Hawaiian Independence Action Alliance

April 3, 2009

Hawaiians in da House, March 31, 2009

Filed under: Uncategorized

Members and friends of the Hawaiian Independence Action Alliance staged a show of protest on Monday, March 31 at 5:30 pm in response to the decision by the U.S. Supreme Court to affirm the state of Hawaii’s clear title to so-called ceded lands.  With our “SEIZED NOT CEDED” signs and Hawaiian Independence banners, the group gathered for a small ceremony at the Queen’s statue, then moved to Beretania St. to make our presence known.  We were there to protest the fake state and the U.S. fiction of an annexation that never occurred, as well as the presumption of the state and feds that lands had legally transferred from the Hawaiian Kingdom to the Republic of Hawaii and then to the United States, thus becoming lands ceded to the U.S.  The protest was to call attention to the seizure of Hawaiian lands and the continuous use of terms like “ceded lands” that confuse the issue.

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Legal Fiction in the Scotus Decision

Filed under: Uncategorized

This was posted by Keanu Sai on the Hawaiian Society for Law and Politics listserve today:

Here’s my mana`o on the so-called ceded lands case and the SCOTUS decision. When the case was initiated in 1994, Bill Meheula and Hayden Aluli represented four native Hawaiians, Pia Aluli, Jon Osorio, Charles Ka`ai`ai and Keoki Ki`ili, to block the transfer of title from the State of Hawai`i to C. Brewer, a developer of the Leali`i (Lahaina, Maui) and Kealakehe (Kona, Hawai`i) housing projects (Kealakehe was later transferred to the Hawaiian Homes called La`iopua). The argument was that the 1993 Apology resolution placed a cloud on title, until reconciliation and settlement took place between native Hawaiians and the State over the overthrow. OHA was not initially a part of the suit. In fact, OHA was a party with the State and the developers, where a percentage of the revenues from the sales would go to OHA as part of the 20% revenues derived from ceded lands. Bill approached the Trustees in September of 1994 and stated that the apology resolution changed the circumstances and that if OHA did not sue the State with Bill’s clients they would be sued for breach of trust. OHA joined in with the suit against the State and both filed suits in November. With OHA entering, the case became much more complicated. When the case was finally heard in 2002, it was because of OHA that the State won because of certain legal doctrines, one of which was the doctrine of estoppel. The circuit court stated that the suit cannot be maintained because OHA was estopped [precluded] from suing the State because of the agreement it previously had with the State and the reliance of the State on that agreement to develop and sell the property. The case was then appealed to the Hawai`i Supreme Court whereby the 1993 Apology resolution overrode the estoppel position of the circuit court decision. The Hawai`i Supreme Court reversed the trial court decision and issued an moratorium on the sale or transfer of Leali`i and other ceded lands. The case then went to the SCOTUS, which did two things: (1) it removed the cloud on the State’s title; and (2) affirmed that the Apology resolution was just an apology and nothing else. 

In order to remove the State’s cloud on title, the SCOTUS had to first create a “legal fiction,” which according to Black’s Law Dictionary, is an “assumption of fact made by court as basis for deciding a legal question. A situation contrived by the law to permit a court to dispose of a matter.” Another definition of legal fiction is “An assumption that something occurred or someone or something exists which, in fact, is not the case, but that is made in the law to enable a court to equitably resolve a matter before it.” And according to Encyclopedia Britannica, it is “a rule assuming as true something that is clearly false. A fiction is often used to get around the provisions of constitutions and legal codes that legislators are hesitant to change or to encumber with specific limitations.” So before the court could remove the cloud it had to get around the fact that there was no treaty of cession, even from the so-called republic of Hawai`i. To do this, the court stated, “After the overthrow of the Hawaiian monarchy in 1893, Congress annexed the Territory of Hawaii pursuant to the Newlands Resolution, under which Hawaii ceded to the United States the “absolute fee” and ownership of all public, government, and crown lands. In 1959, the Admission Act made Hawaii a State, granting it “all the public lands…held by the United States,” §5(b), and requiring these lands, “together with the proceeds from [their] sale…[to] be held by [the] State as a public trust,” §5(f).” The legal fiction lies in the fact that a congressional joint resolution is not a conveyance from a grantor to a grantee as with a treaty of cession, but rather a unilateral claim to land. The Court even reinforced the unilateral aspect of the Newlands Resolution when it stated “under which Hawaii ceded to the United States the absolute fee.” In other words, the Court created a legal fiction that contrived a deed of cession, which by its own statement, is a deed from the grantee to the grantee, when title could only be conveyed from a grantor. The reason why OHA did not challenge the State’s ownership of the so-called ceded lands and practically agreed with Bennett about the State’s claim to fee ownership in the oral hearing before the SCOTUS, is that it would throw a monkey wrench in the 20% revenues of ceded lands to OHA under the State of Hawai`i constitution, as well as the ongoing negotiation of settlement of past revenues owed to OHA since 1978, which was settled by agreement with the Lingle administration on January 19, 2008, but killed by the 2008 State Legislature. The settlement is still being negotiated. 

From the beginning of the case, it appears that the inclusion of OHA in the suit clearly complicated the initial complaint brought up by Pia Aluli, Jon Osorio, Charles Ka`ai`ai and Keoki Ki`ili, but the positive aspect of the case, however, is that it has opened a dialogue for people to begin to ask the right questions and become more eleu (aware)!!!!  And this is right up the alley for HSLP members to either appropriately respond to the these questions or point out where the answers can be retrieved. Like Thomas Pynchon stated in his book Gravity’s Rainbow, “If they can get you asking the wrong questions, they don’t have to worry about answers.”

Keanu Sai, Ph.D
P.O. Box 2194
Honolulu, HI 96805-2194
Website
http://www2.hawaii.edu/~anu/



March 22, 2009

Ending the Occupation: Hawaii and the Baltic States

Filed under: Uncategorized

Kuhio (Mossman) Vogeler (4th from left) presented data from his dissertation this evening at Palolo Media Center on how the Baltic States (Lithuania, Latvia, and Estonia) restored their independence and how/whether their strategies might have relevance to the situation in Hawaii today.

