HomeMy WebLinkAboutCOM 0391.002 2010-2012HENRY M. NOA
PRIME MINISTER
Hawaii Island
KINGDOM OF HAWAI'I
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POB 2236 • HONOLULU
THE HAWAIIAN ISLANDS 96804 --i
PH: 808.741.7257 /FAX: 808.623.46 j 2
www.hawaii- gov.net / www.reinstatedhawtaPvtorgC) -'t
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The Legal Parameters Supporting the Recognition of the Reinstated Lawful Hawaiian
Kingdom and Government
This report is to inform you of the newly recognized laws at the International and State levels that directly
support and protect the Native Hawaiians pursuit of self - determination. These new laws are the United Nations
Declaration on the Rights of Indigenous People (UN Declaration) and the State of Hawaii Senate Bill 1520 (Act
195) 2011. These two laws recognize and define the Native Hawaiian's right to self - determination and economic,
social and cultural developments. These laws also support and reaffirm previous laws that were passed by the
United States Congress in 1993 - United States Public Law 103 -150, 107 Stat. 1510 (PL 103 -150) and the State
of Hawaii Law - Act 359 (1993). The following information identifies and describes the rights and obligations of
each law.
State of Hawaii Law. Senate Bill 1520 - Act 195 (2011)
In July of 2011, Hawaii's Governor signed the Hawaii State Law, Senate Bill 1520 - Act 195 into law.
This law acknowledges several key legal prospectives that support and substantiate the action that the Native
Hawaiian people of the lawful Hawaiian Government of the Kingdom of Hawai'i had executed on March 13,
1999. The following excerpts of Act 195 confirm:
1. Act 195 Section 2 affirms: "Native Hawaiian Recognition. Statement of Recognition. The Native
Hawaiian people are hereby recognized as the indigenous, aboriginal and maoli of Hawaii."
This recognition in Act 195 is the catalyst in law, that, the Native Hawaiian people needed to substantiate
their claim to self - determination in accordance to the long established principles of international law and the UN
Declaration.
2. Act 195 Section 1 para. 7: "...in December 2010 the United States endorsed the UN Declaration on the
Rights of Indigenous Peoples, which acknowledged, among other thongs:"
Article 3, "Indigenous peoples have the right to self - determination. By virtue of that right they
freely determine their political status and freely pursue their economic, social and cultural development."
This recognition of the UN Declaration in Act 195 confirms and re- enforces the rights of the indigenous
Native Hawaiian people to pursue "self- determination and the right to freely determine their political status and
freely pursue their economic, social and cultural development."
Act 195 Section 1, para. 6: "In 1993, the United States formally apologized to the Native Hawaiian
people through US Public Law 103 -150, commonly known as the Apology Resolution, for its role in the
overthrow of the Hawaiian Kingdom in 1893. The apology resolution recognizes that the illegal overthrow of
the Hawaiian Kingdom occurred with the active participation of agents and citizens of the United States and
further acknowledges that the Hawaiian people never directly relinquished to the United States their claims to
their inherent sovereignty as a people over their national lands,"
This recognition of US PL 103 -150 reaffirms the importance of letting the Native Hawaiian people, the
US Officials and citizens, and the world's population of the formal apology on behalf of the US (Federal, State3q j ,
Comm. No.
Ref. To: ►read. Ca RG
Ref, Date OCT 4 2011
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and County) government officials for the illegal overthrow of the Hawaiian Nation and to also proclaim, that, the
indigenous Native Hawaiian people never relinquished their inherent sovereignty or the national lands to the
United States in paragraph 29.
Act 195 Section 1, para.10 acknowledges: "...the State has also provided for the transfer of the
management and control of the island of Kahoolawe and its waters to the sovereign Hawaiian Native entity..."
This recognition was challenged in 2006 by the lawful Hawaiian Government, when several Hawaiian
Nationals were arrested on the island of Kahoolawe for reclaiming the right to manage and control Kahoolawe.
The case is pending appeal and the lawful Hawaiian Government is supported by Article 26 of the UN
Declaration.
Article 26:
1) Indigenous peoples have the right to the lands. territories. and resources which they have traditionally
owned and occupied.
2) States shall give legal recognition and protection to these lands, territories and resources.
3) Such recognition shall be conducted with due respect to the customs. traditions and land tenure
systems of the indigenous peoples concerned."
Summary: Act 195 explicitly recognizes the "Native Hawaiian people as the "indigenous, aboriginal, maoli
people of Hawaii" and officially links the Hawaiian people to the rights in the UN Declaration. Every law
acknowledged in Act 195 supports the legality of the Native Hawaiians free exercise of building a nation of their
own choosing. Article 3 is unambiguous to the fact, that, the Native Hawaiian people have the right to freely
determine their self - determination - without the interference of the US (Federal, State or County) governments.
And, to also pursue their political, economic, social and cultural development, free of discrimination of any kind.
