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The Honolulu Advertiser

Posted on: Sunday, May 1, 2005

ISLAND VOICES

Bill sets up process for empowerment and reconciliation

By Daniel K. Akaka

It has been six years since my colleagues and I in Hawai'i's Congressional delegation worked on legislation which would extend the federal policy of self-governance and self-determination to Hawai'i's indigenous peoples, Native Hawaiians.

My bill does three things:

• It establishes an office in the Department of the Interior to serve as a liaison to Native Hawaiians and to provide permanency to the reconciliation process.

Tell us what you think

Is it time for a vote on the Akaka Bill? Do you feel that you know enough to come to a decision? Let us know what you think. Email us at letters@honoluluadvertiser.com or send a fax to: 535-2415. Mail letters to: Letters to the Editor, The Honolulu Advertiser, P.O. Box 3110, Honolulu, HI 96802. All letters must include the writer's true name, address and daytime contact number and should be kept under 200 words and may be published or distributed in print, electronic and other forms. United States Senate
722 Hart Senate Office Building
Washington, D.C. 20510-1102

• It establishes an interagency coordinating group composed of federal officials from agencies with programs and services impacting Native Hawaiians.

• It provides a process for the reorganization of the Native Hawaiian governing entity for the purpose of a federally recognized government-to-government relationship with the United States.

Since its conception, I have reviewed all of the input received on this bill, whether through oral or written testimony, letters, meetings or phone calls.

In some instances, I have made the recommended changes. My responsibility as the principal author of this legislation is to ensure that as I address the many comments, I preserve the intent of the legislation, which is to extend the federal policy of self-governance and self-determination to Native Hawaiians.

It is my responsibility to ensure that, following discussions with all sides, we have a bill that can be enacted.

Federal legislation takes a number of years to enact. The Apology Resolution, for example, was considered for five years before it was enacted in 1993.

After six years of negotiations and responding to input on S. 147, we are now negotiating time for debate and a roll call vote on the floor.

Holding additional hearings in Hawai'i at this time would place us at the beginning of the process.

Still, I agree that continued input on the bill is necessary. This is why educational briefings on Federal Recognition by such organizations as the Office of Hawaiian Affairs, Council for Native Hawaiian Advancement, Association of Hawaiian Civic Clubs and State Council of Hawaiian Homesteaders are so important.

These gatherings provide opportunities for Native Hawaiians and non-Native Hawaiians to understand and discuss the bill. They are helping to lay the groundwork for the bill's implementation upon enactment.

Share your views

Let your U.S. senators know what you think. Here's how to reach them:

U.S. Sen. Daniel Akaka

senator@akaka.senate.gov

Phone: (202) 224-6361

Fax: (202) 224-2126

Address:

United States Senate
141 Hart Senate Office Building
Washington, D.C. 20510-1103

U.S. Sen. Dan Inouye

Senator@inouye.senate.gov

Phone: (202) 224-3934

Fax: (202) 224-6747

Address:

United States Senate
722 Hart Senate Office Building
Washington, D.C. 20510-1102

For me, what distinguishes this bill is that its aim is not a predetermined outcome but a process; a process that furthers empowerment and reconciliation.

I have been approached by many people — opponents and proponents alike — who want me to add provisions which would predetermine the outcome of the reorganization process for the Native Hawaiian governing entity.

The federal policy of self-governance and self-determination is based on the concept that native peoples are best able to manage their resources for themselves.

Following recognition of the Native Hawaiian governing entity, negotiations between the entity and the federal and state governments will begin to address the potential transfer and control over lands, natural resources and assets and the exercise of governmental authority by the Native Hawaiian governing entity.

This is the structured process that we have needed in the past to address longstanding issues resulting from the overthrow of the Kingdom of Hawai'i.

This discussion has been avoided for far too long because we have not known how to address the emotions that arise when these matters are brought up. There has been fear as to what the discussion would entail, causing people to avoid the issues.

Such behavior has led to high levels of anger and frustration as well as misunderstandings between Native Hawaiians and non-Native Hawaiians.

This structured process, which is inclusive and empowers the people of Hawai'i, is necessary to alleviate the growing mistrust, misunderstanding, anger and frustration about these matters.

This process will unite rather than divide the people of Hawai'i.

I am saddened by the efforts of those who have tried to garner opposition to the bill by exploiting the fear and frustration of individuals who are not familiar with the bill.

I am proud of the delicate balance the bill achieves between providing structure and allowing flexibility for Native Hawaiians to determine the outcome of their reorganized governing entity and interested parties to be represented in the negotiations process mentioned.

State and federal laws will need to be amended to implement the outcome of the negotiations.

As I have stated over and over, this bill sets up a process — one that is inclusive, one that empowers citizens and one that fully utilizes our democratic system.

It is wrong for us to predetermine the outcome of this process. For that reason, I have rejected suggestions to include provisions which would, for example, limit jurisdiction, determine membership criteria in the entity, or address land issues.

I have confidence that this bill is flexible enough to provide for appropriate participation by all interested parties in a process that will move us all forward as we strive to provide a better future for the children of Hawai'i.

Daniel Akaka is a U.S. Senator for Hawai'i.