Native Hawaiians could be under a Native American government this month, if a bill passes the Senate. Currently Native Alaskans and all 564 Native American tribes have this right. As the only remaining indigenous American group in the United States who have not been authorized to form their own government, this comes as a big move for the 400,000 Native Hawaiians across the country.
The Native Hawaiian Government Reorganization Act (NHGRA), also known as the Akaka Bill, was passed in the House of Representatives on Feb. 23 and is awaiting a vote in the Senate. Versions of the bill have been in limbo for the past 10 years, yet with the backing of Hawaiian-born President Barack Obama, it stands a good chance this time around.
The Kingdom of Hawaii fell in 1893 and Native Hawaiians have had difficulty integrating into Western society. Some of the older generations were told stories witnessed by their grandparents and great-grandparents when the monarchy was still in power.
Native Hawaiians compose 20 percent of Hawaii’s population and 28 percent of the state’s homeless who receive outreach services, according to a 2009 poll by the University of Hawaii Center on the Family.
Author of the bill, Hawaii Sen. Daniel Akaka, called it, “An important milestone for all the people of Hawaii.”
“This bill provides Native Hawaiians with an opportunity for self determination and cultural preservation, while empowering them to be an equal partner with the state and federal government. More than 50 years after statehood, it is time we act to bring about meaningful reconciliation and healing,” Akaka said in a statement.
The bill will form a Native Hawaiian government that will have a “ federally recognized government-to-government relationship with the United States,” according to an outline of the Bill on Akaka’s Web site. The native government will be separate from the state government in Hawaii.
It is still uncertain what Native Hawaiians would receive if the bill passes, yet hopes are that the Akaka Bill will help them receive affordable housing. It is possible a percentage of public land will also be transferred back to the Native Hawaiians if the bill passes. According to the Associated Press, University of Hawaii law professor Jon Van Dyke estimates the percentage transferred back to be at 20 percent or 1 million acres that was once property of the monarchy.
Land issues are among the main arguments against the bill. In Hawaii, where real estate is among the most valuable in the country, giving land over to the Natives could step on a lot of toes.
The bill also lost support of Hawaii Gov. Linda Lingle in its latest revision. Her support as a Republican is viewed as essential in it’s passing in the Senate where 60 votes are needed. Republicans are expected to try and block it, and with 59 Democrats, her vote could be the one to topple it in favor of passing.
Lingle and her administration supported the bill for seven years, yet she said in a statement “Ultimately, although we had good and productive discussions, the current draft of the bill is not one I can support.”
Her withdrawal of support is because under the bill, the Native Hawaiian government will be “almost completely free from state and county regulations.” She adds, “’Governmental’ activity is a broad undefined term that can encompass almost any noncommercial activity.”
The clause she opposes is one granted to Native American governments on reservations that makes government, nonbusiness, and noncommercial activities exempt of state tax in Hawaii. The difference is that Hawaiians will not have a reservation, however, so it can apply anywhere in the state.
One of the issues opponents of the bill raised is possibilities the Native Hawaiian government could build casinos.
The Office of Hawaiian Affairs (OHA) says, however, that there is nothing in the bill to allow gambling, and since Hawaii and Utah are the only two states that prohibit all forms of gambling, “Even in other states, American Indians and Alaska Natives cannot conduct gaming activities that are inconsistent with the laws of their state.”
The GOP has challenged the bill saying that recognizing Native Hawaiians as a native tribe would give them benefits over other U.S. citizens, similar to benefits given to other native Americans. “This bill would confer upon them racially exclusive benefits, discriminating against Hawaiian residents of other races,” according to the GOP.
A description on the issue by OHA says the bill is “based on the U.S. relationship with indigenous, native peoples, and is NOT race-based. Under federal law, America’s indigenous native people are recognized as distinct groups defined not by reference to race or ethnicity, but by the fact that their ancestors exercised sovereignty over lands that subsequently became part of the United States. Thus, the federal government has a special political and legal relationship with such groups, including Native Hawaiians.”
There are also some native Hawaiians opposed to the bill, many of whom believe that Hawaii should become completely independent from the United States, rather than have tribal status granted to natives.
According to a press release from native Hawaiian practitioner Andre Perez, “More people now understand—there was no lawful treaty of annexation—the U.S. violated international treaties with the Hawaiian Kingdom. The U.S. illegally occupies Hawaii.”
