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SUPERFERRY - HOW NOT TO DO BUSINESS IN HAWAI`I

Posted by Free Hawai`i on January 2, 2009 at 9:25pm
SUPERFERRY - HOW NOT TO DO BUSINESS IN HAWAI`IShips' Survival Now In Hands Of Hawai`i CourtIf a single situation could be held up as a model to discourage enterprise and investment in the state, it is that of the Hawai`i Superferry. The Lingle administration and an equally culpable state Legislature did no one - not taxpayers, the visitor industry, businesses or public or environmental interests - any favors in their bungling of the ferry issue.Had officials simply adhered to legal requirements from the get-go, the harm imposed and that could yet be brought to the ferry company and others, and the community divisiveness their mistakes have generated would not have occurred.
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Hawaii & Lithuania Under International Law‏

Posted by Pono Kealoha on January 2, 2009 at 11:34am
Prolonged Occupations: Hawai‘i and the Baltic StatesLead Investigator: Kūhiō VogelerFrancis boyleWhat I am going to do is go on speaker phone, I have it next to the recorder. There is a consent form, I will send as a PDF form. Here are the basic background questions.InterviewsBackground:What’s your name? Francis Boyle.Where do you live (what city)? Champaign, IllinoisWhen were you born? Chicago, ILWhere were you born? 1950.Of what nationality are your parents? US.Where do you work? How long have you worked there? What do you do there? I am a professor of Law at the University of Illinois Urbana-Champaign.Where have you attended school? What is the highest academic degree? And what was the area of study, if any. I have a bachelor’s degree from the University of Chicago, Doctor of Law from Harvard Law School, and a Ph.D. in political Science specializing in international relations from Harvard.Have you ever served in the military? If so, for which country? No.What languages do you speak? My French is kind of rusty and my Latin is rusty. English.Of what ethnicity, if any, do you consider yourself a member? Irish-American.KV: I have read a few of the things that you have written over the years. One of them, I am trying to get a copy of, from 1994.FB: The speech I gave at Mabel Smith Hall advising the Kanaka Maoli they had a right to establish their own independent state. You can find on the website on the Nation of Hawaii. That was later published with footnotes at the St. Thomas Law Review.KV: That was what I was looking for. Thank you. The version with the footnotes. Volume 7, I am writing that down.FB: The actual text you can find on the Nation of Hawaii.KV: I just wanted to get the version with the footnotes because it will be so handy. As far as the. those were the introductory questions as far as the background but these are the questions as far as the dissertation goes. In school what were you taught about the United States’ relationship to Hawai‘i?FB: Actually, I had already studied this as part of my dissertation at Harvard and had studied the theft of the Kingdom of Hawaii by the United States. I was familiar in a general sense with what had happened, the US government illegally overthrew the Kingdom and then stole Hawaii. I was familiar before I got involve in the issue itself.KV: So that was part of your doctorate degree or as part of getting.FB: Actually, back in high school I had done a detailed study of. I head written a paper on the history of US imperialism from the Spanish American war into, I guess, the 1920’s. I studied what was done to Hawaiian. I was familiar with the situation. I did not study it in great detail but I knew enough to figure out it was stolen.KV: That paper is online, yes?FB: The high school paper? No. It later became my book, if you read it. Foundations of World Order which was part of doctoral dissertation at Harvard. There is a section on the overthrow of Hawaii. The genesis of that book went back to the high school paper. In the forward, I thank my high school teacher for having me study this imperial era of American Foreign Policy. I thank my high school. I think it was in 1967.KV: Growing up, what did the media tell you about the relationship between the United States and Hawai‘i? (for example, newspapers, T.V., magazines, radio, etc.)FB: What the media still tells you today, that Hawaii is still a part of the United States, that it is the 50th state and all that propaganda.KV: Growing up, do you have any memories of your family discussing the relationship between the United States and Hawai‘i?FB: No, I really don’t.KV: These are the same exact questions I asked in the Baltic States so that is why they are phrased the way they are. Growing up, did you learn about the relationship between the United States and Hawai‘i from any other sources?FB: No I had, in the preparation of the…this was an advanced placement history course and the paper was a year long paper. I made a very detailed study of the history of American imperialism starting in the Spanish American War in 1898. The overthrow of the Kingdom was in 1893 but the US used the Spanish American War as a pretext to annex Hawaii in 1898. I was familiar with what had happened. I studied more since that time but certainly not familiar with all the details as I became when I was retained by the Hawaiian Sovereignty Advisory Commission 1993 to give an opinion on the right of the Kanaka Maoli to set up their own independent state.KV: Who was that history professor that got you going on this?FB: His name is in my book. John Mohan. I think he is now retired in my book because that book sparked my interest in the history of American Imperialism. That paper, I guess, the impetus for that was President Johnson’s illegal invasion of the Dominican Republic in 1964. That sparked my interest in studying the history of American imperialism going back to the Spanish American War and in the course of that looked into what had happened to the Kingdom of Hawaii.KV: Great. You were doing this so long ago. Did you ever visit places outside of US control? And did these visits, did they lend any insight into the relationship between Hawaii and the US?FB: The first time I was in Hawaii was in 1991 but that was on an antiwar court martial at Kaneohe Bay for a marine corporal who was the first resister to go 401. what really did force me to spend a lot more detail was when in 1991, the American Indian movement set up an international tribunal to prosecute the US government for genocide, for inflicting crimes against indigenous peoples in North America. And they asked me to serve as the prosecutor in light of the 500th anniversary of Columbus.As a result of that, the American Indian Movement invited the Kanaka Maoli to send a delegation to the tribunal and it was under the chairmanship of my friend, Dr. Kekuni Blaisdell, and so I did argue before the tribunal that the united states government had inflicted genocide upon the Kanaka Maoli and the tribunal agreed with me unanimously on that. That was the start of my personal as opposed to my academic involvement in Hawaii.In 1993… that was October of 1992 and then a year later the Hawaiian Sovereignty Advisory Commission, one of the commissioners, Bumpy Kanahele, contacted me and asked if would be willing to come out and give an opinion on the right of the Kanaka Maoli to establish an independent state. I agreed to do that so the next time I went to Hawaii, specifically to deal with the Native Hawaiian situation. I set aside a week because I asked Mr. Kanahele that I wanted to go out to the different islands and meet his people all around. To see how they lived, to talk with them and evaluate their situation. I really had no direct personal experience prior to that trip. You can see the Nation of Hawaii website or just Google under my name you can see the Affidavit that I submitted on Kanahele’s case detailing these events and my first visit to Hawaii and that nature.KV: Thank you. I have come across some of the things Googling you but I have not…I did not scroll down enough to find that one.FB: It was the Affidavit in the Kanahele case. It is comprehensive as of 1994 or so, the beginning of my involvement but it does not cover my work with Dr. Blaisdell and his people.KV: thank you.FB: By the way, you are asking the question on the Baltics, I grew up on the south side of Chicago and was fully aware of the tragic plight of the Lithuanians since so many people living on the South side was Lithuanian. In fact, my aunt was Lithuanian. In 1991, when President Landsbergis declared independence and President Gorbachev had paints (?) on the Parliament, I did