Do we want a Native Hawaiian government to government relationship with the U.S?
The Department of Interior (DOI) created a “pathway” via Part 50 Rule (FR50) setting procedures for re-establishing a formal government to government relationship between a Native Hawaiian Nation and the U.S.
These rules, promulgated after extensive hearings, resulted in the majority of Hawaiians (via in-person/written testimony) expressing widespread support for a government to government relationship with the U.S.
The discourse below outlines OHA Hawaii candidates, Trustee Robert (Bob) Lindsey and Mililani Trask’s response to FR50.
OHA Chair Lindsey is former legislator and asset director of Kamehameha Schools with a business degree. Trask, attorney/founder of Ka Lahui, resides in Hilo, has advocated for Hawaiians and hails from a family of Trasks who have incessantly fought for civil liberties.
In September, I met with Bob personally at his Waimea home. Unlike reports to the contrary, Bob appeared in excellent health. Greeting me warmly at the front door, his gait was lively and he was attentive addressing my queries in detail.
Mililani responded by written/verbal communication and referenced her Sept. 16 Star-Advertiser commentary as she was unable to meet because of two scheduling conflicts.
Question: Response to FR50?
Lindsey: I am elated. FR50 is good for Hawaiians and Hawaii. Hawaiians, the largest indigenous group in the U.S, can now choose a government to government relationship with the U.S., putting them on “equal par” with other native groups.
If they choose this pathway Hawaiians will remove themselves from the auspices of the 14th Amendment, which has resulted in race-based attacks on its institutions (i.e. Kamehameha Schools, OHA), assets, ceded lands, etc. FR50 moves Hawaiians from a race to a political classification resulting in Hawaiians negotiating terms (land, education, etc.) as a Nation of Hawaiians, rather than a Race of Hawaiians.
Similarly, being exempt from the 1st Amendment, Hawaiians can freely exercise their “land based/elements” religious practices, not recognized by the U.S. Constitution.
FR50 is good for Hawaii because Hawaiians will control resources like education, housing, income. Commanding their life processes generates happiness, self-esteem — building blocks for positive self-identity creating an affirmative ripple effect on political/economic/social institutions of Hawaii and the World.
Trask: DOI Rule is BS. I do not support a state/federally created Hawaiian Nation. I do support the formation of a Hawaiian Nation by Hawaiian Peoples under our right of self-determination. Under this definition, the new federal rule announced by the DOI is a denial of the Hawaiian Peoples’ right to self-determination.
First step towards sovereignty is education, to get everyone on the same page. The Hawaiian Educational Council sent two proposals to OHA for this but both were kept from the Trustees and the Kanaiolowalu Board.
FR50 … makes it clear that the Hawaiian Nation will have none of the powers and authorities currently granted by the U.S to the Indian nations. Recognized Indian nations control their own lands, territories and resources. They have the power to zone their lands for economic undertaking and for construction of housing, schools and medical facilities … raise revenues through taxation …
Question: Assuming a Native Hawaiian Nation is re-established, and Hawaiians exercise a government to government relationship with the U.S., how does OHA anticipate transference of assets to the Hawaiian Nation?
Lindsey: OHA’s current strategic plan includes transfer of its land/assets to the Native Hawaiian government. Additionally, HRS 6K-9 states, “the State shall transfer … the island [of Kahoolawe] and its waters to the sovereign native Hawaiian entity upon its recognition by the U.S. and the State of Hawaii.” This is a start of the Native Hawaiian land base that is reasonably expected to grow.
Hawaii law acknowledges Hawaiians as “indigenous peoples” with distinct rights under the state/federal Constitution/UN Charter. Once re-established, this Native Hawaiian Nation can negotiate with governmental entities (federal/state/county) for the transference of land to the Hawaiian Nation.
Trask: Read the Frequently Asked Questions (FAQ). State/federal lands in Hawaii cannot be transferred to the “New Nation,” the only land base will be Kahoolawe. In the first FAQ, the DOI says only Kahoolawe. In the second, they say no state or federal lands. Its pretty clear The OHA strategy is not allowed under the DOI Rule.
Do we want a Native Hawaiian government to government relationship with the U.S?
Lindsey says Yes. Trask says No.
My view: FR50 requires that Native Hawaiians have an “intact” Nation which includes (1) Certified Roll of Native Hawaiians; (2) Constitution. Kanaiolowalu has a Certified Roll of 120,000 Hawaiians. A Constitution drafted at the February 2016 Aha is pending 2017 ratification.
Once the Nation is established, FR50 requires an election by its electorate. To be recognized by the U.S., approximately 30 percent of the minimum baseline population must be more than 50 percent Hawaiian. Consequently, assuming 30,000 of the Native Hawaiian electorate vote in favor of federal recognition, 9,000 (30 percent) of this 30,000 must be more than 50 percent Hawaiian.
Both candidates have expressed their choice.
Now, the choice is yours.
Lei Kihoi resides in Kailua-Kona. She is a former appeals, Constitutional, legislative attorney, rancher and commissioner, Native Hawaiian Roll Commission, Kanaiolowalu.