Origin of the Hawaiian Kingdom Flag

51CB3C86A38011DCDuring the reign of Kamehameha I in the eighteenth century, there were three separate kingdoms—the island Kingdom of Hawai‘i; the island Kingdom of Maui under Kahekili together with the islands of Kaho‘olawe, Lana‘i, Molokai and O‘ahu; and the island of Kaua‘i under Ka‘eo together with the island of Ni‘ihau. Kamehameha governed the island Kingdom of Hawai‘i according to ancient tradition and strict religious protocol.

Union_flag_1606_(Kings_Colors)In 1794, after voluntarily ceding the island Kingdom of Hawai‘i to Great Britain and joining the British Empire, Kamehameha and his chiefs considered themselves British subjects and recognized King George III as emperor. The cession to Great Britain did not radically change traditional governance, but principles of English governance and titles were instituted such as Prime Minister and Governors. The British colors was given to Kamehameha by Vancouver and flown over the island Kingdom of Hawai‘i.

British_East_India_Company_flagIn 1816, Kamehameha adopted a national flag design very similar to the British East India Company with the Union Jack in the canton.

The Hawaiian flag replaced the thirteen red and white stripes which appeared to vary between seven and nine alternating colored stripes of white, blue and red. Historical records give conflicting number of stripes.

Flag_of_Hawaii_(1816).svg

The Hawaiian flag was not flown over the island Kingdom of Kaua‘i because it was a vassal kingdom under Kamehameha through voluntary cession by its King Kaumuali‘i in 1810. Kaumuali‘i was the son of Ka‘eo and succeeded his father after he died in a great battle against the Kingdom of Maui on the plains of Honolulu on the island of O‘ahu in December 1794. This vassalage came to an end on August 8, 1824, after the Kaua‘i chiefs unsuccessfully rebelled under Humehume, son of Kaumuali‘i, King of Kaua‘i. Humehume was removed to O‘ahu under the watch of Kalanimoku, and all of the Kaua‘i chiefs were dispersed throughout the other islands and their lands replaced with Hawai‘i island chiefs.

Below is a drawing from the Alexander Adams collection at the Hawai‘i Archives of the ship named the Ka‘ahumanu  (circa. 1817) that Captain Adams commanded for King Kamehameha I. The ship flies both the National flag and the Royal flag, which would indicate that King Kamehameha was on board.

Hawn Flag (Adams Collection)

On November 28, 1843, the Hawaiian Kingdom was formally separated from the British Empire when Great Britain recognized Hawaiian Independence, and two years later on May 25, 1845 a revised national flag was unfurled at the opening of the Hawaiian legislature. The Hawaiian flag previous to 1845 differed only in the amount of stripes and also the arranging of the colors. The person accredited with the designing of the new flag was Captain Hunt of H.B.M.S. Baselisk. It has since remained unchanged to date. In the Polynesian Newspaper of May 31, 1845, was the following article:

“At the opening of the Legislative Council, May 25, 1845, the new national banner was unfurled, differing little however from the former. It is octo. (eight) parted per fess (horizontal band), first, fourth and seventh, argent (silver represented by the color white): second, fifth and eighth, gules (the color red): third and sixth, azure (light purplish blue), for the eight islands under one sovereign, indicated by crosses saltire, of St. Andrew and St. Patrick quarterly, per saltire counter changed, argent (white) and gules (red).”

kingdom_flag_1845

Below is a photo of the Hawaiian Kingdom flag being lowered from ‘Iolani Palace on August 12, 1898 when the prolonged occupation of the Hawaiian Kingdom began during the Spanish-American War. It has since been flown below the American flag throughout the Hawaiian Islands in violation of the sovereignty of the Hawaiian Kingdom.

Hawaiian Flag Lowered 1898

Students Meet with UH Hilo Vice-Chancellor Regarding Hawaiian Kingdom Flag

La‘akea CaravalhoLa‘akea Caravalho and other students from the University of Hawai‘i at Hilo met with theGail Makuakane-Lundin University’s Interim Vice Chancellor for Student Affairs Gail Makuakane-Lundin regarding their request that the Hawaiian Kingdom flag fly will no longer be flown below the American flag as it has since the occupation began on August 12, 1898, but will be flown on a separate flagpole of equal height to the American flag. Additionally, the Hawaiian Kingdom flag will be the first to be raised and the last to be lowered each day.

