Kamau a Ea 5: Hawaiian Governance Symposium -- Francis Boyle

The Kāmau a Ea series of governance events have sought to engage
leaders of Hawaiian self-governance initiatives in collective efforts to
rebuild a Hawaiian nation. See video at
https://www.youtube.com/watch?v=UIm40wpy-Ks&feature=em-
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© Copyright 2014 by Francis A. Boyle.  All rights reserved.

   Thank you and Aloha.  I am very happy to be here today speaking with you.  And
I have one simple message that I want all the Kanaka Maoli to understand: There is
a Convention coming up and I am asking all 135 thousand Kanaka Maoli on the list
to go to this Convention and vote to restore the Kingdom of Hawaii.  It’s so simple I
want to repeat it: All 135,000 of you go to the Convention and vote to restore the
Kingdom of Hawaii that was illegally stolen from you by the United States
government in 1893.  It’s that simple.  

   You are the Kanaka Maoli.  You are a people with the right of self-determination
under international law and you are the only people in Hawaii with this right of self-
determination.  No one else has it, only you, the Kanaka Maoli.  And as a group of
135,000 people, you must go to this Convention and exercise your right of self-
determination, to restore the Kingdom of Hawaii.  This is your right of self-
determination, go out and do it.  This is what self-determination is all about.  No one
is going to give you your Kingdom.  You must do it yourself.

   Now yesterday, Bumpy Kanahele and I had a press conference in which Bumpy
announced that he and his Ohana are going to the Convention and he, Bumpy, is
going to make a motion to restore the Kingdom of Hawaii and to establish a
provisional government of national unity for it.  I want everyone to go to that
Convention and vote to restore the Kingdom of Hawaii and to establish a provisional
government of national unity.  

   We have the Kingdom.  It was never lawfully terminated in the first place.  The
United States government illegally attacked and invaded the Kingdom of Hawaii in
violation of several treaties that Hawaii had with the U.S. promising perpetual peace
and amity -- that meant forever -- and those treaties were violated.  

   And despite what the previous speaker said, that this did not violate any
intertemporal rule, the rule of international law at that time was: treaties must be
obeyed.  And they weren’t.  They were violated.  And even the United States
government’s own Constitution expressly said in Article 6 that treaties are the
supreme law of the land.  And in 1893 the United States government violated those
treaties and violated its own Constitution.  Nothing could be clearer.  It also
committed an act of war against the Kingdom of Hawaii in violation of its own
Constitution.  

   Under the laws of war, the United States government is nothing more than the
illegal belligerent occupant of the Kingdom of Hawaii, pure and simple.  Nothing
more than that.  And the state of Hawaii is nothing more than the civilian arm of
these military occupation forces.             Under the laws of war at that time, the
belligerent military occupation forces of the United States obtained no sovereignty
over the Kingdom of Hawaii.  Sovereignty always remained with the Kingdom of
Hawaii.  That’s black letter laws of war.  

   The Kingdom of Hawaii was and still is the displaced sovereign.  It is still there.  It
has never been terminated.  It still exists as a legal entity.  But we must restore it.  
And that can only be done by you, the Kanaka Maoli as a people with the right of
self-determination going to this Convention and voting overwhelmingly,
unanimously, all 135,000 of you, must go and vote to restore the Kingdom of
Hawaii.  And when you do that, there is no way anyone in the world can deny your
sovereign will!

   Now, when you get there to this Convention, and you vote to restore the Kingdom
of Hawaii, we have to have a government.  A state must have a government to
govern it, both internationally and domestically.  And that is why I am recommending
that the second act at this Convention would be to establish a provisional
government of national unity for all Kanaka Maoli, all of you, even those who did not
show up at the Convention.  I understand that many of you have good-faith
problems with going to this Convention.  Fine.  My advice is in this book, which was
just published, Restoring the Kingdom of Hawaii, explaining step-by-step why and
how I think you can do it.  I encourage you to read the book.  But if you don’t want to
go, don’t go.  But I am encouraging all 134,000 of the rest of you to go and to vote.  
And don’t go there to establish an Indian reservation.  We don’t want an Indian
reservation.  That’s a one-way path to extermination.  We want our Kingdom of
Hawaii back, not an Indian reservation.  

   It’s very clear if you read Act 195, the people who drafted it thought: “well, we’re
going to try to turn the Kanaka Maoli into an Indian tribe with an Indian reservation.”  
But if you read 195, it says nothing about the ultimate outcome.  It’s clear, as I
analyzed in my book, instead you can go there and vote to restore the Kingdom of
Hawaii.  