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[Excerpts from Baltic Independence from the Soviet Union by James Graham http://www.historyorb.com/russia/baltic_independence.shtml]

Under Joseph Stalin the USSR re-annexed the Baltic countries in 1940. The independence the Baltic states had enjoyed since the collapse of the Tsarist empire was over. The pretext for the invasion was the articles of the Molotov-Ribbentrop pact that acknowledged Nazi Germany’s and the USSR’s separate spheres of influence. Stalin promptly invaded Lithuania, Latvia and Estonia and deported or executed anyone who held nationalist beliefs. Without national elites the USSR gained complete control over the Baltic people and the articles formed the basis of the post Second World War Soviet state.

Lithuania and the other Baltic states Latvia and Estonia set an example of rebellion for the rest of the USSR to follow. In 1988 while the rest of the USSR was relatively calm the Baltic states were in open defiance of the Kremlin. On 24 August 1989 half the adult population of the Baltics formed a human chain stretching the entire length of the three republics to protest against the fiftieth anniversary of Soviet rule. The Soviet authorities such was their loss of touch with the average person viewed the anniversary as a celebration. In the parliamentary elections Sajudis swept the board. They were elected to the Supreme Soviet in Moscow allowing their voices to be heard nationwide through televised coverage. On 11 March 1990 by 124 votes to zero with six abstentions the Lithuanian parliament passed the Act of the Supreme Council on the Restoration of the Independent Lithuanian State. This shocked the Kremlin who replied in the only way they knew how. Tanks were sent in on the 22 March and five days later Soviet troops occupied strategic buildings. Estonia and Latvia were not far behind declaring independence on 30 March and 4 May respectively. Economic sanctions were applied but had no effect just like the military actions before them.

The Baltic republics blew a hole in the walls of the Soviet state. They had achieved the unthinkable by use of mere people power, along the way setting an example for the other republics to follow. National fronts were quickly established in most Soviet republics. Lithuania brought into the USSR by force had proved it could leave through mass protests and popular support for independence.



March 19, 2009

Press Release re Hawaii, the So-called 50th State

Filed under: Press Release

Contact: FOR IMMEDIATE RELEASE
Lynette Cruz
(808) 284-3460
palolo@hawaii.rr.com

50th STATE or HAWAIIAN STATE UNDER OCCUPATION?
Demonstration for the History the State Does Not Want Remembered

Honolulu, Hawaii – The Hawaiian Independence Action Alliance (HIAA) is calling a press conference at 11a.m, March 18, in front of the Queen Lili‘uokalani statue between ‘Iolani Palace and the State Capitol. HIAA, comprised of more than 10 different Hawaiian groups, will peacefully draw attention to the wrongs committed against the Hawaiian nation and the fraudulence of the history being celebrated at the capitol.

Statehood is memorialized as a civil rights victory, where Hawai‘i defeated a notion that it was unqualified for statehood because of its largely Asian population and rumors of communism. Lynette Cruz organizer of the demonstration argues, “the human rights violations committed against Hawaiians do not warrant celebration. Why should we commemorate theft?”

Hawai‘i was listed as a Non-Self-Governing-Territory by the United Nations in 1946, and the United States had a “sacred trust” obligation to promote self-determination. In 1953 the U.N. General Assembly passed Resolution 742, which stated that offering “independence,” “separate systems of self-government,” and “Free Association” were factors that would determine “whether a Territory is or is not a Territory whose people have not yet attained a full measure of self-government.” The federal ballot used in 1959 did not afford the people of Hawai‘i several possibilities besides statehood, and thus violated U.N. Resolution 742.

Furthermore, on January 17th 1948, the 55th anniversary of the overthrow, Alice Kamokila Campbell filed a lawsuit against the Hawaii Statehood Commission in Campbell v. Stainback et. al. Her lawsuit won an injunction against the legislature for using taxpayer money to advertise nationally for statehood, which the Hawai‘i Supreme Court ruled in 1949 “are to the exclusion and detriment of citizens and taxpayers …opposed to statehood for Hawaii.”

Indeed, in 1998, United Nations Special Rapporteur Miguel Martinez, after reviewing the process by which Hawai‘i was made a territory and state of the U.S., recommended that Hawai‘i be placed back on the United Nations list of Non-Self-Governing-Territories.

In 1988, the Justice Department issued a memo to the State Department stating that the annexation of Hawaii required a two-thirds vote, which never took place.

For more information visit www.hawaiianindependencealliance.org or call Lynette Cruz at (808) 284-3460.

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News article about “Statehood” protest

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http://timesofindia.indiatimes.com/World/Hawaii-celebrates-50-years-of-statehood/articleshow/4285086.cms

Hawaii celebrates 50 years of statehood

HONOLULU: The state that gave America its first black president was hailed as a model of tolerance and diversity on the 50th anniversary of President Dwight D. Eisenhower’s signing the bill that led to Hawaii becoming the 50th state.

The pen Eisenhower used was on display at the state Capitol as past and present state leaders sang Hawaiian music, held hands and reflected in speeches Wednesday on the meaning of joining the United States.

The Hawaii Admissions Act was signed March 18, 1959, clearing the way for a vote of Hawaii residents in June and the islands’ acceptance into the nation Aug. 21.

Statehood was the culmination of a long series of events: the 1893 overthrow of the Hawaiian Kingdom, the islands’ years as a remote US territory and its importance in the Pacific following the attack on Pearl Harbor during World War II.

As the 111th Army Band played patriotic songs for the ceremonies, about two dozen Native Hawaiians chanted and marched in protest of statehood near the statue of Hawaii’s last monarch, Queen Liliuokalani, wearing shirts that spelled out “A history of theft” and “Fake state.”

Speeches commemorating the 50th anniversary emphasized the islands’ ethnic diversity and its right to have a voice in the United States through its overwhelming 93 percent vote for statehood.

