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The Honolulu Advertiser
Posted on: Sunday, June 4, 2006

Hawaiian recognition will involve everyone

The fate of the controversial Native Hawaiian federal recognition bill could be decided in the coming days, with the U.S. Senate poised to bring the measure known as the Akaka bill to the floor for debate.

And while Hawai'i residents won't cast a vote in that decision, other critical decisions will be made on the home turf. Now would be the perfect time to reflect on what the result could be, and on our collective role in shaping it.

The Native Hawaiian Government Reorganization Act sets in motion an open-ended process, but it is not a process that lies outside the influence of all citizens. To some extent, Hawai'i residents have already voted to extend a measure of self-determination to Hawaiians by approving a slate of state constitutional amendments after the 1978 Constitutional Convention. The Akaka bill would add the federal imprimatur to this, but the process — and the influence of the general public — does not end there.

Nobody knows for certain what form this Hawaiian government will take. Congress will weigh in again before that political entity receives formal recognition.

Negotiations among federal, state and Hawaiian leaders will then work on a settlement — an accord that can't be inked without the approval of our elected representatives in the Legislature and in Congress. Indeed, constitutional changes may be required, which means all citizens will have a direct vote in the process.

All of that lies in the murky future, and that's why many voters feel uneasy. Governments can't always avoid venturing into uncharted territory, and while any future settlement may comprise land and money, its parameters are unknown.

Amendments to the Akaka bill sought to respond to critics and narrow the powers of any future Hawaiian entity. One wise change specifically states that the bill does not authorize gambling. While this does not preclude gambling, any movement in that direction would require further changes to state and federal law. Another change shortens the time frame for Hawaiian claims to be filed, reducing some of the uncertainty.

Such changes will help keep the process focused on resolution rather than festering endlessly.

And enactment of the Akaka bill could help end lawsuits challenging established Hawaiian programs, a more immediate benefit.

With collective guidance, the process envisioned by the Akaka bill could finally move Hawai'i beyond the pains of its past, toward a future that its indigenous people could help direct.

Let's hope the Senate will let this process begin.