All posts by Malia Blom

The State’s Akaka End Run

For those who thought that the change in Congress meant a respite from the imminent threat of the Akaka Bill, think again.  In what might be something of a desperation move, the legislature has introduced a bill that purports to recognize a Native Hawaiian tribe through the state.  (Essentially, a state version of the Akaka Bill–you can read the full text here (House version) and here (Senate version).)

I can pick on all sorts of things in this–the historical revisionism, the doubtful claims, the questionable legislative findings–but we’ve been down this path many times before.  And you may be thinking that there’s little chance it would pass, or that it would likely fail a test of constitutionality.  But that’s not the point.  This is pure politics at work.  If the legislature can pass the bill, then it operates as a powerful argument in Washington that Hawaii is united behind the Bill–and frankly, the Inside-the-Beltway types tend not to pay much attention to what we are doing out here, so they would likely take that at face value.  (And OHA is going to be spending far more money telling them that’s the case than any opponents to Akaka would be able to raise.)  There is, however, a bright side.  If the state bill were to fail, that would make Congress less inclined to take up the Akaka Bill again.  So, if this is an issue you care about, this is a good time to contact your state legislator and share your views.

Lobbyists Thank OHA for Akaka

Over at Hawaii Reporter, a new report has revealed that the Office of Hawaiian Affairs has spent $3.44 million since 1999 on its (ultimately failed) lobbying efforts in support of the Akaka Bill. And this doesn’t include the approximately $2 million OHA spent to operate a Washington, DC office or any other expenses (such as travel) spent in pursuance of OHA’s pro-Akaka effort.

Of course, OHA has never been particularly forthcoming about that portion of its spending that it would prefer to remain obscure.  So we know that–according to its own Annual Report–in fiscal year 2009, OHA spent $13,686,447 in its Native Hawaiian granting efforts in fiscal year 2009–including $454,456 for health, $1,056,578 on economic development, $354,456 on “nation building”, and $1,866,993 for “native rights, land, and culture.”

And thanks to the data available on HawaiiSunshine.org, we know that in FY2009, OHA spent $1,017,632.90 on Personnel Services, $1, 411,058.63 on the vague and mysterious “Services on a Fee Basis”, and a head-scratching $46.94 for “Telephone.”

So who benefited from the OHA lobbying effort?  Considering that the legislation–despite a brief flurry of activity in the Democratic Congress–eventually went nowhere, the most obvious beneficiaries of OHAs efforts was not Native Hawaiians or Hawaii’s taxpayers, but rather the Washington, DC office of Patton Boggs–a large law firm specializing in (amongst other things) lobbying.  And one of whose lobbyists was (and its hard to think that this is a coincidence) former Governor John Waihee.

The truly interesting thing about OHA’s rather significant lobbying expenditures is that there is no clear consensus of opinion on the advisability of the Akaka Bill, either among the Hawaiian public at large, or even among Native Hawaiians, a group of whom even attempted to sue OHA for straying too far from its mission in its pro-Akaka activities.  Although the benefits of the Akaka Bill can be debated by both sides, the one organization that unquestionable benefits from its passage (in terms of political power and financial considerations) is the Office of Hawaiian Affairs.  So, in essence, the Hawaiian taxpayers have been paying for a department of the state government to lobby for more power and money for itself in Washington.  And unsuccessfully too.  Along with $20,000 hammers and bridges to nowhere, that may be the very definition of government waste.

OHA: Rant vs. Reason on Race (A Debate)

Hawaii’s splendid isolation has contributed so much to the character of the islands.  Our island paradise owes much to it, as does our culture of family and “aloha spirit.”  On the other hand, those on the mainland have only the slightest acquaintance with the political and social issues we struggle with, and it’s easy for the most complicated and contentious issue to be reduced to static and soundbites by the time they reach Washington, DC.  And that’s how the Akaka Bill, a socially divisive, culturally transformative piece of legislation, gets reduced to “a nice little thing for Native Hawaiians” by the time it hits the beltway.  Few people outside of the Islands know much of our history, and even fewer know much about the Office of Hawaiian Affairs, the Bishop Estate Trust, Kamehameha Schools, or any of the ways that the fight over the Akaka Bill is affecting Hawaii.

