This blog is about Hawaii's status as an independent country under prolonged illegal occupation by the United States, and the history, culture, law & politics of the islands.
By Scott Crawford, Hana, Maui
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Honolulu Civil Beat reports
Native Hawaiians who believe they are citizens of the Hawaiian Kingdom — not the United States — nonetheless spent Thursday in an American court defending themselves against charges they trespassed on the grounds of their rightful seat of government, Iolani Palace.
Weeks after invoking their Hawaiian sovereignty rights before a Honolulu judge, the 23 demonstrators arrested at Iolani Palace in November showed up to stand trial in Honolulu District Court.
Those arrested, members of the self-proclaimed Aupuni O Ko Hawaii Pae Aina/Hawaiian Kingdom Government, are charged with second-degree criminal trespassing for refusing to leave palace grounds after hours on Nov. 7. The defendants had argued at their arraignments that they were not U.S. citizens, but “living sovereigns” of the kingdom of Hawaii.
Although they believe they are under the jurisdiction of the Hawaiian Kingdom, the defendants appeared in court because they felt it’s important to defend their actions and prove they did nothing wrong, says Mahealani Kahanaoi.
Read the rest…
Honolulu Civil Beat reports
Frustrated with a 10-year congressional fight to obtain federal recognition and form a nation-within-a-nation government, the Office of Hawaiian Affairs has decided to follow a path that has led several American Indian tribes to success.
OHA is not giving up on the Native Hawaiian Government Reorganization Act, known as the Akaka bill.
But faced with the reality that U.S. Sen. Daniel Akaka, for whom the bill is named, is retiring after this year and that the political environment in Washington, D.C., is as polarized as it has ever been, OHA and Hawaii’s delegation having been exploring other routes.
One of those would bypass Congress altogether and seek recognition from the U.S. Department of the Interior, a process used by Native American tribes.
“It is possible that Hawaiians could achieve recognition through an alternate route — alternate from the legislative route,” said Clyde Namuo, OHA’s longtime CEO until he retired Dec. 30. “It would not require congressional approval, but you would need to convince the Secretary of the Interior that they have the authority to do it. And we believe that there is adequate precedence to establish that you can do it.”
Most people know that Hawaii was the last region in North America to enter the union, but many don’t know the elaborate history of the islands prior to being annexed. In her book “Lost Kingdom: Hawaii’s Last Queen, the Sugar Kings, and America’s First Imperial Adventure,” author Julia Flynn Siler sheds light on the influential people and events that contributed to defining Hawaiian history and culture.
Siler depicts the ancient monarchy that ruled the islands for generations and illustrates how the U.S. controversially pushed the last Queen of Hawaii, Lili’uokalani, out of power for U.S. military and commercial interests. Patt takes a closer look at that island paradise, the battleground of empire that a queen and our current president have called home.
WEIGH IN:
How has Hawaiian culture changed since it became a state? How appropriate was it for the United States to annex Hawaii in light of the Congressional Apology Resolution and the Hawaiian sovereignty movement? What more should the U.S. do, if anything, to redeem itself to the indigenous people of Hawaii?
Guest:
Julia Flynn Siler, author of “Lost Kingdom: Hawaii’s Last Queen, the Sugar Kings, and America’s First Imperial Adventure”
Listen to the program here
More info on the book from Siler’s website
Star-Advertiser reports
Enabling language that would have been the first step toward federal recognition for native Hawaiians was left out of the $1 trillion-plus budget bill approved today by the U.S. House of Representatives.
The provision would have recognized native Hawaiians as an indigenous people of the United States and began a process of self-determination and recognition similar to state legislation adopted earlier this year.
“This provision remained an active item of discussion between the members of the House and Senate Appropriations committee until the very end,” U.S. Sen. Dan Inouye said in a statement. “Unfortunately, it was opposed by members of the House […]”
Passing along this information from Leon Siu…
The OHA/State “settlement” hearings are on ‘Oahu this week, Lana’i and Molokai next week. Below is the list of the remaining hearings. McKinley HS is tonight.
