Federal rule denies Hawaiians the right to rule themselves
Self-determination, as defined in international human rights instruments, is the right of all peoples to freely determine their political status, and by virtue of that right to freely pursue their economic, cultural and social development.
Under this definition, the new federal rule announced by the U.S. Department of Interior (DOI) is a denial of the Hawaiian Peoples’ right to self-determination.
Drafted in Washington by federal bureaucrats, the rule ensures that the new Hawaiian nation will not have any land, will not be able to raise funds through taxation and economic development, and will not be able to bring historic claims to the federal courts for redress. Reparations are owed by the United States and the state of Hawaii for the adverse ramifications of the overthrow and the system of wardship that resulted from the passage of the Admission Act.
It is doubtful that many people, Hawaiians and non-Hawaiians, have the time to read the 172-page rule sent electronically from D.C. But the seven-page paper accompanying it is an easy read that clarifies the true intent and impact of the rule.
That paper — “Frequently Asked Questions on Part 50-The Final Rule for Procedures for Reestablishing a Formal Government-to-Government Relationship with the Native Hawaiian Community” (see http://808ne.ws/2dtCkSS) — makes it clear that the Hawaiian Nation will have none of the powers and authorities currently granted by the U.S. to the Indian nations.
Hawaii is the only state in the Union where there are two state agencies overseeing the lands and resources of indigenous peoples. These agencies control a percentage of revenues (Office of Hawaiian Affairs) and land (Department of Land and Natural Resources) set aside by the United States and the state of Hawaii for Native Hawaiians, who are wards of the state.
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Recognized Indian nations control their own lands, territories and resources. They have the power to zone their lands for economic undertakings and for the construction of housing, schools and medical facilities. They raise revenues through taxation, and their national establishments are exempt from federal and state taxation.
Federal statutes specifically allow for Indian nations to sue the United States directly in federal District Court to enforce their treaty rights, and for restitution. Native Hawaiians will have none of these rights under the new DOI rule.
In his recent opinion piece, OHA Chairman Robert Lindsey Jr. asserted that the new rule is a “tool for Native Hawaiians to protect what we have and pursue what we deserve” (“New rule will help Native Hawaiians achieve political self-determination,” Island Voices, Oct. 2). This is simply not the case.
As someone who helped craft the United Nations Declaration of the Rights of Indigenous Peoples and as an attorney who has been working on this issue for decades, I speak from an in-depth understanding of the law on indigenous rights, and as a defender of the rights of the Hawaiian people.
Lindsey also asserted that “affirming Native Hawaiians’ indigenous status strengthens Hawaiian rights and protects Hawaiian resources. This is what OHA was created to do.”
Yes, indeed. But it remains to be seen whether OHA has in fact fulfilled its sacred trust and dealt in good faith with the Hawaiian people and all the people of Hawaii.
OHA must be held to the highest standards of governance and accountability. To not do so is to betray the mission with which it was entrusted and break faith with the people of Hawaii.
Questions about OHA’s stewardship of the assets entrusted to it must be asked. And answered. It is the least the public in general, and Native Hawaiians in particular, deserve.
Mililani Trask is an attorney and sovereignty activist; she is a candidate for Office of Hawaiian Affairs trustee.
34 responses to “Federal rule denies Hawaiians the right to rule themselves”
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The racist speaks.
She is right. Many Hawaiians frustrated. Maybe 1% will be coming out of the closet. Maybe Bumpy was right seizing Makapuu, then Kaupoo Beach. His community in Waimanalo keeps growing, both, membership hand acreage.
The only trouble is that most Hawaiians distrust OHA and also do not believe they are tribal. There is no case against the USA and indeed the USA may have the right to sue for the return of billions of dollars transferred to Hawaiians in the past 200 years. The best claims against a Hawaiian governing entity would be from the displaced Marquesans who got to Hawaii first and then suffered an illegal invasion, slaughter, and enslavement by invading Hawaiin Tahitians. Let us tell the full story, please.
Allie, why did Captain Bligh bypass the Marquesas when he and his men were set adrift by Fletcher Christian after the mutiny on the bounty?
You right Allie, lots of Hawaiians are not happy with OHA. Again just have to do what Bumpy did, take it back. When he seized Makapuu during the transfer from Federal inventory of surplus land to the State, he intervened. Cops were sent up the mountain, no body knew what went on except the cops and Bumpy’s group. No media, by 0800 in the morning all the violator’s were gone from the station after posting bail. Only guy left behind Bumpy. That’s when they started to come around. Bumpy took the “jerk” for that one. When he seized Kaupoo Beach Park, right off of Kalanianaole High across from Sealife Park, this drew all kinds of attention, especially after the apology letter came out. When the State told the cops that they have remove Bumpy from the park, they asked us how are we going to do….HPD said we are going to mount a hugh assault with SSD, DLNR, State Sheriffs, CRU Units. State said you can’t do that, then don’t ask us…really…I was one of Sergeants on the Task Force. They cut a deal with Bumpy, he got the back land at Waikapunaha, with money for infrastructure. Now he got a place for his group, The Nation of Hawaii. When the State held the Asian Bankers Development conference here in Hawaii, they put Bumpy on the planning committee…to control Hawaiians so they..”no act up in front of the world”. I was Lieutenant assigned to remove high level Digs..if something bad happened. If I were a young Hawaiian man looking to join a Hawaiian movement, Bumpy is doing something right. Faced Bumpy twice across the line, then we were on the same side all of a sudden weird how events turn around.
