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The Hawai‘i Official Languages Act: from the Language Nest into a bilingual

marketplace

1. Introduction

• 2009 CNHA held workshop for 2,000 + graduates of Hawaiian Immersion Schools
• 40th Anniversary of Canada’s Official Languages Act, Ireland’s 2003 OLA

2. Jamaica Osorio / Ittai Wong video: Kaona


Source: http://www.youtube.com/watch?v=NyC9xh9dO08

• Event: 1896 Lili‘uokalani imprisoned, hidden and isolated from Hawaiian public life
• Result: Today after four generations, history and selves lost, time to uncover
• Conclusion: “Without language we have nothing; we must see to it that our language
survives”
• Reflection: As one of the “pillars” of nationalism, language was one of the key
elements of the political philosophy that justified the modern nation state, therefore
Hawaiian language had to be hidden (or obliterated).

3. Hawaiian Caricatures at turn of 20th century provide us a glimpse of the Social Darwinist
political climate of this “gilded” age:

A) 1893 - Judge. v 25, 6331, December 2. New York: We Draw the Line at This.
http://library.kcc.hawaii.edu/~soma/cartoons/draw.html

• Lili‘uokalani, and the culture that produced her must be replaced by American
civilization

B) 1894 - Judge. n.p., New York: His Little Hawaiian Game Checkmated.
http://library.kcc.hawaii.edu/~soma/cartoons/checkmate.html

• Progressive Western Civilization (Social Darwinism) inevitably conquers old


European sentimentalities:

From Darwin and the Road to Hitler (Jacobse, Johannes L.)


http://www.orthodoxytoday.org/articles5/JacobseDarHitlerEssay.php

C) 1897 - Taylor, C.J.; Puck. v42, n 1082, December 1: Another Shotgun Wedding,
with Neither Party Willing.
http://library.kcc.hawaii.edu/~soma/cartoons/wedding.html

• American jingo must conceal Uncle Sam’s “raping” of Hawai‘i (annexation


without bilateral treaty) for sake of proper appearances

D) 1898 - Dalrymple; Puck. New York: School Begins.


http://library.kcc.hawaii.edu/~soma/cartoons/school.html

• New World countries consigned to childish personalities. Notice the Native


American is isolated on his own, the African-American washing windows, and
with the Chinese not even admitted into the classroom!
E) 1900 - Pughe, J.S.; Puck. Hurrah! The Country Is Saved Again.
http://library.kcc.hawaii.edu/~soma/cartoons/saved.html

• White Civilization through U.S. Government is secured in New World

F) 1900 – Dalrymple; Puck. New York: The Ill-Fated Sister.


http://library.kcc.hawaii.edu/~soma/cartoons/illfate.html

• Free-trade enobles the indigenous peoples of the “New World”

G) 1901 - Hamilton, Grant; Judge. v 40, n 1018. The American Policy.


http://library.kcc.hawaii.edu/~soma/cartoons/policy.html

• The right to chastise is established and irresistable

4. Cultural Genocide defined http://encyclopedia.thefreedictionary.com/cultural+genocide


and http://encyclopedia.thefreedictionary.com/Ethnocide

A) Raphael Lemkin (1900 – 1959), linguist & lawyer who is credited with inventing
the term genocide (genos: Greek, race or tribe, and cide: Latin, killing) with the
idea of “intent to render entire, irreplacable cultures extinct” in 1943. He also
offered ethnocide (ethnos: Greek, nation) as an alternate or sub-type of genocide.
Deliberations eventually producing the United Nations’ 1951 Convention on the
Prevention and Punishment of the Crime of Genocide included discussions of
cultural genocide, but the term was left out of the final draft.

