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An Analysis of Hawaiʻi‟S Cultural Impact Assessment Process As a Vehicle of Environmental Justice for Kānaka Maoli
Innovation or Degradation?: An Analysis of Hawaiʻi‟s Cultural Impact Assessment Process as a Vehicle of Environmental Justice for Kānaka Maoli Elena Bryant* INTRODUCTION ........................................................................................ 231 I. PROVIDING A FRAMEWORK: ENVIRONMENTAL JUSTICE FOR KĀNAKA MAOLI COMMUNITIES ........................................................ 235 A. Incorporating Environmental Justice into Hawaiʻi‟s EIS Process: Racializing Environmental Justice ........................... 236 B. Defining the “Injustice” ........................................................... 238 C. The Enactment of Natural and Cultural Resource Protections as a Mechanism for Restorative Justice for Kānaka Maoli ..... 244 II. THE CULTURAL AND HISTORICAL SIGNIFICANCE OF WIND AND WATER TO KĀNAKA MAOLI .............................................................. 245 A. Kumulipo: Kānaka Maoli‟s Source of Origin .......................... 246 B. “I paʻa i ke Kalo ʻaʻole ʻoe e puka; If it had ended with the Kalo you would not be here.” ................................................... 247 C. Cultural Significance of the Wind ............................................. 248 D. Cultural Significance of the Sea ............................................... 250 III. THE PUSH TO “GO GREEN”: HAWAIʻI‟S INTERISLAND WIND PROJECT ........................................................................................... 252 A. Hawaiʻi Clean Energy Initiative: Moving Hawaiʻi Towards Energy Self-sufficiency ............................................................ -
Office of Hawaiian Affairs V. HCDCH
Courts in the "Age of Reconciliation": Office of Hawaiian Affairs v. HCDCH Eric K. Yamamoto* and Sara D. Ayabe** I. THE OVERVIEW To heal the persisting wounds of historic injustice,' governments, communities, and civil and human rights groups throughout the world are shaping redress initiatives around some form of reconciliation. Many of the initiatives are salutary.2 All are fraught with challenges. In Asia, Japan reluctantly faces continuing demands from victims of its World War II military atrocities. Following the abolition of racial apartheid in South Africa, in order to rebuild the country, the new government-centered Truth and Reconciliation Commission pursued reconciliation between those perpetrating human rights violations and those badly harmed-a formal process * Fred T. Korematsu Professor of Law and Social Justice, William S. Richardson School of Law, University of Hawai'i. ** William S. Richardson School of Law, University of Hawai'i, J.D. 2011. We appreciate Troy Andrade's valuable assistance in reviewing the section on Native Hawaiian history. We are indebted to Susan Serrano for her insightful research and incisive analysis in co-authoring with Professor Yamamoto an amicus brief to the U.S. Supreme Court in the OHA case. We have drawn upon that brief in crafting this article. 1 Eric K. Yamamoto & Ashley Obrey, Reframing Redress: A "Social Healing Through Justice" Approach to Native Hawaiian-United States and Indigenous Ainu-Japan Reconciliation Initiatives, 16 ASIAN AM. L.J. 5 (2009). 2 There are two prominent recent precursors to contemporary redress efforts. In Europe, German, French, and Swiss banks paid reparations to Holocaust survivors and their heirs for misappropriating assets of Jewish bank account holders during World War II. -
AMERICA's ANNEXATION of HAWAII by BECKY L. BRUCE