Bumpy has always said that Hawaiians are not tribal, not indigenous native American and not in need of handouts that cripple independent actions. I agree with him.
The Hawaiians were sovereign.
Tunnel vision, as always, by a Hawaiian. A reminder that the rule referenced results from the US Supreme Court ruling in Rice v Cayetano that reviewed the state’s construct that sought to position non native Hawaiians,like Ms Trask, as a quasi government over native Hawaiians. Hawaiians and native Hawaiians was the construct. The Rule reminds the state and its Hawaiians that congress acknowledged a native Hawaiian Indian tribe in 1921 in the Hawaiian Homes Commission Act, which did not acknowledge Hawaiians per se. The Rule also works hand in hand with the Tribal Recognition Act, which positions Hawaiians as a “splinter group” of the original true group, native Hawaiians of the blood. This editorial is more of the same old lies and more lies in pursuit of reparations from the state or the United States, which is never going to happen but folks like Ms Trask keep perpetuating the myth for personal reasons. Hawaiian law, that she practices is itself an unconstitutional construct. Secession through the UN. A pipe dream. All this in pursuit of a cover story for the illegal and corrupt scheme of a certain late great US Senator who diverted funds from congress to Hawaiian actually intended for native Hawaiians.
Should white people also have the right to rule themselves? Should Asians also have the right to rule themselves?
“Hawaiians” are Asians, or Americans of Asian ancestry with a small percentage of native Hawaiian ancestry. Rice said, Ancestry can be a proxy for race and it is in this instance.
Hawaiians are Caucasian and/or Asians now. And they look it. But as far as sovereignty and independence go, yes, let us have a general vote after an honest and accurate discussion of history and the current situation. If you want to bar 80% of the population from the vote as they are of the wrong race, so be it. Hawaiians voted for statehood in 1959 in overwhelming numbers and will vote down independence in large numbers. 3% want it but, frankly, they don’t
discuss the negative consequences for Hawaiians. Bumpy may be a shibai artist but he also knows Hawaiians do not support him.
All people have the right to rule themselves.
self-de·ter·mi·na·tion
noun
the process by which a country determines its own statehood and forms its own allegiances and government.
“the changes cannot be made until the country’s right to self-determination is recognized”
the process by which a person controls their own life.
That’s the problem. They are not right. They are wrong.
Trask mentions, “Recognize Indian nations control their own lands, territories and resources.” They raise revenue through their main source of income…Indian Casinos, not taxation especially when their national establishments are exempt from federal and state taxation. Isn’t it one of the long range goals for the people seeking Hawaiian sovereignty? Easy money (casino gambling) by establishing a Hawaiian nation and having the means to control their own land, territories and resources.
It’s too bad dis’ aunty is getting too old and maybe even get a few loose screws up there for understand a few basic tings. “Da Rule” not 172 pages, more like 19 or 20 pages. Get one 140-some-ting pages of comments and responses before da rule.
Da Rule no say Hawaiians neva going get land. Da rule no say Hawaiians no can make money.
Your time wen pass already. Move-on cuz we moving on without you.
Maybe you should learn how to write English….. so we can understand what you are sayng. I don’t agree with Mililani but I understand what she is writing about. If you are a Hawaiian you are making them look stupid.
Robert Lindsey is an incumbent OHA trustee and chairman of OHA. For 20 years he has pushed the Akaka bill and the federal recognition Obama regulation, spending over $33 Million on that project. He is on the ballot for re-election. Mililani Trask is on the ballot as his opponent. It’s very simple. To get rid of Lindsey, vote for Trask. Likewise, Haunani Apoliona has been on the OHA board for 20 years, was formerly chair, and is now on the ballot for re-election. To get rid of her, vote for her opponent Dr. Keli’i Akina. This election is the only way the people of Hawaii can change what’s going on at OHA. Carpe diem! (Seize the day)
What exactly makes anyone think that a sovereign, even seceded Hawaii, would ultimately be ruled/governed by “native” Hawaiians? Does this group have the population, or financial, political, and military prowess to dominate much more powerful competing interests?
At best, Hawaii could only survive as a subservient client state, similar to Cuba or North Korea.
