Category Archives: Hawaiian history

Response to Kaʻiulani Milham’s “A Game Changer for Kanaka Maoli”

Kaʻiulani Milham, a writer and participant in the Naʻi Aupuni constitutional convention, published a thoughtful editorial in Civil Beat about a topic very relevant to the readers of this blog, so I thought Iʻd give my line-by-line two cents. She often hits the mark, but sometimes, in my view, misses it.

With the election of Donald Trump as president of the United States, Kānaka Maoli face a vastly altered landscape in our pathway to self-determination and the question of whether or not to accept the Department of Interior’s final rule, for federal recognition.

Probably the main point that Milham misses for Fed-Rec, which is that itʻs dead. It was to be done by executive order, so even if Obama signs on Jan. 19th, Trump will unsign on the 20th.

The country we contemplated a nation-to-nation relationship with, is not the same nation we imagined last week.

But it is.The ill-will toward Hawaiians was always visible in Congress, which refused to consider the Akaka Bill for a dozen years (1999-2012). Anti-affirmative action sentiment (73%) was always going to be against us (if the Akaka Bill and Fed-Rec were something you wanted).

The aloha we uphold — kindness, welcoming and inclusion — are the polar opposite of Trump’s xenophobic essence and the underlying national spirit of exclusion his election revealed.

Yes and no. America is an incredibly divided country – thatʻs been clear for a while now.

His race-driven hatred for people of color, from Muslims to Mexicans, will be felt by Kānaka Maoli, too. Guaranteed.

I basically said this in my post “Hawaiians in Trump’s America.”

What’s worse is that the hatred he represents reflects the values of his share of U.S. voters who voted in this election.

Those who think as Trump does — as well as those willing to look the other way when he repeatedly showed himself to be a rampant racist and misogynist — have been empowered by his fascist rhetoric. They won’t be backing down from their bully pulpit any time soon.

The economic, health and social conditions of Hawaiians will not improve under a Trump presidency.

Probably true.

Nor can we afford to delude ourselves that federal recognition will protect our cultural and natural resources.

When I was on John Kane’s radio show, Letʻs Talk Native (WBAI, New York City), I read the litany of Hawaiian socio-economic ills, and he said “We have all those things with Federal Recognition!” Heʻs one Native American who gets it.

The shocking images from the Standing Rock Reservation in North Dakota, flooding our social media pages for weeks now, has shown just how far America’s corporatocracy will go to rape the natural resources, culture and sacred places of native people.

If Barack Obama has not had the moral courage to stop the atrocities being committed there in the name of Big Oil and Energy Transfer Partner’s Dakota Access Pipeline, we would be insane to believe Trump will do better.

And you were about to celebrate “Thanksgiving,” created to thank Native Americans who helped pilgrims survive their first winter, while Standing Rock was going on? Thereʻs another holiday on Monday, Nov. 28 – Lā Kuʻokoʻa, Hawaiian Independence Day – no guilt required in its celebration.

But the “status quo” also looms like a bogey man — with impossibly high-priced housing, a failing state education system, high incarceration rates and low graduation rates and countless other chronic social and health issues for Hawaiians.

Under the specter of Rice v. Cayetano and other anti-Hawaiian U.S. Supreme Court rulings, federal recognition advocates fret over the anticipated loss of federal funds Hawaiians have become dependent on to revive our still threatened ʻŌlelo Hawaii and other foundational pillars of our culture.

See above comments on affirmative action.

Fear of losing these programs and funds drove our trustees at the Office of Hawaiian Affairs to invest an estimated $43 million, on various attempts at federal recognition, that we now see has been spent for naught.

Gambling on a tag-team effort by back-to-back Obama and Hillary Clinton administrations to carry their federal recognition dream into reality, our trustees have been caught with their pants down.

How foolish to think tying our futures to the vagary of American politics was the safest course.

Yet Milham participated in Naʻi Aupuni. Is this an admission?

We are not safe.

Not on any level.

More importantly, as Haunani K. Trask famously declared on the 100th anniversary observance of the overthrow of the Hawaiian Kingdom in 1993, “We are not Americans!”

In a larger, pragmatic sense, none of us here are “Americans.”

Possibly true, but it misses the point that some really arenʻt Americans – oneʻs citizenship is not a matter of opinion. Some Hawaiians have no American ancestry and thus retain only Hawaiian citizenship.