In his Axis Rule in Occupied Europe: Analysis, Proposals for Redress (1944) he
describes non-physical psychological acts of genocide which he defined as,
“Generally speaking, genocide does not necessarily mean the immediate
destruction of a nation, except when accomplished by mass killings of all
members of a nation. It is intended rather to signify a coordinated plan of
different actions aiming at the destruction of essential foundations of the life of
national groups, with the aim of annihilating the groups themselves. The
objectives of such a plan would be disintegration of the political and social
institutions, of culture, language, national feelings, religion, and the economic
existence of national groups, and the destruction of the personal security, liberty,
health, dignity, and even the lives of the individuals belonging to such groups.
Genocide is directed against the national group as an entity, and the actions
involved are directed against individuals, not in their individual capacity, but as
members of the national group.” “Genocide has two phases: one, destruction of
the national pattern of the oppressed group; the other, the imposition of the
national pattern of the oppressor. This imposition, in turn, may be made upon the
oppressed population which is allowed to remain or upon the territory alone, after
removal of the population and the colonization by the oppressor’s own
nationals.” He lists among the various techniques of genocide: political, social,
cultural (focusing primarily on language, and the requirement of licenses for
persons engaged in painting, drawing, sculpture, music, literature, architecture,
press, radio, cinema and the theater), economic, biological, physical, religious,
and moral.
In his unfinished autobiography Totally Unofficial Man, written in 1958 shortly
before he died, Lemkin regrets that he could not persuade the relevant UN
committee meeting in Paris after WWII to include an arcticle in the final
convenion on “cultural genocide”: “I defended it successful through two drafts. It
meant the destruction of the cultural pattern of a group, such as the language, the
traditions, the monuments, archives, libraries, churches. In brief: the shrines of
the soul of a nation. But there was not enough support for this idea in the
Committee….So with a heavy heart I decided not to press for it.” He had to drop
an idea that, as he put it, “was very dear to me.”

B) Robert Jaulin (1928 – 1996), ethnologist who redefined the notion of ethnocide
in relation to the extermination by the Western world of the Bari culture, located
between Venezuela and Colombia in his book “White Peace: Introduction to
Ethnocide. “If genocide designs the physical extermination of a people, an
ethnocide refers to the extermination of a culture,” also noting that it is not the
means but the ends that define ethnocide. Whereas genocide assassinated the
people in their body, the ethnocide kills them in their spirit through acculturation.
In his discussion he uses the term totalitarianism to mean an abstract scheme or
machine of non-relation to cultural otherness characterized by the expansion of
“oneself” through an election/exclusion logic: the totalitarian machine operates
by splitting the universe into its own “agents” on the one side, and its “objects”
on the other, whether they be individuals, families, groups, societies or whole
civilizations.

C) U.N. Draft Declaration on the Rights of Indigenous Peoples (1994):


http://www.unhchr.ch/huridocda/huridoca.nsf/0/e4fc6deeafb3b06c802566cf003b
ea67?OpenDocument

Article 7 – 1) Indigenous peoples have the collective and individual right not to
be subjected to ethnocide and cultural genocide, including prevention of and
redress for: (a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities; …(d)
Any form of assimilation or integration by other cultures or ways of life imposed
on the by legislative, administrative or other measures;….

D) U.N. Declaration on the Rights of Indigenous Peoples (2007) leaves cultural


genocide out, however:
http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

Article 7 – 1) Indigenous individuals have the rights to life, physical and mental
integrity, liberty and security of person. 2) Indigenous peoples have the collective
right to live in freedom, peace and security as distinct peoples….

Article 8 - 1) Indigenous peoples and individuals have the right not to be


subjected to forced assimilation or destruction of their culture. 2) States shall
provide effective mechanisms for prevention of, and redress for: (a) Any action
which has the aim or effect of depriving them of their integrity as distinct
peoples, or of their cultural values or ethnic identities; (b) Any action which has
the aim or effect of dispossessing them of their lands, territories or resources; (c)
Any form of forces population transfer which has the aim or effect of violating or
undermining any of their rights; (d) Any form of forced assimilation or
integration; (e) Any form of propaganda designed to promote or incline racial or
ethnic discrimination directed against them.

