News
May 2007: Congressional committees move on recognition bill
Support Info
110th House of Representatives Contact Info (excel doc.)
Testimony of Gregory G. Katsas
Anaylsis of Testimony of Gregory G. KatsasNew version of Hawaiian recognition bill introduced in Congress
S.310 (text) - Native Hawaiian Government Reorganization Act of 2007 (Senate)
S.310 (.pdf) - Native Hawaiian Government Reorganization Act of 2007
H.R. 505 (text) - Native Hawaiian Government Reorganization Act of 2007 (House)
OHA Chairperson Haunani Apoliona's remarks on the introduction of S. 310
NY Times: A chance for justice in Hawaii
Dissenting commissioners blast civil rights panel's report
Senators criticize Civil Rights Commission report
Government Accountability Office criticizes Civil Rights Commission
Bar Association backs federal recognition for Hawaiians
Analysis of Amendments by Charles Wilkinson (.pdf)
Wilkinson: Wisconsin tribe faced same arguments
Wilkinson: Akaka bill promotes redress
Bill Meheula: Amendments strengthen protection against race-based lawsuits
Akaka says Justice Dept. concerns won't stop recognition bill
Sen. Akaka announces proposed amendments to Hawaiian recognition bill (9/16/05)
Position statement of the ATTORNEY GENERAL of the state of Hawaii (.doc)
Why the Akaka Bill DOES NOT:
- Expand Casino Gaming
- Permit a Land Grab
- Facilitate Secession
- Establish a Race Based Government
- NHGRA State's Right White Paper
- Fed Rec Status
- NHGRA True Facts
Background Information
Factual information, legal analyses and other background material on the Native Hawaiian Government Reorganization Act\
Civil unrest
Hawai‘i's controversial new advisory committee to the U.S. Commission on Civil Rights holds rushed hearings on the Akaka Bill that have many critics questioning the committee's process itself
> See also: OHA testifies in support of the Akaka Bill, September 5, 2007
By Crystal Kua / Director of Communications
From Ka Wai Ola, September 2007Those for and against passage of the Akaka Bill packed the state Capitol auditorium last month to testify before a newly constituted Hawai‘i advisory panel to the U.S. Commission on Civil Rights.
But much of the attention surrounding the meeting of the Hawai‘i State Advisory Committee wasn't necessarily on the testimony, but rather on the committee itself. In a highly unconventional move, the Civil Rights Commission's staff director in Washington recently appointed no fewer than 14 new members to the 17-member Hawai‘i Advisory Committee, including a number of opponents to the bill, formally known as the Native Hawaiian Reorganization Act of 2007. That led to criticism that the committee was being "stacked" against passage of the bill.
Critics, including some members of the committee, charged that the USCCR's Washington-based staff was manipulating the process to rush through a recommendation against the Akaka Bill, which seeks federal recognition of Native Hawaiians as an indigenous people with the right of self-governance.
"We do not understand why this process is being rushed," wrote committee members Robbie Alm and Amy Agbayani in a letter to committee Chairman Michael Lilly. "Is there a commitment for specific action or result of which we have not been told? We certainly hope not."
Hawai‘i's congressional delegation, including the bill's namesake and sponsor, Sen. Daniel Akaka, also signed a letter objecting to the way the committee was proceeding.
"It would almost appear that the Commission has its own agenda and its own timetable," the four- member congressional team wrote in a letter to the USCCR.
Others, like Office of Hawaiian Affairs Board of Trustees Chair Haunani Apoliona, accused the Washington, D.C., based commission staff of manipulating the local advisory committee. "I am appalled," Apoliona told the committee. "I want to register my complaint that the (commission and staff) appear to be misusing Commission powers, duties and responsibilities by conspiring to prevent enactment of the Native Hawaiian Government Reorganization Act."
At the Aug. 20 meeting, Committee Chairman Michael Lilly responded to the criticism, assuring people in the audience that Washington is not dictating the path that will be taken by the committee. "This committee has taken control of this agenda," Lilly said during the hearing.
The chairman of the U.S. Commission on Civil Rights, who attended the Honolulu meeting, also took exception to the criticism that the commission was stacking the deck against the Akaka Bill. "The commission has no business directing any (state advisory committee) to do anything. We can have conversations. We can make recommendations. But we cannot dictate anything," Gerald Reynolds told The Honolulu Advertiser.
Meetings are scheduled to continue this month, but it's not clear what will happen once the briefings are completed.
The new members recently added to the panel include attorney H. William Burgess, an Akaka Bill opponent who unsuccessfully filed a lawsuit seeking to do away with the Office of Hawaiian Affairs and the state Department of Hawaiian Home Lands. Also appointed were James Kuroiwa, Jr., who was a plaintiff in the Burgess lawsuit that challenged state funding of Hawaiian programs, and Paul Sullivan and Thomas MacDonald, both of whom have written against the bill.
At its Honolulu meeting, the panel heard first from state Attorney General Mark Bennett, who made the case for why the Akaka Bill should be passed and why the measure is not race-based, as some opponents charge. "The claim that the Akaka Bill creates some sort of unique race-based government at odds with our constitutional and congressional heritage contradicts Congress's longstanding recognition of other native peoples," Bennett testified.
In response, Roger Clegg, president and general counsel of the Virginia-based Center for Equal Opportunity, said the bill is race-based and unconstitutional. "It is divisive, unfair and discriminatory," Clegg said.
