This blog is about Hawaii's status as an independent country under prolonged illegal occupation by the United States, and the history, culture, law & politics of the islands.

By Scott Crawford, Hana, Maui

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Ke Aupuni Update

From: Leon Siu <leon@hits.net>
Subject: Ke Aupuni Update 09/21/12
Date: September 23, 2012 9:45:18 AM HST

Ke Aupuni Update
September 21, 2012

Keeping in touch and updated on activities regarding the restoration of Ke Aupuni o Hawaii, the Hawaiian Kingdom. Ua mau ke ea o ka aina I ka pono.

Aloha mai kakou,

This is to bring you up to date on some of the recent activities.
——-
Cleveland’s Grandson Visits
In early September, George Cleveland, the grandson of President Grover Cleveland visited Hawaii to participate in a series of events honoring the remarkable ties between Queen Lili’uokalani and President Cleveland — a bond created through their efforts to pursuepono for Hawaii in spite of adverse and disappointing circumstances. George Cleveland participated in formal honoring ceremonies at Mauna’ala, ‘Iolani Palace, Washington Place, St. Andrew’s Cathedral as well as several public meetings and seminars. Mahalo to the pacific Justice and Reconciliation Center, the Episcopal Diocese, the Forgiveness Project, the Kingdom of Hawaii and others who sponsored the visit and the activities to honor those who stood for pono for our nation.

——-
Onipa’a 2012
This year’s celebration of Onipa’a took place at ‘Iolani Palace grounds on September 2, the Queen’s Birthday. It was a very inspiring and encouraging time of stirring speeches, music, dance and various cultural and educational displays and activities. Next major Hawaiian Kingdom holiday: La Kuo Koa, November 28.

——-
Hawaiian Civic Clubs convention in Washington, DC
The Association of Hawaiian Civic Clubs is having its annual convention this year, October 14-21 at the J.W. Marriott Hotel in Washington, D.C. Yes, Washington D.C.! It is the first time an AHCC convention will be held outside of Hawaii. For information about the convention, go to:  http://aohcc.org/index.php?option=com_content&view=article&id=206&Itemid=139

——-
Ku’e Petitions headed to Washington
In conjunction with the AHCC convention, on October 15 and 16, a display of the names of thousands of our kupuna will appear on the National Mall facing the US capitol building in Washington, D.C. The display is our way to honor the valiant stand taken in 1897 by over 38,000 Hawaiians who signed petitions opposing annexation to the U.S. When delivered to the U.S. Congress, this clear expression of Aloha Aina by over 90% of the people of Hawaii succeeded in stopping the 2nd (and final) attempt by the U.S. to annex Hawaii through an actual treaty.

The clear message of “No Annexation” by our kupuna halted the treaty of annexation in 1897. But the next year, the US resorted to brazenly seizing Hawaii anyway, using “military necessity” as its justification, as it passed thousands of troops through Hawaii to fight the Spanish, and then the “insurgents” in the Philippines.

Ka Lei Maile Ali’i Hawaiian Civic Club is in the final stages of getting the Ku’e signs ready to be shipped. For more info please go to http://www.KaLeiMaileAlii.org  If you want to kokua, please contact Lynette Cruz at <palolo@hawaii.rr.com> or Piilani Kaopuiki at <hauoli83@hawaii.rr.com>

Ka Lei Maile Ali’i will also be presenting two performances of its dramatic reenactment, “The Queens Women,” of an 1897 meeting of Hawaiian patriots as they gathered to sign the Ku’e Petition. The reenactment will be performed twice, at:
1 PM on Sunday, Oct. 14 at the Museum for the Native American Indian, and
8 PM on Tuesday, Oct. 16 in the Garden Room at the J.W. Marriott–Washington D.C. (hotel), 1331 Pennsylvania Ave.

——-
Akaka Again?

Roll Commission
The Roll Commission derives from Act 195 passed by the Hawaii State Legislature in 2011. It is a regurgitation of the Akaka Bill scheme at the state (instead of the federal) level. In it, the State of Hawaii officially recognizes Native Hawaiians as the indigenous people of Hawaii and establishes a roll commission to qualify and register Native Hawaiians to participate in the formation of a future Native Hawaiian governing entity.

Like the Akaka Bill, it appears that the real purpose behind the Native Hawaiian Roll is to enlist “Native Hawaiians” who agree that the U.S. occupation of the Hawaiian Islands should continue, but with more self-determination “rights” given by the U.S. to enrolled Native Hawaiians. 

Five commissioners were appointed by Gov. Abercrombie, with (former) Gov. John Waihe’e as the chairman. Essentially it appears to be another registry (remember Kau Inoa?) with a few adjustments to the qualifications as to who can register. But the enabling legislation is hard-wired to allow only a form of nation-within-a-nation governance within the context of the US jurisdiction, much like the Native American tribal model. This arrangement will not allow for an outcome such as independence for Hawaii.

New Akaka Bill
Even though  it has no hope of passing, US Senator Daniel Akaka doggedly introduced yet another version of his failed Native Hawaiian Government Reorganization Act. Yes, it got through its first senate committee (chaired by Akaka himself), but from this point on, it is dead in the water.

The new Akaka bill is trimmed down and reworded to support the state legislature’s Native Hawaiian Recognition/Native Roll (see item above), which in turn, is a slimmed down, knock-off of Akaka’s previous federal proposals. Both the federal and state initiatives are intended to prolong the U.S. occupation of the Hawaiian Islands.

——-
Regarding Foreign Affairs
Progress at the UN
We continue to make marked progress at the UN in Geneva in 1) advancing the cause for Hawaii’s independence, 2) expressing solidarity with other peoples with similar aspirations, and 3) supporting human rights for all peoples. Meetings in August with UN committees and diplomats from various states indicate that we should soon be seeing significant movement of our petitions and filings as they move to other mechanisms higher up in the UN system. Our focus will now be shifting to key committees of the UN General Assembly in New York.

