Hawaiian Nationality and the Law of Occupation

The Hawaiian nationality is termed Hawaiian subject and not Hawaiian citizen. The distinction between subject and citizen is that the former is the political status of an individual in a monarchical form of government, whether absolute or constitutional, and the latter is the political status of an individual in a republic or non-monarchical government.

Under Hawaiian law, nationality can be acquired four ways:

  1. Born within Hawaiian territory—jus soli, also called native-born or natural-born;
  2. Born outside of Hawaiian territory from parents with Hawaiian nationality—jus sanguinis;
  3. Naturalize. The Minister of the Interior, with the approval of the Monarch, shall have the power in person upon the application of any alien foreigner who shall have resided within the Kingdom five years or more, stating his intention to become a permanent resident of the Kingdom, to administer the oath of allegiance to such foreigner, if satisfied that it will be for the good of the Kingdom. (§429, Article VIII, Hawaiian Civil Code);
  4. Denizen. The Monarch can confer upon any alien resident abroad, or temporarily resident in this Kingdom, letters patent of denization, conferring upon such alien, without abjuration of allegiance, all the rights, privileges and immunities of a native. The letters patent shall render the denizen in all respects accountable to the laws of the Hawaiian Kingdom, and impose upon him the like fealty to the King, as if he had been naturalized. (§433, Article VIII, Hawaiian Civil Code).

Once a State is occupied, international law preserves the status quo of the occupied State as it was before the occupation began. To preserve the nationality of the occupied State from being manipulated by the occupying State to its advantage, international law only allows individuals born within the territory of the occupied State to acquire the nationality of their parents. In order to preserve the status quo, Article 49 of the 1949 Fourth Geneva Convention mandates that the “Occupying Power shall not…transfer parts of its own civilian population into the territory it occupies.” To do so is a war crime.

For individuals, who were born within Hawaiian territory, to be a Hawaiian subjects they must be a direct descendant of an individual who was a Hawaiian subject prior to the illegal overthrow of the Hawaiian Kingdom government on January 17, 1893. All other individuals born after this date to the present are aliens who can only acquire the nationality of their parents.

According to the 1890 government census, Hawaiian subjects numbered 48,107, with the aboriginal Hawaiians, both pure and part, numbering 40,622, being 84% of the national population, and the non-aboriginal Hawaiians numbering 7,485, being 16%. Despite the massive migrations of foreigners to the Hawaiian Islands since 1893, which, according to the State of Hawai‘i Office of Hawaiian Affairs, numbers 1,302,939 in 2009, with the aboriginal Hawaiian population at 322,812 (25.3%), the status quo of the national population of the Hawaiian Kingdom is maintained.

In other words, with the increase in numbers of Hawaiian subjects, both aboriginal and non-aboriginal, since 1898, the status quo of the Hawaiian national population has been maintained to date. Therefore, under the international laws of occupation, the aboriginal Hawaiian population of 322,812 in 2009 would continue to be 84% of the Hawaiian national population, and the non-aboriginal Hawaiian population of 61,488 would continue to be 16%. The balance of the population in 2009, being 918,639, are aliens.

National Holiday: Restoration Day

Today is July 31st which is a national holiday in the Hawaiian Kingdom called “Restoration day,” and it is directly linked to another holiday observed on November 28th called “Independence day.” Here is a brief history of these two celebrated holidays.

Kam IIIIn the summer of 1842, Kamehameha III moved forward to secure the position of the Hawaiian Kingdom as a recognized independent state under international law. He sought the formal recognition of Hawaiian independence from the three naval powers of the world at the time—Great Britain, France, and the United States. To accomplish this, Kamehameha III commissioned three envoys, Timoteo Ha‘alilio, William Richards, who at the time was still an American Citizen, and Sir George Simpson, a British subject. Of all three powers, it was the British that had a legal claim over the Hawaiian Islands through cession by Kamehameha I, but for political reasons the British could not openly exert its claim over the other two naval powers. Due to the islands prime economic and strategic location in the middle of the north Pacific, the political interest of all three powers was to ensure that none would have a greater interest than the other. This caused Kamehameha III “considerable embarrassment in managing his foreign relations, and…awakened the very strong desire that his Kingdom shall be formally acknowledged by the civilized nations of the world as a sovereign and independent State.”