Now, because of this election, and what it portends for American politics in the foreseeable future, we all must honestly consider how maintaining ties to America impacts all of us in Hawaii.

These islands are 2,471 miles away from the nearest American soil, a world a way culturally from Washington, D.C.

With a climate change denier entering the Oval Office, and scientists concluding that climate change-induced sea level rise will hit Hawaii harder than anywhere on Earth, we have to ask ourselves:

When did the deciders in Washington, D.C. ever prioritize the well being of Pacific Islanders?

I asked myself a similar question when I was looking for graduate programs – in university departments itʻs as if the Pacific does not exist.

Not in post WWII Hawaii when America used Kahoʻolawe for a half-century-long bombing campaign that broke the island’s water table and left it uninhabitable, littered with unexploded ordinance that largely remain below the surface after $400 million spent on clean up.

And only got 70% of the surface and 10% of the subsurface.

Not in 1946 when America began its 56-year bombing run on Bikini Atoll, or when it dropped a hydrogen bomb there in 1954, leaving the Marshall Islands toxic to this day.

Not for the last 45 years as America invited half the world’s armed forces to use Hawaiian waters for RIMPAC’s biennial exercises with their devastation of our marine resources.

Not in 1997 when America rejected the Kyoto Protocol on Climate Change, turning its back on sea-level rise impacts to Pacific peoples.

Not when Tuvalu began its evacuations, as sea-level rise inundated their islands, or when Kiribati bought land in Fiji in preparation for evacuations to come.

Not in 2014 when Obama announced the Pacific Pivot, further militarizing the Pacific and putting Pacific peoples firmly in the scatter-gun pattern of collateral damage from America’s future wars.

Not today when America’s reluctant signature to the Paris Climate Accord is threatened with abrogation by Trump.

If America puts this little value on protecting the Pacific, our Hawaiians Islands and Pacific Islanders in general, how can any of us here in Hawaii feel safe?

Does Trump think of Hawaii when he says he’s going to “Make America Great Again?”

More likely he’ll put Hawaii in the crosshairs of America’s enemies.

The reality for Hawaii is, this unbalanced, undisciplined, inexperienced American president will have unprecedented potential to fatally bungle foreign relations with North Korea, China or some other American enemy.

Hawaii, being the nearest target, will be attacked just like it was on Dec. 7, 1941.

Hawaiians, unquestionably, have suffered most from the imposition of American rule over our islands, but we’re NOT the only ones who will suffer if it continues.

Brown or white, we in Hawaii are all Pacific islanders.

Not exactly. Some people here think weʻre an annex of Southern California.

Whether Hawaii will survive for our future generations will depend on our resolve to form a unified independent Hawaiian government.

We can confront the challenges of restoring Hawaiian Independence together, wait to see what American politics will bring, or slowly sink beneath the waves of sea-level rise, climate change induced mass extinctions and the myriad other environmental threats that stand before us.

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The Best Films about Hawaiʻi

I show my students the 1966 film Hawaii, based on James Michener’s book, partly so that we can deconstruct it. Students can see that it demeans Hawaiian culture, but then I ask them if things are any better today. Hawaiʻi and Hawaiian culture continue to be misrepresented in mainstream media. Exhibit A: Aloha the film about how everyone in Hawaiʻi is white (except Bumpy). I reviewed The Descendents and Princess Kaʻiulani when they were released. There isnʻt exactly a deep reservoir of films to choose from for this list, but as Puhipau and Joan Lander are being honored this week in the ʻOiwi Film Festival, here are some gems of the Hawaiian silver screen:

A Mau a Mau: While some may dispute John Kaʻimikaua’s oral histories, it’s hard to deny the quality of the filmmaking. Nalani Minton’s film captures the Hawaiian sense of connection with the most subtle aspects of the natural world: the wind, the sea, the sea spray.

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Hoʻokūʻikahi: To Unify as One – This telling of the events of Puʻukoholā heiau, both historically and today (beginning with the 1991 ceremony of rekindling the ties between Kaʻu and Kohala after 200 years of bitterness) is one of the films that shows Hawaiian culture as living and vibrant – not museum culture. John Keola Lake says in the film: “we don’t want to use [Puʻukoholā] as a memorial, let’s use it as a living place.”

