A/HRC/21/47/Add.1
J.
Hawaii
64.
Also uniquely vulnerable are the indigenous people of Hawaii, having experienced a
particular history of colonial onslaught and resulting economic, social and cultural
upheaval. They benefit from some federal programmes available to Native Americans, but
they have no recognized powers of self-government under federal law. And they have little
by way of effective landholdings, their lands largely having passed to non-indigenous
ownership and control with the aggressive patterns of colonization initiated with the arrival
of the British explorer James Cook in 1778. Indigenous Hawaiians have diffuse interests in
lands “ceded’ to the United States and then passed to the state of Hawaii, under a trust that
is specified in the 1959 Statehood Admission Act and now managed by the Office of
Hawaiian Affairs.
65.
Remarkably, the United States Congress in 1993 issued an apology “to Native
Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of
Hawaii on January 17, 1893 with the participation of agents and citizens of the United
States.”15 The apology recognized that the overthrow resulted in the suppression of the
“inherent sovereignty of the Native Hawaiian people” and called for “reconciliation”
efforts.
66.
The call for reconciliation, however, remains unfilled, while a growing movement of
indigenous Hawaiians challenges the legitimacy and legality of the annexation of Hawaii
following the overthrow, as well as the process by which Hawaii moved from its
designation as a non-self-governing territory under United Nations supervision, to being
incorporated into the United States as one of its federal states in 1959. In the meantime,
indigenous Hawaiians see their sacred places under the domination of others, and they
continue to fare worse than any other demographic group in Hawaii in terms of education,
health, crime, and employment.
IV. More needs to be done
A.
Welcomed, but still not sufficient, government initiatives
67.
The Special Rapporteur acknowledges the high level of attention to indigenous
peoples’ concerns that is represented by numerous acts of Congress and federal executive
programmes (see paras. 25-29 above and appendix I). Such attention represents some
acknowledgment of the historical debt acquired toward the country’s first peoples, and
partially fulfils historical treaty commitments.
68.
It is evident that the federal executive has taken steps in recent years to strengthen
these programmes, in addition to its new initiatives to develop consultation policies and
open spaces of dialogue with tribes; to strengthen support for the recovery of indigenous
languages; to settle outstanding claims for mismanagement indigenous assets held in trust
by the Government; to increase funding for federal programmes; to address the problem of
violence against indigenous women; to clean up environmental pollution caused by natural
resource extraction; to assist tribes with acquiring land to restore their land bases; and to
enhance tribal capacity and cooperative arrangements in the area of law and order, among
others.
15
16
Public Law 103-150, 103d Congress Joint Resolution 19 (1993).