PauletWhile the envoys were on their diplomatic mission, a British Naval ship, HBMS Carysfort, under the command of Lord Paulet, entered Honolulu harbor on February 10, 1843, making outrageous demands on the Hawaiian government. Basing his actions on complaints made to him in letters from the British Consul, Richard Charlton, who was absent from the kingdom at the time, Paulet eventually seized control of the Hawaiian government on February 25, 1843, after threatening to level Honolulu with cannon fire. Kamehameha III was forced to surrender the kingdom, but did so under written protest and pending the outcome of the mission of his diplomats in Europe. News Admiral Thomasof Paulet’s action reached Admiral Richard Thomas of the British Admiralty, and he sailed from the Chilean port of Valparaiso and arrived in the islands on July 25, 1843. After a meeting with Kamehameha III, Admiral Thomas determined that Charlton’s complaints did not warrant a British takeover and ordered the restoration of the Hawaiian government, which took place in a grand ceremony on July 31, 1843. At a thanksgiving service after the ceremony, Kamehameha III proclaimed before a large crowd, ua mau ke ea o ka ‘aina i ka pono (the life of the land is perpetuated in righteousness). The King’s statement became the national motto.

The envoys eventually succeeded in getting formal international recognition of the Hawaiian Islands “as a sovereign and independent State.” Great Britain and France formally recognized Hawaiian sovereignty on November 28, 1843 by joint proclamation at the Court of London, and the United States followed on July 6, 1844 by a letter of Secretary of State John C. Calhoun. The Hawaiian Islands became the first Polynesian nation to be recognized as an independent and sovereign State.

The ceremony that took place on July 31 occurred at a place we know today as “Thomas Square” park, which honors Admiral Thomas, and the roads that run along Thomas Square today are “Beretania,” which is Hawaiian for “Britain,” and “Victoria,” in honor of Queen Victoria who was the reigning British Monarch at the time the restoration of the government and recognition of Hawaiian independence took place.

Big Island Video News (BIVN): Hawaiian Kingdom Files Lawsuit Against President Trump

HAWAII ISLAND – Keanu Sai has filed a petition for an emergency writ of mandamus with U.S. Federal District Court in Washington, D.C.

(BIVN) – David Keanu Sai, Ph.D., acting as Chairman of the acting Council of Regency for the Hawaiian Kingdom, has filed a lawsuit against United States President Donald Trump regarding the prolonged American occupation of the Hawaiian Islands.

Sai, who will be speaking at a La Ho‘iho‘i Ea event in Kalapana this weekend, filed the lawsuit on June 25 in U.S. Federal District Court in Washington, D.C.

The suit comes on the heels of the February 25 memorandum written by Dr. Alfred M. deZayas – the United Nations Independent Expert under the Office of the High Commissioner for Human Rights – to members of the judiciary of the State of Hawai‘i advising the courts “should not lend themselves to a flagrant violation of the rights of the land title holders” and “must not enable or collude in the wrongful taking of private lands”, based on the understanding that Hawaii is a “sovereign nation-state in continuity” which is “under a strange form of occupation by the United States resulting from an illegal military occupation and fradulent annexation.”

The conclusion of Dr. deZayas is nothing new to followers of Sai’s work. He has been working at home and abroad to educate the world about the Hawai‘ian Kingdom. Last year, shortly after President Donald Trump took office, we interviewed Sai about a series of topics, including alleged “war crimes” as it relates to international law.

University of Hawai‘i Students in Europe: Retracing the Kingdom’s Hawaiian Youths Educated Abroad Program

Dr. Willy Kauai, director of Native Hawaiian Student Services at the University of Hawai‘i at Manoa, is currently in Europe with 13 Hawaiian students. The students are retracing the Hawaiian Kingdom’s program of sending Hawaiian youths abroad to be educated and to return to serve the country. Dr. Kauai asked if we could share their travels and experience with the broader Hawaiian community. Here is an email from Native Hawaiian Students Services that introduces you to the first annual Hawaiian Youths Abroad Program.