volunteer my services to Landsbergis free of charge. I had never been to Lithuania but the south side of Chicago was like a little Lithuania and I had known what had been done to them as well as Latvia and Estonia.KV: Did you go out there?FB: No, not at that time. I worked with through their ambassador in the United states, starting though January 1991 through their independence. And then what happened, Landsbergis decided not to run again. Ambassador Stasys Lozaraitis ran, I guess this was in 1992. he lost and the people voted into power the communist. I have not had any contact with the Lithuanian Government since then. I did do a great deal of legal work for them pro bono during that time.KV: Did you know Bill Hough?FB: Who?KV: Bill Huff was another international law scholar that was helping him out.FB: No, I was working with Lozoraitis and then he conveyed my work directly to Landsbergis.KV: At one time, did you believe that the Hawaiian islands were part of the US?FB: Well, certainly, as a kid growing up I believed that it was the 50th state of the union as of 1959. But once I had started to study the situation in high school, I realized that the united states had stolen the Kingdom of Hawaii, destroyed the kingdom, stole its land, inflicted near genocidal conditions on its people.KV: That was in high school.FB: It was part of the study I did on US imperialism.KV: At that time, did you think that the US would remain in Hawaii throughout your lifetime.FB: I cannot say I really thought of it one way or the other because I was not actively involved in the Hawaiian sovereignty movement. I just chalked it up to another example of US imperialism like the invasion of the Dominican Republic or the Bay of Pigs Invasion in Cuba that I had seen. I did not know how long it would last. Or the theft of Puerto Rico. I also got work down in Puerto Rico with the Puerto Ricans to help them. So how long it lasted, I had not thought about one way or another. But it was clearly stolen.KV: Sure, sure. When did learn that Hawaii was occupied or do you believe that Hawaii is occupied right now?FB: Sure its occupied. Since 1893, it has been under the illegal, colonial, belligerent occupation of the United States since then. I did not study the laws of war until I went to Harvard Law School. My teacher, Richard R. Baxter, was an expert on the laws of war so began to study in 1974 and studied the laws of war, belligerent occupation and things of that nature.KV: Was it then that you realized that Hawaii was occupied or when did you realize this?FB: I really organized my thoughts on Hawaii when the Hawaiian Sovereignty Advisory Commission invited me to come out there and give them this public lecture. I am a lawyer, I work on problems as they come to me. It was only then when I was invited to give the public lecture and to spend morning privately answering the questions of the commissioner that I began to formally turn my area of expertise, international law, laws of war and things of that nature, to the situation in Hawaii.KV: So, what was your first reaction when you started doing your research and you were ready to come out to Hawaii and you realized that ‘heh, Hawaii is occupied, this is a belligerent occupation, violating the laws of war?’FB: You can read all that in the lecture in the Mabel Smith Hall. There it is, spelling out the consequences for the Native Hawaiians, where they stood?KV: What was your reaction? Did your views of the world change, or of the US or understanding of yourself, did any of that change?FB: One reason Mr. Kanahele retained me, or the Hawaiian Sovereignty Advisory Commission, is that I had worked with the Palestinians in setting up the Palestinian state. Because of that experience, they wanted my position on the what, if any right, did the Hawaiians have to do the same thing. I had been through this type of situation with the Palestinian, it was nothing new. Nothing surprised me about the US government. I had been studying the American Foreign Policy back to the Cuban Missile Crisis of 1962. Having lived through that and threatened with extermination I had concentrated my attention.The Cuban Missile Crisis, there was already the Bay of Pigs, the Vietnam War, the US invasion of the Dominican Republic…nothing surprised me.KV: As far as you know, did the number of people who understood that Hawai‘i is occupied increase, remain the same, or decrease?FB: Well, certainly after my lecture the people in the audience, and the audience was pretty packed…the people in Hawaii began to understand these issues. I presented a formal legal opinion as to their situation. To the best of my knowledge, it was the first time an international lawyer had gone out and done that. As I said, I was retained formally by the Hawaiian Sovereignty Advisory Commission which was set up by the State of Hawaii. They paid my expenses and a modest honorarium. And the check was signed by Governor Waihee, a Native Hawaiian himself. I made a Xerox of that check. I thought it was pretty cosmic to be invited by the State of Hawaii to find out why Native Hawaiians had the right to take Hawaii back and set up their own state.KV: Did some people believe that Hawaii was no different than the other states in the US?FB: Sure. When I got out there, Mr. Kanahele’s and his group, Ohana..his organization. You had the Trask sisters and their organization and Dr. Blaisdell. Already Native Hawaiians did not believe that Hawaii should be part of the United States. But they did not have the legal training that I had to articulate those arguments. Again that is why I was retained by the Native Hawaiian Sovereignty Advisory Commission of the State of Hawaii to come out there and give that opinion which was in the lecture. It is online, they have a transcript. If you hit Mr. Kanahele’s web site, it is on there.KV: I went to the web site, I must have missed it. Just so I have this clearly, your contention is that Hawaii Sovereignty is still intact.FB: Yes, and if you are interested you can try the website Kingdom of Hawaii, Keanu Sai… and the papers we filed with the US Supreme Court in 1998 on the 100th anniversary of the illegal annexation asking for the restoration of the Kingdom of Hawaii. The legal arguments are on there.KV: That is the Writ of Mandamus.FB: No, he did a Writ of Mandamus that was his. What else can we do here. I changed that a formal complaint submitted under the original jurisdiction clause of the United States Constitution permitting the foreign sovereign here, the Kingdom of Hawaii, to sue the US. I was not involved in his separate issue. But we did do the other one together. You will see the bill of complaint that I drafted with the US Supreme Court that I filed with the US Supreme Court. The arguments in favor of the continuing existence of the Kingdom of Hawaii.KV: That is great, thanks. Those people who think that Hawaii is the 50th state, did you have conversations with those types of folks?FB: Yes, every time I am out in Hawaii. It is the same type of people in the former Soviet Union who believe that Lithuania was part of the Soviet Union. Lithuanians never saw it that way. In the work I did for President Landsbergis, I went back and read all the treaties with the Republic of Lithuania with the Soviet Union. If you read these treaties, it is clear that Lithuania never signed any treaty giving up its independent existence as a state and was always careful to preserve its existence as the Republic of Lithuania even under the most brutal occupation possibly imagined under Stalin and Molotov. The Soviet Union shipped 200,000 Lithuanians off to Siberia and never to emerge again. Outright genocide.They are roughly analogous. So sure, the Soviet Union insisted for years that Lithuania was part of the Soviet Union. No-one accepted that. Everyone knew Lithuania was independent starting with 1919 and was illegally annexed, conquered by Stalin in 1939. The haoles out in Hawaii was like the Stalinists. I was over in the Soviet Union in 1989 and arguing Lithuania as well. I got some Soviet lawyers to agree with me, finally, when Gorbachev admitted that there was a secret protocol to the Molotov-Ribbentrop Pact carving up Lithuania, Estonia, Latvia and Poland between Nazi Germany and Stalinist Russia. I argue that point in the Soviet union in 1989 when I was invited over there once.KV: You cant see me right now but there is a big smile on my face because you are the first person who has, in doing these interviews, participated in both in the capacity of international law and you understand the context and that is refreshing.The next question here: what political