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Aloha Aina 101: A Primer on Hawaiian Struggles for Land and Sovereignty

Created as a webinar for the Hawaiʻi Center for Food Safety, with the intent to strengthen relationships of solidarity and collaboration between Hawaiian sovereignty advocates and anti-GMO food activists in Hawaiʻi
by

Noelani Goodyear-Kaopua

on 14 November 2015

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Transcript of Aloha Aina 101: A Primer on Hawaiian Struggles for Land and Sovereignty

Aloha 'Āina 101:
A Primer on Hawaiian Struggles for Land and Sovereignty

Independence
Domestic Dependence, aka "nation within a nation"
1970
Kalama Valley
1971
Alaska Native Claims
Settlement
Act
1974
Sen. Spark Matsunaga introduces
Hawaiian Native Claims Settlement Act:
$1 billion dollars, held in trust by DOI,
benefits to Native Hawaiian Corporation
1978
Hawai'i v. Wilford "Nappy Pulawa
Motion to Dismiss due to
"Continued Foreign Occupation"
US Federal Recognition
1993
Apology Resolution
Oct 2000
DOI Reconciliation Report
2000 - 2013
Native Hawaiian Governing Entity Reorganization Act
Recommendations:
1.“As a matter of justice and equity, this Report recommends that the Native Hawaiian people should have self-determination over their own affairs within the framework of Federal law, as do Native American tribes…Congress should enact further legislation to clarify Native Hawaiians’ political status and to create a framework for recognizing a government-to-government relationship with a representative Native Hawaiian governing body.
2. “Establish...an office in Interior to address Native Hawaiian issues, within the Office of the Assistant Secretary for Indian Affairs...
3. “The Department of Justice assign the Office of Tribal Justice on an ongoing basis to maintain a dialogue with the Native Hawaiian people on issues of mutual concern and to continue to work cooperatively with Interior on these issues...
4.“Create…a Native Hawaiian Advisory Commission to consult with all bureaus within Interior that manage land in Hawai‘i regarding land management, resource, and cultural issues affecting Native Hawaiians...
5.“Past wrongs suffered by the Native Hawaiian people should be addressed…Promote the welfare of the Native Hawaiian people, respect their rights, and address the wrongs that their community has suffered.”
What is "reorganization"???
The terms
“reorganized governing entity”
and
“reorganization”
have a specific history within US law going back to the
1934 Indian Reorganization Act.

After a period of ignoring all treaties with Native nations, “reorganization” allowed for limited self-governance under US plenary power (supreme authority). The reorganized governing entities were not modeled on indigenous forms of governance but rather on American-styled bureaucratic and representative forms.
U.S. Public Law 103-150 (107 Stat. 1510)
"acknowledges that the overthrow of the Kingdom of Hawaii occurred with the active participation of agents and citizens of the United States and further acknowledges that the Native Hawaiian people never directly relinquished to the United States their claims to their inherent sovereignty as a people over their national lands, either through the Kingdom of Hawaii or through a plebiscite or referendum".
What is sovereignty?
Essential elements of a state:
Supreme, ultimate authority over a specific territory, or land base
Population, territory, government, sovereign authority, recognition by other sovereigns
International
Recognition
of Hawaiian
Independence
Deoccupation
Decolonization
How?
Who?
Why?
Decolonization process under
international law
List of Non-Self-Governing Territories,
pursuant to Chapter XI, Article 73 of the UN Charter

Hawai'i was improperly removed from the list of non-self-governing territories after the 1959 statehood act.
Reinscribe Hawai'i on the
UN List of Non-Self-Governing Territories. Th
is requires an informed vote with at least three options:
1. Independence
2. Free Association
3. Integration
Voters include descendants of
the subjects of the Hawaiian Kingdom.
Vote must be overseen by an international body.
How?
Who?
Why?
Deoccupation under international law
The Hawaiian Kingdom engaged in numerous treaties of friendship and commerce with other countries.
46 States and 127 successor States, in today's terms. These treaties have not been followed since the beginning of the US occupation.
Provisions regulating occupation can be found in:
The Hague Conventions of 1899 and 1907,
the Fourth Geneva Convention of 1949 and
Additional Protocol I of 1977.
See also: http://hawaiiankingdom.org/blog/

Protest and Demand filed with the United Nations, asking for peaceful resolution of the US occupation
Raise local and international awareness
US establishes a military government to administer and enforce Hawaiian Kingdom law
Transition process, with international oversight, to resurrect the various branches of the Hawaiian Kingdom government
UN Security Council
UN Member States
International Criminal Court (ICC) jurisdiction over individuals committing war crimes
Since 1898, the USA has misled the international community that the Hawaiian Islands had been incorporated into the territory of the United States.

