Alleviating the Confusion: Swiss Criminal Procedures In Light of Civil Law Tradition

What people may not know is that Switzerland’s criminal procedures are very different from the United States. Switzerland operates under a “civil law tradition” while the United States operates under a “common law tradition” that came from the English common law because the original thirteen States of the United States were formerly British colonies. In contrast, the civil law has codes and the common law does not. Civil law countries provide legal codes that explain all matters that can be brought before the courts, the applicable procedure of criminal investigations, the punishment for crimes, and trial. Switzerland’s codes are the Swiss Criminal Code (SCC) and the Swiss Criminal Procedure Code (SCPC). Common law countries do not provide comprehensive codes, but rather rely on numerous statutes and precedence set by decisions of judges, which is called stare decisis.

A very good compare and contrast of the two legal systems can be found in Dr. Vivienne O’Connor’s publication “Common Law and Civil Law Traditions.”

Another contrast is that in common law countries, judicial proceedings are adversarial between the prosecutor and the defendant, with the judge merely serving as the referee. In civil law countries, the proceedings are not adversarial and the judges play an integral role in both the criminal investigation stage as well as the trial stage. Under Swiss law (Article 17, SCPC), as in most civil law countries, judges can conduct criminal investigations, in addition to the police and the prosecutor. In Switzerland, these judges are called investigating magistrates and have more expanded powers than the prosecutor or police. Once an investigating magistrate concludes the criminal investigation he/she can seek indictments, and then the evidence and interviews that were conducted would be turned over to another judge or set of judges who will preside over the criminal trial. Jury trial is a common law tradition and not civil law. There are no jury trials in civil law countries, which includes Switzerland.

According to Dr. O’Connor, “International treaties and conventions also are sources of law in civil law countries. Most civil law countries are ‘monist’ meaning that when the country ratifies a treaty, it automatically becomes part of domestic law. This means that a judge can automatically apply it and a party in court can rely on international law in proceedings. In some countries, the judge can declare a national law or provision to be invalid if it conflicts with an international treaty or convention that the country has ratified.”

The Swiss Criminal Code provides for the Federal Attorney General to conduct criminal investigations for war crimes, but their decisions are subject to review by the “objections authority” of the Swiss Federal Criminal Court if someone is objecting to “the procedural acts and decisions [of an investigating magistrate, prosecutor or police] not subject to appeal (Article 20, SCPC).” This was the role the objection chambers of the Swiss Federal Criminal Court held in the case of Mr. Kale Gumapac and the unnamed Swiss citizen who were alleging that war crimes were committed against them in the Hawaiian Islands.

Swiss Treaty

What is the significance of the Swiss Federal Criminal Court’s reciting of Gumapac’s invoking his rights as a Hawaiian subject under the 1864 Hawaiian-Swiss treaty, “which wasn’t cancelled”? At first, it may appear that the Court was merely reciting Gumapac’s position that the treaty wasn’t cancelled, but did Gumapac state or even imply that it was he who was stating that the treaty wasn’t cancelled, or was it the three-judge panel that made that conclusion. The Court in making specific reference to Gumapac’s amended complaint dated January 22, 2015, stated, “that, in addition, by way of a letter dated January 22, 2015, [Dr. Keanu] Sai, in the name of Kale Kepekaio Gumapac…contacted the office of the Federal Attorney General and requested that criminal proceedings against Josef Ackermann…, the former CEO of Deutsche Bank National Trust Company…be opened and in this connection invoked rights deriving from Art. 1 of the friendship treaty between the Swiss Confederation and the then Hawaiian Kingdom of July 20, 1864, which has not been cancelled.”

In order to determine whether it was Gumapac who made this statement or the Court we need to look at what was stated in the amended complaint.

Gumapac, by his attorney-in-fact Dr. Sai, amended the original complaint dated December 7, 2014. The amended complaint states that Gumapac’s “initial complaint was based on universal jurisdiction, but in light of the fact that Josef Ackermann, who served as the Chief Executive Officer for Deutsche Bank when the war crimes were committed against [Gumapac], is a Swiss citizen, Mr. Gumapac is amending his complaint to include active personality jurisdiction and is invoking his rights as a Hawaiian subject under Article 1 of the 1864 Hawaiian-Swiss Treaty, which provides: “Hawaiians shall be received and treated in every canton of the Swiss Confederation, as regards their persons and their properties, on the same footing and in the same manner as now or may hereafter be treated, the citizens of other cantons.”

Active personality jurisdiction is when the accused is a Swiss citizen, and universal jurisdiction is where the alleged war crime was committed outside of Swiss territory by non-Swiss citizens against non-Swiss citizens.

The amended complaint then follows, “Therefore, according to Articles 118 and 119 of the Swiss Criminal Procedure Code (S-CPC), Mr. Gumapac is expressly declaring that he has suffered grave harm and respectfully demands that your office initiate an immediate investigation into the war crime of pillaging committed by Josef Ackermann being a Swiss citizen residing within the territory of the Swiss Confederation.” Gumapac made no statement that the treaty wasn’t cancelled, but rather was operating on the premise that the treaty remained binding on the Swiss authorities that were obligated to treat Gumapac in the same manner as Swiss citizens are treated in any of the cantons.

The question of whether or not a treaty has or has not been cancelled is a question of fact and not a question of law. The treaty itself will provide the process by which it can be terminated. For the Swiss treaty, Article VIII requires notice of intention to terminate by either of the contracting countries, and once the other country receives the notice of termination the treaty will terminate in 12 months. In the absence of any notice of termination, the “treaty will continue obligatory.”