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Aloha mai kākou,

We just wanted to send our aloha and share our travel blog with everyone detailing our first annual Hawaiian Youths Abroad program. We just finished our huaka‘i to Paris and London with 10 undergraduate and 3 doctoral students in tow.

As you may know, between 1880 and 1892, 18 Hawaiians participated in the Hawaiian Youths Abroad program in six different countries around the world: Italy, Scotland, England, China, Japan, and the United States. The 17 young men and 1 young woman were selected by King Kalākaua to become future leaders of an independent and progressive nation, the Hawaiian Kingdom.

“But just as I have said, there is but one alternative left us for saving our country, and that to have Hawaiian youths educated abroad.” – Joseph Nawahī, April 1891

The Hawaiian Youths Abroad program was embedded in the Hawaiian Kingdom Foreign Affairs office, and was designed as both an educational and diplomatic program to train future leaders to serve in core government functions. The program’s very creation, design, and eventual demise, are demonstrative of the social and political conditions and concerns of the time. The quote above by Joseph Nawahī was from a Department of Health meeting at Kalaupapa in 1891 where Nawahī was addressing the leprosy crisis in Hawaiʻi and remarked on the remarkable progress of one of the Hawaiian Youths Abroad scholars, Matthew Makalua, studying medicine in England and earning many awards and prizes for his work. His studies and progress inspired the Hawaiian Kingdom Department of Health to begin conversations on starting a medical college in the Hawaiian Kingdom. This is just one of the many stories that beset the Hawaiian Kingdom to take drastic measures, including sending future leaders around the world for education and diplomacy to protect our country.

With a similar intent, the 2018 Hawaiian Youths Abroad  program provides similar and appropriate points of examination by exploring both the Hawaiian Kingdom educational prowess of the the 19th century while critically examining the illegal attempts that have attempted to exterminate such progress. Native Hawaiian Student Services (NHSS) at the University of Hawaiʻi at Mānoa seeks to restore the Hawaiian Youths Abroad program in Summer 2018, after a 126-year hiatus. Mahalo to Hawaiʻinuiākea and Kamehameha Schools for significant  contributions to help make this trip possible.

Check out our travel blog at: http://manoa.hawaii.edu/nhss/current-programs/hawaiian-youths-abroad-program/hya-2018-london-paris/hya-2018-travel-blog/

Ke aloha,
Native Hawaiian Student Services

National Holiday – Independence Day

November 28th is the most important national holiday in the Hawaiian Kingdom. It is the day Great Britain and France formally recognized the Hawaiian Islands as an “independent state” in 1843, and has since been celebrated as “Independence Day,” which in the Hawaiian language is “La Ku‘oko‘a.” Here follows the story of this momentous event from the Hawaiian Kingdom Board of Education history textbook titled “A Brief History of the Hawaiian People” published in 1891.

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The First Embassy to Foreign Powers—In February, 1842, Sir George Simpson and Dr. McLaughlin, governors in the service of the Hudson Bay Company, arrived at Honolulu George Simpsonon business, and became interested in the native people and their government. After a candid examination of the controversies existing between their own countrymen and the Hawaiian Government, they became convinced that the latter had been unjustly accused. Sir George offered to loan the government ten thousand pounds in cash, and advised the king to send commissioners to the United States and Europe with full power to negotiate new treaties, and to obtain aHaalilio guarantee of the independence of the kingdom.

Accordingly Sir George Simpson, Haalilio, the king’s secretary, and Mr. Richards were appointed joint ministers-plenipotentiary to the three powers on the 8th of April, 1842.

William RichardsMr. Richards also received full power of attorney for the king. Sir George left for Alaska, whence he traveled through Siberia, arriving in England in November. Messrs. Richards and Haalilio sailed July 8th, 1842, in a chartered schooner for Mazatlan, on their way to the United States*

*Their business was kept a profound secret at the time.

