Civil rights commission now backs federal recognition for Native Hawaiians

The U.S. Commission on Civil Rights has reversed course on the issue of federal recognition of a Native Hawaiian government, announcing Thursday it supports the effort and is urging Congress to pass legislation to lay out a process for that to happen.

The sentiment was applauded by Hawaii’s political leaders. However, it’s unlikely that an Akaka-style bill granting federal recognition to a Native Hawaiian government will be sailing through Congress anytime soon.

Hawaii’s congressional delegation has mixed views on whether the debate should be left before Congress, and even if a bill akin to that advocated for years by the late U.S. Sen. Daniel Akaka were to be introduced, it would likely be difficult to get it through a Republican-controlled Senate.

U.S. Rep. Tulsi Gabbard was the only member of Hawaii’s delegation to say that Congress should establish such federal recognition, though she didn’t respond to a question about whether she would be putting forward a bill.

“For generations, the Native Hawaiian community has fought for recognition equal to other native peoples across America, the first people of the lands that became our great nation,” said Gabbard in a statement. “Congress should establish federal recognition for Native Hawaiians so we can further enhance opportunity and access to education, job opportunities and health services, prioritize the Hawaiian language, and more.”

Other members of the delegation were more circumspect, stressing that at this juncture any decision about forming an independent government is best left up to Native Hawaiians. The issue of establishing a government- to-government relationship between the U.S. and Native Hawaiians, similar to those established with American Indian tribes, has long been divisive among Native Hawaiians, with some advocating for total independence from the U.S.

The debate came to a resting point of sorts when the U.S. Department of Interior finalized a rule in 2016 that sets out an administrative process for achieving such recognition. It’s up to Native Hawaiians to take the steps necessary to form a government and apply for recognition.

U.S. Sen. Brian Schatz said that it’s best to leave the issue in front of the Interior Department.

“While I thank the commission for its work and for recognizing the special legal and trust relationship between the Native Hawaiian community and the federal government, it is not necessary for Congress to act to re-establish a government-to-government relationship,” said Schatz by email. “The Department of the Interior has already set up a process for this, and it is up to the Native Hawaiian community to determine the reorganization of their own government.”

U.S. Sen. Mazie Hirono and Ed Case, who will be sworn into the U.S. House of Representatives in January, stressed their long-running support for Native Hawaiian self-governance but also said that the path to self-determination needs be determined by the Native Hawaiian community. Case said he supported completion of the process laid out by the Interior Department but would turn to the Hawaiian community for guidance on whether it made sense to introduce a bill in Congress.

Changing course

The reversal by the U.S. Commission on Civil Rights came in the form of a 300-page report issued Thursday titled “Broken Promises: Continuing Federal Funding Shortfall for Native Americans.” The report in large part looked at federal spending and found that programs supporting the social and economic well-being of Native Americans are chronically underfunded and inefficiently structured. But the commission also took up issues related to sovereignty, as part of a bipartisan congressional request.

The commission had previously opposed the establishment of a government-to-government relationship between the U.S. and Native Hawaiians, similar to those established with American Indian tribes, and in 2006 opposed the Native Hawaiian Reorganization Act, also known as the Akaka Bill.

The report released Thursday was approved by six of the eight members on the commission, reversing that position.

“Congress should 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,” the report stated.

Two members of the eight-member commission said in a column published Thursday by the Honolulu Star-Advertiser that the commission had erred in its previous opposition to Native Hawaiian federal recognition, which had hampered efforts to pass the Akaka Bill.

“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,” Commissioners Karen Narasaki and Michael Yaki wrote, speaking in their individual capacities.

Narasaki and Yaki said the U.S. should continue to support the ongoing process in front of the Interior Department, but also said that Congress should act. “It is time for Congress to correct a historic injustice committed against Native Hawaiian people,” the commissioners wrote.

Commission Chairwoman Catherine Lhamon told the Star-Advertiser on Thursday that she was sorry that the commission in the past “had made the wrong call.” “But it’s never the wrong time to do what is right,” she said.