A LUSCIOUS FRUIT: AMERICA’S ANNEXATION OF HAWAII by BECKY L. BRUCE HOWARD JONES, COMMITTEE CHAIR JOSEPH A. FRY KARI FREDERICKSON LISA LIDQUIST-DORR STEVEN BUNKER A DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of History in the Graduate School of The University of Alabama TUSCALOOSA, ALABAMA 2012 Copyright Becky L. Bruce 2012 ALL RIGHTS RESERVED ABSTRACT This dissertation argues that the annexation of Hawaii was not the result of an aggressive move by the United States to gain coaling stations or foreign markets, nor was it a means of preempting other foreign nations from acquiring the island or mending a psychic wound in the United States. Rather, the acquisition was the result of a seventy-year relationship brokered by Americans living on the islands and entered into by two nations attempting to find their place in the international system. Foreign policy decisions by both nations led to an increasingly dependent relationship linking Hawaii’s stability to the U.S. economy and the United States’ world power status to its access to Hawaiian ports. Analysis of this seventy-year relationship changed over time as the two nations evolved within the world system. In an attempt to maintain independence, the Hawaiian monarchy had introduced a westernized political and economic system to the islands to gain international recognition as a nation-state. This new system created a highly partisan atmosphere between natives and foreign residents who overthrew the monarchy to preserve their personal status against a rising native political challenge. These men then applied for annexation to the United States, forcing Washington to confront the final obstacle in its rise to first-tier status: its own reluctance to assume the burdens and responsibilities of an imperial policy abroad. -
House Concurrent Resolution
HOUSE OF REPRESENTATIVES ~ 6 TWENTY-SEVENTH LEGISLATURE, 2013 IN H.D. 1 STATEOFHAWAII HOUSE CONCURRENT RESOLUTION COMMEMORATING THE TWENTIETH ANNIVERSARY OF PUBLIC LAW 103-150, RECOGNIZING THE PROGRESS MADE TOWARDS RECONCILIATION AND NATIVE HAWAIIAN SELF-GOVERNANCE AND SELF-DETERMINATION, REAFFIRMING THE STATE’S COMMITMENT TO RECONCILIATION WITH NATIVE HAWAIIANS FOR HISTORICAL INJUSTICES, URGING THE FEDERAL GOVERI~JMENT TO ADVANCE RECONCILIATION EFFORTS WITH NATIVE HAWAIIANS, AND SUPPORTING EFFORTS TO FURTHER THE SELF-DETERMINATION AND SOVEREIGNTY OF NATIVE HAWAIIANS. 1 WHEREAS, in 1993, the United States Congress passed Public 2 Law 103-150 (the “Apology Resolution”), acknowledging and 3 apologizing for the critical role of United States diplomats, 4 military forces, and citizens in the overthrow of the sovereign 5 Kingdom of Hawai’i; and 6 7 WHEREAS, the Apology Resolution confirms that the actions 8 of United States agents in the overthrow and occupation of the 9 Hawaiian government violated treaties between the United States 10 and the sovereign Kingdom of Hawai’i, and norms of international 11 law; and 12 13 WHEREAS, the Apology Resolution confirms that one million 14 eight hundred thousand acres of crown and government lands were 15 thereafter ceded to the United States without consent or 16 compensation to the Native Hawaiian people or their sovereign 17 government, as a result of the United States’ annexation of 18 Hawai’i; and 19 20 WHEREAS, the Apology Resolution recognizes that the Native 21 Hawaiian people never relinquished their claims to their 22 inherent sovereignty as a people or of their national lands 23 throughout the overthrow, occupation, annexation, and admission 24 of Hawai’i into the United States; and HCR6 HD1 HMS 2013-3122 ~ H.C.R. -
Analyzing the Obama Administration's Efforts of Reconciliation with Native
Michigan Journal of Race and Law Volume 22 2017 Legacy in Paradise: Analyzing the Obama Administration’s Efforts of Reconciliation with Native Hawaiians Troy J.H. Andrade William S. Richardson School of Law, University of Hawai’i at Mānoa Follow this and additional works at: https://repository.law.umich.edu/mjrl Part of the Administrative Law Commons, Indian and Aboriginal Law Commons, Law and Race Commons, and the President/Executive Department Commons Recommended Citation Troy J. Andrade, Legacy in Paradise: Analyzing the Obama Administration’s Efforts of Reconciliation with Native Hawaiians, 22 MICH. J. RACE & L. 273 (2017). Available at: https://repository.law.umich.edu/mjrl/vol22/iss2/4 This Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Race and Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. LEGACY IN PARADISE: ANALYZING THE OBAMA ADMINISTRATION’S EFFORTS OF RECONCILIATION WITH NATIVE HAWAIIANS Troy J.H. Andrade* This Article analyzes President Barack Obama’s legacy for an indigenous people—nearly 125 years in the making—and how that legacy is now in consid- erable jeopardy with the election of Donald J. Trump. This Article is the first to specifically critique the hallmark of Obama’s reconciliatory legacy for Native Hawaiians: an administrative rule that establishes a process in which the United States would reestablish a government-to-government relationship with Native Hawaiians, the only indigenous people in America without a path toward federal recognition. -
