A bill dealing with sovereignty for Native Hawaiians that has lingered in congress since 2000 might be nearing its end. Although its ultimate future is uncertain, the bill, sponsored by Sen. Daniel Akaka (D-HI) looks like it is headed for a vote in both houses of congress in the near future.
S. 310, the Native Hawaiian Government Reorganization Act of 2007—or the Akaka Bill—has survived round after round of bitter partisan debate, as well as debate among Native Hawaiians themselves.
The federal government apologized to the Hawaiians in 1993 under the Clinton administration for its role in overthrowing the sovereign Hawaiian monarchy in 1893 and subsequently annexing it in 1898.
Yet debate on the issue has not stopped there. Different opinions promoted by groups with varying interests have made the Hawaiian rights movement a tapestry of sometimes irreconcilable parts.
At the two poles are sovereignty groups made up mostly of Hawaiians on the one end, and equality advocates who are mostly non-Hawaiians on the other. Even Hawaiians are divided in forms of rights they demand, ranging from sovereignty and succession from the United States, to independence from the U.S. government, to rights to lost lands and properties. The Akaka Bill for Hawaiian rights serves as a lightening rod for an array of conflicting opinions.
Two Poles of the Debate
There have been various groups promoting Hawaiian sovereignty, including Hawaii Nation, Kingdom of Hawaii, Free Hawaii, Huaka'i I Na 'Aina Mauna, and Sovereign Hawaiian Government. All of them believe Hawaiians should gain independence. Some aggressive activists even believe that "haole" (Caucasians) should leave.
In addition to activist work, some groups opt to take concrete actions to take back their hopes for the future of native Hawaiians.
Dennis "Bumpy" Kanahele, a descendant of King Kamehameha, who united the Hawaiian kingdom in 1810, successfully negotiated with the state to build a 45-acre village for Hawaiians about 14 miles from Honolulu on the Waimanalo beach. The village, effectively governed by Hawaiians, has been a symbol of Hawaiian sovereignty since its establishment over a decade ago.
Not all actions of independence have been successful. Members of the sovereignty group, The Reinstated Hawaiian Kingdom, were arrested on July 31 last year as they attempted to claim Kaho'olawe, the only uninhabited island of the eight main Hawaiian islands. According to the Honolulu Star Bulletin, the group tried to "reclaim our national land" and "remove it from future contamination" by the U.S. government.
Groups opposing Hawaiian sovereignty consider movements divisive, race-based, and unconstitutional. H. William Burgess, an attorney who lives in Hawaii, has been instrumental in bringing lawsuits against government programs that benefit Native Hawaiians preferentially. Aloha For All, a loosely knit anti-sovereignty group led by Burgess, argues for equality for all citizens.
Kenneth Conklin, a retired schoolteacher from Boston who has moved to Hawaii, has made a name for himself as a major anti-sovereignty figure. Bruce Fein, a constitutional lawyer, wrote a long document challenging the basis for sovereignty. He claims that native Hawaiians never had sovereignty at the time of annexation, and that annexation was not only legal but it also benefited Hawaiians.
Akaka Bill Serves as a Lightening Rod
The Akaka Bill promises to give 400,000 Hawaiians similar rights as those of Native Americans and Alaskan native tribes through the creation of a Native Hawaiian government. Originated in 2000, the bill has been unsuccessful in getting off the Senate floor.
Sen. Akaka vows to continue pushing the bill, saying in a written statement, "We must continue to move forward for Native Hawaiians, the people of Hawai'i, and everyone in this country who believe that ours is a nation which treats all of its people with an equitable hand."
Interestingly, the Akaka bill has excited opposition among Hawaiians was well as non-Hawaiians. Hawaiian sovereignty groups oppose the bill, seeing it as selling out Hawaiian sovereignty in exchange for a lesser autonomy. A notable group called Hui Pu was formed to oppose the bill.
Mililani Trask, a sovereignty movement leader, said to the Honolulu Advertiser last year in May, "I think we all admit that this Akaka bill is nothing more than a failure." According to the interview with Trask, "It doesn't address any of the needs here, whether housing, education, or employment. The (Akaka) bill is simply too little, too late. We really need to look for redress somewhere else."
Sovereignty groups are concerned that once federal recognition is achieved, opportunity for independence would be lost.
Groups such as Aloha For All, opposed to federal recognition for Native Hawaiians, believe that the bill is unconstitutional and that special treatment of Hawaiians violates the principle of equality.
The Grassroot Institute of Hawaii, a conservative nonprofit organization once standing primarily for tax reduction and individual liberties, has emerged last year to be a leading group in opposition to the Akaka bill. The Institute conducted a controversial polling that showed two-third respondents apposed the Akaka bill.
Many support the Akaka bill as a move in the right direction. According to a poll conducted by the Office of Hawaiian Affairs (OHA) in 2005, 68 percent polled support the bill. When asked whether Native Hawaiians should receive federal recognition, 84 percent said yes.
Conflicts in Court and Outside
Those who argue for equal rights have challenged Hawaiian-preferential programs in the court. In 1996, Harold "Freddy" Rice, a non-Hawaiian, sued the state after being turned away from voting in an Office of Hawaiian Affairs election. In February 2000, the U.S. Supreme Court ruled that the OHA's Hawaiian-only elections were race-based and thus unconstitutional.
In March 2002, a group of 14 plaintiffs filed a lawsuit, challenging the tax-supported programs, such as the state Department of Hawaiian Home Lands and OHA, benefiting only Native Hawaiians. As a result of the court ruling, OHA board elections were opened up to non-Hawaiians. Kenneth Conklin, an anti-sovereignty activist and non-Hawaiian, entered the race for the OHA trusteeship, albeit unsuccessful.
In June 2003, a civil-rights lawsuit was filed on behalf of an unnamed non-Hawaiian student, challenging the Kamehameha Schools' Hawaiian-preference admissions policy. The case is waiting for decision from 9th Circuit Court of Appeals.
Sovereignty groups, on their part, have appealed to official institutions to advance their cause. In early 2006, three groups wrote a report to the U.N., citing human rights violation of Native Hawaiians and seeking the removal of the U.S. government from the Hawaiian Islands.
Sovereignty activists also make their voices heard outside the court, sometimes forcefully. In 2002, the University of Hawaii newspaper Ka Leo reported a case of a threat when a seminar was scheduled to cover "another perspective" of Hawaiian sovereignty and to be taught by anti-sovereignty activist Kenneth Conklin.
Course coordinator Rebecca Goodman said she received threatening phone calls and an intimidating visit in her office with a warning "bad things will happen" if the seminar was held. The seminar had to be postponed, the location held secret, and students registered for the seminar ended up dropping for fear of harassment.
Poverty Fuels Sense of Injustice
Hawaiians' poor economic status has also served to intensify discontent and sense of injustice, fueling the sovereignty movements. A 2005 U.S. Census Bureau survey shows Hawaiians at the bottom run of the state's economic ladder.
According to the survey, the Hawaiians' per capita income is $16,932, much less than the state average of $25,326. While the state's poverty rate is less than 8 percent, the rate for Hawaiians is nearly 15 percent.
With housing price sky-high, many people are thrown on the street and to the shelters, creating homelessness in "paradise." On the island of Oahu where Honolulu is located, 60 percent of the homeless are indigenous Hawaiians, according to Anne Keala Kelly, a Native Hawaiian journalist and filmmaker.
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