Ka Wai Ola - Office of Hawaiian Affairs, Volume 23, Number 7, 1 July 2006 — After S.147, our mission remains the same: justice for ʻōiwi Hawaiʻi [ARTICLE+ILLUSTRATION]

After S.147, our mission remains the same: justice for ʻōiwi Hawaiʻi

Aloha e nā 'ōiwi 'ōlino, nā pulapula a Hāloa, mai Hawai'i a Ni'ihau, a puni ke ao mālamalama. On Thurs., lune 8, 2006, in the Senate of the United States, a poliīieal ehoke hold was applied to the throats of Native Hawaiians, past and present, to the throats of the thousands of supportive, decent, honorable and compassionate people of the State of Hawai'i and to the throats of the thousands of citizens across this nation, native and non-native, who have stepped forward to support Native Hawaiians in our quest for justice. The post-Iune 8 analysis reminds us that, first, the failure to secure 60 votes for cloture on the "motion to proceed" to a full and free debate should not be mischaracterized as a Senate vote against the merits of the Akaka Bill. Senate rules allow any one senator to exercise a "hold" on any measure. In the instance of a "hold," there ean be no "unanimous consent" to proceed to debate on the measure. In the absence of "unanimous consent," Senate rules require 60 votes to override the "hold." A "hold" on S . 147 was applied, thus requiring 60 votes for cloture to proceed. We should also remember that certain senators abuse the "hold" provision to raise procedural hurdles to stifle, and in this instance, stop full and free debate on the merits or demerits of proposed legislation. This procedural twist denied substantive debate on S .147 toward an up-or-down vote on its merits that would have required only 51 votes to pass. Senate opponents knew that, with the combined Democrat, Independent and Republican votes, the total would reach 51, and S. 147 would be destined for passage. The only alternative was to stop it at eloture. Senate Republican leaders, including Majority Leader Bill Frist, knew there were at least 60 votes for cloture and on lune 6 started applying extreme poliīieal pressure on their Republican Senate colleagues who intended to sup-

port cloture. The pressure was brought by Republicans upon Republicans. The Republicans, in this instance, internally divided, started to prey upon eaeh other. States with both of their senators voting "nay" were Alabama, Georgia, Idaho, Kansas, Kentucky, Missouri, New Hampshire, North Carolina, Ohio, Oklahoma, Tennessee, Texas, Utah, Virginia and Wyoming (15). States divided against themselves by splits in their senators' votes were Colorado, Florida, Indiana, Louisiana, Mississippi, Montana, Nevada, Pennsylvania, Rhode Island and South Dakota (10). Finally, we need to be mindful that 13 Republican senators, courageously and without hesitation, held their ground and joined the Democrats and the Independent in casting their votes for cloture to advance the democratic process of full and free debate to proceed. The vote to uphold open debate fell short, with 56 yeas and 41 nays. The chokehold successfully applied left us breathless - but only for a moment. We are indeed resilient. Actions in the next eighteen months will mitigate and heal these bruises and will steel our resolve for future success. This temporary setback will be just that - "temporary" and only a "setback." All the compelling reasons that have brought thousands of us, native and non-native, to this plaee in time in support of the Native Hawaiian Government Reorganization Act remain unchanged. Our mission remains the same. Advancing Native Hawaiian self-deter-mination in fairness and justice affirming the legal and poliīieal status of the "aboriginal, indigenous people of Hawai'i" in U. S. policy to protect Native Hawaiian programs that benefit Native Hawaiians and ease the resource burden of the State of Hawai'i to meet identified needs while boosting the economy of Hawai'i, providing the platform for protection of our Ali'i Trusts and ensuring Native Hawaiian leadership over Native Hawaiian assets remain the priorities. As courageous people who seek wisdom, we refuse to be victims. Kau Inoa registrations continue; we have surpassed 51,000. Plans toward Native Hawaiian self-governance proceed. We are not defeated, nor are we deterred. 20/48 m

LEO 'ELELE • TRUSTEE MESSAGES

Haunani Apuliuna. MSW Chairpersūn TrustEE, At-large