And for a perfect moment that really crystallizes the harm that the Akaka mentality is causing in our Islands, one need go no further than the recent exchange between Jere Krischel, an activist and member of the Grassroot Institute of Hawaii and Rowena Akana, a Trustee-at-Large for the Office of Hawaiian Affairs.

The interchange began when Ms. Akana used the bully pulpit of her column in OHA’s monthly newspaper to attack the Grassroot Institute and Mr. Krischel for their opposition to the Akaka Bill—specifically for Mr. Krischel’s statement that the Akaka Bill, “racially segregate families and communities into groups with different rights based on whether or not they have Hawaiian blood.”  Though Akana called this “ridiculous,” she made no effort to defend her position, instead devolving into ad hominem attacks and invective.  She makes the absurd claim that the Grassroot Institute has no roots in Hawaii, and goes on to make the outrageous statement that, “Krischel and his ilk are the foreigners and they are the racists! They need to go back to where they came from and take with them their racist attitude. We don’t need them to spoil our Hawaii.”  As Mr. Krischel is from Hawaii, it leaves one to wonder where she would like him to go “back to.”

It should be unnecessary to treat such obvious slander seriously, but for the record, Grassroot Institute is a member of a national policy network, but has been active in Hawaii, on Hawaii’s issues, since it was founded here in 2001.  Mr. Krischel was born in Hawaii, went to Punahou, had a paper route in Wahiawa, and picked pineapple for Del Monte as a summer and weekend job.  What’s truly outrageous is that Ms. Akana takes the position from the outset that a.) One must pass some sort of “Hawaiian-enough” litmus test before one even dares to express an opinion on the Akaka Bill—a Bill that (let’s not forget) affects all of Hawaii and not only Native Hawaiians); and that b.) Anyone expressing a negative opinion of the Akaka Bill is a racist who needs to get out of Hawaii.

No wonder those who oppose the Akaka Bill state that it will result in a destructive level of racial division in the Islands.  It seems to have a head start on that even without being passed.

In response to Ms. Akana’s column, Mr. Krischel wrote a letter taking exception to her insults, asking for an apology for her accusations of racism, and explaining his motives for his opposition to the Akaka Bill.  Krischel writes:

First and foremost, as a human of many ethnicities and nationalities, I have a strong aversion to any racial categorization. The thought of being defined by one’s ancestry is anathema to me. Although some may wish to label themselves “indigenous” to one area or another, it is my firm belief that ultimately we are all descendants of immigrants and indigenous to the planet earth, and we should treat one another with equality and respect no matter where the bones of our ancestors are interred.

As an American, from a country with a history born of the rejection of hereditary title and monarchy, I strongly believe in the ideals of human equality. Although the United States has not always been perfect in implementing the 14th amendment, it is an ideal to which I believe we should all aspire

. . . .

As a scholar, I also have a strong interest in Hawaiian history, which has been further sparked by my recent participation in the debate over the issues of the 1893 overthrow, race-based government programs in Hawai`i, and the impending Akaka Bill. My father, Walter Benavitz, was a member of the Polynesian Voyaging Society, and participated in the 1987 tour of the Hokule`a. My school, Punahou, was a place of history drawing back to 1841 with a strong Hawaiian studies component.

All of these motivations brought me to the decision that I could no longer remain silent, and allow the racial supremists to dominate the dialogue. Witnessing the current tone and tenor of particular extremists on the issue, those activists inspired the “activist” within me.

It is my sincere hope that with enough constructive discussion, we can overcome our frailties, realize the complexity of “historical truth”, and move beyond the politics of identity. We can and should live in a world that tackles humanitarian issues in a needs-based, race-blind manner.

