Rulemaking under way for DNA testing for Hawaiian homelands
ASSOCIATED PRESS
Houses in the the Hawaiian homestead community of Papakolea in Honolulu.The state Department of Hawaiian Home Lands has proposed rules that would allow people applying for a homestead lease to use DNA evidence to prove ancestry.
When the state deemed Leighton Pang Kee ineligible for one of the most valuable benefits available to Native Hawaiians — land at almost no cost — because he couldn’t show that he was at least 50 percent Hawaiian, he sued.
Pang Kee knew he was, and needed to figure out a way to prove it. According to his lawsuit, his mother was at least 81.25 percent Native Hawaiian, but his birth certificate didn’t list his biological father.
But he knew who his father was. Pang Kee, who was adopted, found his late father’s brother, got a DNA sample that showed there was a 96.35 percent probability that Pang Kee and the man were related, the lawsuit said.
While that initially wasn’t enough for the state Department of Hawaiian Home Lands, the agency eventually settled, and has proposed rules that would allow the use of DNA evidence to prove ancestry.
Hawaiians don’t typically fixate on how much Hawaiian blood they have when it comes to asserting ancestral identity.
“A Hawaiian is a Hawaiian is a Hawaiian,” said Michelle Kauhane, president and CEO of the Council for Native Hawaiian Advancement. “Whether they have a drop or more than 50 percent.”
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One of the only times blood quantum is relevant is for applying for a homestead lease. Those with at least 50 percent Hawaiian blood quantum can apply for a 99-year lease for $1 a year.
After the settlement last year of Pang Kee’s 2012 lawsuit, the department agreed to enact the rules. The department is now taking comments from beneficiaries about the proposed rule to allow DNA testing for proof of eligibility.
The rulemaking process could take up to two years, the department said. There’s some confusion among beneficiaries about the proposed rule, said Paul Richards, past president of the Waimanalo Hawaiian Homes Association.
The idea of using DNA to prove ancestry conjures up commercials advertising DNA-testing kits. But those tests can’t prove someone has Hawaiian ancestry, just that someone has general Polynesian ancestry.
The testing to prove Hawaiian ancestry is more like a paternity test, said Camille Kalama, an attorney for the Native Hawaiian Legal Corp., which sued on Pang Kee’s behalf.
The ideal testing situation would be if someone can use DNA to test directly with their father, who is able to document Hawaiian ancestry. The next best situation would be to test against the full sibling of the father, she said.
“It’s a very small segment of applicants who are in this situation,” Kalama said. “It’s even smaller for the amount of people who have a relative to test.”
As part of the settlement, Pang Kee and another woman with a similar situation are now on the homestead waiting list.
Wailana Dasalia said having a rightful place on the waitlist comes with achieving “closure on who I am.”
Growing up on Kauai, she always knew who her father was but because her parents weren’t married, his name wasn’t on her birth certificate.
Without his bloodline, Dasalia was only one-quarter Native Hawaiian in the eyes of the Department of Hawaiian Home Lands. With DNA proof that he’s her father, she’s 65 percent, she said. Her father is also on the waitlist.
Passed by the U.S. Congress in 1921, the program is meant to provide economic self-sufficiency to Hawaiians by allowing them to use land to live on.
One theory about the origin of the 50 percent requirement is that it was required with the idea that eventually there would be no one left who could qualify, said Williamson Chang, a Native Hawaiian law professor at the University of Hawaii.
That hasn’t happened, as evidenced by the number of people on the homestead waitlist: more than 27,000 applicants. As of Nov. 30, there were 9,814 people leasing residential, agricultural and pastoral homestead lots statewide.
Identifying Hawaiians based on their blood quantum is a very un-Hawaiian idea, Chang said.
“They are not people who divide,” he said. “The idea of Hawaiian is much broader than race … If it weren’t for the federal government, Hawaiians wouldn’t have a reason to be concerned about blood quantum.”
Patrick Kahawaiolaa grew up on a Big Island homestead, where kupuna, or elders, urged him to not let the Hawaiian race die off. “It was ingrained in me by my father,” he said. “You get married; you make sure you marry a Hawaiian.”
When he met his wife, he recalled, he confirmed her ancestry with her answer to where she was from: Papakolea, a homestead community in Honolulu.
