Column: Broken promises to Native Hawaiians could spur sovereignty

The issue of federal recognition of a government-to-government relationship with Native Hawaiians has a long history filled with many injustices. The United States participated in the illegal overthrow of the Kingdom of Hawaii and annexed Hawaii without the consent or just compensation of Native Hawaiians. Although Congress apologized for the illegal takeover and has passed more than 150 laws that recognize a special political and legal relationship with the Native Hawaiian community, it has yet to establish with Native Hawaiians the same trust relationship that exists between the United States and Native Americans.

Congress never passed the late U.S. Sen. Daniel Akaka’s bill that would have addressed this inequity. This was partly due to the opposition 10 years ago by the then-ultraconservative dominated U.S. Commission on Civil Rights, which, over the strenuous objection of the Democratic members of the Commission, baldly — and incorrectly — asserted it resulted in racial or ethnic discrimination. Egregiously, that Commission was unable to cite any facts or findings in support of its ideological position.

We are pleased to announce that the U.S. Commission on Civil Rights, utilizing sound legal and factual analysis, has corrected this mistake with the release of its latest report, “Broken Promises: Continuing Federal Funding Shortfall for Native Americans.”

We hope this correction spurs Congress to reconsider and pass legislation that addresses the recognition of Native Hawaiian sovereignty.

Ultraconservatives argue against federal recognition because of an oddly held belief that Native Hawaiians are not “indigenous” to our country. They baselessly fear that it will open the floodgates to granting special privileges to other racial and ethnic groups.

As we point out in our report, these misguided arguments ignore relevant, longstanding Supreme Court precedent leaving no doubt that laws dealing with our nation’s indigenous peoples are not based on impermissible racial classifications. These laws are based on political classification expressly provided for in the Constitution and affirmed by centuries of federal relations with Native Americans.

Our Constitution and laws allow for the United States to conduct relations with and grant special status to indigenous, native groups within its borders, whether within its original territory or subsequently acquired.

Native Hawaiians had their own culture and government that existed prior to the formation of the United States, just like American Indians on the mainland. And sadly, like American Indians, the United States deprived Native Hawaiians of their land, extinguished their right to self-governance and self-determination, and suppressed their language and identity.

Our report also finds that as a result, Native Hawaiians face challenges similar to Native Americans, such as overrepresentation in the criminal justice system, disparities in educational opportunities and health outcomes, and poor housing conditions.

While Native Hawaiians have persevered to maintain their culture and identity, they still lack the federal recognition currently enjoyed by American Indians and Alaska Natives, which limits their full access to some needed and deserved programs and services.

The United States must continue to take actions to support the recognition of Native Hawaiian sovereignty, including the U.S. Department of Interior’s 2016 action that allows a unified Native Hawaiian government to enter a formal government-to-government relationship with the U.S. government.

The Commission’s corrected position on Native Hawaiian recognition is another important step.

Congress should move to pass legislation to provide a process for the reorganization of a Native Hawaiian governing entity and to confirm the special political and legal relationship between the United States and such Native Hawaiian governing entity. It is time for Congress to correct a historic injustice committed against Native Hawaiian people.

Karen K. Narasaki is a civil and human rights consultant, and Michael Yaki is a government affairs consultant; both are members of the U.S. Commission on Civil Rights. This piece was written in their individual capacities.