Office of Hawaiian Affairs

Last updated
Office of Hawaiian Affairs
Officeofhawaiianaffairslogo.JPG
Agency overview
Formed1978 (1978)
Headquarters560 N. Nimitz Hwy
Honolulu, Hawaii
Agency executives
Website oha.org

The Office of Hawaiian Affairs (OHA) is a self-governing corporate body of the State of Hawaii created by the 1978 Hawaii State Constitutional Convention. [2] [3]

Contents

OHA's mandate is to advance the education, health, housing and economics (Kānaka Maoli) Native Hawaiians. It relies on ʻohana, moʻomeheu and ʻāina to effect change. OHA conducts research and advocacy to shape public policies. OHA works with communities to share information and build public support for Hawaiian issues. [4]

OHA was given control over certain public lands, and acquired other land-holdings for the provision of housing, supporting agriculture, and supporting cultural institutions. [5] The lands initially given to OHA were originally crown lands of the Kingdom of Hawaiʻi, which had gone through various forms of public ownership since the overthrow of the Hawaiian Kingdom.

OHA is a semi-autonomous government body administered by a nine-member board of trustees, elected by the people of the State of Hawaiʻi through popular suffrage.

Background

In 1893, pro-American elements in Hawaii overthrew the monarchy and formed the Republic of Hawaii, which the U.S. annexed in 1898. [6] In 1921, in order to make amends for injustices associated with the overthrow and annexation, the US created the Hawaiian Homes Commissions Act which set aside 200,000 acres of land for the use of homelands for Native Hawaiians of 50% blood quantum or more. [7] [8] It was meant to create some compensation for forced colonization of the indigenous peoples, but in 1959 Hawaii was officially adopted as the fiftieth state of the US, with the Statehood Admissions Act defining "Native Hawaiian" as any person descended from the aboriginal people of Hawaii, living there prior to 1778. [8] The Ceded lands (lands once owned by the Hawaiian kingdom monarchy) were transferred from the federal government to the State of Hawaii for the "betterment of the conditions of the native Hawaiians". [8] In 1978 the Office of Hawaiian Affairs (OHA) was created in response to the growing Hawaiian sovereignty movement of the 1970s [9] to manage that portion of the ceded lands allotted to Hawaiian Homelands, advance the lifestyle of Native Hawaiians, preserve Hawaiian culture and protect Native Hawaiian rights. It was established during the 1978 state constitutional convention [10] Government funding has created programs, schools, scholarships and teaching curriculums through OHA. [8] Many of these organizations, agencies and trusts like OHA, have had a good deal of legal issues over the years. In the US Supreme court case Rice v. Cayetano , OHA was accused of violating the fourteenth and fifteenth amendments to the United States constitution with voting provisions that were race-based. The court found for the plaintiff that OHA had violated the fifteenth amendment. OHA has also been questioned for programs and services to Hawaiians of less than the fifty percent, required blood quantum (The minimum requirement to qualify for Hawaiian Homelands). [8]

Board of trustees

The Office of Hawaiian Affairs is governed by an elected board of nine trustees. [11] The constitution provides an outline of that board, "There shall be a board of trustees for the Office of Hawaiian Affairs elected by qualified voters who are Hawaiians, as provided by law. The board members shall be Hawaiians. There shall be not less than nine members of the board of trustees; provided that each of the following Islands have one representative: Oahu, Kauai, Maui, Molokai and Hawaii. The board shall select a chairperson from its members. [11] The board of trustees provision was amended upon a United States Supreme Court ruling in the case of Rice v. Cayetano that non-Hawaiians could not be excluded from the election process, including the right of non-Hawaiians to run for such an office. [12] Trustees are elected to a four-year term by general election of Hawaii registered voters. [13] The board of trustees generally meets twice a month. [14]

The constitution adds, "The board of trustees of the Office of Hawaiian Affairs shall exercise power as provided by law: to manage and administer the proceeds from the sale or other disposition of the lands, natural resources, minerals and income derived from whatever sources for native Hawaiians and Hawaiians, including all income and proceeds from that pro rata portion of the trust referred to in section 4 of this article for native Hawaiians; to formulate policy relating to affairs of native Hawaiians and Hawaiians; and to exercise control over real and personal property set aside by state, federal or private sources and transferred to the board for native Hawaiians and Hawaiians. The board shall have the power to exercise control over the Office of Hawaiian Affairs through its executive officer, the administrator of the Office of Hawaiian Affairs, who shall be appointed by the board. [11] On January 30, 1989 the board of trustees agreed that salaries should be consistent with other departments of the State of Hawaii. [15]

