All Posts - Blog - Maoliworld

Wise Words From A Wise Man; Whom I Will Miss.

Posted by Tane on January 31, 2010 at 5:16am

http://www.counterpunch.org/waj01292010.htmlWeekend EditionJanuary 29 - 31, 2010An Interview with Howard ZinnDissent as DemocracyBy WAJAHAT ALIA great titan of the progressive movement passed away this week.Howard Zinn died of a heart attack in California at the age of 87.The indefatigable Zinn maintained a prolific activist and academic jab fueled by his political and social activism nurtured during The Civil Rights Movement. The esteemed historian and controversial rabble rouser's seminal work, "The People's History of the United States," endures as a popular and beloved history book giving voice to the often marginalized, oppressed and downtrodden members of our society conveniently edited out of the textbooks. Despite his advanced age, he was still touring, giving lectures, and showed no signs of stopping.Over the past two years, I exchanged several emails and correspondences with him after we conducted this interview. He always had a kind word, provided encouragement, gave great advice and made time to respond in spite of his hectic life.I will always remember and respect him for his unwavering moral and ethical compass which was always directed towards ensuring social justice and equality for all.Last year, Professor Zinn agreed to an interview reflecting on his historic and memorable time at Spelman College in the '60's, his thoughts on the Democratic Party, his philosophy of dissent as democracy, and his hope for America's future.I will let the man who spoke for the voiceless, speak for himself.ALI: Your experiences and acts of civil disobedience at Spelman College are, by now, thoroughly well known. However, in the 21st century, one could look at the student body at many liberal college campuses and see that fiery protest and consciousness replaced by apathy and materialism. Where has that fighting spirit gone? You spoke against "discouragement" at the 2005 Spelman College commencement speech - what of it now?ZINN: What you describe as the difference between the Sixties and today on campuses is true, but I would not go too far with that. There are campus groups all over the country working against the war, but they are small so far. Remember, the scale of involvement in Vietnam was greater - 500,000 troops vs. 130,000 troops in Iraq. After five years in Vietnam, there were 30,000 U.S. dead vs. today we have 4,000 dead. The draft was threatening young people then, but not now. Greater establishment control of the media today, which is not reporting the horrors inflicted on the people of Iraq as the media began in the U.S. to report on U.S. atrocities like the My Lai Massacre. In the case of the movement against the Vietnam War, there was the immediate radicalizing experience of the Civil Rights Movement for racial equality, whose energy and indignation carried over into the student movement against the Vietnam War. No comparable carry over exists today. And yes, there is more materialism, more economic insecurity for young people going to college - huge tuition costs putting pressure on students to concentrate on studies and do well in school.ALI: You were heavily involved in the Civil Rights Movement that dealt not only with racial empowerment and equality, but also re-examination of U.S. foreign policy and withdrawal from the brutal Vietnam War. Here we are now in 2008 with a seemingly unending, and many say illegal, occupation of Iraq. "Racism" has emerged as a contentious topic due to Obama running for President and his Reverend's controversial comments. Yet, most say he and other candidates talk "pretty" but are unwilling to fundamentally confront and change the problems of race and foreign policy. As one who has observed this socio-political climate from the grassroots since the 1960's, what has changed if anything in regards to racial enlightenment and the humanizing of non - American, "foreign others"?Zinn: The Civil Rights Movement was an educational experience for many Americans. The result was more opportunities for a small percentage of Black people, perhaps 10% or 20%, so more Black youth going to college and going into the professions. A greater consciousness among White people - not all, but many - of racism. For most Black people, however, there is still poverty and desperation. The Ghettos still exist, and the proportion of Blacks in prison is still much greater than Whites. Today, there is less overt racism, but the economic injustices create an "institutional racism" which exists even while more Blacks are in high places, such as Condoleeza Rice in Bush's Administration and Obama running for President.Unfortunately, the greater consciousness among Whites about Black equality has not carried over to the new victims of racism - Muslims and Immigrants. There is no racial enlightenment for these groups, which are huge. Millions of Muslims and an equal number of immigrants, who whether legal or illegal, face discrimination both legally from the government and extra-legally from White Americans - and sometimes Black and Hispanic Americans. The Democratic Presidential candidates are avoiding these issues in order to cultivate support among White Americans.This is shameful, especially for Obama, who should use his experience as a Black man to educate the public about discrimination and racism. He is cautious about making strong statements about these issues and about foreign policy. So, in keeping with the tradition of caution and timidity of The Democratic Party, he takes positions slightly to the left of The Republicans, but short of what an enlightened policy would be.ALI: You said the democratic spirit of the American people is best represented when people are picketing and voicing their opinion outside the White House. How does this nature of dissent and protest serve as the crux of a democracy and a healthy, functioning civic society? Many would argue this is divisive, no?ZINN: Yes, dissent and protest are divisive, but in a good way, because they represent accurately the real divisions in society. Those divisions exist - the rich, the poor - whether there is dissent or not, but when there is no dissent, there is no change. The dissent has the possibility not of ending the division in society, but of changing the reality of the division. Changing the balance of power on behalf of the poor and the oppressed.ALI: The People's History of The United States is now considered a seminal work taught in high schools and universities across the country. Why do you think the work has had such lasting, influential impact?ZINN: Because it fills a need, because there is a huge emptiness of truth in the traditional history texts. And because people who gain some understanding on their own that there are things wrong in society, they look for their new consciousness; their new feelings to be represented by a more honest history.ALI: Minority voters, like Hispanic Catholics, voted solidly for Bush in 2002, and some sons of immigrants have virulent anger and disdain against "illegal" immigrants. It seems many marginalized voices have forgotten their history and now side with those actively intent on keeping them either on the sidelines or in some form "oppressed." How do we explain this discrepancy?ZINN: It is to the interest of the people in power to divide the rest of the population in order to rule them. To set poor against middle class, White against Black, Native born against immigrants, Christians against other religions. It serves the interest of the establishment to keep people ignorant of their own history,ALI: Most say that corporations now own American media. What is the proper outlet for democratic discourse and dissemination of information if indeed there is a biased monopoly over media?ZINN: Because of the control of the media by corporate wealth, the discovery of truth depends on an alternative media, such as small radio stations, networks like Pacifica Radio, programs like Amy Goodman's Democracy Now. Also, alternative newspapers, which exist all over the country. Also, cable TV programs, which are not dependent on commercial advertising. Also, the internet, which can reach millions of people by-passing the conventional media.ALI: Will anything change in regards to US foreign policy in the Middle East, specifically on Palestine and Israel, if the Democratic Party wins in 2008?ZINN: The Democratic candidates, Clinton and Obama, have not shown any sign of a fundamental change in the policy of support of Israel. They have not shown sympathy for the plight of the Palestinian people. Obama has occasionally referred to the situation of the Palestinians but as the campaign has gone on, he seems reluctant to bring this up, and instead emphasizes his support of Israel.So, a change in policy will require more pressure from other countries and more education of the American people, who at this point know very little about what has been happening to the Palestinian people. The American people are naturally sympathetic to those they see as oppressed, but they get very little information from political leaders or the media, which would give them a realistic picture of the suffering of Palestinians under the Occupation.ALI: How can "the left" reconcile their assumed indifference to religion with the growing "religious" sector of society siding with the "conservative" parties? Can there be a peace between the two or is this a permanent schism? I've noticed bigotry on both sides, between the "secularists" and "religionists."ZINN: The Left needs to more clearly make a distinction between the bigotry of fundamentalism and the progressive tradition in religion. In Latin America, there is "liberation theology." In the U.S., there were the priests and nuns who supported Black people in the South and who protested against the Vietnam War. So, it's not a matter of being for or against religion, but of deciding whether religion can play a role for justice and peace rather than for violence and bigotry.ALI: Most don't know that you were a bombardier during WW2. Did this experience bring about the epiphany catalyzing fundamental changes in your ideology?ZINN: I did not know much history when I became a bombardier in the U.S. Air Force in World War II. Only after the War did I see that we, like the Nazis, had committed atrocities...Hiroshima, Nagasaki, Dresden, my own bombing missions. And when I studied history after the War, I learned from reading on my own, not from my university classes, about the history of U.S. expansion and imperialism.ALI: You're now a man in his golden years, and you look back at your many accomplishments. You've done amazing things. Any regrets? And also, if you could choose something that would embody your legacy - what would it be?ZINN: I have no regrets about my political activity, only that I sometimes got carried away with it and didn't find the right balance between obligations to my family and my need to be involved in social movements. As for a work of mine that embodies my "legacy," probably it is not one book, but rather the combination of being a writer and an activist, being a public intellectual, by using my scholarship for social change.ALI: Many look to the future horizons with bleak, cynical eyes foreshadowing disastrous scenarios resulting from our hubris and excess. Recession. War. Deficit. Extremism. Global Anti Americanism. Insincere Partisan politics. Will we implode? Can we move forward? Do you have hope for the future of America?ZINN: The Present situation for the U.S. looks grim, but I am hopeful, as I see the American people waking up and being overwhelmingly opposed to this war and to the Bush regime, as I reflect on movements in history and how they arose surprisingly when they seemed defeated. I believe the American people have the capacity to create a new movement, which would change the direction of our nation from being a military power to being a peaceful nation, using our enormous wealth for human needs, here and abroad.Wajahat Ali is a writer, journalist, blogger and attorney. His work, "The Domestic Crusaders," is a landmark play about Muslim Americans premiering on 9-11-09 in New York. He blogs at Goatmilk. Follow him on Facebook and Twitter.

HAWAI‘I FILM RECEIVES SPECIAL JURY PRIZE AT TAHITI FILM FESTIVAL

Posted by Pono Kealoha on January 30, 2010 at 2:54pm

HAWAI‘I FILM RECEIVES SPECIAL JURY PRIZE AT TAHITI FILM FESTIVAL
International Jury Honors “Noho Hewa” for Being “Militant and Uncompromising”

FOR IMMEDIATE RELEASE
Saturday, January 30, 2010

MEDIA CONTACT:
Ana Currie, Pasifika Foundation Hawai‘i
e-mail: acurrie@hawaii.rr.com

PAPEETE, TAHITI– Hawaiian filmmaker Anne Keala Kelly’s newly released documentary“Noho Hewa: The Wrongful Occupation of Hawai‘i” was awarded a specialjury prize at this week’s Festival International Du Film DocumentaireOceanien (FIFO) in Tahiti.

Thepacked Grand Theatre at Papeete’s Maison de la Culture exploded intoloud cheers, hoots and applause when the special jury prize for Noho Hewa: The Wrongful Occupation of Hawai‘i was announced last night at the closing event of the Festival International Du Film Documentaire Oceanien (FIFO) in Tahiti.

Jurors were moved by its raw and passionate portrayal of the struggles of today’s native Hawaiians.

Noho Hewa had attracted considerable attention among theprofessional and community viewers for its edgy and explicit expressionof the ongoing effects of colonialism in Hawai‘i. For many Tahitian andother visiting Pacific island viewers, Kelly’s film enabled them tounderstand, for the first time, the realities faced by the Hawaiianpeople in their own homeland, and the kanaka Maoli (native Hawaiian)resistance to the desecration and obliteration of their culture by theUS military, real estate development, and tourism pressures.

In the Hawaiian language, hewa means “wrong” and nohomeans “to occupy.” From the military exercises and bombings at Makuaand Pohakuloa and the desecration of burial sites at Hokulia andWal-mart, to Maoli homelessness – in stark contrast to the widespreadconstruction of upscale gated communities – and the resistance to theAkaka bill, Kelly’s film weaves a context of understanding of how theU.S. overthrow and continuing occupation of the sovereign Kingdom ofHawai‘i affect every aspect of native Hawaiian life. The film makes acase that through the force of U.S. laws, economy, militarism, and realestate speculation, the Hawaiian people are facing systematic,intentional obliteration.

The film features interviews with Hawaiian activists and academics,whose comments serve to further clarify the significance and direnessof the ongoing erosion of Hawaiian culture. That’s a message thatresonates deeply with the people of the islands of Pasifika, most ofwhom continue to struggle with many of the same issues.

Noho Hewa was more than six years in production, and in 2008 won the Hawaii International Film Festival’s Award For Best Documentary. Kellyis a Hawaiian journalist and filmmaker who has reported on politics,culture, the environment and indigenous peoples. Keala’s reports airregularly on the Pacifica Network’s Free Speech Radio News and herprint journalism has appeared in The Nation, Indian Country Today, Honolulu Weekly, Hawai‘i Island Journaland other publications. Her news footage has been featured on TheNewsHour with Jim Lehrer and Democracy Now! and in September 2008 Kealaco-produced “The Other Hawaii” for Al Jazeera. She has an MFA inDirecting from UCLA.

The Grand Prize winning film at FIFO was Te Henua E Noho, a moving film about the effects of climate change on a small island community. Te Henua E Noho was directed by New Zealander Briar March and produced by On The Level Productions.

The winner of the Prix Selection du Public – the popular choice of screening audiences – was Terre Natale: Retour a Rurutu,directed by Jean-Michele Corillon and produced by Kwanza & BleuLagon Production & Canal Overseas. A visually stunning andemotionally rich presentation, this documentary tells the story of twoyoung adults, a brother and sister, who were born on the island ofRurutu in the Austral archipelago of French Polynesia and adopted asvery small children by a French couple. After growing up in France,they return to Rurutu to re-connect with their culture and re-discovertheir roots.

