The Hawaii Congressional Delegation Task Force on Native Hawaiian Issues convened two of the five working groups that will advise the delegation on the drafting of legislation to clarify the relationship between Native Hawaiians and the federal government. U.S. Senator Daniel K. Akaka (D-Hawaii), chair of the task force, U.S. Senator Daniel K. Inouye (D-HI) and Representative Neil Abercrombie (D-HI) addressed members of the Native Hawaiian community and State working groups in separate meetings at the Hawaii State Capitol.
The Task Force coordinates the delegation's efforts to address Native Hawaiian issues. It has identified the clarification of the relationship between Hawaii's indigenous people, Native Hawaiians, with the United States as its immediate goal. The Task Force intends to introduce legislation to clarify the relationship between Native Hawaiians and the United States.
"We are considering a measure which would recognize Native Hawaiians as an indigenous people, with a special relationship with the United States and the right to self-determination under federal law," Akaka stated. "Working groups provide the flexibility to involve a number of individuals with expertise in a multitude of areas to help us meet this objective. It provides us with the ability to coordinate our efforts. The working groups will work within their areas and are free to work with each other. In addition, the working groups will work closely with the Task Force to provide input with respect to each of their areas."
"In creating the Native Hawaiian community working group, we wanted a group that would be a cross-section of the Native Hawaiian community. The mission the Native Hawaiian community working group is to offer guidance as we develop legislation to clarify the relationship between Native Hawaiians and the federal government. The mana`o and understanding of the issues within the Native Hawaiian community is integral to the success of our efforts. We cannot go forward if Native Hawaiians don't understand what we are doing and are not supportive of what we are doing."
Congress has enacted approximately 160 statutes that affect Native Hawaiians. Many of these statutes recognize Native Hawaiians as Native Americans and accord Native Hawaiians similar treatment to that of American Indians and Alaska Natives. It is clear that the Legislative Branch of the federal government recognizes Native Hawaiians as having a special status similar to that of Native Americans.
The Task Force believes that further clarification of the relationship between Native Hawaiians and the federal government is important. Given the Legislative Branch's recognition of Native Hawaiians as an indigenous people with a special status similar to that of Native Americans Indians and Alaska Natives, further recognition of Native Hawaiians by the federal government is appropriate.
"Of utmost importance is the need for all of us to work together and for all us to understand what we are all doing to provide a better future for Native Hawaiians, and by doing so, creating a better future for the State of Hawaii," Akaka noted. "The Task Force on Native Hawaiian Issues is the beginning of this coordinated effort. "Let me be very clear. This is an incremental process. We will move step by step. The immediate goal of the Task Force is to address the relationship between Native Hawaiians and the federal government. We plan to introduce legislation in June 2000. We want this legislation to be passed during the 106th Congress. For that reason, we must consider a legislative measure that will achieve what we need: clarification of the federal relationship."
A task force concept paper and list of members for the Native Hawaiian Community Working Group and State of Hawaii Working Group are attached.
Task Force on Native Hawaiian Issues Concept Paper
Background
On March 9, 2000, Hawaii's Congressional delegation formed the Task Force on Native Hawaiian Issues, chaired by Senator Daniel K. Akaka. The purpose of the Task Force is to coordinate the delegation's efforts to address Native Hawaiian issues. Task Force members are Senator Daniel K. Inouye, Senator Daniel K. Akaka, Representative Patsy T. Mink, and Representative Neil Abercrombie. The Task Force has identified as its immediate goal, the clarification of the relationship between Hawaii's indigenous people, Native Hawaiians, with the United States.
Congress has enacted approximately 160 statutes that affect Native Hawaiians. Many of these statutes recognize Native Hawaiians as Native Americans and accord Native Hawaiians similar treatment to that of American Indians and Alaska Natives. It is clear that the Legislative Branch of the federal government recognizes Native Hawaiians as having a special status similar to that of Native Americans.
The Task Force believes that clarification of the special relationship between Native Hawaiians and the federal government is important. Given the Legislative Branch's recognition of Native Hawaiians as an indigenous people with a special status similar to that of Native Americans Indians and Alaska Natives, further recognition of Native Hawaiians by the federal government is appropriate.
Hawaii's Congressional delegation has been working closely with the Executive Branch to address this relationship. In 1999, the Department of the Interior and the Department of Justice designated officials to begin consultations with Native Hawaiians in a process of reconciliation in accordance with Public Law 103-150, the Apology Resolution. The reconciliation process addresses a number of issues facing Native Hawaiians, including the special relationship between Native Hawaiians and the federal government.
In Rice v. Cayetano, the United States Supreme Court declined to address the relationship between Native Hawaiians and the federal government. The Court did rule however, that the Office of Hawaiian Affairs, as a state agency, could not exclude non-Hawaiians from voting in the election of the Board of Trustees for the Office of Hawaiian Affairs.
Immediate Goal
Given current efforts to address Native Hawaiian issues by the Executive Branch, and the United States Supreme Court's recent decision in the Rice case, the Task Force intends to introduce federal legislation to clarify the relationship between Native Hawaiians and the United States. The Task Force believes an incremental approach to be most effective given the time left in the 106th Congress and the Clinton Administration.