BROKEN PROMISES: Continuing Federal Funding Shortfall for Native Americans
U.S. COMMISSION ON CIVIL RIGHTS BROKEN PROMISES: Continuing Federal Funding Shortfall for Native Americans BRIEFING REPORT U.S. COMMISSION ON CIVIL RIGHTS Washington, DC 20425 Official Business DECEMBER 2018 Penalty for Private Use $300 Visit us on the Web: www.usccr.gov U.S. COMMISSION ON CIVIL RIGHTS MEMBERS OF THE COMMISSION The U.S. Commission on Civil Rights is an independent, Catherine E. Lhamon, Chairperson bipartisan agency established by Congress in 1957. It is Patricia Timmons-Goodson, Vice Chairperson directed to: Debo P. Adegbile Gail L. Heriot • Investigate complaints alleging that citizens are Peter N. Kirsanow being deprived of their right to vote by reason of their David Kladney race, color, religion, sex, age, disability, or national Karen Narasaki origin, or by reason of fraudulent practices. Michael Yaki • Study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution Mauro Morales, Staff Director because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. • Appraise federal laws and policies with respect to U.S. Commission on Civil Rights discrimination or denial of equal protection of the laws 1331 Pennsylvania Avenue, NW because of race, color, religion, sex, age, disability, or Washington, DC 20425 national origin, or in the administration of justice. (202) 376-8128 voice • Serve as a national clearinghouse for information TTY Relay: 711 in respect to discrimination or denial of equal protection of the laws because of race, color, www.usccr.gov religion, sex, age, disability, or national origin. • Submit reports, findings, and recommendations to the President and Congress. -
Plotting of the Overthrow of the Hawaiian Kingdom
American Politics: Plotting the Illegal Hawaiian Kingdom Overthrow and Illegal Annexation After the Civil War of 1861-1865 the Kingdom of Hawai’i was already in the crosshairs of more serious US annexation. The country was flush with money from unspent taxes imposed during the Civil War. It was secured from coast to coast and the Presidency was securely in the hands of Republican Union Civil War veterans who had defeated the secessionist Southern States Democrats and looked for expansion into the Pacific under their doctrine of divine destiny. The navy was expanded with iron warships and two of them under the command of Major General Schofield and Colonel Alexander had visited Honolulu in 1873 under the guise of a “friendly mission,” spying on the kingdom and mapping out the potential of Pearl Harbor as a navy base for expansion into the Pacific. In 1840 US Navy Commodore Charles Wilkes had first surveyed the Pearl Harbor area and described it as “the best and most capacious harbor in the Pacific.” Grover Cleveland, the leader of the pro-business Democrats, opposed imperialism, high tariffs, inflation, and subsidies and had established a reputation for relentlessly fighting the widespread political corruption of both the Democratic and Republican parties. Not actually running for president, he was unexpectedly chosen by his Democratic party as a compromise candidate and also unexpectedly won the presidential election, as the public had become sick of the widespread political corruption. He therefore won his first term in 1884 at a time of Republican political domination dating to 1861 which had become pro imperialistic and clamored for colonial expansion. -
Native Hawaiians Study Commission.: Report Onthe TITLE , Culture, Needs and Concerns of Nativehawaiians
