[CHAPTER 10H]

NATIVE HAWAIIAN RECOGNITION

 

Section

10H-1 Statement of recognition

10H-2 Purpose

10H-3 Native Hawaiian roll commission

10H-4 Notice of qualified Native Hawaiian roll

10H-5 Native Hawaiian convention

10H-6 Dissolution of the Native Hawaiian roll commission

10H-7 No diminishment of rights or privileges

10H-8 Reaffirmation of delegation of federal authority;

governmental authority and power; negotiations

10H-9 Disclaimer

 

Law Journals and Reviews

 

A New Narrative: Native Hawaiian Law. 39 UH L. Rev. 233 (2016).

 

Case Notes

 

Act 195, Session Laws of Hawaii 2011, did not violate the equal protection clause. Act 195 facilitated self-governance and organization of native Hawaiians and established a commission to prepare and maintain a "roll" of qualified native Hawaiians. Even if section 10H-5 contemplated or encouraged a convention, it simply called for a chance for certain native Hawaiians to independently organize themselves without involvement from the State. 141 F. Supp. 3d 1106 (2015).

Act 195, Session Laws of Hawaii 2011, met strict scrutiny for purposes of equal protection. The State had a compelling interest in bettering the conditions of its indigenous people and, in doing so, provided dignity in allowing a starting point for a process of self-determination, and Act 195's restriction to native Hawaiians was precisely tailored to meet that compelling interest. 141 F. Supp. 3d 1106 (2015).

Neither nonprofit corporation's proposed election of native Hawaiian delegates to a convention of native Hawaiians to discuss, and possibly organize, a native Hawaiian governing entity nor Act 195, Session Laws of Hawaii 2011, violated plaintiff's equal protection or due process rights under this amendment. Under 42 U.S.C. 1983, plaintiffs must demonstrate that the deprivation of a constitutional right occurred under the color of a statute, ordinance, regulation, custom, or usage of any state. 141 F. Supp. 3d 1106 (2015).

While Act 195, Session Laws of Hawaii 2011, contemplated a convention of Hawaii's indigenous peoples to participate in the organization of a native Hawaiian governing entity, it did not mandate any election, nor did it impose, direct, or suggest any particular process. Under section 10H-5, the roll was intended to facilitate an independent process for native Hawaiians to organize themselves. At most, Act 195 facilitated private self-determination, not governmental acts or organization. 141 F. Supp. 3d 1106 (2015).

 

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