groups have been actively trying to end the occupation?FB: You have Kanahele’s group, you the Nation of Hawaii, Kekuni Blaisdell, Mililani Trask. Those are the groups that I worked with primarily over the years, and there are differences of opinion. There are other groups as well. I have been back to Hawaii twice, since then, and travelled around and met many of the organizations, groups, individuals, and kupunas. They are all over Hawaii. You have to go out there and find them and talk to them. The ones that I worked with closed with are Kanahele, the Trask sisters and Kekuni.KV: And you mentioned the argument with the Supreme Court with Keanu Sai and those folks.FB: Yes, I worked with Keanu Sai and he is going back to school, I guess. I worked with him as well. He still gets involved but is not as actively involved as he used to be. He still speaks out.KV: He is finishing up his dissertation.FB: He started to get a Ph.D, and has somewhat retreated from activist work. But before he decided to get his degree, he was in the vanguard. I have great respect for him as well.KV: Do you believe these groups; any of these groups have been effective?FB: Sure they have been effective. They have all been effective. They have turned around the debate in Hawaii. You talk with any Hawaiian and they say they are entitled to sovereignty and they are all entitled to their land back. For fifteen years I have been involved with this movement myself. You have to understand that this tragedy was inflicted by the US in 1893, 115 years ago, and it is not going to be solved tomorrow. Look at Lithuania. In 1939 the Molotov pact and the illegal invasion and annexation of Lithuania and it was not until 1991 that Landsbergis proclaimed independence and in 1992 the Soviet Union collapsed and Lithuania was free. We are talking about 50 plus years for Lithuania. It is a long process.If you look at it historically, it took that many years from 1939 -1992 for Lithuania. It took 1893 until I do not know when for Hawaii. Eventually it will happen. For the same reason. The point is this, under international law, in the absence of sovereignty, it is a people living on their own land and asserting their own rights and that is what the native Hawaiians are doing as we speak. This is what happened in Lithuania, Latvia and Estonia and it happened in Palestine and I believe it will happen in Hawaii.KV: As far as you can remember, did pressure from other countries cause changes within Hawai‘i?FB: Before the overthrow of the Kingdom of Hawaii, there were large numbers of other countries that had diplomatic relations with Hawaii, nations with the Kingdom of Hawaii. I know Sai and several people are trying to reestablish diplomatic relations or at least relations with some of those things. I am not personally involved with that. I have contacted a few of them one way or another. It is obviously political because they do not want to irritate the US.KV: Sure, sure. A very good point. I have talked with a few folks who have mentioned work that has been done outside of Hawaii. It is difficult. Was there a moment when you understood that the US occupation of Hawai‘i will end, that the US government and military will leave?FB: Just based on my experience with Lithuania, I think it is mostly analogous. I know after Gorbachev sent the tanks to storm the parliament, it was a desperate situation. We were not sure what was going to happen. And working on the worst case possible scenarios that you can think of. Out of nowhere, the Soviet Union collapsed and Lithuania was free. I told this story repeatedly in Hawaii, if Lithuania can resume its independence, Hawaii can too. It is the way historical forces are working. We will have to see what happens.I can’t predict the future but I have worked with the Palestinians on the creation of their state. Today they are recognized, the state of Palestine, 127 other states, they have a de-facto relations from most of Europe. They have all the rights of UN member states except the right to vote. The only thing keeping Palestine out of the UN is the threat of the US veto to get in. they were actually, Palestine as a state, was invited to attend, by the International Court of Justice, in their proceedings on the advisory committee to serving Israel Apartheid war. They proclaimed their state, in November 15, 1998. I was the legal advisor, and did all the legal work on that project. All the same processes are at work here.KV: So there has not been a moment where you realized that the US has definitely going to leave but you are saying it is analogous to what took place in the Baltic States and what took place in Palestine. But there wasn’t …FB: Just last week President Omer said that we are going to have to leave the West Bank in Jerusalem. It is inevitable and everyone knows that. It will take time because the overthrow was 1893 and it is now 2008 and I can’t say how long it will take. The Native Hawaiians are not going anywhere and they are not giving up.KV: Very good. As far as you know, what factors changed so that the US government could no longer control Hawai‘i?FB: it is the non consent and the non position of the native Hawaiians themselves. That will make it clear. It is really for them to do it for themselves. I am only an advisor and gave them representation. They have to do these themselves and there are leaders there. We have gone through them, and I don’t mean to exclude others that I met and have a lot of respect for. I am not in charge of the timetable, they are. It will be up to them to decide and to let the US know that it is time for them to go home. One thing I have pointed out and if you read my Mabel Smith lecture is that they really needed to study Gandhi in India and his technique, true force, which I argued in 1993, was similar to Aloha in Hawaii. Applying aloha, I felt the native Hawaiians I felt the Hawaiians could throw the US out of Hawaii, similar to how Gandhi threw the British Empire out of the Indian subcontinent.Again, they have to decide this for themselves. I give advice and what they do is up to them.KV: That is so interesting because my masters were in religious studies, studying Gandhi. So to make sure I have this clear as to what factors would have to change – once Hawaiians decide should leave, that is the primary force, or is it education or anything else.FB: It is all these factors together. Are you in Hawaii now?KV: Yes.FB: You have to take a tour of Mr. Kanehele’s village in Waimanalo and see what he and his people are doing in terms of building their state from the ground up. That is what they are doing. They are educating their people, reviving language and culture. And they are making their state that is all parts and parcel of the same phenomena.KV: This question is unique because you can answer it in two ways. You helped out in the Baltic States as well. As the occupation ended, did you participate in the reestablishment of the independent Baltic or Hawai‘i government?FB: As I said I did large numbers of position papers for the Republic of Lithuania on these types of issues. From shortly after Landsbergis proclaimed independence until the collapse of the Soviet Union. I have a file here – the attorney-client thing. I have many files dealing with the many problems that would confront them. As I said, the people voted the former communists back in power afterwards, I never heard back from the Republic of Lithuania. I have had no further contact since then.KV: Like I said, I met with Landsbergis and he is working with the EU now. But he is busy, very busy. He does not seem to have slowed down at all.FB: Is he in the European Parliament now?KV: Yes, he is Lithuania representative, or if he is at-large. But he is working with the European parliament now.FB: I worked closely with the Lithuanian Ambassador to the US and he had Landsbergis ear… since then he has died but have not had contact since then.KV: I have a few more questions here. You are so unique because you helped out with both.Did the ending of the occupation affect issues relating to language, culture or ethnicity? You can answer that whether...FB: Yes, those are serious issues. I did do a memorandum for the Republic of Lithuania. Clearly, they did a better job in protecting the basic human rights of the ethnic Russian population and the Lithuanians as opposed to the Latvians or Estonians. Of course they are the population; Russians populations were higher because of the genocide and the colonialism. But it is a serious problem. You have to respect the basic human rights of the ethnic Russian population of Lithuania and they have tried. There have