Saturday, July 23, 2011

Musings: Rule of Law

The moon snuggled up to Jupiter, directly overhead, and then the rain came, softly at first, then steadily, and it stayed long enough to give all the plants a good drink. Afterward, the dogs and I went down to watch a blood red disk rise from a wind-dappled sea. It hovered for a short time on the edge of the sky before it disappeared into pearly, flat-bottomed clouds, sending silver-gold shafts up into the heavens and down into the water, illuminating boobies fishing on the horizon.

Henry Noa, Prime Minister of the Reinstated Hawaiian Government, tried to illuminate the Kauai Police Commission yesterday about some of the new laws affecting indigenous peoples, as well as concerns that the cops are acting improperly when they do stuff like confiscate ID cards issued by the RHG. Or to use Noa’s own words:

After all, your nation holds itself out as a nation based on the rule of law.

And that law now specifically directs all State and County departments, including the police department, to assist us in making Native Hawaiian sovereignty a reality. When rank and file police officers take actions that have the opposite effect, they violate the law. When the law directs you to assist us in achieving self-determination, but the police confiscate our government property and accuse our citizens of committing crimes, whenever we even attempt to exercise self determination, there can be but one conclusion. ……….. that…

Certain police are violating the very laws that they are sworn to uphold.

But commissioners, looking blank, didn’t want to hear it. In fact, as Noa was reading his well-crafted, and not especially lengthy, statement to the panel, Chairman Charles Iona interrupted and told Noa to cut it short, summarize. Cause ya know, they’ve all got more important things to do.

Noa did manage to share a few things, like how politically aware Hawaiians feel about the Apology Bill, signed 12 years ago by President Clinton:

Of all people, you as police commissioners can understand our frustration at being denied any sort of restitution even after the thief had admitted and apologized for stealing everything we had, even our nation. We find ourselves in the strange position of being perhaps the only victim of a crime in the United States, who has been told that the transgressor has pled guilty and admitted to theft, but that it gets to keep the spoils.

He also got into the United Nations Declaration on the Rights of Indigenous Peoples, which Obama signed last December, and how it guarantees certain rights that KPD is supposed to be protecting.

One especially interesting point, included in the written statement I received, dealt with Senate Bill 1520, which the guv signed into law just two weeks ago. Now, the bill was clearly intended to implement a sham “nation-building” process led by a state agency, Office of Hawaiian Affairs, but the RHG offered an intriguing interpretation of its own (emphasis in original):

That law recognizes the Native Hawaiian people as the aboriginal and indigenous people of these islands. In other words, we are the same people that the UN Declaration protects. It again, promises us sovereignty – but it goes further. It promises that our government is to have equality with your government. Indeed, Senator Solomon has stated that “This new law recognizes Hawaiians as equal partners”.

So all of these laws recognize our indigenous institutions to be equals with your institutions.

These are the laws. But what is happening on the ground, when we try to avail ourselves of these promises of self-determination tells a very different story.

When we attempt to have fundraisers for our nation building, we are met with aggressive officers and issued tickets for minor permitting violations.

When our citizens present their identification cards to the police, the cards are often confiscated.

When our government attempts to register its citizen’s motor vehicles, the registration papers are confiscated, the license plates are confiscated and our people are charged with crimes.

We cannot implement our nation building, and exercise the rights to self-determination that have been promised to us, if we are met with police resistance at every turn.

We are supposed to be treated as partners and not as a subjugated people. We are here to respectfully ask that your police department be instructed to consider whether they themselves might be violating the law when they confiscate our government property and arrest our citizens for asserting self-determination – when they are supposed to be acting as our partner in returning what was stolen.