In the meeting, Vice-Chancellor Makuakane-Lundin told the students that the administration for the University of Hawai‘i at Hilo took their request very seriously, and after they met to discuss the matter the administration decided that the students’ request would be honored.

Big Island News Video reported:

The reasoning behind the action is evident in a letter written by students of the University of Hawai‘i to faculty and administrators, which began by saying the students have found the university has committed war crimes under the illegal occupation, specifically “pillaging” and “Americanization.” The letter relies on evidence presented in the recent “Memorandum for Ka Pouhana, CEO of the Office of Hawaiian Affairs regarding Hawai‘i as an independent State and the Impact it has on the Office of Hawaiian Affairs” by Dr. Keanu Sai.

After detailing the background of the war crime accusations, students wrote:

“In closing if you are able to refute the evidence in the Memo then assuredly the felonies—war crimes—have not been committed. But if you are not able to refute the evidence, then beginning on November 28, 2014, Hawaiian Independence Day, La Ku‘oko‘a, which has been celebrated since 1843, the United States Flag will no longer be raised over the Hawaiian flag from that day forth. We demand that the Hawaiian flag shall be raised first and be last taken down each day. The occupying United States flag shall be on a separate flag pole of exact same height with the flag flown as well at the same height. If no flag pole is provided for the U.S. flag it shall not be raised until one is provided by the University of Hawai‘i at Hilo and Hawai‘i Community College at no cost to the students. The none refute of evidence means that all State of Hawai‘i officials and employees, as well as We/Students are compelled to comply with Hawaii Kingdom Law and the law of occupation.”

Big Island Video News: Students Take Down American Flags at the University of Hawai‘i

Big Island Video News reported: On Monday, a group of students and activists took down the American flag flying at main entrance of the University of Hawai‘i at Hilo, instead raising the Hawaiian flag that was beneath it. The action was related to what they say is the continued illegal occupation of the Hawaiian Kingdom by the United States. The American flag that was taken down was folded and handed over to university administrators. The group then went over to do the same thing at the flag pole of Hawai‘i Community College in Hilo. While there, they encountered security.

This video was shot by David Lakota. He and fellow participant Gene Tamashiro spoke on camera afterwards. UH student La‘akea Caravalho explained more.

Big Island Video News asked the university for an official response to what occurred. We have yet to receive a statement.

UPDATE – The reasoning behind the action is evident in a letter written by students of the University of Hawai‘i to faculty and administrators, which began by saying the students have found the university has committed war crimes under the illegal occupation, specifically “pillaging” and “Americanization.” The letter relies on evidence presented in the recent “Memorandum for Ka Pouhana, CEO of the Office of Hawaiian Affairs regarding Hawai‘i as an independent State and the Impact it has on the Office of Hawaiian Affairs” by Dr. Keanu Sai.

After detailing the background of the war crime accusations, students wrote:

“In closing if you are able to refute the evidence in the Memo then assuredly the felonies—war crimes—have not been committed. But if you are not able to refute the evidence, then beginning on November 28, 2014, Hawaiian Independence Day, La Ku‘oko‘a, which has been celebrated since 1843, the United States Flag will no longer be raised over the Hawaiian flag from that day forth. We demand that the Hawaiian flag shall be raised first and be last taken down each day. The occupying United States flag shall be on a separate flag pole of exact same height with the flag flown as well at the same height. If no flag pole is provided for the U.S. flag it shall not be raised until one is provided by the University of Hawai‘i at Hilo and Hawai‘i Community College at no cost to the students. The none refute of evidence means that all State of Hawai‘i officials and employees, as well as We/Students are compelled to comply with Hawaii Kingdom Law and the law of occupation.”

OHA Ka Wai Ola – Civic clubs gather for convention

The Office of Hawaiian Affairs’ Ka Wai Ola newspaper had the following article in its Kēkēmapa (December) 2014 edition.

Ka Wai Ola 1The continuity of the Hawaiian Kingdom as an independent and sovereign state became the official position of the Association of Hawaiian Civic Clubs during its 55th annual convention on Moku o Keawe (Hawai‘i Island) Oct. 26-Nov. 2.

Adopted on a vote of 126-92, Resolution 14-28 was one of nearly 50 resolutions adopted by the grassroots organization, whose foundation was laid in 1918 by Prince Jonah Kuhiō Kalaniana‘ole.

“These sort of acknowledgments, I think, really are good,” said Soulee Stroud, the association’s outgoing pelekikena (president), in a post convention interview.

