Native Hawaiian Government Reorganization Act of 2007

Floor Speech

Date: Oct. 24, 2007
Location: Washington, DC
Issues: Judicial Branch

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Ms. HIRONO. Mr. Speaker, I rise today in strong support of H.R. 505, the Native Hawaiian Government Reorganization Act, which begins to provide a measure of justice for the indigenous native people of the Hawaiian Islands. I'd like to take a few moments to share some of the history to show why this bill is so important to all the people of Hawaii.

The Kingdom of Hawaii was overthrown in 1893. Hawaii's last Queen, Lili'uokalani, was deposed by an armed group of businessmen and sugar planters who were American by birth or heritage, with the support of U.S. troops. The Queen agreed to relinquish her throne, under protest, to avoid bloodshed. She believed the United States, with which Hawaii had diplomatic relations, would restore her to the throne. As we now know, despite the objections of President Grover Cleveland, the injustice of the overthrow was allowed to stand and the Republic of Hawaii was established.

A few years later, in 1898, the United States annexed Hawaii. Prior to annexation, a petition drive was organized by Native Hawaiians securing signatures of almost two-thirds of the Native Hawaiian population opposing annexation; 29,000 signatures out of an estimated Native Hawaiian population of 40,000 at that time.

These petitions are now in the National Archives.

The Hawaiian culture was under siege. The Republic of Hawaii prohibited the use of the Hawaiian language in Hawaii schools. Everyday use of the Hawaiian language diminished greatly. Hula, which had been suppressed by the missionaries and then restored by King Kalaukaua a few years before the overthrow, survived but did not thrive. Hawaiians were pressured to assimilate and much was lost.

When Prince Jonah Kuhio Kalaniana'ole was elected to serve as Hawaii's Delegate to Congress, he succeeded in passing the Hawaiian Homes Commission Act of 1920, which set aside some 200,000 acres of land for Native Hawaiians. The reason for the legislation was the landless status of so many Native Hawaiians who were displaced by newcomers and became the most impoverished population in their own land. In recognition of its trust responsibility to our Native Hawaiians, Congress passed the Hawaiian Homes Commission Act, which is still in force.

Hawaii became a State in 1959. Beginning in the late 1960s and early 1970s, a Native Hawaiian cultural rediscovery began in music, hula, language, and other aspects of the culture. This cultural renaissance was inspired by hula masters, kumu hula, who helped bring back ancient and traditional hula; musicians and vocalists, who brought back traditional music sung in the Hawaiian language; and political leaders, who sought to protect Hawaii's sacred places and natural beauty.

This flowering of Hawaiian culture was not met with fear in Hawaii but with joy and celebration and an increased connection with each other. People of all ethnicities in Hawaii respect and honor the Native Hawaiian culture.

In 1978, Hawaii convened a constitutional convention that was designed, in part, to right some of the wrongs done to Native Hawaiians. The constitutional convention created the Office of Hawaiian Affairs, or OHA, so that Native Hawaiians would have some ability to manage their own affairs.

The constitutional convention also laid the groundwork for the return of some Federal lands to Native Hawaiians, including the island of Kaho'olawe, which currently is held in trust for a future Native Hawaiian governing entity. The convention also designated the Hawaiian language, along with English, as the official State language of Hawaii for the first time since the overthrow in 1893.

We can trace the genesis of this bill, embodying the hope of an indigenous people to control their own fate, all the way back to the overthrow of 1893. It has been a long road. I believe how we treat our native indigenous people reflects our values and who we are. Clearly, there is much in the history of our interactions with the native people of what is now the United States that makes us less than proud. But one of the great attributes of America has always been our ability to look objectively at our history, learn from it, and where possible make amends.

Native Hawaiians, like American Indians and Alaska Natives, have an inherent sovereignty based on their status as indigenous, native people. They desire the right to exercise management over their own affairs and land.

Our State motto, which is the same as that of the Kingdom of Hawaii, is ``Ua mau ke ea o ka aina i ka pono,'' which means ``the life of the land is perpetuated in righteousness.'' This is an historic vote and one that helps to perpetuate righteousness by righting an historic wrong.

I ask my colleagues to stand with the people of Hawaii and support this bill.

Mahalo nui loa.