Ms. Akana’s response to Mr. Krischel’s letter did not do much to continue an open dialogue, rather instructing him to read a number of books meant to open his eyes to the innate racism of his background and the Islands.  She points out that racist attitudes existed in the Islands far into the 20th century (an issue that was not up for debate), and suggests (no doubt to the surprise of Punahou grads everywhere, including—one might think—our current President) that Punahou is an example of that tradition of racism and privilege by pointing out that, “Punahou School was started by the missionaries who did not want to have their children go to school with any Hawaiian or any other minority.”  In her short instruction of Mr. Krischel in her reply, she states that, “You obviously are oblivious not only to Hawaiian History but also to the history of the Japanese and other immigrants who came to Hawaii to work and live.  Otherwise, you wouldn’t be so pie in the sky pious with your attitudes.”

In his response, Mr. Krischel deals with the issues of race and historical examples presented by Akana, pointing out that they further emphasize his belief that any race-based policy would be a mistake.  Krischel writes:

For example, the fact that Japanese and Chinese immigrants, who were the only ones ever treated like second class citizens under law (see the 1887 Constitution of Hawaii which took away the right to vote from Asians), would be excluded from Hawaiian programs and race-based governments seems like adding insult to injury.  My clear understanding of the history of immigration and institutionalized racial discrimination in the past (including race-based pay which put haoles and native Hawaiians on top, Portuguese second, and chinese, japanese and filipino at the bottom), makes me ever more adamant that we should avoid such racial qualifications in the future.

. . . .

if at some point in history someone was racially discriminated against, we don’t achieve justice by racially discriminating against others today.  The answer is to remove *all* racial qualifications from *all* laws and government regulations, and to treat people as equals in both blood and spirit now and forevermore.  The fact that you could somehow interpret my demand for racial equality as some sort of hidden racism just doesn’t seem rational at all, and is why I must insist on an apology from you.

I hope you understand very clearly that the Akaka Bill, and any government program which decides a person’s worth based upon their racial heritage rather than on their individuality, is poisonous, and just as bad, if not worse, than all of the injustices you listed in your reply to me.  While indulging in a spirit of revenge against others may offer some cynical satisfaction, it’s destructive both to the self, and to society.  I clearly understand that the world has not always been a kind place to everyone, and that even in Hawaii, we’ve had many injustices in the past (even before western contact in 1778, when the ali’i ruled supreme and the kauwa served as a permanent slave class).  But the evils of the past do not justify more evil in the present.

I believe Hawaii is a model for the world because as far back as 1840, our constitution declared that all people were “of one blood”.  I believe Hawaii is a model for the world because the Kamehameha Dynasty turned a stone age society into a modern Kingdom in less than a generation by embracing Western ideals, technology and society.  I believe Hawaii is a model for the world because despite the rough patches of our history, we are more kapakahi than anywhere else, and in choosing who we will love and have children with, we ignore race with a passion unmatched anywhere else that I know of.

I also believe that what you currently support in the Akaka Bill, and in the preservation of existing race-based programs in Hawaii, including many OHA programs, threatens very deeply what makes Hawaii so special.

Ms. Akana’s next (and final) letter is very short.  She states that, “When no reparations or any compensation is given for taking or the stealing of Native lands, Natives have every right to seek justice.”  She does not explain how this position fits into the existence of the Bishop Estate Trust or Hawaiian Homelands.  Ms. Akana then declines to continue the conversation.  At no point does she apologize for calling Mr. Krischel a racist.

Mr. Krischel’s reply to Ms. Akana’s final letter are an eloquent examination of the problem with the language of grievance that Ms. Akana employs as her primary argument:

I’ll respectfully remind you that like many others without any ancestors in Hawaii before 1778, I was born in Hawaii, and didn’t migrate here from *anywhere* else.  If you want to point out that my ancestors migrated here from somewhere else over a hundred years ago, I’ll point out that the same is true of the few Marquesans and/or Tahitians in your ancestry who migrated here before Captain Cook arrived in 1778.  The “a small fraction of my ancestors were here before yours were” argument is hardly the basis for any form of government, or appropriate for deciding how to apportion resources between people.

