Posts Tagged racial disparities

Comments on Linda Zhang, “Re-Building a Native Hawaiian Nation.”

Letter to editor by Kenneth R. Conklin, Ph.D. in response to
Linda Zhang, “Re-Building a Native Hawaiian Nation: Base Rolls, Membership, and Land in an Effective Self-Determination Movement,” Asian Pacific American Law Journal, Vol 22, No. 1, 2017, pp. 69-93.
http://escholarship.org/uc/item/39t1k0fx

I would like to set the record straight regarding a few errors of fact and interpretation in Linda Zhang’s essay “Re-Building a Native Hawaiian Nation.”

1. Alleged invasion of Iolani Palace by U.S. troops during the Hawaiian revolution of 1893

At the bottom of page 70 Ms. Zhang states the following falsehood: “Then, in 1893, American troops seized I’olani Palace, the home of Queen Lili’uokalani and the center of the Hawaiian monarchy …” Her only citation for that assertion is an internet link from 2005 which is now dead, where the underlying blogsite continues to publish only highly one-sided propaganda pushing the concept of Hawaiian independence.

The truth is that on January 16, 1893 there were 162 U.S. sailors who landed in Honolulu as a peacekeeping force because of anticipated violence between an armed militia of local men seeking to overthrow the government, and the government’s forces. Their orders were to protect American lives and property and to prevent rioting and arson. 808 pages of sworn testimony before the U.S. Senate Committee on Foreign Affairs in February 1894, in open session and under severe cross-examination, shows that the peacekeepers never invaded the Palace grounds and, indeed, did not take over any buildings nor in any way provide help to the rebels. See the Morgan Report at
http://morganreport.org
Even the Blount Report, much ballyhooed by Hawaiian sovereignty activists, makes no claim of any invasion of Palace grounds by U.S. troops.

Unfortunately the 2009 movie “Princess Kaiulani” (originally titled “The Barbarian Princess”) falsely shows such a scene. The webpage for a future film “The Islands” by Tim Chey indicates that there will be a similar scene. Both films, of course, are produced with story lines intended to sell lots of tickets by spectacularly distorting historical fact in ways that will appeal to current sentiments. Portraying U.S. troops invading the Palace is pure propaganda which only serves to incite racial strife and anti-Americanism.

2. Alleged statistical evidence of Native Hawaiian victimhood in poverty, incarceration, and health

Page 71, near the top, says “Since then, studies have shown that Kanaka Maoli, or Native Hawaiians, continue to have some of the highest rates of poverty, incarceration, school drop-out rates, and display several negative indicators of health.”

This assertion has been repeated so many times, both in the popular media and in academic “studies”, that people now believe it. This victimhood claim is cited by tycoons of the Hawaiian grievance industry who benefit from hundreds of millions of dollars in government and philanthropic grants; and also cited by politicians seeking to arouse public sympathy for efforts to create a Hawaiian tribe. The assertion arises from statistical malpractice, whose perpetrators must surely be aware that they are engaging in a scam. Two of the main points debunking the assertion are as follows:

(a) According to Census 2010 the median age of ethnic Hawaiians in Hawaii is 26 while the median age of everyone else in Hawaii is 42. That 16 year age gap explains why incomes of Native Hawaiians are significantly lower than incomes of other ethnic groups. It also explains why Native Hawaiians have higher rates of incarceration and longer sentences than other ethnicities — not because of their ethnicity but because of the huge age gap. Drug abuse, spouse abuse, and crime — especially violent crime — are the sins of young people far more than middle-age people.

(b) Virtually all so-called Native Hawaiians have mixed ancestry. Perhaps 3/4 of them each have at least 3/4 of their heritage being Asian or Caucasian rather than Hawaiian. But when someone is a victim of poverty, incarceration, disease, etc. and is asked “What are you?” they are classified as “Native Hawaiian” AND ONLY AS NATIVE HAWAIIAN even if their native blood quantum is only a small fraction of their ancestry. Someone who is mostly Caucasian or Asian should have his victimhood attributed to one of those racial groups rather than to Native Hawaiian. The most accurate way to award victimhood tally marks to ethnic groups would be to give a fraction of a tally mark to each ethnicity in a victim’s heritage equal to the fraction of that ethnicity in his genealogy. But social scientists apparently consider it politically incorrect to ask victims for ethnic percentages; and tycoons of the Hawaiian grievance industry do not want to be robbed of the victimhood claims they use in grant applications; and researchers excuse their malpractice by saying that if they award victimhood tally marks to the highest percentage in a victim’s heritage then there would be too few Native Hawaiians to be statistically significant.