been diplomatic communications back and forth but I do not think there have been Lithuania and Russia today. Second you do not want to irritate Russia to give them a pretext. I did do work on these matters.If you look at the Nation of Hawaii website, Mr Kanahele did ask me to do a draft of the constitution for Hawaii. And trying to figure out the deal with the white people who might remain in a restored Kingdom. You might want to look at that. I have had to deal with these kinds of issues of the Palestinians; I was the advisor for the Palestinians to the Middle East negotiations from 1991-1993 and had to deal with those types of issues including Jewish settlers remaining in the Palestinian state. I have dealt with these issues and elsewhere.KV: Coming back from the Baltic States, especially Latvia, there are five dissertations there are five dissertations just dealing the fact of citizenship. It is so complex.FB: It is a difficult issue but my issue Lithuania has been more progressive and it has not been such a big issue like in Latvia and Estonia.KV: Estonia has its troubles too.FB: Lithuania has not to the same extent.KV: When I went over there they said for us not to do what they did. For instance, in Latvia, they said do not do what we did for citizenship. And this goes into the next question…. As far as you remember, how did the ending of the occupation affect real estate?FB: I have not worked on that issue in Lithuania. I did not a memorandum for them on suing Russia and the Soviet Union at the world court on their compensation claims for the occupation. Lithuania has not done it. I have dealt with that issue with Mr. Kanahele. It is a draft constitution, how we decided to handle that. You can look at it there. I do not know what to say. Once the former communists were elected into power, I was dropped like a hot potato. I was not getting paid for Landsbergis so it did not bother me.KV: As far as you remember, how did the ending of the occupation affect the economy?FB: In Lithuania?KV: Yes.FB: I think they are doing okay today, aren’t they?KV: Yes, I was surprised when I went over there that when you go and do the calculations and the exchange rate and looked at bananas and when you work out all the differences, they cost about 89 cents a pound over there, which is what it would cost over. I mean if you do the conversion I was surprised.FB: (muffled – basically did not have any contact after the communist election in 1992)KV: Was there a moment that led you to believe that Hawai‘i or the Baltic States was free again?FB: It was clear with the collapse of the Soviet Union; it was a miracle from heaven. Here we were fighting to keep Lithuania alive and all of a sudden the Soviet Union collapsed. They were free, it was clear.KV: How did you feel?FB: It was great, wonderful. It was remarkable to see… I actually have a little photograph here in my office. We had a rally here on nation’s day for Latvia, Estonia and Lithuania in 1991. I was speaking at the rally there, with the flags. It was a wonderful experience, I was aware of what happened at a young age, had studied their history. Having growing up on the south side of Chicago fully aware.KV: In Hawaii, have you experienced anything like that?FB: after coming, after my Mabel Smith lecture, if you see the affidavit I submitted for Mr. Kanahele, you can see that he and his people, the Ohana Council, proclaimed independence. And they are moving in that direction. Keanu Sai is moving that direction. Dr. Blaisdell is moving in that direction. The Trask sisters, they have another approach, but still are moving to establish sovereignty as they see it. I am encouraged but I can’t predict the future. You can see the Baltics, the Palestinians. They re moving in the same direction. When I first started working with the Palestinians, no-one believed they were going to have their state. But now everyone believes they will have their state, eventually.KV: Are there any questions that you would like to ask me? Or is there something that you would like to tell me that was not covered in this interview?FB: No, not really. I would be interested in reading your dissertation when it is done.KV: Thank you. The information you provided and the fact that you worked in the Baltic States and in Hawaii is just great. It is a real person who has worked in both issues dealing with international law.FB: And this dissertation is going to be submitted where?KV: It is at the University of Hawaiian and I should be done at the end of this year. I finished two chapters and have three more to right. The first chapter is going to be last. I am just compiling the interviews I did in the Baltic States and the interviews I did here and checking…going back with what you are saying. I am going back to check the circumstances to see how they lined up. Other people have brought up the similarities with the Baltic States before.FB: Hawaiian independence, this is not a case of cessation. The Soviet Union never had title to Lithuania in the first place. It is not like the American south like in the civil war. Hawaii is not seceding from the United States. The United States has to pick up and go home as did the SU picked up and left Lithuania.KV: I am interviewing all kinds of folks; I have interviewed Jon van dyke, and William Burgess. Even through I am making this comparison, there are some differences. Back then there were two super powers, now there is just one.FB: It looks like the United States might be collapsing as well.KV: And the USSR is not the same as the US. Even though I am making this comparison, I am trying to hold back any judgments that way until I am able to take all this information in and understand fully. So far these interviews have gone great and in the Baltic States. What I have seen so far, there is a great deal of information they shared that might be applicable to Hawaii.FB: That is for sure. Who is your dissertation chair?KV: Dr. Chadwick.FB: I am not familiar with him.KV: It is an odd thing going on in Hawaii. You actually have some Hawaiians that are not favorable to looking at Hawaii in terms of international law.FB: What can you do? Most of them do. I have been all over the islands and have watched repeatedly, the kupuna, on all the islands. Most pretty much agree with the analysis that I bring to bear.KV: They view Hawaii as being colonized, these topics of international law, and some Hawaiian academics they feel this discussion of international law goes contrary to Hawaiian values.FB: I do not know why. The Kingdom of Hawaii and participated in the system of international law as it existed from the creation of the Kingdom to the overthrow. They had diplomatic relations all over the world, and treaties. I do not see how this was inconsistent with what they were doing before 1893.KV: Absolutely. But as I said, these interviews are going well. I should be finishing up the dissertation at the end of the year. I am looking forward to the end, to see how everything lines up.FB: Well send me a copy and I will read it. I would be very interested to see what you had to say.KV: Thank you so much. And so, I will go double-check the nation of Hawaii to get your talk and will follow up with the footnotes.FB: One other point, the Supreme Court in Hawaii just rendered a decision on the Native Hawaiian Apology Resolution and they agreed, and it came down this year, with what I had to say in 1993.KV: I will take a look at that.FB: Of course, the State of Hawaii has now appealed hoping that the US. Supreme Court will overturn the Hawaii State Supreme Court. Well okay. But the significant point is that they pretty much agreed with what I was saying in 1993 about the meaning and significance of the resolution.KV: I will go and do that. That is what I am doing, is going back to the interviews and as people mentioned particular articles or particular events, I do the research and follow up so I can make sure I understand the context here.FB: Okay. I do think you would want to talk to Kanahele, The Trask Sisters, Kekuni and Mr. Kanehele.KV: I have called Mililani and I have sent the questions to Mr. Kekuni Blaisdell and am supposed to follow up with him today or tomorrow. I talked with Poka Laenui already. It is all going great. If there is anything you can think of or any article…you have my email address.FB: And tell me when it is done, I would like to read it.KV: Thank you so much.ENDFrancis A. BoyleLaw Building504 E. Pennsylvania Ave.Champaign, IL 61820 USA217-333-7954 (Voice)217-244-1478 (Fax)(personal comments only
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KANAKA MAOLI OPEN LETTER TO BARACK OBAMA