Furthermore, your argument regarding Native Alaskans and Native Americans is fatally flawed and based on a terrible, yet apparently very common, misunderstanding of Indian Law by Akaka Bill supporters.  Native Alaskans and Native Americans do not have any sort of claim on the US based on their bloodline, and my non-tribal part-Cherokee son can attest to that.  There may be federally recognized *tribes* (including the Cherokee Freedmen, who have African American ancestors, and often don’t have any Native American ones), but there is no recognition for someone simply because their ancestors lived somewhere before western contact, which is what the Akaka Bill proposes.  Most Native Alaskans and Native Americans, including my son, aren’t part of any tribe at all, and are treated the same way as other non-tribal citizens are.  Particularly for Hawaii, where the Kingdom nobly declared in 1840 that all people were “of one blood”, and made no distinction between natives and non-natives, creating a new political relationship based on blood is simply racism, pure and simple.

Lastly, there was no “taking or stealing” of Native lands.  You may despise the ali’i for giving away vast tracts of land to their European supporters during the Kingdom Period, and you may despise those native Hawaiians who sold their kuleana lands to non-natives after the Great Mahele, but nothing was taken, and nothing was stolen.  Your pursuit of “justice” here, specifically on the basis of bloodline, is terribly misinformed and ignores the true history of the land.

Now, if you’ve got any sort of specific information about a specific acre of land, that was stolen from a specific person, by a specific person, at any specific time in the history of the Kingdom, Republic, Territory or State of Hawaii, please, share with me – I would love to learn if you have something to teach, and with specifics we can work towards rectifying things without any appeal to race.  But simply waving one’s hands and declaring that you, based simply on your bloodline, deserve some sort of reparation or compensation from me, for some unspecified piece of land supposedly stolen from a native Hawaiian by some unspecified person at some unspecified time, is not a rational argument, especially considering that my non-native ancestors in Hawaii, by your own citations in your first reply, were terribly discriminated against and exploited.  The children of ali’i asking for reparation and compensation from the children of plantation laborers seems distasteful on every level imaginable.

It is no coincidence that the more people learn about the Akaka Bill, the less comfortable they are with it.   Initially swayed by the praiseworthy desire to do something good for Native Hawaiians, the public has been mislead by the Rowena Akanas of this world into thinking that this is a simple “reparations” issue.  But as Jere’s examination of Hawaiian history and the philosophical problems with race-based policies demonstrate, the Akaka Bill actually takes Hawaii in the wrong direction.  And the attempts of Ms. Akana to shut down all argument through invective, accusations of racism, and faulty history are an example of just how far the Akaka Bill can take us away from Hawaii’s spirit of aloha and ohana.

To read the full exchange between Jere Krischel and Rowena Akana, click here.

Weekend Updates

It has been a great couple of weeks for our friends at Hawaii Reporter, who even scored a Drudge mention and a Tonight Show one-liner out of their coverage of the Obama family vacation (see below).  So how about a quick round-up of things that cost us money?

John Carroll has an examination of the Jones Act and how it damages the Hawaii economy.  You know, the Jones Act debate isn’t exactly glamorous.  Most people can’t even get past the fact that it’s about maritime law before getting a tad sleepy.  But if you live in Hawaii, this is important.  Ever wondered why you practically need to a second mortgage in order to buy a box of cereal?  The Jones Act is the answer.  A small group of politicians and activists have been trying for a long time to get a Hawaii exemption to this federal law, and it’s time that their reforms got a fair hearing.

And then there’s the analysis of how the current Administration’s policies are going to mean higher gas prices.  Not good news for those in the Islands–where even when things aren’t bad, mainlanders blanch at our average per-gallon cost.  And no, the answer is not light rail.  Higher fuel prices trickle down, and it’s about more than just what you pay at the pump.  You pay those higher gas prices when you buy bus tickets, toilet paper, and just about anything else.

And finally, a lighter note.  Here’s the Tonight Show monologue with the mention of the Obama vacation cost.