Current Board of Trustees [16]
TrusteeConstituencyLeadership PositionFirst ElectedCurrent Term Ends
Carmen Hulu Lindsey MauiChair20122024
Mililani Trask Hawaiʻi IslandVice-Chair20222026
Dan Ahuna Kauaʻi & Niʻihau20122024
Kalei Akaka Oʻahu20182026
Keli‘i Akina At-Large20162024
Luana Alapa Molokaʻi & Lānaʻi20202024
Brickwood Galuteria At-Large20222026
Keoni Souza At-Large20222026
John D. Waiheʻe IV At-Large20002024

See also

Related Research Articles

In the United States, a territory is any extent of region under the sovereign jurisdiction of the federal government of the United States, including all waters. The United States asserts sovereign rights for exploring, exploiting, conserving, and managing its territory. This extent of territory is all the area belonging to, and under the dominion of, the United States federal government for administrative and other purposes. The United States total territory includes a subset of political divisions.

<span class="mw-page-title-main">John D. Waiheʻe III</span> Governor of Hawaii from 1986 to 1994

John David Waiheʻe III is an American politician who served as the fourth governor of Hawaii from 1986 to 1994. He was the first American of Native Hawaiian descent to be elected to the office from any state of the United States. After his tenure in the governor's office, Waiheʻe became a nationally prominent attorney and lobbyist.

<span class="mw-page-title-main">Tribal sovereignty in the United States</span> Type of political status of Native Americans

Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.

<span class="mw-page-title-main">Native Hawaiians</span> Indigenous Polynesian people of the Hawaiian Islands

Native Hawaiians are the Indigenous Polynesian people of the Hawaiian Islands.

<span class="mw-page-title-main">Constitution of Hawaii</span>

The Constitution of the State of Hawaii, also known as the Hawaii State Constitution, is the fundamental governing document of the U.S. state of Hawaiʻi. As an organic text, it establishes the principles and framework of government, enumerates the rights and freedoms of Hawaiian citizens, and serves as the supreme law of the state.

<span class="mw-page-title-main">Hawaiian sovereignty movement</span> Grassroots movement to gain self-determination and rule for Hawaiians

The Hawaiian sovereignty movement is a grassroots political and cultural campaign to reestablish an autonomous or independent nation or kingdom of Hawaii out of a desire for sovereignty, self-determination, and self-governance.

S. Haunani Apoliona is a native Hawaiian banker, musician, and activist for the Hawaiian sovereignty movement.

<span class="mw-page-title-main">Mililani Trask</span>

Mililani Trask is a leader of the Hawaiian sovereignty movement, political speaker, and attorney. One of Trask's contributions to the Hawaiian sovereignty movement was her founding of Na Koa Ikaika o Ka Lāhui Hawaiʻi, a native Hawaiian non-governmental organization focusing on cultural, social, and economic development, education, health, housing, land entitlements, energy, and water issues.

<span class="mw-page-title-main">Akaka Bill</span>

The Native Hawaiian Government Reorganization Act of 2009 S1011/HR2314 was a bill before the 111th Congress. It is commonly known as the Akaka Bill after Senator Daniel Akaka of Hawaii, who proposed various forms of this bill after 2000.

Rice v. Cayetano, 528 U.S. 495 (2000), was a case filed in 1996 by Big Island rancher Harold "Freddy" Rice against the state of Hawaii and argued before the United States Supreme Court. In 2000, the Court ruled that the state could not restrict eligibility to vote in elections for the Board of Trustees of the Office of Hawaiian Affairs to persons of Native Hawaiian descent.

The Great Māhele or just the Māhele was the Hawaiian land redistribution proposed by King Kamehameha III. The Māhele was one of the most important episodes of Hawaiian history, second only to the overthrow of the Hawaiian Kingdom. While intended to provide secure title to indigenous Hawaiians, it separated many of them from their land.

<i>Arakaki v. State of Hawaii</i>

Arakaki v. State of Hawai'i, 314 F.3d 1091, was a lawsuit challenging the requirement that candidates for election to the Office of Hawaiian Affairs board of trustees be Native Hawaiians.

