Ka Wai Ola - Office of Hawaiian Affairs, Volume 20, Number 3, 1 March 2003 — Implications of the 'Akaka Bill' [ARTICLE+ILLUSTRATION]

Implications of the 'Akaka Bill'

John D. Waihe'e IV Trustee, At-iarge

Editor's note: The following article is based on a testimony given by Keoni Agard on February 12, 2003 to the OHA Board of Trustees. lt has been edited for space. As a native Hawaiian attorney, I have studied the history regarding the illegal occupation of the kingdom of Hawaivi by the U.S., reviewed countless documents to understand the circumstances under whieh these actions took plaee, studied the history of other native peoples who lost their government, land and resources to the U.S. I further support the argument that Native Hawaiians have a strong legal case for international standing in that we have concrete evidence in the form of countless treaties with other nations, the 1897 AntiAnnexation Petitions, the Queen's protest, the Blount report and

President Cleveland's message to Congress and mueh more that clearly acknowledge the Nation of Hawai'i. My legal analysis is that the U.S. has illegally occupied the Nation of Hawai'i in violation of international law. Native Hawaiians are under the illusion that our historical relationship with the U.S. impacts our legal cases. However, the U.S. Supreme court is charged with looking to constitutional law, specifically the 14th Amendment, and totally ignores our history and international status. There was purposeful perpetration of a myth that the U.S. Congress has plenary powers to legislate on our behalf. As a native Hawaiian, I ask OHA trustees to apprise the U.S. Congress of the legal quagmire that the U.S. has placed on Native Hawaiians and the 50th State. This quagmire demands that the U.S. Congress

accord the Native Hawaiian people the right to maintain their programs through a "nation-to-nation status" under the protection of the U.S. state department as an interim measure. The U.S. government will find that the commerce clause offers no constitutional authority or legal protection for any Congressional legislation on behalf of Native Hawaiians based on the unique status that Native Hawaiians possess. I ask the OHA trustees to demand immediate federal recognition upon the effective date of passage of the Akaka Bill, as part of a continuing but fair and meaningful redress for over 100 years of dispossession and attempted taking of our ancestral lands. Additionally, the Akaka bill should be limited only to federal recognition as a temporary measure, with written assurances that there is no extinguishment of our rights or entitlements under international law.

The requirement that we take domestic dependent nation status should be dropped due to our unique circumstances (of already having achieved international recognition status) and that all future funding for our programs from the federal government should be classified as foreign aid. Then Native Hawaiians cannot be sued under the 14th Amendment. Regardless if the Akaka Bill passes or not, OHA needs to fast track our nahon. OHA must work to strengthen the Native Hawaiian initiative. OHA must lead by offering finaneial resources to kokua in uniting the Hawaiian community. OHA must start the process so that we ean transition to reinstate a governing entity before court decisions are rendered within the next 2-3 years. ■