Deoccupation proponents assert that the US has unlawfully imposed its internal laws on
the still-sovereign Hawaiian Kingdom, in violation of the 1907 Hague Convention IV, the 1949 Geneva Convention, IV, and other international laws and treaties.
"The United States disguised its occupation of the Hawaiian Kingdom as if a treaty of cession annexed the Hawaiian Islands. There is no treaty [of annexation]."
What is a treaty?
What US department handles treaties?
1993 Peoples International Tribunal
Ka Ho'okolokolo Nui Kanaka Maoli
After the 1945 founding of the UN, decolonization took on a specific meaning and process within international law. Decolonization requires self-determination.
By 1960, the clear mandate in the international community was for independence.
Declaration on the Granting of Independence to Colonial Countries and Peoples
UNGAR 1514 of 14 December 1960

"All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development...

Inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence...

All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected.

Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom."
Act 195
State recognition and
Native Hawaiian Roll
http://www.kanaiolowalu.org/about/act195/
Lessons on the kuleana of po‘e aloha ‘āina…

Take up the kuleana given by your ‘ohana.
Noho ma ka ‘āina. Stand for people who are living close to the ‘āina.
Show up! And be disciplined.
Mālama your kuleana until pau pono.
Honor the kūpuna and carry their legacy forward by mentoring new generations of aloha ‘āina.

Aloha 'Āina
What does this term mean?

How has it been a powerful framework for political action?

What is the history and genealogy of struggle that one invokes--consciously or unconsciously--when using the phrase
"aloha 'āina"?
Paths to Justice
What are the major streams of the Hawaiian sovereignty movement today?
Hawaiian Sovereignty
Why is there a Hawaiian struggle for national sovereignty?

And what does land have to do with it?
“a very old concept,
to judge from the many sayings (perhaps thousands) illustrating deep love for the land.”
“Where nationalism and patriotism tend to exalt the virtues of a people or a race, aloha 'āina exalts the land. It refers to the appreciation of the beauty of this land . . . but aloha 'āina goes beyond love of beauty as well. The Kanaka Maoli have a genealogical, familial relationship to the land.”
-Noenoe Silva, in
Aloha Betrayed

“Last Sunday of the month/day of Kaho‘olawe occupation--using flashlight to write this note--much has been done in preparation for this protest (spiritually especially). Without the spiritual element, life would be like an empty breath, no substance. Pi‘ilani is guiding us through this adventure as we offered ho‘okupu and mohai aloha to the kupuna of the past at Hale o Pi‘ilani. The occupation of the military reservation is not so much a defiance as it is a responsibility to express our legitimate concern for the land of the Hawaiian. Kaho‘olawe is a part of my culture . . . . “
-George Jarrett Helm

http://www.kamakakoi.com/hawaiianpatriots/george.html
A Brief History...
1856 - 1876
1887
1898
1893
1810
Waiwai: Water as Wealth
Rice ditch opens in Līhu'e;
First time water is transferred outside a watershed
The "Bayonet Constitution"
Honolulu Rifles in full regalia
"An Act of War"
A New Empire Emerges

and the history of aloha 'āina is intentionally covered over.
Ka Mō'ī, 'o Kamehameha
1840s
1840
Constitutional Monarchy
1843 Anglo-Franco Proclamation
Photos to demonstrate white power
Hui Aloha Aina & Hui Kalai Aina
defeat a proposed treaty of annexation.
Over 38,000 Kānaka sign the petitions of the two main political groups organizing for continued Hawaiian independence.

To this day, NO treaty of annexation exists.
An ethic and slogan for
Hawaiian patriotic resistance to US imperialism & corporate power in the 1890s
Hamakua Ditch Company (A&B) secures first license that privatizes water
McBryde Ditch, Kaua'i
Nationalist poetry and songs
Ka Bana Lāhui Hawai'i
(Royal Hawaiian Band)
Hānaiakamālama gardens
Ku'u Hae Hawai'i quilts

Ke Aloha 'Āina newspaper founded in May 1895
Why is there a Hawaiian struggle for national sovereignty?

"It's a land grab!"
What does land have to do with it?
Hawaiian national lands
1893:
1.8 million acres

of Crown & Government lands
"Republic of Hawai'i"
sugar oligarchy
Between 1895 and 1898:
46,594 acres
of Crown and Government Lands
sold by the so-called Republic
US Federal Government
About
350,000 acres
mostly for military use
Dept of Hawaiian Homelands
1921
200,000 acres
set aside and
50% blood quantum eligibility established
State of Hawai'i
1959

1.4 million acres
to the new State of Hawaii,
in trust for five public purposes, including “for the betterment of the conditions of native Hawaiians.”
Sales and transfers
2009
The settler State of Hawaii claims sovereign power to alienate these lands at SCOTUS.
It also sought to disqualify plaintiff, Jonathan Osorio, arguing that
he is not legally ‘native
Hawaiian’ (50% blood quantum).
Seized Not Ceded
"the indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people or over their national lands to the United States"
-US Public Law 103-150, 1993
"The ceded lands were illegally taken from the native Hawaiian monarchy”
-the Hawaii Supreme Court, Jan 2008
1976
Kahoolawe
1978
Hilo Airport
1977 WWCA blockade Kamehameha Hwy
Aloha Aina Resurgence
LAND
LANGUAGE
CEREMONY
POLITICAL PROCESSES
ALOHA AINA
kuleana

reciprocal relationships
Full transcript