The Nisei soldiers, those who were born of Japanese parents but fought for the United States in World War II, showed Hawaii’s commitment to the nation before it even became a state, said Gov. Linda Lingle.

“These soldiers showed that being loyal to the American cause was in no way defined by ethnicity. It was determined instead by a belief in the principles of freedom and democracy,” Lingle said. “Hawaii provided a model of tolerance ahead of its time.”

Hundreds of the state’s former governors, legislators, congressmen, judges, entertainers and their families packed the Capitol for the event. During the song “This is aloha,” singer Danny Couch persuaded them and the audience to hold hands and sway to the music.

The Native Hawaiians outside weren’t so cheerful. Longtime protester Richard Pomai Kinney carried his Hawaii state flag upside-down as a sign of distress.

“Statehood is a fraud,” said Kinney, who was 19 years old at the time. “My parents said Hawaii would become a place only for the wealthy. Look at it today. There’s nothing to celebrate.”

Others with the Hawaiian Independence Action Alliance said they feared the islands’ native people will lose what’s left of their sovereignty if the US Congress passes a pending measure that would give them a degree of self-government similar to mainland Native Americans.

They insist that Hawaii is still an independent nation because the Hawaiian Kingdom never agreed to be annexed.

“There was no treaty of annexation. Show me the treaty,” said group organizer Lynette Cruz. “There’s been an incorrect interpretation of history all these years.”

But House Speaker Calvin Say told the audience in his speech that Hawaii embraced core American ideals of overcoming adversity and accepting different cultures, as shown by the state’s election of the nation’s first Chinese-American, Japanese-American and Native Hawaiian senators, as well as being the birthplace of President Barack Obama, the first black president.

“History shows time and again that even if you were born in the poorest part of town, you can achieve,” Say said.



Hawaiian Independence Action Alliance in Action!

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Nice photo in today’s online Star Bulletin:

http://www.starbulletin.com/news/hawaiinews/20090313_Front_Page_photo_gallery.html?page=1&c=y

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March 18, 2009

Protesting the Illegal State of Hawaii

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Hawaiian Independence Action Alliance members gathered at several places today to honor our ancestors at the ahu, Queen Liliuokalani, and King Kamehameha during a time set aside by the illegal state of Hawaii to commemorate its 50 year anniversary of misinformation, disinformation,  illegality, and theft.  It was a good day!

Beginning at the ahu at Iolani Palace grounds, participants wearing black shirts with large bright green letters lined themselves up to spell words that challenged the state’s celebration of itself:  FAKE STATE, A HISTORY OF THEFT/A HISTORY OF THE U.S.   Large red and black banners spelling out HAWAIIAN and INDEPENDENCE, as well as Hawaiian flags, Ka Hae Hawaii, and Ka Hae Kalaunu, rounded out the display and provided a colorful alternative to the drab white of the military band and the mostly colorless good Americans who attended the state’s event at the capitol. 

Security challenges were minimal.  Energy was high.  The state’s agenda for the day changed a couple of times.  The rotunda gathering ended up in the House Chambers, so our messages lined up on either side of the entrance and across the way.  While those who entered the chambers where former governors were being recognized waited for the sound of jets overhead, what they actually heard was the pu, loud and clear.  And following that, HIAA members chanting “I Ku Mau Mau”.  Photographers were everywhere.

Photo opportunities took place at the Queen’s statue, where Kekuni Blaisdell offered hookupu to the Queen on our behalf; in front of the military band on Beretania St., on the street itself, fronting Washington Place; inside the rotunda of the state capitol; in front of Iolani Palace; on King St., where the A HISTORY OF THEFT blocked traffic until an ambulance came down the road; and in front of the Kamehameha statue.

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Here’s a great photo from Jon S. of jets flying overhead with our Hawaiian Independence banners in the foreground. 

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March 17, 2009

San Francisco Happenings

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HIAA member, Kelea Levy-Sandfort from San Francisco, shared a site with descriptions from a recent action to protest the sale of “ceded lands”  and provided us with a couple of photos.   Note the partially blocked ”ceded=stolen” sign.

Organizers of the San Francisco events yesterday (Feb. 25, 2009, same day as our “Seized not Ceded” sign holding at the state capitol) are now planning to organize workshops throughout the Bay Area to help people understand the historical, legal, and political issues surrounding Hawaiian public lands and to facilitate inquiry and discussion about these important issues.

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March 15, 2009

The sign says it all

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Members of the Hawaiian Independence Action Alliance posed with their message to the state of Hawaii re the state’s upcoming ‘celebration of statehood’, more recently becoming a ‘commemoration of statehood’.  Maybe next year it will be a commemoration of what was once considered a state of the United States.  That’ll work!

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March 10, 2009

Ka Lei Maile Alii - The Queen’s Women

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Ka Lei Maile Alii Hawaiian Civic Club, a founding member group of the Hawaiian Independence Action Alliance, performed the re-enactment titled Ka Lei Maile Alii - The Queen’s Women as part of the Native Hawaiian Health Festival & Hoikeike at Bishop Museum on Sunday, March 8.  Dr. Keanu Sai provided context for both performances, at 10 am and 1 pm.  Both performances were well-attended.

The re-enactment is based on a newspaper article titled “Strangling Hands Upon a Nation’s Throat”, authored by newspaper reporter Miriam Michelson.  Ms. Michelson was present at a meeting of the Hui Aloha Aina o na Wahine, the Women’s Branch of the Hawaiian Patriotic League, which took place at the Salvation Army Hall in Hilo in September 1897.  The meeting itself was conducted in Hawaiian language.  Ms. Michelson had a translator and took note of everything that was said.  On her way home to San Francisco, while on the passenger ship AUstralia, she wrote this article about how the people of Hilo and surrounding areas responded to a plea by Mrs. Emma Aima Nawahi and Mrs. Kuaihelani Campbell, officers in the Hui Aloha Aina o na Wahine, to sign petitions in resistance to the planned annexation of Hawaii to the United States.