Ka Wai Ola 2

The idea that the Hawaiian Kingdom continues to exist has been gaining followers throughout the Hawaiian community as modern scholarship and education shed more light on the illegal overthrow, so-called “annexation” of Hawai‘i via joint resolution of Congress, and a statehood ballot that, according to modern scholars of international law, failed to conform to the letter of international law.

Support for the resolution was immediately buoyed by a letter of congratulations from the Royal Order of Kamehameha I, for “taking the courageous step to publicly announce its position that the Kingdom of Hawai‘i continues to exist,” a position the Royal Order of Kamehameha I proclaimed in 1995.

The AHCC, an officially nonpartisan organization known historically for conservative leanings, has seen a shift in recent years with the adoption of a number of progressive resolutions, including a resolution supporting marriage equality in 2013.

Among the resolutions passed at this year’s convention, held at the Waikoloa Beach Marriott Resort & Spa, were:

  • 14-18 – Strongly supporting the establishment of statewide, regulated medical marijuana dispensaries
  • 14-19 – Strongly urging the state to fully implement and fund the Justice Reinvestment Initiative before planning for prison expansion
  • 14-35 – Urging all Hawaiian civic club members, OHA and the larger Hawai‘i community “to honor and respect the strong political stance of our kupuna who signed their names” on the petition opposing annexation of Hawai‘i to the U.S. in 1897.

Among the most debated resolutions adopted was 14-34, urging creation of a task force, including civic club members, to be appointed by the governor and Legislature, to study the relocation of the Spirit of Lili‘uokalani statue of Queen Lili‘uokalani, from its location between ‘Iolani Palace and the state Capitol.

The idea of moving the statue – interchanging its location with the Eternal Flame memorial on Beretania Street, was debated at the state Legislature in February as Senate Bill 2505 as part of a plan to turn the walkway behind the Capitol into Memorial Mall. The bill also called for a working group to create a monument to former Hawaiian rulers to be placed with the statue. The majority of written testimony, including that of the AHCC, was strongly opposed and the bill was deferred. A companion House Bill did not advance.

New officers

In their biennial election of officers, delegates chose first vice president Annelle Amaral as their pelekikena.

Ka Wai Ola 3

Amaral, of the Waikīkī Hawaiian Civic Club, was elected by majority vote in a three-person race with Leimomi Khan, president of Kalihi- Pālama HCC and a past president of the AHCC, and Skippy Ioane, president of Hui Pū Laka HCC.

“Braddah Skippy” Ioane, whose nomination, like Khan’s, was made on the convention floor, energized the delegation with a populist speech calling for change delivered in pidgin.

“I tell you guys straight up. Us as a people, we no more respect,” said Ioane. “We gotta adjust da vehicle, because da Model T … cannot compete on da freeway. You know what I mean? You going get ticketed for impeding progress.”

Hailama Farden, of Kuini Pi‘olani HCC, was elected first vice president; Daniel Naho‘opi‘i, of Maunalua Hawaiian Civic Club, and president of AHCC’s O‘ahu Council, was elected second vice president; and Paul Richards, Hawaiian Civic Club of Waimānalo, was elected treasurer.

Meanwhile, the late H.K. Bruss Keppeler, a longtime member and past AHCC president, slack key master Rev. Dennis Kamakahi and master Hawaiian feather work artist Aunty Paulette Kahalepuna were among those lovingly remembered during a tearful Hali‘a Aloha ceremony as ‘ohana and fellow club members brought offerings of oli and lei that were draped upon an ‘ōhi‘a lehua tree.

Activities during the week included trips to sacred sites, like Mauna Kea, the piko of the firstborn island of Wäkea and Papa according to Hawaiian cosmology, and Ahu a ‘Umi Heiau, the shrine of the island’s 16th-century ruler ‘Umi a Liloa.

Stroud, whose membership spans more than two decades, says he’ll remain involved in the AHCC as immediate past president and anticipates being involved in the nation-building process, possibly as a delegate to a Hawaiian convention in 2015.

A longtime supporter of the civic clubs, OHA was a sponsor of AHCC’s 55th annual convention. In the days leading up to the November general election, the convention also served as the site of a debate of OHA trustee candidates. Hosted by AHCC in partnership with OHA, the debate was streamed live on oha.org.

Mary Alice Ka‘iulani Milham is a freelance kanaka writer. A former newspaper reporter and columnist from California’s Central Coast, she lives in Mākaha, O‘ahu.