Posted by Free Hawai`i on January 1, 2009 at 9:34pm
We, the undersigned Kanaka Maoli (Hawaiian) kupuna (elder spokespersons), write this Open Letter to you on behalf of many in our Kanaka Maoli nation who are indigenous to these islands in which you were born, to welcome you home, with your Chicago `ohana (family), for a well-deserved nanea (rest and relaxation).......we Kanaka Maoli appeal to you, Mr. President-elect, to join with us in constituting a high-level Kanaka Maoli-US Commission, composed of recognized experts from our two nations, as well as from the international community, to review the ramifications of the injuries done to our Kanaka Maoli nation and people by the U.S. since 1893, and continuing through the 2000 introduction of the unacceptable Akaka Bill, with a view to proposing pono (just) and honorable remedies without which there can be no reconciliation....Read The Entire Letter
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2009

Posted by Ululani on January 1, 2009 at 11:30am
For my family and friends who like KNOW:For 2009:I plan to continue to learn everything that I possibly can about land... even though some people wanna suck the life out of the land.I would like to pay for college tuition and law school tuition for some POOR oiwi... because I was so poor some people do not know how poor I was nor can they imagine how poor I was.I would like to overlook my distaste for what I perceive as SOME arrogance and do SOME good in the way of helping to pay tuition for a few POOR oiwi to attend UH-Manoa. Hopefully my kupuna will help me work on this one because arrogance repulses me so it is difficult for me to overlook arrogance. With their help I will try not to be so blunt and try not to let the little arrogance get in the way (LOL) I will TRY.... I will continue to bow down to my kupuna. It is EXTREMELY difficult to raise funds on my own... but as much as some people SUCK THE LIFE OUT OF THE LAND... land also gives LIFE. Need I say more???? LOL(In 2008 I was busy due to this. In 2009 it's gonna get worse LOL)Ironically I live along a lake albeit a man-made lake in a modest home that my husband and I bought for $123,700 :) I also work the Clearwater Beach area and will continue to do so. I will continue to go to Clearwater Beach often. Wanting to be close to the water. Always. For those of you who really like KNOW... I go to the beach when my head hurts with complex topics which... amazingly... I UNDERSTAND LMAO I will continue to be near WATER because water (like LAND) IS life too....I will also continue NOT to care that some people criticize MY LOOKS and/or MY BODY LMAOBefore I die I would like to donate to MY CAUSES... not after. I want to KNOW. I do not want to NOT know LOL....I was once consumed with getting out of poverty. Later I was consumed with being able to walk again (LOL) Then I was consumed with graduating from college. Lately I am consumed with donating to MY causes before I make. What are my causes??? LOL The language and the PEOPLE das what.I will also continue to use my "professional" picture. The one that I flipped 180 degrees to epitomize that the Hawaiian World is diametrically opposed to the Haole World... in that I think that the Haole World is more RUDE LOL I plan to keep that ka ona in there.Don't judge a book by its cover... because you may not know what lies beneath the superficial and/or may not see the core just because *you* don't want to see the core or because *you* fail to see the core...My niece Mehana o kala tells me that I sound like Yoda LOL....I will also continue to try to hanai/adopt as many oiwi kids as I possibly can... but that is not just my goal for 2009. It's my goal to infinity LOLAnyway hope my family and friends and EVERYONE who has the IWI has a wonderful 2009 and continues to SURVIVE.Love y'all!Latahs!