“Hawaiian children will never be able to buy a piece of property,” he said, referring to Hawaii’s expensive real estate. “But by their birthright, are entitled to a piece of property.”
220 responses to “Rulemaking under way for DNA testing for Hawaiian homelands”
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Same DNA that makes me go on public entitlements?
The “blood quantum” idea first came about when John Wise and Prince Kuhio argued for the Hawaiian Homelands Commission Act of 1920. It was first discussed that anyone with as little as 1/32 blood quantum should be allowed to apply. But, this went against Prince Kuhio’s secondary argument that the “Rehabilitation Act”, as it was commonly called at the time, was not just a back to the land opportunity, but to “save a dying race”. In addition, there was only so much land, and there wouldn’t be enough for all, let alone folks with greater blood quantum. So, the 50% amount was agreed upon. After all, who can say that folks with one drop of Polynesian-Hawaiian blood can be called a “dying race”? In any case, almost 100 years later we know that Polynesian-Hawaiians are NOT a “dying race” and the program has been a dismal failure. It’s time to end all these racist programs, not enlarge them into a “one drop nation”.
Yep. In other countries, you either work or die. No special privileges.
There was also a secondary issue that was only spoken about behind close doors in smoke filled rooms. That issue was commonly called the “Japanese problem”. Japanese immigrants that had once been slaves under the Kingdom’s indentured servitude program were then in big numbers homesteading farm lands. It was concerning to many that they would eventually gobble up all the good land. So, the program was also seen as a way to stop the trend. This fact is just another example of the discrimination that Japanese and Chinese residents of Hawaii had to endure before Statehood. Remember, they were also not allowed to vote unless they had been born here. Polynesians had the largest voting block, and so controlled politics, up until the 1940s when Japanese and Chinese children that had been born here reached voting age.
“Hawaiian children will never be able to buy a piece of property,” he said, referring to Hawaii’s expensive real estate. “But by their birthright, are entitled to a piece of property.”
True, perhaps, but only if some self-anointed monarch allows it.
What a victimizing statement that “Hawaiian children will never be able to buy a piece of property”! Not only is it an awful thing to say to a child, victimizing them and putting their ability to achieve at risk, but it is a completely FALSE one too. More Polynesian-Hawaiians own homes and property than ever before. And, by the way, they never own the property. It’s all a scam. Why would anyone build a home on someone elses property, and then be forced to marry and have children with another of the same race against the “life, liberty, and pursuit of happiness” clause?
really forced to o marry and have children with another of the same race. goig of the deep end dave . there no force to it.
If you want to pass on the lease you do. Perhaps you should re-read the rules. The program is also unconstitutional from the standpoint of freedom of movement. You can only live where they tell you to live, not where you want to. Nothing more than a reservation that segregates a race from other races.
DiverDave, What’s going on? Agree with your post. Is it a trust issue between native and Native Hawaiians? Facing the truth now becomes a challenge, legal or otherwise. But, it’s about time for all those who complete their DNA test to find they are also Asian Chinese and other ethnic groups.
just because some one has another race besides hawaiian dose not make them less hawaiian. it come down to what culture you embrace. look at allie she half whit but she holds to her native american culture
I suspected “allie” was a “half whit”…
If it’s unconstitutional, why haven’t you challenged it in court? Why hasn’t someone else? After all it’s been around for almost 100 years, what are you anti hawaiian folks waiting for? Are you just all talk and no action?
SWYT, there are existing bones excavated from old burials that may not be Polynesian and located at the Bishop Museum. They were to be DNA tested, but stopped by the native Hawaiians in Court. It is believed that these bones are of Asian people based on their size and structure. They were dated before the Polynesians reached the Islands of Hawaii. If the HHC develops a positive policy on DNA testing, Bishop Museum could request approval for the bones to be DNA tested and provide answers to who they are. Also, we know that the Islands of Polynesia were discovered by the Asians and came from a specific area in China. Many of our Hawaiian historical information could be discovered with this important DNA policy decision.
there no force to it people of the same culture are drawn to each other they have many thing in common. Sorry just how it works. you may have hope to breed them out but that failed. i have friends in clai who are hawaiian and married and had kids with other hawaiians and they have never been to hawaii.