Three special jury awards were given; along with Noho Hewa, the Austalian film Bastardy and the New Zealand documentary The Topp Twins: Untouchable Girls were also given special tribute by the jury for their unique and compelling character.

FIFO is one of Pasifika’s major film events, a gathering of filmmakers,TV producers, and multimedia journalists from throughout the region tomeet, network, and develop projects together. The 2010 festivalscreenings attracted more than 20,000 viewers in four screening venuesat the cultural center.

Festival officials describe the event as a “meeting place for lovers ofthe Pacific, our vast region, which boasts such a varied and thrivingcultural heritage, synonymous with dreaming, mystery and exploration .. . an enriching, sometimes astonishing, often surprising experienceranging over characters, identities, history and current affairs.”

Hawai‘i was represented at the festival by Kelly’s film, as well as by Olohega, a documentary produced by a partnership of Pasifika Foundation Hawai‘i (PFH) and TV New Zealand/Tagata Pasifika. Olohegawas selected by the festival committee as one of the 25 films screenedfor general festival audiences in addition to the 17 films that wereentered in the juried competition. Both Noho Hewa and Olohegawere also among the seven films chosen for special question-and-answersessions, an indication of the intense interest generated by theseHawai‘i-based films. Pasifika Foundation Hawai‘i executive director AnaCurrie was on hand to answer questions about Olohega, whichchronicles the poignant and heartbreaking story of Tokelau’s fourthisland, Olohega, which was claimed by an American whaling captain, EliJennings, in 1856. In 1925, Jennings’ descendants utilized theirAmerican connections to successfully annex Olohega, known then as“Swains Island,” to the United States, and continue to maintain theirownership of the island today.

The film tells the stories of the Tokelauan people of Olohega who wereforcibly evicted from their island home in the 1950s. In their ownwords, the elders who now live in a tight-knit community on Oahu inHawai‘i, describe their shock, sadness and shame at their eviction, aswell as their longing to return to their beautiful and fertile island.Only a handful of people now live on Olohega, an island that once, ascommunal farming land, supported many Tokelauan communities with itsbounty of crops.

After announcing the special jury award for Noho Hewa,jury member Elise Huffer explained that every member of the jury hadbeen deeply affected by Kelly’s film. “This film is militant anduncompromising,” she stated, and said that the jury was unanimous inchoosing to award a special prize for this film that told such animportant story in such a powerful way.

“I’m shocked and deeply honored,” said Kelly in a post-award interview.“And for me the most important thing is that the message of the filmwas so strongly embraced by the jury, and by the audiences here. Thisis a story that needs to be told, and to be able to share it with otherpeople of the Pacific is very meaningful to me.”

-end-

Photo Courtesy of FIFO

IDs on “FIFO Award Winners” group shot:
From left:
Dong-Ho Kin (jury member from South Korea); Adolphe Colrat (French Polynesia High Commisioner); Jean-Michel Corillon (director, Terre Natale); George Andrews (accepting award for Leanne Pooley, The Topp Twins); Anne Keala Kelly (director, Noho Hewa); Amiel Courtin-Wilson (director, Bastardy); Viri Taimana (jury member from Tahiti); Briar March (director, Te Henua E Noho);Florence Aubenas (Jury President); Gaston Tong Sang (President ofFrench Polynesia); Olivier Poivre D’Arvor (jury member from France);Michael Kops (Regional Director, RFO Polynesie); Mita Teriipaia(Minister of Culture of French Polynesia).

GetAttachment.aspx?tnail=1&messageId=ba6db2c0-0dfd-11df-b39d-00215ad96bb8&Aux=44%7C0%7C8CC7021A783ED30%7C%7C

FIFO award winners.jpg

AKAKA BILL WON'T HELP HAWAIIANS

Posted by Free Hawai`i on January 30, 2010 at 12:00am

Why have we native Hawaiians allowed another culture (American) to determine our self determination?We keep allowing the thieves into our house, only to be told by the thieves, "Let's vote to decide if we (the thieves) will be allowed to stay."The way a lot of people look at the Akaka Bill, native Hawaiians are being told if we do vote for it, we're racists — and if we don't vote for it, then, "You had your chance."This bill is a total sham. We'll get nothing but another layer of American government to deal with, and it'll end up like the Office of Hawaiian Affairs: supposedly for the people but answerable to the US government.William Kalamakuaikalani DeBoltKea`au, Hawai`i

WHAT DOES A FREE HAWAI`I LOOK LIKE?

Posted by Free Hawai`i on January 29, 2010 at 12:00am

Federal Recognition, the Akaka bill, is not the answer, so what is?

Can the US really help create a bright future for the Hawaiian Nation? What solutions will benefit all residents of Hawai`i?

Hawaiians want and deserve freedom just as much as US citizens do.

Some say, “the illegal act of war that overthrew your Queen can’t be erased . . . like it or not, you’re all Americans now.”

But, every day we see people around the world fighting for, and winning back their native and national rights. Their quest, and ours are totally legitimate and very real.

Like everyone else, Hawai`i Nationals want four basic things –

FREEDOM – The freedom to decide their own future for themselves. That “freedom” was taken away when the sovereign Nation of Hawai`i was overthrown in 1893. It was taken away again by illegal annexation to the United States in 1898. And, it was taken away a third time by the fake statehood vote in 1959.

According to international law, a new vote must to be taken that offers three options – 1) Independence, or 2) Free-Association or 3) Integration (nation within a nation.)

RIGHTS – The rights of the independent Nation of Hawai`i were never relinquished. The destruction and denial of these rights must cease. Everyone who descends from citizens of the Hawaiian Nation prior to 1893, regardless of race, are entitled to these rights.

IDENTITY – The political identity of Hawai`i Nationals must be acknowledged by the United States. They will decide their own future, without interference by the US. And, only those with any measure of indigenous blood may define who is native Hawaiian. A blood quantum imposed by the US is an unacceptable means to divide and conquer.

LAND BASE - Hawai`i Nationals love their country and lands just as much as US citizens love the US. Hawaiians want all their land back, not just some of it.

AFFORDABLE HOUSING HOMELESS ALLIANCE IN HALEIWA

Posted by Namaka'eha on January 28, 2010 at 1:51pm

Aloha. I've volunteered since December 18, 2009 and finally became official under Americorp. Houseless in Hawaii is an issue in Haleiwa and throughout the State of Hawaii. In Haleiwa, my agency service more Kanaka Maoli than any other race. Rgardless, we are in flux and may have to relocate if we do not find another site. Please send a prayer to AKUA so we may remain in Haleiwa to service clients.AHHA provides housing support and advocate for clients who need food, clothing, etc. In the midst of all challenges we face, houselesness does exist. What is the solution? Affordable housing is most likely, however even for myself, it cost to much. I would have to rent with another friend or more to cover cost.A friend was more to living on the 'aina rather than housing. Perhaps the choice of not paying for something is ideal, but when the vision of being houseless exist, it may be easier for a single male than a woman with children. Regardless, men are more likely to persist if chose this lifestyle, but the bottom line is that everything cost money and houselessness does exist and no easy solution.Would an expectation to live in a house to much to ask rather than camp? These are common questions raised everyday, yet others have no care or place to call home living on the beach. As for myself, I advocate in be half of clients and empower them to persist against all odds.If you have any suggestions or kokua, shoot a holler in "POST."namaka'eha

Hawai'i TV Blog Update!!!

Posted by Kaleo Farias on January 28, 2010 at 10:57am

Check out Hawai'i TV's newest "video blogs" on www.hawaiitvblog.com. If you want to watch and have access to all of Hawai'i TV's past "video blogs," please click on the title of the video blog posted. An example would be "Video Blog #40: Akaka Bill Debate - (Part 1) - This will take you to where Hawai'i TV posts and stores all of our "video blogs," for everyone's enjoyment. You can also go directly to www.hawaiitvblog.com/forum, which is also where we store all of Hawai'i TV's past "video blogs" that we have ever done from day one until today.If you haven't already, please pass this along to all of your family and friends. We are looking forward to connecting with each and everyone of you soon. Mahalo nui to all of you as well for all of your support. We would not be what we are, if it was not for you, our "raving fans."

Anyone know the name of the 2 full length sovereignty videos that came out.

Posted by Scott Keawemauhili Wong on January 28, 2010 at 8:43am

Several years ago I bought 2 sovereingty videos but sent it to a writer friend of mine in Hollywood to try and get the story out. But I forgot the names of the video... Any help?

WHAT'S THE DIFFERENCE BETWEEN THE AKAKA BILL & A FREE HAWAI`I?

Posted by Free Hawai`i on January 28, 2010 at 12:00am

A Free Hawai`i is a sovereign state with dominion, the right to join the UN, and fly it's own flag.More important, independent states have a well-defined set of rights under international law, such as the right not to be invaded and belligerently occupied.On the other hand, under federal recognition and the Akaka bill, Hawai`i would technically become a "captured nation," meaning that international law could not prohibit the US commencing aggression and total extermination of its indigenous Hawaiian population.Even worse, Native recognition would be conditional only after extinguishing Hawaiian Kingdom Citizenship political status - your right to exist.US law would not grant full autonomous self-rule and would in fact destroy territorial integrity which continues to exist right now, even as you read these words.Why reject "native recognition" for a Free Hawai`i ?Independence is a formal recognition of Hawai`i's territory and laws. It's subjects are not under US jurisdiction.The Hawaiian Kingdom still has its own bill of rights, constitution and comprehensive complied laws.Only by the assertion of our Dominion and Hawai`i Territorial Authority can we protect our beloved homeland with international support.

They try to eradicate Hawaiians from the aina when they themselves are pests: Fire ants and grits

Posted by Ululani on January 27, 2010 at 9:30pm

Mahalo to Pono Kealoha for bringing this article to my attention since I have been busting my elemu and will be for the next five years so have not been reading the local racist local B.S. papers that single out and target Hawaiians based on their national origin and that recently as of 2010 began to enforce that comments be civil in nature. This started in 2010 ?!?!?! when they took the initiative to STOP some people from leaving racist comments which only NOW can be deleted. Small kine LATE. Big time f*cked up.Well this article is about fire ants that have been "discovered" on Moku o Keawe. Yeah right. Someone did this purposefully:http://www.honoluluadvertiser.com/article/20100127/BREAKING01/100127046/Little+fire+ants+spread+across+Big+IslandIn Florida we have this lingering problem but out in the Pacific Ocean it MUST have been brought in thus imported.I notice that as usual instead of discussing SOLUTIONS to RESOLVE the problem they focus ON the problem. Stupid mind games!So with the help of the local B.S. media they collude together to try to get rid of Hawaiians. Strip everything away. Not just the land. It doesn't end there.The water. For drinking and food.The fish supply.The supply of poi.Shelter. Some Hawaiians have NOWHERE to go.Pesticides have been shown to adversely affect keikis' health. See PubMed for research: http://www.ncbi.nlm.nih.gov/pubmed/However there is an easy solution that I learned from some rednecks repping an area called Moon Lake that the FBI entered just a few years ago to arrest and remove some KKK members. By the way my friends call themselves rednecks so the politically correct self righteous people can simmer down.They use grits: 412GNPZW84L._SL500_AA277_.jpg

It costs less than $3 per box. I buy the generic ones. It does not have to be fancy. I sprinkle some on fire ant hills.When the fire ants eat the grits... they explode.No need for pesticides.No poisoning the keiki o ka aina which is exactly what they want to do.Grits can be found at Safeway, WalMart, etc.Of course if people look online businesses are saying that it doesn't work. Well of course because they are trying to sell you something *rolling eyes*I use this instead of pesticides in my yard. Fire ants cannot be totally destroyed though. They move from one area to another. However sprinkling grits on fire ant hills help without poisoning the keiki o ka aina.When fire ants bite one can have an allergic reaction. Sometimes that happens to me and when bitten by a fire ant I rub ammonia on the fire ant bite. A bottle of ammonia is roughly $2 or $3. I get it at a dollar store for $1 plus tax.By the way groceries and medicines are NOT taxed in the State of Florida. Some people do not understand why I like Florida so much because gee they RESPECT ME what I a concept LOL Hawai'i is and will always be HOME to me. I plan to be buried at HOME but in Florida the PEOPLE are respected while in Hawai'i... I am appalled at how they treat HAWAIIANS. Of course some people look at ME as though I have FIVE heads LOL but I LIKE Florida because they treat the Seminoles with respect. The same CANNOT be said about the "state" of Hawai'i.Some people do not like it when I am honest which is mind boggling LOL but the "state" of Hawai'i treats dogs BETTER than they do Hawaiians... and I have dogs! I have also seen what is outside of Hawai'i and I am shocked when I compare and contrast HOME with other places. How they treat Hawaiians. Wow!!!Anyway that's another thing I learned too. Rubbing ammonia on the fire ant bite may help decrease the allergic reaction (swelling) as long as it is rubbed in asap.E malama pono!