More on Native Hawaiian Companies

For those who were intrigued by the Hawaii Reporter investigative work on the rise of Native Hawaiian Companies (and their somewhat incestuous relationship with government spending and granting), there’s more to be learned via the rise of Alaska Native Corporations.  A recent piece from the Alaska Dispatch sends about the success (and questions it raises) of the ANCs that gives a clue to where Hawaii may soon be headed:

In the face of explosive growth, and the huge financial successes and sometime extreme abuses that have occurred along the way, Alaska Native Corporations have come under heightened scrutiny, most notably by U.S. Senator Claire McCaskill (D-Mo.), who has pushed to end the contracting privileges of ANCs. It seems that for every success story about a company that’s used 8(a) contracting as a springboard to independence, there’s a concern raised somewhere about someone abusing the system. To combat the negative press and defend the privileges of indigenous people to fully engage their rights as uniquely situated business owners who are working for not just a handful of individuals but for entire communities, advocacy groups like Native 8(a) Works have also cropped up.

. . . .

This year news stories in Alaska and beyond have chronicled questionable contracts, high paid executives, and whether the money is making it back to the people Alaska Native Corporations are congressionally mandated to help — the impoverished people and communities of their region of origin. Most recently, articles by the Washington Post and ProPublica demonstrate how imperfect and thorny the intersection the of the U.S. government’s tribal obligations with politics, wealth and poverty, corporations and shareholders, taxes and accountability, can be.

Native Hawaiian organizations and their subsidiaries have only in the last several years begun to navigate the government contracting privileges that Alaska Native corporations have spent two decades learning to fully engage. If NHOs continue to follow the path cut by ANCs, they may well encounter great success. Should they find it, they can expect plenty of tough questions about what they’re doing, how they’re getting it done, who’s making money and who’s not, and whether taxpayers are getting a good value along the way.

The Akaka Industry

Conventional wisdom says that (despite the boasts of our newest Governor) with the new Republican Congress in place, the Akaka Bill is effectively dead for the time being.  The theory is that the Bill never had much support among Republicans in Congress, and no Democrats will be willing to expend large amounts of political capital in order to push for it.  How true this is remains to be seen, but there are some groups in Hawaii who have way too much invested in the Akaka Bill to let a mere detail like political deep-freeze derail their efforts to promote it.

Like (brace yourselves for the surprise) OHA.

In a rather irregular move, OHA Trustee Haunani Apoliona called for OHA to continue its efforts to enroll Native Hawaiians for a possible Native Hawaiian government as called for by the now-defunct Akaka Bill. The reasons given by Apoliona and OHA CEO Clyde Namuo are fairly predictable–and they take care to note that they are looking to enroll Hawaiians living outside of Hawaii.  The reason for this effort is fairly obvious–OHA clearly believes that it will be easier to pass the Bill in the future if there is an established roll of “qualified” Native Hawaiians to be recognized by such a bill.  So a future version of the Akaka Bill will simply be able to reference the OHA-headed group as the Native Hawaiian government without the accompanying concerns about who should be included and how registration should proceed.  In addition, OHA clearly has a lot invested in being the preeminent Native Hawaiian organization in any Native Hawaiian government.  Sovereignty groups and other Native Hawaiian organizations that question OHA’s actions and motives can be absorbed and disarmed by OHA preemptive organization, thereby shutting down or minimizing any Native Hawaiian opposition to a future Akaka Bill.

There is, after all, a great deal of money and political power at stake.  It would be asking too much to think that OHA could just let that go.

The Lure of Bad History

A long time ago, in a state far, far, away, I was a history major.  In answer to the question already forming on the lips of some of my readers, no.  I did not want to be a teacher.  I was a history major because I liked history in general and I liked it a whole lot more than other things that one can major in. I also, quite obviously, had no notion whatsoever of useful majors for lucrative post-college careers.  But that’s not the point of being a history major.  The point of being a history major is the ability to watch movies and then bore your friends with a huffy catalog of historical inaccuracies therein.  Be kind to your history major friends as they do this.  They had to write 20-page examinations of the political situation in medieval France and have no other outlet for this knowledge.

