Glossary

12.2 Native Hawaiian Rights and Legal Battles

3 min read•july 24, 2024

Native Hawaiian rights are deeply rooted in legal precedents and historical context. Key cases like and PASH v. Hawaii County Planning Commission have shaped the modern framework for these rights, recognizing traditional practices and gathering rights on various land types.

The legal landscape continues to evolve, with ongoing struggles for land rights, sovereignty, and cultural preservation. The acknowledged past wrongs, strengthening claims for self-determination. Today, Native Hawaiians face challenges in protecting sacred places, preserving traditions, and addressing socioeconomic disparities.

Top images from around the web for Key legal cases for Native Hawaiian rights

  • Opposition to the overthrow of the Hawaiian Kingdom - Wikipedia View original

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  • Opposition to the overthrow of the Hawaiian Kingdom - Wikipedia View original

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  • Opposition to the overthrow of the Hawaiian Kingdom - Wikipedia View original

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Top images from around the web for Key legal cases for Native Hawaiian rights

  • Opposition to the overthrow of the Hawaiian Kingdom - Wikipedia View original

    Is this image relevant?

  • Opposition to the overthrow of the Hawaiian Kingdom - Wikipedia View original

    Is this image relevant?

  • Opposition to the overthrow of the Hawaiian Kingdom - Wikipedia View original

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1 of 3

  • Kalipi v. Hawaiian Trust Co. (1982) established modern framework for Native Hawaiian traditional and customary rights recognized gathering rights on undeveloped private lands

  • (1992) expanded gathering rights to government and private lands affirmed rights predating of 1848

  • Public Access Shoreline Hawaii (PASH) v. Hawaii County Planning Commission (1995) recognized Native Hawaiian rights as distinct from public access required state agencies to protect these rights in land use decisions

  • (2008) addressed state's ability to sell ceded lands resulted in moratorium on sales until claims resolved

  • (1998) established three-part test for claiming Native Hawaiian rights required proving ancestry and traditional nature of practices

Native Hawaiian traditional rights

  • Traditional and customary rights encompass practices established before 1892 continue cultural, religious, and subsistence activities (gathering lau hala, fishing)

  • Protected rights include gathering plant materials fishing and ocean resource collection accessing sacred sites for religious practices

  • Legal basis stems from () (Section 1-1 and 7-1)

  • Limitations require exercise on less than fully developed land cannot unreasonably interfere with landowner's use subject to government health and safety regulations

  • awarded during Mahele carry special rights including access and water rights

Modern Implications and Ongoing Struggles

Significance of Apology Resolution

  • Passed on November 23, 1993 signed by President Bill Clinton marked 100th anniversary of Hawaiian Kingdom overthrow

  • Acknowledged illegal overthrow of Hawaiian monarchy suppression of Native Hawaiian self-determination United States' role in overthrow

  • Strengthened sovereignty claims provided basis for federal recognition and self-governance arguments

  • Limitations include no land return or compensation non-binding nature of resolution

  • Controversies arose over legal implications in court cases differing interpretations by stakeholders

Ongoing struggles for Native Hawaiian rights

  • Land rights disputes continue over access to private lands for traditional practices protecting (sacred places) from development

  • proposes various models debates federal vs international recognition

  • Cultural preservation challenges include protecting (ancestral remains) balancing tourism with cultural integrity

  • Environmental concerns focus on protecting resources for traditional practices opposing ecologically threatening projects (Mauna Kea telescope)

  • Legal and political obstacles stem from limited government representation navigating complex legal systems

  • Education efforts strengthen Hawaiian incorporate culture and history in public curriculum

  • Economic disparities addressed through aligned with cultural values tackle socioeconomic challenges in Native Hawaiian communities

Key Terms to Review (16)