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FREE HAWAI`I TV - "SAVE HAWAIIAN STOLEN LANDS!"

Posted by Free Hawai`i on December 30, 2008 at 11:56pm
FREEHAWAII.INFO PRESENTSFREE HAWAI`I TVTHE FREE HAWAI`I BROADCASTING NETWORK "SAVE HAWAIIAN STOLEN LANDS!" Last Friday's Protest Was A SuccessBut Do We Stop Now?What Three Things Are Critical Next?Watch & Discover What You Can Do To Help Save Hawaiian Stolen Lands
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New stamp to celebrate 50 years of statehood

Posted by Pono Kealoha on December 30, 2008 at 10:30am
New stamp to celebrate 50 years of statehoodStamp.jpgTHIS IS Hewa , Continual Propaganda by USA of Culturecide & GenocideToward the Kanaka Maoli ,OUR ILLEGALLY OCCUPIED and PUPPET RULED SOVEREIGN " NEUTRAL" NATION and Sovereignty SINCE 1843 !:by Shoving the False 50th so called statehood up our Okole's and Down OUR THOATS !with PUSHING this USA STAMP and USA QUARTER " BOTH LIES" By the CONTROLLED MEDIA AND THE BRAINWASHED SHEEPLE THAT DONT USE THEIR BRAINS FOR CRITICAL THINKING.
HonoluluAdvertiser.com

December 30, 2008

New stamp to celebrate 50 years of statehood

Commemorative issues also will mark Alaska's 50th, Oregon's 150th

Associated Press

The 50th anniversary of Hawai'i statehood will be celebrated in 2009 with a new stamp from the Postal Service.

The stamp shows a surfer and canoe paddlers riding a wave.

Other scheduled stamps in 2009 include:

  • Statehood anniversary stamps for Alaska's 50th and Oregon's 150th.

  • A two-stamp series of early moments in television. Included in that series will be Lucy and Ethel as they lose their struggle with a chocolate assembly line from the show "I Love Lucy," and Joe Friday of "Dragnet" demanding "just the facts" with a penetrating gaze.

  • Lunar New Year, marking the Year of the Ox, starting Jan. 26.

  • Edgar Allen Poe, marking the 200th anniversary of the birth of the poet and fiction writer.

  • Abraham Lincoln, also born in 1809, will be honored on four commemorative stamps.

  • Wedding Cake and Wedding Rings, for sending invitations.

  • Comedian Bob Hope is recalled for a life devoted to making people laugh, especially his efforts to visit and entertain men and women in uniform, starting in the early 1940s and continuing through the Persian Gulf War five decades later.

  • Nature of America: Kelp Forest, the latest in a series featuring plant and animal communities.

Most of the commemorative stamps are priced at 42 cents, the first-class letter rate. However, a rate increase is scheduled in May, and the size of the increase will depend on the consumer price index. http://www.honoluluadvertiser.com/article/20081230/NEWS01/812300325/-1/localnewsfront

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Long Live The Hawaiian Kingdom

Posted by Pomaikaiokalani on December 29, 2008 at 8:53am
ALOHA Kakou, e Hawaii,On Saturday, January 17, 2009 is the 116th anniversary of the overthrow of the lawful government of the Hawaiian Kingdom.Ilioulaokalani is calling for All Hawaiian to Stand Together as One. Join us in its KU I KA PONO March thru Waikiki with a Rally at Queen Kapiolani Park.Never in the history of modern day Hawaii, has the civil rights of Hawaiians have been so threaten as they are by Governor Lingle.It is now our duty to the future of our people to Stand as One People. Especially those of us who have been in the movement for the rights of our people.For me, those years have been for over 50 years. The only regret that I have is that I don't have another 50 years to devote to the Independence of Hawaii.The Hawaiian Kingdom, our nation is out there. It is an Occupied Nation. An Occupied nation that calls to us to go home to her. To give her life. To have her be once more a nation of the Free World of Nations. Not as an Occupied Nation.115 years of Justice Delayed is Justice Denied. Enough is Enough.KU I KA PONO Jan. 17, 2009 Waikiki, Queen Kapiolani Park
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KOANI FOUNDATION CEDED LANDS PROTEST STATEMENT

Posted by Free Hawai`i on December 28, 2008 at 10:17pm
The so-called ceded lands are really only one thing - stolen lands of the Hawaiian Kingdom which was illegally overthrown over one hundred years ago and is still occupied by the U.S. to this very day.We stand solidly opposed to any action by the so-called state of Hawai`i or the Office Of Hawaiian Affairs which would attempt to take, trade, dispose or sell these lands since they are not theirs to begin with.The ceded lands belong to Hawai`i Nationals - descendants of citizens of the Hawaiian Kingdom and their loyalists.There is no deal or negotiation which would be legitimate other than the return of our nation which includes all the `aina (land) not just some of it.The plea by the fake state of Hawai`i to the U.S. Supreme Court to declare the ceded lands theirs is both illegitimate and an outrage.We call upon Governor Linda Lingle and Attorney General Mark Bennett to immediately and permanently withdraw this case.Their desire that the U.S. Supremem Court declare the ceded lands theirs based on the Newlands Resolution is simply an attempt to legitimize a theft.The U.S. Department of Justice itself declared the Newlands Resolution as less than legitimate during the Reagan administration in 1988, when they stated, “It is therefore unclear which constitutional power congress exercised when it acquired Hawai`i by joint resolution. Accordingly, it is doubtful that the acquisition of Hawai`i can serve as an appropriate assertion of authority.”Likewise the Koani Foundation opposes the Akaka bill or federal recognition in any form since Hawai`i has never been a part of the U.S. to begin with, nor have Hawaiians ever relinquished their rights according to both international and U.S. public law 103-150, otherwise known as the Apology bill.We stand in solidarity with our brothers and sisters here today, as well as those across Hawai`i and the world who could not be here in person in opposing a ceded lands deal.We call for the return of our stolen lands and a Free Hawai`i.
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CEDED LANDS PROTEST JUST THE BEGINNING ON VOICES OF TRUTH – ONE-ON-ONE WITH HAWAI`I’S FUTURE