Another way a treaty can be cancelled is if one of the countries that is a party to the treaty, ceases to exist as a country under international law. Without the existence of one of the parties there can be no treaty, because a treaty, by definition, is an agreement between two or more States. Therefore, if the Hawaiian Kingdom were annexed by the United States under international law, it would have consequently cancelled the Hawaiian-Swiss Treaty and replaced it with the U.S.-Swiss Treaty. This was specifically stated in the 1898 U.S. Congressional joint resolution of annexation, which read, “The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded, between the United States and such foreign nations.”

A joint resolution of Congress has no force and effect beyond U.S. territory and, as such, cannot have the power to cancel the treaty between Switzerland and the Hawaiian Kingdom. In other words, the only way to annex Hawai‘i and to cancel its treaty with Switzerland was for the United States to have a treaty with Hawai‘i that would have the effect of merging Hawai‘i into the United States. Only then would it have the effect of canceling the treaty with Switzerland. However, there is no treaty, but rather only a unilateral Congressional action.

When the Swiss Federal Criminal Court stated that the Hawaiian-Swiss treaty “wasn’t cancelled,” it was not a conclusion of law, but rather a conclusion of fact that supported Gumapac’s invoking of his rights under Article 1 of the treaty. In his report dated February 3, 2015, the Prosecutor, himself, also made the same conclusion regarding the status of the treaty. The report (German) (English translation) stated, “On January 22, 2015, Kale Kepekaio GUMAPAC confirmed in writing the accusations against Joseph ACKERMANN and in addition pointed out his rights stemming from Art. 1 of the friendship treaty between the SWISS CONFEDERATION and the then HAWAIIAN KING of July 20, 1864, which was never cancelled.”

Again this statement that the treaty was never cancelled was the Prosecutor’s conclusion and not Gumapac’s. Both the Prosecutor and the three-judge panel made the statement that the Hawaiian-Swiss Treaty wasn’t cancelled. Therefore, there is no dispute between the Swiss authorities and the war crime victims as to the treaty’s continued existence.

When the Court received the objection to the decision made by the Prosecutor on April 8, 2015, the President of the Objections Chamber ordered, by letter dated April 9, 2015, that the Prosecutor turn over all records of his investigation. The order stated, “In the matter mentioned above, a complaint against your decision not to engage of February 15, 2015 has been received at the Federal Criminal Court. You are requested to furnish the Federal Criminal Court right away with the records established in the abovementioned matter (including documents of receipt) with an index of the records.” This is a clear example of the civil law tradition where judges are involved in a criminal investigation. In common law countries such as the United States, there is no judicial oversight of a prosecutor’s decision to conduct a criminal investigation.

The three-judge panel of the Federal Criminal Court’s Objection Chambers would not have restated the allegations of war crimes in its April 28, 2015 decision unless the alleged war crimes met the statutory definition of war crimes under Swiss law. If not, it would have been deemed frivolous in this preliminary stage of the investigation and the Swiss Criminal Court would have dispensed with the criminal investigation and make no mention of the allegations. Nowhere in the decision did the three-judge panel state or even imply that the Prosecutor’s decision was going to be upheld.

Even more stunning, the decision specifically named Josef Ackermann, former CEO of Deutsche Bank, and officials of the State of Hawai‘i—Governor Neil Abercrombie, Lieutenant Governor Shan Tsutsui, Director of Taxation Frederik Pablo, and Deputy Director of Taxation Joshua Wisch. Under the civil law tradition, the decision by the Objections Chamber of the Federal Criminal Court is a part of the criminal investigation stage of these proceedings.

For the purposes of Swiss law, a war crime is defined as an international armed conflict, as between two or more States, even when occupation of the other State takes place without any armed resistance. The Hawaiian Kingdom was occupied by the United States on August 12, 1898, when the United States was waging war in the Spanish colonies of the Philippines and Guam. This was very similar and analogous to the German occupation of Luxemburg from 1914-1918 as it was waging war against France during World War I. Both the American occupation of Hawai‘i and the German occupation of Luxemburg took place without armed resistance.

From the decision (German) (translation to English), it appeared that the three-judge panel was prevented from reversing the Prosecutor’s decision because of a technicality, which was failure to submit the objection to the Court within the 10-day period allowed by law. In this case, Swiss law (Article 20, SCPC) allows the objections authority of the Swiss Federal Supreme Court’s Criminal Law Section to accept an objection to a decision made by “courts of the first instance,” which, in this case, is the three-judge panel of the Swiss Federal Criminal Court. Again, here is another example under the civil law tradition of having another level of judges overseeing a criminal investigation.

On May 29, 2015, the Clerk’s office of the objections authority of the Swiss Supreme Court’s Criminal Law Section accepted the objection, and assigned it case number 6B_563/2015. The Clerk’s office stated that the proceedings are against the Federal Criminal Court, Objections Chamber, as well as the Office of the Swiss Federal Attorney General. It further stated, “Possible procedural orders, as far as necessary, will follow.”

San Diego Free Press: Protecting Mauna Kea – History for Haoles

willfalk

Will Faulk, a journalist for the San Diego Free Press, has consented to the reprint of his article that was published online today April 29, 2015.

In the first essay of my Protecting Mauna Kea series, I made a mistake. I wrongfully described the ongoing, illegal American occupation of Hawai’i as an “annexation.”

