OHANA (FAMILY) COUNCILS

                               OF THE

                          HAWAIIAN KINGDOM

 

 

            1ST SESSION - CONFERENCE FOR SELF-GOVERNMENT

                          BIG ISLAND OF HAWAI'I

                          SOUTH KONA, MILOLI'I

                          RESOLUTION 92-01

 

                  CHARTER FOR SELF-GOVERNMENT

 

 

WHEREAS,  HUMAN RIGHTS ARE SACRED, BASIC, FUNDAMENTAL, AND NON              NEGOTIABLE; AND,

 

WHEREAS,  THERE EXISTS AN INDEFINITE NUMBER OF INDIGENOUS      ABORIGINAL SOVEREIGN HAWAIIANS RESIDING IN THE TERRITORIES OF THE HAWAIIAN ARCHIPELAGO, AS DEFINED BY TRADITIONAL USE, MARKERS, DESIGNATIONS, AS OUTLINED IN THE "ATLAS OF THE PACIFIC" PRIME MINISTERS DEPT., NEW ZEALAND, AS OUTLINED BY LOCAL U.S. COAST AND GEODETIC SURVEYS, AND U.S. 200 MILE EXCLUSIVE ECONOMIC ZONE; AND,

 

WHEREAS,  THE TERM "HAWAIIAN" MEANS A PERSON OF NATURAL INDIGENOUS KANAKA MAOLI DESCENT (ABORIGINAL OHANA-FAMILY) AND OTHERS RECOGNIZED BY THE HAWAIIANS AS MEMBERS OF THEIR GROUP; AND,

     THE TERM "KUPUNA" MEANS ELDERS AND KEEPERS OF KNOWLEDGE; AND,

     THE TERM "OHANA" MEANS FAMILY GROUP; AND,

     THE TERM "SELF DETERMINATION" MEANS THE INDIVIDUAL AND COLLECTIVE RIGHT TO CHOOSE ONES DESTINY (IN COMPLIANCE WITH THE PROVISIONS OF THE UNITED NATIONS CHARTER ARTICLE 73); AND,

     THE TERM "SELF GOVERNMENT" MEANS THE INDEPENDENT GOVERNMENT OF AND FOR THE HAWAIIANS (ACCORDED IN THE PROVISIONS OF THE UNITED NATIONS CHARTER ARTICLE 73); AND,

     THE TERM "HAWAIIAN KINGDOM" MEANS THE INDIGENOUS ABORIGINAL SOVEREIGN NATION-STATE ESTABLISHED BY KING KAMEHAMEHA I; AND,

 

WHEREAS,  THE HAWAIIANS, HAVE NEVER RELINQUISHED THEIR VALID, EXISTING, INDIGENOUS ABORIGINAL SOVEREIGN TITLES AND RIGHTS, BY WRITTEN RESOLUTION, IMPLIED CONSENT, DISCOVERY, CONQUEST, CESSION, TREATIES, STATUTES, COURT ORDER, OR TERRA NULLIUS; AND,

 

 

 

 

 

 

 

 

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     WHEREAS,  THE HAWAIIANS ARE SOVEREIGN AND RECOGNIZE THEIR INHERENT RIGHT TO SELF-DETERMINATION AND SELF-GOVERNMENT, PURSUANT TO THE INTERNATIONAL TRUSTEESHIP SYSTEM, THE UNITED NATIONS CHARTER DECLARATIONS AND CONVENTIONS, AND THE UNITED STATES CONGRESSIONAL ACTS; AND,

 

WHEREAS,  ONLY THE HAWAIIANS HAVE THE AUTHORITY TO MAKE SELF-DETERMINATION DECISIONS, AND HEREBY ENDORSE THE INTERNATIONALLY RECOGNIZED PRINCIPLES OF SELF-DETERMINATION; AND,

 