Article 13 - Indigenous peoples have the right to revitalize, use, develop and
transmit to future generations their …languages, …

Article 14 - 1) Indigenous peoples have the right to establish and control their
educational systems and institutions providing education in their own
languages….

Article 41 - The organs and specialized agencies of the United Nations system
and other intergovernmental organizations shall contribute to the full realization
of the provisions of this Declaration through the mobilization, inter alia, of
financial cooperation and technical assistance. Ways and means of ensuring
participation of indigenous peoples on issues affecting them shall be established.

5. Evidence of Hawaiian Cultural Genocide

A) Dispossession of Ancestral Lands


http://www.ksbe.edu/pase/pdf/Reports/Demography_Well-being/05_06_17.pdf

B) Overthrow of Hawaiian Government in 1893


http://en.wikipedia.org/wiki/Overthrow_of_the_Hawaiian_Kingdom

C) Suppression of Hawaiian Language by Occupying Government in 1896


http://gohawaii.about.com/cs/language/a/olelo_hawaii.htm and
http://www.ahapunanaleo.org/olelohawaii/news/articles/HuliliVol3_Wilson.pdf

D) Hawaiian Diaspora (due to lower wages in Hawai‘i than on the Mainland)


http://muse.jhu.edu/login?uri=/journals/contemporary_pacific/v019/19.1kauanui.
html , http://www.ksbe.edu/pase/pdf/Reports/Demography_Well-
being/01_02_10.pdf , and
http://www.ksbe.edu/pase/pdf/Reports/Demography_Well-being/04_05_21.pdf

E) Desecration of Sacred Sites http://www.oha.org/kwo/2009/07/col-silva.php

F) Redirection of Ahupua‘a Water Sources


http://www.oha.org/kwo/2008/12/story05.php

G) Blood Quantum Practice Imposed on Hawaiians


http://www.amazon.com/Hawaiian-Blood-Colonialism-Sovereignty-
Indigeneity/dp/0822340798

H) Militarization of Traditional Hawaiian Lands


http://www.culturalsurvival.org/ourpublications/csq/article/nation-under-the-gun-
militarism-and-resistance-hawaii

I) Some historic demographic statistics

i. 1896 – Hawaiian Forbidden, Hawaiian Medium System Closed


(while Literacy rate in mother tongue for Hawaiians was 84%
Hawaiian / 31% English and for Part-Hawaiians was 91%
Hawaiian / 76% English)

ii. 2003 – PASE (Policy Analysis and System Evaluation) report by


Kamehameha Schools shows that Hawaiian students have the
lowest test scores, lowest graduation rates, highest rates for
students held back a grade each year, and are over-represented by
more than 50% in special education classes.

• Hawaiian students are more likely than their non-Hawaiian peers


to attend low-quality schools. Fully 79 percent of predominantly
Hawaiian schools are in corrective action, compared to just 17
percent of predominantly non-Hawaiian schools.

• Schools with high concentrations of Hawaiians tend to have


teachers with less experience and tenure. Generally, this
relationship between size of Hawaiian enrollment and teacher
qualifications is statistically significant, even after controlling for
differences in the student body’s economic background, English
proficiency, and special education needs.

• The standardized test scores of Hawaiian students are the lowest


among all major ethnic groups, consistently lagging behind total
DOE averages by at least 9 percentiles. Moreover, the gap between
Hawaiian student scores and total DOE averages increases as
students move through the system.

• Hawaiian students are overrepresented in the special education


system. In School Year 2000-2001, more than 18 percent of
Hawaiian students were classified as requiring special education,
compared to just 11 percent of non-Hawaiian students.

• Absenteeism is more prevalent among Hawaiian students than


non-Hawaiians. Nearly 10 percent of Hawaiian students missed
more than 20 days in a semester during School Year 1999-2000,
compared to just 6 percent of non-Hawaiians.

