I apologize for the delay in getting back to you, so much is going on even during the interim here at Representative Jordan’s office. I intend to catch up with Uncle Black, but haven’t had a chance to stop by his house yet. I’m sure you already know that SB 1520, SD2, HD3, CD1 was signed into law by Governor Abercrombie as Act 195. The bill establishes a 5-member Native Hawaiian roll commission within OHA for administrative purposes only. The Native Hawaiian roll commission has certain responsibilities as set out on page 7-8 of the bill attached. The bill requires the governor to appoint the members of the Native Hawaiian roll commission within 180 days of July 7, 2011. The Governor issued a press release setting the deadline of August 5, 2011 to submit an application for consideration to the Native Hawaiian roll commission. The commission is tasked with preparing, maintaining, certifying, and publishing a roll of qualified Native Hawaiians. The publication of the roll is intended to facilitate the process under which qualified Native Hawaiians may independently commence the organization of a convention of qualified Native Hawaiians for the purpose of organizing themselves. The Native Hawaiian roll commission will be dissolved once its work is completed.
The most difficult question for me to answer is your last question about how this works/not works in the native Hawaiian communities for 50% plus blood quantum (DHHL). Based on the definition of a qualified Native Hawaiian, it does include an individual who is/was eligible in 1921 for programs authorized by the Hawaiian Homes Commission Act or a direct lineal descendant of that individual. There is no requirement that the Native Hawaiian roll commission comprise a native Hawaiian of 50% plus blood quantum or even a Hawaiian of any blood quantum. The main focus was that the Native Hawaiian roll commission have a member from each County and one member will serve at-large. Since native Hawaiian communities for 50% plus blood quantum comprises a minority group among the Hawaiian population, it would seem that their voice could be a minority in this process, but that would depend on whether a concerted effort is made to enroll in the native Hawaiian communities with 50% plus blood quantum. Once the roll is completed, there is no guarantee that the voice of native Hawaiian communities of 50% plus blood quantum would be protected, but again it depends on the efforts made to encourage the participation of native Hawaiian communities with 50% plus blood quantum.
Sections 7-9 on page 11-12 of the bill should protect the existing rights and privileges of native Hawaiian communities with 50% plus blood quantum. On the other hand the section that concerns me the most with this bill is Section 3 on page 12. Our office expressed concern with this section being included in the bill because it states that “The Hawaiian Homes Commission Act, 1920, shall be amended, subject to approval by the United States Congress, if necessary, to accomplish the purposes set forth in this Act in a manner that is expeditious, timely, and consistent with the current needs and requirements of the Native Hawaiian people and the current beneficiaries of the Hawaiian Homes Commission Act, 1920.” In other words, if a decision were made to amend the Hawaiian Homes Commission Act to lower the blood quantum requirement, this proposal could then be forwarded and considered through the legislative process. The proponents of the bill and DHHL feel that the community will have a say because any amendments will need to go through a legislative process. While this statement is true, our office still believed that this provision was unnecessary and would have preferred that native Hawaiian beneficiaries were consulted prior to enactment of this law. The proponents of the bill feel that this issue has been under consideration for a long time and a first step was necessary in light of the failure of the Akaka bill up to this point. Again, the position of our office as reflected in the House Draft 3 version of the bill was to recognize native Hawaiians and then go out to the native Hawaiian community to discuss the next step.
I hope this provides some clarity on the bill.
Lehua Kinilau
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Non of what is being said here is anything new to me or Maoliworld. In this open forum I have talked and argued endlessly about what's to happen should we go ahead with the State's Recognition.
Again just as it was before previous to the OHA election, we grappled with should we dive into the fire or play it cool! We dove, I did too! I attended every meeting there was all of the islands in 1978-9 and opposed 99% of the OHA candidates based on the bloodquantum definition.
In this instance we have a strong chance of loosing our homes on DHHL to OHA and their associates which of course is the Republic of Hawaii and their Organic Act once again. Which again--is nothing new to us.
I do differ with Lehua, however, on the fact that we are the minority--but she might have a point! We have the somewhat bulk of the native Hawaiians population on DHHL ---but then I am counting the children which they are not part of the roll! We lost our successorhips again, for this has happened many times before this.
Again that Act 195 is nothing new to me because we had similar findings with the OHA vote roll. And we lost it to the non native communities which in fact was anticipated to happen at the time of the 1978 con con. We lost the one man vote to the Sanford B. Dole supporters of the Organic Act. Again, nothing new is happening today.
Eventually, we will go from state recognition to fed recognition the strategies are to do away with DHHL in a plausible way and it is happening as we speak. I have no answers to this problem.
We don't need to lower the bloodquantum because we have children! But, this roll will deem our children as non existent. This happened to Alaska in 1984, and native Alaskans did not know that they had agreed to this situation until it was at their door steps and in everyone elses mail boxes too. When it did happen and they had a reality check ...they worked to change the process to regain their successorship.
Keep in mind I asked Lehua to do an analysis because she has the intelligence to speak to our people, even if they are not physically listening the voice is rythmic. She is doing an analysis for the me so that Uncle Black can be informed of the true nature of things. I just wanted to be sure that she speaks to Uncle Black, I have to follow his protocol for I have not deviated from Hoala Kanawai since it's first talk back in 1974. I just messed up on the OHA 'voting' --my participation that is!
Voting is for WASP both female and male. I should have understood that, but instead I got caught up in wanting to be with our people in the frenzie no less. No can help, I was super young and without true understanding of 'one man one vote' as oppose to our traditions and values in our native Hawaiian protocol. Which you can now tell by now that I am trying to follow.
I have a voice of my own so that is out there in the public too. I am a very private person so my family and friends are surprised, me too.