Hawaiian Nationality and the Law of Occupation

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

Under Hawaiian law, nationality can be acquired four ways:

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

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

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

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

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

25 thoughts on “Hawaiian Nationality and the Law of Occupation

  1. Mahalo Keanu and Members of the Hawaiian Kingdom Government… for distinguishing NATIONALITY, as Hawaiian Subject and NOT as Hawaiian Citizen!!!
    Aunty Ceci & Uncle Francis—Pukuilua, Hana-Maui

  2. Aloha Coz Keanu, Mahalo for Info. I used to visit the Ohana, in Kulioo, with my Tutu Man, John Kealoha Nihi Sr.! He worked for the Board of Water, he always told me, this was Ohana. I remember the last time we met, on Kauai, after a gathering. We shared some Ox tail soup, before you had to catch a plane home. And Aunty Nani Rogers dropped you off at the airport. And at that time, I was the IBEW Union rep. at Barking Sands, and worked with Uncle Hank Reeves. You know we saved the Base from closer, over 1000 jobs were saved. The locol people working together, did it! The Corp. Co. did not help, and the Navy also! Well it is history! Ahui hou!

  3. Mahalo for this knowledge, it is important for all of us to know!!!

    From my alien perspective I’m doing the best I can to plant these seeds of knowledge in my fellow Ha’ole brothers, so we can do the first step to be accountable for the war crimes.

    I think if we stole something, it is not appropriate to wait for the victim to repair our mistake, we have to be the ones making the first step with helping you rebuild your institutions and facilitate the transfer.

    So an important question that keeps popping when I talk to my fellow American occupiers living in Hawai’i:
    To help the movement gain momentum, would it be possible this year to make naturalization requests as aliens to become Hawaiian Kingdom National if lived here 5+ years? And would it be required to give up the US citizenship?

    PS: as a web specialist, I urge you to add an SSL certificate to your website. Because of lack thereof, it shows a “not secure” alert in browser bar and your ranking is now negatively impacted in Google 🙁 People need to find this info, so please call your web hosting company (around $50/year).

    • I cannot speak for our H.K. Government, but I can say in general that the thought does occur to me that there will be deportations of these aliens. Especially the Americans; considering that under the Laws of Occupation, the Occupying Power cannot transfer members of its own population into the territory it occupies. We will see what happens when the time is right. However, should any alien want to become a Hawaiian subject, they are going to have to EARN that privilege! And simply saying they want to become Hawaiian subjects because of the so-called “Aloha Spirit” will never cut it! They all have to follow the H.K.’s Laws of the Naturalization of Foreigners (Civil Code Title 2, Chapter VII, Article VIII).

      • Not speaking for the HK Government but speaking as a Hawaiian Subject. We have rights do we not? Does the government solely decide who comes and stays? Do they not seek our (Hawaiian Subject) opinions.. or ask for our consent as Hawaiian Subjects? What If I don’t want no dam immigrants here? It’s not like I own a big farm and can use the cheap labor. Aboriginal Hawaiians should always be the majority in their own country just like Japan, Korea etc.

        • Of course we do. If you read the Constitution, we certainly do have rights (free speech, freedom of assembly, rights to Habeas Corpus, etc). And also, if you read the Laws of Naturalization, it states who is eligible to become Hawaiian subjects and who cannot.

          Certainly anyone who has no breath, no intelligence, and who will go against our national way of life will not be accepted one way or the other.

          • Let’s forget about the Laws of Naturalization (5 years residency, oaths of allegiance etc) the fact that they reside in the HK and possibly will remain (assuming as aliens) is a threat to me (an Aboriginal Hawaiian) and possibly a threat to the government and the country itself (overthrow? Deja Vu?). These illegal aliens run the economy and institutions…. there the judge, the politician, the police officer, the teacher, the farmer etc. Also must I still compete for that job I always wanted against these aliens? Now I remember why my family and I moved to California.The immediate change in Hawaii will most likely be the administering of HK law and than the HK government and not necessarily the people alien or native.

            An individual here and an individual there becoming naturalized is not a big problem too me. A family here and some refugees there is not a problem either. But 1 million people or even half that….. is simply absurd. NO WAY especially considering your country’s population is less than 400,000 people. How would Americans (320 million people) feel If 700 million Chinese resided in America as aliens today and their children natural born citizens tomorrow? There would be riots on the streets and fearmongering propaganda all over the mainstream media.

            If you’re trying too convince me that the HK will most likely not naturalize 1 million people because of it’s difficult evaluation and process, that idea is irrelevant too me. You miss the bigger picture… what about their unborn children? If the Occupation ended today… their unborn children will be Natural Born and their children’s children after them. I am very concern, I don’t want this… I don’t want to be a minority (race/ethnic) in my own country. Maybe I’m just being pessimistic but considering the effect the economy will most likely have if the thought of mass deportations were put into effect… than I don’t see it happening at all maybe at a bare minimum… no good criminals and whatnots.

  4. The percentages would not be exact compared to 1890. The number of children born in each generation since would certainly affect the outcome. Would it be similar to 84% and 16%? Sure, but not exact. The census today doesn’t ask people if they’re non-aboriginal descendants of Hawaiian subjects, does it? So how does one possibly know the precise numbers of non-aboriginal Hawaiian subjects today without that question on a modern census? Additionally, you also have to take into account how many aboriginal and non-aboriginal Hawaiian subjects had children together in the last 125 years. That would also affect the percentages.

