Posts Tagged Native Hawaiian

Proposed regulations for Mauna Kea, September 2018

On September 27, 2018 Kenneth R. Conklin, Ph.D. submitted testimony of 18 pages regarding proposed regulations for “Public and Commercial Activities on Mauna Kea Lands.” Conklin explains 4 fundamental principles of unity and equality, and applies them to criticize and improve the proposed regulations. Conklin’s complete testimony is at

Here are four fundamental principles for all issues related to Hawaiian sovereignty, which are also helpful for analyzing the proposed rules for Mauna Kea:
1. We are all equal in the eyes of God regardless of race.
2. All people, regardless of race, should be treated equally under the law by our government.
3. Unity with America: Hawaii is in fact the 50th State of the USA, whose laws rightfully have jurisdiction here.
4. Unity of Hawaii: The people and lands of Hawaii should remain unified under the single sovereignty of the State of Hawaii, and should not be divided along racial lines.

Two obvious conclusions for Mauna Kea rule-making can be derived from those fundamental principles. Many proposed rules should be improved to reflect these two conclusions. These conclusions motivate and underlie all the comments I have made about specific proposed rules.
(A) Every rule should apply equally to people of all races; there should be no racial set-asides or special privileges.
(B) If rule-makers believe Article 12 Section 7 of the Hawaii Constitution requires certain rights to be granted to one particular racial group, then the best way to fulfill that requirement is to grant those same rights to all Hawaii’s people regardless of race. There is legal precedent that a law requiring benefits for one racial group can be satisfied by granting those benefits to all persons regardless of race. Furthermore, the Aloha Spirit and the need for pono require such inclusiveness rather than racial exclusion.

Proposed rules for Mauna Kea analyzed by applying those principles and conclusions include the following topics:
*Mandatory orientation program for visitors;
*Fees charged to visitors;
*Traditional and customary rights of Native Hawaiians;
*Burials and scattering of cremated remains;
*Interference with government function;
*Racial set-asides or preferences;
*Access for religious or cultural purposes;
*Demographic characteristics of employees, volunteers, visitors deemed irrelevant

Conklin’s complete testimony is at

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Census race and gender questions need fixing. Mixed race respondents should tell percentages.

On March 1, 2017 the U.S. Office of Management and Budget published a notice in the Federal Register entitled “Revision of Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity: Proposals From Federal Interagency Working Group”

The 6-page notice raised many issues and asked for comments before April 30, which can be viewed there.

Ken Conklin posted the following summary of his comments on April 7. The complete, detailed comments are at


My comments address two main issues: How the race (and gender) question(s) should be worded to avoid confusing emotional aspiration with fact; and why multiracial people (especially Native Hawaiians) should be asked for the percentage of each race in their ancestry.

Here is a summary to comply with the limit of 5000 characters. For the complete commentary see

Census questions about race should be written in a way which clarifies that respondents are being asked about the facts of their biological heritage (check the boxes for all the races you know are part of your biological ancestry) rather than their psychological/social affiliations or aspirations (check the box for the race you feel most closely affiliated with on account of upbringing or current lifestyle). Perhaps both questions should be asked. Mixed-race respondents should be asked to estimate the percentage of each race. Current single-question ambiguity between fact vs. aspiration skews statistical medians toward aspirational identities in geographic areas where mixed-race minorities have large numbers of individuals engaged in political activity to assert minority rights. People who are strongly committed to a race-based political agenda are likely to say they are solely of their favorite race. Such aspirational skewing causes inaccurate media reporting by statistically unsophisticated reporters relying on Census Bureau news releases having weak or non-existent plain-English disclaimers that data may be skewed by aspirational self-identification. Even mathematically sophisticated scholars might misinterpret aspirational identity as though it is biological fact unless they are reminded about the ambiguity.

