kauanui looks at the distinct legal and political history of Hawaiians from Native American tribes, and raises many questions about federal recognition and the Akaka bill, and all the things it would not allow. Here's the conclusion:
Supporters of federal recognition say there is nothing in the Akaka Bill that would compromise or foreclose Hawaiian national claims under international law, but U.S. actions in asserting its plenary power to keep tribal nations both domestic and dependent belie that claim, Kauanui said.

Hawaiians may not be able to realize their independence right now, ''but just because you can't see it come to fruition right now doesn't mean you throw it down the toilet. You protect the claims. I'd rather stick with the status quo for the moment and work on cultural sovereignty, get the people stronger and work on educating people about their political rights,'' Kauanui said.

Under the Akaka Bill, Hawaii could never have casinos, never have criminal and civil jurisdiction, never petition the secretary of the Interior Department to take land into trust and never be able to make land claims under the 1790 Non-Intercourse Act, which would mean ''there goes those 1.8 million acres,'' Kauanui said.

No competing Hawaiian sovereignty group would have legal standing in any domestic court or at the United Nations. The Native Hawaiian government would be formed by a commission appointed by and answerable to the Interior secretary, unlike federally recognized Indian tribes who determine their own leadership and membership. And Hawaiians could not have their ow