And we do live in a world full of historical inaccuracies.  This is nothing new, of course.  The temptation to reframe history for one’s own purposes (or because of one’s own biases or learned biases) is an eternal one.  What’s important is that we recognize that tendency and work to prevent it from becoming the basis of bad policy.  No, I’m not just legitimizing your friend’s tendency to go on about the problems in the movie Titanic.  (A noble calling in itself.) To some extent, history can be a matter of interpretation, but we can’t just give bad facts and specious interpretations a pass.

And when it comes to Hawaiian history, boy do we have a minefield of inaccuracy.  Whether based on the desire to romanticize the past or a political agenda, very few things have become as distorted as Hawaii’s path to US statehood.  It can even rear its head in a simple corporate publication, as Ken Conklin’s recent article in the Hawaii Reporter demonstrates.  Conklin identifies and corrects a series of inaccuracies in a recent HMSA magazine. The article is worth reading in its entirety, but here is a small sample:

Jokiel writes “In the years following the 1893 overthrow of the Kingdom of Hawai’i, the new government worked tirelessly to eradicate the Hawaiian language.” That’s totally false. Here’s what’s true.

Immediately after the revolution of January 17, 1893 royalist newspapers (both Hawaiian and English language ones) were suspended by the Provisional Government. That’s normal after any revolution. But after a few weeks all the newspapers resumed publication, with zero censorship.

Noenoe Silva published a book in 2004 entitled “Aloha Betrayed: Native Hawaiian Resistance to American Colonialism.” On page 181 Silva says there were both Hawaiian-language and English-language newspapers supporting Lili’uokalani after the overthrow and throughout the Republic period; and also newspapers in each language that were pro-Republic.

When the Republic of Hawaii was created in July of 1894, its Constitution was published in both English and Hawaiian. The continued publication of Hawaiian language newspapers, and publication of the Republic’s Constitution in Hawaiian, clearly disprove Jokiel’s assertion that “the new government worked tirelessly to eradicate the Hawaiian language.”

Native Hawaiians and Fed Contracting Preferences

If you have a strong stomach for pork and no family history of high blood pressure, I highly recommend the latest article in Hawaii Reporter on federal contract preferences for Native Hawaiian companies. If you live in a cave without access to television or radio (which might make me wonder how you’re reading this blog), you’ll even be surprised to see that Senator Inouye figures heavily in the awarding of lucrative federal contracts to Native Hawaiian-owned businesses.  If nothing else, the article demonstrates that the stereotype of Native Hawaiian businesses as struggling shoestring operations desperately in need of help is rather ludicrous.  Unless one is so fortunate as to consider $738 million over ten years mere pocket change.  Some highlights from the article:

A handful of Native Hawaiian-owned companies used federal contracting preferences authored by U.S. Sen. Daniel Inouye, D-HI, to land some $500 million in non-bid or reduced competition government work since 2005, according to federal purchasing records.

Officials, employees and partners of many of the same companies donated nearly $100,000 during the same period to the Inouye election campaign and $100,000 more to other members of Hawaii’s congressional delegation, files of the Federal Election Commission show.

. . . .

One of the most successful local companies to land federal contracts is Akimeka Technologies, LLC.

From 2005 to 2010, Akimeka received some $67 million in federal contracts, according to two U.S. government procurement websites.

The company that changed its name this year to Ke’aki Technologies (http://www.keakitech.com/) is now part of a joint business venture called Manu Kai.

Last year, Manu Kai received a $738 million, 10-year contract award from the U.S. Navy to support base operations at the Pacific Missile Range Facility on Kauai.

. . . .

Officers and employees of Akimeka/Ke’aki donated $57,500 since 2005 to the political campaigns of Inouye and other prominent Hawaii Democratic politicians, including former Congressman and now-Governor Neil Abercrombie and Congresswoman-elect Colleen Hanabusa.