<span class="mw-page-title-main">Overthrow of the Hawaiian Kingdom</span> 1893 government overthrow

The overthrow of the Hawaiian Kingdom was a coup d'état against Queen Liliʻuokalani that took place on January 17, 1893, on the island of Oʻahu, and was led by the Committee of Safety, composed of seven foreign residents and six Hawaiian Kingdom subjects of American descent in Honolulu. The Committee prevailed upon American minister John L. Stevens to call in the U.S. Marines to protect the national interest of the United States of America. The insurgents established the Republic of Hawaii, but their ultimate goal was the annexation of the islands to the United States, which occurred in 1898.

In 1898, the United States Congress annexed Hawaiʻi based on a Joint Resolution of Annexation. Questions about the legitimacy of the U.S. acquiring Hawaii through a joint resolution, rather than a treaty, were actively debated in Congress in 1898, and is the subject of ongoing debate. Upon annexation, the Republic of Hawai‘i transferred approximately 1.8 million acres of Hawaiian Government and Crown Lands to the United States (U.S.), which are today held by the State of Hawaiʻi. In the 1993 Apology Resolution, the U.S. government officially apologized to the Native Hawaiian people, acknowledging that the Republic of Hawaiʻi transferred these lands "without the consent of or any compensation to the Native Hawaiian people of Hawaiʻi or their sovereign government" and that "the indigenous Hawaiian people never directly relinquished their claims. .. over their national lands to the United States." Although the lands are commonly referred to as "ceded lands" or "public lands," some refer to them as "seized lands" or "Hawaiian national lands" or "crown lands" to highlight the illegal nature of the land transfer, acknowledge different interpretations of the legal effect of the Joint Resolution, and to recognize that Native Hawaiians maintain claims to these lands. Many Native Hawaiian individuals and organizations insist on the return of title, which would be consistent with international law and recognition of the rights of Indigenous peoples, whereas others seek back rent for the use of the land.

<span class="mw-page-title-main">Hawaiian Kingdom</span> Sovereign state on the Hawaiian Islands from 1795 to 1893

The Hawaiian Kingdom, also known as the Kingdom of Hawaiʻi, was a sovereign state located in the Hawaiian Islands which existed from 1795 to 1893. It was established during the late 18th century when Kamehameha I, then Aliʻi nui of Hawaii, conquered the islands of Oʻahu, Maui, Molokaʻi, and Lānaʻi, and unified them under one government. In 1810, the Hawaiian Islands were fully unified when the islands of Kauaʻi and Niʻihau voluntarily joined the Hawaiian Kingdom. Two major dynastic families ruled the kingdom, the House of Kamehameha and the House of Kalākaua.

<span class="mw-page-title-main">Opposition to the overthrow of the Hawaiian Kingdom</span>

Opposition to the overthrow of the Hawaiian Kingdom took several forms. Following the overthrow of the monarchy on January 17, 1893, Hawaii's provisional government—under the leadership of Sanford B. Dole—attempted to annex the land to the United States under Republican Benjamin Harrison's administration. But the treaty of annexation came up for approval under the administration of Grover Cleveland, a Democrat, anti-expansionist, and friend of the deposed Queen Liliuokalani of Hawaii. Cleveland retracted the treaty on March 4, 1893, and launched an investigation headed by James Henderson Blount; its report is known as the Blount Report.

Hawaii v. Office of Hawaiian Affairs, 556 U.S. 163 (2009), was a United States Supreme Court case about the former crown lands of the Hawaiian monarchy, and whether the state's right to sell them was restricted by the 1993 Apology Resolution. The Court, in an opinion by Justice Samuel Alito, ruled unanimously that the state had the power to sell the lands free of encumbrances.

<span class="mw-page-title-main">United States federal recognition of Native Hawaiians</span>

Native Hawaiians are the Indigenous peoples of the Hawaiian Islands. Since the involvement of the United States in the overthrow of the Kingdom of Hawaii, federal statutes have been enacted to address conditions of Native Hawaiians, with some feeling these should be formalized in the same manner of sovereignty as other Indigenous populations in the United States and Alaska Natives. However, some controversy surrounds the proposal for formal recognition – many Native Hawaiian political organizations believe recognition might interfere with Hawaiian claims to independence as a constitutional monarchy through international law.

<span class="mw-page-title-main">Emma Nāwahī</span> Native Hawaiian political activist

Emma ʻAʻima Aʻii Nāwahī was a Native Hawaiian political activist, community leader and newspaper publisher. She and her husband Joseph Nāwahī were leaders in the opposition to the overthrow of the Kingdom of Hawaiʻi and they co-founded Ke Aloha Aina, a Hawaiian language newspaper, which served as an important voice in the resistance to the annexation of Hawaiʻi to the United States. After annexation, she helped establish the Democratic Party of Hawaiʻi and became a supporter of the women's suffrage movement.

