POSTED: 28 DECEMBER 2004 - 7:30pm HST

Time for a provisional government

International law expert Francis Boyle speaking at the Veteran's Hall in Lihue 12/28/2004

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.

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?

Colonial Occupier Courts operated under rules of War.
Boyle urges forming a united front, and providing the services of a state to the people.


Audience members at talk on Hawaiian independence in Lihue Veteran's Hall



POSTED: 3 DECEMBER 2004 - 3:30pm HST

Restoration of Hawaii's Independence

August 12 1998 Annexation Centennial Commemoration

The Office of Hawaiian Affairs & The Nation of Hawaii
are proud to present the return of
International Law Professor Francis Anthony Boyle

(An Alternative Model of Self Governance)

Reaffirm U.S. Public Law 103-150, (The Apology Bill) "An Act of War"
What does it mean for a Kanaka Maoli (Native Hawaiian)?

Do we need legislation, permission or approval from the United States government to decide Kanaka Maoli Self Governance?

U.S. Congress; Recognition and Approval: The Akaka Bill
U.S. Military Occupation of Hawaii: The Ongoing Crime Genocide

Tuesday, December 28, 2004
LIHUE - Veterans Hall - 12:00pm to 3:00pm

Wednesday, December 29, 2004
KONA - Kona Outdoor Circle - 9:00am to 12:00pm
HILO - UH Hilo Theater - 2:30pm to 5:00pm
MAUI - Kahului Community Center - 7:00pm to 10:00pm

Thursday, December 30, 2004
OAHU - Pu'uhonua o Waimanalo Village
Luncheon Reception - 12:00pm to 3:00 p.m.

Mahalo to Professor Boyle
For background, read Prof. Boyle's 1993 address regarding the Apology bill and its implications for the restoration of the independent nation state of Hawai`i under international law.

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