While some kanaka maoli have pinned their hopes for federal recognition and reconciliation on the now-dead Akaka Bill, others have taken a very different approach. As they see it, Hawaii was an independent nation that the U.S. illegally overthrew and continues to illegally occupy. Since sovereignty was never relinquished, it need not be asked for, given back or granted, but simply reclaimed — reinstated — essentially picked up where it left off in 1893.
That’s the premise of the Reinstated Hawaiian Nation, which formed a provisional government in 1999. As I wrote in a 2007 article for Honolulu Weekly:
Since then, supporters have been working to establish the Kingdom’s authority to be recognized as the lawful government of Hawai’i. They drafted citizenship rules, registered voters and held two elections, in which [Henry] Noa was twice named prime minister. They also adopted laws and the amended Hawaiian Constitution of 2000, an updated version of the one in effect when the constitutional monarchy was overthrown.
The Nation also moved to establish its sovereign rights through a July 2006 occupation of Kahoolawe that was intended to stake a claim to all the lands owned by the Kingdom when it was illegally overthrown. In April 2009, a Maui District Court judge found Noa and two other Hawaiian nationals guilty of trespassing, while issuing the seemingly contradictory ruling that “the Defendants failed to prove the Reinstated Nation of Hawaii is a sovereign native Hawaiian entity and the Court lacks authority to make such a determination.” That ruling is now being appealed.
Meanwhile, the Nation has begun working directly with Maui County to establish its authority there. “We had provided legal notice to Maui officials informing them we had completed our process by reinstating our native government and we would begin exercising some of the rights basic to us as nationals and as a nation,” Noa told me the other day.
But the cops continued to “harass our nationals,” Noa said, prompting the Nation to send county officials citations warning them of ongoing human rights violations.
“They started accumulating a little too many violations and weren’t sure how to handle the situation,” Noa said. “I told them they need to acknowledge laws passed recognizing the violations of our people and the rights granted to us to build a sovereign nation. We were just fulfilling these sovereign obligations and we were being repressed for it.”
As a result of the discussions, the Maui County Council earlier this month passed a resolution (six in favor and three absent) in which it recognizes the laws that Noa was referencing: United States Public Law 103-150, Universal Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights of 1966, and the International Covenant on Economic, Social and Cultural Rights of 1966.
“It was a way of getting them to acknowledge that these rights actually exist and they should start respecting them,” Noa explained.
While it took two years to get the resolution approved, Noa said the process was meaningful because it served to educate county officials.
“The Council members finally came to realize what we as kanaka have been trying to do all this time in fulfilling the obligations set within the laws,” he said. “We want them to acknowledge it so we can have more meaningful discussions. It resulted in a deeper respect between county government officials and what we’ve been doing as far as reacquainting them with our political status. They’ve actually acknowledged that these laws are in existence, and that will affect how we’ll end up dialoging and communicating in the future.”
Re-establishing a nation is a slow process, especially when the occupying forces don’t want to provide recognition and instead attempt to buy folks off with shams like the Akaka Bill, which would throw kanaka some money while forever stripping them of their sovereign claims.
But it's all going according to plan, as I reported in a June 15, 2008 post after attending a session of the Nation’s legislature:
“They’re not going to give you your country back,” [Noa] told those who were assembled. “It all comes down to how we’re going to take our country back, how we’re going to peacefully reclaim what is ours. It is by law that we will achieve our goal. We have achieved all the requirements under international law to be recognized as a sovereign nation.”
Noa told me the other day that the Nation is now turning its attention to Kauai, where it will be asking the Council to approve a similar resolution. Here’s the wording of the resolution passed on Maui:
Title: Recognition of United States Public Law 103-150, Universal Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights of 1966, and the International Covenant on Economic, Social and Cultural Rights of 1966.