That is why I call for a referendum where all can vote on the issue. Even if the 80% of the population who are not Hawaiian are barred from the vote, Hawaiians would still vote against independence. Most would vote against the wasteful OHA as well.
Hawaiians want to determine their own destiny by developing a Nation. Nothing wrong with that. The processes involved are complicated and may be more exclusive than inclusive for most of the people.
Hawaiians cannot even figure out among themselves what to do and which direction to take. How are they going to “rule themselves”? And by “Hawaiians” are they referring to race (e.g. “Germans”, “Chinese”, “Vietnamese”), or a person from a place (e.g. “Californian”, “Floridian”, etc.)?
I believe it is Race based. I may be wrong, but thats my understanding.
Yes, it is indeed race based, and as such, will probably not pass a constitutional court challenge. The eternal conundrum for Hawaiian sovereignty is to pursue being a fake Indian tribe without the history or privileges attached or to pursue a pipe dream of an independent nation. (Secession is illegal and leads to horrific consequences.) Any sovereignty based on the legacy of the Kingdom will need to take into account the descendants of its non-Hawaiian citizens. Trask had demonstrated enough racial prejudice in the past to make that last bit highly unlikely in any scenario she supports.
How about the Hawaiians make it their business to improve themselves by demanding that OHA/DHHL do a better job with the poorly managed resources allocated to them? Or how about demanding that the underperforming public schools do a better job of educating Hawaiian children. Or, God forbid, demand that the sacred cow Kamehameha Schools do more to lift up low income Hawaiians than to perpetuate the existing Hawaiian elites. This “nation building” is really going nowhere for a number of reasons, but there are things not being done that would make Hawaiians stronger as a people. Trask is just pushing the same tired agenda that has gone and will continue to go nowhere.
Agree. Trask is a tired old hack who cashed in a long time ago. And as a native American, I can tell you Hawaiians are wonderful people that we respect but that they are in now way tribal. Most Hawaiians today are actually more caucasian or Asian or both. Nothing wrong with that. It is just the reality.
Was it Trask who made the comment “a one armed bandit” about a certain late great US senator? Here’s a good youtube with the great Andrew Walden that sheds some light on it:
https://www.youtube.com/watch?v=Cs2SfiK6gxI
This commentary refers to Part 50-The Final Rule for Procedures for Reestablishing a Formal Government-to-Government Relationship with the Native Hawaiian Community.
How many of the folks posting here have taken time to read it before spouting off?
Mahalo DOI, in denying Hawaiian people, the right to self-determination and from building a nation; because Hawaiian cannot see eye to eye! So, from stopping……………………..
Alert, OHA needs to be audited, The trustees are stealing monies from beneficiaries, by paying themselves bonus, along with misusing beneficiaries money for personal gain!
ALL TRUSTEES SHOULD BE FIRED! with constant spending and spend again, on themselves and the same selected Hawaiian’s without making whole to the Hawaiian’s that was excluded! I hear and see to many “thousands” of Hawaiian Families struggle by from our Grand parents, parents to our children and many generations of Hawaiians. Suggestion; every Hawaiian purchasing a home should receive $10,000.00 for down payment on a home,
Alert, DHHL better get with the program “OHA Should pay all first time purchaser” $10,000.00 as a down payment and help Hawaiian’s get into home ownership!
Not many Hawaiian’s looking single family homes, perhaps using some of the Hawaiian Land’s in Kakaaka Area, to build condo’s for those that are single and elderly! Stop hiding us Hawaiian’s in back of mountain’s or out in Waianai Area/Hawaiian’s own lands on the windward side, and the east side………we own Hawaii Kai/Sandy’s your name it!
I love you!!!! I have been saying that for years. I shared my views on a DHHL survey couple years ago. I want to decide where I live not tell me where I must live. DHHL: where is the condo in Kaka’ako? Don’t you think Hawaiians want to live there and have a walkable lifestyle too near the Iolani Palace, Kawaiaha’o Church, Kamehameha statue. Like kkelli said, why must we live far from our Honolulu? DHHL: Kaka’ako Now
Trask sold out a long time ago. Why would anyone believe her now?
Mililani Trask is a vicious, vindictive, petty, small-minded self-serving borderline bipolar personality who would be queen. She’s already enriched herself at the OHA trough to the tune of hundreds of thousands unaccounted-for dollars; heaven help us if she should get elected to OHA again!
euphemistic but all true
Mililani obviously hasn’t read the rule in its entirety either. All it does is provide a process for recognizing a Hawaiian indigenous government that the DOI can work with. Issues regarding land, etc can be negotiated for once Hawaiians have the power to do so. Right now they don’t. Sounds like Mililani prefers the status quo. Like or not, the rule does provide for furthering Hawaiian self-determination.
Trask. It figures.