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The Honolulu Advertiser
Posted on: Tuesday, September 20, 2005

Akaka amendments preserve bill's intent

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Making a kind of triage decision, supporters of the Akaka Hawaiian recognition bill have taken the only realistic option in their bid to get it passed.

That decision — to accept a set of substantial amendments to the bill — has stirred up unhappiness among some Hawaiians, but it may not radically shorten the roster of its supporters. Those distressed by the amendments are mainly people already opposed to the measure.

Other foes who feared the bill would create special privileges for Hawaiians will be somewhat mollified by the new wording. It makes it clear that Native Hawaiians would be governed by the same criminal and civil laws as other residents and that they would not have special allowances to develop gambling establishments in the state.

It's always been unlikely that Hawaiians could use the bill as leverage against military interests in the state, but the refined language makes it crystal clear that they will have none.

The most contentious change involves prospective claims. The revisions preclude Hawaiians from becoming a new class of litigants who could sue the government on the basis of their nationhood. Any settlement for land or assets now held by the state or federal government would have to occur at the negotiation table, not in the courtroom.

Whether or not this seems fair may be debatable, but it's a moot question. The Bush administration is not going to yield on that point. Many already have said that the omens for a more favorable outcome were better under Clinton than under a Republican White House.

The fact is that Hawaiians are in a supremely weakened bargaining position. Recent decisions in the Kamehameha Schools case, as well as in the Arakaki suit have made securing some kind of legal protection crucial if any Hawaiian entitlements are to be protected. And despite the hopes expressed by the minority of independence advocates, no relief through international courts seems likely to occur.

While prospects for the bill remain tenuous at best, it's at least encouraging that the administration has hammered out this deal. Nothing would be more helpful at this point than a clear declaration of acceptance, if not support, from the White House.

The essence of the bill — establishing with finality that Hawaiians have a political status within the federal structure — has been preserved, and is still worth the struggle.