Three of my columns, with themes touching on Hawai'i

Posted by Waihili on January 27, 2010 at 4:48pm

Possibly of interest, the columns I've recently published in Carnal Nation (an adult-type site of sex news and writing, so be warned).Le'ale'ahttp://carnalnation.com/content/44973/999/lealeaHawai'i Yellow Page Blues:http://carnalnation.com/content/46046/999/hawai-i-yellow-page-bluesSky Dancers and Lizard Women: Mo'o and Dakinihttp://carnalnation.com/content/45571/999/sky-dancers-lizard-women-mo-o-dakini

Uncle Eddie Ka`anana Tribute: Ku`i Kalo at Capitol on 1/25/10

Posted by Pono Kealoha on January 27, 2010 at 12:30pm

Wednesday, January 20, 2010

Uncle Eddie Ka`anana Tribute: Ku`i Kalo at Capitol on 1/25/10

OnMonday, January 25, 2010, Friends of Uncle Eddie Ka`anana and Rep.Maile Shimabukuro are co-sponsoring a tribute to a beloved kupuna (Hawaiian elder), Eddie Ka`anana. Ka`anana passed away in July 2006. Ka`ananahailed from Miloli`i, a fishing village in South Hawai`i Island, anddedicated the last 25 years of his life to passing on the traditionalHawaiian practices that he was raised with. In particular, Ka`ananataught others to speak Hawaiian, malama aina (care for the land), and ku`i kalo(makepoi). Ka`anana became an "uncle" to hundreds, if not thousands, ofyoung people, through his volunteer work at Ka`ala Farm, AnuenueHawaiian language immersion school, Kapapa Lo`i `O Kanewai at UH-Manoa,and other venues."In memory and celebration of uncle Eddie Ka`anana we invite all whom he touched to join together on his birthday to clean andku`i kalo (make poi) at the State Capital Rotunda," said Rep. Maile Shimabukuro, one of the event co-sponsors."To gather and ku`i (pound taro) is a simple demonstration of our connection with and love of Haloa, ourculture, real food and our love for uncle. It will send a message toour lawmakers that we are here again. Kaipo`i and I `see' that unclewill be smiling to see us together at the capitol," said Vince Kana`iDodge, one of the organizers.Many in the group support the ban on genetic modification of kalo (taro), the plant which Hawaiians believe is their ancestor, Haloa.Date: January 25, 2010Time: 3-7pmPlace: Rotunda, State Capitol (courtyard on ground level, site of previous "Haloa Jam") What to bring: ku`i mea, cooked kalo (taro), i`a(fish), la`i (ti leaf) for wrapping pa`i`ai (concentrated poi), awa, kanikapila (musical instruments and song)We will provide some cooked kalo and i`a malo`o (dried fish), bring extra ku`i and cleaning meaKokua (help) needed with: setup, cleanup, cookingkalo, organizing the presentation of Ku Kahakalau’s DVD “na kupuna”, getting footage of uncle’s last public appearance and sharing (Bachman Hall Haloa Rally), inviting na kanaka i aloha nui o anakalaContact: Kaipo`i Kellings, 722-8175 Vince Kana`i Dodge, 478-6492, aipohaku@hotmail.comRep. Maile Shimabukuro, maileshimabukuro@yahoo.com

http://kauluhoi.org/puke7/helu7/manu.html

'Anakala Eddie
Auē! Auē!
Ua hala aku nei
Ka iki hāwa'e o Miloli'i
Ke 'a'ali'i kū makani
Kani ka leo
Kanikau ē
Lu'ulu'u ko Ho'ōpūloa uka
I ka hā'ule 'ana o ka pua
Lu'ulu'u ko Ho'ōpūloa kai
Kai kinai ahi a ka wahine
Auē! Auē!
Ua hala aku nei
Ka loea lawai'a kaulana
Hānai i ke ko'a i ke kalo
Ho'i i ke kai lana mālie
Hele lanakila ka 'ōpelu
Lu'ulu'u ke kupunahine
'O Oemaliekeliikipipaialua
Lu'ulu'u ke kupuna kāne
'O Kaanana
Auē! Auē!
Ua hala aku nei
He makua ia no'u
He makua ia no ka lāhui
Kulu ka waimaka
Uē ka 'ōpua ē
Lu'ulu'u nā pilikana
'A'ole o kana mai
Lu'ulu'u ko Hawai'i a puni
He 'eha a lohe mai i ke a'o
Auē! Auē!
Ke hala aku nei
Nā hulu kupuna
Nā māpuna leo o ka 'ike
Pa'a mo'olelo
Nā 'ōlelo a'o ē
Lu'ulu'u nā kamali'i
'Ehia mea aloha i ka mamo
Lu'ulu'u nā haumāna
Nele i ka māna 'ai
Auē! Auē!
Ke hala aku nei
Ka mano o ka 'ikena
Ka lehu o ka 'ikena
I pa'a i nā kūpuna
Ka pūnāwai o ke ola
Lu'ulu'u ka houpo
Āhea kāua e hui hou ai
Lu'ulu'u ka manawa
Aloha 'oe e 'Anakala

UH vows to hold off genetic tests with Hawaiian taro
Researchers will consult with native Hawaiians on cultural concerns
Wednesday, May 25, 2005
By Diana Leone
dleone@starbulletin.com

Hawaiian varieties of taro will not be used in any University of Hawaii genetic engineering research until native Hawaiians advise scientists about cultural concerns, a university dean said yesterday.

VOICE CONCERNS

Anyone with concerns about genetic engineering of Hawaiian taro varieties can contact William Souza, of the Royal Order of Kamehameha, at 282-6005, or Andrew Hashimoto, dean of the University of Hawaii College of Tropical Agriculture and Human Resources, at 956-8234.

The promise is an attempt to stave off controversy and foster dialogue between the university and the native Hawaiian community, said Andrew Hashimoto, dean of the College of Tropical Agriculture and Human Resources.

The dialogue is expected to take place through a process being organized by the Royal Order of Kamehameha on all islands.

To solidify the promise, Hashimoto signed a one-page statement about the university's intentions with taro research yesterday at a taro patch at the UH Center for Hawaiian Studies. "We have encountered perceptions in the community that CTAHR's taro research focuses entirely on genetic engineering and that the college sells or gives away genetically engineered taro huli (shoots). These perceptions are incorrect," the statement said.

"The CTAHR scientists currently involved in genetic engineering research on taro have no plans to modify Hawaiian taro varieties." The only ongoing genetic engineering of taro at the UH is of a Chinese variety and is being done only in a lab setting, not in greenhouses or open fields, Hashimoto said.
Genetic engineering involves the placement of a gene from one species of plant or animal into a different species. For example a disease-resistant gene in rice could be added to taro. Genetic engineering is much faster than traditional cross-breeding, Hashimoto said.

Opponents of genetic engineering worry that open-field test crops could escape test plots and affect native plants or other nongenetically engineered crops nearby, said Kat Brady of the environmental group Life of the Land.

But for taro, the cultural factor is an additional concern.

The connection between Hawaiians and taro goes beyond its historical use as a staple food to a "mystical, mythological parable that all Hawaiians are attached," said kumu John Lake, who chanted in Hawaiian, then spoke in English at yesterday's event.

"Kalo (taro) is intrinsically part and parcel of Hawaiians and of ohana," he said.

In Hawaiian mythology, the gods Wakea and Ho'ohokukalani's first child, Haloanakalaukapalili, was stillborn. When he was buried in the ground, he became the first taro plant, said Nalei Kahakalau, a teacher at the Big Island public charter school Kanu O Ka Aina.

The couple's next child, Haloa, was the founder of the Hawaiian people, according to the legend.

Visiting students from the Big Island charter school chanted about the legend for those attending the event.

The prospect of genetically altering taro is "kind of scary," said Ernest Tottori, president of Honolulu Poi Co., one of the islands' largest taro growers and processors.

For example, taro is known to be tolerated by people with allergies to wheat and rice, but Tottori asked what if it lost that quality under genetic engineering?

"You want to be very cautious about anything like that," he said.

http://starbulletin.com/2005/05/25/news/index4.html

Four New Hawai'i TV "Video Blogs" Posted

Posted by Kaleo Farias on January 27, 2010 at 10:16am

Aloha, Maoliworld ohana. Just letting you know that Hawai'i TV just posted four new "video blogs." Just click on videos on the top, where it says videos and you will see that Maoliworld has over 1,210 videos that has been uploaded for all of us to watch. Make sure you check out our daily "video blogs," here on Maoliworld or go directly to our website at www.hawaiitvblog.com. Mahalo Nui to you all...

FREE HAWAI`I TV - "FOUNDATION FOR THE HAWAIIAN NATION"

Posted by Free Hawai`i on January 27, 2010 at 7:37am

FREE HAWAI`I TVTHE FREE HAWAI`I BROADCASTING NETWORK"FOUNDATION FOR THE HAWAIIAN NATION"It's Being Talked About Now That Word's Out.A Fine New Website Online & When You See, We Think You'll Agree.Want To Find Out?Go Here - KoaniFoundation.org To Check It Out. Then Send This Video To One Other Person Today.

Securing Disaster in Haiti

Posted by Pono Kealoha on January 26, 2010 at 10:45pm

http://mrzine.monthlyreview.org/2010//hallward240110p.html

Securing Disaster in Haiti
by Peter Hallward

Nine days after the devastating earthquake that struck Haiti on 12 January 2010, it's now clearthat the initial phase of the U.S.-led relief operation has conformed to thethree fundamental tendencies that have shaped the more general course of theisland's recent history. It has adopted military priorities and strategies.It has sidelined Haiti's own leaders and government, and ignored theneeds of the majority of its people. And it has proceeded in ways thatreinforce the already harrowing gap between rich and poor. All threetendencies aren't just connected, they are mutually reinforcing. Thesesame tendencies will continue to govern the imminent reconstruction effort aswell, unless determined political action is taken to counteract them.

I

Haiti is not only one of the poorest countries in the world, it is also one of the most polarisedand unequal in its disparities in wealth and access to political power.¹ A small clique of rich andwell-connected families continues to dominate the country and its economy whilemore than half the population, according to the IMF, survive on a householdincome of around 44 US pennies per day.²

Mass destitution has grown far more severe in recent decades. Starting in the 1970s,internationally imposed neo-liberal 'adjustments' and austerity measuresfinally succeeded in doing what no Haitian government had managed to do sincewinning independence in 1804: in order to set the country on the road towards'economic development', they have driven large numbers of small farmers off their land and into densely crowded urban slums. A small minority ofthese internal refugees may be lucky enough to find sweatshop jobs that pay thelowest wages in the region. These wages currently average $2 or $3 a day;in real terms they are worth less than a quarter of their 1980 value.

Haiti's tiny elite owes its privileges to exclusion, exploitation and violence, and it isonly violence that allows it to retain them. For much of the lastcentury, Haiti's military and paramilitary forces (with substantial amounts ofUS support) were able to preserve these privileges on their own. Over thecourse of the 1980s, however, it started to look as if local militaryrepression might no longer be up to the job. A massive and courageouspopular mobilisation (known as Lavalas) culminated in 1990 with the landslideelection of the liberation theologian Jean-Bertrand Aristide as president.Large numbers of ordinary people began to participate in the politicalsystem for the first time, and as political scientist Robert Fatton remembers,'panic seized the dominant class. It dreaded living in close proximity tola populace and barricaded itself against Lavalas.'³

Nine months later, the army dealt with this popular threat in the time-honoured way, with acoup d'état. Over the next three years, around 4,000 Aristide supporterswere killed.

However, when the US eventually allowed Aristide to return in October 1994, he took a surprisingand unprecedented step: he abolished the army that had deposed him. Ashuman rights lawyer Brian Concannon (director of the Institute for Justice andDemocracy in Haiti) observed a few years later, 'it is impossible tooverestimate the impact of this accomplishment. It has been called thegreatest human rights development in Haiti since emancipation, and is wildlypopular.'⁴ In 2000, the Haitian electorategave Aristide a second overwhelming mandate when his party (Fanmi Lavalas) wonmore than 90% of the seats in parliament.

II

More than anything else, what has happened in Haiti since 1990 should be understood asthe progressive clarification of this basic dichotomy -- democracy or the army.Unadulterated democracy might one day allow the interests of thenumerical majority to prevail, and thereby challenge the privileges of theelite. In 2000, such a challenge became a genuine possibility: theoverwhelming victory of Fanmi Lavalas, at all levels of government, raised theprospect of genuine political change in a context in which there was no obviousextra-political mechanism -- no army -- to prevent it.

In order to avoid this outcome, the main strategy of Haiti's little ruling class has been toredefine political questions in terms of 'stability' and 'security', and inparticular the security of property and investments. Mere numbers maywell win an election or sustain a popular movement but as everyone knows, onlyan army is equipped to deal with insecurity. The well-armed 'friend ofHaiti' that is the United States knows this better than anyone else.

As soon as Aristide was re-elected, a systematic international campaign to bankrupt anddestabilise his second government set the stage for a paramilitary insurrectionand a further coup d'état, and in 2004, thousands of US troops again invadedHaiti (just as they first did back in 1915) in order to 'restore stability andsecurity' to their 'troubled island neighbour.' An expensive andlong-term UN 'stabilisation mission' staffed by 9,000 heavily armed troops soontook over the job of helping to pacify the population and criminalise theresistance. By the end of 2006, thousands more Aristide supporters hadbeen killed.

