As a participant of the February 2016 aha (Native Hawaiian Convention), it was a privilege to work with Hawaiians coming from a cross section of America and our Native Hawaiian community which included: (1) professors of law, ethnic and Hawaiian
As a participant of the February 2016 aha (Native Hawaiian Convention), it was a privilege to work with Hawaiians coming from a cross section of America and our Native Hawaiian community which included: (1) professors of law, ethnic and Hawaiian studies, economics, communication; (2) farmers/fishermen; (3) school teachers and principals; (4) lawyers; (5) cultural practitioners; (6) PhD candidates; (7) retired judges and military; (8) community organizers; (9) law students; (10) former/current senators/representatives; and (11) a physician. The youngest, 21, the oldest, 92. In my view, this diversity enabled us to create a constitution that truly represents our people.
A constitution sets the “structure and function” of a government. At the beginning of most constitutions is a preamble, which usually sets the purpose and the guiding principles and values of a government.
Our preamble section captures the quintessence of who we are as a people and is the naau (heart) of our constitution. Our land is not viewed as a “commodity,” which is bought and sold, but a life force — the essence of our being. Our traditions, customs and language are not spoken of as a tourist attraction, but an integral force of our government. Similarly, our kupuna (elders) keiki (children) and our ancestors represent the human engine of this document.
Our Principles of Government section reminds us that the values expressed in the preamble are paramount throughout this constitution. It is like saying, if you did not get it once in the preamble, you are going to hear it again.
As a result, notice that the structure and function of our government permeates these important “mandates:” (1) Legislature is unicameral — conducive to consensus building, efficiency and accountability. (2) Representatives for the Legislature are chosen from both population and land base principles. (3) Executive Branch has the spiritual, alii and ancestral component ; (4) President is held accountable to a representative from the eight (8) grassroots localities. (5) Judiciary is based on restorative justice.
This constitution is not perfect, but it is an incredible start given the time frame allotted to set up the aha’s internal rules and incentive to capture the diversity of views and the passionate emotions that came with such a group.
I anticipate more vigorous debate which will include an attack on (1) the legitimacy of the aha (2) the integrity of our Native Hawaiian Constitution; (3) and the ratification process. Briefly addressing the two potential attacks. First, the aha was a legitimate process under the First Amendment’s “right to assemble” provision. Second, the Hawaiian Constitution is a “stand alone” document and is not required to comport with any other nation or political agency. This is a constitution for and by Native Hawaiians.
Lei Kihoi attended the aha from Feb. 1-26. She is a Kailua-Kona resident, former lobbyist, Supreme Court attorney specializing in constitutional law, rancher, entrepreneur and Hawaii Island Native Hawaiian Roll Commissioner.