Proceedings of the British Consul—As soon as these facts became known, Mr. Charlton followed the embassy in order to defeat its object. He left suddenly on September 26th, 1842, for London via Mexico, sending back a threatening letter to the king, in which he informed him that he had appointed Mr. Alexander Simpson as acting-consul of Great Britain. As this individual, who was a relative of Sir George, was an avowed advocate of the annexation of the islands to Great Britain, and had insulted and threatened the governor of Oahu, the king declined to recognize him as British consul. Meanwhile Mr. Charlton laid his grievances before Lord George Paulet commanding the British frigate “Carysfort,” at Mazatlan, Mexico. Mr. Simpson also sent dispatches to the coast in November, representing that the property and persons of his countrymen were in danger, which introduced Rear-Admiral Thomas to order the “Carysfort” to Honolulu to inquire into the matter.

Recognition by the United States—Messres. Richards and Haalilio arrived in Washington early in December, and had several interviews with Daniel Webster, theDaniel Webster Secretary of State, from whom they received an official letter December 19th, 1842, which recognized the independence of the Hawaiian Kingdom, and declared, “as the sense of the government of the United States, that the government of the Sandwich Islands ought to be respected; that no power ought to take possession of the islands, either as a conquest or for the purpose of the colonization; and that no power ought to seek for any undue control over the existing government, or any exclusive privileges or preferences in matters of commerce.” *

*The same sentiments were expressed in President Tyler’s message to Congress of December 30th, and in the Report of the Committee on Foreign Relations, written by John Quincy Adams.

Success of the Embassy in Europe—The king’s envoys proceeded to London, whereAberdeen they had been preceded by the Sir George Simpson, and had an interview with the Earl of Aberdeen, Secretary of State for Foreign Affairs, on the 22d of February, 1843.

Lord Aberdeen at first declined to receive them as ministers from an independent state, or to negotiate a treaty, alleging that the king did not govern, but that he was “exclusively under the influence of Americans to the detriment of British interests,” and would not admit that the government of the United States had yet fully recognized the independence of the islands.

Sir George and Mr. Richards did not, however, lose heart, but went on to Brussels March 8th, by a previous arrangement made with Mr. Brinsmade. While there, they had an interview with Leopold I., king of the Belgians, who received them with great courtesy, and promised to use his influence to obtain the recognition of Hawaiian independence. This influence was great, both from his eminent personal qualities and from his close relationship to the royal families of England and France.

Encouraged by this pledge, the envoys proceeded to Paris, where, on the 17th, M. Guizot, the Minister of Foreign Affairs, received them in the kindest manner, and at once engaged, in behalf of France, to recognize the independence of the islands. He made the same statement to Lord Cowley, the British ambassador, on the 19th, and thus cleared the way for the embassy in England.

They immediately returned to London, where Sir George had a long interview with Lord Aberdeen on the 25th, in which he explained the actual state of affairs at the islands, and received an assurance that Mr. Charlton would be removed. On the 1st of April, 1843, the Earl of Aberdeen formally replied to the king’s commissioners, declaring that “Her Majesty’s Government are willing and have determined to recognize the independence of the Sandwich Islands under their present sovereign,” but insisting on the perfect equality of all foreigners in the islands before the law, and adding that grave complaints had been received from British subjects of undue rigor exercised toward them, and improper partiality toward others in the administration of justice. Sir George Simpson left for Canada April 3d, 1843.

Recognition of the Independence of the Islands—Lord Aberdeen, on the 13th of June, assured the Hawaiian envoys that “Her Majesty’s government had no intention to retain possession of the Sandwich Islands,” and a similar declaration was made to the governments of France and the United States.

At length, on the 28th of November, 1843, the two governments of France and England united in a joint declaration to the effect that “Her Majesty, the queen of the United Kingdom of Great Britain and Ireland, and His Majesty, the king of the French, taking into consideration the existence in the Sandwich Islands of a government capable of providing for the regularity of its relations with foreign nations have thought it right to engage reciprocally to consider the Sandwich Islands as an independent state, and never to take possession, either directly or under the title of a protectorate, or under any other form, of any part of the territory of which they are composed…”

John C Calhoun

This was the final act by which the Hawaiian Kingdom was admitted within the pale of civilized nations. Finding that nothing more could be accomplished for the present in Paris, Messrs. Richards and Haalilio returned to the United States in the spring of 1844. On the 6th of July they received a dispatch from Mr. J.C. Calhoun, the Secretary of State, informing them that the President regarded the statement of Mr. Webster and the appointment of a commissioner “as a full recognition on the part of the United States of the independence of the Hawaiian Government.”

