STAND

STAND. COM. REP. 659

Honolulu, Hawaii

, 2003

RE: H.C.R. No. 21

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.C.R. No. 21 entitled:

"HOUSE CONCURRENT RESOLUTION ACKNOWLEDGING THE ILLEGAL OVERTHROW OF THE KINGDOM OF HAWAII,"

begs leave to report as follows:

The purpose of this concurrent resolution is to:

(1) Acknowledge the historical significance of the illegal overthrow of the Kingdom of Hawaii, which resulted in the suppression of the inherent sovereignty of the native Hawaiian people;

(2) Recognize and commend efforts of reconciliation initiated by the United States of America and the United Church of Christ with native Hawaiians;

(3) Express the State's apology to native Hawaiians for the overthrow of the Kingdom of Hawaii and the deprivation of the rights of native Hawaiians to self-determination;

(4) Express the Legislature's commitment to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii, in order to provide a proper foundation for reconciliation between the State and native Hawaiians; and

(5) Urge the President of the United States to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii and to promote reconciliation efforts between the United States and the native Hawaiian people.

A concerned individual submitted testimony in supported of this resolution. The Office of Hawaiian Affairs and Association of Hawaiian Civic Clubs submitted testimony in support of this measure with recommended amendments. A concerned individual submitted testimony in opposition to this resolution. A concerned individual submitted comments on this measure.

Your Committee believes that this measure, expressing the Legislature's commitment to seeking reconciliation with the indigenous Hawaiian people, is imperative to continue the healing process between the indigenous Hawaiian people and the United States.

Your Committee has amended this measure by:

(1) Replacing "native Hawaiians" with "indigenous Hawaiians", which more accurately describes the scope of the affected population, rather than the restrictive 50 percent blood quantum requirement of "native Hawaiians";

(2) More accurately describing the Newlands Joint Resolution in the chronology of events after the overthrow of the Kingdom of Hawaii;

(3) Substituting the apology of the State with the Legislature's expression of regret and aloha to the indigenous Hawaiian people for the overthrow and the deprivation of the rights of self-determination, inasmuch as your Committee does not deem the State responsible for those past actions;

(4) Urging the President of the United States to promote reconciliation and to support federal recognition of a Hawaiian government; and

(5) Transmitting a copy of this measure to the Speaker of the House and the Senate President of the United States Congress.

Technical, nonsubstantive amendments were also made for purposes of clarity, style, and conformity.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 21, as amended herein, and recommends that it be referred to the Committee on Judiciary in the form attached hereto as H.C.R. No. 21, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

		____________________________ EZRA R. KANOHO, Chair