Ka Wai Ola - Office of Hawaiian Affairs, Volume 10, Number 2, 1 February 1993 — What justice requires [ARTICLE+ILLUSTRATION]

What justice requires

by Clayton Hee, Chairman Board of Trustees, Office of Hawaiian Affairs Now that Jan. 17, 1993 has marked the 100th year since the illegal overthrow of the

Hawanan nation, many non- I Hawaiians may I wonder how to I react to the signifi- I eanee of this event I and what position, I if any, they should I take on Hawaiian I sovereignty. In eon- I sidering the issues, it is important to remember that no

reasonable person blames the people of today for what happened 100 years ago. There is an expectation of community responsibility, however, of hon-

oring the principles of justice and fairness Americans hold dear. The entire community, Hawaiians and non-Hawaiians alike, must acknowledge and accept the emotions surrounding

the observance and must be ready to move on from there. Another year cannot pass without justice being done. The illegal overthrow speaks for itself: "an act of war against a peaceful nation" remains one of the

darkest chapters of American history. Throughout the 19th century, Hawai'i and the United States had numerous treaties of friendship and trade. Hawai'i

was recognized as an independent nation by all the major world powers of the era. The Overthrow was contrary to established American foreign policy and international law. More importantly, it was eontrary to the principles of naūonal conduct embodied in the Declaration of Independence and U.S. Constitution. The Overthrow swept away the Hawaiian right of self-gover-nanee and all the land to whieh the nation held title-nearly 2 million acres. Without the eonsent of or compensation to the Hawaiian people, the lands and government were surrendered to the United States at annexation in 1898. Some 300 Native American groups have received compensation and limited sovereignty based on historic land claims

and treaties. These settlements have been upheld by a basic principle of Native American law: Native Americans have certain unique and inherent rights whieh ean never he extinguished. These rights are not delegated nor granted; they are vested in the people. They include sovereignty-the power to determine and adopt a form of government of one's own choosing.

Like other Native American groups, Hawaiians should be entitled to self-determination and self-governance, but it is this recognition as Native Americans whieh has never been extended to the Hawaiian people, contrary to practice, logic and an acknowledged trust relationship. It is this recognition from federal, state and county govern-

ments that the community should support. It is the settlement of rightful entitlements and fulfillment of trust agreements whieh the community should demand. This is what justice requires. At the same time, it is up to everyone in the community, Hawaiians and non-Hawaiians alike, to educate themselves on what sovereignty means and on the forms of self-governance available. The ehoiee belongs to the Hawaiian people, and it is theirs to say when they are ready to make it. We are one eommunity, however, and must proceed by linking arms with eaeh other. The community as a whole must move from fear of losing what they have or not getting what they want to faith in mutual justice, understanding and compassion.