Aloha Kakou, To be Kanaka Maoli or Native Hawaiian? That is the question. Please be informed that the following terms are provided to clarify conflicting opinions, questions, statements arising out of hearings with representatives of the Department of Interior, who are currently traveling throughout the islands to assess the possibility of establishing a government to government relationship with the Native Hawaiian community. During these hearings, there appears to be some conflict or confusion regarding the use of the terms Kanaka Maoli, and Native Hawaiian. Consider the following; The term Kanaka Maoli - is defined / derived by statute as follows; Note - the FIRST definition of a Kanaka Maoli by KINGDOM statute is a native. The term Kanaka Maoli is not defined / derived by statute of the laws of the Provisional Government. The term Kanaka Maoli is not defined / derived by statute of the laws of the Republic of Hawaii. The term Kanaka Maoli is not defined / derived by statute of the laws of the State of Hawaii. 1846 Statute of His Majesty Kamehameha III - King of the Hawaiian Islands O na kanaka a pau i hanau malalo o ka malu o keia Aupuni, ina na na Makua o ke Aupuni e, a ina na na haole hoohiki i kanaka Hawaii, a ina na na kanaka maoli, a me ka poe I hanau ma ka aina e, ina no keia Aupuni na makua, a mahope hele mai na keiki e noho maanei, e manaoia kela poe a pau, he aie I ka hoolohe i ka Mo’i, ke alii ka lakou ma ka hanau ana, a e kau no ke Kanawai o keia Aupuni maluna o lakou. O na kanaka a pau I hanau ma na aina e, ina no ka aina e na Makua, a hoohiki ole ho’e e like me ka olelo iloko o keia Haawina, alaila, e manaoia lakou he lahui e, a e hanaia ku lakaou e na lii o keia Aupuni pela, e like nae me ka olelo o ke Kanawai (All persons born within the jurisdiction of the Kingdom, whether of alien foreigners, of naturalized or of native parents, and all persons born abroad of a parent native of this kingdom, and afterwards coming to reside in this, are deemed to owe native allegiance to His Majesty. All such persons are amenable to the laws of the kingdom as native subjects. All persons born abroad of foreign parents, shall, unless duly naturalized, be deemed aliens, and treated as such, pursuant to the laws.) The term Native Hawaiian - is defined / derived by federal statute as follows; Note - the FIRST definition of a Native Hawaiian by FEDERAL statute is a citizen of the United States. The term Native Hawaiian is not defined / derived by the laws of the Kingdom of Hawaii. The term Native Hawaiian is not defined / derived by the laws of the Republic of Hawaii. The term Native Hawaiian is not defined / derived by the laws of the State of Hawaii. Native Hawaiian Education Act - 20 U.S.C § 7517 (c) Native Hawaiian defined For purposes of this section, the term Native Hawaiian means any individual who is - (1) a citizen of the United States, (2) a resident of the State of Hawaii, and (3) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii Native Hawaiian Health Care Act - 42 U.S.C. § 11711 The term Native Hawaiian means any individual who is - (A) a citizen of the United States, and (B) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii,
Posted on: Sat, 05 Jul 2014 21:10:56 +0000
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