Countries Visiting HK Blog since October 29, 2014

Since October 29, 2014, there have been 211,171 visits from the following domains: .com (Commercial), .net (Networks), .cn (Peoples Republic of China), .de (Germany), .br (Brazil), .edu (Educational), .eu (European Union), .mil (United States military), .ru (Russia), and .tr (Turkey). The domain .com and .net include internet users from other countries who don’t use their country’s domain name. The two largest domain names in the world are .com and .net, with .com at 107,043,593 registered domains (example hawaii.rr.com), and .net at 15,008,510 registered domain names (example, secureserver.net). For a list of countries that .com and .net users come from visit “173 Countries Visit Hawaiian Kingdom Blog.”

Of particular interest is that the U.S. military, China and Russia are visiting the blog.

Country Domains 2014

The

National Holiday – Independence Day (November 28)

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 CalhounThis 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.”

OHA Trustees’ Legal Counsel Robert Klein Advises Board to Commit a Crime

The Office of Information Practices’s (OIP) investigation and conclusion that the Board of Trustees (BOT) of the Office of Hawaiian Affairs (OHA) violated the Sunshine Law effectively voided the BOT’s May 9, 2014 letter to U.S. Secretary of State John Kerry rescinding OHA’s CEO Dr. Kamana‘opono Crabbe’s May 5, 2014 letter to the Secretary seeking clarification on the legal status of the Hawaiian Kingdom under international law.

OHA Letter May 9, 2014

At the center of the controversy was whether or not the BOT violated the Sunshine Law, which according to the OIP Guide to the Sunshine Law for State and County Boards, “the intent of the Sunshine Law is to open up governmental processes to public scrutiny and participation by requiring state and county boards to conduct their business as openly as possible. The Legislature expressly declared that ‘it is the policy of this State that the formation and conduct of public policy—the discussions, deliberation, decisions, and actions of governmental agencies—shall be conducted as openly as possible.’”

The BOT attempted to justify their actions to rescind by taking the position that there was no Board meeting in Washington, D.C., that would have come under the scrutiny of the Sunshine Law. According to the OIP, “OHA’s argument is that the OHA Board’s decision to rescind the Crabbe Letter did not require a meeting, because the Crabbe Letter had no legal effect and the Rescission Letter was consistent with previously adopted OHA policy.”

It is unimaginable how the BOT could have construed Dr. Crabbe’s Letter as being inconsistent with OHA policy, when he was merely seeking information in order to inform the Trustees regarding policy. Dr. Crabbe’s Letter opened with, “As the Chief Executive Officer of the Office of Hawaiian Affairs, being a governmental agency of the State of Hawai‘i, the law places on me, as a fiduciary, strict standards of diligence, responsibility and honesty. My executive staff, as public officials, carry out the policies and directives of the Trustees of the Office of Hawaiian Affairs in the service of the Native Hawaiian community. We are responsible to take care, through all lawful means, that we apply the best skills and diligence in the servicing of this community. It is in this capacity and in the interest of the Office of Hawaiian Affairs I am submitting this communication and formal request.”

After Dr. Crabbe explained the situation and circumstances that led him to seek clarification on the legal status of the Hawaiian Kingdom under international law, he concluded, “While I await the opinion from the Office of Legal Counsel, I will be requesting approval from the Trustees of the Office of Hawaiian Affairs that we refrain from pursuing a Native Hawaiian governing entity until we can confirm that the Hawaiian Kingdom, as an independent sovereign State, does not continue to exist under international law and that we, as individuals, have not incurred any criminal liability in this pursuit.”

OHA did hold a meeting in Washington, D.C., on May 9, 2014, where Dr. Crabbe could have made his request to the Trustees as stated in his letter, but instead the Trustees held a closed meeting that did not include Dr. Crabbe. In this meeting, not all of the Trustees were in Washington, D.C., but some were still in Hawai‘i.

The meeting was a haphazard mix of emails, telephone conversations and face-to-face conversations amongst the Trustees, which concluded Dr. Crabbe’s Letter to be “void as an ultra vires act.” This resulted in another letter, with OHA’s letterhead, sent to Secretary Kerry rescinding Dr. Crabbe’s Letter where all nine Trustees provided their signatures. This so-called letter to rescind clearly showed that the action taken by the Trustees was a Board matter and therefore subject to the scrutiny of the Sunshine Law. Since the OIP concluded that the meeting was illegal, anything stemming from an illegal meeting is “void,” which includes the Trustees decision that concluded Dr. Crabbe’s Letter was “void as an ultra vires act.” In other words, the only valid act by OHA in these circumstances is Dr. Crabbe’s May 5 letter to Secretary Kerry.