Posted by Free Hawai`i on December 28, 2008 at 10:00am
Mahalo to all who showed up throughout Hawai`i Friday to express their outrage regarding Governor Lingle’s plan to seize and sell off stolen Hawaiian Kingdom national lands.Like any battle, a fight is comprised of rounds, and there are more to go.Don’t miss Free Hawai`i TV this coming Wednesday to find out the three most important things you can do right now to help win the next round.What does Hawaiian activist Skippy Ioane say we should do with ceded lands? Catch our visit with him and find out this week here on Voices Of Truth – One-On-One With Hawai`i’s Future.MONDAY, December 29th At 6:30 PM – Maui – Akaku, Channel 53SATURDAY, January 3rd At 8:00 PM – O`ahu, `Olelo, Channel 53“Vanity & Insanity – A Visit With Skippy Ioane”You never know what’s going to happen around Hawai`i Island activist and Hui Pu founder Skippy Ioane. Thrown off the steps of `Iolani Palace during our interview when he attempts to claim it as sovereign territory, Skippy offers his own unique insights about the illegal overthrow and US occupation, and tells us the single most important thing we can do today with ceded lands. Watch It Here.MONDAY, December 29th At 7:00 PM & FRIDAY, January 2nd At 5:30 PM - Hawai`i Island – Na Leo, Channel 53THURSDAY, January 1st At 8:30 PM & FRIDAY, January 2nd At 8:30 AM – Kaua`i – Ho`ike, Channel 52“Enough For Tomorrow – A Visit With Foster Ampong”What do future economic realities say about Hawai`i? Will there be enough for everyone or will you be one of many left out? Hear what Foster says about creating a sustainable future in Hawai`i that includes everyone. Watch It Here.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.You can watch Voices Of Truth anytime on the web.And for news and issues that affect you, watch Free Hawai`i TV, a part of the Free Hawai`i Broadcasting Network.
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State Court Correct In Protecting Ceded Lands

Posted by Pomaikaiokalani on December 28, 2008 at 9:26am
December 28, 2008 Honolulu AdvertiserState Court Correct In Protecting Ceded LandsBy Jon M. Van Dyke and Melody Kapilialoha MacKenzieIn January 2008, our Hawai'i Supreme Court issued a unanimous decision, authored by Chief Justice Ronald Moon, holding that the state is prohibited from selling or transferring any of the 1.2 million acres of "ceded" lands until the unrelinquished claims of Native Hawaiians to those lands have been resolved through the political process.Gov. Linda Lingle's administration has criticized this decision and has sought review from the United States Supreme Court, but its criticism and those of others have missed a crucial element of the decision — the state's trust duty to administer the ceded lands for the benefit of both Native Hawaiians and the general public.The "ceded" lands are those lands that had been the Crown Lands and Government Lands during the Kingdom of Hawai'i and were later "ceded" by the Republic of Hawai'i to the United States as part of the 1898 annexation. These lands were never added to the public lands of the United States and have always been held in trust. In the 1959 Statehood Admission Act, the state accepted responsibility for administering the ceded lands for five trust purposes, including "the betterment of the conditions of Native Hawaiians." The Admission Act required the lands to be managed and disposed of "in such manner as the constitution and laws" of the state of Hawai'i may provide.In 1978, the people of Hawai'i amended the state Constitution to state clearly that these lands were to be held as a public trust for two trust beneficiaries — Native Hawaiians and the general public.Although much attention has been focused on the Hawai'i Supreme Court's interpretation of the 1993 Congressional Apology Resolution, it is really the court's reliance on Hawai'i trust law that led to its ultimate conclusion. In examining relevant law — including the Admission Act, the state Constitution, and earlier Hawai'i cases — our Supreme Court found that the state of Hawai'i has a fiduciary duty to Native Hawaiians in relation to the ceded lands. The court said that "the state, as trustee, must adhere to high fiduciary duties normally owed by a trustee to its beneficiaries." These duties include, the court explained, "the obligation that the trustee deal impartially when there is more than one beneficiary."The Hawai'i Supreme Court found that the facts recounted in the Apology Resolution and similar state legislation put the state, as trustee of the ceded lands, on notice that Native Hawaiians have unresolved claims to the ceded lands. The court concluded that although the Apology Resolution and similar state legislation do not require that ceded lands be turned over to the Native Hawaiian people, they do recognize that Native Hawaiians have unrelinquished claims to the lands. Thus, transfer of the ceded lands by the state to third parties would amount to a breach of trust by favoring the interests of one beneficiary — the general public — over the interests of the other beneficiary — Native Hawaiians.In this light, the Hawai'i Court's determination that "the Apology Resolution and related state legislation, give rise to the state's fiduciary duty to preserve the corpus of the public lands trust, specifically, the ceded lands, until such time as the unrelinquished claims of the Native Hawaiians have been resolved," makes absolute sense.In deciding whether an injunction was appropriate, the court stated: "Obviously, without an injunction, any ceded lands alienated from the public lands trust will be lost and will not be available for the future reconciliation efforts." Importantly, the court recognized that monetary compensation in lieu of the lands themselves would be inadequate given the inextricable link between Native Hawaiians and their land. The court thus called for a moratorium on the transfer of these lands "pending final resolution of Native Hawaiian claims through the political process." (Emphasis added.) Similar moratoria have been issued in Alaska while the claims of Alaska natives were being sorted out, in New Zealand while a process to resolve the Maori claims was being established, and in Arizona to protect lands claimed by the Pueblo Indians.Recently, the Lingle administration filed its brief in the U. S. Supreme Court which argues that Native Hawaiians have no legal claim to the ceded lands. This position is inconsistent with the Apology Resolution, similar state legislation, and the proposed Akaka Bill, all of which recognize that the overthrow of the Kingdom of Hawai'i was illegal and that the Native Hawaiian people have unresolved claims to the lands. The administration has also incorrectly asserted that the Hawai'i Supreme Court found that the state does not have good title to the ceded lands. In fact, the opinion expressly stayed away from that issue and explained that "the issue of Native Hawaiian title to the ceded lands will be addressed through the political process."Clearly, our Supreme Court looked at both the legal and equitable issues involved in this case and sought to strike a balance. Although it declined to rule on the ultimate claims of Native Hawaiians to the ceded lands, the court has protected the lands from dissipation until a political resolution can be achieved. As the court stated:"In this case, Congress, the Hawai'i state Legislature, the parties, and the trial court all recognize (1) the cultural importance of the land to Native Hawaiians, (2) that the ceded lands were illegally taken from the Native Hawaiian monarchy, (3) that future reconciliation between the state and the Native Hawaiian people is contemplated, and (4) once any ceded lands are alienated from the public land trust, they will be gone forever."The Hawai'i Supreme Court's decision is firmly based on Hawai'i's Constitution, statutes and case law, and our state's highest court correctly interpreted Hawai'i trust law to reach both a legally correct and morally just decision.Jon M. Van Dyke teaches constitutional law and international law at the University of Hawai'i-Manoa's William S. Richardson School of Law and is the author of "Who Owns the Crown Lands of Hawai'i?" Melody Kapilialoha MacKenzie is an assistant professor at the William S. Richardson School of Law, where she teaches Native Hawaiian Law courses and is the author of the "Native Hawaiian Rights Handbook." In their private capacities, Van Dyke and MacKenzie are part of the team of lawyers representing the Office of Hawaiian Affairs in the State v. OHA case now pending before the United States Supreme Court. They wrote this commentary for The Advertiser.KU I KA PONO Jan. 17, 2009 Waikiki, Queen Kapiolani Park
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Invitation to the Ha 'i' olelo Poni Ho'olaule'a KINGS COMMEMORATIVE BALL FOR THE FIRST HAWAIIAN PRESIDENT OF THE U.S.

