Thu - July 2, 2009July 4th events at Palace "Restoration of the Nation: Looking to the Future"July 3, 4, and 5,
2009
Iolani Palace Grounds PLEASE BRING YOUR OWN CHAIRS Restoration of the Nation: Looking to the Future Join us as we kukakuka to identify our common values, Reconnect to our ancestors, and Vision the future of a restored nation! SPECIAL EVENT! Oahu premier of Catherine Bauknight's film Hawaii - A Voice for Sovereignty Saturday, July 4, 1 pm, Kanaina Bldg. Honoring our own independence! Friday & Sunday, Noon - 5 pm (informal talk story in the evenings) Sunday @ 9 am: Site/work visit to Kaniakapupu, Kamehameha III's Summer Palace Parking on the Palace grounds (no meter payment required) For more information call 938-9994 or 284-3460 Posted at 04:40 PM Permalink Noho Hewa T-ShirtsDate: Thu, 25 Jun 2009 23:51:44
-1000
Subject: New "Noho Hewa" t-shirt design-- order one TODAY! Please fwd. From: keala kelly <keala.kelly @ gmail.com> Aloha Kakou: "Noho Hewa" is almost pau and will be available by the end of August. In the mean time, the first of several new t-shirt designs is available for pre-order. They should be in-hand by July 4th, or soon thereafter, just in time to celebrate the American empire's declaration of liberation from the British empire. This shirt was designed to visually symbolize what the U.S. presence in Hawaii has meant for Kanaka Oiwi, and with the hope that it will inspire Ku‘e. If there was ever a time for Hawaiians to resist, it is now. Mahalo nui to Ed Greevy for shooting the photo, Shane Pale for the original design, Donna Burns for initiating the final phase and layout, Leio at Rival Tees for the final artwork, and of course, to Mana Caceras, the courageous kane who agreed to represent, quite literally, the oppression of the Hawaiian people. Please go to www.nohohewa.com to order the shirt and forward this email to everyone you know. I only need to sell about 10,000 t-shirts and 8000 DVDs to break even! A hui hou, malama pono, Keala ![]() Posted at 03:44 PM Permalink Tue - June 30, 2009Hawaiian independence - restoration, not secessionPatri Friedman with the Let a Thousand Nations Bloom
blog contacted me about a "Secession
Week Blogging" series for the July 4th
week.
It is understandable that folks tend to think of Hawaiian independence as "secession" because for those unfamiliar with Hawaii's unique history, it appears to be a state of the United States seeking to be removed from the union, like secession movements in "other" states. But it is very important to understand that Hawaii cannot secede, because it was never ceded. There was never any lawful cession of Hawaii's sovereignty or territory to the United States, therefore there cannot be secession. Those seeking to restore Hawaii's effective independence are very explicit in avoiding the term "secession." This is more than just semantics. It goes to the heart of Hawaii's true history and legal status. As Dr. Keanu Sai puts it: Confusing "cession" for "occupation" is tantamount to confusing "adoption" for "kidnapping." This is not a case of semantics, but ignorance of the legal and political history of Hawai'i. Legally, the Hawaiian Kingdom, fully recognized in the 19th century as a member of the world family of nations, has continued to exist as an independent state (in the international sense of the word, state = country), but under prolonged occupation. So it isn't a matter of seceding from a mutual and legal union, but of ending the illegal occupation of Hawaii and restoring the effectiveness of the government of the occupied state. It is more similar to the Baltic states under the former Soviet Union, which are referred to as "restored states," than it is to states in the U.S.A. Dr. Sai's recent article in Ka Wai Ola O OHA (Office of Hawaiian Affairs newsletter), while not directly about "secession," addresses the myth of what are erroneously called "ceded lands" here that were recently the subject of a U.S. Supreme Court case. The historical/legal perspective showing that these lands were not "ceded" also explains that there was no "cession" of sovereignty or territory and therefore there can be no "secession." For a good presentation of Hawaii's history put in simple terms in a context of imperialism, check out The Pinky Show: Hawaii vs. U.S. Imperialism. One primary source document that I really encourage folks to read is President Cleveland's address to Congress in December 1893 concerning the situation in Hawaii, based on "an accurate, full, and impartial investigation to [....] of the facts attending the subversion of the constitutional Government of Hawaii" commissioned by the president and conducted by Hon. James H. Blount. It is a profound and eloquent statement not just on Hawaii's situation, but on the principles and obligations of the conduct of the U.S. in the world family of nations, which could easily be applied to some current and recent events elsewhere in the world. Also worth reading is the 1993 U.S. Apology Resolution. While it contains some factual errors (e.g. referring only to Native Hawaiian population when the citizenry of Hawaii was multi-racial with many naturalized and native-born citizens who were not Native Hawaiian), it is the official admission against interest of the United States, admitting that the intervention of 1893 was "illegal" and that the so-called annexation of 1898 was done "without the consent of or compensation to" the national population or lawful sovereign government of Hawaii. In the senate debate over this resolution, Senator Slade Gorton (R-WA) stated that "...the logical consequences of this resolution would be independence." Another noteworthy document is a 1988 Office of Legal Counsel opinion put out by the Reagan Department of Justice regarding "Congress’ Power to Assert