Now you are really making me laugh! You sound like the woman that was painting her face Black and impersonating a Black person with the NAACP. When she was discovered to be White she said she “identified” as a Black person. You now have left the road and are in the weeds. LOL!
http://time.com/3922477/rachel-dolezal-nbc-today-black-identify/
sorry your the one who went off the deep end with your comment that they are forced to marry there own kind. no such thing you just are mad that they do
I’m sorry for your ignorance of the program, 808. If a 50% Polynesian-Hawaiian marries a person of another race, the offspring is then only 25% and would not qualify to be on the list.
DD your claiming the only reason hawaiian marry other hawaiians is because of %) percent blood line.Not because they love each other have the same cultures values and are drawn to each other. your statement is false. People marry for love and are drawn to each other for that same reason. like i said your just bad that they were not bread out You might want to go out to the west side and see how hawaiians are growing in numbers and not because of homestead land
alot of teen pregnancies on the west side..that’s why they’re numbers are growing
You are making my point for me, 808. If the reason for the race based homestead program is to “save a dying race” it is no longer needed because as you say the race is growing all by itself without it.
Pathetic, demeaning racism
Yes, jomamma, against all other races that had their right to homestead in Hawaii taken away from them in 1921.
The misunderstanding with the current implementation of the homesteading program designed by John Wise and Prince Kuhio(Hawaii’s Territorial Rep. to U.S. Congress) is that its premise at the time was (1) to “save a dying race”, (2) to accomplish this by taking away homesteading by everyone and allowing only Polynesian-Hawaiians to homestead, (3) putting them back on the land to farm. While the act has been amended since then, the original act of 1920 Sec. 207 clearly said: “The commission is authorized to lease to native Hawaiians the right to use and occupancy of a tract of Hawaiian homelands within the following acreage limits: (1) Not less than twenty nor more than eighty acres of agricultural lands; or (2) Not less than one hundred nor more than five hundred acres of first-class pastoral lands; or (3) Not less than two hundred and fifty nor more than one thousand acres of second-class pastoral lands”. Does that sound like a “buy a Polynesian a condo in Kona” program? Now almost a hundred years later the Polynesian-Hawaiian race has not “died”, and the “Rehabilitation Act” as it was commonly called at the time, has gone so far a field from its original intent that it has reached a point that it cannot be realistically implemented. How is saddling tutu with a $350,000 mortgage(average DHHL loan) on someone elses land she does not own, nor will she ever, helping her?
This is probably the right way to go. Whats good for one is good for all!
I “feel” Hawaiian and therefore feel entitled to the usual millions of dollars of benefits. This entire thing is a total shibai as everyone knows. Most of these claiming to be “Hawaiian” are mostly white and or Asian. What a joke and what a tragedy as well. As my Hawaiian roommate told me last year, “entitlements have really doomed my people. I wish they had neevr been instituted.”
I never expected a racist statement from you.
What makes allie’s statement racist, Bdpapa? How can you be called such a name in the same context of a race based unnecessary program such as this? The program is the racist unconstitutional one.
spoken like a true racist. funny thing is your half white your self but claim to be a native american
Your posts continually use the word “your” when clearly you’re trying for “you’re”. Let’s handle capitalization at a later date.
And yet, you take the “entitlements” that come with being Mandan.
There you go Tita trying to equate Native American Indians with Polynesian-Hawaiians. Apples and Taro. I didn’t know that American Indians had a Kingdom with many different races as citizens, and a sitting Monarch, and a Palace with Electric lights, and Telephones. LOL Polynesian-Hawaiians are not nor have they ever been “Indians”. Cut it out, rolling on the floor laughing at you! HA,Ha,HA!
Maybe a Mandan who is entitled to federal tax money can tell us how the millions of $$ benefits helps?
Diver, not equating….I just don’t support ANY race based anything. I also don’t support race or gender quotas for jobs, schools, sports, housing, etc. If someone can’t get in on their own merit, they need to move along and maybe go a different route. Might sound harsh to some people but there’s a reason a mama bird pushes their young out of the nest.
She’s against entitlements for all people except Indians. Much like DD, if she can’t get any, no one else should be able to either. Folks like them turn green with envy when they read anything regarding Hawaiian self governance.
Not envy. throwupatthemouth, hatred of all things racist. “Hawaiian self governance” is secret code for racial supremacy. But, today’s topic is the unconstitutional race based homesteading program here in Hawaii.