   The hell with their Indian reservation!  How dare they come in here and tell us
Kanaka Maoli -- and I was adopted into the Ohana Council by Bumpy years ago --
how dare anyone tell us that we’re going to become an Indian reservation, with all
due respect to the Indians.  They have a lot of problems of their own.  But we, out
here, are Kanaka Maoli, we have the Kingdom of Hawaii.  It’s still there as the
displaced sovereign and we need to restore the Kingdom of Hawaii.  But we have to
have a government.  

   We have to have a government to run the Kingdom, to govern the Kingdom, for
all Kanaka Maoli.  Those at the Convention, those not at the Convention, those in
the Diaspora, and to set up a government and move forward from there.  And in my
book I trace out all the elements, the legal arguments for why you can do this.  

   And I did work for President Landsbergis on the restoration of the Republic of
Lithuania.  If the Lithuanians can do it, we can do it too.  Why not?  If the Estonians
can do it, we can certainly do it.  What’s the difference between them and us?  
None, that I’m aware of.  

   And also the work I did with the Palestinians.  In 1987 I told the Palestinians: Set
up your own state, declare independence, and move forward, to raise your
diplomatic recognition and ultimately to membership in the United Nations
Organization.  I am telling you the same thing!  Today the state of Palestine, this
week was recognized de jure by Sweden, that’s 135 states, took 26 years, but we
did it.  And on November 29, 2012, the United Nations General Assembly
recognized Palestine as an Observer State.  Just like Switzerland was before
Switzerland became a full-fledged U.N. member state.  

   Well, we can do that too.  But to do that we have to restore the Kingdom of Hawaii
first.  And then we have to set up a provisional government of national unity --
exactly the way I set it up for the Palestinians where they too have a provisional
government to govern their affairs internationally.  And that’s exactly what we can do
with very successful precedents of both the Palestinians and the Lithuanians.  

   And in our case we’re going to have it easier than the Palestinians did, because
they had to start out de novo from the beginning.  They did not have a preceding
state like we do, the Kingdom of Hawaii, and the legal continuity is still there for us.  
The Kingdom has just been displaced, not destroyed by the United States.  It’s
called a displaced sovereign.  The Kingdom is there, we have to work to restore the
Kingdom of Hawaii, and only you, the Kanaka Maoli, can do it, though of course with
support from your colleagues and friends who are now not Kanaka Maoli.

   Once this is done, you’ve restored the Kingdom of Hawaii, and then you have a
provisional government of national unity for it, you must build up that state, the
Kingdom of Hawaii, from the ground and the seas of Hawaii on up and out.  You
must provide for basic health care and education and food and housing and
everything else for your people that the Kingdom of Hawaii and any other state must
do.  But you already have the basic infrastructure here to do that.  Bumpy and I
were talking about that yesterday.  You have one trust for the education of Kanaka
Maoli children.  That’s your Department of Education right there.  They educate
your children.  You have another trust for land, Homestead Act, that provides for
your homes.  Health care, you have a hospital and a trust there.  

   So you go through all these trusts you already have out here for Kanaka Maoli
and there the laws will work for the Kingdom to provide everything you need for your
own people.  Again, you build the state, the Kingdom, from the ground up.  Exactly
what Bumpy has been doing out there at his Village, building the Kingdom of Hawaii,
from the ground up and we need to do that all over the islands.  All over Hawaii,
build the Kingdom from the ground up.  

   In addition, then, what you’re also going to have to do, this provisional
government of the restored Kingdom of Hawaii, at the same time is to work outward
to get diplomatic recognition from other states.  Again, this is exactly what the
Palestinians have done.  They have built up their state from the ground up in
Palestine by providing food, health care, education, police services, administration,
to their own people, but at the same time, reaching out to other states to get
diplomatic recognition.  

   And here, you’re already ahead of the game.  The Kingdom of Hawaii already
had treaties and formal de jure diplomatic recognition with many other states of the
international system at that time.  Indeed, the Kingdom of Hawaii was part of the
European System of International Law at that time.  That was the wisdom of your
Kings and your Queens.  They understood full well that they had to reach out to the
entire world and have as many treaty relations as possible with other states,
including embassies, consulates, and joining the Universal Postal Union.  So what
the Kingdom of Hawaii needs to do there, then, is to reach out first and foremost to
all those states that the Kingdom had these relations with and the provisional
government saying: “Hey, we’re back.  Here we are.  We were just in a state of
suspended animation for a period of time because of the illegal belligerent
occupation by the United States.  But we now want to resume diplomatic relations
that we already had with you.  We just want to resume them.  And all you have to do
is act in a manner to behave that the treaty we had with you still exists.  It was never
denounced, it’s still there.”  And then the Kingdom of Hawaii provisional government
could go to the Universal Postal Union and say: “Well, we’re a party, we always have
been a party, but due to the United States illegal attack and invasion in violation of
international law at that time, we were not able to effectively exercise our
membership.  But now that is what we are going to do.”  