Special attention is given to the “Native Hawaiian” category, because nearly all respondents are of mixed race and the great majority of individuals have most of their ancestry being Asian or European rather than Hawaiian. Politically-inspired aspirational responses by “Native Hawaiians” to the Census race question, marking only the “Native Hawaiian” box to assert racial pride, have produced absurd official results such as 80,000 “pure” Hawaiians are living in Hawaii. Researchers, seeking to bolster applications for government and philanthropic grants to study or provide treatment for alleged racial disparities, count anyone with any amount of Hawaiian native ancestry as being fully Native Hawaiian and do not count them also as being any of their other heritages, even when the percentage of native heritage is very small. Thus propagandists are able to make use of Census data whose aspirational answers to the race question are intentionally misinterpreted as though they are biologically factual. Political propagandists say Native Hawaiians need political autonomy to ensure that government resources are directed toward their special needs, citing Census data where there is no warning about the ambiguity between aspirational vs. factual identity. Powerful race-focused institutions say they need monetary grants to study or overcome alleged racial disparities. Nearly all Native Hawaiians are of mixed race. But every Native Hawaiian with a medical or social problem gets a full tally mark added to the Native Hawaiian category for that problem while not even a partial tally mark is awarded to any of the victim’s other races.

Whether knowingly or unknowingly, the Census Bureau has become an accomplice to statistical malpractice or outright scams which are enabled by Census questions whose ambiguity allows researchers and news media to misinterpret aspirational responses as though they represent biological fact.

To achieve credibility and political neutrality the Census Bureau should make two improvements: (1) Write the race (and gender) question(s) to specify that responses should be based on biological fact; or better yet, bifurcate the question(s) into one factual and one aspirational question; and ask multiracial respondents for estimated percentage of each ancestry. If the Census Bureau decides the additional wording of the race question is too burdensome for the decennial, then the more-detailed American Community Survey could be used, or the topic could be addressed in a special supplement in the Current Population Survey for one month each year. (2) News releases for non-academic readers; as well as data tables, graphs, and verbal summaries for scholarly use; should have prominently-placed disclaimers, in plain English or technical language appropriate to the expected audience. The disclaimers should note the fact that responses arising from social/psychological aspiration might have caused skewing of the data in a way that does not accurately reflect biological fact, especially in the case of multiracial or transgender respondents.

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Akaka tribe jurisdictional conflicts shown by mainland examples

by Kenneth R. Conklin, Ph.D.

Congress is on vacation for the month of August. Thus one-third of the 113th Congress (8 of its 24 months) has expired, and the perennial Akaka bill has still not been introduced. What’s going on? If a state-recognized Akaka tribe gets federal recognition, what kinds of jurisdictional conflicts would we see in Hawaii as shown by real conflicts now happening with Indian tribes on the mainland?

OHA is building its newest racial registry, Kana’iolowalu. Embarrassed that after a year only 9300 ethnic Hawaiians had signed up, OHA is now dragging more than 100,000 names onto the list, pulling from previous racial registries such as Kau Inoa, Project Ohana, Kamehameha Schools, etc. OHA is doing this without asking those people for permission. But Census 2010 counted more than 527,000 people claiming to be “Native Hawaiian”, so even if Kana’iolowalu gets 260,000 names (extremely unlikely) it would still be a minority of those eligible by race and a far smaller minority of Hawaii’s people.

In December 2011 I pulled together 13 news reports from the final 13 weeks of that year from various places on the mainland, concerning conflicts between Indian tribes and local communities that would clearly happen in Hawaii if an Akaka tribe gets federal recognition. For each situation I described the facts and cited a link to the full news report. This year I decided that instead of looking at a wide range of topics from a three month period, I would select news reports about a single topic from a single week. So at the end of July I put the following phrase into Google, including the quote marks: “tribal jurisdiction”; and I narrowed the search to the most recent week.

For details see

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Rebuttal to maiden speech by Senator Schatz pleading for federal recognition for a phony Akaka tribe

June 11 is Kamehameha Day, a state holiday in Hawaii. U.S. Senator Brian Schatz chose that day to give his maiden speech asking for federal recognition for a phony Akaka tribe.

A webpage provides a point-by-point rebuttal to 23 misleading or false statements in the speech, including citations to references that back up the rebuttal. See

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