Totally ridiculous! The 1921 “Rehabilitation Act” clearly states that one must have a a blood quantum of 50% or better. By the above quote “A Hawaiian is a Hawaiian is a Hawaiian,” Michelle Kauhane, president and CEO of the Council for Native Hawaiian Advancement. “Whether they have a drop or more than 50 percent.” you can see their little game. How is someone 1/512th Polynesian going to claim they are eligible? Really?
Then there the quote by the sovereignty activist and U of H law professor (the enemy within) saying: “One theory about the origin of the 50 percent requirement is that it was required with the idea that eventually there would be no one left who could qualify, said Williamson Chang.” THIS IS NOT a “theory” MR. CHANG and you know it you LIAR!! When Prince Kuhio (Hawaii’s Representative to the U.S. Congress for twenty years) and John Wise presented the idea to Congress they claimed that Polynesian-Hawaiians “are a dying race”. That obviously has not happened! This programs time is past. There is no evidence that they are a “dying race”! In last U.S. census 550,000 people claimed to be Polynesian-Hawaiian. That’s more than ever existed in the entire history of Hawaii!
Time to put an end to race based outdated entitlement programs for good. This program is completely unconstitutional. Homesteading in Hawaii should be allowed by ALL races, like it was before 1921 here, and like it is in all other States.
what are you so afraid of dave .DNA will make sure how much hawaiian a person has. with adoptions and the hanai system i’m sure more will be able to sign up now which is fair
This is an unconstitutional race based program that excludes all other races. End of story.
Native American entitlements cuts out other races too.
truth is your a racist plain and simple. your comments prove it. you have been ranting and raving since christmas eve. you sit around like a vulture waiting for any story on hawaiians so you can lash out all the hate and jealousy you have towards them
Again, Polynesian-Hawaiians are NOT nor have they ever been “Indians”. The Kings are rolling over in their vaults every time you try to equate the two.
Many Hawaiians long ago were made a shame to be of that race. So they falsified their birth certificates to read another ethnic race. Now there children are pay the price for lying.
What’s your proof that Hawaiians falsified birth certificates?
It’s like most all claims made by Polynesian-Hawaiian activists Tita Girl that cannot be proven, but get repeated over and over by the sovereignty fringe to the point where they are believed to be factual. Urban myths made up to convince people that they are just “poor little Polynesians” that have been discriminated against, when the truth is that the most discriminated groups in Hawaii up until Statehood were the Japanese and the Chinese.
What you can’t change your name and just fake it!
Hawaii already has fake leadership. We don’t need anymore fake here.
Congratulations! In 50 years you might have a lease.
Fish oil is one way to do that.
Help you to live longer?
Sad to hear people say Hawaiians will not be able to buy property. Many Hawaiians go to school, get educated and have great jobs. I wish people would stop making blanket statements that are not helpful. ANYONE can be successful and buy a home, you just need to be smart about it and work hard.
Yep, Wazdat. The mindset of some people is amazing. You can just hear them telling their kids this stuff. Oh well, racism starts in the home!
I think you should sue Dave, just like the guy in the article above. After all, as you say. it’s unconstitutional. Take action!
YOU GOT SOME SPARE CHANGE SWYT?
A racial purity test to determine access to a lucrative government program. Replace “Hawaiian” with “Caucasian” and how does it sound? Sounds kind of kristallnacht. That is flat out creepy.
Cauc/asian? Half Asian?
I’ll wager this news is making a lot of the 1/64ths at Kamehameha Schools a tad nervous.
I’ll bet not. They can sue for millions.
There are a number of limitations when owning a house on Hawaiian homestead. Therefore wait and sell your Hawaiian homestead house when the market is thriving, use the profit for your 20% down payment on a home in a location of your choosing. Then you’ll also have the freedom to rent it out and leave it to any relative irregardless of BQ.
This is one way to do it. It has been done.
You bring up the corruption and mismanagement that is rampant in the program. Just two years ago it was leaked that the program was $100 million in default from loans not being paid, lease payments not paid, and property taxes in arrears. There needs to be an audit, but it is continually resisted. There is a lot of secrecy in management. The program originally was set up to be self funding. As lease, and loan payments would come in the money would go to fund new homesteads. There has never been ANY profit generated from the homestead program, and has just become a funding BLACK HOLE, that money goes in, but nothing ever comes out.
[…] Associated Press explains the […]
[…] Associated Press explains the […]
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