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The Honolulu Advertiser
Posted on: Monday, October 29, 2007

COMMENTARY
Hawaii needs federal recognition law now

By Haunani Apoliona

The U.S. House of Representatives vote in favor of the Native Hawaiian Government Reorganization Act of 2007 is a significant step in exercising our inherent right to self-determination that will lead to a better Hawai'i.

We thank Hawai'i's representatives, Neil Abercrombie and Mazie Hirono, for their efforts in making successful passage of H.R. 505 the 1,000th vote of the year, a U.S. House record. And we applaud their exemplary action and persuasive debate on the floor, fighting off attempts to falsely label this legislation as "race based" and, therefore, unconstitutional.

We look forward to Sens. Daniel Akaka and Daniel Inouye leading the charge in the Senate to approve the companion measure, S310. They have also passionately worked for passage as recent as 2006. Despite setbacks, our delegation has persevered because this issue is vitally important to every single resident in the state of Hawai'i and especially important to Native Hawaiians.

We also thank Gov. Linda Lingle who has long maintained that "what is good for Hawaiians is good for Hawai'i." The governor and members of her administration, including our state attorney general, continue to be vocal and not deterred in challenging the misinformed conservative "think tankers." Her administration's outreach to Republican leaders, including Oklahoma Rep. Tom Cole and others, have contributed to the success.

These 39 Republican House members who voted in favor of H.R. 505 rejected erroneous White House statements and joined Hawai'i's political leadership by exhibiting bipartisan support for the bill.

And while the vote was significant, we are not blind nor naive to the roadblocks ahead.

We are disappointed by the White House statement regarding federal recognition as it repeats the erroneous theme that this legislation is "raced based."

American Indians and Alaska Natives are already recognized as groups that are not defined by reference to race or ethnicity, but by the fact that their ancestors exercised sovereignty over the lands and areas that subsequently became part of the United States.

The same should apply to America's other native group, Native Hawaiians. The Akaka bill is not based on race. It is based on our unique history as aboriginal, indigenous native people and our special legal and political status.

We are appalled at the conduct of the U.S. Commission on Civil Rights and its legally flawed and highly political decision last year against federal recognition. That shameful, patchwork report, which lacks credible substance, is the banner and rallying cry for opponents. The Washington, D.C., reach into Hawai'i by the USCCR in its extended attempts to defeat the bill is made transparent by the stacking of the membership of the Hawai'i State Advisory Committee to the USCCR with anti-Hawaiian litigators like H. William Burgess and supporters of the Grassroot Institute of Hawai'i.

In Wednesday's House debate we listened to Rep. Lynn Westmoreland of Georgia speaking in opposition to the bill, describe the Grassroot Institute as "nonpartisan" and touting a Grassroot poll as credible evidence that most Hawai'i residents oppose the bill.

We appreciate Rep. Abercrombie for citing for both colleagues and C-SPAN viewers, the specific, misleading question, successfully discrediting this "push" poll by Grassroot Institute of Hawai'i.

He immediately cited credible polls, which consistently find the majority of Hawai'i residents support federal recognition.

Now that the bill has passed the House, be prepared to hear the Grassroot types regurgitate false claims in the attempt to fan fears that the bill will result in secession, bring gambling and result in residents losing their private property. No veracity to their claims — they know it. It's because of the litigators that we are in this situation to begin with. Federal recognition will provide a key shield against the rash of federal litigations filed since Rice v. Cayetano, which ripened the diabolical plan to erode and eliminate Hawaiian programs and assets once and for all.

We know that these attorneys are out prospecting for future clients to attack the Kamehameha Schools, DHHL and OHA, and also strike down the $70 million a year in federal funds that flow into our state and are used for programs serving Hawaiians that benefit all of Hawai'i. If these programs are struck down and unfunded, state resources will need to fill those gaps in service and be significantly diverted — another reason Hawai'i needs federal recognition now.

Haunani Apoliona is chairwoman of the Board of Trustees for the Office of Hawaiian Affairs. She wrote this commentary for The Advertiser.