Sovereignty over the Territorial Sea." After reviewing Hawaii's situation, the opinion states that, "It is therefore unclear which constitutional power Congress exercised when it acquired Hawaii by joint resolution." When the DoJ seeks to determine which constitutional power was exercised to acquire Hawaii, and concludes that it is "unclear," the clear implication of that is that there was actually no constitutional power exercised. The acquisition of Hawaii was not only not legal and valid under international law, it was not constitutional either, and the DoJ is essentially admitting as much. For those who may be interested in digging deeper in the details of Hawaii's history and legal status from a scholarly perspective, I recommend checking out the various articles at the Hawaii Journal of Law and Politics put out by the Hawaiian Society of Law and Politics (HSLP) at Univ. of Hawaii, and reading Dr. Sai's doctoral dissertation, "The American Occupation of the Hawaiian Kingdom: Beginning the Transition from Occupied to Restored State," which provides a thorough review of Hawaii's political and legal history and a strategy to restore the administration of Hawaiian Kingdom law. Finally, for some observations on the social/political difference between Hawaii's independence and the secessionist movements in Alaska and the United States in general, check out a blog post I made last year during the U.S. elections when Republican VP candidate Sarah Palin's husband was associated with the Alaskan Independence Party. Update: Here's Friedman's post which quotes and refers back to this post. Posted at 11:22 AM Permalink Sun - June 28, 2009Coffman's "Nation Within" republished and retitledTom Coffman has republished Nation Within,
first published in 1998, but he changed the subtitle from "The Story of
America's Annexation of the Nation of Hawaii" to "The History of the American
Occupation of Hawai`i." In his note
on the second edition, he
says:
Where annexation connotes legality by mutual agreement, the act was not mutual and therefore not legal. Since by definition of international law there was no annexation, we are left with the word occupation.Nation Within(xvi).pdf
You can purchase from Native Books Hawaii. Posted at 10:44 PM Permalink Fri - June 26, 2009Uncle Ed Lindsey passes awaySo long Uncle
Ed...
From the Maui News: Edwin "Ed" Lindsey Jr., "a steadfast champion and leader in protecting Maui's aina and its important cultural landscapes," died Wednesday morning at his family residence in Lahaina. He was 70. Back in 94-95 during the Ohana Council and Nation of Hawaii formative days, Uncle Ed regularly attended our 'aha kupuna and shared his wise mana'o, and through the years always stood pa'a for independence, educating everyone he worked with or otherwise encountered about the true history of Hawaii. He was also just a dear friend who we always enjoyed hanging out with and laughing with. Our love and prayers go out to Puanani and the rest of his ohana. Posted at 08:30 AM Permalink Thu - June 25, 2009"Hawaii A Voice for Sovereignty" wins Audience award for Best Hawai'i film at 2009 Maui Film FestivalPress
release: Catherine Bauknights' documentary "Hawaii A Voice for
Sovereignty" won the Audience award for Best Hawai'i film at the 2009 Maui
Film Festival.
“Hawaii A Voice for Sovereignty” premiered on Sunday, June 21st at the Maui Film festival at the beautiful Wailea Beach under the stars and had a supportive local Hawaiian audience of approximately 400 people attend. The film was preceded by the short film "Power" which comes from Al Gores organization "The Climate Project" which complimented the themes of renewable energy in Hawaii. The audience was touched by many emotions and treated to a sense of revelation about how the Hawaiians lived and were able to understand the history of Hawaiians since the takeover and what their struggles are today to avoid extinction. The film garnered a favorable review in the Maui Weekly and writer Paul Janes Brown said “I think “Hawaii A Voice for Sovereignty” Hawaiian should be required viewing for every school child in Hawaii and every tourist should see it on the plane” Currently “Hawaii A Voice for Sovereignty” is in talks for a theatrical release in Los Angeles, New York and Hawaii and is touring the film circuit. Posted at 08:09 AM Permalink Wed - June 24, 2009Ira RohterUniversity of Hawaii political science professor
Ira Rohter has passed
away. When I first returned to Hawaii after college in the early 90s
and started getting involved in politics and issues, Ira Rohter's book A Green
Hawaii: Sourcebook for Development Alternatives was a big
influence on my vision of what Hawaii could become. I worked with Ira through
the Green Party for a couple years and was always inspired by his passion and
vision. Rest in peace, Ira.
Posted at 06:55 AM Permalink Hawai‘i, A Voice for Sovereignty reviewMaui Weekly has a good review
of the "Hawai‘i, A Voice for Sovereignty" film that premiered Sunday at
the Maui Film Festival.
Posted at 05:34 AM Permalink Sat - June 20, 2009Hawaii A Voice For Sovereignty premieres at Maui Film FestivalPress
release:
Maui Film Festival has announced that it will host the public world premiere of “Hawaii A Voice for Sovereignty”, a documentary by award winning photojournalist Catherine Bauknight. This epic documentary will be showing as a Special Sunday Surprise film at 8:00pm on Father's Day Sunday, June 21st at the Solar powered SandDance Theater on Wailea Beach (below the Four Seasons Resort Maui at Wailea). Hawai'i A Voice For Sovereignty Posted at 10:46 AM Permalink Fri - June 19, 2009Why is Hawaii a target?AP report:
A Japanese news report said Thursday that North Korea may fire its most advanced
long-range ballistic missile toward Hawaii in early July.