His stance is that the Akaka Bill acknowledges Hawaii as a legal state of the United States and does not recognize that Hawaiians never relinquished their sovereign rights in the first place.
“Queen Lili’uokalani, the last reigning sovereign of the Hawaiian Islands, never relinquished the claims of her people and used all her power as the sovereign to challenge America from 1893 through the end of her life,” Perez said.
It was not long ago that the United States helped overthrow the Kingdom of Hawaii before claiming it became a state.
On the 100th anniversary of the Jan. 17, 1893, overthrow, President Bill Clinton signed the Apology Resolution in 1993. The document acknowledges the overthrow and offers apologies to the Hawaiian natives on behalf of the United States.
To acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of Hawaii, and to offer an apology to Native Hawaiians on behalf of the United States for the overthrow of the Kingdom of Hawaii.
The Hawaiians had a “highly organized, self-sufficient, subsistent social system based on communal land tenure with a sophisticated language, culture, and religion,” says the document.
The independence of the Kingdom of Hawaii was recognized by the United States from 1826 until 1893. On Jan. 14, 1893, however, the United States Minister conspired with non-Hawaiian residents in Hawaii to “overthrow the indigenous and lawful Government of Hawaii,” says the document.
In response, Hawaii’s Queen Lydia Lili’uokalani issued a statement giving authority over to the United States rather than the provisional government. Facing the United States military, which landed on Honolulu to support the provisional government, Lili’uokalani said, “Now to avoid any collision of armed forces, and perhaps the loss of life, I do this under protest and impelled by said force yield my authority until such time as the government of the United States shall, upon facts being presented to it, undo the action of its representatives and reinstate me in the authority, which I claim as the constitutional sovereign of the Hawaiian Islands.”
The actions taken by the conspirators against the Kingdom of Hawaii were an “act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress,” said U.S. President Grover Cleveland in 1893.
Calling for a restoration of the Hawaiian monarchy, Cleveland added that “substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair,” according to the Apology Resolution.
The document also acknowledges that Hawaiians never relinquished their sovereignty and that “the long-range economic and social changes in Hawaii over the 19th and early 20th centuries have been devastating to the population and to the health and well-being of the Hawaiian people.”
The Native Hawaiian Government Reorganization Act (NHGRA), also known as the Akaka Bill, was passed in the House of Representatives on Feb. 23 and is awaiting a vote in the Senate. Versions of the bill have been in limbo for the past 10 years, yet with the backing of Hawaiian-born President Barack Obama, it stands a good chance this time around.
The Kingdom of Hawaii fell in 1893 and Native Hawaiians have had difficulty integrating into Western society. Some of the older generations were told stories witnessed by their grandparents and great-grandparents when the monarchy was still in power.
Native Hawaiians compose 20 percent of Hawaii’s population and 28 percent of the state’s homeless who receive outreach services, according to a 2009 poll by the University of Hawaii Center on the Family.
Author of the bill, Hawaii Sen. Daniel Akaka, called it, “An important milestone for all the people of Hawaii.”
“This bill provides Native Hawaiians with an opportunity for self determination and cultural preservation, while empowering them to be an equal partner with the state and federal government. More than 50 years after statehood, it is time we act to bring about meaningful reconciliation and healing,” Akaka said in a statement.
The bill will form a Native Hawaiian government that will have a “ federally recognized government-to-government relationship with the United States,” according to an outline of the Bill on Akaka’s Web site. The native government will be separate from the state government in Hawaii.
It is still uncertain what Native Hawaiians would receive if the bill passes, yet hopes are that the Akaka Bill will help them receive affordable housing. It is possible a percentage of public land will also be transferred back to the Native Hawaiians if the bill passes. According to the Associated Press, University of Hawaii law professor Jon Van Dyke estimates the percentage transferred back to be at 20 percent or 1 million acres that was once property of the monarchy.
Controversy
Land issues are among the main arguments against the bill. In Hawaii, where real estate is among the most valuable in the country, giving land over to the Natives could step on a lot of toes.
The bill also lost support of Hawaii Gov. Linda Lingle in its latest revision. Her support as a Republican is viewed as essential in it’s passing in the Senate where 60 votes are needed. Republicans are expected to try and block it, and with 59 Democrats, her vote could be the one to topple it in favor of passing.
