These cases, and many others like them, have Hawaiians concerned about native programs and institutions. Because Native Hawaiians are not federally recognized as a tribe, legal challenges against so called “race-based” organizations are finding success in the courts. Many Hawaiians are lobbying Congress to pass the Akaka Bill – legislation that enters Native Hawaiians into a trust agreement with the federal government, resulting in status and rights similar to Native Alaskans and American Indians. Although the Akaka Bill has many opponents, its’ supporters claim that federal recognition is the only way to stop cases like Arakaki and Kamehameha Schools from dismantling Native Hawaiian programs. Charlie St. Germain, a Native Hawaiian now living in California, admits, “there are still questions about the Akaka Bill,” although ultimately “I support the Bill because I believe it’s going to save us – the Hawaiians – in the long run” (Sing: 2003).
Because Congress reconvened on Sept. 2, the major players both for and against the Bill are making every effort to bolster their side’s argument. Democratic U.S. Representative Ed Case has put pressure on Hawaii’s Republican governor, Linda Lingle, to seek President Bush’s support of the Akaka Bill. Although Lingle has planned a trip to Washington D.C. to lobby key GOP senators, she has made a promise to keep the Bush administration neutral. The OHA trustees are also visiting D.C. this month to promote the Bill. They hope to collect 100 letters from mainland residents supporting the Bill and distribute them to each of the U.S. Senators. Groups of community based Hawaiian organizations are conducting workshops on the mainland in an effort to increase local support of the Bill. Senator Daniel Akaka hopes for a floor vote on his bill sometime this month, though he realizes the packed congressional calendar poses difficulties.
Lobbying against the Akaka Bill is also in full force. Do a quick search on the internet, and many sites appear asking petitioners to join the fight opposing the Bill. Hawaiians oppose the Bill for two primary, but very different, reasons. Groups like Aloha4all, whose members include some of the Arakaki lawsuit plaintiffs, generally feel that Native Hawaiians do not deserve the special entitlements provided by the Bill.
Other Hawaiians opposing the Bill claim the special entitlements provided to indigenous groups are far inferior to what they deserve. These challengers fear that the Akaka Bill grants total control of Native programs to the Department of Interior (currently being sued by American Indians for billions of lost dollars in land trust assets) and a select few Hawaiians. Another concern is the extinguishing of Native Hawaiian rights regarding land claims settlements. The Akaka Bill – in Section 3, Part 7 – also provides a very narrow definition of Native Hawaiian that could potentially create new class segregation in indigenous society. Fundamentally, Native Hawaiians opposing the Akaka Bill worry that the real goal is “state determination” rather than “self-determination.”
Native Hawaiians now find themselves in the middle of a confusing, but extremely important, time. Should they support the Akaka Bill, trusting that federal recognition will provide protection for indigenous programs, lands, and people? Or do they rally against the Akaka Bill and try to regain control of Native Hawaiian affairs from Washington? Supporters of the Bill realize its lack of perfection, but fear that in the face of lawsuits like Arakaki and Kamehameha Schools, federal recognition offers much needed protection. However, many Native Hawaiians reject this “as good as it gets” attitude and will continue to stand up to the Akaka Bill, fighting for greater self-determination or even independence.
