Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Energy, Environment, and International Affairs, to which was referred S.C.R. No. 176 entitled:

begs leave to report as follows:

The purpose of this measure is to urge the Legislature to adopt the United Nations' Declaration on the Rights of Indigenous Peoples, and to specifically recognize that these rights apply to the Native Hawaiian people.

Native Hawaiian people have populated the Hawaiian archipelago for the last 2000 years. These people, known as "kanaka maoli," developed a unique culture, society, and political structure. Despite western contact and eventual domination of the native culture by outside influences, many in today's world are perpetuating Hawaiian culture, language, and practices.

The United Nations (UN) Subcommission on Prevention of Discrimination and Protection of Minorities adopted a Declaration on the Rights of Indigenous Peoples in 1994. Your Committee finds that the UN Declaration on the Rights of Indigenous Peoples provides basic human rights principles that are universally applicable to all native peoples. Your Committee also finds that the indigenous people of Hawaii, the kanaka maoli, are entitled to all the rights as an indigenous people as recognized under international law, including those enumerated in the UN Declaration on the Rights of Indigenous Peoples. Your Committee also finds that the Legislature has shown, through its actions, a commitment to the preservation and perpetuation of Hawaiian language, culture, and arts. Your Committee believes that support for this measure is in keeping with the Legislature's past commitment to the perpetuation of Hawaiian culture and practices.

As affirmed by the record of votes of the members of your Committee on Energy, Environment, and International Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 176 and recommends its adoption.