While the newspaper speculated the Taepodong-2 could fly over Japan and toward Hawaii, it said the missile would not be able to hit Hawaii's main islands, which are about 4,500 miles (7,200 kilometers) from the Korean peninsula. But they're sending missile interceptors to protect us. So... why is Hawaii a target again? ![]() Posted at 12:49 AM Permalink Thu - June 18, 2009Archival clippings leading up to 1959 "Statehood" votekillstatehood.com has started putting up some archival 1959 newspaper
clippings leading up to the June 27 statehood vote in Hawai`i.
"According to the massive amount of material about the coming statehood
plebiscite published (in particular) by The Honolulu Advertiser, the "Territory"
of Hawaii was already a state. This mislead the electorate and grossly
influencing the outcome."
Posted at 09:44 PM Permalink Fri - June 12, 2009Akaka bill hearing reportAdvertiser reports
on the Akaka Bill hearing in the House yesterday.
Posted at 07:37 AM Permalink Tue - June 9, 2009House hearing on Native Hawaiian recognitionWell after yesterday posting the article that said
"it hasn't been scheduled for committee hearings yet" here's a committee hearing
scheduled this week...
The House Natural Resources Committee holds a hearing this Thursday on H.R. 2314, the Native Hawaiian Government Reorganization Act of 2009. The hearing takes place at 11am in Room 1324 of the Longworth House Office Building. It will be broadcast on the Internet. Committee Notice: Full Committee Legislative Hearing On H.R. 2314 (June 11, 2009) Witnesses: Panel 1 The Honorable Mazie K. Hirono U.S. Congresswoman, Hawaii 2nd District Panel 2 The Honorable Micah Kane Chairman Department of Hawaiian Homelands Kapolei, HI The Honorable Haunani Apoliona Chairwoman Office of Hawaiian Affairs Honolulu, HI Ms. Gail Heriot Commissioner U.S. Commission on Civil Rights San Diego, CA Mr. Michael Yaki Commissioner U.S. Commission on Civil Rights San Diego, CA Mr. H. Christopher Bartolomucci Partner Hogan & Hartson Washington, DC Posted at 03:40 PM Permalink Mon - June 8, 2009Akaka bill not likely to be heard soonAP article
via the Maui News says the bill could be approved this year, but hasn't
been scheduled for any hearings yet and is unlikely to be heard before the
August recess as Congress deals with other pressing issues.
Posted at 10:51 AM Permalink Tue - June 2, 2009Book: "Hawaii - The Fake State: a nation in captivity"This book was brought to
my attention, hadn't heard of it before and don't know anything else about it,
but passing it on FYI... (Paperback,
Kindle
edition, PDF
version)
Hawaii - The Fake State: a nation in captivity by Aran Alton Ardaiz An expose of U.S. corruption and occupation of a foreign nation in violation of International Law with legal documents proving there is no Hawaii Statehood in the Union of States. ![]() About the Book The book comes from an evaluation of findings after more than twenty eight years of political review and lawful study; investigation and determining facts of law; and, of actual events and of unlawful actions by the Federal United States Government; its deceptive and fraudulent claim over a foreign, sovereign and "neutral" nation; actual evidence of misleading legal documents of false claim for a Statehood in the American Union of States that does not lawfully exist and that can never exist. It is a revelation of past historical events with supporting documentation revealing to a new generation of Americans and Hawaiian Citizens on how they have lost their birth names and birthrights, as well as their Citizenship as "Private Citizens" within their respective nations. How they have been deviously removed from their birth State's Constitutions and "State's common-law" and their National Constitutions (of the American Republic of States and of the Hawaiian Kingdom) to a lesser Washington D. C. "Federal Emancipated Slave citizenship" (14th Amendment) under Article 1 Section 8 of that very same Constitution of the American Republic and its Union of States. Posted at 05:59 AM Permalink Sat - May 23, 2009OHA's "Community Consultation Summit" rescheduled for August 8From an email sent out by OHA: "The Community Consultation
Summit planned for May 30, 2009 at the Hawaii Imin International
Conference Center has been rescheduled. The new date will be August 8, 2009 at
the Sheraton Waikiki. Official letters have been sent to those groups on our
mailing list."
