In addition to the sections of the United Nations Declaration on the Rights of Indigenous Peoples that are usually cited to protect sacred sites more broadly, such as Articles 12 and 25, we can pay particular attention to those sections which address issues of sovereignty. Article 4, which states that “in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs,” is especially relevant to the case of the Kanaka Maoli. They could make a solid argument that when the United States annexed the nation of Hawai’i, the colonial government impinged upon their rights to autonomy and continues to do so when it uses force to overrule their wishes for unburdened access to their most sacred sites.
If full sovereignty under Article 4 is not an option that the United States is willing to give to the Native people of Hawai’i— though it signed UNDRIP in 2010— Article 28 provides another route to pursue in order to gain freedom from some of the hardship of living under a colonial government. It establishes the right of Indigenous peoples to pursue “just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.” Whether the compensation must be monetary or whether the Kanaka Maoli would be entitled to negotiate an agreement with the government of Hawai’i regarding construction on Mauna Kea based on the provisions outlined in Article 28 remains unclear. What is clear is that if the US is to honor UNDRIP, the Kanaka Maoli have several legitimate petitions to make to the state of Hawai’i regarding their rights to self-governance.