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Puʻukoholā heiau (photo: wikimedia commons)

O Hawaiʻi: Of Hawaiʻi from Settlement to Unification – an invaluable curriculum resource for teaching traditional Hawaiian society, Iʻm not sure whether the film was ever released on DVD. Tom Coffman’s film shows the renewal of the field of Hawaiian history itself  (with the help of archaeology and linguistics), from something static, relegated to “the mists of time” to a vibrant, dynamic era, full of change.

Act of War: The Overthrow of the Hawaiian Nation – What is there to say about what is almost certainly the most watched film on Hawaiian history, it is also the only film Iʻm aware of that has a footnoted script!

Stolen Waters – While Puhipau and Joan Lander were clearly on the side of Windward farmers (as the title implies), they do a fine job of showing the arguments of the Leeward (Big 5) interests and their pawns. Another version, Kalo Paʻa o Waiahole, can be use alternately to emphasize the hearings or the more esoteric meaning of wai for Hawaiians.

Noho Hewa: The Wrongful Occupation of Hawaiʻi – Keala Kelly attempted something very difficult with her film; to have a story without a narrator. The characters, interviewees and events themselves tell the story, and few films are more brutally powerful. While not as aesthetic as the first two films in this list, Noho Hewa is nevertheless a must see (leave the kids at home).

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On Ownership

This post is part of the continuing “On” series: others include On Capitalism, On Freedom, On Constitutionalism and On Privilege.

In Wall Street: Money Never Sleeps, Gordon Gecko – famous for the line that defined the 80s, “greed is good” – relates the secret of his success: “I own stuff.”

By acquiring ownership of appreciating assets, investors buy low and sell high, and real estate is a prime example of this. But as Iʻve come to own property, it has begun to dawn on me that one never really owns anything. There are many ways that a property can be foreclosed on, beyond simply failing to pay the “mortgage” (you actually pay the loan, the mortgage is the contract allowing foreclosure): failure to pay taxes (a tax lien), failure to pay maintenance fees, failure to pay any “mechanic” who does work on your house (a mechanic’s lien). Taxes in some high-value areas can be in the thousands per month, so even if you own your property free and clear, the cost of living there can be prohibitive, as much as a “mortgage.” Further, you donʻt really own property at the most fundamental level. The legal concept of “dominium” means that the sovereign owns all property at a level “beneath” your “ownership” – what you have is actually a bundle of protected rights to the property: the right to use and enjoy, exclude others, etc. (though this last right is abridged in Hawaiʻi due to Native Tenant Rights).

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At a conference on occupation at Cornell last May (my attendance was due to this article I wrote for The Nation), we looked at the term from various perspectives, including the simple occupation of land

As I write this, Hawaiʻi is in crisis. The basic necessity of a roof over oneʻs head is one of the most difficult “commodities” to afford, and hereʻs the thing: many of us are responsible for this state of affairs. Homeowners benefit from raises in housing prices, and have a vested interest in the continuation of this state of constant increase – that is, as individuals. Even this benefit is, in a sense, short term. When you sell your high priced property, you have to buy back in to an inflated market. Also, housing becomes much more expensive for your children, who youʻre trying to help get along in the world. It becomes a form of generational warfare. The situation is so extreme, that even renting is becoming a difficult proposition for many – credit checks, first and last monthʻs rent and/or deposits can make renting something only for the very well-off. (If you had great credit wouldn’t you be buying instead of renting?). According to an article in Civil Beat, thirty percent of renters are spending half of their income or more on rent, making them very vulnerable to shocks, like divorce, death in the family or medical problems.  Add this to the fact that most Americans donʻt have $1000 for emergency expenses, and the situation is dire indeed.

Ironically, some long-term studies show that property, when adjusted for inflation, has not had real increases in a century. Any exceptions to this are bubbles. So are we in the midst of a very protracted bubble? If so, we may want to change our long-term approach to wealth management. I wrote earlier that the wealthy are beginning to thinking about access rather than ownership, an this has begun to trickle toward the middle class and working poor. We need to begin to question the very fundamental assumption that the market is the best mechanism for allocating scarce resources, like real estate. There are some small moves in this direction: Kamehameha Schools (normally a very aggressive developer) is developing its Oʻahu North Shore lands in a way that takes some other factors into account. Priority for a new development in Haleʻiwa will be given to local (that is, North Shore, and often Hawaiian) families who fall into the “gap group” – imagine a teacher married to a fireman. They arenʻt in lucrative positions, but are a stable bet to pay their loan and stay in their house for decades, rather than sell at the first uptick in prices.