DOCUMENT RESUME ED 254 609 UD 024'136 Native Hawaiians Study Commission.: Report onthe TITLE , Culture, Needs and Concerns of NativeHawaiians. Final ort. Volume II.Claims of Conscience: A Dissenting Study\ofs the Culture, Needs andConcerns of Native HawaiianS. , INSTITUTION Department of the Interior,Washington, D.C. PUB DATE 23 Jun 83 ° NOTE 194p.; For Volume Iof the final-report, see UD 024 135. PUB TYPE Reports -'Researcb/Technical (143r EDRS PRICE MF01/PC08 Plus Postage. DESCRIPTORS Federal Legislationl *Federal,StateRelationship; *Hawailans,"Legal Responsibility; *Needs Assessment; *State History; *Trust Responsibility (Government); United States History IDENTIFIERS *Hawaii; *Land Rights ABSTRACT , Volume II of the final report of theNative ftwaiians Study Commission (NHSC) on the culture,needs, and concerns of native Hawaiians, this book contains a formaldissent to the conclusions and recommendations presented in Volume I madeby three of the NBSC commissioners. Its principal criticism'is.that Volume 'I fails to address the' underlying intent of thecommissioned. study:. (1) to ssoss-the American involvementin the take-over of the Kingdom of Hawaii; (2)`based,on the findingregarding'American participation in the coup.etatWe of. 1893, to ascertainwhether American culpability 'for injuries or damages suffered. :.by Native Hawaiians existedrand (3) to advise about how toapproach. *lid answer any such.Native 'Hawaiian claims. This volume of the :eportfurther states that critical support is lacking for Volume\I'sargument that the United -
Ka Poʻe Aloha ʻāina 1894 He Moʻolelo Hoʻonaue Puʻuwai: Hawaiian Defiance a Year After the Overthrow a Thesis Submitted To
KA POʻE ALOHA ʻĀINA 1894 HE MOʻOLELO HOʻONAUE PUʻUWAI: HAWAIIAN DEFIANCE A YEAR AFTER THE OVERTHROW A THESIS SUBMITTED TO THE GRADUATE DIVISION OF THE UNIVERSITY OF HAWAIʻI AT MĀNOA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN HAWAIIAN STUDIES MAY 2019 By Keanupōhina Mānoa Thesis Committee: Kamanamaikalani Beamer, Chairperson W. Kekailoa Perry Kamoaʻe Walk Abstract There were different and opposing national identities claiming to represent Hawaiʻi in 1894. A year after the illegal overthrow of the Hawaiian Kingdom, the same insurgents now calling themselves the Provisional Government of Hawaiʻi (PG) were putting on a one-year anniversary celebration. Depending on the newspapers and other records from the day, completely different stories could be told on this same event. The PG attempted to spread political myth as fact, to legitimize their cause, and give them the appearance of embodying American values. Opposing English language newspapers however, were able to unravel many of these political myths, thus delegitimizing the PG and highlighting President Cleveland’s rejection of annexation. Meanwhile, Hawaiian language writers, first demonstrating an intimate and expert knowledge of Hawaiʻi’s situation, then published and used this knowledge to express themselves and find answers in a very Hawaiian way – through the use of metaphor and kaona - to further delegitimize the PG. Because these writings were published and kept, these writers simultaneously preserved Hawaiian thought and action from this turbulent time for Hawaiians today. These stories can act as an example of Hawaiian identity and Hawaiian Nationalism in a time of great political change, thereby perhaps showing one way to move forward in today’s politically changing environment. -
Bibliography of Native Hawaiian Legal Resources
Bibliography of Native Hawaiian Legal Resources Materials Available at the University of Hawai‘i at Mānoa Libraries Center for Excellence in Native Hawaiian Law William S. Richardson School of Law University of Hawai‘i at Mānoa Lori Kidani 2007 TABLE OF CONTENTS CALL NUMBER LOCATIONS.....................................................................................................1 BIBLIOGRAPHIES......................................................................................................................2 CULTURAL KNOWLEDGE AND PROPERTY ............................................................................3 LAND AND NATURAL RESOURCES.........................................................................................5 LAWS, CURRENT ......................................................................................................................9 LAWS, HISTORICAL ................................................................................................................10 