Representatives of several Hawaiian organizations testified in favor the bill, and a busload of students from Kula Kaiāpuni ‘O Ānuenue attended the hearing to show their support for native self-determination.
Those who testified against the bill also included representatives of Hawaiian organizations seeking independence from the United States.
WHO'S WHO
Lilly Alm Barbee-Wooten Burgess Colburn Johnson MacDonald Tanna
Agbayani Ang Benck Char Fujimori Kuroiwa Sullivan
Young Chairman Michael Lilly Republican. Partner in Ning, Lilly and Jones. Former Hawai‘i Attorney General during Ariyoshi administration. He is also a former president of the Hawai‘i Bar Association and served in the Navy. U.S. Commission on Civil Rights Staff Director Ken Marcus has said he believes Lilly opposes the Akaka Bill, but Lilly is not saying. A recent Honolulu Star-Bulletin editorial reported that Lilly regretted writing a disparaging limerick about a Native Hawaiian defendant. The controversy came in response to an accusation by the late attorney David Schutter that claimed in 1995 that Lilly was a "racist," an allegation that Lilly denies.
Amy Agbayani Democrat. Director, University of Hawai‘i Student Equity Excellence and Diversity Office and former chair of the Hawai‘i Civil Rights Commission and chair of the Hawai‘i Judicial Selection Commission.
Robbie Alm Democrat. Hawaiian Electric senior vice president. Also chairman of the Hawai‘i Justice Foundation Board, which allocates money for nonprofit legal representation in state. Former director of the state Department of Commerce and Consumer Affairs.
Kheng See Ang Republican. HMSA consultant. Signed online petition opposing the Akaka Bill.
Daphne Barbee-Wooten Democrat. Attorney, former member of the Hawai‘i State Advisory Committee, 1989-1995, and a U.S. Equal Employment Opportunity litigator from 1995 to 2001.
Jennifer Benck Republican. Attorney in Carlsmith Ball LLP and works in the firm's real property, land use, hospitality and project finance section. Though she doesn't list it on her resume, she worked for anti-Hawaiian-program litigators H. William Burgess and the late Patrick Hanifin, work she reportedly described on her Hawai‘i Advisory Committee application as related to legal issues of civil rights and Hawaiian sovereignty.
H. William Burgess Republican. Lead attorney in the Arakaki v. Lingle case, now trying to get five non-Hawaiian clients including Thurston Twigg-Smith to sign up for Kau Inoa (see story on page 6). The Honolulu Advertiser has reported that Burgess is also legal counsel for the Grassroot Institute of Hawai‘i. Founder of Aloha for All, which opposes the Akaka Bill.
Vernon Char Independent. Partner in Char, Sakamoto, Ishii, Lum and Ching and former Hawai‘i Deputy Attorney General under Ariyoshi. He is listed as a charter member of the Hawaiian Ultra Running Team (HURT), formed in 1991. Other members include Bill and Sandra Burgess. The Honolulu Advertiser quoted him as being undecided on the Akaka Bill.
Linda Colburn Democrat. President, Where Work Talks, which provides technical assistance to nonprofits; former OHA administrator and deputy administrator.
Michelle Nalani Fujimori Democrat. Deputy director Hawai‘i Legal Aid, reappointed to Hawai‘i State Advisory Committee.
Rubellite Johnson Republican. Retired UH professor of Hawaiian language and literature. She lists current membership in Aloha For All. She is also a member of Society of Mayflower Descendants. Spoke against the Akaka Bill at Heritage Foundation Forum. Submitted letter of opposition to the Akaka Bill to the USCCR prior to the January 2006 briefing in Washington. She also signed the online petition against the Akaka Bill.
James Kuroiwa Republican. Director, Hawai‘i Laborers Employers Cooperation Educational Trust. He is currently board member of Laborers Union Local 368. Former chairman of Republican Party of Hawai‘i. Named plaintiff in Arakaki v. Lingle challenging the constitutionality of OHA and DHHL. (Burgess is lead attorney).
Thomas J. MacDonald Republican. Member of Aloha for All, and lists himself as having experience advocating for Aloha for All. He is a member of the Board of Scholars for Grassroot Institute of Hawai‘i, a former president/CEO of the Hawaiian Trust Company and served as President/CEO of Bishop Trust Company. Author of many letters opposed to the Akaka Bill.
Paul Sullivan Independent. Attorney for Navy Region Hawai‘i. Author of 2002 article against the Akaka Bill and 2006 call for reconsideration of the American Bar Association resolution on the Akaka Bill. No civil rights experience or activities apart from opposition to Akaka Bill. Testified against original Akaka Bill in 2000. Signed petition against the Akaka Bill.
Wayne Tanna Democrat. Accounting professor at Chaminade University. Served for ten years on the board of the Hawai‘i Disability Rights Center. Teaches business law. Serves on the national NCAA Minorities Opportunities and Interests Committee and is his university's Title IX compliance officer.
Jackie Young Democrat. Chief of staff officer, American Cancer Society of Hawai‘i, former state legislator and director of Affirmative Action Hawai‘i from 1995-96.
NOT PICTURED:
Kealoha K. Pisciotta Independent. Acting president of Mauna Kea Anaina Hou; former Hawai‘i Island Burial Council member. She signed 2004 ‘Īlio‘ulaokalani petition opposing the Akaka Bill.