• Compared to other ethnic groups, Hawaiian students come from


more economically disadvantaged backgrounds, as evidenced by
their higher rates of participation in the subsidized lunch program.
Whereas more than one-half of Hawaiian students receive
subsidized lunches, just one-third of non-Hawaiian students do so.

• The graduation rates of Hawaiian students are among the lowest


in the DOE and grade retention rates among the highest. Between
grades 9 and 12, more than one in five Hawaiian students will be
retained in grade. Hawaiian students are also most likely to be
classified as “missing” from the system.

• Despite guidance programs aimed at decreasing high-risk


behavior, Hawaiian adolescents have the highest rates of juvenile
arrest, and are more likely than their non-Hawaiian counterparts to
use drugs and engage in early sexual activity.

• Schools in areas with high concentrations of Hawaiians are


typically corrective action schools with less experienced teachers.

• Standardized reading and math test scores for Hawaiian students


are the lowest among all major ethnic groups in the DOE.

• Hawaiian children are less likely to graduate from high school


and more likely to be enrolled in special education programs,
retained in grade or “missing”

http://www.ksbe.edu/pase/pdf/Reports/K-12/02_03_13.pdf

6. Measures to Remedy Hawaiian Cultural Genocide (language)

A) Hawaiian Sovereignty Movement


http://en.wikipedia.org/wiki/Hawaiian_sovereignty_movement

B) U.S. Federal Law

i. October 1990 – U.S. Public Law 101-477 (Native American


Languages Act) defines Native Hawaiian as a covered Native
language (Section 103(1),(3)]. As Public Law 101-477 states:
Section 102(6): “there is convincing evidence that student
achievement and performance, community and school pride, and
educational opportunity [are] clearly and directly tied to respect
for, and support of, the first language of the child or student”;
Section 102(7): “it is clearly in the interests of the United States,
individual States, and territories to encourage the full academic and
human potential achievements of all students and citizens and to
take steps to realize these ends”, Section 102(8): “acts of
suppression and extermination directed against Native American
[Hawaiian] languages and cultures are in conflict with the United
States policy of self-determination for Native Americans
[Hawaiian]”; Section 102(9): “languages are the means of
communication for the full range of human experiences and are
critical to the survival of cultural and political integrity of any
people.” Therefore, Public Law 101-477, declares that it is the
policy of the United States to: [Section 104(1): “preserve, protect,
and promote the rights and freedom of Native Americans
[Hawaiians] to use, practice, and develop Native American
[Hawaiian] language”; [Section 104(2): “allow exceptions to
teacher certification requirements for Federal programs, and
programs funded in whole or in part by the Federal Government,
for instruction in Native American [Hawaiian] language when such
teacher certification requirements hinder the employment of
qualified teachers who teach in Native American [Hawaiian]
languages, and to encourage State and territorial governments to
make similar exceptions”; [Section 10493): “encourage and
support the use of Native American [Hawaiian] language as a
medium of instruction in order to encourage and support: (A)
Native American [Hawaiian] language survival, (B) educational
opportunity, (C) increased student success and performance, (D)
increased student awareness and knowledge of their culture and
history, and (E) increased student and community pride”; Section
104(4): “encourage State and local education programs to work
with Native American [Hawaiian] parents, educators, Indian tribes,
and other Native American [Hawaiian] governing bodies in the
implementation of programs to put this policy into effect”;
[Section 104(5): “recognize the right of Indian tribes and other
Native American [Hawaiian] governing bodies to use the Native
American [Hawaiian] languages in the curriculum in the same
manner as foreign languages and to grant proficiency in Native
American [Hawaiian] languages the same full academic credit as
proficiency in foreign languages.”
http://jan.ucc.nau.edu/~jar/SIL/NALAct.pdf

ii. U.S. Public Law 103-150 “The 1993 Apology Resolution”


