Posted by Tane on September 3, 2009 at 9:29pm in Politics
This is an open letter whereby DLNR's policy at the Iolani Palace is based on racial profiling of the native Hawaiians including non-kanaka maoli Hawai'i nationals and sympathizers as a means of collective punishment for the actions of a few errant individuals we have not been a party to their actions.
Since then, our peaceful gatherings and protocols on the palace grounds which has been ongoing for decades have been interrupted while we've been harrassed by DLNR seucrity and law enforcement officers for not complying with their new rules which impedes our expression of our freedom of speech and gathering rights as Hawai'i nationals. The canopies have been used to protect and display photos and memorabilia and written material of the event; the other canopy is to protect the food which is offered to anyone in attendance or passer-by. We always clean up our area whether or not it is our mess and do our maintenance and protocol of Pohukaina where 31 of our ancestors still remain on the premises. We have a traditional right to be there without the restrictions DLNR has placed specifically for kanaka maoli and other Hawai'i nationals.
Dear sirs:
In respect for your court and your laws imposed within our country, I would like to cite laws that support the violations of our rights and privileges as committed by the State of Hawai'i and the United States of America Federal Government entities.
Under the United States Constitution and the International Law of Nations, and the laws of occupation, it behooves us to present our case against the racial profiling and collective punishment administered by the Department of Land and Natural Resources (DLNR) which has expressly established and executed their policy of racist oppression against the multi-ethnic Hawai'i nationals and its own U.S. citizens.
U.S Constitution:
Article I, Section 7
...Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8
The Congress shall have power:
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To make Rules for the Government and Regulation of the land and naval Forces;
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 10
The Congress shall have power:
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To make Rules for the Government and Regulation of the land and naval Forces;
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 10
No State shall, without the Consent of Congress, ..., enter into any Agreement or Compact with ... with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Article II, Section 2
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Article III, Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Article IV, Section 3
...The Congress shall have power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Article VI
...This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Bill of Rights
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment XI
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
Amendment XIII
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
..............................................................................
Fourth Geneva Convention
The Fourth Geneva Convention (or GCIV) relates to the protection of civilians during times of war "in the hands" of an enemy and under any military occupation by a foreign power. This should not be confused with the better known Third Geneva Convention which deals with the treatment of prisoners of war. The convention was published on August 2 1949, at the end of a conference held in Geneva from April 21 to August 12, 1949. The convention entered into force on October 21, 1950. In 1993 the United Nations Security Council adopted a report from the Secretary General and a Commission of Experts which concluded beyond doubt that the Geneva Conventions had passed into the body of customary international law that is binding on non-signatory parties whenever they engage in armed conflicts.[1]
As of 27 June 2006, when Nauru adopted the convention, it has been ratified by 194 countries.
Part I. General Provisions
This sets out the overall parameters for GCIV:
Article 2 states that signatories are bound by the convention both in war, armed conflicts where war has not been declared and in an occupation of another country's territory.
Article 3 states that even where there is not a conflict of international character the parties must as a minimum adhere to minimal protections described as: noncombatants, members of armed forceswho have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds, detention, or any other cause shall in all circumstances be treated humanely, with the following prohibitions:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
Article 4 defines who is a Protected person: Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals. But it explicitly excludes Nationals of a State which is not bound by the Convention and the citizens of a neutral state or an allied state if that state has normal diplomatic relations with in the State in whose hands they are.
A number of articles specify how Protecting Powers, ICRC and other humanitarian organizations may aid Protected persons.
Protected person is the most important definition in this section because many of the articles in the rest of GCIV only apply to Protected persons.
Article 5 is currently one of the most controversial articles of GCIV, because it forms, (along with Article 5 of the GCIII and parts of GCIV Article 4,) the interpretation of "unlawful combatants" currently in use by the out-going government of the United States
Part II. General Protection of Populations Against Certain Consequences of War
Article 13. The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war
Part III. Status and Treatment of Protected Persons
Section I. Provisions common to the territories of the parties to the conflict and to occupied territories
Article 32. A protected person/s shall not have anything done to them of such a character as to cause physical suffering or extermination ... the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishments, mutilation and medical or scientific experiments not necessitated by the medical treatment' While popular debate remains on what constitutes a legal definition of torture, the ban on corporal punishment simplifies the matter; even the most mundane physical abuse is thereby forbidden by Article 32, as a precaution against alternate definitions of torture.
Collective punishments
Under the 1949 Geneva Conventions collective punishments are a war crime.
It is considered by most nations contradictory to the modern concept of due process, where each individual receives separate treatment based on his or her role in the crime in question.
Article 33 of the Fourth Geneva Convention specifically forbids collective punishment.
Article 33. No protected person may be punished for an offense he or she has not personally committed. Collective penalties and likewise all measures of intimidationor of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are prohibited.
A form of collective punishment may also occur in schools, such as when a teacher imposes some form of discipline upon a whole class as a result of the actions of an individual or smaller number of students. We are not children; but adults.