Perhaps we should try to return to traditional Hawaiian ways of thinking about ownership. According to a source I cite in my dissertation, Hawaiians had very few possessions. A man, for instance would own only a handful of items related to his trade. So the idea that one could own land was certainly foreign – even chiefs didnʻt own land – they controlled it for a period of time, until the next kālaiʻāina (land division).

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Means and Ends: Process and Results Orientation

With the Naʻi Aupuni convention under way, different styles of negotiating are being brought to light. Professor Williamson Chang wrote a public grievance against one participant who he saw as being obstructionist and belligerent. I heard that the group adopted, and insisted on, Robert’s Rules of Order (I happen know that Pokā Laenui, a participant, is a strong advocate). But the “debates” in the movement, and even more tellingly – their after effects, have often been focused on outcomes at the expense of process.

The very fact that Naʻi Aupuni is meeting at all is the outcome of a results orientation. The US Supreme Court (whose jurisdiction the organizers accept!) enjoined the election pending review. Following the letter of the law, rather than its spirit, Naʻi Aupuni organizers simply sidestepped the ruling and cancelled the election but continued with the convention.

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Which mode Hawaiians should adopt and encourage comes down to one question: Do you believe in democracy? Even though the Hawaiian Kingdom was an emerging democracy, not all Hawaiians in either the independence or Fed Rec movement do. But many more claim to believe in democracy, while being unwilling to tolerate its slowness, and tendency to produce compromises-that is to say, compromised results. The current Republican style of “all out war” – against Obama, Democrats, and it seems, sanity – does not serve as an inspiring example.

But a simple question faces us: do we want our way, or an outcome that everyone involved can live with?

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Stevenson in the Pacific

This is the continuation of the long-delayed “In Hawaiʻi” series, which includes posts on Mark Twain, Herman Melville and John Coltrane. I called this one Stevenson in the Pacific because Sāmoa features so centrally in his story.

When I was nine years old, I visited Sāmoa (then called Western Sāmoa) on the way to Tonga. My family was at the Tusitala Hotel, and in the lobby was a picture of Robert Louis Stevenson that has always stayed with me in memory. Tusitala was a Samoan name for Stevenson, meaning “teller of tales.” The hotel was in Apia, below his hillside home of Vailima – five waters. (We visited another great writer in Apia, Albert Wendt.)  Vailima was described by the great writer Henry Adams:

a two-story Irish shanty with steps outside to the upper floor and a galvanized iron roof … squalor like a railroad navvy’s board hut …

And so was Stevenson himself:

…a man so thin and emaciated that he looked like a bundle of sticks in a bag, with a head and eyes morbidly intelligent and restless…

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Stevenson painted by John Singer Sargent

Stevenson sought a climate that would restore him to the health damaged from cold British winters, but I always wondered why he chose Sāmoa, as Pago Pago is, to this day, the most humid place I’ve ever been.

Thinking myself an adventurous nine-year old in 1981, I marveled at Stevenson adventuring to what was at the time an incredibly remote place. This was, in fact, what attracted him; he had considered living in Hawaiʻi:

Honolulu’s good – very good … but this seems more savage

I fancied myself following in his footsteps, moving to Tonga, but looking back, more likely, it was his stepson Lloyd’s footsteps I was following. I was familiar with his novels Kidnapped and Treasure Island, and of course Dr. Jeckyll and Mr. Hyde, and saw the difference between them and Sāmoa, a testament to his versatility. It was perhaps the insights in Jeckyll and Hyde, of “man’s” dual nature that gave him the ability to accept, then embrace Polynesian people and culture. The Biographer Rice said of his arrival in Sāmoa:

…at first … he is extremely nervous about their menacing appearance. ʻThere could be nothing more natural than these apprehensions’ he wrote for The Sun, ʻnor anything more groundless.’

(Rice, 1974, 109)

He was a vocal critic of Victorian hypocrisy, and “was not afraid to live as he wished,” marrying a woman ten years older than he who was probably part African American.

