On January 17, 1893 US Marines did land forces in support of elementsof the United Church of Christ and sugar planters associates and thatthe legitimate head of state of the Hawaiian Kingdom did place theauthority of her office into the hands of representatives of the UnitedStates military;Whereas, The United States of North America (48) states national congress did enter into a Treaty of Friendship, Navigation, andCommerce which was ratified by the Hawaiian Kingdom legislativeassembly in 1851;Whereas, In 1946 The United Nations General Assembly and SecurityCouncil vote, placed Hawai'i under United Nations Charter, Chapter X1 -Declaration of Non Self Governing TerritoriesWhereas, THe United States as a United Nations Charter Member is still obligatedunder the United Nations Universal Declaration on Human Rights, theUnited Nations Declartion on the Rights of Indigenous Peoples, and theUnited Naitons Convention on the Prevention and Punishment of the Crimeof Genocide;Whereas, The United States codified the UN genocide convention as "The Proxmire Act" US Public Law 100-606, November 4,1988, PresidentRonald 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 yetvoluntarily 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 theoffenses against the Law of Nations in 1893, infamous crimes againsthumanity, and instituted by, and adminstered under the auspices andauthority of the US Congress by way of the Hawaiian Homes Act of 1920,1921 as amended, an Act "to rehabilitate" Inhabitants who foundthemselves dispossesed of country, nationality, traditions, customs,and religion, and who in order to qualify, would have to prove aminimun 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 200,000acres out of the 4.5 million acres that were seized in 1893 forsettlement by the misfortunate inhabitants, and that as a result ofthese institutional processes and programs the United States isperpetrating the international crimes of aparteid, as human conditionson these "volunteer reservations" parallel South Africa, the ghettocommunities and Native American reservations in the United States andelsewhere in industrialized and developing countries where as recentlynoted on the island of Kaua'i there are excellerating incidences ofteen suicides, and where you will find an ethnic group with the highestdisease and mortality rates of any group under the control of theUnited States;Whereas, the United States President and Commander in Chief George W. Bush has maintained the integrity and obligation to theinternational community with respect to safeguarding the inherentrights of self determination vested in the Inhabitants of the HawaiianIslands, as protected by the Constitution of the United States, as wellas norms of customary international law, the Law of Nations, and inpursuit of that justice, has articulated as part of the executiveoffice records, serious US Constitutional flaws in the pendinglegislation to [prescribe] a political relationship, and the unique anddifferent historical circumstances as compared to the history of[native americans] as they are afforded treatment under US federalindian 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 theUnited States and the State of Hawaii to protect the civil rights ofthe [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 consequenceof that reporting, Hawai'i was taken out of the overview of the UnitedNations with respect to those sacred trust obligations enshrined anddue 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 theUnion 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 SelfDetermination outlined in Chapter XI of the UN Charter as theInhabitants aspirations could not have been achieved without theoversight of the United Nations in 1959 nor has their status been giventhe utmost protection under the internationally illegal plebicite andneither have they been protected from abuses from this internationallyillegal plebicite;Whereas, in spite of the lack of UN oversight and aggressions of the United States US federal "Admirality Maritime Equity" constitutionthat was adopted in 1959 by a [provisional] and erroneously createdbody politic by way of an Act of Admission - the foreign State ofHawaii constitution has made special provision to accomodate theInhabitants under a new identity as [Native Hawaiian] as defined by theaparteid inciting US Hawaiian Homes Commission Act 1920, 1921 asamended;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 OFALASKA] and [STATE OF HAWAII] with respect to the United Statesattaining its international obligations with due respect for thetreatment and delivery of services and liason with the peoples of thenon contiguous territory so under the control of the United States as amember of the UN Security Council. And as a result the UnitedStates Secretary of the Interior is authorized to convene hearings withrespect to the goals outlined in Title III - regarding the conduct ofthe State of Hawaii in a noncontiguous Pacific Area, as the Hawaiianarchipelego 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, ManualLujan, under Title III of US Public Law 99-239 where at documentationwas submitted into the record from and on behalf of the Inhabitants, toinform the executive branch of the United States government that "selfdetermination" under international standards has not been afforded tothe Inhabitants and that we are in that process and that we have begunour journey towards realizing the true and full extent of thoseinherent 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 KInouye, (D), did convene formal hearings relating to and with respectto [Native Hawaiian] inherent rights of self determination where at hestated that the [Hawaiians] have suffered "momumental injustices" andfurther can be quoted as stating that he would be horrified if theystood in unanimity", and finally, as his gavel fell "let the cards fallwhere they may";Whereas, on August 26 and 27, 2007, a non commissioned privateer vessel did attempt to enter and offload passengers, piraticallyexercised commercial activities without compliance to a request by theLawful High Contracting Proper Party as the Port Authority to enter andcomply with a grant and franchise to operate within the internationallyrecognized Exclusive Economic Zone of the Hawaiian Kingdom administeredby 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 underpatent, did exercise their rights and perform their duties under GenevaConvention V, Rights and Duties of Neutral Powers as historically theHawaiian Kingdom did declare its national territories to be neutral in1868;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 inexercising their rights of sovereignty to Govern and Contract did actto prevent the collision of a hostile body politic protesting thefailures of the State of Hawaii administration and its municipality[COUNTY OF KAUAI] to conform to their own color of law, ordinances, andlegislative enactments put in place to regulate commerce and protectthe environment;Whereas, the COUNTY OF KAUAI as Chartered and private agents and law enforcement officers of the State of Hawaii acted in theirindividual capacity and in complicity and in violation of State lawwith the uncommissioned piratical commercial activities of theprivateer 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 initiallycharged with disrupting activities and jailed, yet all charges haveeither been dismissed or withdrawn and the State of Hawaii is currentlyfacing a legal challenge on its failure to enforce standing laws whichrequired compliance;Whereas, certain individuals whose political status as the true Inhabitants under the UN definition are being selectivelyprosecuted in moral ignorance and blantant acts of abuse of policeauthority, are being harassed and terrorized by conspiracies to deprivethe self determining Inhabitants of exercising that "inherentsoverengnty" in the national lands as was customary and normally andamicably 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 toaddress this current US administrative conflict and global dilemma, andsupport and call for the convening of a conference under theresponsibility of the United States Secretary of the Interior andoversight of the United Nations Secretary General, at which time theInhabitants of the Hawaiian Islands and representatives of the UnitedStates, representatives from the United Nations and bona fide humanrights groups can begin the process of mediation in the context offormulating recommendations to correct longstanding inequities inHawai'i - US political relations to prevent a proliferation of aparteidwhich has fostered and lends to the incitement and commission of crimesof genocide.
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