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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
56 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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RESOLUTION
REQUESTING THAT THE PRESIDENT AND CONGRESS RECOGNIZE AN OFFICIAL POLITICAL RELATIONSHIP BETWEEN THE UNITED STATES GOVERNMENT AND THE INDIGENOUS HAWAIIAN PEOPLE.
WHEREAS, throughout the past one hundred twelve years, from the overthrow of the Kingdom of Hawaii in January 1893 through statehood in 1959 to the present time, the federal government has taken contrasting positions on both its trust and political relationship with the Hawaiian people, as well as its responsibility for the loss of lands and sovereignty arising out of the overthrow; and
WHEREAS, President Grover Cleveland, in a December 18, 1893, message to Congress, described the illegal overthrow as acts of war, noting that "a substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires that we endeavor to repair"; and
WHEREAS, from as early as 1921, Congress has enacted a number of statutes that establish programs and extend services to Native Hawaiians in recognition of the federal trust obligation owed to Native Hawaiians; and
WHEREAS, Native Hawaiians and many others, including government officials, academic scholars, attorneys, community and cultural groups, and supporters, have long contended that a trust relationship exists between the United States and Native Hawaiians, with many of the duties of the United States as a trustee delegated by federal acts, including the Hawaiian Homes Commission Act of 1920, as amended, to the State of Hawaii for administration; and
WHEREAS, during the late 1970s and early 1980s, the executive branch of the federal government reaffirmed that there was a trust relationship between the Hawaiian people and the federal government under the Hawaii Homes Commission Act; and
WHEREAS, in 1983 however, the federal "Native Hawaiian Study Commission Majority Report" concluded that the federal government was not liable for the loss of sovereignty or lands arising from the overthrow; and
WHEREAS, this position rejecting federal responsibility was reaffirmed in 1989 by the presidential administration in office at that time; and
WHEREAS, a United States Department of the Interior's Solicitor's Office formal opinion, issued in early 1993, also declared that the federal government had no trust responsibilities to the native Hawaiians either before Statehood or thereafter"; however, this opinion was subsequently rescinded in late 1993 by the executive administration that followed; and
WHEREAS, one hundred years after the overthrow, in 1993, Congress recognized its responsibility to native Hawaiians by enacting Public Law 103-150, commonly referred to as the "Apology Resolution", a joint resolution that acknowledged the one hundredth anniversary of the illegal overthrow of the Kingdom of Hawaii, noting the historical significance and ramifications of the overthrow; and
WHEREAS, Public Law 103-150, section 1, (3), "apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination"; and
WHEREAS, in the Apology Resolution, Congress acknowledged the United States' participation in the suppression of the inherent sovereignty of Native Hawaiians, thus solidifying the varied positions of previous administrations disputing federal responsibility; and
WHEREAS, in 2001, in section 7202, of the Native Hawaiian Education Act, Title VII, Part B, of the No Child Left Behind Act, Public Law 107-110, Congress again expressly recognized that, although the United States transferred responsibility for administration of the Hawaiian Homes Lands to the State of Hawaii, Congress had reaffirmed the federal trust relationship with Native Hawaiians by retaining exclusive power to enforce the trust; and
WHEREAS, in section 7202 of the Native Hawaiian Education Act, Congress also expressly stated that the United States has "delegated broad authority to administer a portion of the Federal trust responsibility to the State of Hawaii"; and
WHEREAS, the Congressional findings in section 7202 of Native Hawaiian Education Act of 2001 further recognizes and reaffirms the political relationship between the United States and Native Hawaiians, when it enumerates federal legislation that includes Native Hawaiians:
(1) Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.);
(2) American Indian Religious Freedom Act (42 U.S.C. 1996);
(3) National Museum of the American Indian Act (20 U.S.C. 80q et seq.);
(4) Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);
(5) National Historic Preservation Act (16 U.S.C. 470 et seq.);
(6) Native American Languages Act (25 U.S.C. 2901 et seq.);
(7) American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et seq.);
(8) Workforce Investment Act of 1009 (29 U.S.C. 2801 et seq.); and
(9) Older Americans Act of 19965 (42 U.S.C. 3001 et seq.); and