WHEREAS,  THE HAWAIIANS, HAVE THE RIGHT TO BE PROTECTED BY THEIR TRADITIONAL GOVERNMENT, AND INFORMED ON ALL MATTERS PERTAINING TO THEIR RIGHTS UNDER INDIGENOUS ABORIGICAL SOVEREIGN TITLE, AND TO SECURITY PROTECTION OF THOSE INHERENT RIGHTS, TO SUBSIST BY HUNTING, FISHING, HARVESTING, GATHERING, PROPAGATING, AND MIGRATING; AND,

 

WHEREAS,  THE HAWAIIANS HAVE SUCCESSFULLY APPLIED AND INCORPORATED THEIR CREDENTIALS IN HAWAIIAN SCIENCE AND ITS APPLIED PHYSICS, WHICH IS DEFINED AND INCORPORATED WITHIN THE HAWAIIAN LANGUAGE; AND,

 

WHEREAS,  THE HAWAIIANS SET POLICY BY CONSENSUS FOR THE   ADMINISTRATION OF GOVERNMENT AFFAIRS AND SERVICES, TO THEIR SOVEREIGN OHANA MEMBERS; AND,

 

WHEREAS,  FULL  LEGISLATIVE,  JUDICIAL, AND ADMINISTRATIVE     FUNCTIONS OF GOVERNMENT ARE WHOLLY VESTED IN THE HAWAIIANS; AND,

 

WHEREAS,  THE FULL/PLENARY POWERS VESTED IN THE HAWAIIANS ARE PROTECTED AND SECURED BY INTERNATIONAL LAWS, TREATIES, AND CONGRESSIONAL ACTS OF THE UNITED STATES OF AMERICA; AND,

 

WHEREAS,  THE GOVERNMENTS OF THE HAWAIIANS SHALL BE CREATED BY AND THROUGH THE AUTHORITY OF THE OHANA, FOR THE PROTECTION OF THEIR FUNDAMENTAL AND BASIC HUMAN RIGHTS; AND,

 

WHEREAS,  THE HAWAIIANS RECOGNIZE THEIR INHERENT RIGHT OF LOCAL SELF-DETERMINATION AND SELF-GOVERNANCE; AND,

 

WHEREAS,  THE HAWAIIANS RECOGNIZE THE DISPLACEMENT, DIS-  ORIENTATION, AND CULTURAL DIS-INTEGRATION OF THE HAWAIIANS, AND HAVE NOT ABANDONED THEIR SOVEREIGN OHANA MEMBERS, AND RECOGNIZES THEIR LINGUISTIC KINSHIP RELATION THRU GENEALOGICAL IDENTIFICATION; AND,

 

 

 

 

 

 

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WHEREAS,  THE HAWAIIANS ACCEPT THE RESPONSIBILITY TO RESTORE, REPAIR, PROTECT, AND ADVANCE HAWAIIAN RIGHTS, ON AN INTERNATIONAL, GLOBAL, AND LOCAL LEVEL; AND,

 

WHEREAS,  ALL ORGANIC AND IN-ORGANIC RESOURCES WITHIN THE HAWAIIAN ARCHIPELAGO ARE NECESSARY FOR THE PHYSICAL HEALTH AND WELL-BEING OF THE HAWAIIANS; AND,

 

WHEREAS,  THE HAWAIIANS ASSEMBLE(D) TO DISCUSS AND REVIEW THE IMPACT OF DIRECT INPUT, INTO THE DECISION MAKING PROCESS, AS IT RELATES TO SELF-DETERMINATION, SELF-GOVERMENT, AND THE COOPERATIVE MANAGEMENT OF NATURAL RESOURCES; AND,

 

WHEREAS,  THE HAWAIIANS ARE IN AFFIRMATION OF INTERNATIONALLY RECOGNIZED INALIENABLE RIGHTS, POLITICALLY BASIC, THAT A GOVERNMENT SHOULD NOT BE AN INSTRUMENT TO DENY, LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS; AND,

 