Only Commissioner Thomas Ianucchi, who was pitching God on the radio the other day, had any questions. Actually, it was more like an explanation for why the RHG shouldn’t expect much from the Commission or KPD. And that’s because they all take their marching orders from the county attorneys and prosecutors, and so far, they haven’t said nuttin’ about any indigenous rights. As Ianucchi continued:

By all means, we can ask the chief to be more sensitive, we can ask him to educate the guys in how their dealings and what not like that, [sic] but by our charter we’re not allowed to…tell them what to do.

As far as complaints…I’ve seen only one come through. If you feel your property’s been stolen, we can review that, take a look, ask the chief to look into it. That’s the authority we have.

Actually, asking the chief to be more sensitive and educate the guys is part of what Noa wanted. As he noted:

It’s frustrating, because you’re trying to conduct yourself in an honorable manner and you’re not respected for it. I’m here today trying to see how the relationship can be improved.

But the Commission, well, it didn’t want to go there, which is why they hurried the RHG guys along.

Before they were shown the door, however, Kane Pa, speaker of our house of nobles for RHG, made an astute comment:

Everything we’re doing is based on law. Whether they want to respect that law is where there’s conflict.


Anonymous said...

Changing times.... Could be a little step in progress. Well played by Noa guys.

Anonymous said...

keep looking at the blinking lights in the distance...

legaleagles???not said...

Good coverage on this very complex yet simple (however it will be perceived) issue.
It will be different though because now all the laws that KPD formerly operated under are going to criss-cross with the overdue ʻrealʻ laws. And the ones that stand to lose will be the cops and the county.
Unfortunately all this is a wee bit over county attorneys heads.

During the meeting twice it was asked if Henry brought to other counties. See, thatʻs an admittance of the incompetence right there; it is necessary for someone else to go first before they will. Thatʻs not how itʻs supposed to be when you supposedly have advisory counsel on every stinking payroll to know these things that they even have ʻdegreesʻ for. These attorneys are shams and incompetents.

Implement. Implementation. All they need to do is do it. They are afraid of getting scolded for following what Henry so rightly says but I can tell you something, theyʻre going to get more than a scolding if they donʻt.

Ripe juicy stuff for some whopping lawsuits.
And watch them walk right into the traps. It will be entertaining stuff.

anonnerous said...

July 23, 2011 2:47 PM


Anonymous said...

Any Gov is supposed to be a unified whole, with an internally consistent set of laws, and yet we see one branch of government suing another (County of Kauai vs OIP which neutered OIP and yet the department still exists to issue "unofficial opinions". The hapless citizen it has been asserted breaks at least two laws a day! The Gov picks and chooses which, when, and against whom these laws are enforced. Since many laws directly contradict each other and devolve into "administrative rules" which are crafted and them implemented as "an executive decision on a case by case basis." So seeking justice from the justice system is playing the Govs game and in reality the game has contradictory rules and is without end. No question in any sane mind that the Hawaiians got ripped off and the crooks who did it have the law, power, guns, and money to defend their ill gotten gains.

Anonymous said...

"our (haawaiian) govn't to be the same as your (USA and state) govn't"

Well, the "our govn't" hasn't been properly established nor recognized per the new state law.

Therefore, without a state-recognized hawaiian government, there is no reason to honor any badges or assumed authority of any of the various hawaiian factions vying for recognition.

Anonymous said...

The state bill does not get any as-yet recognized hawaiian govn't out from under the fed's thumb.

Nor will it be allowed to go against the majority of state laws, either.

Anonymous said...

The Lawful Reinstatement will though. It answers only under International Law.
If the State is so confused it believes it can deem an entity sovereign or build a nation, well there you have it: they are mentally un-equipped to ponder these decisions proven by the foolʻs decisions and laws they have already made.

Anonymous said...

They won't ever have any more rights than indian tribes.

And we're so careful about upholding international laws...

Dream on...

Hawaiians will ever only get what the USA is willing to give them, and will never be completely outside fed/state laws.

To think otherwise is fantasyland.

Anonymous said...