San Diego FP-Lili‘uokalani

Hawaiian friends of mine pointed this out to me and gave me a thorough history lesson. I was referred to documents, books, and websites that tell the truth. For the last several days, I’ve been reading everything I can on the subject.

The more I read, the more convinced I become not only that the Thirty Meter Telescope project lacks any legal right to build on Mauna Kea, but that international law, indeed American law itself, demands that the United States end it’s occupation of Hawai’i.

I have two hopes for this piece. First, I want to give a history lesson for haoles. “Haole” is the Hawaiian word for white person. I am specifically directing this lesson at white settlers – at haoles – because the first thing haoles can do is understand the history of violence we benefit from.

This history lesson will demonstrate that the current regime controlling Hawai’i is illegitimate and as such has no authority to enforce the construction of the TMT on Mauna Kea.

Second, I want to relieve Hawaiians from the responsibility of educating haoles. Hawaiians have no responsibility to educate us. As a white settler hoping to stand in true solidarity with Hawaiians, I am upset with myself for the mistake. I have seen how frustrating it can be for a movement when valuable time must be spent coaching well-meaning settlers along.

I want to be clear: I am not advocating for a “call-out” culture on the front lines of resistance where resisters perpetually attack each other for their choice of words. Many of us must go through our personal experiences unlearning the lies we are taught and this takes time. The dominant culture, of course, does an excellent job lying. That’s why it’s the dominant culture.

But, I am saying that settlers need to take responsibility for educating other settlers. Leaving education to oppressed classes, forcing them to do the work of spreading consciousness, is a form of oppression in itself.

Before I begin, it is necessary to explain that this essay represents my opinions and my personal perspective of Hawaiian history stemming from the research I’ve done and been directed to. I am not a spokesperson for the Hawaiian people, neither am I spokesperson for the Mauna Kea protectors. I understand that there is no One True History, but I refuse to abide by the relativism I see perpetuating around me.

The complexity of a situation does not signify a lack of meaning. Rather, the complexity of a situation – especially ones with real, physical consequences – demands that we grapple with information to take a stand. As the world disintegrates before our eyes, I see too many people mired in the neutrality their belief in the relative nature of reality produces.

Make no mistake, if the construction of the TMT project results in the spill of hazardous chemicals in the largest freshwater aquifer on the Island of Hawai’i – a very real possibility – there will be very real consequences for life on the Island.

***

Milan Kundera famously stated the “struggle against oppression is the struggle of memory against forgetting.” I have found this to be shockingly true learning the history of Hawai’i. It is my belief that haoles have forgotten – or never knew – the history of Hawai’i. If we did not forget, there would be more of us supporting the Mauna Kea protectors and supporting true Hawaiian sovereignty.

What have we forgotten?

It starts centuries ago when Hawaiians first arrived in Hawai’i. Over the centuries, Hawaiians developed a culture based on ecological balance that included communal land tenure. I am very self-conscious that my attempts to explain a complex culture that existed for centuries before the arrival of Europeans would amount to so much generalization. I cannot possibly do the Hawaiian culture justice in a short essay, but so many discussions of Hawaiian history begin with the arrival of Captain Cook in 1778 erasing Hawaiian history pre-European contact.

There are always those that will accuse me of romanticizing Hawaiian culture, who will say “all human cultures are inherently destructive.” I do not mean to romanticize Hawaiian culture and it simply is not true that all human cultures are inherently destructive. We know the Hawaiian culture before 1778 had it’s own problems, but wide-scale ecological collapse was not one of them. In this era of total environmental destruction, we would do well to empower cultures who lived in balance with their land base.

From 1826 until 1893, the United States government recognized the independent Kingdom of Hawai’i including full, complete diplomatic relations with the Hawaiian government. For all intents and purposes, the United States viewed Hawai’i as a nation just like Mexico, Canada, or Great Britain. In fact, the United States entered into treaties involving navigation and commerce with Hawai’i in 1826, 1842, 1849, 1875, and 1887.

San Diego FP-1886 Legislature

Then, in January, 1893, John L. Stevens, an American agent in Hawaii (his official title was United States Minister), conspired with non-Hawaiians and members of the U.S. Navy to overthrow the Hawaiian government. On January 16, 1893, Stevens and armed US naval personnel invaded Hawai’i and positioned themselves next to Hawaiian governmental buildings including Iolani Palace to intimidate Queen Liliuokalani. Queen Liliuokalani, under threats of bloodshed, yielded her authority to the government of the United States – NOT Stevens’ provisional government – until the time the United States would undo the actions of its representatives in Hawai’i.

Grover Cleveland was the president in 1893 and he initiated an investigation into the actions of Stevens and his cronies while calling for the restoration of the Hawaiian monarchy. The investigation concluded that Stevens and other US officials in Hawaii had abused their authority and had engaged in “an act of war.”

Still, the provisional government sought annexation in Congress, but was unable to rally the support of 2/3 of the Senate needed for annexation. So, on July 4, 1894, the provisional government that had forcibly invaded and overthrown the Kingdom of Hawai’i, declared itself the Republic of Hawai’i.

In 1896, William McKinley replaced Grover Cleveland as president. Using the excuse of the Spanish-American war and the need for a naval base in the Pacific, McKinley and the Senate began to entertain the notion of annexing Hawai’i, again.

In 1897, the Hawaiian people delivered a massive petition where nearly 90% of Hawaiians alive at the time declared their desire not to become part of the United States of America. Unable to secure a treaty of annexation, Congress passed a joint resolution titled “the Newlands Resolution” on July 7, 1898.