WHEREAS,  THE HAWAIIANS HAVE THE INALIENABLE RIGHT TO BE FREE FROM GOVERNMENTAL VIOLATIONS OF INTEGRITY OF THE PERSON, ASSEMBLY, RELIGION, AND MOVEMENT WITHOUT DISCRIMINATION BASED ON RACE, ANCESTRY, OR SEX, AND TO CHANGE THEIR GOVERNMENT BY PEACEFUL MEANS; AND,

 

WHEREAS,  THE MAINTENANCE AND PERPETUATION OF THE INDIGENOUS ABORIGINAL SOVEREIGN HAWAIIAN RELIGIOUS CREED, BELIEFS, DOCTRINES, PRACTICES, CUSTOMS, AND RITUALS, IS ESSENTIAL TO MAINTAIN THEIR NATIONALITY, AND BASIC HUMAN RIGHTS; AND,

 

WHEREAS,  THE HAWAIIANS RECOGNIZE AND ARE AGREEABLE WITH THE PRINCIPLES OF THE UNIVERSAL DOCTRINE OF HUMAN RIGHTS, AND THE UNITED NATIONS DECLARATIONS AND COVENANTS, IN PARTICULAR, THE DECLARATION OF THE GRANTING OF INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES; DECLARATION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION; CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE; PRINCIPLES OF INTERNATIONAL CO-OPERATION IN THE DETECTION, ARREST, EXTRADITION AND PUNISHMENT OF PERSONS GUILTY OF WAR CRIMES AND CRIMES AGAINST HUMANITY; DECLARATION ON THE PROTECTION OF ALL PERSONS FROM BEING SUBJECTED TO TORTURE AND OTHER CRUEL, INHUMANE OR DEGRADING TREATMENT OR PUNISHMENT; DECLARATION OF BASIC PRINCIPLES OF JUSTICE FOR VICTIMS OF CRIME AND ABUSE OF POWER; DECLARATION ON TERRITORIAL ASYLUM; DECLARATION ON THE HUMAN RIGHTS OF INDIVIDUALS WHO ARE NOT NATIONALS OF THE COUNTRY IN WHICH THEY LIVE;

 

 

 

 

 

 

 

 

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     DECLARATION ON THE PROTECTION OF WOMEN AND CHILDREN IN EMERGENCY AND ARMED CONFLICT; DECLARATION ON SOCIAL AND LEGAL, PRINCIPLES RELATING TO THE PROTECTION AND WELFARE OF CHILDREN, WITH SPECIAL REFERENCE TO FOSTER PLACEMENT AND ADOPTION NATIONALLY AND INTERNATIONALLY; UNIVERSAL DECLARATION ON THE USE OF SCIENTIFIC AND TECHNOLOGICAL PROGRESS IN THE INTERESTS OF PEACE AND FOR THE BENEFIT OF MANKIND; DECLARATION ON THE RIGHT OF PEOPLES TO PEACE; DECLARATION ON THE RIGHT TO DEVELOPMENT; AND THE DECLARATION OF THE PRINCIPLES OF INTERNATIONAL CULTURAL CO-OPERATION; AND,

 

WHEREAS,  THE HAWAIIANS FIND THAT THE MAIN ISSUES AFFECTING THEIR CULTURAL, ECONOMIC, AND SOCIO-POLITICAL RIGHTS AS HAWAIIANS, ARE BEING IGNORED AND CONFUSED, OFTEN TIMES WILLFULLY, AND THAT THIS BREACH OF TRUST IS LENDING TO CONTINUED INTERNATIONAL CORPORATE MIS-MANAGEMENT OF RESOURCES RESERVED FOR THE INDIGENOUS ABORIGINAL SOVEREIGN TITLE HOLDERS, AND;

 

WHEREAS,  THE CONFUSION OF THE APPLICATION OF FULL/PLENARY     JURISDICTION DUE TO THE LACK OF RECOGNITION OF INDIGENOUS ABORIGINAL SOVEREIGN HAWAIIAN AUTHORITY, COULD CREATE IRREPARABLE DAMAGE TO THE SOVEREIGN INTERESTS OF THE UNITED STATES OF AMERICA AND THE SOVEREIGN HAWAIIAN KINGDOM; AND,

