Royal Commission on Mauna Kea

Royal Commission on Mauna Kea
Name	Royal Commission on Mauna Kea
Formed	2019
Jurisdiction	Hawaii
Headquarters	Honolulu
Chairman	Anne Salmond
Key people	David Lassner, David Ige, Laura H. Thielen

Royal Commission on Mauna Kea The Royal Commission on Mauna Kea was an independent inquiry established to examine disputes over construction, cultural rights, and scientific development on Mauna Kea on the island of Hawaiʻi (island). It assessed competing claims involving Native Hawaiian cultural practitioners, astronomy institutions, environmental organizations, and multiple levels of Hawaiian political actors, producing findings that influenced policy debates in Honolulu and beyond. The commission intersected with contemporary issues involving land stewardship, indigenous rights, scientific infrastructure, and regional law.

Background and Establishment

The commission was created amid high-profile protests linked to the proposed Thirty Meter Telescope project and longstanding tensions between institutions such as the University of Hawaiʻi and Native Hawaiian groups like Mauna Kea Hui, Kīpuka Mauna ō Māhoe, and Kū Kiaʻi Mauna. Events that framed its establishment included occupations at Mauna Kea Access Road, legal actions invoking the Hawaiʻi State Constitution, administrative rulings by the Hawaiʻi Department of Land and Natural Resources, and interventions from political figures such as former Governor David Ige. High-profile visits and statements from cultural leaders like ʻAha Moku representatives and scholars such as Noenoe K. Silva amplified calls for a formal inquiry modeled on commissions like the Royal Commission (United Kingdom) in structure. International attention drew parallels with disputes involving observatories on Sierra Nevada and indigenous protests at Uluru.

Mandate and Scope

The commission's mandate encompassed review of decision-making by the University of Hawaiʻi System, regulatory conduct of the Hawaiʻi Department of Land and Natural Resources, compliance with statutes including the Hawaiʻi Administrative Rules, and observatory permits administered under authorities such as the Board of Land and Natural Resources. It was charged to evaluate cultural impact assessments prepared by entities like the Office of Hawaiian Affairs and to consider conservation guidance from organizations such as the Hawaiian Islands Humpback Whale National Marine Sanctuary. The scope extended to interactions with funders and partners including the National Science Foundation, consortium members of the Thirty Meter Telescope International Observatory, and international partners from Canada, Japan, and the European Southern Observatory. The commission also reviewed precedents set by tribunals such as the Hawaiʻi Supreme Court and administrative law cases involving the State of Hawaiʻi.

Investigations and Findings

Investigations involved testimony from scientists affiliated with Institute for Astronomy (University of Hawaiʻi), administrators from the University of Hawaiʻi at Hilo, cultural practitioners from Office of Hawaiian Affairs, and legal experts from institutions like the William S. Richardson School of Law. The commission documented patterns of permitting practices, land-use decisions overseen by the Board of Land and Natural Resources and interactions with contractors based in Honolulu and Hilo. It found tensions between research institutions including the International Gemini Observatory, W. M. Keck Observatory, and proponents of the Thirty Meter Telescope versus Native Hawaiian sovereignty advocates linked to entities such as Hawaiian Kingdom movement proponents. Reports highlighted environmental concerns raised by groups like Conservation International and The Nature Conservancy (United States), and cultural heritage issues raised by practitioners associated with Kahoʻolawe Island Reserve Commission-linked activists. The commission noted communication failures involving officials such as David Lassner and cited legal disputes presided over by judges in the Hawaiʻi State Judiciary.

Recommendations

Recommendations addressed governance reforms for oversight by the Board of Land and Natural Resources, revisions to consultation protocols with Office of Hawaiian Affairs, creation of co-management frameworks inspired by models like the Te Urewera Authority in New Zealand, and establishment of independent cultural monitoring akin to systems used by the National Parks Service at Puʻukoholā Heiau National Historic Site. The commission urged enhanced environmental review standards aligned with National Environmental Policy Act-style rigor and recommended negotiated agreements with international partners including representatives from Japan Aerospace Exploration Agency-affiliated consortia and members of the Association of Universities for Research in Astronomy. It proposed legislative actions before the Hawaiʻi State Legislature to clarify land tenure, expand funding for community benefits through mechanisms like community benefit agreements seen in San Francisco infrastructure projects, and create mediation processes drawing on practices from the Truth and Reconciliation Commission (South Africa).

Implementation and Follow-up

Implementation involved steps by the University of Hawaiʻi System, actions by the Hawaiʻi State Legislature, and administrative orders from the Governor of Hawaii. Follow-up included establishment of advisory bodies comprised of representatives from Native Hawaiian Legal Corporation, scholars from Bishop Museum, and scientists from observatories including Subaru Telescope. Monitoring by nonprofit organizations such as Earthjustice and advocacy from groups like Kahea: The Hawaiian-Environmental Alliance tracked progress. Legal challenges progressed through the Hawaiʻi Supreme Court and influenced permit renewals administered by the Hawaiʻi Department of Land and Natural Resources. International partners adjusted participation in research consortia such as the Thirty Meter Telescope International Observatory and funded community engagement programs modeled after practices at the Mauna Kea Observatories.

Public Response and Controversy

Public response reflected a wide array of actors including protesters from Kahoʻolawe-linked networks, clergy from institutions like Kawaiahaʻo Church, academic commentators from University of Hawaiʻi at Mānoa, and international scientists from Caltech and University of California campuses. Media coverage by outlets such as the Honolulu Star-Advertiser and Civil Beat amplified debates; legal advocacy from organizations like Native Hawaiian Legal Corporation and environmental litigation by Earthjustice sustained controversy. Opponents and supporters invoked precedents from cases involving Indigenous rights in Canada, protests at Standing Rock and resource disputes referenced in decisions by the Supreme Court of Canada. The commission's legacy remains contested, influencing subsequent negotiations among entities such as the Board of Land and Natural Resources, the University of Hawaiʻi Foundation, cultural practitioners from Kamehameha Schools-linked networks, and international research partners.

Category:Commissions in Hawaii