http://en.wikipedia.org/wiki/Apology_Resolution

iii. October 20, 1994 – U.S. Public Law 103-382 (Bilingual


Education, Language Enhancement, and Language Acquisition
Programs Act or “Native Hawaiian Education Act”) provides for
the protection of Hawaiian language and culture in the public
schools. Section 7501(1) defines “bilingual education programs”
as those which provide education for students with limited English
proficiency or whose native or indigenous language is other than
English. This law requires States to support programs that:
Section 7501(1)(A): “make instructional use of both English and a
student’s native language”; Section 7501(1)(C): “develop the
native language skills of limited English proficient students, or the
ancestral languages of American Indians, Alaska Natives, Native
Hawaiians and native residents of the outlying areas”; Section
7501(1)(D): “may include the participation of English-proficient
students if such program is designed to enable all enrolled students
to become proficient in English and a second language.”
http://www.eric.ed.gov/ERICDocs/data/ericdocs2sql/content_stora
ge_01/0000019b/80/13/ae/79.pdf

iv. 2005 - Native Hawaiian Government Reorganization Act


http://www.govtrack.us/congress/record.xpd?id=109-s20060511-7

C) State of Hawai‘i

i. 1978 - Hawai‘i State Constitution Article X, Section 4:


“Hawaiian Education Program. The State shall promote the study
of Hawaiian culture, history and language.The State shall provide
for a Hawaiian education program consisting of language, culture
and history in the public schools. The use of community expertise
shall be encouraged as a suitable and essential means in
furtherance of the Hawaiian education program.” and Article XV,
Section 4: “Official Languages. English and Hawaiian shall be the
official languages of Hawaii, except that Hawaiian shall be
required for public acts and transactions only as provided by
law.” http://hawaii.gov/lrb/con/

ii. April 2004 - OHA Board of Trustees resolved to address needs of


Native Hawaiian students: “urging the transformation of the
education system significantly and immediately, because Native
Hawaiian children are being left behind in the school system, in
effect, giving the Department of Education a failing grade in
educating the keiki of the host culture; and because there is a need
to prevent further deterioration of our culture through outside
mandates and intervention.”

iii. Hawai‘i Act 133 (signed June 2004) expands teaching of Hawaiian
language in Immersion programs to total Hawaiian Medium
“Preschool to PhD” administration, secretaries, playground all in
Hawaiian. Requires the DOE to support instruction in the
Hawaiian language and to work collaboaratively with UH-Hilo
Hawaiian Language College to implement this initiative.
Established an instructional program in which children can meet
the state’s education standards through the medium of the
Hawaiian language. “Next Step: Offer Hawaiian language for free
in all DOE Adult Community Education schools.”
http://hawaii.gov/gov/news/enewsletters/2004/June%2012-
18,%202004.pdf

iv. June 2005 – State of Hawai‘i Act 159, Section 12(C)4 requires the
Hawai‘i Teachers Standards Board (HTSB) to “[d]evelop a plan to
facilitate licensing for those who intend to teach in Hawai‘i
immersion programs, the island of Ni‘ihau or any other
extraordinary situation as defined by the superintendent or the
superintendent’s designee”; and Section 14 states that the HTSB
“shall review alternative licensing requirements to replace the
PRAXIS examination requirement. The review of alternative
requirements shall include but not be limited to the consideration
of requiring a minimum amount of years of teaching experience to
replace the PRAXIS examination requirement”
http://lilinote.k12.hi.us/STATE/BOE/Minutes.nsf/ebb43af14ca5cd
b30a2565cb006622a8/7f30fd4a1c1e35890a25707f0005e4c4/$FIL
E/8-18-05%20%28Att%20L%29.pdf