Over the course of 2009, a suitably stabilised Haitian government agreed to persevere with theprivatisation of the country's remaining public assets,⁵ veto a proposal to increase minimum wagesto $5 a day, and to bar Fanmi Lavalas (and several other political parties)from participating in the next round of legislative elections.

When it comes to providing stability, today's UN troops are clearly a big improvement over theold indigenous alternative. If things get so unstable that even theground begins to shake, however, there's still nothing that can beat theworld's leading provider of peace and security.

III

In the immediate aftermath of the earthquake that struck on 12 January 2010, it might haveseemed hard to counter arguments in favour of allowing the US military, withits 'unrivalled logistical capability', to take de facto control of such amassive relief operation. Weary of bad press in Iraq and Afghanistan, UScommanders also seemed glad of this unexpected opportunity to rebrand theirarmed forces as angels of mercy. As usual, the Haitian government wasinstructed to be grateful for whatever help it could get.

That was before US commanders actively began -- the day after the earthquake struck -- todivert aid away from the disaster zone.

As soon as the US air force took control of Haitian airspace, on Wednesday 13 January, theyexplicitly prioritised military over humanitarian flights. Although mostreports from Port-au-Prince emphasised remarkable levels of patience and solidarityon the streets, US commanders made fears of popular unrest and insecurity theirnumber one concern. Their first priority was to avoid what the US AirForce Special Command Public Affairs spokesman (Ty Foster) called another'Somalia effort'⁶ -- which is to say, presumably, asituation in which a humiliated US army might once again risk losing militarycontrol of a 'humanitarian' mission.

As many observers predicted, however, the determination of US commanders to forestall this riskby privileging guns and soldiers over doctors and food has only succeeded inhelping to provoke a few occasional bursts of the very unrest they set out tocontain. In order to amass a sufficiently large amount of soldiers andmilitary equipment 'on the ground', the US Air Force diverted plane after planepacked with emergency supplies away from Port-au-Prince. Among manyothers, World Food Program flights were turned away by US commanders onThursday and Friday, the New York Times reported, 'so that theUnited States could land troops and equipment, and lift Americans and otherforeigners to safety.'⁷

Many similar flights met a similar fate, right through to the end of the week. Médecins sans Frontières (MSF) alone has so far had towatch at least five planeloads of its medical supplies be turned away.⁸ On Saturday 16 January, forinstance, 'despite guarantees given by the United Nations and the US DefenseDepartment, an MSF cargo plane carrying an inflatable surgical hospital wasblocked from landing in Port-au-Prince and was re-routed to Samana, inDominican Republic', delaying its arrival by an additional 24 hours.⁹ Late on Monday 18 January, MSF 'complained that one of its cargo planes carrying12 tonnes of medical equipment had been turned away three times fromPort-au-Prince airport since Sunday,' despite receiving 'repeated assurancesthey could land.' By that stage one group of MSF doctors in Port-au-Princehad been 'forced to buy a saw in the market to continue the amputations' uponwhich the lives of their patients depended.¹⁰

While US commanders set about restoring security by assembling a force of some 14,000Marines, residents in some less secure parts of Port-au-Prince soon started torun out of food and water. On 20 January people sleeping in one of thelargest and most easily accessed of the many temporary refugee camps in centralPort-au-Prince (in Champs Mars) told writer Tim Schwartz, author of the 2008book Travesty in Haiti, that 'no relief has arrived; it isall being delivered on other side of town, by the US embassy.'¹¹ Telesur reporter Reed Lindsayconfirmed on 20 January, a full eight days after the quake, that theimpoverished south-western Port-au-Prince suburb closest to the earthquake'sepicentre, Carrefour, still hadn't received any food, aid or medical help.¹²

The BBC's Mark Doyle found the same thing in an eastern (and less badly affected)suburb. 'Their houses are destroyed, they have no running water, foodprices have doubled, and they haven't seen a single government official orforeign aid worker since the earthquake struck.' Overall, Doyle observed,'the international response has been quite pathetic. Some of the aidagencies are working very hard, but there are two ways of reporting this kindof thing. One is to hang around with the aid agencies and hang aroundwith the American spokespeople at the airport, and you'll hear all sorts ofstories about what's happening. Another way is to drive almost at randomwith ordinary people and go and see what's happening in ordinary places.In virtually every area I've driven to, ordinary people say that I wasthe first foreigner that they'd met.'¹³

Only a full week after the earthquake did emergency food supplies even begin the slow journeyfrom the heavily guarded airport to fourteen 'secure distribution points' invarious parts of the city.¹⁴ By that stage, tens of thousands ofPort-au-Prince residents had finally come to the conclusion that no aid wouldbe forthcoming, and began to abandon the capital for villages in thecountryside.

On Sunday 17 January, Al-Jazeera's correspondent summarised what many other journalists hadbeen saying all week. 'Most Haitians have seen little humanitarian aid sofar. What they have seen is guns, and lots of them. Armouredpersonnel carriers cruise the streets' and 'inside the well-guarded perimeter[of the airport], the US has taken control. It looks more like the GreenZone in Baghdad than a centre for aid distribution.'¹⁵ Late on the same day, the World Food Programme's air logistics officer Jarry Emmanuel confirmed that most ofthe 200 flights going in and out of the airport each day were still beingreserved for the US military: 'their priorities are to secure the country.Ours are to feed.'¹⁶ By Monday 18 January, no matterhow many US embassy or military spokesman insisted that 'we are here to help'rather than invade, governments as different as those of France and Venezuela hadbegun to accuse the US of effectively 'occupying' the country.¹⁷

IV

The US decision to privilege military over humanitarian traffic at the airport sealed the fateof many thousands of people abandoned in the rubble of lower Port-au-Prince andLéogane. In countries all over the world, search and rescue teams were readyto leave for Haiti within 12 hours of the disaster. Only a few were ableto arrive without fatal delays -- mainly teams, like those from Venezuela,Iceland and China, who managed to land while Haitian staff still retainedcontrol of their airport. Some subsequent arrivals, including a team fromthe UK, were prevented from landing with their heavy lending equipment.Others, like Canada's several Heavy Urban Search Rescue Teams, wereimmediately readied but never sent -- the teams were told to stand down, theCanadian Foreign Affairs Minister Lawrence Cannon eventually explained, because'the government had opted to send Canadian Armed Forces instead.'¹⁸

USAID announced on 19 January that international search and rescue teams, over the course ofthe first full week after the disaster, had managed to save a grand total of 70people.¹⁹ The majority of these people wererescued in quite specific locations and circumstances. 'Search-and-rescue operations', observed the Washington Post on 18 January, 'havebeen intensely focused on buildings with international aid workers, such as thecrushed U.N. headquarters, and on large hotels with international clientele.'²⁰ Tim Schwartz spent much of thefirst post-quake week as a translator with rescue workers, and was struck bythe fact that most of their work was confined to places -- the UN's hotelChristophe, the Montana Hotel, the Caribe supermarket -- that were not onlyfrequented by foreigners but that could be snugly enclosed within 'secureperimeters.' Elsewhere, he observed, UN 'peacekeepers' did their best tomake sure that rescue workers treated onlooking crowds as a source of potentialdanger rather than assistance.²¹

Until the residents of devastated places like Léogane and Carrefour are somehow able toreassure foreign troops that they will feel 'secure' when visiting theirneighbourhoods, UN and US commanders clearly prefer to let them die on theirown.

Exactly the same logic has condemned yet more people to death in and around Port-au-Prince's hospitals. In one of the most illuminating reports yet filed from thecity, on 20 January Democracy Now's Amy Goodman spoke with Dr. Evan Lyon of Partners inHealth/Zanmi Lasante from the General Hospital, the most importantmedical centre in the whole country. Lyon acknowledged there was a needfor 'crowd control, so that the patients are not kept from having access', butinsisted that 'there's no insecurity [. . . ]. I don't know if you guyswere out late last night, but you can hear a pin drop in this city. It'sa peaceful place. There is no war. There is no crisis except thesuffering that's ongoing [. . . ]. The first thing that [your] listenersneed to understand is that there is no insecurity here. There has notbeen, and I expect there will not be.' On the contrary, Lyon explained,'this question of security and the rumours of security and the racism behindthe idea of security has been our major block to getting aid in. The USmilitary has promised us for several days to bring in machinery, but they'vebeen listening to this idea that things are insecure, and so we don't havesupplies.' As of 20 January, the hospital still hadn't received thesupplies and medicines needed to treat many hundreds of dying patients.'In terms of aid relief the response has been incredibly slow.There are teams of surgeons that have been sent to places that were,quote, "more secure," that have ten or twenty doctors and tenpatients. We have a thousand people on this campus who are triaged andready for surgery, but we only have four working operating rooms, withoutanaesthesia and without pain medications.'²²

Almost by definition, in post-quake Haiti it seems that anyone or anything that cannot beenclosed in a 'secure perimeter' isn't worth saving.

In their occasional forays outside such perimeters, meanwhile, some Western journalistsseemed able to find plenty of reasons for retreating behind them. Luridstories of looting and gangs soon began to lend 'security experts' like theLondon-based Stuart Page²³ an aura of apparent authority, when heexplained to the BBC's gullible 'security correspondent' Frank Gardner that'all the security gains made in Haiti in the last few years could now bereversed [. . . ]. The criminal gangs, totalling some 3,000, are going toexploit the current humanitarian crisis, to the maximum degree.'²⁴

Another seasoned BBC correspondent, MattFrei, had a similar story to tell on 18 January, when he found a fewscavengers sifting through the remains of a central shopping district.'Looting is now the only industry here. Anything will do as aweapon. Everything is now run by rival armed groups of thugs.' IfHaiti is to avoid anarchy, Frei concluded, 'what may be needed is a full scalemilitary occupation.'²⁵

Not even former US president (and former Haiti occupier) Bill Clinton was prepared to go thatfar. 'Actually', Clinton told Frei, 'when you think about people who havelost everything except what they're carrying on their backs, who not onlyhaven't eaten but probably haven't slept in four days, and when the sun goesdown it's totally dark and they spend all night long tripping over bodiesliving and dead, well, I think they've behaved quite well [. . . ]. Theyare astonishing people. How can they be so calm in the face of suchenormous loss of life and loved ones, and all the physical damage?'²⁶

Reporters able to tell the difference between occasional and highly localised bursts of foragingand a full-scale 'descent into anarchy' made much the same point all week, asdid dozens of indignant Haitian correspondents. On 17 January, forinstance, Ciné Institute director David Belle tried to counter internationalmisrepresentation. 'I have been told that much US media coverage paints Haitias a tinderbox ready to explode. I'm told that lead stories in majormedia are of looting, violence and chaos. There could be nothing furtherfrom the truth. I have travelled the entire city daily since my arrival.The extent of the damage is absolutely staggering [but. . . ] NOT ONCEhave we witnessed a single act of aggression or violence [. . . ]. Acrippled city of two million awaits help, medicine, food and water. Mosthaven't received any. Haiti can be proud of its survivors. Theirdignity and decency in the face of this tragedy is itself staggering.'²⁷

As anyone can see, however, dignity and decency are no substitute for security. Noamount of weapons will ever suffice to reassure those 'fortunate few' whosefortunes isolate them from the people they exploit. As far as the peoplethemselves are concerned, 'security is not the issue', explains Haiti Liberté'sKim Ives. 'We see throughout Haiti the population themselves organizingthemselves into popular committees to clean up, to pull out the bodies from therubble, to build refugee camps, to set up their security for the refugee camps.This is a population which is self-sufficient, and it has beenself-sufficient for many years.'²⁸ But while the people who have lostwhat little they had have done their best to cope and regroup, the soldiers sentto 'restore order' treat them as potential combatants. 'It's just thesame way they reacted after Katrina', concludes Ives. 'The victims arewhat's scary. They're black people who, you know, had the only successfulslave revolution in history. What could be more threatening?'

