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HAWAIIAN CONSTITUTIONAL CONVENTION

COLONIALISM IN HAWAII

"I never knew what this was."

Colonialism, as the Tribunal Komike states, "is foreign domination, subjugation and exploitation of another people's country. It undermines a people's national identity, traditions, and culture." (1998) Hawaii has undoubtedly been dominated by the United States for a century and a half, our people and resources subjugated and exploited. An important part of that subjugation was the taking away of our 'olelo maoli – our real language.

Kenyan author Ngugi wa Thiong'o explains that, "economic and political control can never be complete without mental control." (Ngugi 1986, 16) This mental control is achieved through, "the destruction or deliberate undervaluing of a people's culture, their arts, dances, religions, history, geography, education, orature (oral traditions), and literature, with the conscious elevation of the language of the colonizer." (Ngugi 1986, 16)

When the U.S.-identified oligarchy ended Hawaiian language public schools in 1986, they ripped out the bridge to our kupuna, the bridge of our understanding of ourselves as a people with a proud past. A generation then grew up for the first time ignorant of the language and mo'olelo of their grandparents who lived through the devastating losses in epidemics, denigration of all their customs, and loss of their Nation. Ngugi has called this experience a cultural bomb. "The effect of a cultural bomb is to annihilate a people's belief in their names, in their languages, in their environment, in their heritage of struggle, in their unity, in their capacities and ultimately in themselves. It makes them see their past as one wasteland of non-achievement and it makes them want to distance themselves from that wasteland." (1986, 3)
-- compiled by Nalani Minton and Noenoe Silva


REFLECTIONS OF OUR PAST

"1897 Petition Against Annexation, 1945 U.N. Political Process, 1996 N. H. Political Process"

I. The Hui Aloha - Ku'e – Petition Against Annexation 1897 – 1898

  • 21, 269 petition signatures against annexation stopped the Treaty of Annexation

  • President McKinley signed the Newlands Joint Resolution that provided for the annexation of Hawaii. Through the Newlands Resolution, the self declared Republic of Hawaii ceded sovereignty over the Hawaiian Islands to the United States.

II. 1945 to 1959 – U. N. Political Process (United Nations Decolonization process)

  • United Nations Charter – Article 73 Non Self-Governing Territories

    Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:

    a. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;

  • A Non-Self-governing territory can be said to have reached a full measure of self-government by: (a) emergence as a sovereign independent state, (b) free association with an independent state; or (c) integration with an independent state.

  • August 1959 – The Admissions Act - A plebiscite for Statehood; "Shall Hawaii become a State of the Union, or remain a U.S. Territory?"

III. 1996 Native Hawaiian Constitutional Convention (Political Process)

  • In July of 1993, Governor Waihee created the Hawaiian Sovereignty Advisory Commission (HSAC) and appointed 21 members to this commission. The responsibility of HSAC in a nutshell was for the commissioners to get educated first, then present, inform and educate the native Hawaiian community including bringing in political, economic, social and cultural expertise to us. After most of the work was done by HSAC, it became the Hawaiian Sovereignty Elections Council (HESC).

  • In 1995, a question was posed to the Hawaiian community, "Shall we send delegates to a Native Hawaiian Constitutional Convention", well, over 25,000 Hawaiian voters said yes. Elections were set-up and 8,900 Hawaiian voters elected over 70 delegates to the Constitutional Convention. Two years later, majority of the delegates see, Independence as the form of government. Senator comes into the picture.

  • Senator Inouye appoints 20 or more Delegates of the NHCC, to sit on his newly created federal task force. Out of that task force came the birth of the Akaka Bill. At the same time OHA stops funding the Native Hawaiian Constitutional Convention. Remaining delegates try to keep the political process moving forward, but to no avail. Native Hawaiian Constitutional Convention dissolves.


IMPACT OF THE APOLOGY RESOLUTION 1993 – 2008

"Hawaii State Supreme Court Injunction Forces Native Hawaiians to Form a Government"

1. The Apology Resolution, United States Public law 103-150 – November 23, 1993

  • Reversal of the 1898 Newlands Joint Resolution

  • Whereas clauses – Findings of fact and law by U.S. Congress

2. Hawaii State Supreme Court Injunction – January 31, 2008

  • Apology Resolution, Force of Law

  • Ceded lands (crown, government and public) cannot be sold, exchanged or transferred until native Hawaiian claims are resolved through a "political process."