The illegality of this joint resolution is one of the most important things to understand about Hawaiian history. This resolution had no legal basis, had no validity, and was possible simply because of the armed might of the United States.

The resolution has no legitimate basis because laws passed by Congress have no authority internationally. Congress can only pass laws that apply within the United States.

Hawaiian legal scholar Dr. Keanu Sai explains it better than I can in his blog-article “International Law Prevents Construction of the Thirty Meter Telescope” when he writes, “The underlying problem that Congressmen at the time knew was that no law of Congress can have any force and effect beyond the borders of the United States. In other words, the United States could no more annex the Hawaiian Islands by passing a domestic law, than it could annex Canada today by passing a law.”

As part of the Newlands Resolution, the Republic of Hawai’i passed 1,800,000 acres of what had been crown, government, and public lands of the Kingdom of Hawai’i to the control of the United States. Included in this land is Mauna Kea. Through the acquisition of Mauna Kea in this way, the State of Hawai’i has leased land on Mauna Kea for the TMT’s construction. But, an illegal state giving land acquired illegally can only give – you guessed it – an illegal lease.

Of course, you don’t have to take my word for this history, because all of these facts were already admitted and apologized for by Congress on November 23, 1993. You can read their apology here.

***

So, can you see why we cannot call the occupation of Hawai’i an annexation? No treaty of annexation was ever signed. “Annexation” implies consent on the part of those annexed and clearly the Hawaiian people never consented.

To take this even deeper, the term “annexation” hides the truth, softens the reality that Hawai’i was invaded while the invaders still seek to assert dominance over Hawai’i. To use the term “annexation” is to forget and forgetting clears the wayfor oppression.

There’s something, though, that bothers me about all this. How can the American government and the American people after learning this history, after admitting the wrongs done to Hawai’i still allow something like the TMT project to happen? I think the answer is that learning the history is only the first small step. Knowing the history, we must act.

One of the intentions behind my writing is to try to understand how so many people can recognize problems in the world and then fail to act to solve those problems. I am a haole, so I can only speak as a haole, and I believe too many haoles settle for pointing out their privilege while the more important work involves undermining the forces that grants them that privilege over others in the first place. The history is clear. Hawaiians are being wronged. Now, we need to act.

U.S. Constitutional Law and Customary International Law for Territorial Annexation

To develop an informed position on current issues in Hawaiʻi, such as the TMT (Thirty Meter Telescope) standoff on Mauna Kea, it is important to have an accurate understanding of the legal status of Hawaiʻi.jason-lisa

The purpose of this article is to address common misconceptions people have regarding territorial annexation as it relates to the Constitution of the United States and customary international law.

www.archives.gov/exhibits/charters/constitution_transcript.html

In Article I, Section 8 of the U.S. Constitution, the enumerated powers of Congress are domestic. Specifically, there is no enumerated power for annexation of foreign territory.

US_Constitution

From Article II, Section 2 of the U.S. Constitution, regarding the President and Senate:

“He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur”

This power was used by the United States to enter 9 treaties of cession, annexing 56 out of 58 acquired territories, over a period of 168 years (1783-1951). This is the self-evident pattern of customary international law regarding territorial annexation, followed consistently by the United States throughout its history.

The Indian Appropriation Act of 1871 and the Island of Palmas arbitration in 1925 legally prevented this power from being used for annexation of American Sāmoa. There were two failed attempts, in 1893 and 1897, to use this power for annexation of Hawaiʻi, both of which were due to less than two thirds approval of the Senate.

The context of Article IV, Section 3, of the U.S. Constitution, is clearly domestic:

“New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.”

This power was used prematurely to admit Texas as a State in 1845 following two failed attempts, in 1837 and 1844, to pass a treaty of annexation for Texas in the U.S. Senate. The preliminary admission of Texas as a State in 1845 was followed by constitutional annexation of Texas as a Territory in 1848 through the Treaty of Guadalupe Hidalgo.

Therefore, since the Newlands Resolution claimed to annex Hawaiʻi as a Territory in 1898, and not admit it as a State, Texas is an invalid precedent. Furthermore, all 49 of the United States, including Texas, have a treaty of cession, while Hawaiʻi does not. This makes Hawaiʻi an unprecedented historical anomaly in violation of customary international law for territorial annexation, that in turn provides the evidence through which the U.S. constitution is interpreted.

88 out of 90 members of the U.S. Senate in 1898 opposed annexation of Hawaiʻi by joint resolution, because they held that it was unconstitutional in the context of customary international law, since Texas failed to provide a valid precedent. (youtu.be/yC4v0k0wd0Y)

The historical data for customary international law regarding territorial annexation, followed by the USA throughout its history, does not substantiate constitutional annexation of Hawaiʻi to the United States via joint resolution of U.S. Congress in 1898. This alleged annexation is an outlier in the data set—9 treaties annexing 56 territories in 168 years, plus the cession by American Sāmoa—that stands alone without precedent, both before and after the Newlands Resolution.

The provision in the U.S. Constitution for territorial annexation by a supermajority of the U.S. Senate is unequivocal when interpreted through this complete data set for customary international law. This is the appropriate context which must be included in any assessment of the claim of that Hawaiian sovereignty has been transferred to the United States.

Today, the typical American is oblivious to this complete data set regarding annexation of territory by the United States. However, this is not because access is restricted to these data, but due to generations of being indoctrinated by propaganda to the contrary. Therefore, instead of investigating the data, and interpeting it objectively, the typical American accepts the assumption that Hawaiʻi is the “50th State” as a foregone conclusion.

