Article XII, Section 7

Definition

Article XII, Section 7 is a provision in the Hawaii State Constitution that addresses the rights of Native Hawaiians and recognizes their unique cultural, historical, and social significance. This section emphasizes the state’s commitment to protect and promote the rights of Native Hawaiians, highlighting the importance of preserving their traditions, practices, and access to resources that are vital to their identity.

5 Must Know Facts For Your Next Test

1. Article XII, Section 7 was added to the Hawaii State Constitution in 1978 as part of a broader movement to recognize and affirm Native Hawaiian rights.
2. This provision mandates that the State of Hawaii shall protect the distinct cultural practices of Native Hawaiians, ensuring their ability to practice their traditions.
3. The inclusion of Article XII, Section 7 reflects historical injustices faced by Native Hawaiians, including land loss and cultural suppression due to colonization.
4. Article XII, Section 7 has served as a basis for various legal cases and advocacy efforts aimed at restoring Native Hawaiian rights and sovereignty.
5. It highlights the state's responsibility in fostering partnerships with Native Hawaiian organizations to promote education, cultural preservation, and resource management.

Review Questions

• How does Article XII, Section 7 relate to the historical context of Native Hawaiian rights?
  • Article XII, Section 7 is rooted in the historical injustices faced by Native Hawaiians, particularly due to colonization and land loss. This provision acknowledges the need for protection and promotion of Native Hawaiian rights as a response to past wrongs. By recognizing their unique cultural significance, this section aims to rectify some of the historical grievances and restore dignity and autonomy to the Native Hawaiian community.
• What are some practical implications of Article XII, Section 7 for Native Hawaiian cultural practices today?
  • Article XII, Section 7 has significant implications for how Native Hawaiians can engage with their culture and traditions. It mandates state support for preserving cultural practices, ensuring that Native Hawaiians have access to necessary resources like land and water for traditional practices. This means that the state must actively collaborate with Native Hawaiian organizations to promote cultural education and sustainable practices that uphold their heritage.
• Evaluate the impact of Article XII, Section 7 on ongoing legal battles regarding Native Hawaiian sovereignty.
  • Article XII, Section 7 has played a crucial role in ongoing legal battles concerning Native Hawaiian sovereignty by providing a constitutional basis for claims related to land rights and cultural preservation. It has empowered Native Hawaiians to challenge laws and policies that threaten their rights, often leading to significant legal precedents. The section not only strengthens their case in court but also fosters public awareness about Native Hawaiian issues, influencing policy discussions at both state and national levels.

Related terms

Native Hawaiian: Individuals who are descendants of the original Polynesian settlers of Hawaii and possess a unique cultural heritage and connection to the land.

Aha Moku: A traditional Hawaiian resource management system that recognizes the interconnectedness of land, ocean, and community, emphasizing sustainable practices.

Kanaka Maoli: The native people of Hawaii, who possess a deep-rooted connection to the land and its resources, as well as a rich cultural heritage.