Native Hawaiian rights

Native Hawaiian rights
Name	Native Hawaiian rights
Caption	Kealiʻi Reichel performing traditional chant

Native Hawaiian rights are the collective legal, cultural, and political entitlements claimed by the indigenous Hawaiian people of the Hawaiian Islands, grounded in discussions of sovereignty, land tenure, cultural practice, and federal and state law. Debates over these rights intersect with landmark United States v. Hawaii jurisprudence, Hawaiian Kingdom-era treaties and proclamations such as the 1843 Paulet Affair and the Overthrow of the Kingdom of Hawaii, and modern institutions like the Office of Hawaiian Affairs and the Department of the Interior (United States). Advocacy and litigation involve a range of actors including the Native Hawaiian Legal Corporation, the Aha Moku Advisory Committee, and national groups such as the National Congress of American Indians.

History and legal background

The historical and legal narrative traces from the Kingdom of Hawaii monarchies of Kamehameha I and Kamehameha III through the Bayonet Constitution of 1887 and the 1893 Overthrow of the Kingdom of Hawaii led by figures including Lorrin A. Thurston and Sanford B. Dole. Following annexation by the United States, key legal milestones include the Newlands Resolution and later cases such as Hawaii v. Office of Hawaiian Affairs and decisions interpreting the Apology Resolution passed by the United States Congress; administrative actions by the Department of the Interior (United States) culminated in procedures for recognition and settlement proposals debated in proceedings like the Rice v. Cayetano litigation. Hawaiian language revival movements reference works by scholars such as Mary Kawena Pukui and institutions including the Hawaiʻi State Archives.

Federal and state recognition

Recognition debates involve statutory frameworks like the Native American Graves Protection and Repatriation Act implications, administrative rules from the Bureau of Indian Affairs, and executive actions by Presidents of the United States including Barack Obama who signed the Apology Resolution. Litigation such as Rice v. Cayetano and policy instruments like the Hawaiian Homes Commission Act of 1920 shaped interactions among the State of Hawaii, the Office of Hawaiian Affairs, and claimants asserting indigenous status; at the same time proposals for federal recognition drew comparisons to recognition processes used with tribes such as the Federated Indians of Graton Rancheria and the Mashpee Wampanoag Tribe.

Land and water rights

Claims over ʻāina and wai refer to pre-contact tenure systems under konohiki stewardship and subsequent dispossession after the Great Māhele of 1848. Litigation and statutes addressing land include cases invoking the Public Trust Doctrine in the context of the Kuleana Act and disputes involving property such as contested parcels near Mauna Kea, Waikīkī, and the Kāneʻohe Bay region. Water rights controversies have involved entities like the Board of Land and Natural Resources (Hawaii) and actions under the Federal Water Pollution Control Act contrasted with customary practices preserved by organizations such as the Aha Moku councils and advocacy by groups like the Ka Lāhui Hawaiʻi movement.

Cultural and religious rights

Protection of cultural practices engages constitutional jurisprudence including the First Amendment to the United States Constitution issues as litigated in cases like Lyng v. Northwest Indian Cemetery Protective Association analogues and administrative compliance with the National Historic Preservation Act. Hawaiian cultural institutions such as ʻIolani Palace, the Bishop Museum, and the Kamehameha Schools play roles in preservation alongside language revitalization efforts linked to ʻŌlelo Hawaiʻi immersion programs and kahuna and hula practitioners including figures like Māpuana de Silva. Repatriation and sacred site access implicate the Native American Graves Protection and Repatriation Act processes and consultations with agencies like the National Park Service regarding places including Puʻuhonua o Hōnaunau and Mauna Kea.

Political self-determination and sovereignty movements

Movements range from federal recognition campaigns organized by entities such as the Office of Hawaiian Affairs and petitions to the Department of the Interior (United States) to sovereignty organizations like Nation of Hawaiʻi and Aha Kiole Advisory Committee. Historical declarations such as the Hawaiian Kingdom Treaty of 1799 inform arguments advanced in forums including the United Nations Permanent Forum on Indigenous Issues and comparisons to decolonization precedents like the Cook Islands and the Commonwealth of the Northern Mariana Islands. Electoral politics involve interactions with the Hawaii State Legislature and municipal actors such as the City and County of Honolulu.

Social, economic, and health issues

Disparities highlighted by public health and social science research compare outcomes among Native Hawaiians with those of populations examined by agencies like the Centers for Disease Control and Prevention and programs administered by the Department of Health (Hawaii). Initiatives addressing housing and homestead access invoke the Hawaiian Homes Commission Act of 1920 and partnerships with organizations such as the Kamehameha Schools and community health entities like the Kalihi-Palama Health Center. Economic development debates engage stakeholders including the Hawaiʻi Tourism Authority, labor entities like the International Longshore and Warehouse Union, and educational interventions at institutions such as the University of Hawaiʻi at Mānoa aimed at addressing disparities in income, education, and health outcomes.

Category:Native Hawaiian history