Ms. HIRONO. Mr. Speaker, I rise today in strong support of H.R. 505, the Native Hawaiian Government Reorganization Act, which begins to provide a measure of justice for the indigenous, native people of the Hawaiian islands. I could argue the legal and constitutional arguments on why this bill should be passed, but I want to take a few minutes to share some of the history to show why this bill is so important to all the people of Hawai`i.

As many of you know, the Kingdom of Hawai`i was overthrown in 1893. Hawai`i's last Queen, Lili`uokalani, was deposed by an armed group of businessmen and sugar planters, who were American by birth or heritage, with the support of U.S. troops. The Queen agreed to relinquish her throne, under protest, to avoid bloodshed. She believed the United States, which with Hawai`i had diplomatic relations, would restore her to the throne. As we now know, despite the objections of President Grover Cleveland, the injustice of the overthrow was allowed to stand, and the Republic of Hawai`i was established.

A few years later, in 1898, the United States annexed Hawai`i. Prior to annexation, a petition drive organized by Native Hawaiians secured signatures of almost two-thirds of the Native Hawaiian population opposing annexation (29,000 signatures out of an estimated Native Hawaiian population of 40,000). These petitions are now in the National Archives.

The Hawaiian culture was under siege. The Republic of Hawai`i prohibited the use of the Hawaiian language in Hawai`i schools. Everyday use of the Hawaiian language diminished greatly and it was in danger of dying out. Hula, which had been suppressed by the missionaries and then restored by King Kalaukaua a few years before the overthrow, survived but did not flourish. Hawaiians were pressured to assimilate and much was lost.

When Prince Jonah Kuhio Kalaniana`ole was elected to serve as Hawai`i's delegate to Congress, he succeeded in passing the Hawaiian Homes Commission Act of 1920, which set aside some 200,000 acres of land for Native Hawaiians. The reason for the legislation was the landless status of so many Native Hawaiians, who were displaced by newcomers and became the most impoverished population in their native land. In recognition of its trust responsibility toward Native Hawaiians, Congress passed the Hawaiian Homes Commission Act, which is still in force.

Hawai`i became a state in 1959. Beginning in the late 1960s and early 1970s, a Native Hawaiian cultural rediscovery began in music, hula, language, and other aspects of the culture. This cultural renaissance was inspired by hula masters (kumu hula), who helped bring back ancient and traditional hula; musicians and vocalists, who brought back traditional music and sang in the Hawaiian language; and political leaders, who sought to protect Hawai`i's sacred places and natural beauty.

This flowering of Hawaiian culture was not met with fear in Hawai`i, but with joy and celebration and an increased connection with each other. People of all ethnicities in Hawai`i respect and honor the Native Hawaiian culture. We are not threatened by the idea of self determination by Native Hawaiians.

In 1978, Hawai`i convened a constitutional convention that was designed, in part, to right some of the wrongs done to Native Hawaiians. The constitutional convention created the Office of Hawaiian Affairs or OHA so that Native Hawaiians would have some ability to manage their own matters. The people of Hawai`i ratified the creation of OHA and voted to allow the trustees of the Office of Hawaiian Affairs to be elected solely by Native Hawaiians. Although the Supreme Court in Rice v. Cayetano decided that limiting the vote in this manner violated the 15th Amendment, that decision was based on the fact that the State of Hawai`i ran the elections, not whether or not Native Hawaiians are an indigenous, native group with an inherent sovereignty. In fact, the court expressly avoided the issue of whether or not Native Hawaiians are analogous to an Indian tribe.

The Constitutional Convention also laid the ground work for the return of some federal lands to Native Hawaiians, including the island of Kaho`olawe, which is currently held in trust for a future Native Hawaiian governing entity. The ConCon, as it is known in Hawai`i, also designated the Hawaiian language (along with English) as the official state language of Hawai`i for the first time since the overthrow in 1893.

I was in the Hawai`i State Legislature when we approved creation of Hawaiian language immersion schools, recognizing that language is an integral part of a culture and people. The Hawaiian language was in danger of disappearing. Public Hawaiian language preschools, called Punana Leo, were started in 1984. We now have Hawaiian language elementary, middle, and high schools in Hawai`i, and a new generation of fluent Hawaiian language speakers are helping to keep this beautiful and culturally important language alive. Other native peoples are looking to the Hawai`i model as a means of preserving and perpetuating their native languages.

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