and now, this:
Akaka Bill Needs Amendments to Make It Democratic
By Kenneth R. Conklin, 3/7/2005
Let's think out of the box. Suppose we agree it's OK to authorize establishment of a race-based government for ethnic Hawaiians (an illegal and immoral idea; but let's suppose). There are still some terrible problems with the Akaka bill, but amendments might solve them.
Problem: The bill would allow a few thousand people to create a "tribe" and get federal recognition as speaking on behalf of all 401,000 Hawaiians. The fat-cats who run the big Hawaiian institutions, plus their employees and institutionalized dependents who want a tribe can create one; while the majority of Hawaiians who hate the whole idea have no way to stop it except by*** joining the tribe to oppose from within. Once the tribe is created, all government benefits for Hawaiians flow through the tribal council and go only to enrolled members. Thus, ethnic Hawaiians who hate racial separatism and the tribal concept feel forced to join or lose benefits, and must submit themselves to the civil and criminal laws of the tribe as enforced by council members they despise. This is not "self-determination" for Native Hawaiians; it is a power grab by people whose wealth and power comes from keeping others permanently dependent on them.
Solution: Amend the Akaka bill to require that no Hawaiian tribe can be federally recognized until at least half of all adult Hawaiians enroll as members. Census 2000 counted 253,007 "Native Hawaiians" who were 18 or older. Thus, the bill should be amended to require enrollment of 126,504 before recognition can be given.
Problem: The bill would allow the tribal council to negotiate with federal and state governments to decide which Hawaii lands and resources will belong to the tribe. But the bill would allow the tribal council alone to accept such a settlement without a vote among the tribe's members; and it would allow the state Legislature to accept such a settlement without a vote by the people of Hawaii. We all know that the Legislature and governor eagerly give away state resources to OHA and DHHL, and unanimously endorse the Akaka bill, because politicians dare not defy the 20 percent ethnic Hawaiian "swing vote" they mistakenly treat as monolithic. That's why any settlement must be put to a vote of the people.
Solution: Amend the Akaka bill to require that any settlement among the tribe, the state, and the federal government must first be approved by "yes" votes from a majority of enrolled tribal members as determined by a secret ballot vote supervised by a neutral outside agency, such as the U.S. Commission on Civil Rights. Based on figures above, 63,253 "yes" votes from adult Hawaiians would be required. Also amend the Akaka bill to require that any settlement must be approved by the Legislature AND by all the people of Hawaii according to the same procedures used for ratifying a Constitutional amendment. First the settlement gets approved by the tribe's members; then by the people of Hawaii; then by the U.S. Congress (with regard to federal lands and money).
Problem: The bill allows 20 years for settlement between the tribe and the federal government, and imposes no time limit at all for a tribal settlement with the state. This is not "reconciliation." It is a formula for a 20-year conflict with the federal government and a never-ending conflict between ethnic Hawaiians and the remaining 80 percent of Hawaii's people. In the interest of "reconciliation," a shorter time limit is needed for a global settlement of all issues among all three parties. As Abraham Lincoln said in his second inaugural address toward the end of the Civil War: "With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind up the wounds ..."
Solution: Amend the Akaka bill to require a global settlement among the tribe, the state, and the federal government with a time limit of five years for negotiations to succeed or for lawsuits to be filed; thereafter, all claims become moot except for new disputes arising out of events that happen after the time limit expires. Hawaiian independence activists believe that nothing done by the U.S. can take away their right to self-determination or independence; thus, imposing a time limit for a global settlement among the tribe, the state, and the U.S. would not interfere with the rights they claim to have under "international law."
Conclusion: The Akaka bill would be disastrous for Hawaii and for the United States -- see http://tinyurl.com/5jp5r But major amendments described above (plus some minor ones) would at least make the process democratic for ethnic Hawaiians and for all Hawai'i's people. Further details about amendments, including some specific language, can be found at: http://tinyurl.com/3jrr9 Please do not think I would support the Akaka bill if amended. I write this essay with with a heavy heart -- like a priest telling a teenager that sex before marriage is immoral, psychologically damaging, and dangerous to physical health; but if you're going to do it anyway, be sure to use contraceptives plus condoms.
Note from Kenneth Conklin: At the Akaka bill hearing in Washington on Tuesday morning, committee chair Sen. McCain indicated the committee will probably work very fast and is likely to report the bill out of committee to the Senate floor next week. Therefore, it is urgent to send testimony opposing the bill to the committee. One very important thing to request is that committee hearings should be held in Hawaii before the bill is reported out of committee. The last time any opponents were allowed to testify was August 2000, when 5 days of testimony at the Blaisdell produced overwhelming opposition to the bill.
Testimony can be submitted by email to: Testimony@indian.senate.gov In addition, please consider sending testimony directly to Sen. McCain by both fax and email, and perhaps give him a call: Phone # (202) 224-2235, Fax # (202) 228-2862 or email him at: mailto:John_McCain@McCain.senate.gov
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