Letter supporting the Native Hawaiian Government Reorganization Act of 2005 (2005/08/17)

August 17, 2005

Dear Chairman Chabot and Ranking Member Nadler:

I am writing on behalf of the National Congress of American Indians, the nation's largest and oldest organization of tribal governments, to express our strong support for H.R. 309, the Native Hawaiian Government Reorganization Act of 2005, and to express our concern about some of the inaccurate criticisms of the bill that surfaced at the recent hearing in the House Judiciary Committee Subcommittee on the Constitution.

H.R. 309 would reaffirm the Native Hawaiian right to a limited form of self-governance. Some critics have misstated the effect of H.R. 309. The unique legal and political relationship that indigenous Hawaiians have with the United States is not race based but is based on their status as aboriginal people with pre-existing governments with whom the U.S. entered treaties and other agreements. It is this historical, political reality that provides the foundation for the unique relationship that has always existed--and continues to exist today--between the United States and its indigenous peoples.

The argument that recognition of a Native Hawaiian governing entity would establish a race-based government is antithetical to the very foundation of the United States government's relationship with its indigenous peoples. This argument was expressly repudiated by the Supreme Court in Morton v. Mancari and is worth quoting here:

H.R. 309 would establish a level of parity for Native Hawaiians with the other indigenous peoples of America. To invoke the equal protection or due process clauses of the Constitution in this context is a distortion of what those clauses were intended to do. Those submitting this argument are using the very cornerstones of justice and fairness in our democracy to deny equal treatment to one group of indigenous people.

The 9th Circuit recently decided a case that underscores the importance of federal recognition for Native Hawaiians. The Kamehameha School is a private institution endowed in 1887 by the descendants of the Native Hawaiian monarchy. It accepts no federal money and provides education to Native Hawaiian students. The 9th Circuit ruled that the school can no longer provide education to Native Hawaiians, but must admit students of all races. Without federal recognition, the courts
are steadily stripping away all remaining rights of Native Hawaiians. This is the kind of self-determination we are talking about. It is not threatening, and it is as American as the right to determine how your children are educated.

The purpose of self-determination is not simply for its own sake. The purpose is to enable a unique group of indigenous people to maintain their culture, language and identity. This is a purpose that all of America can support. Our country will be much the poorer if our indigenous cultures are forcibly homogenized. And the impact will not only be felt culturally, self-determination also makes good economic sense. The Hawaiian economy depends on tourism, and many tourists are drawn to Hawaii by the Native Hawaiian culture. Native Hawaiians need the ability to maintain their own institutions, their own schools, their own lands, if they are to maintain the culture that supports the Hawaiian economy. It is no surprise that the Native Hawaiian bill has broad support in Hawaii from the Governor to all of its Congressional delegation.

NCAI represents over 250 tribal governments, and over the past five years the member tribes of NCAI have approved four resolutions that support the self-governance rights of Native Hawaiians and call on the federal government to establish a true government-to-government relationship with the Native Hawaiian governing entity. NCAI has, and will continue to support, whatever path the Native Hawaiian people choose to assure their self-determination. H.R. 309 will rectify a long-
standing injustice and set Native Hawaiians on the path toward self-determination and self- governance, as is their inherent right. We strongly urge you to allow this process to begin by supporting H.R. 309. Please feel free to contact me or NCAI staff member Virginia Davis, at 202-466-7767, if you have any additional questions.

Sincerely,

National Congress of American Indians (NCAI)
1516 P Street NW, Washington, DC 20005
Phone: (202) 466-7767, Fax: (202) 466-7797
Email: ncai@ncai.org

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