Hence, as will undoubtedly be demonstrated in comments on social media reacting to this article, Americans (and Americans-at-heart) will insist that Texas was annexed by joint resolution and not the Treaty of Guadalupe Hidalgo, since this underpins their belief that Hawaiʻi was annexed by joint resolution.

This unchallenged chain of assumptions, in turn, is a major factor underlying the belief that the TMT project has been legally approved for construction under American laws. However, by a score of 57 to 1, the data provided by customary international law fails to support the alternative hypothesis that the Hawaiian territory was annexed to the United States. In turn, these data invalidate the administration of U.S. laws in the Hawaiian territory.

Conversely, the data fails to reject the null hypothesis that the Hawaiian State has not been extinguished from its territory. Therefore, it cannot be concluded from customary international law that Hawaiʻi is part of the United States. Since occupation exists in the absence of annexation, and since both are mutually exclusive, the USA is in Hawaiʻi and not the other way around. In other words, Hawaiʻi is not part of the United States—nor has it ever been—without a treaty of cession.

Consequently, construction of the TMT would be classified as a war crime under international law through “extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly,” which is one of the grave breaches specified in the 1949 Geneva Conventions.

Data Set & Referencesgoo.gl/d6Ra2B

Author Bio

Keokani MarcielKeokani Marciel is a lifelong aloha ʻāina (Hawaiian patriot) and kanaka ʻōiwi (aboriginal Hawaiian) who holds a B.S. in Nutrition Science from the University of California at Davis, and an M.S. in Exercise Science from California University of Pennsylvania. In 2008, Keokani made a career change to mathematics education, and is now beginning an actuarial career. With his background, he brings a quantitative and scientific outlook to the discourse regarding the legal status of Hawaiʻi as an occupied nation-state.

Hawai‘i Law Professor Provides Clarity of Dispute on Mauna Kea to UH Board of Regents

Williamson_ChangTestimony of Williamson B.C. Chang, Professor of Law, April 16, 2015 at a meeting of the University of Hawai‘i Board of Regents, University of Hawai‘i at Hilo.

Honorable Board of Regents:

I have had the honor and pleasure to serve as a Professor of Law at the University of Hawai’i for the last 39 years. I have served the University and the community well. I am also grateful for the opportunity to serve and work in the University.

Let me start by saying this: I know a place, I know a country where there would never be a question whether to build an eighteen-story thirty meter telescope on the summit of Mauna Kea. That country, that nation is “Hawai’i.”

Before 1893, it would have been unthinkable that the Government of the Kingdom of Hawai’i would ever conceive of such a plan. Yes, Kalakaua loved astronomy. All Hawaiians loved the stars. However, they loved Mauna Kea even more. Mauna Kea is “sacred” it is the Sky-Father it is the essence, the beginning of the creation chant of the Hawaiian people. All Hawaiians, all Islands, even Taro are descendants of Mauna Kea.

Mauna_Kea_Telescopes

When I say “Mauna Kea” is sacred, I do not mean to use “sacred” the way most people use that term. I mean “sacred” not in the same sense of worship. I use “sacred” in the sense of “precious” and “so important that nothing else counts”—I apply it to those things and people that we care so much about that we would do anything, even flout and break the law, to preserve their existence.

The child of a parent, especially a young child is “sacred” in this sense. So are parents to their children. So are grandparents. Even the family pet is “sacred.” If your house was burning down would you risk your life to go into the burning house to rescue your children, your mother, your grandparents, even your beloved dog or cat? Would you go even if forbidden by first responders, firemen or policemen? Yes, many of us would go without hesitation–without thinking of the consequences. Would you give a kidney to save or extend the life of your child, your brother, your uncle? Would you spend all of your money to save a loved one from cancer? from Lou Gehrig’s disease or from a life in prison without parole? Yes, we all would.

Moreover, we praise such emotions and desires of others who make such sacrifices every day. We understand the soldier who sacrifices himself by instinctively jumping on a grenade. We understand the parent or grandparent who gives all their money to see their child or grandchild through college.

Whether one worships Mauna Kea or not, whether one considers it “sacred” does not matter as much as understanding the instincts that drive those to defend and save Mauna Kea—much as one would understand the absolute love for a child, or a parent even if such acts break the law.

When we see the instinct of family, of brotherhood, of sisterhood of love for mankind in others we celebrate that—we gravitate to that. We love and defend Mauna Kea because it reminds us what makes us human. Sacred is not necessarily a place. It is a relationship, a deep visceral relationship: beyond reason, beyond law, beyond rationality.

The Mauna Kea movement is a movement that has grown because of young people. They live in new confusing world themselves—a world of cognitive dissonance. That is they live within an outright contraction—a Hawaii in decline where there is nothing they can do. They see their world being attacked and destroyed, its water taken, its plants doused with foreign chemicals, its agricultural lands disappear in the name of gentlemen farmers, its open lands used for artillery practice, and its shoreline becoming high-end condominiums that only rich foreigners can afford.

Mauna Kea Protectors 1

Moreover, to the young, Hawaii is unlivable, there is no viable future: There are no places to rent, no jobs that fit their training, no money for retirement and the endless, life-sapping traffic congestion. And now an eighteen story telescope on Mauna Kea!