Posted at 10:10 AM Permalink Osorio responds to ceded lands settlement, continuation of caseAdvertiser article:
University of Hawai'i-Manoa Hawaiian Studies Professor Jonathan K. Osorio will continue the legal fight to block the state from selling ceded lands, even as the Lingle administration, the Office of Hawaiian Affairs and three other plaintiffs in the case appear to be close to a settlement. And his full response a blog entry on an Advertiser blog, which is well worth reading in it's entirety, but here is the concluding graf: When the US Supreme Court’s opinion remanded the case back to Hawaiʻi, I concluded that we needed to fight this case again, arguing even more strenuously than ever that the Crown and Government lands are the property of the Hawaiian Nation and that the US permanent control over it is unlawful. OHA and the other plaintiffs chose to dismiss the suit in exchange for state legislation which, in my opinion, simply emphasizes the State’s possession of these lands and maintains the fiction that our national claim is limited or unobtainable. It is my belief that we should attempt to secure this injunction once more in the Hawaiʻi courts and require the United States to call forth or create the law that dispossesses us. That, at least, would clarify our relationship with America and bring forth the patriots who will lead us home. Posted at 09:52 AM Permalink Tue - May 12, 2009The Statehood PlebisciteStatehoodHawaii.org blog has a good essay on
The
Statehood Plebiscite just published today, using numbers and charts to
debunk the assertion that 94% of Hawaii’s citizens voted for
statehood.
Also check out the write up on last week's Ho’opunipuni: Myth of Statehood panel in LA. Posted at 10:22 PM Permalink "Colonial Citizens: Discussion on the Legacy of Hawai'i Statehood" panel video"The Place of Hawai'i in American Studies" series,
panel on "Colonial Citizens: Discussion on the Legacy of Hawai'i Statehood" with
Karen Kosasa, Dean Saranillio and Keala Kelly. UH Manoa, May 8, 2009.
(h/t to Pono for posting the videos.) Posted at 08:10 AM Permalink Sat - May 9, 2009Previous version of Akaka Bill reintroduced with gaming prohibitionThursday, Hawaii's congressional delegation
reintroduced the version of the Native Hawaiian Government Reorganization Act
(aka Akaka Bill) approved by the full House and by the Senate Indian Affairs
Committee in 2007. "The version contains a specific prohibition on gaming by a
native Hawaiian governing entity that would be created by the measure."
Advertiser story,
Star-Bulletin story.
Posted at 05:54 AM Permalink Fri - May 8, 2009Native Hawaiian Recruitment for Law SchoolTime: May 16, 2009 from 8:45am to
12pm
Location: William S. Richardson School of Law - Classroom 1 Organized By: Ka Huli Ao Ka Huli Ao Center for Excellence in Native Hawaiian Law is continuing the effort to increase the number of Native Hawaiians admitted into the William S. Richardson School of Law. Ka Huli Ao will accomplish this by providing classes to prepare aspiring law school applicants for the Law School Admission Test (LSAT). This program has shown to be successful. Applications are due May 15, 2009. Posted at 05:13 AM Permalink Wed - May 6, 2009State, OHA, 3 plaintiffs settle ceded lands suitAdvertiser reports:
A deal on the sale of ceded lands was reached yesterday. Posted at 09:50 PM Permalink Independence sentiment in the statesDaily Kos has been doing some interesting polling.
And despite being a progressive/left site, their polling outfit is respected as
being politically
unbiased.
In Texas, 48 percent of Republicans (and 35 percent overall) would prefer Texas to be an Independent nation. In Georgia, 43 percent of Republicans (and 27 percent overall) want independence. These were state polls, so they asked these two questions in their weekly national poll. Do you think the state that you live in would be better off as an independent nation or as part of the United States of America? In general, independence sentiment is, not too surprisingly, markedly stronger regionally in the south, and among Republicans. Hawaii's situation is very different historically/legally from any "other" state, and very different politically in terms of the make-up of the independence sentiment (much more a product of the progressive/left than the conservative/right like elsewhere), so I think there's probably very little parallel here overall, but it sure would be interesting to see these questions asked in Hawaii with a large enough sample size to break out the results from the rest. My guess is that it would be relatively high overall, and tend more Dem than Republican compared to other states. Posted at 12:50 PM Permalink The Place of Hawai'i in American StudiesFriday, May 8, "The Place of Hawai'i in American
Studies" series is putting on an event at the Center
For Hawaiian Studies at UH-Manoa. David
Stannard will be giving a keynote address for this event, and there is
a panel called "Colonial Citizens: Discussion on the Legacy of Hawai'i
Statehood." Karen Kosasa, Dean Saranillio and Keala Kelly are on the panel. The
event begins at 3:00 p.m.
[Personal note: I majored in American Studies (and English) at Tufts and perhaps somewhat ironically, when I returned to Hawaii after graduation it really helped me understand Hawaiian history from a Hawaiian viewpoint, and gave me some good perspectives and tools to do the work I have done supporting the independence movement as well as other cultural/environmental work on the community/ahupua'a level.] Posted at 08:39 AM Permalink Capitol Hill screening of "Hawaii: A Voice For Sovereignty"Press
Release from
PRLog:
Hawaii A Voice for Sovereignty, the first of its kind documentary about the native Hawaiians plight to preserve their culture and its connection to the land and their spirituality will have its world premiere on June 4th, 2009 on Capitol Hill in the stunning new Capitol Visitor Center ( CVC) .This epic documentary contains rare interviews, 2005-2009 with Native Hawaiians such as Professor Haunani-Kay Trask, one of Hawaii’s Native leaders and scholars, Senator J. Kalani English, Willie K, Grammy nominee and award-winning musician Na Hoku Hanohan, and grass roots voices of the people throughout the islands. To learn more about Hawaii A Voice for Sovereignty visit www.catherinebauknight.com Posted at 06:44 AM Permalink Sun - April 19, 2009Dr. Sai "The Myth of Ceded Lands: A Legal Analysis" videoCheck out the video
of the "The Myth of Ceded Lands: A Legal Analysis" lecture by Dr.