Big Island Video News (BIVN): Dr. Keanu Sai La Ku‘oko‘a Conference Presentation

HILO, Hawaii – The political and agent representing the Provisional Government of the Hawaiian Kingdom, gives a two hour presentation in Hilo.

(BIVN) – In the opening presentation kicking off a two-day Lā Kuʻokoʻa educational conference in Hilo, Dr. Keanu Sai gives a lengthy talk on the Hawaiian Kingdom and the United States occupation.

Sai told attendees about the delay of the first hearing of the International Commission of Inquiry constituted under the Permanent Court of Arbitration in the Larsen v. Hawaiian Kingdomcase, and took some questions at the end. But the bulk of his presentation dealt with what he shows to be an ongoing state of war between the United States and the Hawaiian Kingdom, and the subsequent illegal annexation by Congressional resolution. The information covered forms the basis of Sai’s doctoral thesis and his work at The Hague.

Big Island Video News (BIVN): International Inquiry Delayed After “Political Bomb”, Sai Says

HILO, Hawaii – Keanu Sai told attendees at a Hilo Lā Kuʻokoʻa conference that the Secretary-General of the Permanent Court of Arbitration “has just been exposed as an agent for the United States at the highest level of the court.”

(BIVN) – The first sitting of the International Commission of Inquiry, initially scheduled for January 16 and 17, 2018 on the grounds of ‘Iolani Palace at the Kana‘ina Building, has been delayed.

Political scientist Dr. Keanu Sai, who is also the agent representing the Provisional Government of the Hawaiian Kingdom in the Inquiry that stems from the Larsen v. Hawaiian Kingdom arbitration held at the Permanent Court of Arbitration from 1999-2001, made the announcement during a Lā Kuʻokoʻa educational conference held in Hilo on Saturday.

“We’re gonna probaly have to hold back on the hearing of January 16 and 17, and probably move it to March,” Sai said.

The orginal January hearing dates would have coincided with the 125th anniversary of the American invasion of the Hawaiian Kingdom on January 16, 1893 – which was followed by the conditional surrender of the Hawaiian government by Queen Lili‘uokalani on January 17, 1893.

According to the Hawaiian Kingdom blog:

At the core of these proceedings will be the unlawful imposition of American laws that led to the unfair trial, unlawful confinement and pillaging of Lance Paul Larsen, a Hawaiian subject and victim of war crimes committed against him by the United States through its armed force—the State of Hawai‘i. These war crimes were committed in 1999.

The reasons for the delay seem steeped in international intrigue.

“I gotta be honest,” Sai told the crowd at the Boys and Girls Club gym during the Lā Kuʻokoʻa event, “I always kept thinking ‘how is the United States gonna obstruct these proceedings?’ They’re not gonna just sit there and let it happen, right?”

The Tribunal in the 1999-2001 arbitration concluded that “it could not determine whether the (Hawaiian Kingdom) has failed to discharge its obligations towards (Larsen) without ruling on the legality of the acts of the United States of America – something the Tribunal was precluded from doing as the United States was not party to the case,” the PCA says on its website. Sai says the U.S. was given the opportunity to participate before the Tribunal was convened. The U.S. State Department declined, he said, instead asking to access the records of the PCA proceedings.

“If there was any time that the United States could have stopped these proceedings, it would have been then in 2000,” Sai said. “But they would have to show the Hawaiian Kingdom doesn’t exist as a state. They couldn’t.”

17 years later, and the International Commission of Inquiry – an avenue recommended by the Tribunal in its 2001 award – is about to get underway.

“This is headquarters for Pacific Command. 118 military installations here,” Sai said of the United States. “You’re not just gonna sit down and let this whole things happen.”

As things were moving along towards the first hearings, Sai said suddenly, the Secretary-General of the Permanent Court of Arbitration, Hugo Hans Siblesz, “obstructed the proceedings,” via a letter, saying that entities who are not members of the United Nations “cannot use this court.”

“We were already there!” Sai said, reliving his astonishment. “This case is stemming from the original case.”

