By Yasmin Anwar
Advertiser Staff Writer
A bill that would enable Hawaiian homesteaders to democratically elect their own governing body and exercise "community-based self-determination" on their lands is quietly gliding through the state Legislature with minimal opposition.
Although such a governing body might hold little more power than officials of a condominium association, the idea behind the measure — which cleared the House Finance Committee yesterday — is to give Hawaiian homesteaders more control.
"It’s been said that Hawaiian Homes is too paternal," said Raynard Soon, chairman of the state Department of Hawaiian Home Lands. "We really need to bring decision-making down to the community, and this is the bill to accomplish that."
But that’s not the sole purpose of the measure, whose companion bill was passed Monday by the Senate Judiciary Committee.
The state Council of Hawaiian Homestead Associations came up with the bill as an amendment to the 1920 Hawaiian Homes Commission Act, a federal action that set aside roughly 200,000 acres for people with at least 50 percent native blood.
They are asking for a reaffirmation of that federal recognition, particularly in the face of court challenges that threaten the program’s existence.
Some Hawaiian groups oppose the bill on grounds that it serves only those who qualify for homesteads because of their blood quantum.
But the bill’s supporters say the measure intends to be inclusive and is just one more "canoe" paddling for federal recognition to protect Hawaiian assets.
Honolulu resident Patrick Barrett has filed a federal lawsuit contending that Article 12 of the Hawai‘i Constitution violates the 14th Amendment’s guarantee of equal protection under the law for all citizens.
The amendment created the Office of Hawaiian Affairs, adopted the Hawaiian Home program and provided for native gathering rights on private property.
"People may look at this as another federal recognition bill, but if that’s what it takes to protect us from 14th Amendment challenges, then so be it," said Tony Sang, chairman of the state Council of Hawaiian Homestead Associations.
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