Keanu Sai in Kona as part of the Puana Ka 'Ike Lecture Series on March 19.
Posted at 11:17 AM Permalink Fri - April 17, 2009Texas Gov talks secessionThe governor of Texas is alluding
to
secession.
In a state that once was its own nation, a Republican governor who talked about secession without completely dismissing the idea has Democratic lawmakers in an uproar. Gov. Rick Perry, in comments following an anti-tax "tea party" Wednesday, never did advocate Texas breaking away from the United States but suggested that Texans might at some point get so fed up they would want to leave the union. These are the same people who come here to Hawaii and talk about conquest and how Hawaiians should all be glad to be Americans. Now they're out of power 3 months and they're ready to talk secession lol. But I find it interesting, in watching the coverage of this, how vastly different the Hawaiian independence restoration movement is in character from the secessionist movements in America. On the surface, to an uninformed observer, they may seem similar, wanting what most think of as a state to no longer be a state. Historically and legally there are parallels, but there are important differences (including the fact that in Hawaii it is not "secession" because there was never a legal cession in the first place). But from a sort of political/idealogical perspective, the basic difference is this: In America, it is a product of the right; in Hawaii, it is much more a product of the left. Earlier I went off on this observation in more depth. Posted at 12:09 PM Permalink Thu - April 16, 2009OHA summit with independence leadersOffice of Hawaiian Affairs is planning a
"Community Consultation Summit" to be held May 30, 2009 "with those leaders of
self-defined governments and Hawaiian independence advocates who agree to
attend."
Here's a couple PDFs related to the summit. Cover letter and survey: DOC041609.pdf Agenda: DOC041609-001.pdf Posted at 10:03 PM Permalink Wed - April 15, 2009Nobel nominee to speak Monday at MACCFrom
the Maui News
KAHULUI - A man who was nominated for the Nobel Peace Prize and a Native Hawaiian cultural practitioner and educator at the University of Hawaii-Hilo will appear Monday at the Maui Arts & Cultural Center to discuss how the global economy affects residents in local communities. Poster and More info... (both PDFs) Update 4/16: Maui Time Weekly has a good article on the event. Posted at 08:54 PM Permalink Tue - April 14, 2009Ke'eaumoku Kapu responds re Ka'apuni Torch MarchKe'eaumoku Kapu responds to some letters in the
Maui News that were critical of the E Ka'apuni A Ho'a Kukui Na Moku'aina,
torch march around Maui, and discusses the followup to the march and the issues
affecting
Maui.
Posted at 01:52 PM Permalink Ho'opunipuni: The Myth of Statehood screening & panel in LAHO'OPUNIPUNI: THE MYTH OF
STATEHOOD
http://www.statehoodhawaii.org/txt/view_hoopunipuni.html When: Monday, May 4th, 6pm-10pm Where: National Center for the Preservations of Democracy 111 N. Central Ave, Little Tokyo, Downtown LA FREE screening and event sponsored by Visual Communications, KA HĀ and Statehood Hawaii **Please print attached PDF for distribution** ho'opunipuni-mail.pdf • Kekuni Blaisdell, M.D. - Professor Emeritus of Medicine at University of Hawai'i, Mānoa, and Covenor, Kanaka Maoli Tribunal Komike • Richard Falk - Professor Emeritus of international law and practice at Princeton University, and United Nations Rapporteur in the Occupied Territories • Maivan Clech Lam - Associate Director and Professor of Law, Ralph Bunche Institute for International Studies, CUNY • Jon Kamakawiwo'ole Osorio, Ph.D - Director, Center for Hawaiian Studies, University of Hawai'i, Mānoa • Kuhio Vogeler, Ph.D - Political Science, University of Hawai'i, Mānoa • Paul Kealoha Blake (Moderator) - Director of East Bay Media Center Five scholar/activists confront the myth of statehood in Hawai'i and present the complexity of Hawai'i's relationship with the United States in the world today. This year marks the 50th anniversary of Hawai'i statehood, a landmark event that suggests hula dancing, parades, and luaus. On the contrary, the subject of statehood is a highly controversial one and this panel will introduce the history, struggle, and perspective on independence and decolonization. A free event sponsored by Visual Communications as part of their Silver Jubilee Asian Pacific film festival in Los Angeles, April 30-May 07 2009. For more information visit: http://www.statehoodhawaii.org/txt/view_hoopunipuni.html http://statehoodhawaii.org Posted at 10:13 AM Permalink Sun - April 12, 2009The myth of ceded lands and the state's claim to perfect titleDr. Keanu Sai has a piece in Ka
Wai Ola O OHA April newsletter on "The myth of ceded lands and the state's
claim to perfect title." Here's the opening and conclusion, read the rest for
the
explanation:
In the recent ceded lands hearing at the Supreme Court in Washington, D.C., on Feb. 25, Attorney General Mark Bennett repeatedly asserted that the State of Hawai'i has perfect title to more than 1 million acres of land that were transferred to the United States government upon annexation in 1898 and then transferred to the State of Hawai'i in 1959. This is an incorrect statement. ... Posted at 07:30 AM Permalink Thu - April 9, 2009Donate LifeOn a personal off-topic note, as many of you know
Kekula was the fortunate recipient of a liver transplant in 2001 and is only
here because of one woman and her family who gave the ultimate gift. April is
National
Donate Life Month, and I'd like to draw your attention to a new
website launched by the Organ Donor Center of Hawaii,
an online organ donor registry on www.donatelifehawaii.com.