TMT telescope

It would never be built on other sacred sites: not over the Western Wall, the Dome of the Rock, Angor Wat, Gettysburg, Arlington, or the Arizona Memorial? No one would think of putting a pair of glasses on the eyes of God. Why then, Mauna Kea? We, and our youth are inundated today with the attacks on the treasures of the earth and why?

So, what happened to this “nation” called Hawai‘i, where Mauna Kea was loved and adored? Hawai‘i was a nation, that by a series of events, starting with an overthrow in 1893 and ending with annexation in 1900, by which another nation, the United States, forcefully took the sovereignty of Hawai‘i.

What do I mean by that?—to take one nation’s sovereignty? Sovereignty is the monopoly of a government on the legitimate use of violence.

By that I mean the State, the police and DLNR are the only ones today who can do so-called “legal” violence to Mauna Kea. Similarly, the police of Hawai‘i County and the officers DLNR are the only ones who can use the violence of arrest and jail or fine to force down the protectors of Mauna Kea. Protect the mountain and you go to jail. It is legal. It is called law. It is a power possessed only by the sovereign of a nation. There once was a time in Hawaii when that monopoly on the use of legal power protected not defiled Mauna Kea.

In 1893 and 1900 a new Nation took over in Hawai‘i—a new nation with new rules. These were new rules that had the power to interfere with our very human, emotions and instincts, instincts derived over time from our kupuna, our ancestors and the culture of this nation of Hawai‘i. Hawai‘i has changed.

Today, government has the legitimate power to do violence to families as well. Government agencies can take a child away from a parent. Government agencies can put a Hawaiian in prison for the smallest of offenses—denying him or her freedom and the chance to be with and raise their families. The world of Hawai‘i has been turned upside down.

The answer lies in power, that is law—the shift over their lives by which all is reversed.

In 1898 the United States, by Joint Resolution took the nation of Hawai‘i. I am a legal historian. In the appendix attached I show my work—that concludes definitively that the joint resolution had no such power. It was impotent, it was an act of Congress not a treaty. It could no more take Hawai‘i by a law then Hawai‘i by a law could take America.

It was a fraud—it created a disease that spread, a malaise we all suffer—called the myth of annexation. We all believe we are part of America, we all act as if that were true. We have been taught that way. We follow the lead of others who act that way.

The truth is that the joint resolution did not give to the United States the monopoly on the use of legitimate violence—a violence to build on Mauna Kea, the violence to arrest those who seek to stop that building. Most of all the University claims Mauna Kea by lease—a lease derived from the Joint Resolution.

It is said that the Joint Resolution gave Mauna Kea to the United States, which gave it to the State, which gave it to the University. As a matter of law that is false. It is a lie. The University has no power over Mauna Kea. It cannot build, it cannot give permits, it cannot arrest us.

The mass of young people are here today in protest because we live in a world of cognitive dissonance. They live in a world where they are learning, at the University about the truth of the Joint Resolution, which gives no power, no sovereignty to the state. Outside of their classes they see the State taking what they love—preventing them from running into the burning house to save their Mauna Kea, their father, their sky-father.

And this dissonance makes them ill. It makes our youth sick. It is a crisis that creates mental illness. In short, to build on Mauna Kea is to cast a sickness throughout these islands, a sickness and sadness, not only on Native Hawaiians but on all people who live here.

I have included an appendix, taken from my work, which speaks to the myth of annexation and demonstrates that the Joint Resolution had no capacity to take the Nation of Hawai‘i. I will place this testimony and my appendix on my “Scholar Space” at Hamilton Library, the University of Hawai‘i at Manoa, under my name. This is the link to that site.

Mahalo and Mahalo Ke Akua.
Williamson Chang
Professor of Law

Hawai‘i Law Professor Says Justice Scalia Lacks Constitutional Knowledge

A joint resolution of Congress doesn’t empower the United States to acquire another country. Only a treaty can do that.

Professor Williamson Chang of the University of Hawai’i Williams S. Richardson School of Law as a contributor previously published this article in Civil Beat. Professor Chang has allowed this piece to be posted on this blog. Williamson Chang is a professor of Law and member of the faculty senate at the University of Hawai‘i at Manoa. Professor Chang has been teaching at the University of Hawai‘i School of Law for 37 years. He specializes in water rights, Native Hawaiian rights, the legal history of Hawai‘i and conflict of laws.

Antonin_ScaliaIn Civil Beat recently, Justice Antonin Scalia, associate justice of the U.S. Supreme Court, made two critical points on the annexation of Hawaii: First, he stated that a joint resolution of the United States could acquire the territory of Hawai‘i — a foreign, sovereign and independent nation state. Second, he stated that the Constitution permitted the use of a joint resolution instead of a treaty.

He was wrong on both points.

First, a joint resolution is merely a law, an act of Congress. It has no power to acquire the territory of a foreign, sovereign state. If such a thing were possible, Hawai‘i itself could have, by an act of its Legislature, acquired the United States. Second, the only mode by which the United States could acquire Hawai‘i, an independent and sovereign nation like the United States, would be by treaty.

Second, the acquisition of Hawai‘i by a joint resolution of Congress would undermine the Constitution. The use of a joint resolution in place of a treaty would be an “end run” around an enumerated power — the power over foreign affairs that is delegated solely to the president and the Senate. The House has no power as to foreign affairs and does not vote on or ratify treaties.

Moreover, the use of joint resolution to accomplish a treaty with a foreign sovereign undermines the super-majority required of the Senate as to the ratification of treaties. The Senate must ratify such measures by a two-thirds majority of those Senators present.

