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Civil Unrest, Ka Wai Ola, September 2007

May 2007: Congressional committees move on recognition bill

Support Info

Hawaii Attorney General Mark Bennett testimony before the U.S. Senate Indian Affairs Committee - May 3, 2007 PDF

110th U.S. House of Representatives contact Info (excel doc.)

110th U.S. Senate contact Info (excel doc.)

Testimony of Gregory G. Katsas

Anaylsis of Testimony of Gregory G. Katsas

The Authority of Congress to Establish a Process for Recognizing a Reconstituted Native Hawaiian Governing Entity

New version of Hawaiian recognition bill introduced in Congress

S.310 (text) - Native Hawaiian Government Reorganization Act of 2007 (Senate)

S.310 (.pdf) - Native Hawaiian Government Reorganization Act of 2007

H.R. 505 (text) - Native Hawaiian Government Reorganization Act of 2007 (House)

OHA Chairperson Haunani Apoliona's remarks on the introduction of S. 310

NY Times: A chance for justice in Hawaii

Dissenting commissioners blast civil rights panel's report

Senators criticize Civil Rights Commission report

Government Accountability Office criticizes Civil Rights Commission

Bar Association backs federal recognition for Hawaiians

Analysis of Amendments by Charles Wilkinson (.pdf)

Wilkinson: Wisconsin tribe faced same arguments

Wilkinson: Akaka bill promotes redress

Bill Meheula: Amendments strengthen protection against race-based lawsuits

Akaka says Justice Dept. concerns won't stop recognition bill

Sen. Akaka announces proposed amendments to Hawaiian recognition bill (9/16/05)

Labor groups back Akaka Bill

Position statement of the ATTORNEY GENERAL of the state of Hawaii (.doc)

GOV. LINDA LINGLE'S response to the U.S. Senate Republican Policy Committee's opposition to S. 147 (.doc)

Why the Akaka Bill DOES NOT:

 

Background Information
Factual information, legal analyses and other background material on the Native Hawaiian Government Reorganization Act\

Nā ʻŌiwi ʻŌlino
"People Seeking Wisdom" chant for the Hawaiian Nation



 

 

November 13, 2007

Correcting the Record:
The U.S. Commission on Civil Rights
and Justice for Native Hawaiians


A Report on the Briefings of the Commission and its
Hawai‘i State advisory Committee on the
Native Hawaiian Government Reorganization Act


Office of Hawaiian Affairs
October 2007


071113correcting

Executive Summary

The U.S. Commission on Civil Rights was established 50 years ago to fight discrimination by investigating claims of civil rights violations.  Its local representatives, the State Advisory Committees, took on the role of the community “eyes and ears” to advise the Commission of important local concerns.

However, recent actions by the U.S. Commission on Civil Rights (USCCR) and the newly comprised Hawai‘i State Advisory Committee (HISAC) have narrowed the discussion to one issue in Hawai‘i: the Native Hawaiian Government Reorganization Act (NHGRA), also known as the “Akaka Bill” named for its primary sponsor, Senator Daniel Akaka.

This report analyzes the USCCR and HISAC’s recent proceedings and fact-finding efforts on the Akaka Bill, focusing on the USCCR Briefing Report on NHGRA in May of 2006 and the public hearings held by the HISAC in August and September of 2007. The publication of misinformation and historic inaccuracies resulting from these USCCR events were the impetus of this report, “Correcting the Record: The U.S. Commission on Civil Rights and Justice for Native Hawaiians.”

The report finds:
“The Commission majority’s stance against the NHGRA and the new make-up of the USCCR and HISAC signal an accelerating conservative agenda hostile to indigenous peoples’ civil and human rights …the agenda is part of a larger effort by conservative politicians, think tanks, advocacy groups and judges to dismantle significant aspects of the civil rights edifice of the 1960s…”

The USCCR Briefing Report is cited repeatedly by Akaka Bill opponents in Congress. This report points out the Briefing Report was issued without soliciting advice from the HISAC, which published three previous reports supporting Native Hawaiian justice claims – after three decades of fact-finding. This report points out:
“The USCCR’s May 2006 Briefing Report demonstrates that the new Commission majority is not interested in justice for Native Hawaiians. Nor is it concerned about an accurate account of Hawaiian history of the many struggles of the Hawaiian people.”

The report also notes the HISAC chairman acknowledged that the Akaka Bill was targeted as the priority issue in Hawai‘i by Washington, a potential procedural violation in the selection of SAC projects. The hearings conducted by HISAC in August and September 2007 featured testimony of “experts” identified by the USCCR. The report finds:
“Against a backdrop of successful conservative attacks on civil and Native rights gains, these ‘experts’ mischaracterized and sanitized the history of U.S. colonialism and subsequent discrimination in Hawai‘i in order to mis-frame the NHGRA as nothing more than a ‘special privilege’ granted to Native Hawaiians.”

The report identifies possible conflicts of interest of current HISAC members: five new HISAC members have signed petitions against the Akaka Bill, including two who are involved in litigation that would be affected by the outcome of the Akaka Bill.

This report suggests an approach that frames the discussion of Native Hawaiian rights as “Restorative Justice.” Existing programs to remedy the harms to native peoples have been attacked by conservatives as “preferences” or “privileges.” The report points out:
“…most of these programs do not aim to elevate one group over another and do not seek to justify that privileged position by characterizing the other group as inferior.”

The report describes the NHGRA as a significant step toward the goal of restorative justice – to restore that which was destroyed or damaged. In the words of OHA Board of Trustees Chair Haunani Apoliona:
“It will be healing for our community and our nation to unburden itself of their past destructive inequities towards the Hawaiian people by granting Hawaiians a small measure of redress and reconciliation under the Akaka Bill, a good first step from which a longer journey of reconciliation must start.”


DOWNLOAD THE FULL REPORT:
Correcting the Record:
The U.S. Commission on Civil Rights
and Justice for Native Hawaiians


DOWNLOAD THE APPENDICES:
Appendices to Correcting the Record:
The U.S. Commission on Civil Rights
and Justice for Native Hawaiians

Media contact: Crystal Kua, Director of Communications / 808.594.1983 / crystalk@oha.org  

 


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