O‘AHU
McKinley High School (site is pending confirmation), 1039 S. King St., Dec. 13, 5:30 to 7:30 p.m.
Waimanalo “Ka Ho‘oilina Na Kuhio” Community Center, 41-253 Ilauhole St., Waimänalo, Dec. 14, 5:30 to 7:30 p.m.
Kapolei Middle School, 91-5335 Kapolei Parkway, Kapolei, Dec. 15, 5:30 to 7:30 p.m.
LANA‘I
Lana‘i High & Intermediate School, 555 Fraser Ave., Lana‘i City, Dec. 17, 9 to 11 a.m.
MOLOKA‘I
Kulana ‘Oiwi Complex, 600 Maunaloa Highway, Kaunakakai, Dec. 17, 3 to 5 p.m.
Maui News reports:
Office of Hawaiian Affairs officials presented a proposed settlement to Native Hawaiians on Friday night in which the agency would receive $200 million in Honolulu real estate for revenue generated on Hawaiian monarchy lands.
But some of the approximately 50 people who attended the meeting at Maui Waena Intermediate School reacted with anger and distrust of OHA negotiating a deal with the state.
During a question-and-answer session, Foster Ampong said that having OHA, a state agency, negotiate with the state is like “a thief negotiating with itself.”
From Leon Siu…
Ke Aupuni Update
November 27, 2011
Keeping in touch and updated on activities regarding the restoration of Ke Aupuni o Hawaii, the Hawaiian Kingdom. Ua mau ke ea o ka aina I ka pono.
Celebrate Hawaiian Independence Day
Makawalu presents
Lā Kū’oko’a
Tomorrow, November 28, 2011 10am-2pm
at Kamakakūokalani Center for Hawaiian Studies
UH Mānoa
WHAT IS Lä KŪ’oko’a?
In the Kingdom of Hawai’i, November 28 was an official holiday called Lā Kū‘oko‘a, or Independence Day. This was the day in 1843 when England and France formally recognized Hawai’i’s independence.
Faced with the problem of foreign encroachment of Hawaiian territory, His Majesty King Kamehameha III deemed it prudent and necessary to dispatch a Hawaiian delegation to the United States and then to Europe, with the power to negotiate treaties and to ultimately secure the recognition of Hawaiian Independence by the major powers of the world.
From: Puakea Nogelmeier [mailto:puakea@hawaii.edu]
Sent: Wednesday, November 23, 2011 1:28 AM
Subject: ‘Ike Ku’oko’a
Aloha no,
I am hoping that you’ve already heard noise about ‘Ike Ku’oko’a, the Hawaiian newspaper initiative, and if so, here’s an update. On Monday, Nov. 28th, we (kakou) launch an ambitious volunteer effort to typescript the 60,000 remaining pages of Hawaiian-language newspapers, finally making all the available pages searchable. La Ku’oko’a (Nov. 28) seems to be the perfect time to begin, and July 31, La Ho’iho’i Ea, a good time to end. It will take 200,000 volunteer hours, just over 3 hours per page, to get the job done, but compare that to the ten years dedicated to getting the first 15,000 up on the web.
That decade of work highlighted the importance of these newspapers, and now there’s an enthusiastic response from here in the islands and places afar, with Hawaiians and supporters of Hawaiian culture and history stepping up to make something wonderful happen – together. No language skill necessary, so everyone can participate. By La Ku’oko’a of next year all 75,000 pages of Hawaiian newspapers that have been found so far (of more than 125,000 pages printed) will be up and searchable – all at once. Initiated by Awaiaulu and carried out by thousands, near and far, it’ll be a remarkable success and a historic effort. Please be a part of it. Log on and learn more at www.awaiaulu.org – and share the idea with others.
Star-Advertiser reports that
The state and Office of Hawaiian Affairs are in discussions on an agreement to settle past due amounts owed to OHA from ceded lands payments.