v. 2006 – Title 21 Labor and Industrial Relations Chapter 371, Part II


(Language Access) Section 371-31 to 37.* Addresses, on account
of national origin, the language access needs of limited English
proficient persons in order that each state agency will provide
delivery of important language accessible benefits or services
employing federal funds. Meaningful access will be determined by
a totality of circumstances, including a) number or proportion of
limited English proficient (LEP) persons served or encountered in
the eligible service population, b) the frequency with which LEP
come in contact with the services, programs, or activities; c) the
nature and importance of the services, programs, or activities; and
d) the resources available to the State or covered entity and the
costs. Applicapble State agencies not required to translate meeting
notices, agendas, or minutes.* 2009 Legislature reduced Hawai‘i
Office of Language Access staff to only one person.
http://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-
0398/hrs0371/hrs_0371-.htm

vi. 2008 – SB2728 Hawaiian Language Immersion Program


appropriates funds for teaching positions at schools with Hawaiian
language immersion programs where supplemental teaching
positions are most needed as. Acknowledges Hawaiian language
immersion program is “crucial” and “a welcome vehicle for
revitalizing, maintaining, and strengthening the Hawaiian language
for its speakers and the community at large,” as well as “plays a
central role in the perpetuation of Hawaiian culture, history,
language, values, and practices as provided for by the Constitution
of the State of Hawai‘i.”.
http://www.capitol.hawaii.gov/session2008/Bills/sb2728_.htm

vii. 2008 - Hawai‘i 2050 Sustainability Plan: “Increase fluency in


Kanaka Maoli language. It is one of the official languages of
Hawai‘i.”
http://www.hawaii2050.org/images/uploads/Hawaii2050_Plan_FI
NAL.pdf

D) Association of Hawaiian Civic Clubs (pertaining to language):


http://www.aohcc.org/index.php?option=com_content&view=article&id=115&It
emid=68

i. 45th Association of Hawaiian Civic Clubs (AHCC) Annual


Convention in Maui in 2004:

a) Resolution (Maui 2004 – 33?) “Establishing a voter registration


program among all Hawaiian Civic Clubs to empower Native
Hawaiians in decision-making” expressed “concern that
communities with large populations of native Hawaiians remain
among the must under-served among voter demographics; many
of these commuities continue to reflect high percentages of
social problems, uncontrolled development, and loss of cultural
heritage and identity; native Hawaiians share growing anxiety
and distress over the effects of the economy, litigation against
Hawaiian entitlements, and governmental actions that directly
impact the personal lives, families and communities in which
they live; while native Hawaiians seek greater self-determination
through the nation-building process, it is imperative that they
assert political power through the existing democratic process of
voting in American elections.”
ii. 46th AHCC Annual Convention in Kohala in 2005:

a) Resolution (Kohala 2005-01) urging the Congress to reauthorize


the Native Hawaiian Education Act and provide the Federal
granting authority be transferred from the United States
Department of Education located in Washington, D.C. to the
Native Hawaiian Education Council located in Hawai‘i.

b) Resolution (Kohala 2005-24) urging the Office of Hawaiian


Affairs to set aside funding to review legal action against the
Department of Education to protect Native Hawaiian language,
history, and culture education.

c) Resolution (Kohala 2005-25) calling for the convening of a


Native Hawaiian education summit to support continuance of
programs in Hawaiian language.

d) Resolution (Kohala 2005-27) urging the Hawai‘i Board of


Education, Department of Education, and the Legislature of the
State of Hawai‘i enforce the Hawaiian language as one of the
two official languages of the State of Hawai‘i and to redirect or
restructure funds for that purpose and to include willing
volunteers from various kūpuna, parents, teachers and
community groups in the planning process for the reinstatement
of these classes (at Nanakuli High School).

iii. 47th AHCC Annual Convention in Waikīkī in 2006:

a) Resolution (O‘ahu 2006 – 042) urging the AHCC to develop a


program for teaching Hawaiian culture, language and to
understand Hawaiian attitudes, to advance the influence of
Hawaiian cultural needs in the non-Hawaiian public realm.

b) Resolution (O‘ahu 2006 – 044) urging Hawai‘i legislators, the


Board of Education, the Department of Education, the University
of Hawai‘i at Mānoa and the University of Hawai‘i-Hilo to
urgently adopt and establish specific directives of Act 133 of
2004 relating to Hawaiian language.