1993 apology resolution: The 1993 apology resolution, formally known as Public Law 103-150, is a joint resolution passed by the United States Congress that acknowledges and apologizes for the overthrow of the Kingdom of Hawaii in 1893. This significant resolution expresses regret for the role played by the U.S. in the unlawful overthrow and highlights the need for reconciliation with Native Hawaiians, marking an important milestone in Native Hawaiian rights and legal battles.
Article XII, Section 7: Article XII, Section 7 is a provision in the Hawaii State Constitution that addresses the rights of Native Hawaiians and recognizes their unique cultural, historical, and social significance. This section emphasizes the state’s commitment to protect and promote the rights of Native Hawaiians, highlighting the importance of preserving their traditions, practices, and access to resources that are vital to their identity.
Hawaii Revised Statutes: Hawaii Revised Statutes (HRS) is a comprehensive compilation of the laws and regulations governing the state of Hawaii. This legal framework plays a significant role in protecting Native Hawaiian rights, detailing legal battles and rights that arise from historical injustices and modern governance issues.
Hawaii State Constitution: The Hawaii State Constitution is the fundamental governing document for the state of Hawaii, outlining the structure of government, the rights of citizens, and the principles of law within the state. This constitution plays a crucial role in shaping the legal landscape of Hawaii, especially in relation to Native Hawaiian rights and the ongoing legal battles surrounding them.
Iwi kupuna: Iwi kupuna refers to the ancestral bones or remains of Native Hawaiians, embodying the connection between the living and their ancestors. These remains are not just physical artifacts but are considered sacred and integral to cultural identity, spirituality, and the continuation of lineage. The significance of iwi kupuna is deeply rooted in Hawaiian culture, as they hold immense value in the understanding of heritage, land rights, and identity, especially in legal contexts involving Native Hawaiian rights and land disputes.
Kalipi v. Hawaiian Trust Co.: Kalipi v. Hawaiian Trust Co. is a landmark legal case that addressed Native Hawaiian land rights and the concept of ownership versus trust. The case revolved around the claim of Native Hawaiians to lands that were granted to a trust company, raising critical questions about the historical context of land dispossession and the rights of indigenous peoples in Hawaii.
Kuleana Lands: Kuleana lands refer to the small parcels of land that were granted to Native Hawaiians in the 1850s under the Kuleana Act, which aimed to provide land ownership and rights to those who could prove their ancestral ties and cultivate the land. This act was significant in asserting Native Hawaiian rights to land during a time of colonization and upheaval, allowing families to secure their homes and livelihoods while also influencing ongoing legal battles over land rights in Hawaii.
Language immersion programs: Language immersion programs are educational initiatives designed to teach students a new language by surrounding them with that language in all aspects of learning. These programs often integrate the target language into various subjects, allowing students to acquire language skills through active participation rather than traditional classroom methods. In the context of Native Hawaiian rights and legal battles, these programs have become vital in revitalizing the Hawaiian language and culture, especially in response to historical efforts that suppressed indigenous languages.
Mahele: Mahele refers to the land division system established in Hawaii in 1848, which aimed to transfer land ownership from the Hawaiian monarchy to individual citizens. This process significantly altered land ownership patterns and played a crucial role in the cultural and economic landscape of Hawaii. The mahele is key to understanding the ongoing struggles for Native Hawaiian rights and legal battles surrounding land use and ownership.
Office of Hawaiian Affairs v. State of Hawaii: Office of Hawaiian Affairs v. State of Hawaii is a significant legal case that centered around the rights and entitlements of Native Hawaiians in relation to the management of public land and resources in Hawaii. The case highlighted the ongoing struggles of Native Hawaiians to assert their rights over lands taken during the annexation and statehood periods, as well as the broader context of Native Hawaiian rights and legal battles against the state government.
Pele Defense Fund v. Paty: Pele Defense Fund v. Paty is a landmark legal case that addresses the rights of Native Hawaiians in relation to land use and cultural preservation, particularly regarding the protection of sacred sites. This case highlighted the tensions between development interests and the preservation of cultural heritage, bringing significant attention to the legal rights of Native Hawaiians as it relates to their ancestral lands and spiritual beliefs.
Public Access Shoreline Hawaii v. Hawaii County Planning Commission: Public Access Shoreline Hawaii v. Hawaii County Planning Commission is a landmark legal case that addressed the rights of Native Hawaiians concerning access to public shorelines in Hawaii. The case highlighted the tensions between development interests and the rights of Native Hawaiians to access traditional lands and waters, emphasizing the importance of maintaining public access to coastlines as part of preserving cultural practices and heritage.
Sovereignty movement: The sovereignty movement refers to the efforts and activism of Native Hawaiians aimed at reclaiming political and cultural self-determination, seeking recognition of their inherent rights and sovereignty as a people. This movement has its roots in historical injustices, including the overthrow of the Hawaiian monarchy and ongoing struggles for land rights, self-governance, and reparations for past wrongs.
State v. Hanapi: State v. Hanapi is a landmark case in Hawaiian legal history that addresses the rights of Native Hawaiians, specifically relating to the practice of traditional fishing methods and access to marine resources. The case highlights the ongoing legal battles faced by Native Hawaiians in asserting their cultural rights and responsibilities, and serves as a significant example of how indigenous rights intersect with state laws and regulations.
Sustainable models: Sustainable models refer to frameworks or systems that balance environmental, social, and economic needs to promote long-term viability and health of communities and ecosystems. These models often emphasize practices that preserve resources, respect cultural values, and enhance the quality of life for current and future generations. In the context of Native Hawaiian rights and legal battles, sustainable models are critical as they seek to protect and revitalize traditional practices while ensuring that development aligns with the community's values and environmental stewardship.
Wahi pana: Wahi pana refers to significant places in Hawaiian culture that hold historical, spiritual, and cultural importance. These locations are often linked to the ancestors and stories of the Hawaiian people, embodying the collective memory and identity of the community. The recognition and protection of wahi pana are crucial in the context of native Hawaiian rights and legal battles, as they represent the connection between the land, its people, and their cultural heritage.
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