This is made clear in the U.S. Constitution, Article II, Clause 2: “[The President] shall have the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur …”

William_McKinleyThe inability of President William McKinley to garner the necessary two-thirds vote in the Senate to ratify the Treaty of Annexation of 1897 led the administration to seek annexation by a mere act of Congress — a joint resolution. The administration could pass a joint resolution but not a treaty. This is precisely why McKinley attempted to annex by joint resolution.

Many are ignorant of or deceived about the joint resolution and the acquisition of Hawai‘i. Many do not know the specifics of Jacob Akithe U.S. Constitution or the history of Hawai‘i. Yet, we expect more from Justice Scalia, for he has great power over the future of Native Hawaiians. His exchange with Jacob Bryan Aki, as published in Civil Beat, showed a surprising lack of constitutional knowledge. Aki, a Hawaiian student at George Washington University, asked Justice Scalia the following question during a class visit to the Supreme Court on Feb. 11:

“Does the Constitution provide Congress the power to annex a foreign nation through a joint resolution rather than a treaty?”

Scalia answered by first turning the question back at Aki.  “Why would a treaty be needed,” he asked. “There is nothing in the Constitution that prohibits Congress from annexing a foreign state through the means of a joint resolution. If the joint resolution is passed through both the U.S. House and Senate, then signed by the president, it went through a ‘process.’ ”

ALLEN,_William_VincentLet us pretend that Scalia was on the floor of the U.S. Senate in the summer of 1898. Sen. William V. Allen of Nebraska and others would have reminded him that a joint resolution is only an act of Congress. It has no power to reach out and acquire foreign territory or a foreign country.

“A joint resolution if passed becomes a statute law. It has no other or greater force. It is the same as if it were entitled ‘an act.’ That is its legal classification,” said Allen. “It is therefore impossible for the government of the United States to reach across its boundaries into the dominion of another government and annex that government or the persons or property therein.

“But the United States may do so under the treaty making power, which I shall hereafter consider.”

In addition, Allen said, “Mr. President, how can a joint resolution such as this be operative? What is the legislative jurisdiction of Congress? Does it extend over Hawai‘i? May we in this anticipatory manner reach out beyond the sea and assert our authority under a resolution of Congress within the confines of that independent nation? Where is our right, our grant of power, to do this? Where do we find it?

“The joint resolution itself, it is admitted, amounts to nothing so far as carrying any effective force is concerned. It does not bring that country within our boundaries. It does not consummate itself.”

Thomas_B._TurleyMoreover, Sen. Thomas Turley of Tennessee stated:

“It is admitted that if the Joint Resolution is adopted, the Republic of Hawai‘i can determine whether or not it will accept the provisions contained in the joint resolution. In other words, the adoption of the resolution does not consummate the transaction.

“The Republic of Hawai‘i does not become a part or the territory of the United States by the adoption of the joint resolution …”

John_Coit_SpoonerSen. John Coit Spooner of Wisconsin added his view: “Of course, our power would not be extraterritorial.”

Sen. A.O. Bacon of Georgia made the same point: “Under the Sen Augustus Baconlaw of the equal sovereignty of states, one independent and sovereign nation such as the United States cannot take another nation, such as Hawai‘i, by means or its own legislative act.”

Bacon noted that if the United States could take Hawai‘i by joint resolution, it could so take Jamaica. If that were true, any nation could acquire any other. Hawai‘i could annex the United States. “If the President of the United States can do it in the case of Hawai‘i, he can with equal propriety and legality do it in the case of Jamaica …”

Sen Stephen WhiteSen. Stephen White of California noted annexation by joint resolution was unprecedented: in American history: “… there is no instance where by a joint resolution it has been attempted not only to annex a foreign land far remote from our shores, but also to annihilate a nation, to withdraw it from the sovereign societies of the world as a government.”

On the issue of the constitutionality of the use of a joint resolution, Bacon made it clear: Hawai‘i could only be acquired by a Treaty. “If Hawai‘i is to be annexed, it ought certainly to be annexed by a constitutional method; and if by a constitutional method, it cannot be annexed, no Senator ought to desire its annexation.”

Finally, Bacon — one of the most senior members of the Senate — predicted that the annexation of Hawai‘i by joint resolution would do great damage to the Constitution and the Union.

“If we pass the joint resolution, we enter upon a revolution which shall convert this country from a peaceful country into a warlike country. If we pass the resolution, we transform this country from one engaged in its own concerns into one which shall immediately proceed to intermeddle with the concerns of all the world.

“If we pass the joint resolution, we inaugurate a revolution which shall convert this country from one designed for the advancement and the prosperity and the happiness of our citizens into one which shall seek its gratification in dominion and domination and foreign acquisition.”

Native Hawaiians have forgotten that many Americans stood with them in 1898. After all, the Treaty of 1897, the only legal means for taking Hawai‘i, failed not because the Senate of the Republic of Hawai‘i failed to ratify the Treaty. It was the United States Senate that did not ratify the Treaty.

In conclusion, the joint resolution could not acquire Hawai‘i. Moreover, it was unconstitutional. Justice Scalia’s comments are evidence of the pervasive and widespread falsehoods as to annexation that have spread to the highest political and judicial offices in the United States. The myth of annexation is a deliberate deception that has oppressed the people of Hawai‘i for 122 years.

Historic quotes above are from Volume 31 of the Congressional Record pages 6142 to 6712, the verbatim record of the Senate debate in 1898.