OHA Trustees Dan Ahuna and Hulu Lindsey removed their names from the May 9 letter after conferring with Dr. Crabbe and both concurred that he was authorized to send his letter to Secretary Kerry to seek clarifications.

The other violation of the Sunshine Law was when the Trustees refused to accept oral testimony on an agenda item of a BOT meeting on May 19, 2014 in Honolulu where the Trustees were going into closed session to discuss the fate of Dr. Crabbe and his letter to Secretary Kerry. It was stated on the agenda that the BOT would go into executive session for “Consultation with Board Counsel Robert G. Klein re: questions and issues pertaining to the Board’s powers and duties with respect to Contract Number 2744, Chief Executive Officer, Dr. Kamana‘opono Crabbe, and to consider appropriate action with respect to the conduct of Dr. Crabbe.”

According to the minutes of that meeting, attorney Dexter Kaiama, stated to the BOT:

Dexter_Kaiama“The Sunshine Law states that any meeting held by the Trustees is required to allow public community testimony. He respectfully submits that failure to allow public testimony prior to going into executive session would be a violation of the Sunshine Laws. He is aware that OHA is in receipt of an OIP complaint regarding its May 9, 2014, letter signed by the Board of Trustees. The complaint questions the appropriateness of the actions taken by the Trustees at that time. In order to keep with the spirit of the law, he offers that no executive session be taken regarding item II.A. relating to Dr. Kamana‘opono Crabbe. The letter is inextricably intertwined with the actions the Board seeks to discuss this morning concerning Dr. Kamana‘opono Crabbe. If those actions of May 9th violate Sunshine Laws then these additional actions may also be in violation. He asks that no action take place until the Office of Information Practices completes its investigation.”

Former Hawai‘i Supreme Court Justice Robert G. Klein, who is retained by the BOT as their legal counsel, responded by stating:

Robert_Klein“the Board is entitled to go into executive session on this matter without public comment because this is purely an executive session matter. With respect to the letter it is irrelevant to the decision to go into executive session inasmuch as this meeting has been duly and properly noticed for the purposes of the agenda item. Due to the fact that there is no public portion of the meeting it is not necessary to take public comment. He respectfully disagrees with attorney Kaiama and advises the Board that it is free to go into executive session without public comment.”

In light of the OIP’s findings, the advise given to the BOT at this meeting by their legal counsel was not only bad advise, but it was Klein’s legal advise for the BOT to violate the Sunshine Law, which carries a punishment of up to a year in prison, a fine, and removal from the Board. It is not clear whether the BOT consulted Klein during their “unlawful” meeting in Washington, D.C., but he was clearly consulted during the Board meeting in Honolulu on May 19, 2014 as reflected in the minutes. If he was consulted in Washington, D.C., he again gave advice to violate the Sunshine Law in light of the OIP’s investigation. As a former Hawai‘i Supreme Court Justice, Klein cannot claim ignorance of the Sunshine Law and it would appear to be a case of legal malpractice at the very least.

The attorney that gave the best legal advice at the Honolulu meeting was Mr. Kaiama, but the Trustees didn’t listen when they should have.

Office of Informational Practices Concludes Office of Hawaiian Affairs Violated Sunshine Law

An opinion published by the State of Hawai‘i Lieutenant Governor’s Office’s Office of Information Practices (OIP) dated November 7, 2014, concluded that the Trustees of the Office of Hawaiian Affairs violated the Sunshine Law. Willful violation of the Sunshine Law is a misdemeanor. Hawai‘i misdemeanors are crimes that carry a maximum sentence of no more than one year imprisonment and a fine not exceeding $2,000, and removal from the Board. The opinion was authored by OIP Staff Attorney, Jennifer Z. Brooks.

Dr.-Kamana’opono-Crabbe-OHAThe opinion stems from a letter by OHA CEO Dr. Kamana‘opono Crabbe to U.S. Secretary of State John Kerry requesting answers to the following questions.

• First, does the Hawaiian Kingdom, as a sovereign independent State, continue to exist as a subject of international law?