WHEREAS, other federal efforts sympathetic to the Hawaiian people have included the return of Kahoolawe in 1994 and the creation by the Office of Management and Budget of a distinct category of Hawaiians and Pacific Islanders for federal purposes; and
WHEREAS, such repeated Congressional recognition and statements that federal trust responsibilities have been delegated or transferred to the State of Hawaii, by themselves, are strong indications of the federal trust relationship with Native Hawaiians because there could be no delegation or transfer of responsibility to the State without a pre-existing federal trust relationship; and
WHEREAS, native Hawaiian entitlements have come under attack in recent court rulings: in Rice v. Cayetano, the United States Supreme Court opened voting for trustees of the Office of Hawaiian Affairs to all registered voters; and the federal court decision in Arakaki v. State of Hawaii, allowed individuals of any ethnic background to be a candidate for the position of Office of Hawaiian Affairs trustee; and
WHEREAS, in the amicus brief filed by the United States in Rice v. Cayetano, the United States concluded that it has a trust obligation to indigenous Hawaiians because the federal government bears a responsibility for the destruction of the Hawaiian government and the taking of Hawaiian lands without consent or compensation; and
WHEREAS, in 2000, two suits were filed in federal court that: asked the court to find unconstitutional article XII of the state constitution, the Office of Hawaiian Affairs, and the Department of Hawaiian Home Lands; and alleged racial discrimination with no compelling state interest and deprivation of equal protection, based on the fact that article XII of the state constitution, and chapter 10, Hawaii Revised Statutes, are used to grant a portion of the public land trust and ceded lands revenues to the Office of Hawaiian Affairs solely to benefit Native Hawaiians; and
WHEREAS, a three-judge panel of the United States Court of Appeals for the Ninth Circuit heard arguments on November 1, 2004, in the Arakaki v. Lingle case, which was filed in March 2002, alleging that Hawaiian programs such as the Office of Hawaiian Affairs and the Department of Hawaiian Home Lands are based on racial preference, and as a result, violate the United States Constitution; and
WHEREAS, in 2003, United States District Court Judge Alan Kay upheld Kamehameha School's Hawaiian-preference admission policy, ruling that the policy serves "a legitimate remedial purpose of improving Native Hawaiian's socioeconomic and educational disadvantages; this case, Doe v. Kamehameha, also was heard by federal appeals judges in November 2004 to resolve the legality of the admission policy; and
WHEREAS, the final resolution of the various federal cases is of extreme significance because they have the potential to judicially abrogate the entire basis of Hawaiian entitlements, in contravention of the duty of the State of Hawaii and the United States to provide for the betterment of native Hawaiians; and
WHEREAS, Hawaii's congressional delegation has been strongly supportive of negotiating at the federal level for resolution on Hawaiian issues; and
WHEREAS, United States Senator Daniel K. Akaka has supported the concept of establishing a United States Office for Native Hawaiian Relations to address the political status of Hawaiians and to provide coordination with Congress on potential remedies; and
WHEREAS, Hawaii's entire Congressional Delegation, Senator Daniel Inouye, Senator Daniel K. Akaka, Congressman Neil Abercrombie, and Congressman Ed Case, along with Hawaii's Governor Linda Lingle and Lieutenant Governor James Duke Aiona, have all proclaimed their full support for recognition of a Native Hawaiian governing entity, demonstrating the high priority of this issue for the people of Hawaii and its importance over and beyond any political party affiliations; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-Third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the President and Congress are requested to recognize the political relationship between the United States government and the indigenous Hawaiian people in a similar manner afforded to Native Americans and Alaska natives; and
BE IT FURTHER RESOLVED that the federal government is requested to designate a permanent agency to address indigenous Hawaiian reconciliation proceedings and the political status of indigenous Hawaiians; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the United States, Majority Leader of the United States Senate, Speaker of the United States House of Representatives, members of Hawaii's congressional delegation, the Governor, the Chair of the Board of Trustees of the Office of Hawaiian Affairs, and the Chair of the Hawaiian Homes Commission.
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OFFERED BY: |
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Report Title:
Indigenous Hawaiian People