Clifton M. Hasegawa
Chairman and CEO
Kaimanu Maritime Corporation
1044 Kilani Avenue 12, Wahiawa, Hawaii 96786
Telephone: ...
WHO ARE WE BUILDING A NATION FOR?
A HAWAIIAN NATION MIGHT EXIST AS EARLY AS NEXT APRIL. BUT WHO WOULD BE ITS CITIZENS?
By ...
The Rule Change The effort for Federal recognition of Native Hawaiians
By Professor Williamson B.C. Chang1
“The Department...
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Native Hawaiian Recognition - Department of the Interior - Notice of Proposed Rule Making - Supplement - October 6, 2015

“True self-determination does not come with a state-initiated, state-controlled process like this.” --- Andre Perez, Hawaiian cultural practitioner and community activist, Movement for Aloha No ka Aina (MANA)
Published on: Mar 3, 2016
Published in: News & Politics      
Source: www.slideshare.net


Transcripts - Native Hawaiian Recognition - Department of the Interior - Notice of Proposed Rule Making - Supplement - October 6, 2015

  • 1. Clifton M. Hasegawa Chairman and CEO Kaimanu Maritime Corporation 1044 Kilani Avenue 12, Wahiawa, Hawaii 96786 Telephone: 808.498.8408 Email: clifhasegawa@gmail.com LinkedIn: http://www.linkedin.com/in/cliftonhasegawa October 6, 2015 The Honorable Sally Jewell Office of the Secretary Department of the Interior 1849 C Street NW Room 7228 Washington, DC 20240 Dear Madam Secretary, The following is hereby submitted to supplement my comments of September 4, 2015, on the Department of Interior Proposed Rule to Re-Establish a Formal Government-to-Government Relationship with the Native Hawaiian Community. My request remains that the Department of Interior: (a) Facilitate the establishment of the process by taking the proactive and leadership role to ensure success of this Nation Building, (b) The Nai Aupuni process be corrected and remedied, made consistent with case and statutory laws, and (c) All conflicts of interest, internal and external, by and between officials, directors, trustees, commissioners and participants to The State of Hawaii Act 195, The Native Hawaiian Role Commission (Kanaiolowalu), the Office of Hawaiian Affairs (OHA) and Nai Aupuni be removed and extinguished with due dispatch and immediacy. The achievement of excellence, transparency, equality and justice for all people, currently, is pure, unadulterated political rhetoric. Allowing the continuation of Nai Aupuni process to establish the governmental entity to engage in a Government-to-Government Nation Building Relationship with the Federal Government by Department of the Interior and not taking immediate and direct affirmative action to correct, remediate, and remove all legal deficiencies in the Nai Aupuni process will be held to be demonstrative and indisputable evidence of active participation by the Secretary of the Department of the Interior, Deputy Secretary Michael L. Connor, all participating officials and employees, Federal, State, Local governments and private entities, in violation of the United States Constitution and 18 USC § 242, Deprivation of Rights Under The Color of Law. Sincerely,
  • 2. WHO ARE WE BUILDING A NATION FOR? A HAWAIIAN NATION MIGHT EXIST AS EARLY AS NEXT APRIL. BUT WHO WOULD BE ITS CITIZENS? By PETER APO A former legislator, Peter Apo is a trustee of the Office of Hawaiian Affairs and the president of the Peter Apo Company LLC, a cultural tourism consulting company to the visitor industry. He has also been the arts and culture director for Honolulu, the city's director of Waikiki Development and served as special assistant on Hawaiian affairs to Gov. Ben Cayetano. His opinions are his own and do not necessarily reflect the views of OHA or other organizations he is involved in. “While the current nation-building process is intentionally limited to Native Hawaiians, it is not likely that a Hawaii nationhood model limited exclusively to Native Hawaiians would stand a political test that is unofficially referred to as "continuum." A continuum means that if a nation is to be restored, the construct of the nationhood model must have existed at the time its sovereignty was usurped. So pursuing the restoration of a nation is not likely to succeed if the nationhood model being proposed is different from the original. However, once the restored nation is recognized by the U.S., or under international law, it can then proceed to make constitutional changes to the national model. The concept