    • Over the last 125 years, it is absolutely possible that a large amount of the 7,485 individual non-aboriginal Hawaiian subjects of 1890 to have descendants today who are aboriginal Hawaiian subjects. That affects the percentages compared to a scenario where they would otherwise have non-aboriginal Hawaiian subject offspring. It is absolutely possible that in the 1890’s to the early 1900’s that 100% of the 16% of 1890 to have had children with aboriginal Hawaiian subjects, which would, hypothetically, make the aboriginal Hawaiian subject percentage at 100% today, not 84%. There are so many factors that come into play!!!

  5. In my humble opinion the math is secondary to the fact that the law of occupation provides protection for the (Hawaiian Subjects) national population to be the majority. Regardless if the aliens are a larger % of the population they have no participation in Government and voting rights. #Got Hawaiian Subject Parentage? #It’s not racial it’s the Law.

    • What about their children becoming natural born JUS SOLI (when the HK is restored)? Were talking 900,000 plus aliens here and their unborn children… such a massive number that will only keep growing. What about job security for Hawaiians? Criminal aliens committing crimes towards Hawaiian subjects? Should the HK allow and/or tolerate these consequences? Why not give aboriginal Hawaiians time to re-populate the Kingdom? Aliens are the majority with limited rights in the HK… and there children (jus soli) will become the majority in an aboriginal Hawaiian majority Kingdom. What and/or how do you think the HK government should deal with this problem… nobody seems to be talking about this. Who cares about the current percentages…. they will only become naturalized and natural born anyway.

      • Those issues regarding illegal aliens can be addressed through new legislation of HK national laws. The more immediate concern would be the wolves in sheep’s clothing. These are the ones that posses Hawaiian Subject parentage on the outside but are pro U.S. on the inside. Know anyone like that?

        • Sure, what do you think should be done? What are your exact concerns about that? Also how do you think American citizens should be treated by the HK government?

          Sorry for asking a bunch of questions… I ask you cause I’ve read a lot of your comments and seen how actively engaged you are on this blog. Mahalo.

        • Aloha,
          I believe education will continue to be a key factor. Although statistically smaller in population the status quo is maintained. We all know how the MSM can turn its destructive attention towards anything they don’t like. It will be up to each po’e aloha aina to exemplify comprehension in domestic as well as international matters we know to be true.
          If it is so that the smaller controls the larger then the only obstacle for the smaller is the effective use of control.
          With all the named Nominal Respondents in the June 2018, Writ of Mandamus, we are at the precipice of global dominion.
          However, responsibility must accompany power to be effective!
          I agree, lets keep an eye on the wolves, perhaps the descendants of those who took part in the hewa of 1893 and utilize our system of governance to keep them in check.

  6. I hope a HK gov’t would be cognizant of the rule of Law when applying it appropriately to all people including U.S. citizens. It’s important we elect qualified people that can correctly address these concerns lawfully as they secure our borders in the interest of the HK and it’s subjects.

  7. The international community should certainly understand if the Hawaiian Kingdom should suspend the Law of Nationalization for at least 125 years as we try to avoid a new surge of genocide upon us. Too, I’m all for DNA testing. Some people”s word is just not good enough. Then, too, no one should take the oath of citizenship without going through the same thing we’re doing. I have told so many people about becoming educated. I can’t think of one of them that took me up on it. Poho.

    • Aloha auntie, I believe we do not need the understanding of the International community when dealing with naturalization. Naturalization is a national or domestic law that the HK gov’t controls.
      DNA testing is not needed to prove parentage. A person may have Hawaiian DNA but what if that person’s great grandparents gave up their HK nationality and were naturalized as British subjects and their decendants were born in London and are British Subjects that have no allegiance to the HK and have no intentions of swearing their allegiance to the HK. On the other hand you have a pure Chinese person born in Hawaii who can prove his great grandparents were naturalized HK subjects and he/she pledges their allegiance to the HK. Don’t think DNA matters at that point. MHO

  8. What was the outcome during the restoration of the Baltic States? How did the resolve their 50 year occupation? I’m pretty sure their gates were flooded with Russians.

    I am concerned with the majority being aliens in my country at the time of de-occupation. I also have other concerns as well. Any mana’o is welcomed.

    Me ke aloha

  9. Aloha, Kaulana. Well I do understand your concern in general about aliens making the Hawaiian national population a minority and I do not blame you. I agree; I do not want aliens ruining the Hawaiian national way of life. They either can assimilate into our national identity, embrace and respect our laws and ingenious culture, and press their loyalty to the King, or I do not want them here and under those circumstances, I think others would agree!

    And I will say this: I don’t think one million aliens are going to get naturalized here. Not because it may be difficult into processing them into Hawaiian subjects, but because a majority of them are not supposed to be here. One great example is the U.S. Armed Forces. After this occupation comes to end, they are going to have to leave and I’m sure they’ll take their families with them. Plus also, other members of the population are going to voluntarily leave Hawai’I simply because they cannot fathom what has happened and they feel like they do not want to live here because of that. So honestly there is no doubt one million aliens will stay here and get naturalized; that is not going to happen. Even though we all have yet to know how the de-occupation will play out, those aliens also comprised of the U.S. Armed Forces, which are not supposed to be here in the first place.

    • Aloha Iolani, I agree that 99% of aliens are here illegally. Humanitarian Law and HK law prohibits them from obtaining citizenship. Like wise I would proffer the same goes for their offspring. A right cannot be claimed when it is born from an illegal act.

  10. Let us continue our accurate account with kapu aloha attributes. As a descendant of the Hawaiian Kingdom my piko finds my journey to be involved, active always including keakua spirituality a kanaka trait generation thru the meridian of time.
    Let us know where, who, when and why? Mahalo nui loa. Onipa’a.

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