Posted by Anela Kamakawiwo'ole on December 28, 2008 at 8:30am
Just a reminder for those on Big Island. The Kings Commemorative Inaugural Ball is being held at the Kamehameha Beach Hotel in Kailua Kona on January 20, 2009. Special room rates available for honored guests to the Ball. Tickets $100. You can get the tickets and information by logging onto this link: http://kingdomhawaii.com/index.php?module=Website&action=ProductDetails&content=5 or through me at: anelabo2@gmail.com. Cocktails 5-6 p.m. Elegant Luau Dinner 6-8 p.m. Inauguration 7-9 p.m. Entertainment, Music, Hula, Photographer on board for your special photos at the Ball, and Dancing from 9-11p.m. Commemorative Invitation to Obama given to all honored guests suitable for framing for first 300 ticket holders. This is for a non profit fundraiser, so NO tax added! Hurry, reserve your tickets as they are imited. Come join us for this all Hawaiian historical classic evening. Dress in you finest Holoku'u and be a part of this event. Aloha Nui, Anela (808) 322-0790 anelabo2@gmail.com
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HAWAI`I NATIONAL PATRIOTS SAY "NO!" TO SALE OF STOLEN LANDS

Posted by Free Hawai`i on December 27, 2008 at 12:00am
HAWAI`I NATIONAL PATRIOTS SAY "NO!" TO SALE OF STOLEN LANDSAbout 100 people from various Native Hawaiian groups rallied in front of the state Capitol yesterday to demonstrate their objection to Gov. Linda Lingle's position on ceded lands, those lands that belonged to the Hawaiian government and were taken over at the 1898 overthrow.
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AFTER PAO'O.....NOW TO MAHUKONA - protesting & requesting an overturn of the COUNTY PLANNING DEPT

Posted by HALE O KEAWE-A-HEULU aka: NAIHE on December 26, 2008 at 10:00pm
In my past blogs I've provided information of maps here in our North Kohala District so those who are not familiar with Mahukona you may reference it to my past blog posts regarding maps. Deadline to be in by 12/27/08 for the first information provided below so this letter was e-mailed and faxed to both the Hilo and Kona offices. The last two documents followed later as indicated on the documents.You won't find this information in the newspapers it's been a long fight community organizations here in Kohala have had on Mahukona. No matter how many times a name changes with the owner or project, it doesn't make the issue change and laws must be abided by so we all continue the fight.We are joining KAKO'O in the efforts they have already started with their attorneys on environmental issues.Here are some of the required documents which are required to file in our County of Hawaii:081227_Maikai_Kamakani_Mahukona_lttr[1].doc As provided by myself.081228_Maikai_Pet_Intervention_BOA_MHK.docx As provided by our V.P.081228_Maikai_affidavit_Mahukona.docx As provided by our V.P.Just keeping everyone up to speed on this...Aloha, Stephanie
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Gathering on Firday, Dec. 26 @ 8:30AM at the Ahu on the gournds of Iolani Palace.

Posted by Pono Kealoha on December 25, 2008 at 9:41pm
ALOHA Kakou, e Hawaii,zom5.gifKU'E SEIZED LANDS "NO SUCH THING AS CEDED " WITH OUT A TREATY!GET IT STAIGHT !IDEAS FOR SIGNSNO AKAKA BILL!SEIZED NOT CEDED!116 of ILLEGAL OCCUPATIONWHERE'S OUR FREEDOM?The Hawaiian Indpendence Alliance is calling for a Gathering on Firday, Dec. 26 @ 8:30AM at the Ahu on the gournds of Iolani Palace. HIA suuports the efforts of others to bar the State of Hawaii from selling seized (so called ceded) lands. However, the Alliance believes that the message of those opposing the sale of seized ladnds does not go far enough. HIA will gather to share a larger message in support of Hawaiian Independence and in opposition to federal recogniton.Wear Red Shirts in Solidarity!We're calling for a picket from 10 am - 4pm on Friday, Dec. 26, 2009 on Beretania St. Fronting Washington Place and the State Capitol to bring awareness to Lingle's im-moral claim that the state has the right to sell and/or transfer Hawaiian ceded lands.Please join us with your signs, family and friends...We'd like to get a few hundred people out to picket. We're hoping to draw media attention while Obama is here for his vacation..and urge him not to meet with her..Make your signs over the holiday..bring it down on Dec. 26th to Beretania St. fronting Washington Place and the side of her hale...Save it for the march and rally on Jan 17th, 2009 through Waikiki to Kapi'olani ParkProtect Hawaiian LandsStop Stealing our LandShame on LingleShame on AionaMahalo nui loa!Vicky Takamine
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