As a first step, the Task Force is considering drafting a legislative measure that would recognize: (1) Native Hawaiians as an indigenous people, (2) with a special relationship with the United States, and (3) a right to self-determination under federal law. Such legislation would form the foundation for the recognition of Native Hawaiians as an indigenous people by the federal government. A legislative measure which would establish a process for the Native Hawaiian community to form an entity for federal recognition and engage in a government-to-government relationship, similar to that of American Indians and Alaska Natives, is a potential second step in this process. Such action, however, would depend on the Native Hawaiian community and its willingness to engage in such a process.
Working Groups
In addressing this important endeavor, the Task Force has created five working groups. The working groups include the Native Hawaiian community, state officials, White House and federal officials, Congressional members and caucuses, and the Native American community and constitutional scholars. The concept of working groups provides the Task Force with the flexibility to involve a number of individuals with expertise, experience, and knowledge in a variety of areas. The concept of working groups also provides the Task Force with the ability to coordinate efforts to address Native Hawaiian issues in a cohesive manner by opening lines of communication between different groups and the Task Force. Each working group has a mission.
A. Native Hawaiian Community Working Group
In designating individuals to participate in the Native Hawaiian community working group, the Task Force identified criteria that would lead to a cross section of the Native Hawaiian community. The Task Force worked to ensure that different ages, professions and disciplines, islands, and elements of the community were represented and could be reached by individuals on the working group. The Task Force did not select individuals based on affiliation with Native Hawaiian organizations.
A cross section of the community is essential because the mission of the Native Hawaiian community working group is to provide guidance to the Task Force as the Task Force develops legislation to clarify the relationship of Native Hawaiians and the federal government. The guidance sought by the Task Force is that of the Native Hawaiian community. It is imperative that individuals on the working group share not only their personal views, but their knowledge regarding the views of the community. It is equally important that information is shared at a grassroots level so that there is a common level of understanding regarding the Congressional delegation's immediate goal of addressing the relationship between Native Hawaiians and the federal government. While a number of individuals who wished to serve on the working group were not selected, it is imperative that the Native Hawaiian community work together as a whole to address this crucial issue with the Task Force.
B. State Working Group
In designating individuals to serve on the state working group, the Task Force identified individuals involved with policy making for Native Hawaiians at the state level. The relationship between Native Hawaiians and the federal government impacts the State of Hawaii and its policies pertaining to Native Hawaiians. The mission of the state working group will be to coordinate efforts with the Task Force regarding the clarification of the relationship between Native Hawaiians and the federal government. The state level working group will be able to provide the Task Force with input as to how this relationship will impact current state policies, programs and efforts to address Native Hawaiian issues.
C. White House and Federal Officials Working Group
In designating individuals to serve on the White House and federal officials working group, the Task Force identified individuals from federal agencies who are involved with policies pertaining to Native Hawaiians as the federal level. The mission for the White House and Federal Officials working group is to coordinate with the Task Force regarding policy making at the federal level. This working group continues current efforts by federal agencies pertaining to the reconciliation process and the delegation's efforts to establish permanency to the reconciliation process through the establishment of an office to focus on Native Hawaiian issues within the Department of the Interior and the creation of a federal inter-agency working group.
D. Congressional Members and Caucuses Working Group
This working group will coordinate with the Task Force to increase the level of understanding on a national level and within the Congress of the history and status of Native Hawaiians. This working group will play an integral role in assisting with the passage of legislation.
E. Native American Community and Constitutional Scholars Working Group
In designating individuals to serve on the Native American Community and Constitutional Scholars working group, the Task Force identified individuals with expertise, knowledge, and experience in Indian Law and federal policies pertaining to Native Americans. The mission of this working group is to provide guidance regarding the relationship between American Indians and Alaska Natives and the federal government. The working group will also exist the Task Force in examining both successful and unsuccessful efforts by Native Americans to address federal recognition, self-determination and government-to-government relationships.
Timeline
Hawaii's Congressional delegation intends to introduce legislation in June 2000. In clarifying political status, the delegation is considering legislation which would recognize Native Hawaiians as an indigenous people with a special relationship with the United States and a right to self-determination under federal law. The working group configuration provides for productive involvement and input from the Native Hawaiian community, state, and federal government in a consolidated time frame.
March 9, 2000 Task Force on Native Hawaiian Issues created
April 2000 Working Groups convened for initial meeting
May 2000 Draft legislation circulated for comment and input Working Groups convened for input
June 2000 Introduction of Legislation
October 2000 106th Congress adjourned sine die
Task Force on Native Hawaiian Issues State Working Group
Rowena Akana
Senator Whitney Anderson
Haunani Apoliona
David Forman
Representative Eric Hamakawa
Senator Colleen Hanabusa
Clayton Hee
Claire Hughes
Tim Johns
Representative Mike Kahikina
Representative Sol Kahoohalaha
Dr. Lilikala Kameeleihiwa
Representative Hermina Morita
Ray Soon
Nainoa Thompson
Eric Yamamoto
Task Force on Native Hawaiian Issues Native Hawaiian Community Working Group
Emmett Aluli
Roy Benham
Gladys Brandt
Tom Contrades
Robin Danner
Beadie Dawson
Kawika Gapero
Kekama Helm
Corbett Kalama
Kamaki Kanahele
Kinau Kamalii
Nau Kamalii
Mahealani Kamauu
Rev. David Kaupu
Rev. Sharlan Kunia
Colette Machado
Rev. Charles Maxwell
Tara Lulani McKenzie
Manu Meyer
Hooipo Pa
Kahoonei Panoke
Tony Sang
Piilani Smith
Mililani Trask
Nani Watanabe