Whereas, the people of the County of Maui, of the State of Hawaii, of the United States of America, and of this world are born free with rights derived from the inherent dignity of the human person; and
Whereas, these inalienable universal rights are adopted and codified by the General Assembly of the United Nations in what is commonly referred to as the International Bill of Human Rights, which generally consists of the Universal Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights of 1966, and the International Covenant on Economic, Social and Cultural Rights of 1966. In addition to setting forth the rights of individuals, International Bill of Human Rights provides that each nation agrees to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the covenants, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status; and
Whereas, prior to the arrival of the first Europeans in 1778, the native Hawaiian people lived in a highly organized, self sufficient, subsistent social system based upon communal land tenure and that a unified monarchial government of the Hawaiian Islands was established in 1810 under Kamehameha I; and
Whereas, the United States recognized the independence of the Kingdom of Hawaii and extended full and complete diplomatic recognition to the Hawaiian Government; and
Whereas, in 1893, the then United States Minister assigned to the sovereign and independent Kingdom of Hawaii conspired with others to overthrow the indigenous and lawful Government of Hawaii and did depose the Hawaiian monarchy and proclaimed the establishment of a Provisional Government; and
Whereas, the United States Minister thereupon extended diplomatic recognition to the Provisional Government that was formed by the conspirators without the consent of the Native Hawaiian people or the lawful Government of Hawaii in violation of treaties between the two nations and of international law; and
Whereas, the native people of Hawaii were deprived of their inalienable universal rights with the overthrow of the Kingdom of Hawaii in January 17, 1893; and
Whereas, the United States of America recognized that the indigenous people of Hawaii never directly relinquished their right to their inherent sovereignty as a people, right to their lands, and right to their nation by the enactment of the Apology Resolution of 1993 adopted by both houses of the United States Congress, as is set forth as United States Public Law 103-150, Stat. 1510-14 of the 103rd Congress; and
Whereas, the Apology Resolution of 1993 acknowledged “theillegal overthrow of the Kingdom of Hawaii on January 17, 1893” as well as “the historical significance of this event which resulted in the suppression of the inherent sovereignty of the Native Hawaiian people”; and
Whereas, the Apology Resolution of 1993 further expressed the commitment of the United States to acknowledge the ramifications of the overthrow of the Kingdom of Hawai'i, in order to provide a proper foundation for reconciliation between the United States and the Native Hawaiian people, and
Whereas, the State of Hawaii also acknowledged the illegal acts and enacted Act 359 in 1993 entitled, "A Bill for an Act, Relating to Hawaiian Sovereignty" with its expressed purpose being “to recognize the unique status the Native Hawaiian people bear to the State of Hawaii and to the United States and to facilitate the efforts of the Native Hawaiian people to be governed by an indigenous sovereign nation of their own choosing".
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF MAUI as follows:
1. That all people of the world, of which the residents of the County of Maui and of the State of Hawaii are apart of, are born free and equal in dignity and rights. As members of the international community, there is an obligation to promote and encourage respect for human rights and fundamental freedoms for all without distinctions of any kind such as race, color, sex, language, religion, political and other opinions, all as enacted by the General Assembly of the United Nations set forth in the International Bill of Human Rights, that is fully recognized herein.
2. That the Apology Resolution of 1993 acknowledges that the overthrown of the Kingdom of Hawaii on January 17, 1893 was illegal and native Hawaiian people were deprived of these rights as a result. The Apology Resolution of 1993 further acknowledges that steps should be taken to support reconciliation between the United States and the Native Hawaiian people, which purpose is acknowledged herein.
3. That with the enactment of Act 359 in 1993 by our State, the unique status of the Native Hawaiian people was also acknowledged.
4. That the foregoing International Bill of Human Rights, Apology Resolution of 1993 and Act 359 are recognized and acknowledged. In furtherance thereof, it is acknowledged that steps must be taken to support the reconciliation efforts for the Native Hawaiian people.
5. As used in this Resolution, the terms “Native Hawaiian” and “Indigenous Hawaiian”, refers to the kanaka maoli people aboriginal to the Hawaiian Islands.
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29 comments:
Except that the kingdom that was overthrown was multi-racial.
The Reinstated Nation doesn't exclude non-kanaka
The Reinstated Nation doesn't exclude non-kanaka
“to recognize the unique status the Native Hawaiian people bear to the State of Hawaii and to the United States and to facilitate the efforts of the Native Hawaiian people to be governed by an indigenous sovereign nation of their own choosing".
That council meeting should make for some good viewing and interesting amendments.
I can only cringe as the council is forced to try to make the testimony comprehensible.
Of course they can refuse to put it on the agenda.
damn natives
“We had provided legal notice to Maui officials informing them we had completed our process by reinstating our native government and we would begin exercising some of the rights basic to us as nationals and as a nation,” Noa told me
Just so long as that doesn't involve driving on public roads without state drivers licenses or visiting Kahoolawe without a state permit.
Fantastic what Noa and the RHG are doing!
That resolution passed on Maui could be a good first step.
Would love to see something similar on Kauai. Rumor is its poised to pass.
And the law may promise restitution only to a native hawaiian government, but again, the RHG itself does not discriminate based on race.
