Posted by Pono Kealoha on August 30, 2009 at 3:12pm
Response of a Hawaiian national regarding the Akaka Bill/ NHGRAMembers of the Commission Gerald A. Reynolds, Chairperson Abigail Thernstrom, Vice Chairperson Jennifer C. Braceras Peter N. Kirsanow Arlan D. Melendez Ashley L. Taylor Michael Yaki Kenneth L. Marcus, Staff DirectorU.S. Commission on Civil Rights624 Ninth Street, NWWashington, DC 20425(202) 376-8128 voice(202) 376-8116 TTYwww.usccr.gov Executive SummaryOn January 20, 2006, a panel of experts briefed members of the U.S. Commission on Civil Rights on the Native Hawaiian Government Reorganization Act of 2005. Noe Kalipi, the Democratic Staff Director on the Senate Committee on Veteran’s Affairs; H. William Burgess, Lead Attorney, Grassroots Institute of Hawaii; H. Christopher Bartolomucci, Partner, Hogan & Hartson; and Gail Heriot, Professor of Law, University of San Diego Law School made presentations and offered their expertise. The briefing was held at the U.S. Commission on Civil Rights headquarters in Washington, D.C. A transcript of the briefing is available on the Commission’s website, www.usccr.gov, and by request from Publications Office, U.S. Commission on Civil Rights, 624 Ninth Street, NW, Room 600, Washington, D.C. 20425, (202) 376-8128, publications@usccr.gov. The Commission received sixteen timely public comments from this briefing. Most of these comments were from individuals who oppose the legislation on the ground that it would be racially divisive. Comments supporting the legislation were received from the State of Hawaii’s congressional delegation, the American Bar Association, the State of Hawaii’s Office of Hawaiian Affairs and Department of Hawaiian Homelands, and a University of Colorado law professor...............................................30 August 2009 Dear Commisioners: Your panel of experts are highly questionable and neglected to report all findings at the hearings it held in Hawai'i. I'm astounded how they manipulate facts to fit their agenda. Some statements regarding the "Native Hawaiian" as being the minority in Hawai'i at the time of the U.S. invasion and belligerent occupation is blatantly false. According to the 1890 census within the Kingdom of Hawai'i, 50.1% of the population were Hawai'i subjects/citizens who were nationals of this Hawaiian nation. Of the 50.1%, 84.4% were kanaka maoli and 15.6% were of non-kanaka maoli or of foreign blood and multi-ethnic. Only 88 persons were allowed dual citizenship who were pressed into service of the Kingdom with the compulsory oath of allegiance to the Kingdom's government as commissioned by the King. There were 49.9% foreigners residing in Hawai'i that were not citizens of the Hawaiian Kingdom. Most were contracted Asian laborers, some were Pacific Islanders, some were Europeans and contracted laborers, and some were U.S. Americans. Nonetheless, the country is founded by Polynesian Hawaiians, of Polynesian Hawaiians, and for Polynesian Hawaiians. I and many of us oppose the bill known as the Akaka Bill because it is errantly labelling, kanaka maoli, as a tribal, indigenous native Americans, when in truth, we are Hawai'i nationals under the belligerent occupation of the criminal U.S.A. which means our Hawaiian nation-state still exists. Under the U.S. doctrines of Manifest Destiny, imperialism, and expansionism, you are trying to relegate us from a lawful nation to a lowly tribal group under the heading of Native Hawaiian Government Reorganization Act of 2005 (S.147 and H.R. 309). This proposed governing entity does not have lawful jurisdiction to negotiate with the U.S. in addressing specified matters, including the transfer of lands, natural resources, and other assets, and the protection of existing rights related to such lands or resources. This is still your left hand dealing with your right hand without extending those hands to the lawful party, the U.S. occupied Kingdom of Hawai'i. This is not a government to government relationship; nor is this a nation within a nation which is simply defined as a belligerent occupation. In reality, this is an exclusive elite club of U.S. Americans calling the shots without jurisdiction. and for their own pecuniary advantage. We know the disingenuous Morgan Report was created by the Dragon Master of the KKK himself to exonerate the U.S. duplicious involvement as a cover-up. Thus, any reference to his contrived report or cite it as trustworthy is not credible or noteworthy. It is odd or true to form that you have included commenters belonging to the same group as H. William Burgess, Lead Attorney, Grassroots Institute of Hawaii; while habitually excluded the commenters that oppose the bill solely because we stand on our Hawai'i nationalism. While you all squabble to define us; we are telling you who we are: Hawai'i nationals of the belligerently U.S. occupied Kingdom of Hawai'i. So, why won't you listen! The U.S. is like an old dog dancing around; trying to catch its own tail. It's apparent that everyone wants to speak for the Hawaii nationals, the kanaka maoli. We know how to speak; you stay on your side and let us stay on our side and listen to what we are saying. It is concrete evidence and documentation that the U.S. Government and it's officials have been trying to annex Hawai'i for over 60 years prior to its unlawful invasion and belligerent occupation beginning in 1893. The Akaka Bill does not attempt true reconcilliation for the Hawai'i nationals and heads in the wrong direction to further subjugate us in your racist society. We are very cognizant of the deceit and fraud involving the U.S. invasion of our nation, belligerent occupation, disregarding our neutrality status, violating our treaties, using the unlawful Newlands Resolution by which Congress exceeded its constitutional authority, and creating a fake statehood committed by the U.S.A. and its representatives. These violations have been continuous and consistent with your WASP racist dogmas of Manifest Destiny you insistently apply. We strongly urge the U.S.A.'s government to cease and desist in their criminal affairs which is contrary to international laws, national laws, and internal laws. It behooves you to familiarize yourselves with your U.S. Constitution; in particular: Article I: Section 7/Section 10; Article II: Section 2; Article III: Section 2/Section 3; Article IV: Section 3; Article V; and Article VI. It is also hypocritical to state that we must adhere to the protections and guarantees of the U.S. Constitution when in truth, the U.S. doesn't follow it's own constitution; but uses a double-standard. The U.S. cannot continue the sham that it owns Hawai'i or that we had voluntarily embraced the theft of our nation. Our Ku'e Petitions of 1897 protest against annexation was signed and supported by 96% of its bona fide citizens in support of Queen Lili'uokalani. The Memorial, the Queen's Formal Protest, along with the Ku'e petitions helped in U.S. Congress to reject the treaty of cession/annexation. U.S. Rep. Ball said it all, " ...a deliberate attempt to do unlawfully that which can't be lawfully done." The legal opinion from the Dept. of Justice, Office of Legal Counsel, "It is therefore unclear which constitutional powr Congress exercised when it acquired Hawai'i by joint resolution. Accordingly, it is doubtful that the acquisition of Hawaii can serve as an appropriate precedent for a congressional assertion of sovereignty over an extended territorial sea." In constant light of these facts, it makes more sense to reject the Akaka Bill and its contents for these reasons and not solely on your panel of experts opinion that comprise of a "stacked deck". We are the ones you rarely get to hear from that have been barred in so many ways to be heard. I hope this has brought a broader scenario more realistic to the issue. Mahalo, Tane
I read and reread every word. My night classes will start this week, I want my students to have a copy as well as be able to understand their ability to read documents as powerful as yours. Also too, to discover their political voice within themselves. Mahalo for being in my life. Kaohi
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I read and reread every word. My night classes will start this week, I want my students to have a copy as well as be able to understand their ability to read documents as powerful as yours. Also too, to discover their political voice within themselves. Mahalo for being in my life. Kaohi