Statute

TLA-S-HI1993

Apology Resolution (Pub. L. 103-150), 1993

Congress's 1993 Apology Resolution acknowledged the 1893 overthrow of the Kingdom of Hawaii but stated it settles no claims.

Citation
107 Stat. 1510
Year
1993
Effect on land rights
mixed

What happened

On November 23, 1993, Public Law 103-150 became law. It is a joint resolution marking the 100th anniversary of the overthrow of the Kingdom of Hawaii on January 17, 1893. Its opening clauses call the overthrow "illegal" and say it was carried out "with the participation of agents and citizens of the United States."

Section 1 has Congress acknowledge that the overthrow "resulted in the suppression of the inherent sovereignty of the Native Hawaiian people." It then "apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination." Congress also expressed its commitment to acknowledge the ramifications of the overthrow and urged the President to support reconciliation.

One of its findings concerns land: "the indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people or over their national lands to the United States, either through their monarchy or through a plebiscite or referendum."

Section 3 is a disclaimer: "Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the United States." In Hawaii v. Office of Hawaiian Affairs (2009), the Supreme Court held that the resolution did not strip Hawaii of its sovereign authority to sell the ceded lands it received at statehood, and described the first section's verbs as "conciliatory or precatory."

Good to know. The Supreme Court's 2009 decision turned on the resolution's legal effect, not on the truth of its history.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

  1. apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893Apology Resolution, Pub. L. 103-150, Nov. 23, 1993, 107 Stat. 1510, govinfo.gov
  2. the indigenous Hawaiian people never directly relin- quished their claims to their inherent sovereignty as a people or over their national landsApology Resolution, Pub. L. 103-150, Nov. 23, 1993, 107 Stat. 1510, govinfo.gov
  3. Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the United States.Apology Resolution, Pub. L. 103-150, Nov. 23, 1993, 107 Stat. 1510, govinfo.gov
  4. The Apology Resolution did not strip Hawaii of its sovereign authority to alienate the lands the United States held in absolute feeHawaii v. Office of Hawaiian Affairs, 556 U.S. 163 (2009), Cornell LII

Research notes. The Court's 2009 decision turned on the resolution's legal effect, not on the truth of its history. The Statutes at Large scan hyphenates 'relinquished' as 'relin- quished'; the quote keeps that. What claims Native Hawaiians have pursued since 1993 was not reviewed.

Who is doing the work

Native legal and land defense, nationally

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Connections

These links were matched automatically by name or date and have not yet been reviewed by a person.

Policy era 1

Sources

  1. en.wikipedia.org/wiki/Apology_Resolutionpointer
Research notes

Hawaii v. Office of Hawaiian Affairs, 556 U.S. 163 (2009) held the resolution's whereas clauses have no binding legal effect (Wikipedia pointer; case cite).

Kind
Statute
Confidence
Medium
Notes
  • Some details not yet checked against a source
  • unresolved reference

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