Akaka Bill backers like the new oddsThe U.S. Senate's 58 Democrats should lift the measure's chancesBy B.J. Reyeshttp://www.starbulletin.com/news/20081222_akaka_bill_backers_like_the_new_odds.htmlPOSTED: 01:30 a.m. HST, Dec 22, 2008The arrival of a new Democratic administration in Washington, coupled with Democratic control of Congress, has given renewed hope to supporters of federal recognition for native Hawaiians."The results of the presidential and congressional elections open a window of opportunity for native Hawaiian initiatives and Hawaii initiatives," Office of Hawaiian Affairs Chairwoman Haunani Apoliona said in her recent State of OHA speech. "Based on previous expressed support for the Akaka Bill by President-elect (Barack) Obama, a smoother and timely passage and enactment of the Native Hawaiian Government Reorganization Act is anticipated."During his campaign, Obama said he would support native Hawaiian recognition if a bill were to reach his desk.The legislation would allow for the formation of a governing body for native Hawaiians, similar to that of American Indians, that would negotiate with state and federal governments over land and other resources.Opponents say the measure is racially discriminatory and divisive. Native Hawaiian sovereignty groups also oppose the legislation, saying it does not go far enough to grant Hawaii independence from the U.S. government.To date, no version of the Akaka Bill -- named after its primary sponsor, U.S. Sen. Dan Akaka (D, Hawaii) -- has made it out of Congress.Although the U.S. House this year approved a version of the bill, it stalled in the Senate, where Republicans have stalled the measure time and again. Additionally, President Bush has opposed the legislation.Two years ago, Akaka attempted to bring the bill to the Senate floor for an up-or-down vote by the full chamber. The motion fell four votes shy of the 60 needed to force a vote.But Nov. 4 brought change to Capitol Hill. In addition to Obama's victory, Democrats also will control at least 58 of the 100 seats when the next Congress opens."I am looking forward to working with President-elect Obama and meeting with my newly elected Senate colleagues to discuss my bill and the many other important matters that will come before the upcoming Congress," Akaka said in a statement provided by his office. "The U.S. has formally recognized American Indians and Alaska natives and should provide parity for Hawaii's indigenous people."Jon Van Dyke, a constitutional law professor at the University of Hawaii who supports the Akaka Bill, said "the stars seem to be aligned" in the bill's favor. "With the increase in Democrats in the Senate, plus some of the key Republicans that have always supported it ... still there, it seems like the votes should be there to pass it," he said.Because of the new Congress, the legislation would have to be reintroduced and go through the formal hearing process again in both chambers. Akaka said he plans to introduce a bill .At least one opponent said he does not expect the Akaka Bill to be a priority for lawmakers when they convene the next Congress. Given the country's financial troubles and the focus likely to be paid to an economic stimulus plan, any discussion of the Akaka Bill would be best left for several months down the road, said Richard Rowland, president of the Grassroot Institute of Hawaii."I don't think that Mr. Obama and his administration want to use any of their capital on this," Rowland said. "Why should they? From their standpoint it looks like they've got it as a slam dunk."So why wouldn't they wait till next September or October, or even 2010?"In the meantime, the institute, which opposes racially based preferences, will continue to inform the public about the bill, he said."My feeling is that with some more education -- education on what the implications are -- that rational people can all look at it and say, 'This is just not very healthy,'" Rowland said.................................................................................................................Keep the Door Open!!We support those who support protecting the ‘entitlements’ programs, but Keep the Door Open!But foreclosing the options available to us by our right of self-determination – specifically, our native right to be an independent nation, we cannot support!We have the doctrine of consent in our favor - in addition to our prior recognition as an independent government.We have never consented to a political accommodation with the United States.If we consent by agreeing to go along with this bill that limits our right to self-determination to the confines of domestic federal law - we will have given consent, and we will no longer be able to argue that point.Right now we can argue that our right is being violated under several conventions, such as the one on civil and political rights.If we go along with the bill as is, we will not be able to do that. We will become a dependent population within the nation state. We will be more than the "ethnic group" they are trying to categorize us as now, but we will not be a "peoples" within the general international norms.And finally, if we become a dependent nation within a nation, we will not be able to utilize the principle of intervention – that is, other countries will not interfere with the internal squabbles we have with the nation of the U.S.A.(This has been the case with the Lakota and the Navajo.)Bottom line…MEANINGFUL RECONCILIATIONWe want to save the entitlement programs, but his can be done as part of the Reconciliation process.We should not have to go so far as to give up our right to be independent, to restore our status.Real reconciliation vs. the Akaka billThe nation of Hawai'i was:* Recognized as an independent sovereign state.* Recognized as a member of the world family of nations.* Recognized as an equal party to more than 25 treaties, including treaties with the United States.* Recognized as an independent nation with over 90 consulates worldwide.Apologies can be very powerful, and within the Native Hawaiian culture they are treated with great respect and promise. It has been a decade (15 years) since the United Church of Christ and the United States apologized to the Native Hawaiian people for complicity in the overthrow of the nation of Hawai'i.The potential for genuine reconciliation between Native Hawaiians and the United States exists. The importance of Native Hawaiians achieving economic independence cannot be underestimated as an essential aspect of reconciliation.Reconciliation is a process. The process that we have been using in thinking about reconciliation involves at least four levels or stages: recognition, responsibility, reconstruction and reparationILLUSION OF REALITYWe are not mere "artifacts." The United States and the state of Hawai'i relegate our inherent rights to the past, constrain our development and allow only those activities that support their own necessary illusion: that we, na 'oiwi o Hawai'i today, do not present a challenge to their legitimacy.State sovereignty in Hawai'i is built on illusions. To claim that the state's legitimacy is based on the rule of law is hypocritical and contradicted by history. The laws and the legal system of the United States purport to create "domestic dependent nations," but even that is truly only an illusion.We must reject assumptions that legitimatize our subjugation, and be allowed to evolve. These are necessary steps to achieving self-determination and building a sound native-governed community.As George Jarrett Helm determined, we are in a "revolution of consciousness ... What we (are) looking for is the truth." The facts do matter! In our case, the facts are being misused to support the illusion of reality.What do we hope to protect? What have the co-opted ones forsaken? The answer is, the heart and soul of our nation, our queen, and our kupuna (elders) and aloha I ke kahi I ke kahi, a respectful and peaceful co-existence.by:KuleanaWaipahu, HI
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