Whereas, The United States of North America (48) states national congress did enter into a Treaty of Friendship, Navigation, and Commerce which was ratified by the Hawaiian Kingdom legislative assembly in 1851;
Whereas, In 1946 The United Nations General Assembly and Security Council vote, placed Hawai'i under United Nations Charter, Chapter X1 - Declaration of Non Self Governing Territories
Whereas, THe United States as a United Nations Charter Member is still obligated under the United Nations Universal Declaration on Human Rights, the United Nations Declartion on the Rights of Indigenous Peoples, and the United Naitons Convention on the Prevention and Punishment of the Crime of Genocide;
Whereas, The United States codified the UN genocide convention as "The Proxmire Act" US Public Law 100-606, November 4,1988, President Ronald Reagan;
Whereas, US Presdient William J Clinton signed into US domestic law - US Public Law 103-150, November 23, 1993, otherwise known as the Apology Resolution;
Whereas, the confessions contained in US Public Law 103-150 illuminate the historical facts surrounding the existence of "not yet voluntarily surrendered inherent sovereignty in the national lands", while calling for a process of reconciliation;
Whereas, the true Inhabitants of the Hawaiian Islands have suffered under the conditions of aparteid brought on in the aftermath of the offenses against the Law of Nations in 1893, infamous crimes against humanity, and instituted by, and adminstered under the auspices and authority of the US Congress by way of the Hawaiian Homes Act of 1920, 1921 as amended, an Act "to rehabilitate" Inhabitants who found themselves dispossesed of country, nationality, traditions, customs, and religion, and who in order to qualify, would have to prove a minimun blood quantum of fifty percent;
Whereas, the United States Congress by way of the Hawaiian Homes Act of 1920, 1921 as amended, initially only set aside only 200,000 acres out of the 4.5 million acres that were seized in 1893 for settlement by the misfortunate inhabitants, and that as a result of these institutional processes and programs the United States is perpetrating the international crimes of aparteid, as human conditions on these "volunteer reservations" parallel South Africa, the ghetto communities and Native American reservations in the United States and elsewhere in industrialized and developing countries where as recently noted on the island of Kaua'i there are excellerating incidences of teen suicides, and where you will find an ethnic group with the highest disease and mortality rates of any group under the control of the United States;
Whereas, the United States President and Commander in Chief George W. Bush has maintained the integrity and obligation to the international community with respect to safeguarding the inherent rights of self determination vested in the Inhabitants of the Hawaiian Islands, as protected by the Constitution of the United States, as well as norms of customary international law, the Law of Nations, and in pursuit of that justice, has articulated as part of the executive office records, serious US Constitutional flaws in the pending legislation to [prescribe] a political relationship, and the unique and different historical circumstances as compared to the history of [native americans] as they are afforded treatment under US federal indian policy and law;
Whereas, the United States commission on Human Rights did issue a report entitled "The Broken Trust", 67 years of the failure of the United States and the State of Hawaii to protect the civil rights of the [Native Hawaiians];
Whereas, In 1959 the United States reported to the United Nations that Hawai'i was admitted into the United States, and as a consequence of that reporting, Hawai'i was taken out of the overview of the United Nations with respect to those sacred trust obligations enshrined and due to the Inhabitants of the territory occupied under Chapter X1;
Whereas, United States Executive Proclamation 3309, President D Eisenhower, stated "Hawai'i would be proclaimed admitted" into the Union of the American States provided that 'admittance' would be on "equal footing";
Whereas, The [vote for statehood] conducted in the Hawaiian Islands in 1959 did not conform to international standards to Self Determination outlined in Chapter XI of the UN Charter as the Inhabitants aspirations could not have been achieved without the oversight of the United Nations in 1959 nor has their status been given the utmost protection under the internationally illegal plebicite and neither have they been protected from abuses from this internationally illegal plebicite;
Whereas, in spite of the lack of UN oversight and aggressions of the United States US federal "Admirality Maritime Equity" constitution that was adopted in 1959 by a [provisional] and erroneously created body politic by way of an Act of Admission - the foreign State of Hawaii constitution has made special provision to accomodate the Inhabitants under a new identity as [Native Hawaiian] as defined by the aparteid inciting US Hawaiian Homes Commission Act 1920, 1921 as amended;