 

 

WHEREAS,  THE HAWAIIANS ARE IN AGREEMENT THAT CULTURAL SURVIVAL IS CRITICALLY BASED ON HUMAN RIGHTS TO DEVELOP SELF-SUFFICIENT, AND SELF-RELIANT ECONOMIES; AND,

 

WHEREAS,  THERE HAS BEEN A CIRCUMVENTION OF INDIGENOUS ABORIGINAL SOVEREIGN AND INALIENABLE TITLE RIGHTS, THAT HAS DENIED THE HAWAIIANS THEIR INTEGRITY, AS WELL AS PERSONAL, POLITICAL, CIVIL CULTURAL, AND ECONOMIC RIGHTS, WHICH HAS ACCOMMODATED AND PROMOTED THE DESECRATION AND EXPLOITATION OF THEIR LANDS, TERRESTRIAL WATERS, OCEAN FISHERIES, AND OTHER MINERAL, ORGANIC AND IN-ORGANIC NATURAL RESOURCES; AND,

 

WHEREAS,  THE HAWAIIANS HAVE WITNESSED, REPORTED TO, AND HELD IN EVIDENCE THEREOF, OF THE INTENT AND INADEQUACIES OF THE HAWAIIAN HOMES ACT OF 1920, AND ITS FAILURE TO EFFECT MEANINGFUL REHABILITATION AND FORCING THE HAWAIIANS TO BE SELF-DISCRIMINATING BY BLOOD QUANTUM, BY NON-SETTLEMENT AND RE-SETTLING THEM ON MARGINAL AND AT TIMES UN-INHABITABLE LANDS; AND,

 

 

 

 

 

 

 

 

 

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WHEREAS,  ALTHOUGH THE HAWAIIANS, ARE VOLUNTARY PARTICIPANTS TO THE HAWAIIAN HOMES ACT OF 1920, AS AMEMDED UNDER AN IMPLIED U.S. ADMINISTRATIVE TRUST, THE HAWAIIANS HAVE NOT ABANDONED THEIR CUSTOMARY OHANA RELATIONSHIPS AND INHERENT INDIGENOUS ABORIGINAL SOVEREIGN TITLE RIGHTS TO RE-ASSERT THE SOVEREIGN AUTHORITY AND SUZERZAIN TRUST; AND,

 

WHEREAS,  THE HAWAIIANS WITH CLEAR INTENT TO PURSUE RESTORATION OF UNEXTINGUISHED INDIGENOUS ABORIGINAL SOVEREIGN TITLE RIGHTS, AND SUZERAIN TRUST FUNCTIONS, DECREE THE INADEQUACIES OF THE HAWAIIAN HOMES ACT OF 1920, AS CONSTITUTING A FAILED ADMINISTRATIVE ATTEMPT TO ASSIMILATE AND RE-CULTURE HAWAIIANS; AND,

 

WHEREAS,  THE AMENDMENTS ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII TO THE HAWAIIAN HOMES ACT OF 1920, AS AMENDED, CONSTITUTE A MULTIPLE DEPRIVATION OF HUMAN AND INALIENABLE RIGHTS OF HAWAIIANS BY ITS EFFACIOUS ATTEMPTS TO FURTHER LIMIT THE SCOPE OF CULTURAL, ECONOMIC, AND POLITICAL COMPATIBILITY, BY FOSTERING INHUMANE ATTITUDES, PERPETRATING CULTURAL, ECONOMIC, AND POLITICAL GENOCIDE, AND;

 

WHEREAS,  THE HAWAIIANS PLEDGED TO UPHOLD THE INTERNATIONAL    TRUSTEESHIP SYSTEM AS IT CAN PROMOTE THE DEVELOPMENT OF SELF-RELIANT, SUFFICIENTLY SELF-GOVERNING TERRITORIES BY RECOGNIZING INDIGENOUS ABORIGINAL SOVEREIGN TITLE, BASED ON PRIOR RIGHTS OF USE AND OCCUPANCY; AND,

