The following are raw notes taken in Lihue at the Veteran's Hall at 12pm on 12/28/04 by Juan Wilson at the talk by Francis Boyle, Professor of Law at Harvard University.
Professor
Francis Boyle was introduced by Bumpy Kanehehe
Prof. Boyle
begins with analysis of Akaka Bill S344
Akaka legislation died in last congress. But not dead
yet.
Boyle says bill wants to recognize native hawaiian governing entity.
"Entity" is actually a sign of disrespect, as in middle
east"Zionist Entity".
Hawaii is said to be part of US in bill. Says Hawaiian people
are indigenous people of the United States. The internationally
recognized "blue water test" indicates that Hawaii is
a colony.
Article 73 list at UN indicates Hawaii is a colony that could
be de-colonized and be independent.
Treaties are the supreme law of the land. US treaties were violated
in annexation.
Lawsuit brought in 1998 to Supreme Court would not hear arguments
because State Department said the Kingdom of Hawaii was sovereign
and did not recognize kingdom. Court said other sovereign nations
can't go to US courts.
Treaty of 1849 said US promised perpetual peace and amity to Kingdom
of Hawaii. Treaty never dropped.
Akaka Bill recognizes that US had full relations with the nation
of Hawaii. Apologize Bill and Akaka admit the Hawaiian nation
never gave up rights.
The Hawaii nation was stolen in 1893. Kanaka maoli needs to build
nation from the ground up. State services must be provide.
Hawaii's rights are guaranteed by international law. The Akaka
bill is more like an apartheid system or system like American
Indians have. It's a kanaka maoli straightjacket. Akaka Bill will
give Hawaiians a council that will turn out to be a limitation.
This was done with the Palestinians.
The Secretary of the Interior would administer the ultimate entity.
Hawaii is not part of the US interior department. It's not part
of the US interior at all.
Akaka Bill talks of autonomy in internal affairs. That is not
self determination.
Akaka continues to describe a Hawaiian Council as linked to Interior
Department. Should be State Department.
Akaka process to reach kanaka maoli entity by giving rights to
Council to have its own documents (not law or regulations). "Documents"
will have no meaning in the long run.
Powers of Council should be determined by kanaka maoli. But power
will be determined by US in Akaka Bill. US determined council
will recognize individuals and not land.
Israel said Palestinians will have council of people, not land.
"Hawaiians are under the boot of the empire and you are living
on your own land, doing the best you can."
Council will not be a government and will have no laws of its
own.
Akaka is pushed now because of Rice case that determined haolis
could vote for OHA members.
By voting for a Council, Hawaiians will have given away their
"sovereign" interest. For example, the US will determine
age of voters. Again this is the US determining who is a kanaka
maoli.
The whole process is moving towards to assimilation.
Section 8 makes it clear that council will have no resources or
land or power to tax. It says there might be future land assigned
to it. The power to tax is basic to government. All rights and
assets will be given up by accepting Akaka Bill.
Finally the Akaka bill treats Hawaiians as American Indians were
treated. But the Hawaiians will not give any benefits given indians.
House bill by Abacrombie trashes Akaka. But Abacrombie referred
bill to resource committees. Treats Hawaii as asset not a nation
of people. This bill will also be re-introduced in next congress.
Abacrombie bill has "Special Trust" like Bourough of
Indian Affairs trust that was looted and still not restored.
Abacrombie bill talks of ceded lands. The Hawaii Republic stole
all land from Kingdom of Hawaii. Abacrombie bill says US title
stands or falls on ceded lands title.
The Akaka and Abacrombie bills both acknowledge this theft.
What to do now?
By international law the US is a belligerent occupier of Hawaii.
Conquest does not transfer sovereignty.
Alternative to Akaka is restoration of native state of Hawaii.
Ohana Council issued a proclamation restoring the Kingdom of Hawaii.
The state was never extinguished, the kingdom remains.
Kingdom of Hawaii is still legally in existence. The lands have
been stolen. We have a criteria for states under international
law.
Territory
Population
State
Ability to conduct international affairs.
Hawaii has territory and population.They may soon have state.
Needs effective government for kanaka maoli.
A provisional government.
This does
not require succession. It is too decisive to focus on that. Do
not need a head of state for government. Pick up where kingdom
left off. Kingdom understood that treaties and diplomatic relations
were critical.
Should re-establish treaties and diplomatic relations extant in
1893 (16 nations)
1849 Treaty of Friendship, Commerce, and Navigation still guarantees
protection from US.
What kind of provisional government should be created?
It would
not have to be 1893 constitution.
Attorney for reinstated government says it has already redesigned
and adopted a government. Attorney suggests a tax. Assume for
a moment some of nation building been done. What is next. What
court has jurisdiction.
Problem is reinstated government must reach out to include all
kanaka maoli. United front is critical. Must speak for kanaka
maoli and kingdom of Hawaii.
Clear that kingdom still exists. Gives example of Lithuania. Stalin
took Lithuania in 1939. Lithuanians never signed any give away.
Must restore and pick up kingdom state. It is a question of consensus.
Keanu 1998 in Supreme Court. Wanted reparations for harm to Hawaiian
people.
There are several reinstated nation groups with constitutions.
Boyle asked to be legal advisor to united front. Everybody applauds.
Lithuanians were able to rebuild their state even with 40% Soviet
population.
Genocide is strongest evidence of crimes against Hawaiians. 1948
convention on genocide defines that intentional destruction of
a culture is genocide, not just widespread extermination of people.
Genocide is creating conditions of life calculated to destroy
a culture.
Keanu felt
the land claims were moere important than genocide claims. Boyle
says he would push the genocide angle.
What
can individual kanaka maoli do in court. Boyle?
Nothing.
Colonial Occupier Courts operated under rules of War.
Boyle urges forming a united front, and providing the services
of a state to the people. |