. . . .

None of the NHO subsidiaries operating here that have received federal contracts is willing to discuss in detail the amount of money they have dedicated to improving the lives of Native Hawaiians.  Few even responded to requests for such information.

David Cooper, president of The Hana Group, Inc. http://www.thehanagroup.com and HBC Management Services, Inc., http://www.thehanagroup.com/ two NHO subsidiaries that have received some $53 million in federal contracts since 2005, said the companies provide financial support to their non-profit parent, Pacific American Foundation.

Omnibus Luau

I don’t know why we should be surprised that Senator Inouye is so accomplished at adding pork to the federal budget.  After all, if there’s one thing we love out here, it’s a luau.  But even the most liberal spender might blanch at the provision that Inouye just attempted to slip into the notorious Omnibus Spending Bill:

NATIVE HAWAIIAN RECOGNITION STUDY AUTHORIZATION
SEC. 125. The Secretary of the Interior shall, with funds appropriated for fiscal year 2011, and in coordination with the State of Hawaii and those offices designated under the Hawaii State Constitution as representative of the Native Hawaiian community, including the Office of Hawaiian Affairs and the Department of Hawaiian Home Lands, and the Attorney General of the United States, examine and make recommendations to Congress no later than September 30, 2011, on developing a mechanism for the reorganization of a Native Hawaiian governing entity and recognition by the United States of the Native Hawaiian governing entity as an Indian tribe within the meaning of Articles I and II of the Constitution.

Allow me to cut through the legislation-ese:  This provision grants an unspecified amount of money for a study (made in cooperation with OHA and the Department of Hawaiian Home Lands) on implementing the Akaka Bill constitutionally.  If it weren’t for the fact that it’s a blatant pork project, one would be tempted to say something like, “Hey, since you’ve been pushing for this for years, don’t you think it would have been good to address this earlier?”  However, given the nature of politics and the truer meaning of this project, perhaps the best response would be, “Hey, you sure have a lot of nerve funneling money to the two biggest supporters of this legislation to produce a ‘study’ that will support it.”

Akaka’s Civil Rights Problem

So much of the argument for the Akaka Bill is couched in Civil Rights terms–we are given to understand that to oppose it is to somehow oppose the rights and privileges of Native Hawaiians.  In fact, one of the most pernicious historical fallacies surrounding the former Kingdom of Hawaii as it relates to the argument for the Akaka Bill ca be found in the way that Akaka supporters blithely ignore the multi-ethnic make-up of the Hawaiian government at the same time as they push for the wholesale creation of a race-based “reorganization.”  In light of this sensitive question, it might be interesting to examine where some of the nation’s experts on matters of civil rights stand on the Bill.

Would you be surprised to hear that they oppose it?  It’s true.  On Dec. 7, 2010, the United States Commission on Civil Rights delivered a letter to key Congressional leaders reiterating their opposition to the Akaka Bill. If you’re interested, you can read the letter in full here.  (And the earlier, more detailed letter it references can be seen here.)  Without equivocation, the USCCR expresses its opposition that any attempt made to attach the Native Hawaiian Reorganization Act to a spending bill this session.  In addition, the letter states that the changes that have been made or proposed to the Act are insufficient to overcome the constitutional concerns that have been raised, and reiterates the Commission’s opposition to the Bill.

What is the source of the Commission’s opposition?   The reasons given should be familiar to most of those who have made a careful study of the legislation and its possible consequences: that Congress lacks that constitutional authority to thus “reorganize” ethnic groups into dependent sovereign nations without a strong history of self governance; that doing so will set a dangerous precedent; that it should not be used as an attempt to shore up race-based benefits threatened by recent court decisions; and that it is contradictory to the history of the Hawaiian government.

Above all, the opinion of the Commission makes it clear that the questions of race that surround the Akaka Bill are far more complex than Akaka’s supporters would like to admit.  It’s as though, in their efforts to help one ethnic group, the pro-Akaka lobby has deliberately ignored the fundamental principles of civil rights.