of continuum is critical to the process of restoring a Hawaiian Nation. At the time of the coup d'etat in 1893, the Hawaiian Nation was a multi-ethnic one. It remained a multi-ethnic nation in 1898, when Hawaii was annexed to the U.S. So it would be disingenuous for delegates to emerge from the 'Aha with a proposal for a Hawaiians-only nation that never existed going back to the time when Kamehameha I united the kingdom in 1795. Some scholars may disagree, but academic scholarship aside, I do not believe a Hawaiians-only nationhood proposal would survive the political vetting process of U.S or international scrutiny. In the end, the most important reality check is whether the people of Hawaii will accept and support the nationhood model that is proposed.” Online Comment by Ben Cayetano, attorney and former Governor of the State of Hawaii: Peter Apo wrote: "OHA, it is worth remembering, is a semi-autonomous state agency with a foot planted in both state government and the private sector, which is as the Legislature intended it to be." Incorrect. OHA is entirely a state agency which -- much like the University of Hawaii -- was given a high degree of autonomy by the legislature. The funds mentioned are state funds and cannot be used legally for race based purposes -- anymore, for example, than Congress or the State of Texas can legally provide funding to the Sons of the Confederacy for the establishment of "nation within a nation" for white people only. Source: Honolulu Civil Beat, September 3, 2015 http://www.civilbeat.com/2015/09/peter-apo-who-are-we-building-a-nation-for/
  • 3. The Rule Change The effort for Federal recognition of Native Hawaiians By Professor Williamson B.C. Chang1 “The Department of Interior issued its long awaited proposed rule as to a Native Hawaiian Governing body. It was not much. The Federal Government is giving very little. If this is the last word on the federal government and Hawaiians, from the point of view of the United States’ the history of Hawaii ends with a “whimper not a bang.” There is a question of whether the rule change gives the kind of legal protection that was the point of Federal recognition, or if it is merely a Federal sanction of a process already happening. The Hawai’i Independent ran a story questioning the validity of the rule change: “We have to remember that this process started with the State of Hawai‘i, not the Hawaiian people,” [Andre] Perez2 told The Independent over the phone. “Hawaiians did not initiate or pass Act 195, which created Kana‘iolowalu.3,4 The state legislature did, and gave the governor the power to appoint members to the commission. True self-determination does not come with a state-initiated, state- controlled process like this.” [Emphasis Supplied] Nai Aupuni – “In a move to maintain its neutrality, the Office of Hawaiian Affairs is handing off responsibility for the final stage of its nation building campaign.” Nai Aupuni was given $2.6 million.5,6 “Na‘i Aupuni is supported by OHA grant funds to the nonprofit Akamai Foundation, a fiscal sponsor for the benefit of Na‘i Aupuni. The funds consist of income and proceeds from the public land trust, pursuant to Article XII, Section 6 of the Hawai‘i Constitution.” http://www.naiaupuni.org/about.html 1 Williamson B.C. Chang is Professor of Law and Member of the Faculty Senate, University of Hawaii at Manoā. CV Princeton University and Woodrow Wilson School of Public and International Affairs; University of California, Berkeley (Boalt Hall), Editor, California Law Review and the Ecology Law Quarterly; United States District Court, District of Hawaii, The Honorable Judge Dick Yin Wong https://www.law.hawaii.edu/personnel/chang/williamson 2 Andre Perez, Hawaiian cultural practitioner and community activist, Movement for Aloha No ka Aina (MANA) 3 Kanaiolowalu is a project of the Native Hawaiian Roll Commission. Meet The Commissioners. http://www.kanaiolowalu.org/about/commissioners/ 4 Kanaiolowalu & Act 195. http://www.kanaiolowalu.org/about/act195/ 5 OHA hands off the final tasks for nation-building. Honolulu Star Advertiser. May 29, 2015. http://www.pressreader.com/usa/honolulu-star-advertiser/20150529/281844347236269/TextView 6 OHA pushes forward with Nai Aupuni despite Concerns. The Hawaii Independent http://hawaiiindependent.net/story/oha-pushes-forward-with-nai-aupuni-despite-concerns

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