Ka Wai Ola - Office of Hawaiian Affairs, Volume 34, Number 3, 1 March 2017 — UN declaration asserts Indigenous rights [ARTICLE+ILLUSTRATION]

UN declaration asserts Indigenous rights

The world changed a little bit, and for the better, when the United Nations General Assembly voted on the UN Declaration on the Rights of Indigenous Peoples ("UNDRIP") in 2007. More than 140 countries adopted the UNDRIP acknowledging indigenous peoples' rights, including rights to lands and resources, thanks to decades of peoples' hard work and advocacy. In this month's governance eolumn, we discuss relevant international developments, federal policies towards Native Hawaiians, and briefly, review the history and current status of Native Hawaiians within the State of Hawai'i. By generally examining developments at these three levels, we encourage Native Hawaiians to consider how developments at these three levels line up with eaeh other. lnternational Developments The UNDRIP explains that indigenous groups have a right to decide for themselves what their political status will be and how to advance their eeonomie, social and cultural development. It also recognizes indigenous groups' rights to govern themselves on internal and loeal matters, and determine how to fund their self-governing functions. The UNDRIP created internationally recognized "minimum standards for the survival, dignity and well-being of the indigenous people of the world." The UNDRIP is an important tool for protecting indigenous peoples' interests and resources. In 2010, President Ohama endorsed the UNDRIP and specifically mentioned Native Hawaiians several times throughout his announcement. One commenta-

tor explained that when the U.S. expressed its support for the UNDRIP, "it joined the world eommunity in welcoming a new era of human rights." More recently, world leaders have been considering whether and how to enhanee indigenous groups' participation at the U.N. During a consultation session in June 2016, U.S. State Department representatives stated that the U.S. supports enhancing indigenous groups' participation at UN meetings on issues impacting their communities. Federal The federal government recognizes Native Hawaiians as an indigenous people. This recognition, however, is not the same as a political relationship with a Native Hawaiian government. In 2016, the Ohama Administration created a process for reestablishing a political relationship with a Native Hawaiian government if one ever chooses to pursue a relationship with the U.S. But, having a process to reestablish a political relationship did not create such a relationship. It merely created a doorway for a potential relationship. The government-to-government relationship between indigenous groups andthe U.S. has helped keep state governments out of indigenous matters. State Native Hawaiians played an active role in the earliest days of the territorial government following the overthrow. Scholars have shown that after "annexation" Hawaiian leaders wanted statehood because they would have more political power as a state than as a territory. The 1978 Constitutional Convention created a semi-autonomous agency to improve Native Hawaiians' conditions, required the state Legislature to provide sufficient funding to the Department of Hawaiian Home Lands, and reaffirmed protection of traditional and customary rights. In 1993, the State of Hawai'i expressed its intent to transfer management and control of

Kaho'olawe Island's resources to a Native Hawaiian government. As recently as 2011, the State of Hawai'i officially recognized Native Hawaiians as the indigenous aboriginal people of Hawai'i. It is

important to know that few states, if any at all, are willing to make this type of recognition. The international community, as well as the federal and state governments, supports the right of

OHA's Governance Program examines different governance modeīs, issues, etc., and shares information with our beneficiari.es through monthly KWO columns.

indigenous groups to be self-govern-ing and to make their own decisions. Native Hawaiians are included in this group but have not yet fully-utilized the opportunity during a time when support at the international, federal, and state levels are aligned. The UNDRIP says Indigenous peoples have the right to make decisions regarding our own internal affairs. In Hawai'i, this means Native Hawaiians ean reorganize and choose their own leaders (to manage their assets and resources) without interference from others (including the State of Hawai'i.) Let us consider what it means to have the international community and the federal and state governments in general agreement about indigenous populations and their rights to self-determination and self-governance. ■

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By Derek Kauanoe

More Ihan 1 40 countries have adopted the United Nations Declaration on the Rights of lndigenous Peoples. - Photo: Thinkstock