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Keanu Sai’s presentation helped the audience understand how actions of the men’s and women’s branches of the Hui Aloha Aina helped to defeat the treaty of annexation submitted to the U.S. by the Republic of Hawaii.  Thus no treaty exists to this day, except in the hand of the statue of William McKinley, fronting McKinley High School in downtown Honolulu.

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Next scheduled performance is March 16, 2009 @ 6 pm at McCoy Pavilion in Ala Moana Park.  The Monday evening performance is part of several activities planned for Women’s History Month, and honors Queen Liliuokalani and the women who supported her in resisting U.S. invasion of the Hawaiian Kingdom.



March 9, 2009

Candlelight Vigil in Support of Civil Unions

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Some 2000 supporters rallied at the state capitol in support of the Civil Unions bill, now at the legislature, with a candlelight vigil on March 7, 2009.  Organizer Ka`iwi Lum, who also happens to be a member of the Hawaiian Independence Action Alliance, pulled together at fairly short notice numerous individuals, groups, and legislators during a rainy evening to show solidarity and demand equal justice for all members of society.

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Other HIAA members were also present, including Pono Kealoha, Donna Burns, Richard Kinney, and Piilani Kaopuiki.  Long-time activist, Marion Kelly, was surrounded by signs calling attention to the state’s discriminatory practices re same sex marriage.

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A number of participants honored Queen Liliuokalani by placing flowers and candles at the foot of the statue after the event. 

civil_union_vigil3709-128 Poka Laenui and Pua Burgess admire the Queen

The underlying message?  Justice for all.  We are not free until we are all free.  Kehau Watson says it all below:

http://www.youtube.com/watch?v=XPXTnHz1AnA



March 5, 2009

Hawaii and the Law of Occupation

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Join us in-studio at Palolo Olelo Media Center for a presentation by Keanu Sai, PhD, on “Hawaii and the Law of Occupation” on Wednesday, March 11, 6 pm.  Seats are limited, so come early.  Parking on Kalua St. next to Jarrett Middle School.  For more information, call 284-3460 or email lcruz@hawaiianindependencealliance.org.



March 1, 2009

The Myth of Ceded Lands and the State of Hawaii’s Claim to Perfect Title

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The following document was distributed at the recent Hawaiian Society of Law and Politics symposium on Feb. 28, 2009 at East West Center.  Titled “Ka Nalu:  Towards  Hawaiian National Consciousness”, the symposium was a tribute to Dr. Kanalu Young and to recent graduates of HSLP.  Featured speakers:  Dr. Kamana Beamer, Dr. Sydney Iaukea, Dr. Keanu Sai

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L to R: Beamer, Osorio, Vogeler, Iaukea, Correa, Sai, Gonschur, Schweizer

Members of HSLP with their advisor, Dr. Niklaus Schweizer.

The Myth of Ceded Lands and the State of Hawai`i’s Claim to Perfect Title
by Keanu Sai, PhD

In the recent Ceded lands hearing at the Supreme Court in Washington, D.C., on February 25, 2009, Attorney General Mark Bennett repeatedly asserted in the hearings that the State of Hawai`i has perfect title to over one million acres of land that were transferred to the United States government upon annexation in 1898 and then transferred to the State of Hawai`i in 1959. This is an incorrect statement. This falsehood, however, is not based on arguments for or against the highly charged Hawaiian sovereignty movement; rather, it is a simple question to answer since ownership of land is not a matter of rhetoric but dependent on a sequence of deeds in a chain of title between the party granting title and the party receiving title. In fact, the term “perfect title” in real estate terms means “a title that is free of liens and legal questions as to ownership of the property. A requirement for the sale of real estate.”

What determines a perfect title is a chain of title that doesn’t have a missing link. Here in Hawai`i all titles originate from the Hawaiian Kingdom government whether by Royal Patents or Land Commission Awards and all subsequent conveyances between individuals are registered at the Bureau of Conveyances located at the corner of Punchbowl and Beretania Streets on the ground floor of the Kalanimoku Building. An example of a chain of title would be the Hawaiian Kingdom government to Joe Smith, Joe Smith to Alex White, Alex White to Alapa`i, Alapa`i to Yao Wong, Yao Wong to Jonathan Judd. If there is no record of the deed between Alapa`i and Yao Wong there is a break in the chain of title and therefore Jonathan Judd cannot claim to have a perfect title, which is a “requirement for the sale of real estate.”

For so-called Ceded Lands, being the Hawaiian Kingdom government and Crown lands, the chain of title is supposedly from the Hawaiian Kingdom government and Queen Lili`uokalani to the Provisional government, the Provisional government to the Republic of Hawai`i, the Republic of Hawai`i to the United States, the United States to the State of Hawai`i. In this chain, however, there are two missing links and not just one. On January 17, 1893, the Provisional government seized control of the Government and Crown lands without conveyance, but through revolt, and after investigating the revolt, President Cleveland reported to the Congress on December 18, 1893 that the Provisional government was neither de facto (a successful revolution), nor de jure (the lawful government), but self-proclaimed (committing the crime of high treason). On November 13, 1893, U.S. Ambassador Albert Willis began to negotiate with the Queen, on behalf of President Cleveland, to grant amnesty for these criminals and an agreement to restore the Hawaiian Kingdom government was concluded with the condition that the Queen grant amnesty after the government was restored.

The other missing link is that there is no record of conveyance from the so-called Republic of Hawai`i to the United States when the Hawaiian Islands were supposedly annexed in 1898. According to the Merriam-Webster Dictionary, the term cede is “to yield or give up by treaty.” In order for countries to cede territory to the United States it must be made by treaty, e.g. Louisiana Purchase from France in 1803, or the Alaska Purchase from Russia in 1867. For Hawai`i, there are two failed treaties of cession, the first in 1893 and the other in 1897, but the first was permanently withdrawn from the Senate by Cleveland in March of 1893, and the second was not able to be ratified by the Senate because of protests by the Queen and Hawaiian subjects. Instead, the United States enacted a Congressional joint resolution proclaiming that the Hawaiian Islands had been annexed. The joint resolution of annexation is not a treaty or conveyance from the so-called Republic of Hawai`i. It is a unilateral declaration that was used to seize and occupy the Hawaiian Islands during the Spanish-American War. The United States today could no more annex Iraq by a joint resolution than it could annex the Hawaiian Islands by joint resolution in 1898. Congressional laws have no effect beyond the borders of the United States.

