pettion,point of the spear

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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  • January 27,2009
    Aloha , Kawika Aukai Kulianuu:

    Point of the Spear... beautifully written, very informative.

    A short update on what is happening here on the main land...

    As you know I have been working on clean water and ocean pollution issues here on the Cali coast.
    Last week a friend of mine,Tom Murphy developer of the AES Reclamator,flew to New Mexico to discuss business opportunities with the Jemez Pueblo native American Peoples. AES is proposing that the National Congress of American Indians (NCAI) take control of the enforcement responsibilities away from the U.S.EPA regarding Title 33 of the Federal Clean Water Act.The failure of the U.S EPA to enforce it's own mandates and laws has become obvious.A resent example of the inconsistent and selective enforcement by the U.S.EPA can be sited by the issuance of a 301h Sewage Waiver for the Morro Bay/Cayucos Wastewater Treatment Plant (MB/CSD WWTP) and the denial of the same waiver in Honolulu.The U.S EPA and the California Water Boards were made aware of the dilapidated sewage collection system which is leeching sewage into our once sustainable Drinking Water Aquifers.The evidence was presented to several Governmental Agencies,including to the EPA regional director Alexis Strauss.,.During the publicly held meeting, hosted by the Central Coast Regional Water Quality Control Board (CCRWQCB), the board was made aware that the issuance of a 301h Waiver mandates pre-treatment at the point source of each discharge ie a residence.The EPA and the CCRWQCB also dismissed the reports on the condition of the sewer collection system as "dubious and spurious".Yet in a e-mail correspondence with the same EPA representative that denied Honolulu it's 301h wavier, states that the U.S EPA is looking at both collections and the WWTP in Honolulu.( E-MAIL included at the end of this message).
    That said, this might be a good opportunity for the Kingdom of Hawaii to step in and act as an third party mediator between the State of Hawaii (SOH) and the U.S EPA.By regaining it's control of enforcement regarding drinking water and wastewater,the Kingdom of Hawaii will be the Governing Body to control any development in the Hawaiian, Islands.By embracing technology that restores the basic human right to clean water while drastically reducing the carbon footprint associated with Climate Change,the Kingdom of Hawaii could be an internationally recognized example of Sustainability in the 21st Century.
    The AES Technology,, currently available has been approved by the National Sanitation Federation (NSF) to eliminate the discharge of Nitrosamines known as ammonia in nitrates at the point source.This is the only demonstrated technology currently available that adheres to the Federal Clean Water Laws. The U.S EPA who were created to administer and promulgate best available technology have failed to do so for over 30 years.It is time for a new sheriff and who better to administer the Water Laws than the sovereign people of the land .BY the way, the AES Reclamator technology was developed on Maui in the early 90's.
    Maybe someone should contact the mayor of Honolulu and help him get from under the Economic burden(fines) that is being perpetrated on the people of Hawaii by the Federal Government via the Selective Enforcement actions by U.S EPA.
    Thank You, for all that you do, Throwin' Peace and Love to your family of freinds.
    Respectfully,
    Richard E.T.Sadowski
    B.S.Mechanical Engineer
    CWEA Grade IV Wastewater Collection Sys.Operator
    Member Directory of Experts California Ocean Protection Council

    ( e-mail correspondence with EPA start at bottom of page)
    January 8,2008
    Dear Ms.Strauss,
    As I stated last month at the Central Coast Regional Water Resources Control Board hearing regarding the issuance of another 301h Sewage Waiver for the Morro Bay/Cayucos Wastewater Treatment Plant, the need to address the Collections systems and the WWTP holistically is essential.
    The flow data that I compiled while employed at the Cayucos Sanitary District clearly showed that the WWTP is surcharging regularly during peak dry and wet weather conditions.In addition the series of reports on the collection system shows that major exfiltration of untreated sewage is entering our ground water and ocean.The Cayucos Sanitary District (CSD) deemed me incompetent to evaluate the collections system and a year ago Morro Bay's city staff deemed my reports "dubious and spuious" reporting to the reginal board staff that the city has always been dedicated to pro-active maintenance..In addition the cities engineer stated that I do not have the qulification or expertise to evaluate a collection system.However SLO Telegram Tribune reported yesterday that the city of Morro Bay is now estimating the cost of repairing the sewer collections infrastructure at 10 million dollars.This does not include the cost of repair of the CSD's collection system. Meanwhile unreported raw sewage is continuing to exfiltrate into our beaches and once sustainable aquifers. For your information ,I have a B.S. in Mechanical Engineering with over 25 years of field engineering experience and hold a Grade IV Wastewater Collections System Operators Certificate from the California Water Environmental Association (CWEA).
    As you mentioned in the metting ,this matter still has to go before the California Coastal Commision (CCC).Unfortunately, the CCC board relies on the Reginal Water Control Board and EPA for technical findings and expertise, essentialy rubber stamping any decisions that have been reviewed by the reginal board staff. Meanwhile, last month the CCC has approved another large home to be built with a septic tank in Los Osos.
    You stated in your e-mail the need to focus on regulating both aspects of collection and treatment of sewage is essential.However new technology that can treat the pollutants at the point source(ie a residence) also need to be considered and pormulgated.By decentralizing and avoiding pumping sewage throughout a communitee into a POTW we can begin to combat the public health risks associated with emerging contaminates and Climate Change.For example the community of Los Osos would be an ideal place to implement advance technologies such as the AES Reclamator since there is no current collection system or POTW in that community.With the federal government recongnizing the need for a large stimulas package to address current failing antiquated infrastructure, what better time to introduce an economical, environmentally superior, and sustianable solution

    Respectfully,
    Richard E.T.Sadowski

    --- On Wed, 1/7/09, Strauss.Alexis@epamail.epa.gov wrote:

    From: Strauss.Alexis@epamail.epa.gov
    Subject: Re: EPA denies 301h waivers in Honolulu
    To: waterposse@yahoo.com
    Cc: "Drew Bohan"
    Date: Wednesday, January 7, 2009, 9:46 PM

    Dear Mr. Sadowski,
    We are indeed focused on both the Honolulu collection system, and on the
    performance of the Honolulu POTWs which held 301h variances. We are
    directly regulating both aspects. I have been tracking the many
    articles in the Hawaii press since we released our final decision
    yesterday.
    Kind regards,
    Alexis Strauss




    Richard Sadowski

    o.com> To
    Alexis Strauss/R9/USEPA/US@EPA
    01/07/2009 01:19 cc
    PM Drew Bohan


    Subject
    Please respond EPA denies 301h waivers in
    to Honolulu
    waterposse@yahoo
    .com









    January 7,2009
    Dear Ms. Alexis Strauss;


    On the front page in Honolulu today, the EPA denied two sewage
    waivers for their Wastewater Treatment Plants.The emerging contaminates
    from a dilapidated collection system can no longer be ignored, as
    expressed by the Mayor of Honolulu.
    Below is a link to one of the articals;

    Respectfully,
    Richard E.T. Sadowski

    http://www.honoluluadvertiser.com/article/20090106/BREAKING06/90106...
    -1/RSS01?source=rss_breaking
  • ALOHA Ka Akua
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