Stevenson took four trips with his family to the Pacific, and two to Hawaiʻi at auspicious moments; one before (1889) and one immediately after the overthrow of the monarchy (September 1893). And unlike other Europeans, Stevenson was a royalist and his sympathy was with the Queen. Upon landing in Honolulu he went directly to her and expressed his sympathies. He had already written at length about colonial activities in Sāmoa, criticizing Western powers right at the moment that Germany and the US were dividing Sāmoa in two.

On his first trip, Stevenson became friends with Kalākaua and Princess Liliʻuokalani. He also met another famous writer of his age who had visited Hawaiʻi, Mark Twain. He wrote to Twain from Sāmoa as it descended into civil war:

I wish you could see my ʻsimple and sunny haven’ now; war has broken out…

But his closest association was with his fellow Scot Archibald Cleghorn and, famously, his daughter Princess Kaʻiulani. He wrote to a friend, “how I love the Polynesian!” and seemed particularly fascinated that one of them, heir presumptive to the throne, was an Edinburgh Scot, like himself, on her “worse half.” The poem he wrote her before she left for an English education is fairly well-known:

Forth from her land to mine she goes,

The island maid, the island rose,

Light of heart and bright of face:

The daughter of a double race.

Her islands here in Souther sun,

Shall mourn their Kaiulani gone,

And I, in her dear banyan shade,

Look vainly for my little maid.

But our Scots islands far away

Shall glitter with unwonted day,

And cast for once their tempests by

To smile in Kaiulani’s eye.

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End of Federal Recognition as Indian Tribe is beginning for “Real” Hawaiian Sovereignty – Williamson B.C. Chang

I took my UH Manoa students to Professor Williamson Chang’s class last week. I was surprised and honored to have Prof. Chang write a guest blog on a topic that couldn’t be more relevant right now – the seeming failure of Fed-Rec. Continue reading

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The Rule Change

The effort for Federal recognition of Native Hawaiians for the purposes of creating a governing entity went through three stages, or attempts: The Akaka Bill, direct recognition by the Department of Interior and the rule change.

Dept. of Interior (DOI) Hearings:

https://www.doi.gov/news/pressreleases/interior-considers-procedures-to-reestablish-a-government-to-government-relationship-with-the-native-hawaiian-community

In this latest (and what seems to be the most successful) attempt DOI looked to reestablish government-to-government relationship between Federal government and Native Hawaiian community. On June 18, 2014, the DOI stated,

The Secretary of the Interior (Secretary) is considering whether to propose an administrative rule that would facilitate the reestablishment of a government-to-government relationship with the Native Hawaiian community, to more effectively implement the special political and trust relationship that Congress has established between that community and the United States. The purpose of this advance notice of proposed rulemaking (ANPRM) is tosolicit public comments on whether and how the Department of the Interior should facilitate the reestablishment of a government-to-government relationship with the Native Hawaiian community. In this ANPRM, the Secretary also announces several public meetings in Hawaii and several consultations with federally recognized tribes in the continental United States to consider these issues.

Secretary of the Interior, Sally Jewell stated “The Department is responding to requests from not only the Native Hawaiian community but also state and local leaders and interested parties who recognize that we need to begin a conversation of diverse voices to help determine the best path forward for honoring the trust relationship that Congress has created specifically to benefit Native Hawaiians.” Public hearings throughout Hawaii, from June 23 to August 8, 2014, which I wrote about in the Nation magazine, asked 5 “Questions to be Answered:”

  1. Should the Secretary propose an administrative rule to recreate a government-to-government relationship with the Native Hawaiian community?
  2. Should the Secretary assist the Native Hawaiian community in reorganizing its government?
  3. What process should be established for drafting and ratifying a reorganized Native Hawaiian government’s constitution or other governing document?
  4. Should the Secretary instead rely on reorganization through a process established by the Native Hawaiian community and facilitated by the State of Hawaii, to the extent such a process is consistent with Federal law?
  5. If so, what conditions should the Secretary establish as prerequisites to Federal acknowledgment of a government-to-government relationship with the reorganized Native Hawaiian government?
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Prof. Williamson Chang

On September 29th, 2015, the DOI released the rule change. UH Law Professor Williamson Chang released the following statement in response:

