Hawaiian Independence Action Alliance

May 27, 2011

UPDATE: David Keanu Sai v. Hillary Clinton, et al.

Filed under: Sai,Statements

The fundamental issue on appeal will center on whether or not a U.S. President can withdraw recognition of Hawaiian state sovereignty…

Video still: Lynette Cruz / Olelo Community Media

Keanu Sai writes:

On May 26, 2011, Plaintiff filed a Civil Notice of Appeal from the Opinion and Order Denying Plaintiff’s Motion to Reconsider Order Granting Defendants’ Motion to Dismiss and Order Denying Plaintiff’s Motion for Leave to File a Supplemental Complaint entered on April 6, 2011.

Since United States government officials are parties in the lawsuit, there is a 60 day window to file an appeal from the date of the Order. Appeals from the U.S. District Court in Washington, D.C., will take place at the U.S. District Court of Appeals for the District of Columbia Circuit.

The sole issue on appeal is the U.S. District Court’s application of the political question doctrine, which it says prevents it from adjudicating Plaintiff’s lawsuit.

The fundamental issue on appeal will center on whether or not a U.S. President can withdraw recognition of Hawaiian state sovereignty after a previous U.S. President afforded explicit recognition of Hawaiian state sovereignty on July 6, 1844, thereby creating, as the U.S. District determined, a political question until Hawaiian state sovereignty is re-recognized by a subsequent U.S. President.

The Plaintiff maintains that international law prevents a recognizing state from de-recognizing another state’s sovereignty, because recognition of state sovereignty is a political act with legal consquences.

International law, however, does not prevent a recognizing state from de-recognizing another state’s government, which is often referred to as diplomatic recognition. Example: The United States recognized Cuba’s state sovereignty in 1925, but derecognized the Castro government in 1961. The withdrawal of the recognition of Castro’s government was not a withdrawal of the United States’ recognition of Cuban state sovereignty. Cuba continued to exist as a sovereign state, despite the derecognition of the Castro government.



May 17, 2011

Update on activities regarding the restoration of Ke Aupuni o Hawaii, the Hawaiian Kingdom.

Filed under: Leon Siu,Statements

Ke Aupuni Update: Ua mau ke ea o ka aina I ka pono.

Leon Siu writes:

Aloha mai Kakou,

At the UNPFII

May 16-27 – the 10th UN Permanent Forum on Indigenous Peoples (PFII)
I’ve been in New York City since May 12 to do some preliminary groundwork for this conference. Kai Landow at the Hawaiian Embassy on New York is graciously hosting three participants from Hawaii, two from Tahiti, from South Carolina, etc.

We (Koani Foundation, Ke Aupuni o Hawaii and others) have been attending the PFII to engage in discussions on principles that concern not only indigenous people, but our nation as well. For instance, by opposing the designation of the Northwest Hawaiian Islands as a ‘World Heritage Area,’ we assert the sovereignty of the Hawaiian Kingdom and preserve our right to decide the use of our resources.

Along those lines, we are introducing a major initiative to the indigenous peoples agenda – that of kuleana of oceans and other forms of water other than the customary stated concerns regarding fresh water (springs, aquifers, rivers, lakes etc.). We want the continent-centric people to remember that for some of us, our kuleana is the oceans and seas, upon which the very life of the planet depends.

While in NY we will also be attending and supporting a Marshall Islands’ initiative — the first major conference of climate change experts on the topic, “Threatened Island Nations: Legal Implications of Rising Seas and a Changing Climate.” This will be held at Columbia University next week.

This is a critical issue that the world community acknowledges, but is doing very little to address practical implications such as the social and logistical upheavals that would occur should the need arise to evacuate and relocate island-nations. What would be the legal questions, political and cultural challenges of maintaining a displaced nation’s identity and integrity? What becomes of the people themselves? What becomes of their homeland? Is it still their homeland if it’s under water? Do they still have borders? Is it still a nation if it’s abandoned for the sake of survival? These are the types of questions that are being posed at this conference.

We are also using this opportunity to conduct strategy meetings among representatives from Rapa Nui, Tahiti, Maluku and others for mutual support and encouragement of each others’ independence efforts.