The US PL Law 103 -150 declares that the US Government confessed to illegally overthrowing the Hawaiian
Kingdom and the Hawaiian people never relinquished their right to the inherent sovereignty or the national lands
to the United States. This admittance in US PL Law 103 -150 proves that the inherent sovereignty exists and the
obvious next step was for the Native Hawaiian people was to reinstate the offices of the former government of the
Hawaiian Kingdom and proclaim the existence of the reinstated lawful Hawaiian Government. An action that
was executed on March 13, 1999.
Conclusion: The legal outcome and logical conclusion of Act 195 is: 1) The Native Hawaiian people are
recognized as indigenous peoples and because of that recognition the Native Hawaiian people can exercise the
rights and protection under the UN Declaration.
United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration.)
On December 2010, United States President Barak Obama signed the United Nations Declaration on the Rights of
Indigenous People (UN Declaration). This act is a plain and unambiguous directive to all United Nations member
States — United States Government and their subdivisions (the State of Hawaii and the various County
governments) — employees to take specific actions to assist the Hawaiian people in their pursuit of self -
determination. Presented here are eight of the articles in the UN Declaration that affirms the Native Hawaiian
peoples rights to self - determination, free of discrimination by the occupying US (Federal, State and County)
governments.
Article 1 affirms that: Indigenous peoples have the right to the full enjoyment, as a collective or as
individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations,
the Universal Declaration of Human Rights (4) and international human rights law.
Article 2 affirms that: Indigenous peoples and individuals are free and equal to all other peoples and
individuals, and have the right to be free from any kind of discrimination, in the exercise of their rights, in
particular that based on their indigenous origin or identity.
Article 4 promises that: Indigenous peoples, in exercising their right to self - determination, have the
right to autonomy or self - government....
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Article 5 guarantees that: Indigenous peoples have the right to maintain and strengthen their distinct
political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they
so choose, in the political, economic, social and cultural life of the State.
Article 6 affirms that: Every indigenous individual has the right to a nationality.
Article 9 reaffirms that: Indigenous peoples and individuals have the right to belong to an indigenous
community or nation... No discrimination of any kind may arise from the exercise of such a right.
Article 20 confirms that: Indigenous peoples have the right to maintain and develop their political,
economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence
and development..."
Summary: The indigenous Native Hawaiian people have complied with the Articles in the UN
Declaration and exercised the right to reinstate their former nation (Art. 9) and reinstalled their legal institutions
(Art. 20). They also chose to be Hawaiian Nationals (Art. 6) of the Reinstated Lawful Government of Hawaii
and are exercising the basic freedoms of liberty, political and economic development (Art. 20). More
importantly, Article 26 demands that States shall give legal recognition to all these rights, including the land
tenure system, that existed prior to the overthrow.
The Lawful Hawaiian Government is reinstated in accordance to "Perfect Right ".
The Hawaiian people of the reinstated Hawaiian Kingdom Government executed the international law
principle of "perfect right," which states, in effect, that, a sovereign nation does not have to ask other sovereign
nations, what it can or cannot do. In this particular case, the occupying U.S. Government, has admitted and
confessed to the crimes stated in Public Law 103 -150, and acknowledges that the Hawaiian people never
relinquished their right to sovereignty or the national lands. The Native Hawaiian people do not need to ask the
U.S. Government for the right to reclaim their nation, because to ask the occupier would be to invoke the
international law principle of "imperfect right."
The lawful Hawaiian Nation is exercising rights granted to us under international law. Our government
has issued identification cards, motor vehicle registrations and license plates. We conduct authorized
economic development projects and land reclamation actions such as: Project ID `Aina (identifying
Hawaiian Government, Crown and Public lands). By law, our government is allowed to do this. When the
occupying police confiscate our government's property — because they believe that a driver has not complied with
their laws, these police are violating our laws.
To improve communications and relations between the Lawful Hawaiian Government (LHG) and the de
facto US Federal, State and County governments, the following institutions have been established by (LHG):
(Ministry of Interior, Treasury, Foreign Affairs, Attorney General) and Courts. The Departments include: Health,
Licensing, Public Safety, Land and Natural Resources etc. These various operations make it easier for our nation
to support and enforce our right to exercise and comply with the obligations granted by the Constitution and
domestic laws of our Hawaiian Nation, in compliance to international law.
Unfortunately, the U.S. Federal, State and County officials continue to perpetuate crimes against our
people, instead of adhering to the intent of their own laws, PL 103 - 150(1993), Act 195(2011), Act 359(1993) and
the UN Declaration. To counteract the continual persecution and prosecution of the Hawaiian Nationals, the
Hawaiian Government has sought legal counsel - experts in human rights violations - to assist in the defense of
our nationals. Our legal counsel has instructed our government to take action by serving Human Rights violation
citations to all de facto government employees who are responsible for those who violate the Hawaiian National.
Legal counsel has assisted in the development of a database to record all violators.
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This action was implemented to hold every de facto official accountable for violating the Human Rights of
the Hawaiian people. The following UN Declaration article supports the action initiated by our government.
Article 1 proclaims that: Indigenous peoples have the right to the full enjoyment, as a collective
or as individuals of all human rights and fundamental freedoms as recognized in the Charter of the United
Nations, the Universal Declaration of Human Rights (4) and international human rights law.