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”
1. It starts by noting that only the written comments counted, not the vehement oral testimony.
2. It is premised on false history: At page 6 of the long document, it states the Republic of Hawaii ceded its lands to the United States and that Congress passed a joint resolution annexing the Hawaiian Islands. Accordingly, all that follows flows from a flawed premise: The United States acquired the Hawaiian Islands and has jurisdiction. Moreover, it claims that the United States has title to the crown and government lands.
3. Even so, it gives very little. It would make a consenting Native Hawaiian government “just like” a tribe, but not a tribe.
4. The law that applies to tribes would not apply to the Hawaiian entity. Congress would have to explicit[ly] write Hawaiians in to Indian programs—just as it is today. No gain.
5. It admits that the purpose of the proposed rule is to protect Hawaiians from constitutional attacks on Hawaiian-only entitlement programs. The Department of the Interior, however, does not control the U.S. Supreme Court. The Court would still be free to strike down Hawaiian only programs if it so desired.
6. The Hawaiian governing entity gets no lands by this proposal
7. The proposal does not affect Federal holdings or title to the Crown and Government lands.
8. There is to be no compensation for past wrongs.
9. The rule limits the Hawaiian government to Hawaiians only.
10. Only one Hawaiian government can establish a relationship with the Federal Government under this proposal.
11. It precludes federal recognition of a restored Kingdom of Hawaii, or Provisional Government that would become a State either as a Kingdom or any other.
12. The Hawaiian Government cannot be in violation of “federal laws” such as the prohibition on ‘titles” in the U.S. Constitution—thus no quasi-Kingdom either.
In summary—and this is from a very brief reading. I may be in error, I may have overlooked various important sections, but in the name of getting this to you as soon as possible. Here is the link to the proposal, its supporting documents and frequently asked questions.

The Notice of Proposed Rulemaking read:

The U.S. Department of the Interior is proposing to create an administrative procedure and criteria that the Secretary of the Interior would apply if the Native Hawaiian community forms a unified government that then seeks a formal government-to-government relationship with the United States.  Under the proposal, the Native Hawaiian community — not the Federal government — would decide whether to reorganize a Native Hawaiian government, what form that government would take, and whether it would seek a government-to-government relationship with the United States.

The proposal, which takes the form of a Notice of Proposed Rulemaking (NPRM), builds on more than 150 Federal statutes that Congress has enacted over the last century to recognize and implement the special political and trust relationship between the United States and the Native Hawaiian community.  The NPRM comes on the heels of a robust and transparent public comment period as part of an Advance Notice of Proposed Rulemaking (ANPRM) process that began last year and included public meetings.  More than 5,000 members of the public submitted written comments to the ANPRM, and they overwhelmingly favored creating a pathway for re-establishing a formal government-to-government relationship.

Members of the Hawai’i Congressional delegation predictably responded in favor of the rule change, as did Governor Ige. Rep. Tulsi Gabbard’s statement was perhaps the most substantive:

Many indigenous groups in the U.S. have the right of self-determination, and today’s announcement acknowledges that that right also belongs to the Native Hawaiian people, one of the largest native communities in the country. These rules incorporate over 5,000 public comments submitted to the Department of Interior (DOI), and should they be adopted, the Native Hawaiian community will have the option to re-establish a unified government and self-determine their future relationship with the federal government. I encourage all interested parties to submit their comments to DOI during the 90-day public review period to ensure a collaborative final ruling.

The list of candidates for delegate to the constitutional convention was released by Na’i Aupuni the next day. It can be viewed here, but prominent candidates included John Aeto, Keoni and Louis Aagard, OHA trustee Rowena Akana, former Mayor Dante Carpenter, Prof. Williamson Chang, Jade Danner, Prof. Lilikala Kame’eleihiwa, Senator Brickwood Galleria, Adrian Kamali’i, Sovereignty leader Dennis “Bumpy” Kanahele, Colin Kippen, Prof. Daviana McGregor, former OHA administrator Clyde Namu’o, and Native Hawaiian Legal Corp. director Moses Haia, among many others.

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] Perez told The Independent over the phone. “Hawaiians did not initiate or pass Act 195, which created Kana‘iolowalu. 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.”

Keanu Sai happened to speak to my class the day after the rule change. As I pondered the question of whether this was a victory for the Fed Rec set, it seemed to have no effect on Sai’s view that it was simply more Federal legislation inapplicable in foreign (Hawaiian) territory.

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