Keanu Sai’s Filing at UN General Assembly
In a surprise action, according to an August 10 press release:

“…the Ambassador-at-large and Agent for the acting Government of the Hawaiian Kingdom, H.E. Dr. David Keanu Sai, Ph.D., filed with the President of the United Nations General Assembly at United Nations headquarters in New York a Protest and Demand against the United States of America concerning the prolonged occupation of the Hawaiian Islands since the Spanish American War of 1898, and 172 member-States of the United Nations. All the named States in the Protest have treaty relations with the Hawaiian Kingdom either as States or as successor States to their predecessor. There are forty-six (46) States and one hundred twenty-seven (127) successor States that have treaty relations with the Hawaiian Kingdom…”

Essentially, the Protest and Demand is asking 172 member states of the UN to disavow recognition of the U.S. claim of sovereignty (jurisdiction) over the Hawaiian Islands. If the states respond to this request, the US would stand all alone with its claim of sovereignty over Hawaii. The exposure of the US’ fraudulent claim on this international level would force the U.S. to relinquish that claim over Hawaii, leaving the Hawaiian Kingdom free to reassert and resume its rightful station.

While it’s a great idea, as written and submitted, the filing relies totally on the good graces of the 172 UN member states to magnanimously, out of the goodness of their hearts, all chose to “do the right thing” and take a stand for justice for Hawaii. Unfortunately, the prevailing practice at the UN is to not make any moves that may adversely affect one’s self interest. Thus, states only act if they are absolutely compelled by law to do so or if they had some kind of irresistible incentive (self interest) to do so.

Perhaps the Protest and Demand should be amended citing international laws and UN principles and mandates compelling states to respond to the demands… and/or a major lobbying effort would need to be launched to convince states that it would be in their best interest (a good incentive) to respond favorably to the demands being made by the filing.

——-
Key Court Victories
There were some surprising rulings in August marking an amazing turn-around in the courts of the de facto State of Hawaii.

Na Wai Eha
On August 15, 2012 the Hawaii State Supreme Court handed a broad-based alliance of farmers, environmentalists, the native Hawaiian community and others a landmark victory regarding water rights in the central valley of Maui. For over a hundred years water from four streams (Na Wai ‘Eha) were diverted for mono crop (sugar and pineapple) mega plantations, leaving barely a trickle for the traditional farmers and villages downstream. Not enough to maintain traditional crops, livelihoods and lifestyles.

Farmers, environmentalists and the native Hawaiian community have been pleading for decades for more water. Most of the big plantations are gone now, but the state water commission still refused to release waters back into the streams, continuing to divert it for the new mono-cropage: tourism, golf courses and luxury home developments.

The recent State Supreme Court ruling against the Hawaii Commission on Water Resources Management says that the commission must take into account and provide access to water for farming and other traditional uses. This will have a profound effect not only for Maui but throughout the islands. For the people of Hawaii, this is a legal turning point with the potential to reverse the century long practice of starving and displacing our people by cutting off our access to water. If water was to be returned back to the streams starting now, it will have a profound impact on the health and well-being of our people and our communities in rebuilding the nation.

Iwi Kupuna stops the rail
On August 24 the Hawaii State Supreme Court sided with Ka’anohi Kaleikini (and attorneys from the Native Hawaiian Legal Corporation) in her suit against the Honolulu rail project. The ruling stopped the rail project from proceeding because the city had not complied with the law requiring a complete Environmental Impact Statement be filed before starting construction of the project. Mahalo and congratulations to Ka’anoi for this major victory, and for continuing to stand to protect our ‘iwi kupuna. Hopefully, the success of this lawsuit will translate to better protection of other burial sites and sacred places that happen to be inconveniently lying in the way of “progress.”

Mauna Ziona
This is huge! Norman Keana’aina, et al, won a landmark case against the state! The Hawaii State Supreme Court vacated an earlier ruling by a District Court that the Mauna Ziona Church property in Kona belonged to the state. Mauna Ziona presented official documents issued by the Hawaiian Kingdom and argued that not only did the church have lawful title based on a Royal Patent, but that the State of Hawaii had no lawful jurisdiction to rule on the matter. The State Supreme Court agreed.

In the August 31, 2012 ruling State Supreme Court says:  “… we conclude that the District Court abused its discretion in denying MZC’s request to set aside entry of default and that MZC raised a sufficient question of title to divest the District Court of jurisdiction. Accordingly we vacate the Final Judgment (of the District Court) and remand the case with instructions that it be dismissed for lack of jurisdiction.” (parenthetical content added)

This is a profound victory for the Hawaiian Kingdom regarding the issue of jurisdiction. (The ruling is attached)

Mauna Ziona appeal (PDF)

Malama pono,
Leon Siu

3 comments to Ke Aupuni Update

  • 4myohana

    nice to hear that K L M A Civic Club headed to Washington D C to share some aloha… NO TREATY OF ANNEXATION… Ku’e Petitions 2012

  • Ken Ng

    Mahalo for the update and your tireless work in the restoration of our Nation. Our voices will be heard, and we will prevail!

  • kekoa

    Mr. Siu I appreciate your efforts and updates but I am concerned your post of Mauna Ziona maybe over zealous. As a question of Title was raised the District court should have dismissed the case. The rules say District courts cannot hear issues of Title only Circuit Courts have that authority. The ruling was not based on Hawaiian Sovereignty but on State of Hawaii court rules. The State can and probably will re-file the case in the Circuit Court. I’ve seen this happen alot so heads up and good luck.

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