Funny, Noa guys speaking of important international treaties and big concepts of law and human rights and the right/white rabble (probably not understanding half of the words) calls it incomprehensible. Hey Mr. "white power" - U just gotta read the resolution to comprehend it.
U stole it. U admitted it. U apologized. No give it back fucka. Only the american right is still so spun by propaganda that they can actually still defend the overthrow and resist reconcilliation.
News: Acceptance of the truth is the first step in making a healthy change. If your country is acting like a thief, fix it - don't excuse it on the theory that it can't be wrong since america did it.
Are you under the impression that "reconciliation" means giving the islands to a sovereign native entity?
Giving back some land would necessarily be required for reconciliation. How much land to return is a matter for debate. The State of Hawaii leg has already set aside Kahoolawe for return. Ceded lands are going to be where rubber meets road.
The County of Kauai tremble when they reflect that God is Just, that his Justice cannot Sleep Forever!
- from a Thomas Jefferson quote
I understand that several racially based entities vie for legitimacy. The question is whether a multi-racial sovereign entity with sufficient ties to the overthrown kingdom can be constituted. That would seem to be the only kind of entity deserving recognition.
"I can only cringe as the council is forced to try to make the testimony comprehensible.
"
Should read "public tTestimony"
OSS
Agreed. That is why Noa's approach is correct. A state-run OHA can't form a supposedly native hawaiian sovereign nation. Most experts in int'l law will tell you that a sovereign forms organically from the people - it does not eminate from a grant of power from another nation or worse, from an agency of a state in another nation.
But...if real Native Hawaiians with direct ties to the overthrown nation (aka Noa's guys - not OHA) re-organize their nation...and they themselves vote (as they did) to make/keep that a multi-racial nation - then there is a legitimate sovereign native hawaiian entity, legitimately born under internation and U.S. law, and which is not raced based.
Intellectually, the Noa approach is far more honest that the OHA / Akaka approach.
But "native Hawaiian" is a race-based measure. It seems the sovereign would have to drop the "native" and assert itself as simply a "Hawaiian" entity with its legitimacy based not on any racial classifications but on some colorable connection with the overthrown entity, outside of race.
if they were really sovereign, then it would be up to them whether to drop the term native from the name of their entity...
or whether to be race-based...
a paradox. The U.S. is using its own laws against race-based distinctions as a reason not to return Hawaii to native hawaiians. Wait, we know we stole it from native hawaiians, but it would be illegal for us to give it back to them under the circumstances......
a paradox. The U.S. is using its own laws against race-based distinctions as a reason not to return Hawaii to native hawaiians.
Not at all. It isn't US anti-discrimination law at issue, it's the fact that the overthrown Hawaii sovereignty was not a race-based sovereignty. It was a multi-racial entity. So sovereignty cannot be "returned" to a race-based sovereignty because that's not what was overthrown.
It has nothing to do with US law or anti-discrimination. It has to do with "reinstating" a multi-racial Hawaiian sovereignty.
so what? Maui County acknowledge already federal laws. okay. message received.
1:40 pm
- interesting and I agree. Technically, Act 359 and PL 103-104 etc are wrong in that they apologize to native hawaiians, when the apology should should be to the hawaiian kingdom.
This sstute distinction also adds credence to the Noa position, as they dont claim entitlement based on race, (like OHA has done) but based on recreating that government which was overthrown.
Maybe the US should start amending its laws to delete references and apologies to Native Hawaiians, and apologize and refer simply to the overthrown nation - and seek to reconcile with it - not them. Again adding credence to the Noa position.
...
This is a good dialog.
So I open up the MidWeek newspaper this week and see a pic of Dayne Gonzalves (Aipoalani is his mother's maiden name)who claims to be the "King" of the Kingdom of Atooi. These guys are so late on to the Hawaiian sovereignty movement scene without substance. How do they fit into this picture/discussion? The Reinstated Nation appears to have their facts in place. Thanks for bringing this topic to the discussion board.
"... kanaka maoli have pinned their hopes for federal recognition and reconciliation on the now-dead Akaka Bill, others have taken a very different approach."
They have decided that education and participting in the existing and evolving culture of present day Hawaii is the best way to preserve what they consider the most important facets of the culture.
You can have it both ways!
Just wondering, is the Reinstated Hawaiian Nation working at all with Dr. Keanu Sai? I understand through Dr. Sai that the nation should be reinstated to the government that was in place prior to the overthrow.
"Except that the kingdom that was overthrown was multi-racial."
Meaning multi non-white.