• Second, if the Hawaiian Kingdom continues to exist, do the sole-executive agreements bind the United States today?

• Third, if the Hawaiian Kingdom continues to exist and the sole-executive agreements are binding on the United States, what effect would such a conclusion have on United States domestic legislation, such as the Hawai‘i Statehood Act, 73 Stat. 4, and Act 195?

• Fourth, if the Hawaiian Kingdom continues to exist and the sole-executive agreements are binding on the United States, have the members of the Native Hawaiian Roll Commission, Trustees and staff of the Office of Hawaiian Affairs incurred criminal liability under international law?”

After the letter was sent, the OHA Trustees lashed out at Dr. Crabbe and sought to terminate him for simply asking the questions. This action prompted massive support for Dr. Crabbe amongst the Hawaiian community, which ultimately led to the investigation by the OIP.

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A March in Celebration of Lā Kūʻokoʻa, Hawaiian Independence Day

Hōlualoa, Kona, Hawaiʻi
For Immediate Release
November 12, 2014

NAUE I KE ALOHA ʻĀINA!

A march in celebration of Lā Kūʻokoʻa, Hawaiian Independence Day

November 28, 2014
8:00am
Old Airport to Keauhou Small Boat Harbor

Hawaiians and supporters across the islands will march on Lā Kūʻokoʻa (Hawaiian Independence Day) on Friday November 28, 2014 in an effort to enhance awareness in our communities and throughout the world about one of the longest standing National Holidays of the Kingdom of Hawaiʻi. Marchers will gather at the Old Kona Airport across from Makala Blvd at 7:30am for opening thoughts and pule. The march will begin at 8:00am and will cover approximately eight miles starting from the Old Airport in the ahupuaʻa of Keahuolū and ending in the ahupuaʻa of Keauhou at the birth site of Kauikeaouli (Kamehameha III).

In Hawaiian, naue means to march. It also means to move, to shake, to tremble, to vibrate and to quake, as the earth. Aloha ʻāina means love of oneʻs land or of oneʻs country. It means patriot, a patriot who illustrates a deep love for the land. On this day of national independence, we hope that our lāhui will naue. That is, this march is meant to illustrate a true and deep love that will shake, vibrate, tremble and move our land and people towards our true patriotism.

“This is a march of aloha. This is a march of love for our land and love for our country. We march together as one with the hope that our claim to national independence may be seen and heard by our local communities and throughout the world. Aloha ʻ āina is alive and it will never die,” says Hawaiian medium preschool teacher and march organizer, Kahoʻokahi Kanuha.

On July 8, 1842 King Kauikeaouli dispatched three delegates to America and Europe to ultimately secure recognition of Hawaiian independence by the major powers of the world. The Hawaiian Delegation, led by Timoteo Haʻalilio, was assured independence by the heads of state of the United States, Great Britain and France and on November 28, 1843 the Kingdom of Hawaiʻi was officially recognized as an independent country by Queen Victoria of the United Kingdom of Great Britain and Ireland along with King Louis-Philippe of France through the signing of the Anglo-Franco proclamation at the Court of London, thereby making Hawaiʻi the first non-European nation in the world to be recognized as an independent country. Lā Kūʻokoʻa was celebrated throughout the Kingdom of Hawaiʻi from 1843 until 1893, when Queen Liliʻuokalani was illegally overthrown on January 17th with the assistance of the US Minister to Hawaiʻi, John L. Stevens.

The United States of America’s only claim to acquiring Hawaiʻi is the Newland’s resolution, a joint resolution passed by Congress and signed by President McKinley on July 7, 1898. A joint resolution, though, is limited to United States territory, which Hawaiʻi obviously was not and is not a part of. Because a treaty was never ratified between the United States of America and the Kingdom of Hawaiʻi, Hawaiʻi has been and continues to be an independent country under an illegal and prolonged military occupation by the United States of America.

Building off of the momentum of the Department of Interior hearings held across the archipelago this summer, unity marches will also be held on the islands of Maui, Molokaʻi and Oʻahu to raise awareness in communities about Hawaiian history, our national heritage and of the ever-growing support for a free and independent Hawaiʻi.

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For more information, please contact:

Kaho‘okahi Kanuha
Tel: 808-936-4249
Fax: 1-866-908-4619
naueikealohaaina@gmail.com

Twitter: @nauekealohaaina
#naueikealohaaina
#lakuokoa
#alohaainaoiaio

Naueikealohaaina