Ka Wai Ola - Office of Hawaiian Affairs, Volume 9, Number 1, 1 Ianuali 1992 — Advisory committee says [ARTICLE]

Advisory committee says

Native Hawaiian civil rights violated

by Ann L. Moore The Hawai'i Advisory Committee to the United States Commission on Civil Rights has released "A Broken Trust, The Hawaiian Homelands Program: Seventy Years of Failure of the Federal and State Governments to Protect the Civii Rights of Native Hawaiians." A free copy of the report is available by sending a request to: Commission on Civil Rights, Western Region, 3660 Wilshire Blvd., Suite 810, Los Angeles, Calif., 90010. Be sure to specify a return address.

Advisory committees to the Commission on Civil Rights are in every state. They provide the commission with all relevant information on matters within its jurisdiction and initiate and foreward advice and recommendations.

In "A Broken Trust" the Hawai'i Advisory Committee has addressed the possible violation of the civil rights of Native Hawaiians. That Native Hawaiians have been "effectively denied the right of judicial redress" or the right to sue in federal court under the Hawai'i Admissions Act and the Hawaiian Homes Commission Act. The advisory committee's findings state:

• The United States has failed to exercise its trust obligations and abandoned any interest in protecting the trust thereby violating the civil rights of Native Hawaiians. Congress should enact legislation establishing a clear federal trust as this is fundamental to any meaningful federal corrective action to repair the trust. • The Hawaiians have no poliheal relationship with the U.S. even though Hawai'i was a

sovereign nation recognized by the United States and many other nations. As a result thay have not been able to secure control of lands, enjoy self-governance or eligibility for federal programs for Native Americans. Congress must enact legislation to remedy both situations.

• The U.S. is occupying Native Hawaiian homelands under questionable legal authority and paying negligible compensation, and has refused to exchange lands, provide compensation or return the valuable lands, thereby showing a callous disregard of Native Hawaiians. The "Quiet Title Act" should be amended by Congress and that compensation, exchange or return of the lands be undertaken as part of the

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repair of the trust.

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Broken Trust

• The Native Hawēiiians are denied the nght to sue the federal government and are therefore denied judicial redress for breach of trust, "an egregious abridgement of the equal protection of the laws for Native Hawaiians." Congress should enact legislation granting the right to sue and a significant increase in legal funds should be made available "as increased rights are meaningless without resources."

• Congress should enact legislation establishing a fiduciary responsibility by the United States to accomplish the purpose of the Hawaiian Homes Commission Act - putting Hawaiians back on the land. Technical assistance should also be provided. • Congress should provide funds so that a complete inventory of Home Lands is established, a management system and a continuing update process put in plaee. • A timetable should be established for implementation of the recommendations of the 1979

Federal-State Task Force. The Task Force should be reconvened. The state should provide full funding for the Home Lands program and solicit funds from the federal government. • The ability of larger interests to prevail over the Native Hawaiian trust entitlements, up to now, means the reconvened Task Force must develop recommendations for different ways to administer the program. Additionally, the eommunity, advocacy agencies, beneficiaries and homesteaders must be consu!ted every step of the way, and soon.

• Appointment of an ombudsman on every major Island is necessary to better solve problems and serve the interests of beneficiaries. • A management plan to develop homelands should be established and leasing to non-benefi-ciaries drastically curtailed. Finally, the committee noted the state of Hawai'i "has insufficiently protected the rights of Native Hawaiians" to hunt, fish, farm, gather, and have access to sacred places. To remedy this, the committee recommended the Hawaiian Homes Commission develop and implement protective policies and procedures to protect Native Hawaiian rights and restrict access by others.