The same, essentially racist mindset was used by European colonialists against the inhabitants of any region they found to be of strategic economic interest: Native Americans, Sultanates of India, tribal kingdoms of Africa and the heathens of Hawaii.
Updated for our modern, media-savvy age, the mindset is alive and well today.
What an enormous waste of time
1) Those that stole it are dead
2) Those is was stolen from are dead
The rest of us have got to get along and live together. There's no way a 10-20% minority is going to be given 100% control over the whole unless the Hawaiian islands go back to being relatively worthless specs 3000 miles from anywhere and it de-populates back to 100K people living lifestyle similar to Samoa.
So either the separatists can create enough turmoil to destroy the economy or they can put their efforts into something productive.
"What an enormous waste of time
1) Those that stole it are dead
2) Those is was stolen from are dead"
I feel your frustration. These endless attempts to address the illegal overthrow of Hawaii get in the way of what the overthrow was designed to provide: increased control, the growth of development, and greater profits.
"There's no way a 10-20% minority is going to be given 100% control over the whole unless the Hawaiian islands go back to being relatively worthless specs 3000 miles from anywhere..."
Classic colonial mindset: a native culture's homeland is worthless as a source of profit without the control and development that begins with its takeover.
"So either the separatists can create enough turmoil to destroy the economy..."
There's that E-word again...
"...or they can put their efforts into something productive."
"Productive" as defined by the colonial culture, of course -- in this case, powering the treadmill of the tourism, real estate and military industries. As in other lands (where the profit producers of choice may be monoculture ag, mining or petroleum), Hawaii's colonial industry is extractive, non-renewable, immensely profitable for the colonial culture, and destructive for the native culture and its environment.
"Except that the kingdom that was overthrown was multi-racial."
Meaning multi non-white.
It wouldn't be a discussion of the meaning of Hawaiian sovereignty without a cookie cutter critique of western colonialism, which is itself a product of western intellectual tradition, but never mind.
Dawson can either deny it was a multi-racial society, or he can explain why he thinks a "reinstated" Hawaiian nation ought to be racially determined despite that the overthrown sovereignty was mutli-racial.
The US will abandon Hawaii when it no longer powers the treadmills of tourism, real estate development and the military. Sadly, that day will come when all of humanity, and not just the Hawaiians, is in jeopardy.
"Dawson can either deny it was a multi-racial society, or he can explain why he thinks a "reinstated" Hawaiian nation ought to be racially determined despite that the overthrown sovereignty was mutli-racial."
In fact, Dawson and everyone else have enormously more options for the discussion of this issue than those on your narrow, specious list.
"everyone else have enormously more options for the discussion ..."
Like what goes on the coinage and the great seal.
from George Hamilton aboard the Pandora. late 1700's
" Their war canoes are very large on which a platform is placed capable of containing from one hundred and fifty to two hundred men. But their taste in decorating the prow of their men of war plainly indicates they are much more versed in the fields of Venus than Mars, every man of war having a figure head of the god Priapus with a preposterous insignia of his order, the sight of which never fails to excite great glee and good humour amongst the ladies."
Happy new Year keep smiling...
"We now began to discover, that the ladies of Otaheite had left us many warm tokens of their affection."
"[The natives of Palmerston Island's] remote situation from European powers has deprived them of the culture of civilised life... ere the sacred finger of Omnipotence has interposed, and rendered our vices the instruments of virtue; and although that unfortunate man [Fletcher] Christian has, in a rash unguarded moment, been tempted to swerve from his duty to his king and country, as he is in other respects of an amiable character and respectable abilities, should he elude the hand of justice, it may be hoped he will employ his talents in humanizing the rude savages; so that, at some future period, a British Ilion may blaze forth in the south with all the characteristic virtues of the English nation, and complete the great prophecy, by propagating the Christian knowledge amongst the infidels. As Christian has taken fourteen beautiful women with him from Otaheite, there is little doubt of his intention of colonising some undiscovered island."
"One woman amongst many others came on board. She was six feet high, of exquisite beauty, and exact symmetry, being naked, and unconscious of her being so, added a lustre to her charms; for, in the words of the poet, "She needed not the foreign ornaments of dress; careless of beauty, she was beauty's self."
Many mouths were watering for her; but Capt. Edwards, with great humanity and prudence, had given previous orders, that no woman should be permitted to go below, as our health had not quite recovered the shock it received at Otaheite..."
-- George Hamilton, Surgeon of the Pandora, Whose Freudian Slip Showeth in All Things, Even as his Cup of Testosterone Runneth Over
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