'According to everyone I spoke with in the centre of the city', wrote Schwarz on 21 January,'the violence and gang stuff is pure BS.' The relentless obsession withsecurity, agrees Andy Kershaw, is clear proof of the fact that most foreignsoldiers and NGO workers 'haven't a clue about the country and its people.'²⁹ True to form, within hours of theearthquake most of the panicked staff in the US embassy had already beenevacuated, and at least one prominent foreign contractor in the garment sector(the Canadian firm Gildan Activewear) announced that it would be shiftingproduction to alternative sewing facilities in neighbouring countries.³⁰ The price to be paid for suchpriorities will not be evenly distributed. Up in the higher, wealthierand mostly undamaged parts of Pétionville everyone already knows that it's thelocal residents 'who through their government connections, trading companiesand interconnected family businesses' will once again pocket the lion's shareof international aid and reconstruction money.³¹

In order to help keep less well-connected families where they belong, meanwhile, the USDepartment of Homeland Security has taken 'unprecedented' emergency measures tosecure the homeland this past week. Operation 'VigilantSentry' will make efficient use of the large naval flotilla the US hasassembled around Port-au-Prince. 'As well as providing emergency suppliesand medical aid', notes The Daily Telegraph, 'the USS Carl Vinson,along with a ring of other navy and coast guard vessels, is acting as adeterrent to Haitians who might be driven to make the 681 mile sea crossing toMiami.' While Senegal's president Abdoulaye Wade offered 'voluntaryrepatriation to any Haitian that wants to return to [the land of] theirorigin', American officials confirmed that they would continue to apply theirlong-standing (and thoroughly illegal) policy with respect to all Haitianrefugees and asylum seekers -- to intercept and repatriate them automatically,regardless of the circumstances.³²

Ever since the quake struck, the US Air Force has taken the additional precaution of flying aradio-transmitting cargo plane for five hours a day over large parts of thecountry, so as to broadcast a recorded message from Haiti's ambassador inWashington. 'Don't rush on boats to leave the country', the message says.'If you think you will reach the U. S. and all the doors will bewide open to you, that's not at all the case. They will intercept youright on the water and send you back home where you came from. ' Not evenlife-threatening injuries are enough to entitle Haitians to a different sort ofAmerican reception. When the dean of medicine at the University of Miamiarrived to help set up a field hospital by the airport in Port-au-Prince, hewas outraged to find that most seriously injured people in the city were beingdenied the visas they would need to be transferred to Florida for surgery andtreatment. As of 19 January the State Department had authorised a totalof 23 exceptions to its golden rule of immigration. 'It's beyond insane,'O'Neill complained. 'It's bureaucracy at its worst. '³³

V

This is the fourth time the US has invaded Haiti since 1915. Although each invasionhas taken a different form and responded to a different pretext, all four havebeen expressly designed to restore 'stability' and 'security' to the island.Earthquake-prone Haiti must now be the most thoroughly stabilised countryin the world. Thousands more foreign security personnel are already ontheir way, to guard the teams of foreign reconstruction and privatisationconsultants who in the coming months are likely to usurp what remains ofHaitian sovereignty.

Perhaps some of these guards and consultants will help their elite clients achieve anotherlong-cherished dream: the restoration of Haiti's own little army. Andperhaps then, for a short while at least, the inexhaustible source of'instability' in Haiti – the ever-nagging threat of popular politicalparticipation and empowerment – may be securely buried in the rubble of itshistory.

Notes

1 See Pål Sletten and Willy Egset, Poverty in Haiti (FAFO, 2004), 9.

2 IMF, Haiti: Interim Poverty Reduction Strategy Paper (November 2006), 7.

3 Robert Fatton, Haiti's Predatory Republic (Boulder: Lynne RiennerPublishers, 2002), 86-87, 83.

4 Brian Concannon, "Lave Men, Siye Atè: Taking Human Rights Seriously," inMelinda Miles and Eugenia Charles, eds., Let Haiti LIVE: Unjust U.S.Policies Toward its Oldest Neighbor(Coconut Creek FL: Educa Vision, 2004),92.

5 See for instance Jeb Sprague, "Haiti'sClassquake," HaitiAnalysis, January 19, 2010.

6 BBC Radio 4 News, January 16, 2010, 22:00GMT.

7 Ginger Thompson and Damien Cave, "Officials Strain to Distribute Aid to Haiti as ViolenceRises," New York Times, January 17, 2010.

8 "Médecins Sans Frontières says its Plane Turned Away from U.S.-run Airport," Daily Telegraph, January 19, 2010.

9 "Doctors Without Borders Cargo Plane with Full Hospital and Staff Blocked from Landing in Port-au-Prince," January 18,2010.

10 "America Sends Paratroopers to Haiti to Help Secure Aid Lines," The Times, January 20, 2010.

11 Email from Tim Schwartz, January 20, 2010.

12 "No aid [in Carrefour]. In the morning at UN base they said they would distribute there,but it didn't happen" (Reed Lindsay, Honor and Respect FoundationNewsletter), January 20, 2010,http://www.hrfhaiti.org/earthquake/). Cf. Luis Felipe Lopez, "Town at Epicenter of Quake Stays inIsolation," The Miami Herald, January 17, 2010.

13 BBC Radio 4, News at Ten, January 18, 2010.

14 Ed Pilkington, "We're Not Here to Fight, U.S. Troops Insist," The Guardian, January18, 2010.

15 "Disputes Emerge over Haiti Aid Control," Al Jazeera, January 17, 2010.

16 Ginger Thompson and Damien Cave, "Officials Strain to Distribute Aid to Haiti as ViolenceRises," New York Times, January 17, 2010.

17 "Haiti Aid Agencies Warn: Chaotic and Confusing Relief Effort is Costing Lives," The Guardian, January 18, 2010.

18 Don Peat, "HUSAR Not up to Task, Feds Say: Search and Rescue Team Told to Stand Down," Toronto Sun, January 17, 2010.

19 USAID, http://www.usaid.gov/helphaiti/index.html, accessed on January 20, 2010.

20 William Booth, "Haiti's Elite Spared from Much of the Devastation," WashingtonPost, January 18, 2010.

21 Tim Schwarz, phone call with the author, January 18, 2010; cf. Tim Schwartz, "Isthis Anarchy? Outsiders Believe this Island Nation is a Land ofBandits. Blame the NGOs for the 'Looting,'"NOW Toronto,January 21, 2010.

22 "With Foreign Aid Still at a Trickle, Devastated Port-au-Prince General Hospital Struggles to Meet Overwhelming Need," DemocracyNow! January 20, 2010.

23 Stuart Page is chairman of Page Group, http://www.pagegroupltd.com/aboutus.html.

24 Gardner then explained that, with the police weakened by the quake, "Thousands ofescaped criminals have returned to areas they once terrorized, like the slumdistrict of Cité Soleil [. . .]. Unless the armed criminals arere-arrested, Haiti's security problems risk being every bit as bad as they werein 2004" (BBC Radio 4, Six O'clock News, January 18,2010). In fact, when some of these ex-prisoners tried to re-establishthemselves in Cité Soleil in the week after the quake, local residents promptlychased them out of the district on their own (see Ed Pilkington and Tom Phillips,"Haiti Escaped Prisoners Chased Out of NotoriousSlum," The Guardian, January 20, 2010; Tom Leonard, "Scenes of Devastation Outside Port-au-Prince 'EvenWorse,'" Daily Telegraph, January 21, 2010).

25 BBC television, Ten O'clock News, January 18, 2010.

26 BBC Radio 4, News at Ten, January 18, 2010. It sounds as if Clinton, in his role as UNspecial envoy to Haiti, may be learning a few things from his deputy -- ZanmiLasante's Dr. Paul Farmer.

27 David Belle, January 17, 2010.

28 "Journalist Kim Ives on How Western Domination Has Undermined Haiti's Ability to Recover from Natural Devastation," DemocracyNow! January 21, 2010. Ives illustrates the way such communityorganizations work with an example from the Delmas 33 neighborhood where he'sstaying. "A truckload of food came in in the middle of the nightunannounced. It could have been a melee. The local popularorganization was contacted. They immediately mobilized their members [. ..]. They lined up about 600 people who were staying on the soccer fieldbehind the [Matthew 25] house, which is also a hospital, and they distributedthe food in an orderly, equitable fashion. They were totally sufficient.They didn't need Marines. They didn't need the UN. [. . .]These are things that people can do for themselves and are doing forthemselves." Kershaw makes the same point: "This self-imposedblockade by bureaucracy is a scandal but could be easily overcome. TheNGOs and the military should recognize the hysteria over 'security' for what itis and make use of Haiti's best resource and its most efficient distributionnetwork: the Haitians themselves. Stop treating them as children.Or worse. Hand over to them immediately what they need at theairport. They will find the means to collect it. Fill up theirtrucks and cars with free fuel. Any further restriction on, and controlof, the supply of aid is not only patronizing but it is in that control andrestriction where any 'security issues' will really lurk. And it is theHaitians who best know where the aid is needed" (Andy Kershaw, "Stop Treating these People Like Savages," TheIndependent, January 21, 2010).

29 Andy Kershaw, "Stop Treating these People Like Savages," The Independent, January 21, 2010

30 Ross Marowits, "Gildan Shifting T-shirt Production Outside Haiti toEnsure Adequate Supply," The Canadian Press, January13, 2010.

31 William Booth, "Haiti's Elite Spared from Much of the Devastation," WashingtonPost, January 18, 2010.

32 Bruno Waterfield, "U.S. Ships Blockade Coast to Thwart Exodus toAmerica," Daily Telegraph, January 19, 2010; "SenegalOffers Land to Haitians," BBC News January 17, 2010.

33 James C. McKinley Jr., "Homeless Haitians Told Not to Flee to UnitedStates," New York Times, January 19, 2010.

Peter Hallward is a Canadian political philosopher. He is currently aprofessor of Modern European Philosophy at Middlesex University. He isthe author of Damning the Flood. This article was firstpublished in Americas Program Report (under a Creative Commonslicense) and Haiti Analysis on 22 January 2010.

URL: mrzine.monthlyreview.org/2010/hallward240110.html

AKAKA BILL HAWAI`I HEARINGS CALLED FOR

Posted by Free Hawai`i on January 26, 2010 at 12:00am

Honolulu Star-Bulletin - January 23, 2010Although its author expresses optimism that the Akaka Bill will pass this year, the loss of the Democrats' supermajority in the Senate and last-minute changes to the bill that fueled objections in Hawaii may pose significant hurdles during this ninth try.The measure that would grant native Hawaiians federal recognition like that of American Indian tribes was in some trouble even before Republican Scott Brown's upset victory in Massachusetts ended the Democrats' filibuster-proof majority in the Senate.... ...The Obama administration worried that special status bestowed on native Hawaiians may be overturned as illegal racial discrimination, given the 2000 U.S. Supreme Court ruling in Rice v. Cayetano. But redefining native Hawaiians under existing federal law governing Indian tribes raised a host of issues barely aired in Hawaii under the bill's many previous incarnations.......It's hard to imagine that the Native Hawaiian Government Reorganization Act will be a high priority outside the Hawaii delegation in such a topsy-turvy political environment, and the lack of transparency surrounding the late changes in the Senate version may come to haunt its author.

END THE SHAME - REMOVE YOUR NAME!

Posted by Free Hawai`i on January 25, 2010 at 6:49am

END THE SHAME - REMOVE YOUR NAMEFROM OHA'S KAU INOA

UnKau Now! UnKauInoa.org

Check out Hawai'i Tv Blogs New & Improved Customized Website!!!

Posted by Kaleo Farias on January 24, 2010 at 9:31am

Check out Hawai'i Tv Blogs New & Improved Customized Website at www.hawaiitvblog.com. Become a "raving fan" of Hawai'i Tv Blog on Facebook, you can follow us on Twitter at twitter.com/hawaiitvblog. Mahalo Nui to all of our now thousands of "raving fans" that tunes in and watches Hawai'i Tv's "daily video blogs" that addresses Hawaii's "national status" as a independent Country under prolonged occupation by the U.S. and also to address how all of our "administrative offices" our also occupied, examples would be the "Fake State Archives," the Bureau of Conveyance, the iloani Palace, and the Department of Land & Natural Resources, just to name a few.Look out for our new and upcoming "video blog series" that we will be emphasizing on, that is all interconnected when it comes to the effects of being "spiritually, mentally, emotionally, psychologically, physically, socially, morally, politically, and financially occupied." The subjects and topics that we will be emphasizing on that has played a monumental rule with the continued U.S. illegal occupation here in Hawai'i for the last 117 years now and counting is the "Fake State Archives," Office of Hawaiian Affairs, the Mckinley Statue, the Bureau of Conveyance, the iloani Palace, and the Department of Land & Natural Resources.For now i hope that all of you is enjoying the latest "video blog series" that we are doing, which would be "Crimes Against Hawai'i and it's People," and "Infilitrating Hawaii's Political System."

NEW KOANI FOUNDATION WEBSITE ON VOICES OF TRUTH - ONE-ON-ONE WITH HAWAI`I'S FUTURE

Posted by Free Hawai`i on January 24, 2010 at 12:00am

There’s a brand new website – KoaniFoundation.orgThere you’ll find information about the Koani Foundation, it’s mission, propose and goals, along with information about it’s founder and directors, videos and photos of the Aloha Marches and Boston Ti Party, Koani Foundation participation at the United Nations and much more.Check it out at KoaniFoundation.orgMahalo to everyone who voiced their support for Shelly Muneoka and her patriotic bravery in removing the 50th star from the American flag during last Augusts’ Hawai`i Fake State protest.If you didn’t get a chance to see our interview with Shelly about her actions and everyone else’s reactions, catch it this week on Hawai`i’s award winning Voices Of Truth – One-On-One With Hawai`i’s Future.MONDAY, January 25th At 6:30 PM – Maui – Akaku, Channel 53MONDAY, January 25th At 7:00 PM & FRIDAY, January 29th At 5:30 PM – Hawai`i Island – Na Leo, Channel 53THURSDAY, January 28th At 8:30 PM & FRIDAY, January 29th At 8:30 AM - Kaua`i – Ho`ike, Channel 52SATURDAY, January 30th At 8:00 PM – O`ahu, `Olelo, Channel 53“Star Power – A Visit With Shelly Muneoka”It was baptism by fire - literally. She was the one photographed burning the 50th star after it was cut from the American flag in last year’s Hawai`i Fake State protest. And it’s no wonder. “I’ve felt strongly about Hawai`i’s independence my whole life,” Shelly says. It was her first act of protest, but certainly not her last. Watch and you’ll find out why - See It HereWatch Voices Of Truth in Salem, Massachusetts - Channel 3 - MONDAY, January 25th At 10:00 PM TUESDAY, January 26th At 10:30 AM Voices Of Truth interviews those creating a better future for Hawai`i to discover what made them go from armchair observers to active participants. We hope you'll be inspired to do the same. If you support our issues on the Free Hawai`i Broadcasting Network, please email this to a friend to help us continue. A donation today helps further our work. Every single penny counts. Donating is easy on our Voices Of Truth website via PayPal where you can watch Voices Of Truth anytime. For news and issues that affect you, watch Free Hawai`i TV, a part of the Free Hawai`i Broadcasting Network. Please share our Free Hawai`i Broadcasting Network videos with friends and colleagues. That's how we grow. Mahalo.