Whereas, the United States Congress by way of US Public Law 99-239 Compact of Free Association, Title III - Pacific Policy Reports did "find" that there was not a clear policy with respect to the [STATE OF ALASKA] and [STATE OF HAWAII] with respect to the United States attaining its international obligations with due respect for the treatment and delivery of services and liason with the peoples of the non contiguous territory so under the control of the United States as a member of the UN Security Council. And as a result the United States Secretary of the Interior is authorized to convene hearings with respect to the goals outlined in Title III - regarding the conduct of the State of Hawaii in a noncontiguous Pacific Area, as the Hawaiian archipelego and islands are situated;
Whereas, on September 20 and 21 1989 at the Alamoana Hotel, Oahu, a conference was convened by then Secretary of the Interior, Manual Lujan, under Title III of US Public Law 99-239 where at documentation was submitted into the record from and on behalf of the Inhabitants, to inform the executive branch of the United States government that "self determination" under international standards has not been afforded to the Inhabitants and that we are in that process and that we have begun our journey towards realizing the true and full extent of those inherent rights;
Whereas, on August 26, 1989 at the East West Center on the Campus of the University of Hawaii, Oahu, US Senator from Hawaii Daniel K Inouye, (D), did convene formal hearings relating to and with respect to [Native Hawaiian] inherent rights of self determination where at he stated that the [Hawaiians] have suffered "momumental injustices" and further can be quoted as stating that he would be horrified if they stood in unanimity", and finally, as his gavel fell "let the cards fall where they may";
Whereas, on August 26 and 27, 2007, a non commissioned privateer vessel did attempt to enter and offload passengers, piratically exercised commercial activities without compliance to a request by the Lawful High Contracting Proper Party as the Port Authority to enter and comply with a grant and franchise to operate within the internationally recognized Exclusive Economic Zone of the Hawaiian Kingdom administered by the Nation of Hawai'i (Customary Chiefs and People);
Whereas, on those same dates, August 26 and 27, living descendants of the Chiefs and People of the Hawaiian Islands, their Nation under patent, did exercise their rights and perform their duties under Geneva Convention V, Rights and Duties of Neutral Powers as historically the Hawaiian Kingdom did declare its national territories to be neutral in 1868;
Whereas, descendants of the Chiefs and People affirming the Polynesian Kingdom of Atooi (Kaua'i and Ni'ihau) with kinship, linguistic, and bioregional ties within the Polynesian Triangle in exercising their rights of sovereignty to Govern and Contract did act to prevent the collision of a hostile body politic protesting the failures of the State of Hawaii administration and its municipality [COUNTY OF KAUAI] to conform to their own color of law, ordinances, and legislative enactments put in place to regulate commerce and protect the environment;
Whereas, the COUNTY OF KAUAI as Chartered and private agents and law enforcement officers of the State of Hawaii acted in their individual capacity and in complicity and in violation of State law with the uncommissioned piratical commercial activities of the privateer vessel known as Hawaii Superferry;
Whereas, in the aftermath of the protest and blockade of the vessel, various individuals as young as 10 years old were initially charged with disrupting activities and jailed, yet all charges have either been dismissed or withdrawn and the State of Hawaii is currently facing a legal challenge on its failure to enforce standing laws which required compliance;
Whereas, certain individuals whose political status as the true Inhabitants under the UN definition are being selectively prosecuted in moral ignorance and blantant acts of abuse of police authority, are being harassed and terrorized by conspiracies to deprive the self determining Inhabitants of exercising that "inherent soverengnty" in the national lands as was customary and normally and amicably upheld by the terms of the Treaty of 1850;
Therefore, by this Petition it is formally requested of the Carter Center to forward this Petition to initiate proceedings of mediation to address this current US administrative conflict and global dilemma, and support and call for the convening of a conference under the responsibility of the United States Secretary of the Interior and oversight of the United Nations Secretary General, at which time the Inhabitants of the Hawaiian Islands and representatives of the United States, representatives from the United Nations and bona fide human rights groups can begin the process of mediation in the context of formulating recommendations to correct longstanding inequities in Hawai'i - US political relations to prevent a proliferation of aparteid which has fostered and lends to the incitement and commission of crimes of genocide.
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