Section III. Occupied territories
Articles 47-78 impose substantial obligations on occupying powers. As well as numerous provisions for the general welfare of the inhabitants of an occupied territory, an occupier may not forcibly deport protected persons, or deport or transfer parts of its own civilian population into occupied territory (Art.49).
I hope you will review these laws that apply to our protection aas is our national and human rights.
Mahalo,
Tane
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ALOHA Kakou, It is my hope that the taking of the "Tent" this time while we gathered at the Ahu at Iolani Palace will not be returned but will go to Court. Where this issue belongs. I do not believe that this issue of the taking of our "Tents" while we gather at the Ahu at Iolani can be resolved at the Legislature. This is why I believe the quickest way to resolved this issue is by taking the issue to the Court. During the taking of the "Tents" I was disappointed that many did not come into the Tent but sat in their chairs while the "Tent" was taken down and away. This issue of the taking of our "Tents" is not over. As Saturday November 28, 2009 which is a national holiday of the Hawaiian Kingdom of Hawaiian Independence the issue of the taking of our "Tents" at the Ahu will be taken up once more. All in all it was an enjoyable day yesterday at the Ahu. My deepest Mahalo Nui to HIAA and especailly to Bradda George for his ALOHA for our Queen. It was my honor to kokua Bradda George to put up his "Tent" to cover the table with the information on the Honoring Queen Liliiuokalani. DLNR will continue to Take Our Tents as long as WE continue to allow DLNR to take our Tents. Mahalo Nui to everyone who was at the Ahu to Honor Queen Liliuokalani. Now let's stand Pono and support Bradda George as he goes to Court. Long Live The Hawaiian Kingdom, o Pomai
I wailed in the morning on chat room the importance of putting the fake state on notice with a legal document for accesss. However, I couldn't get the importance of such across. thank you!
I was there for a short period only had enough to greet the Atooi from Kauai. Monty DLNR, soooo tricky a Kailua boy where Theilens from. He wants to hoist tezars (sp) on his belt, real idiot.
We (family) still have mountain to sea practices on the Koolaupoko side, but not for long. Younger generation are lost and I don't know how to connect with them so that they would be mineful of settlers.
What I talked about with Liko is the strict code of conduct for Makahiki that we must abide by during that time. I am concern about it's touristy approach 'make love not war' theme. For a lot of us culture access was men on the right and women on the left and no mixing until the fire smolders.
Iolani is the ili of kou (sp) and that is an important. I don't have my Hawaiian dictionary readily available to spell the word correctly. My grandchildren was using it for their school work.
I believe these 'haole' Kailua assholes are using the vagarant laws a racisit rule set forth against Maoli women. I'm a graudate of Kailua High School, so I understand Monty and Thelein mentality.
Replies
ALOHA Kakou, It is my hope that the taking of the "Tent" this time while we gathered at the Ahu at Iolani Palace will not be returned but will go to Court. Where this issue belongs. I do not believe that this issue of the taking of our "Tents" while we gather at the Ahu at Iolani can be resolved at the Legislature. This is why I believe the quickest way to resolved this issue is by taking the issue to the Court. During the taking of the "Tents" I was disappointed that many did not come into the Tent but sat in their chairs while the "Tent" was taken down and away. This issue of the taking of our "Tents" is not over. As Saturday November 28, 2009 which is a national holiday of the Hawaiian Kingdom of Hawaiian Independence the issue of the taking of our "Tents" at the Ahu will be taken up once more. All in all it was an enjoyable day yesterday at the Ahu. My deepest Mahalo Nui to HIAA and especailly to Bradda George for his ALOHA for our Queen. It was my honor to kokua Bradda George to put up his "Tent" to cover the table with the information on the Honoring Queen Liliiuokalani. DLNR will continue to Take Our Tents as long as WE continue to allow DLNR to take our Tents. Mahalo Nui to everyone who was at the Ahu to Honor Queen Liliuokalani. Now let's stand Pono and support Bradda George as he goes to Court. Long Live The Hawaiian Kingdom, o PomaiI was there for a short period only had enough to greet the Atooi from Kauai. Monty DLNR, soooo tricky a Kailua boy where Theilens from. He wants to hoist tezars (sp) on his belt, real idiot.
We (family) still have mountain to sea practices on the Koolaupoko side, but not for long. Younger generation are lost and I don't know how to connect with them so that they would be mineful of settlers.
What I talked about with Liko is the strict code of conduct for Makahiki that we must abide by during that time. I am concern about it's touristy approach 'make love not war' theme. For a lot of us culture access was men on the right and women on the left and no mixing until the fire smolders.
Iolani is the ili of kou (sp) and that is an important. I don't have my Hawaiian dictionary readily available to spell the word correctly. My grandchildren was using it for their school work.
I believe these 'haole' Kailua assholes are using the vagarant laws a racisit rule set forth against Maoli women. I'm a graudate of Kailua High School, so I understand Monty and Thelein mentality.
I miss our talks Kaohi