HAWAIIAN KINGDOM CONSTITUTION 0f 1864

Posted by Tane on January 23, 2010 at 7:40am

To learn more about the kingdom, go to: hawaiiankingdom.orgIt is there that you will view the documents and get a deeper understanding about the Hawaiian Kingdom. The first 19 Articles relate to our Bill of Rights which was established in 1839 which reformed the governance of the Hawaiian Kingdom from an absolute monarchy to a Constitutional Monarchy likened to that of Great Britain by Kauikeaouli [King Kamehameha III].Under the Hawaiian Kingdom's constitutional laws, this Constitution of 1864 is the last lawfully ratified constitution.Promulgated by His Majesty Kamehameha V., by the Grace of God, King of the Hawaiian Islands, on the Twentieth Day of August, A.D. 1864, with amendments by the Legislative Assembly.ARTICLE 1. God hath endowed all men with certain inalienable rights; among which are life, liberty, and the right of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.ARTICLE 2. All men are free to worship God according to the dictates of their own consciences; but this sacred privilege hereby secured, shall not be so construed as to justify acts of licentiousness, or practices inconsistent with the peace or safety of the Kingdom.ARTICLE 3. All men may freely speak, write, and publish their sentiments on all subjects, being responsible for the abuse of that right, and no law shall be enacted to restrain the liberty of speech, or of the press, except such laws as may be necessary for the protection of His Majesty the King and the Royal Family.ARTICLE 4. All men shall have the right, in an orderly and peaceable manner, to assemble, without arms, to consult upon the common good, and to petition the King or Legislative Assembly for redress of grievances.ARTICLE 5. The privilege of the writ of Habeas Corpus belongs to all men, and shall not be suspended, unless by the King, when in cases of rebellion or invasion, the public safety shall require its suspension.ARTICLE 6. No person shall be subject to punishment for any offense, except on due and legal conviction thereof, in a Court having jurisdiction of the case.ARTICLE 7. No person shall be held to answer for any crime in which the right of trial by Jury has been heretofore used, it shall be held inviolable forever, except in actions of debt or assumpsit in which the amount claimed is less than Fifty Dollars.ARTICLE 8. No person shall be required to answer again for an offense, of which he has been duly convicted, or of which he has been duly acquitted upon a good and sufficient indictment.ARTICLE 9. No person shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property without due process of law.ARTICLE 10. No person shall sit as a judge or juror, in any case in which his relative is interested, either as plaintiff or defendant, or in the issue of which the said judge or juror, may have, either directly or through a relative, any pecuniary interest.ARTICLE 11. Involuntary servitude, except for crime, is forever prohibited in this Kingdom; whenever a slave shall enter Hawaiian Territory, he shall be free.ARTICLE 12. Every person has the right to be secure from all unreasonable searches and seizures of his person, his house, his papers, and effects; and no warrants shall issue, but on probable cause, supported by oath or affirmation, and describing the place to be searched, and the persons or things to be seized.ARTICLE 13. The King conducts His Government for the common good; and not for the profit, honor, or private interest of any one man, family, or class of men among His subjects.ARTICLE 14. Each member of society has a right to be protected by it, in the enjoyment of his life, liberty, and property, according to law; and, therefore, he shall be obliged to contribute his proportional share to the expense of this protection, and to give his personal services, or an equivalent when necessary; but no part of the property of any individual shall be taken from him, or applied to public uses, without his own consent, or the enactment of the Legislative Assembly, except the same shall be necessary for the military operation of the Kingdom in time of war or insurrection; and whenever the public exigencies may require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor.ARTICLE 15. No subsidy, duty or tax of any description shall be established or levied, without the consent of the Legislative Assembly; nor shall any money be drawn from the Public Treasury without such consent, except when between the session of the Legislative Assembly the emergencies of war, invasion, rebellion, pestilence, or other public disaster shall arise, and then not without the concurrence of all the Cabinet, and of a majority of the whole Privy Council; and the Minister of Finance shall render a detailed account of such expenditure to the Legislative Assembly.ARTICLE 16. No Retrospective Laws shall ever be enacted.ARTICLE 17. The Military shall always be subject to the laws of the land; and no soldier shall, in time of peace, by quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by the Legislature.ARTICLE 18. Every Elector shall be privileged from arrest on election days during his attendance at election, and in going to and returning therefrom, except in cases of treason, felony, or breach of the peace.ARTICLE 19. No Elector shall be so obliged to perform military duty, on the day of election, as to prevent his voting; except in time of war, or public danger.ARTICLE 20. The Supreme Power of the Kingdom in its exercise, is divided into the Executive, Legislative, and Judicial; these shall always be preserved distinct, and no Judge of a Court of Record shall ever be a member of the Legislative Assembly.ARTICLE 21. The Government of this Kingdom is that of a Constitutional Monarchy, under His Majesty Kamehameha V, His Heirs and Successors.ARTICLE 22. The Crown is hereby permanently confirmed to __________, and to the Heirs of His/Her body lawfully begotten, and to their lawful Descendants in a direct line; failing whom, the Crown shall descend to __________, and the heirs of his/her body, lawfully begotten, and their lawful descendants in a direct line. The Succession shall be to the senior male child, and to the heirs of his body; failing a male child, the succession shall be to the senior female child, and to the heirs of her body. In case there is no heir as above provided, then the successor shall be the person whom the Sovereign shall appoint with the consent of the Nobles, and publicly proclaim as such during the King's life; but should there be no such appointment and proclamation, and the Throne should become vacant, then the Cabinet Council, immediately after the occurring of such vacancy, shall cause a meeting of the Legislative Assembly, who shall elect by ballot some native Alii of the Kingdom as Successor to the Throne; and the Successor so elected shall become a new Stirps for a Royal Family; and the succession from the Sovereign thus elected, shall be regulated by the same as the present Royal Family of Hawaii. (Affected by the death of Her Majesty Queen Lili'uokalani on November 17, 1917, who failed to receive confirmation from the Nobles of the Legislative Assembly for Her Majesty's nomination in accordance with this Article of the Constitution due to the civil unrest in the Country and the American occupation)ARTICLE 23. It shall not be lawful for any member of the Royal Family of Hawaii who may by Law succeed to the Throne, to contract Marriage without the consent of the Reigning Sovereign. Every Marriage so contracted shall be void, and the person so contracting a Marriage, may, by the Proclamation of the Reigning Sovereign, be declared to have forfeited His or Her right to the Throne, and after such Proclamation, the Right of Succession shall vest in the next Heir as though such offender were Dead.ARTICLE 24. His Majesty Kamehameha V, will, and His Successors upon coming to the Throne, shall take the following oath: I solemnly swear in the presence of Almighty God, to maintain the Constitution of the Kingdom whole and inviolate, and to govern in conformity therewith.ARTICLE 25. No person shall ever sit upon the Throne, who has been convicted of any infamous crime, or who is insane, or an idiot.ARTICLE 26. The King is the Commander-in-Chief of the Army and Navy, and of all other Military Forces of the Kingdom, by sea and land; and has full power by Himself, or by any officer or officers He may appoint, to train and govern such forces, as He may judge best for the defense and safety of the Kingdom. But he shall never proclaim war without the consent of the Legislative Assembly.ARTICLE 27. The King, by and with the advice of His Privy Council, has the power to grant reprieves and pardons, after conviction, for all offenses, except in cases of impeachment.ARTICLE 28. The King, by and with the advice of His Privy Council, convenes the Legislative Assembly at the seat of Government, or at a different place, if that should become dangerous from an enemy or any dangerous disorder; and in case of disagreement between His Majesty and the Legislative Assembly, he adjourns, prorogues, or dissolves it, but not beyond the next ordinary Session; under any great emergency, he may convene the Legislative Assembly to extraordinary Sessions.ARTICLE 29. The King has the power to make Treaties. Treaties involving changes in the Tariff or in any law of the Kingdom shall be referred for approval to the Legislative Assembly. The King appoints Public Ministers, who shall be commissioned, accredited, and instructed agreeably to the usage and law of Nations.ARTICLE 30. It is the King's Prerogative to receive and acknowledge Public Ministers; to inform the Legislative Assembly by Royal Message, from time to time, of the state of the Kingdom, and to recommend to its consideration such measures as he shall judge necessary and expedient.ARTICLE 31. The person of the King is inviolable and sacred. His Ministers are responsible. To the King belongs the Executive power. All laws that have passed the Legislative Assembly, shall require His Majesty's signature in order to their validity.ARTICLE 32. Whenever, upon the decease of the Reigning Sovereign, the Heir shall be less than eighteen years of age, the Royal Power shall be exercised by a Regent or Council of Regency, as hereafter provided.ARTICLE 33. It shall be lawful for the King at any time when he may be about to absent himself from the Kingdom, to appoint a Regent or Council of Regency, who shall administer the Government in His name; and likewise the King may, by His last Will and Testament, appoint a Regent or Council of Regency to administer the Government during the minority of any Heir to the Throne: and should a Sovereign decease, leaving a Minor Heir, and having made no last Will and Testament, the Cabinet Council at the time of such decease shall be a Council of Regency, until the Legislative Assembly, which shall be called immediately, may be assembled, and the Legislative Assembly immediately that it is assembled shall proceed to choose by ballot, a Regent or Council of Regency, who shall administer the Government in the name of the King, and exercise all the Powers which are Constitutionally vested in the King, until he shall have attained the age of eighteen years, which age is declared to be the Legal Majority of such Sovereign.ARTICLE 34. The King is Sovereign of all the Chiefs and of the People; the Kingdom is His.ARTICLE 35. All Titles of Honor, Orders, and other distinctions, emanate from the King.ARTICLE 36. The King coins money, and regulates the currency by law.ARTICLE 37. The King, in case of invasion or rebellion, can place the whole Kingdom or any part of it under martial lawARTICLE 38. The National Ensign shall not be changed, except by Act of the Legislature.ARTICLE 39. The King's private lands and other property are inviolable.ARTICLE 40. The King cannot be sued or held to account in any Court or Tribunal of the Realm.ARTICLE 41. There shall continue to be a Council of State, for advising the King in all matters for the good of the State, wherein He may require its advice, and for assisting him in administering the Executive affairs of the Government, in such manner as he may direct; which Council shall be called the King's Privy Council of State, and the members thereof shall be appointed by the King, to hold office during His Majesty's pleasure.ARTICLE 42. The King's Cabinet shall consist of the Minister of Foreign Affairs, the Minister of the Interior, the Minister of Finance, and the Attorney General of the Kingdom, and these shall shall be His Majesty's Special Advisers in the Executive