If there is no record of a deed from the Hawaiian Kingdom government and the Queen to the Provisional government transferring Government and Crown lands, there is a break in the chain of title and therefore the State of Hawai`i cannot claim to have a perfect title, which is a “requirement for the sale of real estate.” As far as the term “Ceded lands,” there is no such thing because the Government and Crown lands were never “yielded or given up by treaty” to the United States in the first place. Confusing cession for occupation is tantamount to confusing adoption for kidnapping. This is not a case of semantics, but ignorance of the legal and political history of Hawai`i.



What really happened at the U.S. Supreme Court

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WHAT REALLY HAPPENED AT THE U.S. SUPREME COURT

By Leon Siu
February 27, 2009

Washington, D.C., USA

Reading the newspaper accounts of the State of Hawaii v. the Office of Hawaiian Affairs oral arguments at the Supreme Court I asked myself, were they in the same courtroom that I was? Hawaii papers put a phony, positive spin on what actually went down. The stories were written with the kind of provincial slant… home-town-team, win-or-lose, they’re-our-boys and we’re-darn proud-of- ‘em and we-love- ‘em.

Well, we do love ‘em, but those of us who were there saw a very different picture than the hometown news reported. The fact is, the state and OHA choked.

Hawaii’s little league ball teams do much better in rallying and coming through in the clutch in their world-series encounters. But the State and OHA got dirty lickins playing in this big league, world-series-level of court. They performed like a bunch of amateur scam artists, but in nice suits.

In essence, the Supreme Court justices appeared not just skeptical, they seemed to be downright annoyed at the state’s convoluted arguments and manipulative efforts to have the federal court undo the results of 14 years of dragging through the state courts.

The justices took their line of questioning way outside the expectations and comfort zone of both the state and OHA. Neither party was prepared to (or wanted to) address the issue of title except to reinforce the state’s claim to so-called “perfect title” as “a given.” So they did some fancy footwork to try to dodge the title issue; which did not amuse or make any points with the court. Neither was the court pleased when the state and OHA tried to steer the justices back to the actual narrow question on deck about state’s rights.

The state’s whole case is built upon the premise that the State of Hawaii has “indisputable perfect title” to the “ceded lands.” Well guess what? If their title was “indisputable” and “perfect” why are they in court? And why have they been in court over this issue for 14 years? Because there is a dispute! There is a question of title!

The injunction leveled against the State of Hawaii by the State Supreme Court in January 2008 caused the State to run crying to the U.S. Supreme Court saying, “No fair, no fair! The Apology Law would force us to give Hawaiians back the lands stolen from them over 100 years ago! It’s ours fair and square because the U.S. gave it to us! The Apology means nothing. We have “perfect title!”

[Ironically, this is the very Apology Law that the state embraces in their support the Akaka Bill. But that’s another story.]

The Apology Law undermines the state’s “perfect title” claim. The State Court ordered the injunction because the Apology Law clearly shows that there is a dispute — a big one! The Apology Law flatly says that the seizure of Hawaii was illegal and that the native Hawaiians never gave up their claims (title) to the lands of Hawaii.

These two glaring admissions of fact, framed within this federal Apology Law (USPL 103-150) don’t merely suggest a problem of land title; they cast serious doubt on the very legitimacy of the State of Hawaii. How can something that results from an illegal act now be considered legal, or in this case, perfect?

The illegality of the initial act (the seizure of the lands of Hawaii) means that anything else based on that illegal act is likewise, illegal; and that means the State of Hawaii and its construct, OHA are illegal entities. That means the only valid, lawful claimant to the lands and jurisdiction of the Hawaiian Islands is, after all these years, the still-existing Hawaiian Kingdom.

That is why the state claimed right off the bat that it had “indisputable” “perfect title.” The state was desperately trying to keep the court from inquiring about any other option regarding title by eliminating that, first off, as a point of contention. But the court’s refusal to wear such blinders was unnerving to the state. You could almost hear the state attorney general saying to the court, “focus! focus!

But just because the state took a beating, doesn’t mean OHA fared much better.

Probably the most egregious action that day was by OHA when it chose to agree with the state’s “perfect title” position and by doing so, failing to present the Native Hawaiians’ un-relinquished claims as a challenge to the state. They virtually abandoned the Native Hawaiian land claim implicit in the Apology Law! By doing so, they virtually abandoned the Native Hawaiians; the clients they purport to represent!

At best it was a stupid legal maneuver; at worst it was a shameful betrayal.

OHA never challenged the state’s “perfect title” claim and argued instead that according to state laws, the state had a “fiduciary duty,” sort of a moral obligation, to take care of the Native Hawaiians.

That led Justice Ginsburg to ask, “The Native Hawaiians — they do get 20 percent of the proceeds, correct?” And the OHA attorney to answer, “That’s correct…as a matter of State law they get 20 percent of the revenue from the ceded-lands trust…” (we all looked incredulously at each other…since when?) Then he clarified, “…though the amount of that revenue has itself been the subject of protracted and unresolved litigation.”  Oh, so we get 20%, but not yet! The check’s in the mail… Yeah, right.

Later, Justice Kennedy stated to the OHA attorney: “Your whole case rests on a cloud on the title in favor of your clients. But you — you ignore the cloud on the title that has been entered against the State.”

So, OHA’s strategy is: don’t press for the Native Hawaiian’s outstanding claim on the land, but instead, shift to begging for handouts from the state because, according to “state law,” the state has a “fiduciary duty” to take care of Native Hawaiians. OHA in essence was making a pitch (in the Supreme Court of the United States!) for a welfare claim, not a land claim!

In my opinion, both the state and OHA were way out of their league in this court. But you can’t blame them. They had a flimsy case to begin with; one in which they are trying to defend a situation that resulted from a long series of illegal actions. It’s very hard to defend a string of lies.