c) Resolution (O‘ahu 2006 – 049) urging the Hawai‘i visitor


industry to increase educational and job opportunities for Native
Hawaiians.

d) Resolution (O‘ahu 2006 – 0107) resolves that the AHCC further


affirms that despite generations of forced assimilation, Native
Hawaiians continue to work tirelessly to re-claim, re-learn and
speak their native language.

e) Resolution (O‘ahu 2006 – 0110) urging the AHCC to support the


Office of Hawaiian Affairs’ ongoing efforts toward nation-
building to include all options of nationhood which must be
driven by community input and participation.

f) Resolution (O‘ahu 2006 – 0114) to appropriate land and funds


for Native Hawaiian education master planning until Hawaiian
nationhood is achieved and beyond.

g) Resolution (O‘ahu 2006 – 0117) calling for the creation of a


Task Force led by the AHCC to facilitate dialogue on
nationhood.

iv. 48th AHCC Annual Convention in Anchorage, Alaska in 2007:

a) Resolution 07-04 concerning ‘iwi (Alaska 2007 – 042) cites


Hawai‘i Revised Statutes (HRS) Section 6E-1 stating Hawai‘i’s
“historic” and “cultural heritage is among its most important
assets and that the rapid social and economic developments of
contemporary society threaten to destroy the remaining vestiges
of this heritage,”

b) Resolution 07-07 (Alaska 2007 – 045) resolves the AHCC to


adopt a strategy to oppose any malignment of Hawaiian
language, and

c) Resolution 07-15 (Alaska 2007 – 064) urges the AHCC to honor


Queen Lili‘uokalani by creating a task force to engage in
discussion and prepare a report focusing on aspecdts of
meaningful reconciliation with the United States pursuant to U.S.
Public Law 103-150, passed by Congress in 1993

d) Resolution 07-34 (Alaska 2007 – 069) creates a Task Force for


education and outreach to create a strategic plan to address issues
of importance for Civic Clubs and the Hawaiian community at
large for the State’s 2008 and 2010 election cycles.

v. 49th AHCC Annual Convention in Kaua‘i in 2008:

a) First Hawaiian language Resolution 08-04 (Kaua‘i 2008 – 08),


“E Ho‘omaika‘i ‘ana i ka Piha Makhiki he Haneli o Kekahi
Kupuna Hiwahiwa, ‘o Tūtū Lady Solmon Kamanā”

b) Resolution 08-24 (Kaua‘i 2008 – 054) to developing and


executing a proactive plan to protect and enhance the provisions
of the Hawai‘i State Constitution regarding Hawaiian Affairs

vi. 50th AHCC Annual Convention in Makena, Maui in 2009


(pending):

a) Resolution 09-28 (2009 Draft Resolutions pp. 56 – 57), Urging


the United states to ratify and adopt the United Nations
Declaration of Indigenous Rights
b) Resolution 09-46 (2009 Draft Resolutions pp. 93 – 95), Calling
for comprehensive sovereignty-based attention to the survival,
use, and continued restoration of the Hawaiian language

c) Resolution 7-09-04 (Draft Resolutions pp. 96 – 98), Urging the


Legislature of the State of Hawai‘i to adopt an Official
Languages Act similar to those adopted by Canada and Ireland to
ensure the continued restoration of the Hawaiian language

E) Hawaiian Language Revitalization Movement


http://en.wikipedia.org/wiki/P%C5%ABnana_Leo &
http://www.ahapunanaleo.org/eng/about/about_timeline.html

i. UH – Mānoa established a B.A. programs in Hawaiian language


and in Hawaiian Studies in 1976 to meet growing student demand

ii. UH – Hilo initiates Hawaiian Studies degree taught through


Hawaiian language medium, the first such government funded
education since 1895

iii. ‘Aha Punana Leo preschools begin in 1984 and Hawaiian


Language Medium Kula Kaiāpuni (Immersion Schools) in 1986
(later government-funded in the 1990’s) – “provide an effective
educational alternative for Native Hawaiina students.” Ban on
Hawaiian medium public education also lifted by State Legislature
in 1986. http://www.ksbe.edu/pase/pdf/Reports/K-
12/04_05_22.pdf

iv. 1987 passing of Native American languages resolution by Hawai‘i


State Legislature.