The spirit of giving has long been a fundamental part of Hawaii’s culture. Today, Hawaii residents can continue in this tradition of generosity by choosing to help the hundreds of local residents who are waiting for a life-saving organ transplant. Donate Life Hawaii is an online registry that allows Hawaii residents to declare their choice to donate life by being an organ and/or tissue donor. Donate Life Hawaii offers a new opportunity to make your decision known. Your selfless decision to donate organs and/or tissues may help end the needless suffering of the nearly 100,000 patients currently waiting for a life-saving transplant, as well as their families and loved ones. The site has an FAQ that dispels most myths about organ donation. Go register as a donor today. ![]() Posted at 07:54 AM Permalink Settlement proposed for "ceded" landsAdvertiser reports:
Under a settlement proposal, the lawsuit over the sale of ceded lands would be dropped in exchange for an agreement by the Lingle administration to obtain a two-thirds vote of approval in both houses of the Legislature before it could move forward with any sale of the lands. Posted at 07:21 AM Permalink Tue - April 7, 2009Title Insurance and Land Ownership in HawaiiKeanu Sai is doing a repeat presentation on the
topic "Title Insurance and Land Ownership in Hawaii" on Easter Sunday, April 12,
at 6 pm. Join us in-studio at the Palolo Olelo Studio next to Jarrett School
Cafeteria. Seating is limited. Parking on the
street.
Call for more info. Lynette Cruz 284-3460 Posted at 08:09 AM Permalink Mon - April 6, 2009New video "The Akaka Bill: Creating a Nation or Erasing It"Up and coming film group Ho`ona`auao Productions
just completed their first documentary, "The Akaka Bill: Creating a Nation or
Erasing It." The 24-minute film features interviews with everyone from Bill
Burgess to Oswald Stender to Kekuni Blaisdell to Keanu
Sai.
"The film presents the issue objectively and asks you, the viewer, to come to your own conclusions." It was sponsored by Hawaii People's Fund and the Hawaii Community Foundation. It will be broadcasted on public television, at film festivals, and at public events in the coming months. Meanwhile, you can watch it on YouTube in 3 parts: For more info contact: Trevor Atkins Ho`ona`auao Productions 1654 Ke`eaumoku St. Honolulu, HI 96822 akakafilm @ gmail.com Posted at 03:03 PM Permalink Reinstated Government members sentenced in Kaho'olawe trespass caseMaui News reports:
Three members of a Native Hawaiian sovereignty group were each ordered to perform 25 hours of community service after being found guilty Friday of illegally entering the Kahoolawe Island Reserve in 2006. Posted at 03:02 PM Permalink Fri - April 3, 2009Dr. Sai: Legal Fiction in the SCOTUS DecisionRec'd via
email...
Date: Fri, 3 Apr 2009 From: "Keanu Sai, Ph.D." Subject: Legal Fiction in the SCOTUS Decision Aloha mai kakou: On more than a few occasions, I have been asked to share my views of the recent decision by the U.S. Supreme Court regarding the Ceded Lands case. Especially because my Ph.D. is in Political Science and that I specialized in International Relations and Public Law, with particular emphasis on the legal status of the Hawaiian Islands since the eighteenth century to the present. My expertise is also in Hawaiian land tenure and title research, and if anyone is interested in understanding what actually took place with Perfect Title company and my so-called felony conviction of attempted theft of land you can download “Establishing an acting Regency…”, pages 1-25, which will also be published together with my dissertation in book form. I also have an article titled “The Myth of Ceded Lands and the State’s Claim to Perfect Title” on page 12 of the April 2009 issue of Ka Wai Ola newspaper. So here are my thoughts on the recent decision by the U.S. Supreme Court. When the case was initiated in 1994, Bill Meheula and Hayden Aluli represented four native Hawaiians, Pia Aluli, Jon Osorio, Charles Ka`ai`ai and Keoki Ki`ili, to block the transfer of title from the State of Hawai`i to C. Brewer, a developer of the Leali`i (Lahaina, Maui) and Kealakehe (Kona, Hawai`i) housing projects (Kealakehe was later transferred to the Hawaiian Homes called La`iopua). The argument was that the 1993 Apology resolution placed a cloud on title, until reconciliation and settlement took place between native Hawaiians and the State over the overthrow. OHA was not initially a part of the suit. In fact, OHA was a party with the State and the developers, where a percentage of the revenues from the sales would go to OHA as part of the 20% revenues derived from ceded lands. Bill approached the Trustees in September of 1994 and stated that the apology resolution changed the circumstances and that if OHA did not sue the State with Bill's clients they would be sued for breach of trust. OHA joined in with the suit against the State and both filed suits in November. With OHA entering, the case became much more complicated. When the case was finally heard in 2002, it was because of OHA that the State won because of certain legal doctrines, one of which was the doctrine of estoppel. The circuit court stated that the suit cannot be maintained because OHA was estopped [precluded] from suing the State because of the agreement it previously had with the State and the reliance of the State on that agreement to develop and sell the property. The case was then appealed to the Hawai`i Supreme Court whereby the 1993 Apology resolution overrode the estoppel position of the circuit court decision. The Hawai`i Supreme Court reversed the trial court decision and issued an moratorium on