Two good things came from this: 1) the state and OHA have proven they have nothing to stand on, and 2) there is now a gaping doorway for the Hawaiian Kingdom to walk through, assert itself and claim its rightful title the lands of Hawaii.

Imua! Let’s go get ‘um!

Malama pono,
Leon



February 27, 2009

Seized Not Ceded Demo at State Capitol

Filed under: Uncategorized

kstatue21

HIAA members paid honor to King Kamehameha on the morning of Feb. 25 by offering hookupu at his statue and flanking the statue with the red and black Hawaiian Independence banners.  They then proceeded to the palace grounds and the capitol building where they joined hundreds of others who had gathered to express concern re Gov. Lingle’s appeal to the U.S. Supreme Court to overturn the Hawaii State Supreme Court’s decision to halt sales/transfers of what are called ‘ceded’ lands until Hawaiian claims have been settled.

No decision was made at the hearing, however a report from Leon Siu, who attended the hearing, provides some insight on what happened there.

[ watch the video ]

HIAA’s message was to call attention to Hawaii’s history and the story behind the fiction of ‘ceded lands’, those lands seized by the U.S. government following the so-called annexation of Hawaii by the U.S. in 1898.   HIAA members and friends  carried signs with the words “SEIZED NOT CEDED” and “NO TO AKAKA BILL” on Beretania St. in front of the capitol while others demonstrated in the rotunda.  Eventually sign holders made their way to the second floor of the building for photos (and a warning from Capitol security).  The point, as Leon Siu articulates in the video above, is to challenge a fictionalized history of Hawaiian lands becoming, somehow, U.S. government lands through some kind of cession that legally transferred title.

demostatecap22509052



Leon Siu’s article, “Perfect Title/Perfect Crime”

Filed under: Uncategorized

“CEDED LANDS” - PERFECT TITLE/PERFECT CRIME

If the State of Hawaii has perfect title, then the “ceded lands” is the perfect crime.

At the outset of the oral arguments at the U.S. Supreme Court in the “ceded lands” case, the state declared that it had “perfect title” over those lands and that this is an “indisputable” fact.

Then the state proceeded to say that the lands in this dispute were from the illegal overthrow of the Hawaiian Kingdom! Apparently the illegality of the overthrow is also indisputable because it was parroted by the other two presenters and the justices. Hello!?? Isn’t illegally gotten property called stolen property not perfect title?

So the lands were stolen, but somehow the title is perfect? Oh, I get it! (wink, wink) Yes, we all agree the lands were stolen, but its OK because the thief made a detailed (but non-binding) “to whom it may concern” apology, and the thief is a nice guy (not to mention dangerously powerful). So now if we all recite the mantra, perfect title, perfect title, perfect title, all will be…well…perfect! No pesky claimants, no encumbrances, no injunction, no need to answer to anyone. Best of all, no rule of law.

In essence, the state is saying to the court, “We have a perfect right to ignore the 116-year-long annoyance of ‘Hawaiian children lamenting for their homes.’ After all, our title is perfect! …perfect title, perfect title, perfect title…

Leon Siu
Minister of Foreign Affairs
Ke Aupuni O Hawaii
The Hawaiian Kingdom

Submitted To Star Bulletin, Honolulu Advertiser & Maui News



February 24, 2009

Press Release re Seized Lands

Filed under: Press Release

SEIZED NOT “CEDED”

Queen’s Protest Shows Title over Land Requires International Court

Honolulu, Hawaii – The Hawaiian Independence Action Alliance (HIAA) is holding a press conference at noon, Feb. 25, in front of the State Capitol on Beretania St. to point out the US Supreme Court has no legal standing in the so-called “ceded” lands matter.

HIAA, comprised of more than 10 different Hawaiian groups, is calling attention to the fact that the so-called “ceded” lands issue is based on a false understanding of history, and thus the issue of ownership can only be resolved in an international court of law.

Formal protests written by Queen Lili`uokalani at Washington D.C. in 1897 and 1898 address the present U.S. claims to what are, in reality, crown lands, currently and incorrectly called “ceded lands.”

The Queen stated,” I call upon the President and the National Legislature and the People of the United States to do justice in this matter and to restore to me this property, the enjoyment of which is being withheld from me by your Government under what must be a misapprehension of my right and title.”

She further remarked, “I…hereby call upon the President of that nation to whom alone I yielded my property and my authority to withdraw said treaty (ceding said Islands) from further consideration.”

History shows that no such treaty was ever enacted, thus the issue of lands ‘ceded’, or given over to the United States in 1898 via treaty between two countries recognized under international law, never took place.

Yet Governor Lingle and Attorney General Bennett are seeking a US Supreme Court ruling to settle who owns title to the “ceded” lands.

Both the U.S. and the United Nations acknowledge the illegality of Hawai`i’s taking.  In 1993, President Clinton signed the Apology Resolution, a U.S. Public Law, where the U.S. apologized and acknowledged Hawaiians never relinquished sovereignty over Hawai`i.

In 1988, the U.S. Justice Department issued a memo stating the annexation of Hawai`i` required a two-thirds vote, which never took place.



February 22, 2009

Paul Harvey - The Rest of the Story

Filed under: Uncategorized

Mahalo to one of our members for sending this link.  This is from Charlie Maxwell’s site.  He aired an audio recording of this talk on Jan. 17, 1993 at Iolani Palace during the program. 

PAUL HARVEY - THE REST OF THE STORY
http://www.moolelo.com/paulharvey.html

“Down in the shadowy realms where U.S. foreign
policy shakes hands with the devil…
the overthrow of a friendly monarch”



February 20, 2009

New Videos now online

Filed under: Uncategorized

Recently posted to the web are two talks by Keanu Sai, one titled, ”What Are Ceded Lands?” and the other, ”Title Insurance and Land Ownership in Hawaii”.   You can view them here:

“What Are Ceded Lands?”
http://video.google.com/videoplay?docid=8259955335214929894&hl=en

“Title Insurance and Land Ownership in Hawaii”
http://www.archive.org/details/titleInsuranceAndLandOwnershipInHawaii_698 

We’ll be posting links to other videos as they come up online.