   And so the provisional government of national unity, in addition to taking care of
your own people at home, has to go back around the world and resume all these
relations and then reach out to other states that the Kingdom did not have
diplomatic relations with at the time.  As I said, the Palestinians, it took them 26
years, to go from zero to 135 states, Sweden, as of last week.  135 states out of
193, and soon all of Europe is going to fall in line as well.  And someday, Palestine
will have membership in the United Nations Organization.  The only thing keeping
them out has been the threat of the veto by the United States government and I
have devised a means whereby at any time they intend to do so, they can overcome
that threatened veto and join the United Nations as a full-fledged U.N. member
state.  It’s really up to them to decide when to do this.  

   Well, that’s the time frame we’re looking at here.  It took the Palestinians 25 years
to do it.  In my opinion, it will probably take the Kanaka Maoli 25 years.  What’s 25
years in the history of the Kanaka Maoli, going back forever.  You people have
been here since time in memoriam.  25 years is a bat of an eye.  Hopefully I’ll be
here 25 years from now and I can celebrate your joining of the United Nations
Organization with you over in Iolani Palace.  But we can’t get there until you, the
Kanaka Maoli go to this Convention, all 135,000 of you, vote to restore the Kingdom
of Hawaii and then to set up a provisional government of national unity for it.  

   And all of that, I wrote this book expressly for that reason.  The instructions are
here, the details are here, it’s written in plain English.  Any Kanaka Maoli with an 8th
grade education can read this book and understand it.  So it’s there, you can read it
and understand it.  

   So that’s what we’re talking about, 25 years.  1/3 of a lifetime.  My Mom just
turned 89, so I think I’ll live as long as my Mom, and that means I’ll be here in 25
years when you’re admitted to the U.N.  But you have to start the process now.  You
have to go to the Convention, vote to restore the Kingdom of Hawaii.

   Finally, let me conclude with this process by the Department of the Interior and
their proposed rules.  These rules are mean, nasty, vicious, cruel, brutal,
condescending, racist and genocidal against the Kanaka Maoli.  When has the
United States government ever had the best interests of the Kanaka Maoli at
heart?  Never!  Of course not!  They want to turn you into an Indian tribe, with an
Indian reservation, so they can better get rid of you just as they have done with
large numbers of Indian tribes and Indian reservations over history.  So we don’t
want federal recognition along those lines or the Department of the Interior.  Last
time I looked, Hawaii is not interior to the U.S.  The U.S. is 2300 miles that way.  
They need a globe of the world to see we’re not part of the U.S. out here in Hawaii.  
The Department of Interior, go home and stay home Yankee!

   Finally, what type of federal recognition do we want?  We want President Obama
to recognize the Kingdom of Hawaii.  That’s what we want.  We do not want
recognition as an Indian tribe with an Indian reservation.  The President of the
United States of America has exclusive plenary power to recognize nation states.  
President Obama can do this all by himself without any approval or authorization by
the U.S. Congress or by any court.  He can recognize us as the Kingdom of Hawaii,
and that’s what we want.  

   President Obama owes this to the Kanaka Maoli and the Kingdom of Hawaii.  He
was born here.  He was raised here.  He was educated here.  President Obama
lived the formative years of his life here in Hawaii.  And at a minimum, he owes the
Kanaka Maoli to recognize the Kingdom of Hawaii.  But again, none of this will
happen unless you all 135,000 Kanaka Maoli on that list, go to the Convention, vote
to restore the Kingdom of Hawaii and set up a provisional government of national
unity for it.  Thank you
RESTORE THE KINGDOM OF HAWAII!
Professor Francis A. Boyle
Office of Hawaiian Affairs
Hawaiian Governance Symposium on Independence
Honolulu Nov. 1, 2014

(edited transcript)
Nation of Hawaii leader
Dennis "Bumpy" Kana­hele
Book dedication to Pele
discussion with Francis Boyle and Kuhio Vogeler
on International Law Hawaiian Perspectives