[ISL] The Atlantic on indigenous land tenure in Hawai'i
In "Native Soil", Brittany Lyte at The Atlantic describes how definitions of indigenous Hawaiian which require a certain percentage of indigenous ancestry threaten future generations with losing their ability to pass on their property. This definition has to change.
Natasha Boteilho lives in Oahu’s arid Waianae Valley on a jot of land held in trust for native Hawaiians. Here on Hawaii’s most densely populated island-where the highest per-capita homeless population in the United States continues to swell and the average price of a single-family home is three-quarters of a million dollars-that’s no small thing. The turquoise waters that lap against golden beaches lie next to jammed highways. Even the wildlife is exploding: A cacophonous feral-chicken epidemic provides the background noise to islanders’ daily lives.
Boteilho’s property was originally awarded to her grandfather by virtue of a federal law enacted in 1920 to stabilize a Hawaiian race left withering and landless after a century of colonization. Boteilho’s mother took over the land lease next, and then, in 2011, the homestead was passed on to her. A stay-at-home mother of three girls, the 39-year-old Boteilho resides with her husband and children in the three-bedroom house her grandfather built at the base of an eroded shield volcano.
But this is where Boteilho’s familial succession will end. None of Boteilho’s daughters-ages 2, 5, and 10-are eligible to inherit the land their great-grandfather settled in 1951. Simply put: They don’t have enough Hawaiian blood. “If I passed away tomorrow, my children would not be able to get my house,” Boteilho said. “That scares me.”
When Congress passed the Hawaiian Homes Commission Act of 1920, the native Hawaiian race was quickly vanishing. The legislation was a reaction to the large numbers of Hawaiians who had been forced off their lands when white businessmen moved to the islands during the early 1800s. The foreigners built sprawling pineapple and sugarcane plantations and imported a new working class to tend to them. The Hawaiians, meanwhile, receded to crowded urban zones where extrinsic diseases, for which they had no immunity, hacked away at their numbers. In 1778, when white men first set foot on the Hawaiian Islands, there were an estimated 683,000 full-blooded Hawaiians living there, according to the Pew Research Center. By 1919, that population was just 22,600. The Hawaiian Homes Commission Act attempted to combat the decline by creating a 200,000-acre land trust to serve as neighborhoods, farms, and ranches for those who could prove at least 50 percent Hawaiian ancestry.
“The Hawaiian race is passing,” testified Prince Jonah Kuhio Kalaniana’ole before the U.S. House of Representatives in 1920. “And if conditions continue to exist as they do today, this splendid race of people, my people, will pass from the face of the Earth.” A born royal and a delegate to Congress, Kuhio was the visionary sponsor of the law that established Hawaiian homesteading. Despite his fight for a lower blood quantum, the law specifies that Hawaiians are eligible to apply for 99-year land leases at $1 per year on the condition that they prove they are at least half-blooded Hawaiians. The law further stipulates that a homestead lease can be passed on to a leaseholder’s child or grandchild-so long as that heir can prove at least 25 percent Hawaiian ancestry.
Natasha Boteilho lives in Oahu’s arid Waianae Valley on a jot of land held in trust for native Hawaiians. Here on Hawaii’s most densely populated island-where the highest per-capita homeless population in the United States continues to swell and the average price of a single-family home is three-quarters of a million dollars-that’s no small thing. The turquoise waters that lap against golden beaches lie next to jammed highways. Even the wildlife is exploding: A cacophonous feral-chicken epidemic provides the background noise to islanders’ daily lives.
Boteilho’s property was originally awarded to her grandfather by virtue of a federal law enacted in 1920 to stabilize a Hawaiian race left withering and landless after a century of colonization. Boteilho’s mother took over the land lease next, and then, in 2011, the homestead was passed on to her. A stay-at-home mother of three girls, the 39-year-old Boteilho resides with her husband and children in the three-bedroom house her grandfather built at the base of an eroded shield volcano.
But this is where Boteilho’s familial succession will end. None of Boteilho’s daughters-ages 2, 5, and 10-are eligible to inherit the land their great-grandfather settled in 1951. Simply put: They don’t have enough Hawaiian blood. “If I passed away tomorrow, my children would not be able to get my house,” Boteilho said. “That scares me.”
When Congress passed the Hawaiian Homes Commission Act of 1920, the native Hawaiian race was quickly vanishing. The legislation was a reaction to the large numbers of Hawaiians who had been forced off their lands when white businessmen moved to the islands during the early 1800s. The foreigners built sprawling pineapple and sugarcane plantations and imported a new working class to tend to them. The Hawaiians, meanwhile, receded to crowded urban zones where extrinsic diseases, for which they had no immunity, hacked away at their numbers. In 1778, when white men first set foot on the Hawaiian Islands, there were an estimated 683,000 full-blooded Hawaiians living there, according to the Pew Research Center. By 1919, that population was just 22,600. The Hawaiian Homes Commission Act attempted to combat the decline by creating a 200,000-acre land trust to serve as neighborhoods, farms, and ranches for those who could prove at least 50 percent Hawaiian ancestry.
“The Hawaiian race is passing,” testified Prince Jonah Kuhio Kalaniana’ole before the U.S. House of Representatives in 1920. “And if conditions continue to exist as they do today, this splendid race of people, my people, will pass from the face of the Earth.” A born royal and a delegate to Congress, Kuhio was the visionary sponsor of the law that established Hawaiian homesteading. Despite his fight for a lower blood quantum, the law specifies that Hawaiians are eligible to apply for 99-year land leases at $1 per year on the condition that they prove they are at least half-blooded Hawaiians. The law further stipulates that a homestead lease can be passed on to a leaseholder’s child or grandchild-so long as that heir can prove at least 25 percent Hawaiian ancestry.