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  • Re: Comments on the Akaka Bill?

    http://www.aloha4all.org/showText.as...ings=Questions


    ALOHA IS FOR EVERYONE. THE AKAKA BILL ISN'T.


    On May 17, 2007 Questions about Akaka bill by Senate Committee and Answers by H. William Burgess. Click to read the Q&A.

    On January 17, 2007, after it had failed to pass in every Congress from 2000 to 2006, the Akaka bill was re-introduced as the Native Hawaiian Government Reorganization Act of 2007, S. 310 in the Senate and H.R. 505 in the House.

    The next day Peter Kirsanow of the U.S. Commission on Civil Rights put it this way, "The worst piece of legislation ever analyzed by the U.S. Commission on Civil Rights has been brought back from the dead."

    Click here for A Remonstrance Against the Akaka Bill.

    Brief Summary - The Akaka bill proposes to:

    Create a privileged class in America by “finding” a “special political and legal relationship” (between the United States and anyone with at least one ancestor indigenous to lands now part of the U.S.) that “arises out of their status as aboriginal, indigenous, native people of the United States”. §§2(3) & (22) and §§3(1) & (8);

    Define “Native Hawaiian” essentially as anyone with an ancestor indigenous to Hawaii, §3(10);

    Declare that Native Hawaiians are indigenous people with an inherent right of self-governance, §§4(a); and “recognize” their right to “reorganize the single Native Hawaiian governing entity”, §7(a); and

    Fund, aid, abet and establish a process exclusively for Native Hawaiians to create their own new separate sovereign government, §7.

    Automatic recognition of new government. Once the new government is created, the United States is deemed to have officially recognized it as the “representative governing body of the Native Hawaiian people.” §7(c)(6).

    Negotiation of breakup and giveaway. The bill would then authorize State and Federal officials to negotiate with the new government for break up of the State of Hawaii and give away of much of its domain and power to the new Native Hawaiian government §8(b).

    No requirement for prior consent or later ratification. The bill does not require the prior consent to the process by the people of Hawaii; or that any agreement negotiated for the breakup and giveaway shall be subject to their ratification.

    The bill would settle nothing. Since no release or settlement of claims is provided for, Native Hawaiians, after the partition, would become citizens of the new government and continue to hold their full citizenship in what is left of the State of Hawaii. They would also retain for future resolution or litigation their often-repeated demands for all the ceded lands, and other grievances against the State of Hawaii and the U.S.
    http://twitter.com/surfoahu

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    • Re: Comments on the Akaka Bill?

      Originally posted by islandguy View Post
      The bill would settle nothing. Since no release or settlement of claims is provided for
      I don’t think anyone educated on the subject sees the Akaka Bill as any attempt at a “settlement.” The point of the Akaka Bill is to protect Native Hawaiian entitlements from frivolous lawsuits. It also provides the framework for the eventual abolishment of OHA, in favor of kanaka maoli autonomy.

      The “settlement” is a separate issue — one that the Lingle Administration proposed and that failed to pass the state legislature, this past session. It is worth noting that her settlement proposal was not global in nature, and thus in my opinion, worthless.

      We can’t be so fixated on our desire to preserve the rights of ordinary Americans.

      — U.S. President Bill Clinton
      USA TODAY, page 2A
      11 March 1993

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