For a detailed analysis and examples of both points (a) and (b) see “Native Hawaiian victimhood — malpractice in the gathering and statistical analysis of data allegedly showing disproportionate Native Hawaiian victimhood for disease and social dysfunction.” at
http://tinyurl.com/j3aolqg

3. The proposed Native Hawaiian constitution is both racist and fascist

Linda Zhang’s article tries to portray the Hawaiian sovereignty movement as benign. For example, she says on page 77 “Part A(i) of the membership criteria is based on the lineage model. The criterion is broad enough to include ‘non-Hawaiians who were citizens of the Hawaiian Kingdom and therefore have a rightful place in the citizenry,’ thereby avoiding a potential constitutional challenge under Rice v. Cayetano.” But the actual wording of Part A(i) says “An individual who is a descendant of the aboriginal peoples who, prior to 1778, occupied and exercised sovereignty in the Hawaiian Islands” — which clearly would NOT include people with no native blood who were subjects (citizens) of the Kingdom; and thus it is clearly a racial requirement and cannot avoid running afoul of Rice v. Cayetano.

A claim to racial supremacy is displayed in the proposed constitution for a future federally recognized Hawaiian tribe adopted on February 26, 2016. That constitution also demands race-based ownership and control of all the lands and waters of Hawaii, as though nobody else has rights. Up front the preamble says “we join together to affirm a government of, by, and for Native Hawaiian people” [i.e., of the race, by the race, and for the race], and “affirm our ancestral [i.e., race-based] rights and Kuleana to all lands, waters, and resources of our islands and surrounding seas.” So what will become of the 80% of Hawaii’s people who have no native ancestry? The constitution asserts the same sort of “blood and land” concept as found in other fascist governments — Native Hawaiians are descendants of the gods and brothers to the land in a way nobody else can ever be who lacks a drop of Hawaiian native blood.
See “Hawaiian religious fascism” at
http://tinyurl.com/j4o2cdj
The proposed tribal constitution passed by the Na’i Aupuni convention on February 26, 2016 is available at
http://tinyurl.com/zegptkr

 

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For Hawaiians Only

A valuable webpage providing information about 856 government funded racial entitlement programs for the exclusive benefit of “Native Hawaiians” was disrupted but has now been partially restored. Several other webpages on the same topic are also available.

All these programs, valued into the Billions of dollars, are paid for by tax dollars from the governments of the United States and the State of Hawaii. It is likely that these programs are unconstitutional. Some have been challenged in state and federal courts. Thus far the lawsuits to dismantle them have been dismissed on technical procedural issues including “standing” and the “political question” doctrine. However, those dismissals never reached the merits of these cases. Thus all these programs remain available as targets for future civil rights lawsuits based on the 14th Amendment equal protection clause and other arguments.

Keep in mind that this compilation pertains only to government programs funded by taxpayers, and does not include enormous privately funded programs such as Kamehameha Schools (Bishop Estate) which alone is worth $10-15 Billion, Lili’uokalani Childrens Trust, and many others.

The collection of webpages listing and describing Hawaiian racial entitlement programs is at
http://www.angelfire.com/big11a/ForHawaiiansOnly.html

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OHA report alleging racial disparities in criminal justice

On September 28, 2010 the State of Hawaii Office of Hawaiian Affairs issued a press release about a new report it created entitled “The Disparate Treatment of Native Hawaiians in the Criminal Justice System.” The Honolulu Star-Advertiser published an article about it the following day. The complete report, filled with many beautiful photos of taro, is at
http://tinyurl.com/2aweono

There are important scholarly/statistical issues raised by the report, and equally important political issues. It’s clear that the OHA report is an exercise in political propaganda rather than a serious scholarly analysis or civil rights inquiry.