affairs of the Kingdom; and they shall be ex officio Members of His Majesty's Privy Council of State. They shall be appointed and commissioned by the King, and hold office during His Majesty's pleasure, subject to impeachment. No act of the King shall have any effect unless it be countersigned by a Minister, who by that signature makes himself responsible.ARTICLE 43. Each member of the King's Cabinet shall keep an office at the seat of Government, and shall be accountable for the conduct of his deputies and clerks. The Ministry hold seats ex officio, as Nobles, in the Legislative Assembly.ARTICLE 44. The Minister of Finance shall present to the Legislative Assembly in the name of the Government, on the first day of the meeting of the Legislature, the Financial Budget, in the Hawaiian and English languages.ARTICLE 45. The Legislative power of the Three Estates of this Kingdom is vested in the King, and the Legislative Assembly; which Assembly shall consist of the Nobles appointed by the King, and of the Representatives of the People, sitting together.ARTICLE 46. The Legislative Body shall assemble biennially, in the month of April, and at such other time as the King may judge necessary, for the purpose of seeking the welfare of the Nation. This Body shall be styled the Legislature of the Hawaiian Kingdom.ARTICLE 47. Every member of the Legislative Assembly shall take the following oath: I most solemnly swear, in the presence of Almighty God, that I will faithfully support the Constitution of the Hawaiian Kingdom, and conscientiously and impartially discharge my duties as a member of this Assembly.ARTICLE 48. The Legislature has full power and authority to amend the Constitution as hereinafter provided; and from time to time to make all manner of wholesome laws, not repugnant to the provisions of the Constitution.ARTICLE 49. The King shall signify His approval of any Bill or Resolution, which shall have passed the Legislative Assembly, by signing the same previous to the final rising of the Legislature. But if he shall object to the passing of such Bill or Resolution, He will return it to the Legislative Assembly, who shall enter the fact of such return on its journal, and such Bill or Resolution shall not be brought forward thereafter during the same session.ARTICLE 50. The Legislative Assembly shall be the judge of the qualifications of its own members, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as the Assembly may provide.ARTICLE 51. The Legislative Assembly shall choose its own officers and determine the Rules of its own proceedings.ARTICLE 52. The Legislative Assembly shall have authority to punish by imprisonment, not exceeding thirty days, every person, not a member, who shall be guilty of disrespect to the Assembly, by any disorderly or contemptuous behavior in its presence; or who, during the time of its sitting, shall publish any false report of its proceedings, or insulting comments upon the same; or who shall threaten harm to the body or estate of any of its members, for anything said or done in the Assembly; or who shall assault any of them therefor, or who shall assault or arrest any witness, or other person ordered to attend the Assembly, in his way going or returning; or who shall rescue any person arrested by order of the Assembly.ARTICLE 53. The Legislative Assembly may punish its own members for disorderly behavior.ARTICLE 54. The Legislative Assembly shall keep a journal of its proceedings; and the yeas and nays of the members, on any question, shall, at the desire of one-fifth of those present, be entered on the journal.ARTICLE 55. The Members of the Legislative Assembly shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the Sessions of the Legislature, and in going to an returning from the same; and they shall not be held to answer for any speech or debate made in the Assembly, in any other Court or place whatsoever.ARTICLE 56. The Representatives shall receive for their services, a compensation to be ascertained by law, and paid out of the public treasury, but no increase of compensation shall take effect during the year in which it shall have been made; and no law shall be passed, increasing the compensation of said Representatives beyond the sum of five hundred dollars for each session. (Amended by Act of 1882)ARTICLE 57. The King appoints the Nobles, who shall hold their appointments during life, subject to the provisions of Article 53; but their number shall not exceed twenty.ARTICLE 58. No person shall be appointed a Noble who shall not have attained the age of twenty-one years and resided in the Kingdom five years.ARTICLE 59. The Nobles shall be a Court, with full and sole authority to hear and determine all impeachments made by the Representatives, as the Grand Inquest of the Kingdom, against any officers of the Kingdom, for misconduct or maladministration in their offices; but previous to the trial of every impeachment the Nobles shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence and the law. Their judgment, however, shall not extend further than to removal from office and disqualification to hold or enjoy any place of honor, trust, or profit, under this Government; but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment and punishment according to the laws of the land. No Minister shall sit as a Noble on the trial of any impeachment.ARTICLE 60. The Representation of the People shall be based upon the principle of equality, and shall be regulated and apportioned by the Legislature according to the population, to be ascertained by the Legislature according to the population, to be ascertained, from time to time, by the official census. The Representatives shall not be less in number than twenty-four, nor more than forty, who shall be elected biennially.ARTICLE 61. The following persons shall be eligible for representatives of the people, namely: Every male subject, or denizen of the Kingdom, who shall have arrived at the full age of twenty-five years, who shall know how to read and write; who shall understand accounts, and who shall have resided in the Kingdom for at least one year immediately preceding his election; provided always, that no person who is insane, or an idiot, or who shall at any time have been convicted of theft, bribery, perjury, forgery, embezzlement, polygamy, or other high crime or misdemeanor, shall ever hold seat as Representative of the people.ARTICLE 62. Every male subject of the Kingdom, who shall have paid his taxes, who shall have attained the age of twenty years, and shall have been domiciled in the Kingdom for one year immediately preceding the election and shall know how to read and write, if born since the year 1840, and shall have caused his name to be entered on the list of voters of his district as provided by law, shall be entitled to one vote for the Representative or Representatives of that District. Provided, however, that no insane or idiotic person, or any person who shall have been convicted or any infamous crime within this Kingdom, unless he shall been pardoned by the King, and by the terms of such pardon have been restored to all the rights of a subject, shall be allowed to vote. (Amended by Act of 1874)ARTICLE 63. The property qualification of the Representative of the People may be changed by law. (Amended by Act of 1874)ARTICLE 64. The Judicial Power of the Kingdom shall be vested in one Supreme Court, and in such Inferior Courts as the Legislature may, from time to time, establish.ARTICLE 65. The Supreme Court shall consist of a Chief Justice, and not less than two Associate Justices, any of whom may hold the Court. The Justices of the Supreme Court shall hold their offices during good behavior, subject to removal upon impeachment, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Provided, however, that any Judge of the Supreme Court or any other Court of Record may be removed from office, on a resolution passed by two-thirds of the Legislative Assembly, for good cause shown to the satisfaction of the King. The Judge against whom the Legislative Assembly may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least ten days before the day on which the Legislative Assembly shall act thereon. He shall be heard before the Legislative Assembly.ARTICLE 66. The Judicial Power shall be divided among the Supreme Court and the several Inferior Courts of the Kingdom, in such manner as the Legislature may, from time to time, prescribe, and the tenure of office in the Inferior Courts of the Kingdom shall be such as may be defined by the law creating them.ARTICLE 67. The Judicial Power shall extend to all cases in law and equity, arising under the Constitution and laws, of this Kingdom, and Treaties made, or which shall be made under their authority, to all cases affecting Public Ministers and Consuls, and to all cases of Admiralty and Maritime jurisdiction.ARTICLE 68. The Chief Justice of the Supreme Court shall be the Chancellor of the Kingdom; he shall be ex officio President of the Nobles in all cases of impeachment, unless when impeached himself; and exercise such jurisdiction in equity or other cases as the law may confer upon him; his decisions being subject, however, to the revision of the Supreme Court on appeal. Should the Chief Justice ever be impeached, some person specially commissioned by the King shall be President of the Court of Impeachment during such trial.ARTICLE 69. The decisions of the Supreme Court, when made by a majority of the Justices thereof, shall be final and conclusive upon all parties.ARTICLE 70. The King, His Cabinet, and the Legislative Assembly, shall have authority to require the opinions of the Justices of the Supreme Court, upon important questions of law, and upon solemn occasions.ARTICLE 71. The King appoints the Justices of the Supreme Court, and all other Judges of Courts of Record; their salaries are fixed by law.ARTICLE 72. No judge or Magistrate can sit alone on an appeal or new trial, in any case on which he may have given a previous judgment.ARTICLE 73. No person shall ever hold any office of Honor, Trust, or Profit under the Government of the Hawaiian Islands, who shall, in due course of law, have been convicted of Theft, Bribery, Perjury, Forgery, Embezzlement, or other high crime or misdemeanor, unless he shall have been pardoned by the King, and restored to his Civil Rights, and by the express terms of his pardon, declared to be appointable to offices of Trust, Honor, and Profit.ARTICLE 74. No officer of this Government shall hold any office, or receive any salary from any other Government or Power whatever.ARTICLE 75. The Legislature votes the Appropriations biennially, after due consideration of the revenue and expenditure for the two preceding years, and the estimates of the revenue and expenditure of the two succeeding years, which shall be submitted to them by the Minister of Finance.ARTICLE 76. The enacting style in making and passing all Acts and Laws shall be, "Be it enacted by the King, and the Legislative Assembly of the Hawaiian Islands, in the Legislature of the Kingdom assembled."ARTICLE 77. To avoid improper influences which may result from intermixing in one and the same Act, such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in its title.ARTICLE 78. All laws now in force in this Kingdom, shall continue and remain in full effect, until altered or repealed by the Legislature; such parts only excepted as are repugnant to this Constitution. All laws heretofore enacted, or that may hereafter be enacted, which are contrary to this Constitution, shall be null and void.ARTICLE 79. This Constitution shall be in force from the Twentieth day of August in the year One Thousand Eight Hundred and Sixty-Four, but that there may be no failure of justice, or inconvenience to the Kingdom, from any change, all officers of this Kingdom, at the time this Constitution shall take effect, shall have, hold, and exercise all the power to them granted, until other persons shall be appointed in their stead.ARTICLE 80. Any amendment or amendments to this Constitution may be proposed in the Legislative Assembly, and if the same shall be agreed to by a majority of the members thereof, such proposed amendment or amendments shall be entered on its journal, with the yeas and nays taken thereon, and referred to the next Legislature; which proposed amendment or the next election of Representatives; and if in the next Legislature such proposed amendment or amendments shall be agreed to by two-thirds of all members of the Legislative Assembly, and be approved by the King, such amendment or amendments shall become part of the Constitution of this country.