v. 1988 passing of federal Native Hawaiian Education Act (NHEA)


draws attention to the high literacy rates of Hawaiians at the time
of annexation and the sharp drop of such literacy during the period
of American control, a means to fund revitalization of Hawaiian as
a means to restore both the linguistic integrity and educational
excellence that were lost to Native Hawaiians during the long
territorial period when federal government policy denied the right
of Native Hawaiians to a public education through the medium of
Hawaiian. ‘Aha Pūnana Leo receives funds under Title IV:
Education for Native Hawaiians through the U.S. Dept. of
Education in 1989.
http://www.ed.gov/policy/elsec/leg/esea02/pg104.html

vi. “Simply requiring foreign language style stuy of Hawaiian, even at


every level of schooling, will not revitalize Hawaiian. Only
Hawaiian-medium schools can revitalize Hawaiian – and even then
it must be combined with use in the home and community.” (For
the Interest of the Hawaiians Themselves, Wilson & Kamanā,
2006)
http://www.ahapunanaleo.org/olelohawaii/news/articles/HuliliVol3
_Wilson.pdf

F) From the Language Nest to the Marketplace: Toward a Hawai‘i Official


Languages Act

i. English-centered (monolingualist) strategy of Language Access


Laws: 2006 – Title 21 Labor and Industrial Relations Chapter 371,
Part II (Language Access) Section 371-31 to 37. Addresses, on
account of national origin, the language access needs of limited
English proficient persons in order that each state agency will
provide delivery of important language accessible benefits or
services employing federal funds. Meaningful access will be
determined by a totality of circumstances, including a) number or
proportion of limited English proficient (LEP) persons served or
encountered in the eligible service population, b) the frequency
with which LEP come in contact with the services, programs, or
activities; c) the nature and importance of the services, programs,
or activities; and d) the resources available to the State or covered
entity and the costs. Applicapble State agencies not required to
translate meeting notices, agendas, or minutes. Provisions of act
are deemed applicable when the lesser of 5% or 1000 qualified
persons are determined. (Note: 2009 Legislature reduced Hawai‘i
Office of Language Access staff to only one person.)
http://dlir.state.hi.us/labor/ola/aboutus.shtml

ii. The principle of an Official Languages Act is to establish the


resident’s right to receive public services in either official
language

iii. Canadian Official Languages Act


http://laws.justice.gc.ca/en/ShowTdm/cs/O-3.01//20090812/en

iv. Ireland Official Languages Act


http://www.achtanna.ie/en.act.2003.0032.1.html

a) National University of Ireland, Maynooth OLA Compliance


Manual
http://www.nuim.ie/publications/ola/official_languages_act_2003_
150905.pdf

v. Potential service areas in Hawai‘i (based on Hawai‘i Title 21


criteria): State Capital Area; Hawai‘i County – Hilo, Kona, Puna;
Maui County – Pū‘ali Komohana; O‘ahu County – Kona,
Ko‘olauloa, ‘Ewa, Wai‘anae; Other areas and/or criteria
(“Hawaiian language communityies can grow anywhere.”)
http://www.oha.org/pdf/databook/2006/DataBook2006Demographi
cs.pdf and
http://www.ksbe.edu/SPI/Hulili/vol_4/Pua_i_ka_olelo_ola_la_ka_
ohana.pdf
vi. Hawai‘i Bilingual http://www.scribd.com/doc/19522779/Hawaii-
Official-Languages-Act-Appeal

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