 

WHEREAS,  THE INTERNATIONAL COVENANTS OF THE CONVENTION OF THE PREVENTION AND THE PUNISHMENT OF THE CRIME OF GENOCIDE, AND THE DOCTRINE OF HUMAN RIGHTS, WAS RATIFIED ON FEB. 19, 1986, BY THE CONGRESS OF UNITED STATES OF AMERICA, AND FURTHER IMPLEMENTED BY UNITED STATES PUBLIC LAW 100-606, THE PROXMIRE ACT, NOV. 4, 1988, RONALD REAGAN, ESTABLISHING GENOCIDE AS A CRIMINAL ACT, AND ENFORCEABLE BY THE U.S. FEDERAL GOVERNMENT, WITHIN ITS BOUNDARIES, WHEREBY PROHIBITING, POLITICAL, CULTURAL, AND ECONOMIC GENOCIDE:

 

   NOW,   THEREFORE BE IT RESOLVE THAT, THE HAWAIIANS, ACTING BY AND UNDER THEIR INHERENT AND UNEXTINGUISHED INDIGENOUS ABORIGINAL SOVEREIGN TITLES AND RIGHTS, ASSERT THEIR SOVEREIGN AUTHORITY AND SUZERAIN TRUST RESPONSIBILITIES THROUGHOUT THEIR TRADITIONAL SOVEREIGN TERRITORIES; AND,

 

 

 

 

 

 

 

 

 

 

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  BE IT,  FURTHER RESOLVED THAT, THE HAWAIIANS RECOGNIZE THEIR INHERENT AND TRADITIONAL RIGHT TO SELF-GOVERNMENT, AND FURTHER AFFIRM WITH FULL/PLENARY POWERS, TO PROTECT AND SECURE THEIR INHERENT UNEXTINGUISHED RIGHTS AND TITLES PURSUANT TO CUSTOMS OF RELIGION, ECONOMICS AND POLITICS, PURSUANT TO INTERNATIONAL LAWS, AND UNITED NATIONS DECLARATIONS AND COVENANTS; AND,

 

  BE IT,  FURTHER RESOLVED THAT, THE HAWAIIANS ASSERT THEIR    SOVEREIGN JURISDICTION AND FULL/PLENARY AUTHORITY AND DECLARE THAT ANY INTERFERENCE WITH THAT JURISDICTION WITHOUT THE CONSENT OF THE SOVEREIGN OHANA COUNCILS OF THE HAWAIIAN KINGDOM, TO BE IN DIRECT VIOLATION OF THEIR INHERENT RIGHT TO GOVERN; AND,

 

  BE IT,  FURTHER RESOLVED THAT THE HAWAIIANS, ADOPT INTO THEIR CHARTER FOR SELF-GOVERNMENT, THE UNITED NATIONS DECLARATIONS AND CONVENTIONS; AND,

 

 

  BE IT,  FINALLY RESOLVED THAT, THE HAWAIIANS AS DESCENDANTS WITH ~UNDIVIDED INTEREST TO THE HAWAIIAN KINGDOM DECLARE AND RECOGNIZE THE ASSERTIONS OF OTHER INDIGENOUS ABORIGINAL SOVEREIGN HAWAIIANS AND THEIR RESPECTIVE NON-COLONIAL GOVERNMENTAL ORGANIZATIONS AS VALID, SO LONG AS THOSE ORGANIZATION DO NOT UNDERMINE THE PRINCIPLES OF INDIVIDUAL SOVEREIGN HUMAN RIGHTS, AND THE RIGHTS OF HAWAIIANS TO EFFECT THE RE-ESTABLISHMENT OF INDEPENDENT SELF-GOVERNING INSTITUTIONS WITHIN THE HAWAIIAN KINGDOM.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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