Linda Dela Cruz was a Native Hawaiian singer known as "Hawaii's Canary" and acclaimed for the Hawaiian "ha'i" (falsetto) style of singing. She was honored as an inductee of the Hawaiian Music Hall of Fame twice, once in 2006 as an individual and again in 2015 as part of the Halekulani Girls. After retiring from her musical career, Dela Cruz worked as an activist for Hawaiian rights and served on the board of trustees of the Office of Hawaiian Affairs.

References

  1. Hiraishi, Ku'uwehi (2 November 2023). "Who is Stacy Ferreira? Meet the new CEO at the Office of Hawaiian Affairs". Hawaii Public Radio. Retrieved 24 November 2023.
  2. Leanne Hinton; Kenneth Hale (8 October 2001). The Green Book of Language Revitalization in Practice. BRILL. p. 143. ISBN   978-90-04-26172-3.
  3. No. 07-1372 State of Hawaii v. OHA Brief of the Sovereign Councils of the Hawaiian Homelands Assembly, Na'a'ahuhiwa, the Native Hawaiian Bar Association Hui Kako'o 'Aina Ho'o Pula'pulai, and 'ahahui o Hawaii as AMICI CURIAE in support of respondents (Report). University of Hawaiʻi School of Law Library. Footnote 4. The Hawaii Supreme Court has described OHA as a 'self-governing corporate body'…
  4. "What We Do". The Office of Hawaiian Affairs (OHA). Retrieved 2024-02-04.
  5. Boyd, Manu (July 3, 2006). "OHA gains Waimea Valley title". Honolulu, HI, USA: Office of Hawaiian Affairs. Archived from the original on September 27, 2006. Retrieved May 19, 2012.
  6. "The Spanish–American War, 1898". Office of the Historian. U.S. Department of State. Retrieved December 24, 2014.
  7. Anthony J. Marsella; Jeanette L. Johnson; Patricia Watson (26 November 2007). Ethnocultural Perspectives on Disaster and Trauma: Foundations, Issues, and Applications. Springer Science & Business Media. p. 274. ISBN   978-0-387-73285-5.
  8. 1 2 3 4 5 Joseph G. Ponterotto; J. Manuel Casas; Lisa A. Suzuki (24 August 2009). Handbook of Multicultural Counseling. SAGE Publications. pp. 269–271. ISBN   978-1-4833-1713-7.
  9. Unrepresented Nations and Peoples Organization (10 July 1997). Unrepresented Nations and Peoples Organization: yearbook. Martinus Nijhoff Publishers. p. 276. ISBN   90-411-0439-9.
  10. Antonio T. Tiongson; Edgardo V. Gutierrez; Ricardo V. Gutierrez (2006). Positively No Filipinos Allowed: Building Communities and Discourse. Temple University Press. p. 136. ISBN   978-1-59213-123-5.
  11. 1 2 3 Anne Feder Lee (1993). The Hawaii State Constitution: A Reference Guide. Greenwood Publishing Group. p. 177. ISBN   978-0-313-27950-8.
  12. Amy E. Den Ouden; Jean M. O'Brien (3 June 2013). Recognition, Sovereignty Struggles, and Indigenous Rights in the United States: A Sourcebook. UNC Press Books. p. 317. ISBN   978-1-4696-0217-2.
  13. United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on National Parks and Insular Affairs (1980). To Establish the Native Hawaiians Study Commission: Hearing Before the Subcommittee on National Parks and Insular Affairs of the Committee on Interior and Insular Affairs, House of Representatives, Ninety-sixth Congress, First Session, on H.R. 5791 ... in Honolulu, Hawaii, December 22, 1979. U.S. Government Printing Office. p. 171.
  14. "Board of Trustees (BOT) Meetings". Office of Hawaiian Affairs. Office of Hawaiian Affairs. January 2017. Retrieved 8 January 2017. OHA's Board of Trustees (BOT) meets regularly, usually twice a month on Thursdays
  15. Administration of Native Hawaiian Home Lands: August 11, 1989, Hilo Hawaii. U.S. Government Printing Office. 1990. p. 270.
  16. "Board of Trustees". The Office of Hawaiian Affairs (OHA). Retrieved 2024-04-07.