While in NY we will also be briefing the ex-pat community, international organizations and the diplomatic community on progress being made in the restoration of the Hawaiian Kingdom.

On this trip I will also be making a visit to Washington DC to do briefings to help position and bolster our cause for independence.

I am still in need of kokua for expenses. Your kokua is greatly appreciated. See below for how you can contribute.

Ho’omaika’i,
I am,
Leon K. Siu
(808) 265-2085

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Any kokua you can provide will be greatly appreciated!

You can get funds to me in the following ways:

Check/mail – Make check or money order payable to:
Leon Siu and mail it to:
PO Box 22, Aiea, Hawaii 96701
(while I’m away, someone will collect, deposit and notify me of contributions that come in) OR …

PayPal – Deposit into PayPal account: leon@hits.net  (please notify me by email)

Mahalo!



May 13, 2011

“The Westminster Abbey of the Pacific”….

Filed under: Kawaiahao Church,Media

Kaanohi Kaleikini comments on Pacific Business News’ “Kawaiahao Church misses OHA grant reporting deadline.”

In regards to LeeAnn Crabbe’s statement; I fail to understand how the beneficiaries concerns of Kawaiaha’o's inappropriate use of the $1 million could be put to rest by amending or revising previous reports. It would trigger more concern from beneficiaries. If spending reports were in order and given sufficient time (which the church was given), producing the reports timely should not be a problem.

Given the fact that the $1 million was given to Kawaiaha’o as a grant would be of greater importance for them to keep better records and have them readily available in the event they should ask for more grants. Businesses take actions of amending and revising their books when they are trying to account for, hide or move monies around.

Whether the amount was $1 million or $100 million, a grant of this amount is not a drop in the bucket and OHA must not write it off as such and should (on behalf on beneficiaries) demand to know where and how the monies were used.

The attorney for the church should be able to secure its financial records. Report that the person who was last in charge of the financial records is presently undergoing medical treatment on the mainland raises more than an eyebrow but should not prevent the financial records from being produced.

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“…construction of its multipurpose center, which has been beset by delays since 69 sets of human remains were discovered on the property…



May 12, 2011

“..stand up for Hawaiian burials, stand up for the Hawaiian religion…”

Paulette Kaanohi Kaleikini responds to Civil Beat’s “Kawaiahao Breeds Anguish at Oahu’s Burial Council”:

Photos: Lynette Cruz

The State Historic Preservation Division tried to obstruct recognition of my ‘ohana as lineal descendants to our kupuna in the burial plot which is in the footprint of the Kawaiaha’o multi purpose center. They had to do this in order to maintain their argument that only UNKNOWN burials exist there.

The SHPD does not have the jurisdiction to prevent or obstruct descendant recognition by the Oahu Island Burial Council (OIBC).

The SHPD was willing to allow cultural recognition of my ‘ohana to the 69 kupuna which have already been desecrated and are now in the basement. I was not willing to accept a cultural recognition status and argued for lineal recognition to my kupuna in the burial plot and pleaded with the OIBC to rise to the kuleana to empower descendants and not be intimidated by the SHPD whom I believe, disempower descendants.

 


Kawaiaha’o has contacted descendants (other than myself) of kupuna buried in the footprint area of their multi-purpose building. By doing this, Kawaiaha’o has acknowledged the fact that there are KNOWN burials in this burial plot when all along they and the SHPD was saying that only UNKNOWN burials were there

Now that my ‘ohana are state recognized lineal descendants, it requires Kawaiaha’o and the SHPD to consult us in any discussions regarding the burials in 3 plots at the site. With the recognition of lineal descendants, the OIBC must be consulted.

“…the council chose a middle path…recognize Kaleikini as a lineal descendant if and when it’s determined that the council has jurisdiction over the burials at Kawaiahao…”

Read the article here.



May 11, 2011

Sarah Vowell’s “Unfamiliar Fishes” reviewed in Macleans…

Lynette Cruz posts:

“Maybe by now, some of you have had a chance to read the book.  I like the closing sentence in this review:  ‘Then again, perhaps Vowell is trying to diffuse the harshness of how she now understands her country: that its imperialism is as American as apple pie’…”

 

“…I’ve read a number of reviews of Unfamiliar Fishes (thanks, Seeti) but I think this is the funniest…”

 



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