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The Honolulu Advertiser
Posted on: Tuesday, August 21, 2007

Civil Rights panel's push for briefings disputed

StoryChat: Comment on this story

By Derrick DePledge
Advertiser Government Writer

Hawaii news photo - The Honolulu Advertiser

Gerald Reynolds, a Kansas City, Mo., attorney appointed to the U.S. Commission on Civil Rights, sat in on a public briefing on the Akaka bill yesterday at the state Capitol.

DEBORAH BOOKER | The Honolulu Advertiser

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The chairman of the U.S. Commission on Civil Rights said yesterday the commission has no plans to reconsider its opposition to a Native Hawaiian federal recognition bill before the bill is expected to come before Congress later this year.

Gerald Reynolds, a Kansas City, Mo., attorney appointed to the commission by President Bush, also said the commission and its staff is not attempting to dictate the agenda of its Hawai'i advisory committee, which began a series of public briefings on the bill yesterday afternoon at the state Capitol.

The commission's staff in Washington, D.C., had urged the Hawai'i advisory committee to schedule the public briefings, and had contacted expert panelists and set in motion the public notice requirements, before committee members had agreed. The committee adopted the briefing schedule during a conference call with the commission's staff in Washington, D.C., last Wednesday, although a few committee members complained the process was rushed.

"The commission has no business directing any (state advisory committee) to do anything. We can have conversations. We can make recommendations. But we cannot dictate anything," said Reynolds, who traveled to the Islands in part to answer criticism about the commission's role in setting the committee's agenda.

Complaints about the process arose again yesterday, with several people asking about the need for public briefings in Hawai'i when the commission has no plans to reconsider its opposition. The Hawai'i advisory committee has supported the bill, known as the Akaka bill for its sponsor, U.S. Sen. Daniel Akaka, D-Hawai'i, but several new members were appointed in July who share the commission's belief that it is unconstitutional because it is based on race.

'ITS OWN AGENDA'

Some Akaka bill supporters believe the briefings are being staged in the hopes the committee will take a new vote and oppose the bill, which could be used by the commission and Republicans in Congress to help block its passage.

The state's congressional delegation — Akaka, U.S. Sen. Daniel K. Inouye, U.S. Rep. Neil Abercrombie and U.S. Rep. Mazie Hirono, all Democrats — wrote a letter to the commission last week describing the briefings as "highly irregular and counter-productive."

"It would almost appear that the commission has its own agenda and its own timetable, that it considers more important than ensuring that the (Hawai'i advisory committee) members are properly prepared and available to perform their important functions," the delegation wrote.

Reynolds said the briefings would give new members on the committee the opportunity to hear arguments for and against the bill. He said state advisory committees across the country have been reconfigured through term limits and now reflect more balanced viewpoints. The Hawai'i advisory committee had been strongly in favor of the Akaka bill, but many suspect a new vote would be close.

ABOUT THE BILL

The Akaka bill would recognize Native Hawaiians as indigenous people with the right to self-government, similar to American Indians and Alaska Natives. The bill, which has been before Congress since 2000, would create a process for Hawaiians to potentially have more authority over land and cultural decisions.

Gov. Linda Lingle, the congressional delegation, the state Office of Hawaiian Affairs, and much of the state's political establishment is in favor of the bill, but many conservatives oppose it as unconstitutional because it classifies people based on race. Some Native Hawaiians who want more independence — and those who want the restoration of the Hawaiian kingdom — oppose the bill as capitulation.

Most of the 17 members of the advisory committee have already taken a position on the bill, so the briefings may have the most influence on the few who say they are undecided.

State Attorney General Mark Bennett, a supporter, and Roger Clegg, of the Center for Equal Opportunity in Virginia, an opponent, spoke yesterday. Bennett argued that federal recognition is political, not racial, and is up to Congress to decide. Clegg countered it would give Hawaiians preferential treatment based solely on their race.

Public briefings are planned for tomorrow on Maui, Sept. 7 on Kaua'i, Sept. 10 on the Big Island and a newly scheduled Sept. 12 meeting on O'ahu. An orientation and briefing for the committee is also set for Sept. 5 at the Hilton Hawaiian Village.

"It's very important to educate the public," said Michael Lilly, a former state attorney general and the committee's chairman, who wanted the additional briefing. "Second, it's also to educate the panel. I've learned a lot, even as a lawyer."

Vernon Char, a committee member who is undecided, said he has thought about the Akaka bill over the years but has never been forced to take sides. "I want to listen to all of the testimony that is proffered before making a commitment," he said.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.