the sale or transfer of Leali`i and other Ceded Lands. The case then went to the Supreme Court of the United States (SCOTUS), which did two things: (1) it removed the cloud on the State's title; and (2) affirmed that the Apology resolution was just an apology and nothing else. In order to remove the State's cloud on title, the SCOTUS had to first create a “legal fiction,” which according to Black's Law Dictionary, is an “assumption of fact made by court as basis for deciding a legal question. A situation contrived by the law to permit a court to dispose of a matter.” Another definition of legal fiction is “An assumption that something occurred or someone or something exists which, in fact, is not the case, but that is made in the law to enable a court to equitably resolve a matter before it.” And according to Encyclopedia Britannica, it is “a rule assuming as true something that is clearly false. A fiction is often used to get around the provisions of constitutions and legal codes that legislators are hesitant to change or to encumber with specific limitations.” Legal fictions are used by Courts to promote fairness and equity in cases that come before them. It’s not supposed to be used to promote and maintain fraud. Therefore, in order for the Court to remove the cloud of title of the State of Hawai`i and get around the fact that there was no treaty of cession transferring Government and Crown lands (aka ceded lands), even from the so-called republic of Hawai`i, it had to create a legal fiction. In the synopsis of the SCOTUS decision on page 1, this is how the Court created the legal fiction. “After the overthrow of the Hawaiian monarchy in 1893, Congress annexed the Territory of Hawaii pursuant to the Newlands Resolution, under which Hawaii ceded to the United States the "absolute fee" and ownership of all public, government, and crown lands. In 1959, the Admission Act made Hawaii a State, granting it "all the public lands...held by the United States," §5(b), and requiring these lands, "together with the proceeds from [their] sale...[to] be held by [the] State as a public trust," §5(f).” The legal fiction lies in the fact that a Congressional joint resolution is not a conveyance from a grantor to a grantee as with a treaty of cession or a deed transferring property, but rather a unilateral claim to a foreign country’s territory. The Court even reinforced the unilateral aspect of the Newlands Resolution when it stated “under which Hawaii ceded to the United States the absolute fee.” In other words, the Court created a legal fiction that contrived a deed of cession, under and by virtue of the Newlands Resolution, which is the same as a grantee who did not receive any lands from a grantor, contrived a deed for himself. But why didn’t OHA challenge the State’s ownership and in the oral hearing before the SCOTUS practically agreed with Bennett about the State's claim to fee ownership? Well the reason is quite apparent, because if it did challenge the State's ownership of the so-called Ceded Lands, it would no doubt include challenging the 20% revenues of Ceded Lands that goes to OHA as prescribed by the 1978 State of Hawai`i Constitution. It would also throw a monkey wrench in the ongoing negotiation of settlement of past revenues owed to OHA since 1978, which was settled by agreement with the Lingle administration on January 19, 2008, but killed by the 2008 State Legislature. The settlement is still being negotiated. The legal fiction of a contrived deed of cession by a joint resolution, however, did not in any way remove the cloud of title over the State of Hawai`i, and from a land title abstractor’s position, if there was no treaty ceding Hawaiian territory to the United States, the State of Hawai`i cannot claim to have any more title to the Government and Crown lands in 1959 than the United States could in 1898 by a joint resolution. There is no such thing as Ceded lands except in “Legal Fiction.” From the beginning of the case, it appears that the inclusion of OHA in the suit clearly complicated the initial complaint brought up by Pia Aluli, Jon Osorio, Charles Ka`ai`ai and Keoki Ki`ili, but the positive aspect of the case, however, is that it has opened a dialogue for people to begin to ask the right questions and become more eleu (aware)!!!! Like Thomas Pynchon stated in his book Gravity's Rainbow, “If they can get you asking the wrong questions, they don't have to worry about answers.” Of foremost importance, however, is how to remedy a complex problem that has severe legal, political and economic ramifications. This is precisely what has driven my work for the past fifteen years and the completion of my dissertation titled “American Occupation of the Hawaiian Kingdom: Beginning the Transition from Occupied to Restored State.” We are on the path to recovery. Mahalo, Keanu Sai, Ph.D. Posted at 01:45 PM Permalink Wed - April 1, 2009Tue - March 31, 2009U.S. Supreme Court says state can sell ceded landsBreaking
news from the
Advertiser:
The Supreme Court ruled today that a congressional resolution apologizing for the overthrow of the Kingdom of Hawaii in 1893 did not strip the state of its authority to sell or transfer about 1.2 million acres of land. Posted at 07:32 AM Permalink Mon - March 30, 2009Felony charges dropped for 6 of 7 defendants in Iolani Palace takeoverBreaking
news from the
Advertiser:
Felony charges against six of seven defendants charged in last year's takeover of Iolani Palace were thrown out of court this morning. Posted at 01:26 PM Permalink Airdates for special programs on 'Olelo Ch. 53All on Olelo
Channel 53, and here's the live
stream for those not on
O'ahu.
