The Akaka Bill defines "Native Hawaiians" as "indigenous to the United
States," and, therefore, like American Indians and Alaskan Natives, wards
in/of a domestic dependent nation under the plenary power of the US
Congress. We object strongly to that language and implications. We Kanaka
Maoli are not indigenous to the US. The Akaka Bill purposefully puts us in
this category of "indigenous people" subject to the rule of settlers who
control our country. While we refuse to be so categorized, we are
indigenous to our homeland, Ka Pae'aina Hawai'i.
Our nation, as the Constitutional Hawaiian Kingdom since 1840, was first
officially recognized by the U.S. in 1842 and by Britain and France in 1843.
We were the first non-Western country to be so recognized.
Three major crimes against our people and nation by the U.S. followed:
(1) 1893 U.S. "armed invasion" and overthrow of our monarchy in support of
the local haole Dole self-declared Committee of Safety, which became the
Dole Provisional Government and then the Dole Republic of Hawaii of 1894.
(2) 1898 U.S. illegal military occupation and annexation by US Congressional
Resolution promoted by "manifest destiny" jingoism of the Spanish American
War, in spite of our ancestors' official Ku'e (protest) Petitions, and
(3) 1959 U.S. fraudulent statehood admission process.
These three major US crimes were exposed in our Aug 1993 Peoples'
International Kanaka Maoli Tribunal with calls for US to recognize our
Kanaka Maoli inherent sovereignty, right to self-determination and return of
all claimed lands without delay.
The timely Nov 1993 US Congress Apology Resolution (PL 103-150) three months
later acknowledged:
-and apologized for the 1893 US role in the overthrow of our Hawaiian
monarchy and recognition of the conspirators' Provisional Government in
violation of treaties and international law;
-through the 1898 US Congress Newlands Resolution, the self-declared
Republic of Hawaii ceded sovereignty over the Hawaiian Islands and 1.8
million acres of our Hawaiian Kingdom crown, government and public lands to
the US, without the consent of, or compensation to, our indigenous people or
government;
-our people never relinquished our claims to our inherent sovereignty over
our national lands to the US;
-the health and well-being of our native people is intrinsically tied to our
deep feelings and attachment to our land;
-long-range economic and social changes...have been devastating...to the
health and well-being of our Hawn people;
-our native people are determined to preserve, develop and transmit to
future generations our ancestral territory and our cultural identity in
accordance with our own spiritual and traditional beliefs, customs,
practices, language and social institutions;
-the historical significance of this event which resulted in the suppression
of our inherent sovereignty...and deprivation of our right to
self-determination...and;
-urges the President of the US to also acknowledge the ramifications of the
overthrow...and support reconciliation between the US and our Hawaiian
people."
The original Akaka Bill, in 2000, was a response to the U.S. Supreme Court
Rice vs. Cayetano decision against election of OHA trustees only by "Native
Hawaiians."
Subsequent lawsuits against Hawaiian Home Lands, Kamehameha Schools and OHA
as promoting "racial preference," and recent attempts by the Hawaii state
government to sell "ceded" (stolen Hawaiian Kingdom Crown and Government)
lands are considered urgent reasons by some natives for adoption of the
Akaka Bill. The proposed legislation authorizes US recognition of a "Native
Hawaiian Government" by the US secretary of interior. Thus, like American
Indian and Alaskan Native tribes, "Native Hawaiian entitlements" will,
presumably, be protected.
However, since "Native Hawaiians" will be required to negotiate with State
of Hawaii and US officials as "lesser sovereign Native Americans" in
continental US, the outlook for "Native Hawaiians" appears bleak, rather
than promising.
Accordingly, a growing number of Kanaka Maoli are committed to non-violent
independence via two main pathways under three main international laws:
(1) Under the International Law of Self-Determination, we Kanaka Maoli and
non-Kanaka descendants of Hawaiian Kingdom nationals have the right of
self-determination with re-inscription of Hawai'i on the UN List of
Non-Self-Governing Territories eligible for decolonization as we desire and
decide.
This will correct the fraudulent 1959 Statehood vote by UN oversight of
Kanaka Maoli and non-Kanaka Hawaiian Kingdom nationals choosing one of three
options: (a) independence, (b) remain US-incorporated or (c) free-association with the US or another nation state.
(2) The International Law of Occupation requires that the US occupier, since
1898, recognize and abide by the laws of the occupied nation--the Hawaiian
Kingdom. As Hawaiian Kingdom nationals, we have the right, with appropriate
international oversight, to compel the US to comply by supporting
restoration of our Hawaiian Kingdom government and de-occupying our
homeland.
(3) The International Law of Restitution assures US de-occupation of our
Hawaiian Kingdom and support, with our UN Right of Self-Determination, of a
democratic government, whether a Kingdom as previously, or otherwise.
On April 21, 2009, aware that new US President Barack Obama, during the 2008
presidential campaign had, not surprisingly, endorsed the Akaka Bill, we
Kanaka and non-Kanaka pro-independencists were delightfully surprised to
read in the Honolulu Star-Bulletin our Open Letter to Obama citing our
objections and urging him to:
(1) Request US Congress Democratic Party leaders withdraw the Akaka Bill.
(2) Begin redress by US agents meeting with Kanaka Maoli and other Hawn
Kingdom heir representatives to make findings of fact and conclusions of
international law that could serve as a road map for resolution of political
and legal issues between our two parties."
Kekuni Blaisdell
Convenor, Kanaka Maoli Tribunal Komike
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