February 2, 2009

We’ve met!

Filed under: Uncategorized

It was good to put a face to some of the names on MaoliWorld’s Hawaiian Independence Alliance, and good to have them join us at our first HIAA (new name!) meeting this past Saturday afternoon in Honolulu.   I was lucky enough to snag a couple of photos from some of those still in attendance, while the others ran off.   

hiaa-closeup4

Hawaiian Independence Alliance changed its name to Hawaiian Independence Action Alliance (HIAA) at this meeting, as one of its primary goals is to take action that is public, makes a statement about an issue, is fun to participate in, and is cost effective (meaning free or almost free).

More and more folks are signing on as both group and individual members.  If you’d like to join us, send email to

lcruz@hawaiianindependencealliance.org



January 30, 2009

Canopies returned!

Filed under: Uncategorized

This just in from Kahumoku Flores re confiscated tents by DLNR law enforcement officers on Sovereign Sunday, Jan. 18, at Iolani Palace grounds:  canopies have been recovered (mahalo to Kaanohi Kaleikini) as of today, Jan. 30, 2009.



January 23, 2009

January 18 at Iolani Palace grounds

Filed under: Uncategorized, Videos

Sovereign Sunday commemoration of the overthrow of the Hawaiian Monarchy

A small group of Hawaiian independence supporters gathered at Iolani Palace to honor Queen Liliuokalani and to commemorate the illegal overthrow of the Hawaiian Monarchy in 1893.  The group engaged in several activities, including ceremony at the ahu (stone altar) and at Pohukaina (burial mound), and cleaning the interior of the burial mound.  State law enforcement officers confiscated three canopies that had been erected to provide shade and cover for food that had been laid out on tables.  However, the group remained for lunch, after the action took place, and proceeded with the day’s program. 

Dean Saranillio, keynote speaker for the event, spoke on the history of statehood (Hawaii the 50th state) and the racism that colored the dialogue in Hawaii in the early 1950s.

http://www.youtube.com/watch?v=t-O-ZZpuhIM

 

http://www.youtube.com/watch?v=ixlrKbcnyRY 



Jan. 17 march and rally in Waikiki

Filed under: Images
Red and black banners announced the Hawaiian Independence Alliance during the march in Waikiki.  A number of photos can be seen by clicking the link below:

[ more photos ]



January 14, 2009

OHA Press Conference on Moratorium 1.12.08

Filed under: Uncategorized

Hawaiian Independence Alliance press advisory

HAWAIIAN INDEPENDENCE ALLIANCE
45-659 Lohiehu St. Kaneohe HI 96744
Phone (808) 284-3460 Email: lcruz@hawaiianindependencealliance.org

PRESS ADVISORY RE MORATORIUM

The Hawaiian Independence Alliance is a consortium of ten different organizations who support Hawaiian independence and oppose federal recognition.  The group coalesced around the issue of the Supreme Court’s hearing re the State’s ability to sell or transfer what are called “ceded lands”.

The Alliance supports the Office of Hawaiian Affairs calling for a moratorium on the sale and/or transfer of these lands.



January 5, 2009

video

Filed under: Videos

Dean Saranillio speaks on behalf of the Hawaiian Independence Alliance and provides history of the US invasion of Hawaii and the events leading up to the Akaka Bill

http://www.youtube.com/watch?v=DBr9MM-mmZI

Eiko Kosasa provides an ally’s perspective on the Akaka Bill and de-occupation

http://www.youtube.com/watch?v=OC7SVuRt-JY

Kekuni Blaisdell discusses the Akaka Bill and the hoped-for enlightenment of President-elect Obama, who presently supports federal recognition

http://www.youtube.com/watch?v=CwdlfqfhJAM

Pilipo Souza comments on President-elect Obama’s indoctrination to and support of an untruth (Akaka Bill)
http://www.youtube.com/watch?v=ytjn1VQyLns



December 31, 2008

Pictures from December 31 Protest

Filed under: Images

hia-demo-kailua-kmbase123108-01  Kekuni Blaisdell is interviewed for public access tv regarding sign-holding demonstration in Kailua, near President-elect Barack Obama’s rented vacation home in Hawaii.

hia-demo-kailua-kmbase123108-02  Sign holders, members of Hawaiian Independence Alliance, demonstrate in opposition to federal recognition (known as the Akaka Bill) in Kailua.

hia-demo-kailua-kmbase123108-03  Sign holders block the road into and out of the back gate of the Marine Corps Base in Kailua calling attention to lands taken from the Hawaiian Kingdom at the time of the so-called annexation (1898) of Hawaii. For more information see www.hawaiiankingdom.org and www.hawaii-nation.org.

photos: Lynette Cruz



December 30, 2008

Native Hawaiians Protest “Native Son” Obama’s Support Of Akaka Bill

Filed under: Press Release

FOR IMMEDIATE RELEASE
December 30, 2008

NATIVE HAWAIIANS PROTEST “NATIVE SON” OBAMA’S SUPPORT OF AKAKA BILL
Hawaiian Independence, Not Federal Recognition Focus of Demonstration

Kailua, Hawaii – Native Hawaiians and their supporters will gather tomorrow morning (December 31st) at 10am outside Barack Obama’s vacation home to protest his endorsement of the Native Hawaiian Government Reorganization Act, commonly known as the Akaka Bill.

The protest will occur on Kailuana Place, at the security checkpoint just before Obama’s house in Kailua.

Soon in control of both the Administration and Congress, Democrats are seeking to pass the Akaka bill, federal recognition for Native Hawaiians, which many Hawaiians and others oppose.

“We are not Native Americans and we will never give up our Nation or our rights,” proclaimed Lynette Cruz, event co-coordinator. “What part of stolen don’t they understand?”