The agreement, which would be subject to public meetings and legislative approval, would involve the state offering land in Kakaako to OHA.
[…]
Under terms of the settlement, the state and OHA would agree that $200 million represents a reasonable compromise to settle disputed claims, the governor’s office said in a news release. To satisfy the $200 million claim, the state is conveying “contiguous and adjacent parcels in Kakaako Makai” near Waterfront Park, including Fisherman’s Wharf. […]
In exchange, OHA will “release, waive and discharge and and all claims that it, and any other person or entity, might make to ceded lands receipts,” the news release said.
Larry Geller at Disappear News blog makes some interesting observations, noting that “The property appears to be all, or almost all, in the tsunami inundation zone,” and that “…the state is once again proposing to give substandard land in settlement of Native Hawaiian claims.”
But the larger issue I’d like to remind folks of is that “ceded” lands is a complete misnomer and historical falsehood.
The “Annexation” of Hawaii and the Origin of “Ceded” Lands
Cession: the formal giving up of rights, property, or territory, esp. by a state
Cede: give up (power or territory)
The following clauses from United States Public Law 103-150 (the Apology Resolution, Nov. 23, 1993) describe the origin of the so-called “ceded” lands:
Whereas, through the Newlands Resolution, the self-declared Republic of Hawaii ceded sovereignty over the Hawaiian Islands to the United States; Whereas, the Republic of Hawaii also ceded 1,800,000 acres of crown, government and public lands of the Kingdom of Hawaii, without the consent of or compensation to the Native Hawaiian people of Hawaii or their sovereign government
No consent and no compensation = didn’t ask, didn’t pay = stole
A letter dated March 12, 1898, the year of purported annexation, from United States Senator Caffrey stated:
“The present government of Hawaii, which undertakes to cede territory to the United States, has no title to the island, for the reason that their title is derived from the revolution instigated and carried to consumation by the United States Minister, Mr. Stevens. The revolutionists are not the representatives of the wishes of the people of Hawaii, and can convey no title to the sovereignty of territory, the control of which they have usurped.”
There was never a legitimate, legal cession, and there really is no such thing as “ceded lands.” No land or sovereignty of Hawai`i was ever legally ceded to the United States.
Only a treaty can legally affect cession or annexation of territory, and no treaty of annexation was ever ratified for Hawai`i. The United States Congress, in it’s military eagerness in the midst of the Spanish-American War, and as an extension of the Manifest Destiny philosophy beyond the American Continent, passed a unilateral joint resolution of annexation and in effect stole Hawai`i, in blatant violation of the U.S. Constitution and international principles and laws.
This is the basis of the state of Hawai`i’s claim to these lands, and the United States’ claim to the entire archipelago. (For information on why the statehood process was invalid, see Is Hawaii Really a State of the Union?.) These so-called “ceded” lands have for decades been leased to various non-Hawaiian and foreign entities with virtually no benefit to the Native Hawaiian People.
In 1978 the Office of Hawaiian Affairs (OHA) was created in a state Constitutional Convention, to receive 20% of revenues from so-called ceded lands to benefit the Native Hawaiians. OHA has provided some beneficial programs for the Hawaiian people and land, but has also been criticized for ineffective management of funds. But OHA is itself a creation and part of the state government, so settling a claim between OHA and the state over so-called ceded lands is the state negotiating with itself over land that it has no legitimate title to in the first place.
These lands do not belong to the de facto state, they belong to the Hawaiian national population, and the further disenfrachisement of their birthright is just further perpetuation of the injustices which are acknowledged in the Apology Resolution, traced all the way back to the illegal 1893 intervention and 1898 start of the prolonged illegal occupation, the tangible impacts of which very much persist to this day.
Sorry I’ve been missing in action for a while there, I had some trouble with the host where my wordpress blog is located and I couldn’t add any new posts, but it appears to be straightened out again. So stay tuned, posts will continue….
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