By Yasmin Anwar
Advertiser Staff Writer
The Office of Hawaiian Affairs is poised to spend millions of dollars in what could rank as the state agency’s most ambitious publicity campaign to gain federal recognition for Hawaiians and deflect court challenges that threaten its very existence.
Called the "Post-Rice Overall Strategy" in the aftermath of the landmark Rice vs. Cayetano case, the proposal amounts to a blitzkrieg of local and national public relations efforts intended to "protect Hawaiian rights and programs, protect Hawaiian assets and rebuild broad-based support for a Hawaiian agenda," according to a draft copy of the strategy.
"It’s what OHA should have been working on all along," said Haunani Apoliona, the agency’s chairwoman. "It’s not about advancing OHA, it’s about advancing the interests of all Hawaiians."
Though OHA trustees will not say what they expect the campaign to cost, unofficial estimates range from $2 million to $9 million. The agency has an investment portfolio worth more than $350 million. By a majority vote, its trustees have the final authority to spend money on projects they deem appropriate to fulfill the agency’s mandate.
A major catalyst for the plan is a federal lawsuit known as Barrett vs. State of Hawaii, which seeks to eliminate Article 12 of the Hawai‘i Constitution. The section created OHA, adopted the federal Hawaiian Home Lands program and laid the foundation for native gathering rights on private property.
A draft document of the plan divides OHA’s strategy into three categories: legislative/political, education and litigation.
On the legislative front, OHA trustees are trying to win bi-partisan Congressional support for Hawaiian self-determination. One avenue is U.S. Sen. Daniel Akaka’s Native Hawaiian Recognition bill, which died in the 106th Congress.
'Rebut negative messages'
Relating to education, the plan proposes to educate opinion-shapers and policymakers about the plight of Hawaiians and "rebut negative messages."
Tomorrow, trustees will discuss whom to place in charge of the education campaign, and how much to pay for it.
As for litigation, the plan broadly proposes to protect existing programs, rights and assets, but does not disclose details of OHA’s legal strategies. Already, OHA has committed an initial $200,000 to fighting the Barrett lawsuit.
The agency also faces a lawsuit from former Republican lawmaker John Carroll, who contends that OHA money is used for racially discriminatory purposes. However, Carroll has said he is considering withdrawing that lawsuit to pursue legislative alternatives.
OHA was created in 1978 as an amendment to the state constitution to improve the conditions of Native Hawaiians. Its major source of money is revenues from former crown lands that have been turned into a public land trust.
But Big Island cattle rancher Harold "Freddy" Rice threw its constitutionality into question when he successfully sued for his 15th Amendment right to vote in OHA elections. In response, the U.S. Supreme Court invalidated OHA’s Hawaiian-only elections, finding it to be a state agency bound by the U.S. Constitution.
That left OHA vulnerable to more challenges and spurred Akaka to introduce a bill that provides a process for Hawaiians to form a sovereign governing body to do business with the United States. Senior congressional staff were in Hawai‘i last week in a renewed effort to gain local support for the measure.
Higher approval ratings are particularly critical as the agency braces for a scathing state audit that accuses trustees of failing to provide the leadership needed to improve the lives of Hawaiians.
"There’s a lot at stake, and we need to bring more people over to our side," said John Waihe‘e IV, one of eight OHA trustees who voted to approve the Post-Rice plan last week.
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