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Tiki Central / General Tiki / Federal Recognition for Native Hawaiians

Post #121961 by lanikai on Wed, Oct 27, 2004 2:31 AM

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L

On 2004-06-20 23:50, christiki295 wrote:
U.S. Senator from Hawaii, Akaka (D-HI), (not Inouye (D-HI) from IranContra) has introduced a bill which could be the beginning of federal recognition of native Hawaiians ....

Aloha, Christiki, and mahalos for intiating dialogue on this important issue.

Based on the information I have at this time, and as a kama'aina, I am against the Akaka bill for these reasons:

The Akaka bill makes the Department of the Interior the lead agency responsible for all policies that affect Native Hawaiian resources, rights and lands..

The Department of the Interior has been deemed an "unfit trustee" by a US federal court and its lead officials cited for contempt of court by a federal judge. Over 40 million acres and about $137 billion are missing right now in Indian assets. I do not believe kama'aina wants that to happen to Hawaiian lands and money.

In the last 5 years, officials of the department have destroyed documents, disobeyed court orders, and lied to the court, repeatedly in cases that seek to account for Indian money and land for which the Department of the interior is responsible. For court papers and documentation see http://www.indiantrust.com

The Akaka bill requires the Hawaiian constitution to contain language that gives the officials of the governing entity the authority to permanently settle Hawaiian claims for reparations, reinstated independence, land, damages from the overthrow of the Kingdom of Hawaii, and all other Hawaiian claims without the approval of Hawaiian voters.

What this means is; so-called leaders of a Native Hawaiian governing entity under the Akaka bill can decide basic issues that affect the kanaka maoli and their 'ohana directly, such as receiving money for damages relating to stolen land and the illegal overthrow. Additonally, kanaka maoli will not be allowed to say a single word about the decisions these new bureaucrats will make for them.

The Akaka bill installs a racial definition of "Hawaiian" where no such definition ever existed in Hawaii outside of U.S. law.

In other words, foreigners will "help" Hawaiians decide who is Hawaiian and who isn't. Would you want strangers to have that power?

The Akaka bill defines Hawaiians living today as the descendants of pre western contact aboriginal native people rather than descendants; subjects of the kingdom of Hawaii, severely damaging Hawaiian's rights to land title in the Hawaiian Islands. Federal law limits the rights of aboriginal people to the right to use and occupy land but not to own it or sell it as aboriginal people . A blanket claims settlement will end even these limited rights as it has for scores of tribes since 1970.

What this means is that Hawaiians will, in effect, be saying to the US federal government, "you were right to come in and overthrow our Queen.You may have all our land that you stole. We don't want it back. You know what's best for Hawaiians more than Hawaiians do. And we give up forever our right to sue the US government if it doesn't keep its word with Hawaiians."

The Akaka bill makes restored Hawaiian independence unlawful. Title 25 of the United States code prohibits Indian Tribes, and federally recognized Alaskans and Hawaiians by extension, from being recognized as independent Nations: 25 USC chapter 3 subchapter I Sec 71: "No Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power. . ."

Stop and think - can you name even one Indian tribe than received US federal recognition and then went on to become independent ? You can not, because it never happened! The reason the US government wants to pass the Akaka bill is to try to stop Hawaiian rights in its tracks!

The Akaka bill creates a permanent political relationship in which Hawaiians are subordinate to the United States forever.
Under the Akaka bill, Hawaiians will have the legal status of wards of the US federal government. Did you know that prisoners currently incarcerated in US federal prisons are also wards of the US federal government? Hawaiians do not see themselves as criminals. Why would Hawaiians want to be lumped in the same legal classification with them? They will be under the Akaka bill!

Finally, the Akaka bill will ensure litigation in courts in the years ahead caused by a poor definition of the rights Hawaiians can expect under US federal law.

If you think lawsuits are coming fast and furious at Hawaiians now, just wait! Hawaiians will be forced to spend enormous amounts of money to defend their so-called "rights" in the Akaka bill if it passes. And guess where those suits will eventually end up? That's right, in the hands of an increasingly anti-Indian, and therefore anti-Hawaiian US Supreme Court.

The Akaka bill does not guarantee that Hawaiian federal entitlements will be protected

When was the last time Hawaiians trusted US bureaucrats to do the right thing for Hawaiians and the US actually did it?

The US federal government is trying to contain Hawaiians just like they did a century ago by saying then, "you'd better accept annexation because it's the best deal you're going to get." They were lying to Hawaiians then and they are lying now!

Did it turn out to be a good deal? Have Hawaiians gotten their nation and lands back? Not on your life.
The Akaka Bill is a wolf in sheep's clothing.