Hawaii and the Law of Occupation 4/23/09 Thu 8:00 am 4/24/09 Fri 8:00 am 4/25/09 Fri 10:00 pm 4/30/09 Thu 10:00 pm Rethinking Statehood 4/25/09 Sat 12:00 pm 5/1/09 Fri 8:00 am 5/14/09 Thu 10:00 pm 5/16/09 Sat 10:00 pm Rethinking Statehood: Non-Hawaiian Perspectives 5/2/09 Sat 12:00 pm 5/8/09 Fri 8:00 am 5/21/09 Thu 10:00 pm 5/23/09 Sat 10:00 pm Rethinking Statehood: Radical Education 5/9/09 Sat 12:00 pm 5/15/09 Fri 8:00 am 5/28/09 Thu 10:00 pm 5/30/09 Sat 10:00 pm Rethinking Statehood: Looking Beyond Statehood 5/16/09 Sat 12:00 pm 5/22/09 Fri 8:00 am 6/4/09 Thu 10:00 pm 6/6/09 Sat 10:00 pm Seized, Not Ceded Lands 4/23/09 Thu 11:00 am 5/29/09 Fri 10:30 pm Posted at 05:26 AM Permalink Fri - March 27, 2009Kawananakoa blasts OHA and DHHLAbigail Kawananakoa criticizes OHA and DHHL at
Prince Kuhio Day event, KGMB has report and
video. She "also spoke out on the ceded lands controversy. She says
she has the proof to show Hawaiian land was never given to the United States and
plans to go to Washington DC to argue her case to the Supreme
Court."
Posted at 08:54 PM Permalink Thu - March 26, 2009New Version of Akaka Bill introduced with gambling banAdvertiser reports
that Akaka has introduced a new version of his federal recognition bill that
specifically bans gambling, even though the bill would not have allowed gambling
in Hawaii anyway regardless, because a "tribe" can only have gambling in a state
that allows some form of gambling in the first place. (I'm opposed to legalized
gambling in Hawaii, but this is an example of how anything under the Akaka bill
is far from true "sovereignty"). Star-Bulletin also mentions
.
Posted at 06:39 AM Permalink Mon - March 23, 2009"More Fish in the Sea" Festival on MauiCheck out this great ad, and if you live on Maui
and care about the ocean (that should be redundant) check out this event, and
folks coming from other islands too. Being put together by some great people who
are working with us on various marine protection and restoration issues and
initiatives out here on the east side and around the
islands.
![]() Check out the website at morefishhawaii.com. Join the Cause and Group on Facebook. Posted at 07:07 PM Permalink Sun - March 22, 2009Sat - March 21, 2009NY Times: Superferry's Military ConnectionsSpeaking of military
ties with the Superferry, the New York Times focuses its story on
that
connection...
HONOLULU — The Hawaii Superferry made its final interisland voyage last week, capping a period marked by lawsuits, low ridership and suspicion that its ultimate purpose had more to do with military contracts than with connecting the Hawaiian islands. Posted at 10:50 PM Permalink Aupuni Hawaii legal noticeFYI, legal notice issued by Aupuna
Hawaii last month.
Posted at 06:24 AM Permalink Fri - March 20, 2009The State of the Birds 2009 - calls attention to the crisis in HawaiiI just came back today from a hike to plan a
feral animal control fence that we're building in Kipahulu.
The State of the Birds 2009 News Release March 19, 2009 Key Findings Summary Secretary Salazar Releases Study Showing Widespread Declines in Bird Populations, Highlights Role of Partnerships in Conservation Washington, D.C. – Secretary of the Interior Ken Salazar today released the first ever comprehensive report on bird populations in the United States, showing that nearly a third of the nation’s 800 bird species are endangered, threatened or in significant decline due to habitat loss, invasive species, and other threats. [...] The report, The U.S. State of the Birds, synthesizes data from three long-running bird censuses conducted by thousands of citizen scientists and professional biologists. In particular, it calls attention to the crisis in Hawaii, where more birds are in danger of extinction than anywhere else in the United States. [...] “Habitats such as those in Hawaii are on the verge of losing entire suites of unique bird species,” said Dr. David Pashley, American Bird Conservancy’s Vice President for Conservation Programs. You can download the full report here (PDF) Read page 26-27 for the feature on Hawaiian birds. Saving Hawaii’s Birds • Restoration and protection of mid-elevation forest is essential for the recovery of endangered species such as `Akiapola`au, Hawai`i and Maui `Akepas, and Hawai`i Creeper. • A highest priority action with the greatest potential benefits for native birds is the fencing of habitats to exclude feral ungulates. Posted at 10:53 PM Permalink |
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Published On: Jul 02, 2009 11:52 PM |
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