DLNR VIOLATING PUBLIC LAW 95-341

Posted by Tane on January 23, 2010 at 7:07am

Public Law 95-341 95th CongressJoint Resolution American Indian Religious Freedom.The American Indian Religious Freedom Act (commonly abbreviated to AIRFA) is a United States federal law and a joint resolution of Congress that was passed in 1978. It was created to protect and preserve the traditional religious rights and cultural practices of American Indians, Eskimos, Aleuts, and Native Hawaiians.[1] These rights include, but are not limited to, access of sacred sites, freedom to worship through ceremonial and traditional rights and use and possession of objects considered sacred. The Act required policies of all governmental agencies to eliminate interference with the free exercise of Native religion, based on the First Amendment, and to accommodate access to and use of religious sites to the extent that the use is practicable and is not inconsistent with an agency's essential functions. It also acknowledged the prior violation of that right.[2]Whereas the freedom of religion for all people is an inherent right, fundamental to the democratic structure of the United States and is guaranteed by the First Amendment of the United States Constitution;Whereas the United States has traditionally rejected the concept of a government denying individuals the right to practice their religion, and as a result, has benefited from a rich variety of religious heritages in this country;Whereas the religious practices of the American Indian (as well as Native Alaskan and Hawaiian) are an integral part of their culture, tradition, and heritage, such practices forming the basis of Indian identity and value systems;Whereas the traditional American Indian religions as an integral part of Indian life, are indispensable and irreplaceable;Whereas the lack of a clear, comprehensive, and consistent Federal policy has often resulted in the abridgment of religious freedom for traditional American Indians;Whereas such religious infringements result from the lack of knowledge of the insensitive and inflexible enforcement of Federal policies and regulations premised on a variety of laws;Whereas such laws were designed for such worthwhile purposes as conservation and preservation of natural species and resources but were never intended to relate to Indian religious practices and, there, were passed without consideration of their effect on traditional American Indian religions;Whereas such laws and policies often deny American Indians access to sacred sites required in their religions, including cemeteries;Whereas such laws at times prohibit the use and possession of sacred objects necessary to the exercise of religious rites and ceremonies;Whereas traditional American Indian ceremonies have been intruded upon, interfered with, and in a few instances banned;Now, therefore, be it Resolved by the Senate and the House of Representatives of the United States of American in Congress Assembled, That henceforth it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.SEC. 2. The President shall direct that various Federal departments, agencies, and other instrumentalities responsible for the administering relevant laws to evaluate their policies and procedures in consultation with Native traditional religious leaders in order to determine appropriate changes necessary to protect and preserve Native American religious cultural rights and practices. Twelve months after approval of this resolution, the President shall report back to Congress the results of his evaluation, including any changes which were made in administrative policies and procedures, and any recommendations he may have for legislative action.Approved August 11, 1978.EffectsPeyote is illegal in the United States and is classified as a Schedule One Drug.Another example of the effects of the AIRFA in the Supreme Court is the case of Employment Division v. Smith in 1990, which denied the Native American Church its constitutional rights. Alfred Smith, a Native American who had been born on the Klamath Reservation in Oregon, was fired from his job at an agency in Roseburg, Oregon that helped develop services for Native American clientele.[17] His termination was based on his attendance to the ceremonies of the Native American Church, which he had belonged to for several years, because the N.A.C. makes use of peyote as a sacrament. Once he was fired, another member of the N.A.C. employed at the agency was also fired. Alfred Smith and his co-worker did not fight to win back their jobs, but fought for their rightful benefits when they were denied unemployment compensation. Smith took his case to the Oregon courts who vindicated his claim that his use of peyote was protected under the free-exercise clause, and in turn, the AIRFA. The Court passed the claim on to the U.S. Supreme Court which overturned Oregon's ruling.[18] The Supreme Court stated that they could in fact be denied unemployment benefits because by using peyote they were in violation of state criminal law.[19] The Smith decision prompted the development of the Native American Religious Freedom Project which involved and concerned almost every Native American tribe in the country. The case was taken up with Congress, and in 1993 the Religious Freedom Restoration Act was passed, and by 1994 the American Indian Religious Freedom Act Amendments were passed as Public Law 103-344. The Amendments restored the constitutional rights of the Native American Church.[20][edit] CriticismThe major criticism of the American Indian Religious Freedom Act was its inability to enforce its provisions, therefore its inability to provide religious freedom without condition. The act served as more of a joint resolution than an actual law. Its failure to protect certain sacred sites proved detrimental to Native American culture and religion as a whole.The Lyng v. Northwest Indian Cemetery Association decision represented a unique convergence of religion, law, and land, and confirmed the American Indian Religious Freedom Act as a hollow excess of words. The Supreme Court itself declared that the legislation had no firm grasp on what it stood for.[21] There was nothing in the Act that mandated changes pursuant to the review process prior to its amendment in 1994. The case illustrates that compliance with the review procedure of the AIRFA does not provide any assurance that judicial protections or substantive agency will be offered to Native American religious belief and practice, even if the serious endangerment to Native American religion from proposed government action is recognized within that review procedure.[21][edit] 1994 Amendments- Full TextDue to the criticism of the AIRFA and its inability to enforce the provisions it outlined in 1978. On June 10, 1994 the House of Representatives, Committee on Natural resources and Subcommittee on Native American Affairs met to bring about H.R. 4155 in order to provide for the management of federal lands in a way that doesn't frustrate the traditional religions and religious purposes of Native Americans. Also, H.R. 4230 was set forth to amend the American Indian Religious Freedom Act to provide for the traditional use of peyote as sacrament in religious ceremonies.H.R. 4155Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE This Act may be cited as the "American Indian Religious Freedom Act Amendments of 1994." SECTION 2. FINDINGS. The Congress finds that- (1) unlike any other established religion, many traditional Native American Rleigions are site-speccific in that the Native American religions hold certain lands or natural formations to be sacred; (2) such sacred sites are an integral and vital part of the Native American religions and the religious practices associated with such religions; (3) many of these sacred sites are found on lands which were formerly part of the aboriginal territory of the Indians but which now are held by the Federal Government; and (4) lack of sensitivity or understanding of traditional Native American religions on the part of Federal agencies vested with the management of Federal lands has resulted in the lack of a coherent policy for the management of sacred sites found on Federal lands and has also resulted in the infringement upon the rights of Native Americans to religious freedom. SEC. 3. MANAGEMENT OF FEDERAL LANDS SO AS TO NOT UNDERMINE NATIVE AMERICAN RELIGIOUS PRACTICES. Public Law 95-341 (42 U.S.C. 1996), popularly known as the American Indian Religious Freedom Act, is amended by adding at the end thereof the following new section: "SEC. 3. (a)(1) Except as provided by subsection (b), no Federal lands described in paragraph (2) may be managed in a manner that undermines and frustrates a traditional Native American religion or religious practice. "(2) The Federal lands referred to in paragraph (1) are those lands that- "(A) have historically been considered sacred and indispensable by a traditional Native American religion, and "(B) are necessary to the conduct of a Native American religious practice. "(b) Subsection (a)(1) shall not apply to a management decision that is necessary to protect a compelling governmental interest. In making such a management decision, the Federal agency shall attempt to accommodate the various competing interests and shall, to the greatest extent feasible, select course of action that is the least intrusive on traditional Native American religions or religious practices. "(c) An Indian tribe or a member of an Indian trive may, upon showing of actual harm suffered by such tribe may, upon showing of actual harm suffered by such tribe or member, bring an action in the appropriate United States district court against any person who is violating, or who has violated, the prohibition contained in this section. In any such action, the court may enjoin such violation or issue such orders as may be necessary to enforce such prohibition or to require that action be taken to remedy such violation, or any combination of the foregoing. "(d) Nothing in this section shall be interpreted as requiring any Federal agency to totally deny public access to Federal lands. "(e) As used in this section- "(1) The term 'Federal Lands' has the same meaning as provided by section 2(5) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(5). "(2) The term 'Indian Tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. "(3) The term 'tribal lands' includes Indian reservations; public doman Indian allotments; former Indian reservations in Oklahoma; land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); an dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory thereof and whether within or without the limits of a State.".[22]H.R. 4230Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "American Indian Religious Freedom Act Amendments of 1994". SEC. 2. TRADITIONAL INDIAN RELIGIOUS USE OF THE PEYOTE SACRAMENT. The Act of August 11, 1978 (42 U.S.C. 1996), commonly referred to as the "American Indian Rligious Freedom Act", is amended by adding at the end thereof the following new section: "SEC. 3. (a) The Congress finds and declares that - "(1) for many Indian people, the traditional ceremonial use of the peyote cactus as a religious sacrament has for centuries been integral to a way of life, and significant in perpetuating Indian tribes and cultures; "(2) since 1965, this ceremonial use of peyote by Indians has been protected by Federal regulation; "(3) while at least 28 States have enacted laws which are similar to, or are in conformance with, the Federal regulation which protects the ceremonial use of peyote by Indian religious practitioners, many States have not done so, and this lack of uniformity has created hardship for Indian people who participate in such religious ceremonies; "(4) the Supreme Court of the United States, in the case of Employment Division v. Smith, 494 U.S. 872 (1990), held that the First Amendment does not protect Indian practitionaers who use peyote in Indian religious ceremonies, and also raised uncertainty whether this religious practice would be protected under the compelling of the State interest standard and "(5) the lack of adequate and clear legal protection for the religious use of peyote by Indians may serve to stigmatize and marginalize Indian tribes and cultures, and increase the risk that they will be exposed to discriminatory treatment in violation of the religious guarantees of the First Amendment of the Constitution. "(b)(1) Notwithstanding any other provision of the law, the use, possession, or transportation or peyote by an Indian who uses peyote in a traditional manner for bona fide ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or by any State. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation, including, but not limited to, denial of otherwise applicable benefits under piblic assistance programs. "(2) This section does not prohibit such reasonable regulation and registration of those persons who cultivate, harvest, or distribute peyote as may be consistent with the purposes of this Act. "(3) This section does not prohibit application of the provisions of section 481.111(a) of Vernon's Texas Health and Safety Code Annotated, in effect on the date of enactment of this section, insofar as those provisions pertain to the cultivation, harvest, and distribution of peyote. "(c) For purposes of this section- "(1) the term 'Indian' means a member of an Indian tribe; "(2) the term 'Indian tribe' means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Alask Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.S. 1601 et seq.)), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; "(3) the term 'Indian religion' means any religion- "(A) which is practiced by Indians, and "(B) the origin and interpretation of which is from within a traditional Indian culture or community; and "(4) the term 'State' means any State of the United States, and any political subdivision thereof. "(d) Nothing in this section shall be contrued as abrogating, diminishing, or otherwise affecting- "(A) the inherent rights of any Indian tribe; "(B) the rights, express of implicit, of any Indian tribe which exist under treaties, executive orders, and laws of the United States; "(C) the inherent right of the Indians to practice their religions under any Federal or State law.".[23][edit] Notes and references^ Cornell.edu. "AIRFA act 1978.". http://www4.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001996----000-.html. Retrieved July 29, 2006.^ Canby, John C. Jr. "American Indian Law in A Nutshell." West Publishing Company, 1988. Pg. 339, 340.^ Christopher Vacsey, Handbook of American Indian Religious Freedom (New York: Crossroad Press, 1991).^ Getches, David, Wilkinson, Charles F., Williams, Robert A. Jr. "Cases and Materials on Federal Indian Law, Fifth Edition." West Group, 1998. Pg. 764.^ Enumeration of areas of conflict from Francis Paul Prucha, The Great Father: The United States Government and the American Indians, volume 2 (Lincoln, Nebraska: University of Nebraska Press, 1984), p. 1127.^ skc.edu. "skc.edu on the AIRFA". http://www.skc.edu/netbook/11-self-determination.htm. Retrieved August 1, 2006.^ doe.gov. "DOE on the AIRFA". http://www.eh.doe.gov/oepa/laws/airfa.html. Retrieved July 29, 2006.^ presidency.ucsb.edu. "President Carter on the AIRFA". http://www.presidency.ucsb.edu/ws/index.php?pid=31173. Retrieved August 1, 2006.^ ntis.gov. "National Technical Information Service on the AIRAF.". http://www.ntis.gov/search/product.asp?ABBR=DE92004243. Retrieved July 29, 2006.^ Utter, Jack. "American Indians: Answers to Today's Question, Second Edition." University of Oklahoma Press, 2001. Pg. 157, 158.^ a b Brown, Brian Edward. "Religion, Law, and the Land: Native Americans and the Judicial Interpretations of Sacred Land." Greenwood Press, 1999. Pg. 6, 7.^ Duthu, N. Bruce. "American Indians and the Law." The Penguin Group, 2008. Pg. 110.^ Brown, Brian Edward. "Religion, Law, and the Land: Native Americans and the Judicial Interpretations of Sacred Land." Greenwood Press, 1999. Pg 125^ Brown, Brian Edward. "Religion, Law, and the Land: Native Americans and the Judicial Interpretations of Sacred Land." Greenwood Press, 1999. Pg. 126^ Brown, Brian Edward. "Religion, Law, and the Land: Native Americans and the Judicial Interpretations of Sacred Land." Greenwood Press, 1999. Pg.129^ Brown, Brian Edward. "Religion, Law, and the Land: Native Americans and the Judicial Interpretations of Sacred Land." Greenwood Press, 1999. Pg. 172^ Smith, Huston. "Why Religion Matters: The Fate of the Human Spirit In An Age of Disbelief." Harper Collins, 2001. Pg 124.^ Smith, Huston. "Why Religion Matters: The Fate of the Human Spirit In An Age of Disbelief." Harper Collins, 2001. Pg 125.^ Kahn, Paul W. "Putting Liberalism In Its Place." Princeton University Press, 2005. Pg. 76^ Smith, Huston. "Why Religion Matters: The Fate of the Human Spirit In An Age of Disbelief." Harper Collins, 2001. Pg 126, 127.^ a b Brown, Brian Edward. "Religion, Law, and the Land: Native Americans and the Judicial Interpretations of Sacred Land." Greenwood Press, 1999. Pg.172^ H.R. 4155, 103 D Cong., U.S. Government Printing Office, Washington:1994 Congressional Record 3 (1994) (enacted). Print.^ H.R. 4230, 103 D Cong., U.S. Government Printing Office, Washington:1994 Congressional Record 10 (1994) (enacted). Print.[edit] External links1994 Amendments to the American Indian Religious Freedom Act of 1978 (pdf):[1]President Jimmy Carter commenting on the AIRFA, August 12th, 1978A Quaker critique of the AIRFA[hide]v • d • eRights of Native Americans in the United StatesTrials Cherokee Nation v. Georgia · Worcester v. Georgia · Standing Bear v. Crook · Hodel v. Irving · Cobell v. Salazar · Talton v. Mayes · Lone Wolf v. HitchcockActs Indian Civil Rights Act · Civilization Act · Pueblo Lands Act · Native American Technical Corrections Act · American Indian Religious Freedom Act · Burke Act · Dawes Act · Native American Graves Protection and Repatriation Act · Indian Child Welfare Act · Indian Citizenship Act of 1924 · Indian Gaming Regulatory Act · Indian Intercourse Act · Indian Removal Act · Indian Reorganization Act · Oklahoma Indian Welfare Act · Indian Arts and Crafts Act of 1990Related Public Law 280 · National Indian Gaming Commission · Native American gambling enterprises · Dawes Rolls · Bureau of Indian Affairs · Eagle feather law · Declaration of Indian PurposeRetrieved from "http://en.wikipedia.org/wiki/American_Indian_Religious_Freedom_Act"Categories: 1978 in law | Native American religion | United States federal civil rights legislation | United States federal Native American legislation | Church and state lawAmerican Indian Religious Freedom ActPublic Law 95-341 - August 11, 1978 -- 92 Stat. 46995th Congress * Joint ResolutionTitle 42On and after August 11, 1978, it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.American Indian Religious FreedomAug. 11, 1978 [S.J. Res. 102]Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That henceforth it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.Native people were not allowed to participate in their ceremonies, dances or wear their feathers which were (and are) considered sacred until 1978, when the American Indian Religious Freedom Act was passed by Congress. Mascots, and the use of feathers, war paint, and symbols came into popularity in the 1930s. This was almost 50 years before Indians were entitled to use the same objects that were being used by non-native people who were pretending to be them.

Blog

All Posts (6434)

Wise Words From A Wise Man; Whom I Will Miss.

HAWAI‘I FILM RECEIVES SPECIAL JURY PRIZE AT TAHITI FILM FESTIVAL

AKAKA BILL WON'T HELP HAWAIIANS

WHAT DOES A FREE HAWAI`I LOOK LIKE?

AFFORDABLE HOUSING HOMELESS ALLIANCE IN HALEIWA

Hawai'i TV Blog Update!!!

Anyone know the name of the 2 full length sovereignty videos that came out.

WHAT'S THE DIFFERENCE BETWEEN THE AKAKA BILL & A FREE HAWAI`I?

They try to eradicate Hawaiians from the aina when they themselves are pests: Fire ants and grits

Three of my columns, with themes touching on Hawai'i

Uncle Eddie Ka`anana Tribute: Ku`i Kalo at Capitol on 1/25/10

Wednesday, January 20, 2010

Uncle Eddie Ka`anana Tribute: Ku`i Kalo at Capitol on 1/25/10

Four New Hawai'i TV "Video Blogs" Posted

FREE HAWAI`I TV - "FOUNDATION FOR THE HAWAIIAN NATION"

Securing Disaster in Haiti

AKAKA BILL HAWAI`I HEARINGS CALLED FOR

END THE SHAME - REMOVE YOUR NAME!

Check out Hawai'i Tv Blogs New & Improved Customized Website!!!

NEW KOANI FOUNDATION WEBSITE ON VOICES OF TRUTH - ONE-ON-ONE WITH HAWAI`I'S FUTURE

HAWAIIAN KINGDOM CONSTITUTION 0f 1864

DLNR VIOLATING PUBLIC LAW 95-341

Note: this page contains paid content.