The Akaka Bill would legally legitimize the 1893 overthrow of the Hawaiian Kingdom, complete the theft of the Hawaiian Nation, and wipe out Hawaii National sovereignty, which even the Akaka Bill itself admits has never been relinquished.

Moreover both the United States and the United Nations acknowledge the illegality of Hawaii’s incorporation into the US.

In 1993, President Bill Clinton signed the Apology Resolution, US Public Law 103-150, in which the United States apologized and acknowledged their “active participation” in the overthrow of the Hawaiian Kingdom.

In 1988, the Justice Department issued a memo to the State Department admitting the annexation of Hawaii required a two-thirds vote, which never took place.

In 1998, United Nations Special Rapporteur Miguel Martinez recommended that Hawaii be placed back on the United Nations list of non-self-governing-territories.

For more information visit www.hawaiianindependence.org or call Lynette Cruz at (808) 284-3460 or Dean Saranillio at (808) 250-5016.



December 26, 2008

Pictures from December 26 Protest

Filed under: Images

20081226-press-release-picture-1  Richard Kinney holds the Hawaiian national flag upside down, signaling the Hawaiian nation in distress

20081226-press-release-picture-2  Dean Saranillio leads a group of protestors holding signs that say “SEIZED NOT CEDED” in response to the state of Hawaii’s desire to sell lands that were supposedly ceded to the U.S. at the time of the so-called annexation of Hawaii in 1898.  Those lands were held by the U.S. until 1959, at the time that Hawaii was admitted into the union of the United States as the 50th state.  The use of the term “seized” is to remind the state of Hawaii and the United States that there was no legal annexation, rather a law internal to the U.S. was used to take Hawaii, to “seize” lands and people without their consent.  Thus, today, the issue is NOT the sale of “ceded” lands, as no cession ever took place, but the continued seizure of lands still under the jurisdiction of the Hawaiian Kingdom.  For more info, see www.hawaiiankingdom.org.   

20081226-press-release-picture-3  Richard Kinney’s flag frames sign holders protesting across from Washington Place, the home of Hawaii’s last reigning monarch, on Beretania St.

20081226-press-release-picture-4  Protestors gather in front of Kamehameha Statue on the grounds of the Judiciary Building on King St. to signal to passersby their displeasure with the U.S. government and the state of Hawaii’s attempts (via numerous versions of the Akaka Bill) to classify Hawaiians as “indigenous native people of the United States” and thus eligible for federal recognition.  What’s the message?  “NO TO AKAKA BILL”.

20081226-press-release-picture-5  In front of Iolani Palace protestors, flanked by red and black banners with the words HAWAIIAN INDEPENDENCE fluttering from tall poles, flash their “SEIZED NOT CEDED” signs, another reminder of an illegal overthrow in 1893 and the theft of a nation in 1898.  Demonstrators call for maluhia me ka pono, peace with justice, remembering Queen Liliuokalani’s stance on peaceful negotiation to resolve the wrongs done to her and to the nation. 

photos: David Ma



Koani Foundation Statement

Filed under: Statements

The Koani Foundation is a Kauai-based Kanaka Hawaii Maoli rights organization dedicated to carrying forth our Queen’s mission - the restoration of a free Hawaii… [ continued (pdf) ]



December 24, 2008

Native Hawaiians Protest Obama

Filed under: Press Release

FOR IMMEDIATE RELEASE
December 24, 2008
Press Conference: December 26, 10:30am @ Hawaii State Capitol
Contact: Lynette Cruz, (808) 218-5357

HAWAIIANS PROTEST OBAMA AND GOVERNOR LINGLE TO NOT SELL NATIVE LANDS AND PASS AKAKA BILL FOR STATE BAILOUT

Organized to coincide with U.S. President elect Barack Obama’s visit to the Hawaiian Islands the Hawaiian Independence Alliance, a group comprised of over nine different Hawaiian groups, will gather Friday, Dec. 26th, in front of the State Capitol to protest:

(1) Republican Governor Linda Lingle’s appeal to the U.S. Supreme Court to reverse a Hawaii Supreme Court ruling that barred the State of Hawaii from selling or transferring “ceded lands”—lands belonging to the once independent Hawaiian Kingdom seized at the time of the 1893 U.S. backed overthrow and currently held in trust by the State of Hawaii.

(2) The U.S. Congressional Akaka Bill would extinguish the international sovereignty never relinquished by the Native Hawaiian people. Hawaii, which was an internationally recognized sovereign state before the 1893 U.S. backed overthrow, has international claims to sovereignty, which U.S. domestic legislation seeks to obscure. Obama has officially endorsed the Akaka Bill.

Protestors are linking the economic recession taking hold of much of the U.S. and the State of Hawaii to the state’s attempts to sell ceded lands and resolve Native Hawaiian international rights to self-governance. As a means to make up for an over two-billion dollar deficit facing the State of Hawaii Governor Linda Lingle and Attorney General Mark Bennett are attempting to overturn a ruling by the Hawaii Supreme Court that barred them from selling “Ceded lands.” The court, citing the “Apology Bill” Public Law 103-150, ruled that the state must preserve these lands “until such time as the unrelinquished claims of the Native Hawaiians have been resolved.”

Dec 26 Program Schedule:

10:00am - Opening pu (trumpet) and chant to aumakua (ancestral gods) to cleanse and restore the stolen Native lands.

10:15am - Ceremony and prayer to Queen Liliuokalani for Independence and international recognition.

10:30am - Press Conference Kekuni Blaisdell, Andre Perez, Kaiopua Fyfe, and Dean Itsuji Saranillio will speak to the long history of the U.S. colonization of Hawaii. At Beretania and Richards Street.

Hawaiian Independence Alliance is comprised of Pro-Kanaka Maoli Independence Working Group, Ka Pakaukau, Komike Tribunal, Hui o Na Ike, Ka Lei Maile Alii Hawaiian Civic Club, Ohana Koa, NFIP - Hawaii, Koani Foundation, Spiritual Nation of Ku - Hui Ea Council of Sovereigns, Living Nation.



© 2009 Hawaiian Independence Alliance