Hawaiian Language Competition and Concert

Keauhou, Kona Kai ʻŌpua, Hawaiʻi
For Immediate Release
March 11, 2014

PŪNANA LEO O KONA HOSTS ITʻS SECOND ANNUAL HAWAIIAN LANGUAGE COMPETITION AND CONCERT

Free Event celebrates and honors Hawaiian language and Queen Liliʻuokalani

Pūnana Leo o Kona, a Hawaiian Medium Education preschool and Keauhou Shopping Center present the Second Annual ʻAha Aloha ʻŌlelo, a free family event on Saturday March 14, 2014 from 9:00am to 4:00pm at the Keauhou Shopping Center (center courtyard area).  This yearʻs free event offers a Hawaiian language competition among Hawaii Island residents and schools as well as a lineup of great Hawaiian music featuring Jon and Jamaica Osorio, Kalani Peʻa, Bulla Kaʻiliwai and Hāwane Rios.  There will be food booths, a Keiki Land that includes bouncers, slides, a petting zoo, games and much more as well as an awesome lineup of vendors, including Wahine Toa and Living Hula.

The Hawaiian Language Competition, themed “Ma Hope Mākou o Liliʻulani”, will feature students and residents of Hawaiʻi Island giving speeches in Hawaiian language based in the time of Queen Liliʻuokalani.  Students will be “tasked” with taking the 38,000 signatures gathered in 1897 by Hawaiian patriots, such as James Kaulia, David Kalauokalani, Abigail Campbell and Emma Nāwahī, and deliver them to the United States Government and present their own testimony as to why Queen Liliʻuokalani should be restored to the throne.  Students will also present memorized speeches of Kamehameha as well as the aforementioned Kaulia and Queen Liliʻuokalani.  The competition will also feature a singing portion where students will sing songs either composed by or for Queen Liliʻuokalani or a song that honors her, as well as a chant and dance portion where they will present an oli and hula of their land.

Prior to 1822, Hawaiian language was only an oral language, having no form or system of writing and reading.  Traditions and information was stored in memory and passed down from generation to generation, through stories, songs and chants.  In 1822, however, a system of writing for Hawaiian language was created and by 1840, Hawaiʻi was nearly universally literate, with a literacy rate of 97%, making Hawaiʻi the most literate country in the world when it was recognized as a sovereign and independent country by France and Great Britain through the signing of the Anglo-Franco Proclamation on November 28, 1843 at the Court of London.  Hawaiʻi had maintained this amazing and incredible literacy rate until not too long after the illegal overthrow of Queen Liliʻuokalani in 1893.  After the illegal and provisional government took over, they began to institute many forms of denationalization and Americanization of Hawaiians.  One of the many settings that this took place in was the educational system.  In 1896, the provisional government banned the use of Hawaiian language in all public schools and many, many students were punished, physically, for speaking Hawaiian in schools.  This began the decline in literacy among Hawaiians as well as caused the Hawaiian language to nearly go extinct.

In 1897, the provisional government attempted, again, to annex the Kingdom of Hawaiʻi to America, but President McKinley was unable to garner enough votes from the Senate to pass a Treaty of Annexation.  This was in large part due to the 38,000 signatures gathered by the Hawaiian patriots listed above.  It is important to note, too, though, that Queen Liliʻuokalani wrote her own letter of protest to President McKinley in 1897 that has come to be termed the “Red Ribbon Letter”.  Due to their inability to get enough votes for a treaty, in 1898 Congress passed a Joint Resolution, claiming to annex Hawaiʻi to America.  A Joint Resolution, though, is merely a domestic law that holds no authority outside the boundaries of its governing territory and therefore has no ability to annex an independent and foreign country, meaning that to this day, Hawaiʻi remains an independent country under a prolonged and illegal military occupation by the United States of America.  This yearʻs ʻAha Aloha ʻŌlelo aims to bring awareness to this point in Hawaiian history and its ramifications that continue to be felt today.

Pūnana Leo o Kona is the only Hawaiian Medium Education pre-school in Kona, Hawaiʻi.  Established in 1994, Pūnana Leo o Kona just celebrated itʻs 20th anniversary last year.  Pūnana Leo o Kona is one of 11 preschools operated throughout five islands by ʻAha Pūnana Leo, a non-profit 501©3 organization founded in 1982 to revitalize what was then a dying and nearly extinct language.  In 1982, it was estimated that less than 50 people under the age of 18 were able to fluently speak Hawaiian.  Today, the Hawaiian language continues to grow and expand as ʻAPL has graduated 4,255 families since 1984 including 237 in Kona since 1994.  Today there is an estimated 8,000 fluent Hawaiian language speakers.

E OLA KA ʻŌLELO HAWAIʻI!

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For more information, contact:
Pūnana Leo o Kona
tel:1-808-936-4249
mailto:kahookahi@ahapunanaleo.org
Facebook: ʻAha Aloha ʻŌlelo
Twitter: @alohaolelo

Aha-Aloha-Olelo-11x17

Canadian Television Series Native Planet – Hawai‘i

https://www.youtube.com/watch?v=bb56Gjc2p5Y

Host Simon Baker of Canada’s television series Native Planet travels to Hawai‘i and uncovers the legal history of Hawai‘i as an independent and sovereign State under an illegal and prolonged occupation and the impact on Hawai‘i’s people. This is a reposting of the video that was posted on this blog in October 2014 due to requests to repost. If you are having trouble viewing this video you can view the video on Youtube by clicking here.

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.”

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.