The European Court of Human Rights was established in 1959, and permanently recognized on November
1, 1998. The Inter - American Court of Human Rights was established in 1979. The primary purpose of the courts
is to interpret and enforce the provisions in the multiple UN Declarations of Human Rights. The permanent status
of these Courts has established a recognized venue to address and adjudicate Human Rights violations. Since the
permanent status, these Courts have heard thousands of cases, many similar to the situation the Hawaiian people
are facing. The Lawful Hawaiian Government (LHG) will continue to pursue this course of action.
To my knowledge there are many government employees in the de facto Federal, State and County
governments that have already been served citations for their negligence. The Lawful Hawaiian Government
(LHG) will continue to serve citations to those de facto officials, officers and employees of the de facto
governments.
Caveat "Ignorance of the law is no excuse ". Blacks Law Dictionary
We, the Native Hawaiian people have successfully reinstated the Lawful Hawaiian Government (LHG) to
reclaim political authority and all the rights reserved in the United Nations Declaration on the Rights of
Indigenous Peoples. We have exercised due process (by posting Notices) to reclaim our national lands in
accordance to the UN Declaration:
Article 26.
1. "Indigenous peoples have the right to the lands, territories, and resources which they have traditionally
owned, occupied or otherwise used or acquired."
2. "Indigenous peoples have the right to own, use, develop and control the lands, territories and resources
that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which
they have otherwise acquired.
3. "States shall give legal recognition and protection to these lands, territories and resources. Such
recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the
indigenous peoples concerned.
We, the Executive Officers of the Lawful Hawaiian Government (LHG) demand recognition and respect
for our perfect right to exercise political authority in the Hawaiian Islands and protection in reclaiming lands,
territories and resources which [we] have traditionally owned.
We, the nationals of the Lawful Hawaiian Government (LHG) demand that the land tenure system prior
to the overthrow of the Kingdom of Hawaii shall be respected and referenced - to properly identify the
Hawaiian Government, Crown and Public lands - that were never relinquished to the US (Federal, State or
County) governments.
Act 195 and the Native Hawaiian Reorganization Bill - Akaka Bill - is not about "...the US Constitution
or race, but, it is about the assets - land and money ". This quote was made by former US Congressman Neil
Abercrombie to the US Congress, referring to the Akaka Bill. Governor Abercrombie's statement could not be
further from the truth.
The true purpose of Act 195(2011) and the Native Hawaiian Reorganization Bill is to deceive the Native
Hawaiian people, the general public and the world, that, the US (Federal, State and County) governments are the
landowners of the Hawaiian Kingdom's national lands A false claim that has already been addressed in the
United States Public Law 103 -150 paragraph 29.
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"Whereas the indigenous native people never relinquished their inherent sovereignty or their national lands
over to the United States..."
The de facto government officials that wrote Senate Bill 1520 - Act 195 (2011) are confused to the
application of Article 3 of the UN Declaration. On the one hand, the bill recognizes "the Native Hawaiians as the
indigenous, aboriginal, maoli people of Hawaii" and also acknowledges "the United Nations Declaration on the
Rights of Indigenous Peoples - UN Declaration." And yet, the same law imposes a process of self - determination
upon the Native Hawaiian people, that clearly breaches and violates Article 3: "Indigenous people have the right
to self determination" and "to freely determine [their own] political status ".
A clear intention of non - compliance of UN Article 9, "No discrimination of any kind may arise from the
exercise of such a right," by the belligerent occupying political authorities - United States Federal officials, State
of Hawaii officials, and the various County officials of Kaua'i, Maui, Hawai'i, and O'ahu (Honolulu).
Who recognizes the indigenous, abori4inal and maoli Hawaiian people and their right
to pursue self - determination and nation building?
The following laws have been passed by the U.S. Federal and State of Hawaii governments and
International laws pursuant to the rights of the true people of Hawaii to reclaim their inherent sovereign identity:
The State of Hawaii's Governor and Legislators: Senate Bill 1520, (2011), Act 195, Section 2.
The United Nations Declaration on the Rights of Indigenous Peoples: Article(s) 2, 3, 4, 5, 9, 20 and 26.
The United States Public Law 103 -150, Stat 1510 -1514; (1993) - Title and paragraphs 3, 8 and 29.
The State of Hawaii Act 359, (1993) Section 2. Purpose. "The purpose of this Act is to...recognize the unique
status the Hawaiian people bear to the State of Hawaii and to the United States and to facilitate the efforts
of native Hawaiians to be governed by an indigenous sovereign nation of their own choosing."
The time has arrived for all de facto US (Federal, State and County) government officials, officers and
employees to respect the laws that support the rights of the Native Hawaiian people and to stop persecuting,
prosecuting and oppressing the Hawaiian Nationals, or continue to receive Human Rights violation citations
from the Lawful Hawaiian Nation's Government officials.
Sincerely,
`7(i-a
Henry N
Prime Minister
Reinstated Lawful Hawaiian Government
Cc: All County Department Directors
All County Mayors
Police Chiefs
County Council Members