LEGAL CASES .........................................................................................................................18 NATIVE RIGHTS AND CLAIMS................................................................................................20 OVERTHROW AND ANNEXATION..........................................................................................23 REFERENCE MATERIALS.......................................................................................................26 SOVEREIGNTY AND SELF DETERMINATION........................................................................27 -
Center for Hawaiian Sovereignty Studies 46-255 Kahuhipa St. Suite 1205 Kane'ohe, HI 96744 (808) 247-7942 Kenneth R
Center for Hawaiian Sovereignty Studies 46-255 Kahuhipa St. Suite 1205 Kane'ohe, HI 96744 (808) 247-7942 Kenneth R. Conklin, Ph.D. Executive Director e-mail [email protected] Unity, Equality, Aloha for all To: HOUSE COMMITTEE ON EDUCATION For hearing Thursday, March 18, 2021 Re: HCR179, HR148 URGING THE SUPERINTENDENT OF EDUCATION TO REQUEST THE BOARD OF EDUCATION TO CHANGE THE NAME OF PRESIDENT WILLIAM MCKINLEY HIGH SCHOOL BACK TO THE SCHOOL'S PREVIOUS NAME OF HONOLULU HIGH SCHOOL AND TO REMOVE THE STATUE OF PRESIDENT MCKINLEY FROM THE SCHOOL PREMISES TESTIMONY IN OPPOSITION There is only one reason why some activists want to abolish "McKinley" from the name of the school and remove his statue from the campus. The reason is, they want to rip the 50th star off the American flag and return Hawaii to its former status as an independent nation. And through this resolution they want to enlist you legislators as collaborators in their treasonous propaganda campaign. The strongest evidence that this is their motive is easy to see in the "whereas" clauses of this resolution and in documents provided by the NEA and the HSTA which are filled with historical falsehoods trashing the alleged U.S. "invasion" and "occupation" of Hawaii; alleged HCR179, HR148 Page !1 of !10 Conklin HSE EDN 031821 suppression of Hawaiian language and culture; and civics curriculum in the early Territorial period. Portraying Native Hawaiians as victims of colonial oppression and/or belligerent military occupation is designed to bolster demands to "give Hawaii back to the Hawaiians", thereby producing a race-supremacist government and turning the other 80% of Hawaii's people into second-class citizens. -
Coalition Politics in Hawai'i· 1887.90
COALITION POLITICS IN HAWAI'I· 1887.90: Hill KALAl'A.lNA AND THE MECHANICS AND WORKINGMEN'S POLITICAL PROTECTIVE UNION A THESIS SUBMITTED TO THE GRADUATE DIVISION OF THE UNIVERSITY OF HAWAI'I IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN PACIFIC ISLANDS STUDIES DECEMBER 1993 By David William Earle Thesis Committee: Terence Wesley-Smith. Chairperson Davianna P<5maika'i McGregor David Hanlon We certify that we have read this thesis and that, in our opinion, it is satisfactory in scope and quality as a thesis for the degree of Master of Arts in Pacific Islands Studies. THESIS COMMITTEE ~ \r\l~~ ""f Ch' on ii © Copyright 1993 by David Earle iii ACKNOWLEDGEMENTS The author acknowledges the support provided by the East-West Center, Honolulu to undertake a Master's degree at the University of Hawai'i. The author also acknowledges the assistance received from Katie Boyle, for proof-reading, Marion Kelly, for assistance with the initial research, and the Pacific History Association IX Annual Conference and the University of Hawai'i Graduate Student Organization 1993 Spring Symposium, where he was able to present parts of the research and receive invaluable feedback on it. iv ABSTRACT In 1889, Hoi KiUai' aina (The Hawaiian Political Association) and the Mechanics and Workingmens' Political Protective Union united to fonn the National Refonn Party in order to win the 1890 election in Hawai'i. They stood against the Refonn Party, which represented the interests of the American and European elite in the islands. The National Refonn Party's policies were to maintain the independence of the islands and improve the situation ofNative Hawaiians and the American and European lower and middle classes.