A major rebuttal is now available at
http://tinyurl.com/3xxc5ja

Here’s an outline of topics covered in great detail in the rebuttal:

1. What the OHA report said, and how the underlying study was conducted. Data collected and analyzed in secret was then destroyed, making peer review impossible. OHA and the group who produced this “study” should be embarrassed if their methods are compared with legitimate work done by scientists developing new drugs or reporting experiments in physics, biology, etc.

2. Slick, artistically composed pages show that the purpose of the report is political propaganda rather than scientific scrutiny. Emotional appeals are made to a creation legend from the ancient Hawaiian religion, and the report is filled with emotionally rousing artistic photos of taro patches (because taro plays a key role in that creation legend). Unverifiable claims are made that ethnic Hawaiians suffer more trauma than other races when sent to prisons outside Hawaii, because their spiritual link to the land is broken. Emotional appeals are made by quoting the inspirational words of Kamehameha The Great on his deathbed, and by quoting the words of a song written by ex-queen Lili’uokalani when she was “unjustly imprisoned” (just like ethnic Hawaiians today!!). [By the way, her imprisonment was entirely justified, and was a very mild punishment for the crimes she committed. See section 6 below. Her activities after release showed she was never rehabilitated! But she did stop participating in violent activities.].

3. Youthfulness is an important factor in explaining why ethnic Hawaiians (allegedly) have higher rates of arrest and incarceration, and longer jail sentences and probation, than criminals of other races. In the last decennial census the median age for ethnic Hawaiians was 25, while the median age for everyone else was 39. Criminal behaviors — especially violent crimes deserving lengthy prison sentences — are the sins of youth rather than middle age. But the OHA report does not adequately examine and does not draw appropriate conclusions about age.

4. Percentage of native blood quantum must be taken into account in analyzing data alleging racial disparity. Someone who is only 1/8 Hawaiian should clearly not be counted as Hawaiian. An incarcerated criminal who is 1/2 Chinese, 1/4 Filipino, 1/8 Irish, and 1/8 Hawaiian would properly be counted as Chinese if outcomes are to be attributed to only one racial group. The best method would be to allocate fractional tally marks when attributing outcomes to racial groups. But nobody at OHA or any other racial-partisan institution bothers to collect or analyze racial data that way because the results would undoubtedly torpedo most of their racial grievance claims.

5. If the author of a so-called scientific report has a motive to tell falsehoods or skew the results, then the facts alleged in the report, and the conclusions, can be set aside as lacking credibility. In the case of OHA’s report alleging disparate treatment of ethnic Hawaiians in the criminal justice system, OHA has strong motives to portray ethnic Hawaiians as victims of unequal or unfair treatment in order to spur political support for the Akaka bill now pending in Congress. OHA has especially strong motive to undermine an agreement between Governor Lingle and Hawaii’s two Senators to amend the Akaka bill in such a way to deny the Akaka tribe immediate sovereign jurisdiction over the criminal justice system. Also, the Justice Policy Institute in Washington D.C., which helped write this report, has its own political motives which include dismantling America’s punishment-oriented prison system.

6. If a witness in court — even an expert witness — says something false about one topic, then it is reasonable to doubt his credibility on other topics. This OHA report makes false and misleading statements about Hawaii’s history, which ordinary people can verify are wrong. Also, the historical content is presented in a chaotic narrative which scrambles the chronology. Therefore even people lacking expertise in scientific knowledge and statistical methodology are justified in doubting what OHA’s report says about technical issues, and we can wonder whether the gathering and analysis of data was as chaotic as the chronology in the history section. Some wrong statements about Hawaii’s history contained in this report are described in the rebuttal, and proof is provided that they are wrong.

7. Are disparate bad outcomes for ethnic Hawaiians in health, economics, and the criminal justice system found only in Hawaii? A recent study shows that ethnic Hawaiians living in California are doing better than the average of all Californians. Why are Hawaiians thriving in California but not in Hawaii, despite the fact (or is it because of the fact?) that Hawaii provides a plethora of racial entitlement programs not available to them in California?

For extensive analysis and evidence regarding these seven topics, see the full rebuttal at
http://tinyurl.com/3xxc5ja

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