Sai and his deputy agents tried to contact the Secretary-General, to no avail. “Something’s happening,” Sai thought. “Number one, that’s very evasive. This guy doesn’t want to talk.”

The events prompted Sai to travel to the Hague, where the Permanent Court of Arbitration is located. But before doing so, Sai looked into the cryptic statements contained in Secretary-General Siblesz’ letter. His research led him to conclude that the Secretary-General “was actually representing the United States and protecting them in these proceedings.”

“The Secretary-General cannot operate outside of the Hague convention,” Sai said. “That means the Secretary-General has just been exposed as an agent for the United States at the highest level of the court. That’s huge. That’s a political bomb, right there.”

The story goes on. “A formal complaint was received – and I can’t say which country”, Sai said, “but we met with an embassy in the Hague and I was received as an ambassador-at-large for the Hawaiian Kingdom, and they acknowledged receipt of a formal complaint against the Secretary-General.”

“We’re gonna take it to another level now,” Sai said. “Now, we’re taking it to all 122 countries,” also known as the Contracting Party states, whose diplomatic representatives comprise the Administrative Council of the Permanent Court of Arbitration. “And we’re also gonna take it to all 193 countries at the (United Nations).”

Sai says the embassy of the country filing the complaint is asking to “keep things bilateral and confidential” for the time being, as negotiations take place at the international level.

Big Island Video News will be posting the entire presentation given by Sai during Saturday’s Lā Kuʻokoʻa educational conference.

Pu‘a Foundation: Celebrating Independence Day

Pu‘a Foundation would like to invite you to our Film & Forum
* CELEBRATE – LĀ KUʻOKOʻA
* LEARN HOW EDUCATORS ARE TEACHING HAWAII’S HISTORY
* DISCOVER COMMUNITY EDUCATIONAL RESOURCES
WHO: Featuring Dr. Keanu Sai & Masters of Education Students Sharing Innovative Teaching Methods
WHAT: Film & Forum – Ua Mau Ke Ea – Celebrating Lā Kuʻokoʻa – Independence Day
WHERE: Doris Duke Theatre, Honolulu Museum of Art
WHENTuesday, 11/28/176 pm to 8 pm
COST: Free & Open to the public
See flyer attached
For more info – check out our website at www.puafoundation.org
contact Debbie Victor at 945-3570 or by email at debbie.victor@puafoundation.net
– Please spread the word – Mahalo.

 

Toni G. Bissen
Executive Director
 
 
P.O. Box 11025
Honolulu, Hawaii  96828
Mobile:  808-221-6656
Office: 808-945-3570
 
Focusing on Trauma to Transformation

Big Island Video News (BIVN): Teacher’s Union to Document Illegal Occupation

HILO, Hawaii – The political scientist, acting as an agent for the government of the Hawaiian Kingdom in international proceedings, believes the time is right to go forward with an International Commission of Inquiry at the Hague.

(BIVN) – “This is big,” announced Dr. Keanu Sai in the gymnasium of the Boys & Girls Club in Hilo on Saturday.

Sai, one of several featured speakers in a two day educational seminar organized in celebration of the Hawaiian holiday of La Ho‘iho‘i ‘Ea, was talking about the news that came from the National Education Association’s Annual Meeting and Representative Assembly in Boston, Massachusetts on July 4th.

A group with the Hawai‘i State Teachers Association – the NEA affiliate union representing the public school teachers of Hawaii – successfully convinced the teachers of America to approve New Business Item 37, which stated:

“The NEA will publish an article that documents the illegal overthrow of the Hawaiian Monarchy in 1893, the prolonged illegal occupation of the United States in the Hawaiian Kingdom and the harmful effects that this occupation has had on the Hawaiian people and resources of the land.”

HSTA credited Chris Santomauro, a teacher at Kaneohe Elementary, with introducing the proposal and Uluhani Waialeale, a teacher at Kualapuu charter school on Moloka’i, for presenting an “impassioned and articulate argument in favor of the Hawaiian overthrow measure” which “swayed a majority of teachers from across the country to support it.”

“That’s big. This is not political, this is education,” Sai said as he explained the HSTA proposal to those gathered for his talk in Hilo.

