Ka Wai Ola - Office of Hawaiian Affairs, Volume 17, Number 9, 1 September 2000 — Reconciliation recommendations released [ARTICLE]

Reconciliation recommendations released

Editor's note: Presented here arefive recommendations made in a draft report by the Departments ofJustice and the Interior resulting from public hearings that were held in the islands last December. This text is taken from the Aug. 23 press release by Karen Sprecher Keating of the Department ofthe Interior. Recommendation 1. It is evident from the documentation, statements and views received during the reconciliation process undertaken by Interior and Justice pursuant to Public Law 103-150 (1993), that the Native Hawaiian people continue to maintain a distinct community

and certain governmental structures and they desire to increase their control over their own affairs and institutions. As a matter of justice and equity, this report recommends that the Native Hawaiian people should have self-determina-tion over their own affairs within the framework of Federal law, as do Native American tribes. For generations, the United States has recognized the rights and promoted the welfare of Native Hawaiians as an indigenous people within our nation through legislation, administrative action and policy statements. To safeguard and enhanee Native Hawaiian self-determination over their lands, cultural resources and

intemal affairs, the Departments believe Congress should enact further legislation to clarify Native Hawaiians poliīieal status and to create a framework for recognizing a govern-ment-to-government relationship with a representative Native Hawaiian governing body. The determination of precisely how and whether a Native Hawaiian governing body should be recognized is a task that Congress should undertake in consultation with the Native Hawaiian people. Interior and Justice are ready to provide any appropriate assistance to Congress on these issues and will continue to See RECOMMENDATIONS on page 17

work with the Native Hawaiian people to promote reconcihation and respect for Native Hawaiian rights in accord with Pubhc Law 103-150. Recommendation 2. This report recommends the estabhshment of an office in Interior to address Native Hawaiian issues, within the office of the assistant secretary for Indian affairs, fohowing approval by the OfBce of Management and Budget with appropriate congressional representation. Recommendation 3. This report recommends that the Department of Justice assign the Office of Tribal Justice on an ongoing basis to maintain a dialogue with the Native Hawaiian people on issues of mutual eoneem and to continue to work cooperatively with Interior on these issues. Recommendation 4. This report recommends the creation of a Native Hawaiian Advisory Commission to consult with all bureaus within Interior that manage land in Hawai'i regarding land management, resources and cultural issues affechng Native Hawaiians.

Recommendation 5. The past history of Untied States-Native Hawaiian relations reveals many instances in whieh the United States actions were less than honorable. Native Hawaiians eonhnue to suffer the effect of these actions, for whieh our nation continues to have moral responsibility. For justice to be served, this report recommends that the past wrongs suffered by the Native Hawaiian people should be addressed. Case-by-case htigation would not be the most productive avenue for reconcihation. Instead, the departments beheve that a more productive approach to reconciliation would be through more general efforts to promote the welfare of the Native Hawaiian people, respect their rights and address the wrongs that their community has suffered. While the departments are not able a this time to rec- * ommend a precise outline for these efforts, we believe that the Executive Branch, Congress and the Sate of Hawai'i and the Native Hawaiian People must develop an appropriate process to ensure true reconciliation. ■

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