Lingle and her administration supported the bill for seven years, yet she said in a statement “Ultimately, although we had good and productive discussions, the current draft of the bill is not one I can support.”
Her withdrawal of support is because under the bill, the Native Hawaiian government will be “almost completely free from state and county regulations.” She adds, “’Governmental’ activity is a broad undefined term that can encompass almost any noncommercial activity.”
The clause she opposes is one granted to Native American governments on reservations that makes government, nonbusiness, and noncommercial activities exempt of state tax in Hawaii. The difference is that Hawaiians will not have a reservation, however, so it can apply anywhere in the state.
One of the issues opponents of the bill raised is possibilities the Native Hawaiian government could build casinos.
The Office of Hawaiian Affairs (OHA) says, however, that there is nothing in the bill to allow gambling, and since Hawaii and Utah are the only two states that prohibit all forms of gambling, “Even in other states, American Indians and Alaska Natives cannot conduct gaming activities that are inconsistent with the laws of their state.”
The GOP has challenged the bill saying that recognizing Native Hawaiians as a native tribe would give them benefits over other U.S. citizens, similar to benefits given to other native Americans. “This bill would confer upon them racially exclusive benefits, discriminating against Hawaiian residents of other races,” according to the GOP.
A description on the issue by OHA says the bill is “based on the U.S. relationship with indigenous, native peoples, and is NOT race-based. Under federal law, America’s indigenous native people are recognized as distinct groups defined not by reference to race or ethnicity, but by the fact that their ancestors exercised sovereignty over lands that subsequently became part of the United States. Thus, the federal government has a special political and legal relationship with such groups, including Native Hawaiians.”
There are also some native Hawaiians opposed to the bill, many of whom believe that Hawaii should become completely independent from the United States, rather than have tribal status granted to natives.
According to a press release from native Hawaiian practitioner Andre Perez, “More people now understand—there was no lawful treaty of annexation—the U.S. violated international treaties with the Hawaiian Kingdom. The U.S. illegally occupies Hawaii.”
His stance is that the Akaka Bill acknowledges Hawaii as a legal state of the United States and does not recognize that Hawaiians never relinquished their sovereign rights in the first place.
“Queen Lili’uokalani, the last reigning sovereign of the Hawaiian Islands, never relinquished the claims of her people and used all her power as the sovereign to challenge America from 1893 through the end of her life,” Perez said.
An ‘Act of War’
It was not long ago that the United States helped overthrow the Kingdom of Hawaii before claiming it became a state.
On the 100th anniversary of the Jan. 17, 1893, overthrow, President Bill Clinton signed the Apology Resolution in 1993. The document acknowledges the overthrow and offers apologies to the Hawaiian natives on behalf of the United States.
To acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of Hawaii, and to offer an apology to Native Hawaiians on behalf of the United States for the overthrow of the Kingdom of Hawaii.
The Hawaiians had a “highly organized, self-sufficient, subsistent social system based on communal land tenure with a sophisticated language, culture, and religion,” says the document.
The independence of the Kingdom of Hawaii was recognized by the United States from 1826 until 1893. On Jan. 14, 1893, however, the United States Minister conspired with non-Hawaiian residents in Hawaii to “overthrow the indigenous and lawful Government of Hawaii,” says the document.
In response, Hawaii’s Queen Lydia Lili’uokalani issued a statement giving authority over to the United States rather than the provisional government. Facing the United States military, which landed on Honolulu to support the provisional government, Lili’uokalani said, “Now to avoid any collision of armed forces, and perhaps the loss of life, I do this under protest and impelled by said force yield my authority until such time as the government of the United States shall, upon facts being presented to it, undo the action of its representatives and reinstate me in the authority, which I claim as the constitutional sovereign of the Hawaiian Islands.”
The actions taken by the conspirators against the Kingdom of Hawaii were an “act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress,” said U.S. President Grover Cleveland in 1893.
Calling for a restoration of the Hawaiian monarchy, Cleveland added that “substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair,” according to the Apology Resolution.
The document also acknowledges that Hawaiians never relinquished their sovereignty and that “the long-range economic and social changes in Hawaii over the 19th and early 20th centuries have been devastating to the population and to the health and well-being of the Hawaiian people.”