As a Hawaiian, until there is a single recognized Hawaiian Government and not many splintered factions, and only then we can start building the true path to sovereignty. We have many Hawaiian Scholars out there that have expressed the same views I have so until then, I know I am a Hawaiian and it's on my birth record but I live on US soil and proud of it. So why blame KPD. What about HPD, MPD, and Big Island Police. They all face the same plight like KPD. They all agreed to uphold the laws of the United States. Until the US says that Hawaii is no longer part of the United States and it is its own sovereign state like the vatican, there's nothing that can be done for now.

Anonymous said...

Aloha No. I am a kanaka maoli and I am proud of it. I just celebrated my birthday and I was born in 1922. I finally got my college degree at age 65. I never once had any regrets of being a US citizen. I served my country proudly and was recognized for it. Now, the State of Hawaii has recognized that I am a Hawaiian. That's good enough for me. Mr. Noa and his group can say whatever they want to say but how come they haven't got the support of Kupuna's throughout the state? That says something. Everyone is entitled to their own belief but as long as you live in Hawaii and you pay taxes, also observe the laws and try not to make up your own.

Anonymous said...

"...a single recognized Hawaiian Government and not many splintered factions..."

I agree that until this happens nothing will proceed with the state.

However, getting this to happen could take decades, and by that time, even fewer people in the USA will care.

Unify (maybe), get your "reservations", create your "laws" subordinate to fed/state laws, of course, and get on with it.

Better yet, get over it and move on.

Anonymous said...

Who says the kupuna throughout the state donʻt support Henry Noa?

That was a rather thought-less statement to make because on the contrary he is well liked and honored for his efforts and education.Many kupuna realize the hardship that must be endured to see this to fruition and knowing they donʻt have the physical stamina to help they are there with Henry in heart, soul and prayers.

Sometimes people speak in such ways that they believe and would have others believe, that they are coming from a place of humility with their words; when in actuality theyʻre putting down a hard working kanaka that has sacrificed more than I have ever seen in my lifetime. Their words are flat their words are not pono.

Anonymous said...

"Until the US says that Hawaii is no longer part of the United States..."

What part of the world have you been living in?
The U.S. Congress signed into law admission that the U.S. does NOT own these lands: Public Law 103-150 (1993)check it out, paragragh 29.....if youʻre serious.

Anonymous said...

Congress signs lots of things into laws that never come to fruition or are changed down the road to suit the powers that be. Laws come and go and get changed.

What part of the world have you been living in not know that?

Hawaiians will get only what the USA allows them to get and only have laws the USA will allow them to have.

Forget complete and total separation from the USA.

Anonymous said...

I see from the comments that there are those on the left and those on the right. I am so proud of my Hawaiian heritage but I am also sad because there are those Hawaiians who wants immediate changes. I don't know if I'll ever see the day that our lands are given back but if not, I'm okay with it as well. The main thing we as Hawaiian make our case in a civil and obedient manner that when it is all said and done, we all must be pono with each other no matter what the outcome is.

Anonymous said...

July 26, 2011 10:34 PM

Laws come and go and never come to fruition?

Well I guess that could apply to the U.S. too, according to your theory.

Especially now that americans have demonstrated what greedy sloths they are and have bankrupted themselves by following lobotomized leaders, gee what does one say?

Anonymous said...

When has the USA ever given back anything other than indian reservations?

Sure, some states that were once one entity split into 2 states, Virgina and West Virgina being one example.

But we (the fed govn't) never allowed a state to secede from the union. Some tried that before and the Civil War put an end to that.

It's likely that Puerto Rico will become our 51st state. Many over there want that outcome.

American Virgin Islands? Not likely to become any one else's virgin islands.

Hope and dream all you will. Put false hope in int'l laws that we spurn at will.

Settle down and relax as "ethnic Hawaiians" identified race, not a political group...and remain good citizens of the USA.

Your hopes are right up there with other misguided hopes of monetary reparations going to the decedents of slaves.