According to Sai, the HSTA Secretary/Treasurer is Amy Perruso, a teacher from Mililani High School. She was one of the first teachers to begin teaching about the illegal overthrow of the government of the Hawaiian Kingdom and the illegal American occupation that followed. Perruso even teaches from Sai’s textbook, Ua Mau Ke Ea—Sovereignty Endures: An Overview of the Political and Legal History of the Hawaiian Islands.

“I pretty much can guarantee you that the teachers that are teaching about Hawaii’s occupation probably came through one of our classes at the University of Hawaii,” Sai said, claiming he had nothing to do with the HSTA’s plan to draw up the agenda item. “That’s the impact right there,” Sai said, “where they are taking their kuleana and maximizing it.”

Ever since Sai’s first trip to the Permanent Court of Arbitration in 2001, where he represented the Hawaiian Kingdom government in the Larsen v the Hawaiian Kingdom case, Sai has made the education of Hawaii’s people his top priority.

Now, inspired by stories like the one of the HSTA in Boston, Sai feels affirmed that “it’s time to go fact-finding.”

“I think the time is right. Let’s enter into an agreement with Lance Larsen, go fact-finding,” Sai said, adding that during the 2001 proceedings before the the Permanent Court of Arbitration, the tribunal “didn’t say you can create the fact-finding within 20 years. It said all it needs is an agreement.”

Sai said two of the arbitrators are now sitting judges on the International Court of Justice.

“So, what we’re going to do is convene the original arbitrators who made the statement to be that Commission of Inquiry,” Sai said. “Because I found out that sitting judges on the International Court of Justice can also serve as arbitrators and commissioners at the permanent Court of Arbitration.”

Commissions of inquiry under the auspices of the Permanent Court serve in a similar capacity as grand juries, Sai told the audience. Commissions of Inquiry not only review sets of facts, but also assign responsibilities regarding these facts. That could be civil liability or criminal liability in international law, Sai said.

To date there have only been five International Commission’s of Inquiry, Sai said. The first was Great Britain and Russia in 1905. The most recent was Great Britain and Denmark in 1962.

“This is not… a happy time, but this is a serious time,” Sai said. “Now, what’s important here is, this agreement which will form three commissioners under the Hague Convention… they will answer the first question. First, what is the function and role of the government of the Hawaiian Kingdom in accordance with the basic norm and framework of international humanitarian law?”

Humanitarian law is the law of occupation and laws of war, Sai said. “Before you can address what is the role of the Hawaiian government during occupation, you have to do that in the light of what happened since 1893. You have to address what the United States did or didn’t do that got us into this situation of possible culpability of the Hawaiian government toward one of its Nationals. Is it our fault that everybody’s brainwashed?

Who’s responsible for that?”

Before the commission can answer that question, they have to “address over a hundred years of non-compliance to humanitarian law,” Sai said. “That’s how it works. Then, in light of all this… what do we do? Are we liable?”

Sai says the commission will also ask, “what are the duties and obligations of the government of the Hawaiian Kingdom toward Lance Larson and – by extension – toward all Hawaiian subjects residing in Hawaii, and abroad?”

“What do we do about Lance Larson? Do we sign a reparation where we now have to pay him?” Sai asked. “Do we report the crimes to the International Criminal Court for prosecution? Where do we go?”

“Let them tell us,” Sai said. “They have the authority. We’re in the procedures. So, I don’t know what they’re going to say. I don’t. Just as I didn’t know what they would say during the proceedings of arbitration. I just know I have to take every step to protect the Hawaiian government. Because we’re in it. We’re now being put to that test.”

Sai added that once the Commission has been convened, they are going to make an important recommendation. “We’re gonna have the hearings in Hawaii,” Sai said, to a round of applause.

“I mean, this is not a political stunt. This is procedural,” Sai said. “Because… back in the year 2000, we entertained whether or not the tribunal could have their hearings in Hawaii. That was under consideration. And, after complete review, we said ‘no, there is confusion at home’. Now, I think our people are ready. They have the knowledge, they have the understanding.”

Sai again pointed to the recent HSTA victory in getting their “illegal occupation” proposal passed at the NEA meeting in Boston.

“Can you now understand,” Sai asked the crowd, “the Commission of Inquiry will probably be looking into these very issues.”