3. Appeal to the United States Supreme Court – April 2008

  • It bars the State from prudently managing more than 1.2 million acres of state owned land – 29% of the total land area of the state and almost all the land owned by the state.

  • By basing its decision primarily on federal law (Apology) the Hawaii Supreme Court improperly insulated its decision from any state-level political check.

  • The federal Apology Resolution would trump any new state legislation to restore the state's land transfer authority

  • The injunction will continue to hold the state hostage to the Hawaii Supreme Court's deeply flawed analysis of the federal Apology Resolution.

4. Declaration and Petition of the Hawaiian Constitutional Convention 2008

  • Spiritual, Moral and Humanitarian support

    pule, oli and prayer

  • Community Outreach

    networking, locally, nationally and internationally

  • Communications, Public Relations and Media

    snail mail, telephones, facsimile & e-mail

    radio, television, newspapers, brochures, newsletters & flyers

    support locally owned, newspapers, programs etc.

  • Monetary and Legal Support

    financial, goods and services

    attorney, pro bono

  • Petition Drive

    sign up to volunteer, support and participate


WE MUST ACT NOW

The Importance of the Hawaiian Constitutional Convention

"Dejavu, History Repeats Itself, Support and Participate in the Political Process of 2008"

Whereas, the fear of losing grants and entitlements for not supporting government programs or legislation, is the biggest threat and obstacle facing the native Hawaiian people (Kanaka Maoli) to freely determine the form of government of their choosing.

Whereas, the native Hawaiian people recognize that, a Hawaiian Constitutional Convention is a political process that ensures their political, economic, social and educational advancement, their just treatment and protection against abuses.

Whereas, the native Hawaiian people, will need a substantial period of time in which they can engage freely, and without fear of threat or intimidation, in the processes of educating themselves. They need the freedom to publicly debate amongst themselves, the various options of self governance available to them. It is imperative that they also have meaningful access to the mainstream news media in Hawaii.

Whereas, the Hawaiian Constitutional Convention will automatically protect and preserve the Sovereignty of the native Hawaiian people over their National and Ancestral Lands.

Let it be known to All peoples, governments, financial institutions, multi national corporations, and affiliated entities, throughout the World, that the native Hawaiian people proclaim their right of self-determination, in accordance with Article 1 (2) of the United Nations Charter as well as the recent Hawaii State Supreme Court Injunction, on January 31, 2008.

Be It Resolved That We, the undersigned native Hawaiian and non native Hawaiian people, Hereby Declare the Hawaiian Constitutional Convention in Session, on this, 27th day of May, 2008 @ 8:PM.




INSTRUCTIONS: Please fill out petition properly, for clear future reference, Mahalo!

1. Print Name in gray box & Sign Name in white box below.

2. Island/District – print island in gray box & district in white box below.

3. Phone Number – print phone number in gray box, second number in white box below.

4. All Ages Eligible – Print age in gray box, if Hawaiian ancestry place check √ by name.

-SAMPLE BELOW-

Name Please print clearly & sign below, if Hawaiian ancestry place (√) by name Island / District Phone Age
1. Kupaianaha OAHU 259-0000 20
     Kupaianaha Waimanalo    
2. Sanford B. Dole HAWAII 123-4567 110
     Sanford B. Dole Volcano    






IMPACT OF THE APOLOGY LAW

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Bumpy Kanahele Photo
"I have dedicated my life to addressing the long-standing issues and concerns of our people. I do this for, 'The Love of Country' and to secure the foundation of our Future."
-- Pu'uhonua D. K. Kanahele


HAWAIIAN
NATION
BUILDING


NATIONAL
(ceded)
LANDS


CON-CON INFORMATION

LEGAL FOUNDATION
OF THE
NATION OF HAWAII

UNITED NATIONS DECOLONIZATION
1985 PDF


OHA

REQUEST FOR OHA
FINANCIAL DISCLOSURE

(updates)

LINGLE APPEALS RULING

SUPREME COURT DECISION


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Updated: Jul 16, 2019

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