Ka Wai Ola - Office of Hawaiian Affairs, Volume 11, Number 7, 1 July 1994 — After Makapuʻu: ʻOhana Oouneil makes plans for the future [ARTICLE+ILLUSTRATION]

After Makapuʻu: ʻOhana Oouneil makes plans for the future

Group faces stiff opposition from the state anel other sovereiqnty qroups in their bid for independence

by Fatrick Johnston The 'Ohana Council foiTned a little over two years ago under the leadership of Dennis "Bumpy" Kanahele as a eouneil of families whose aim was to address the issue of Hawaiian sovereignty. According to the Council, its leadership in the occupation of Makapu'u underscores the group's commitment to asserting what it sees as the sovereign rights of Hawaiians. Since its inception, the 'Ohana Council has had as its primary goal some form of independent nation for native Hawaiians. It bases its most recent claims on the apology resolution signed by President Clinton last November that acknowledges the illegality of the overthrow of the Hawaiian monarchy and admits it took plaee "with the participation of

agents and citizens of the United States." Kanahele, who has gotten mueh of his recent inspiration from University of Illinois activist lawyer Kenneth BoyIe, argues that by signing the apology resolution, the United States government has conceded as a matter of public law that native Hawaiian people have the right to restore an independent Hawaiian nationstate. The United States had signed formal diplomatic treaties with the Hawaiian Kingdom. Boyle said in a speech last winter that, by signing the apology resolution, the government admitted it violated its own treaties, illegal under both international and constitutional law. "Treaties are the supreme law of the land," Kanahele claims

echoing Boyle. "By signing the apology resolution they (the U.S.) recognized that they were involved with an illegal overthrow. The remedy for such a violation is restitution." What then does the 'Ohana Council want as " 1 ■ ■ ■■ ■ ■ " ■■ ■■ ■■ ■■■■■■■■■ ■ ■ ■

restitution and what are its next moves in its efforts to get it? "The first thing is a constitution. When a constitution gets done, then we take this to the

governor and lay it down. If the governor disregards us, we'll go straight to the federal govemment." Kanahele adds that a constitution is a necessary first step for any sovereignty movement. "Without a constitution a eountry or body cannot move. ... There are a lot of groups out there but they don't have constitutions. Their members don't have ID cards. They

are not countries." Last month the 'Ohana Council - whieh now refers to itself and the organizations associated with it as the "Independent NationState of Hawai'i" - held a religious retreat followed by a fiveday constitutional convention whieh invited 'Ohana Council kūpuna representatives from all Hawaiian islands to sit down and work out a skeleton draft of a constitution. "This is the first phase," explains Kekula Bray, Independent Nation executive assistant to the head of state. "The whole process might take 10 or 20 years but we're establishing a structure to work with." According to Bray, the convention also included a significant number of non-Council groups and individuals including some of

the pioneers of the Ka Lāhui eonstitutional convention. Ka Lāhui, one of the first sovereignty groups formed, and one that claims 20,000 members as held several constitutional eonventions and has drafted a fairly comprehensive constitution. According to an Independent Nation spokesman, the group asked Ka Lāhui to send an advisory body to their convention but received no reply. Kanahele argues that becau.se Ka Lāhui drafted its document before the signing of the apology resolution, it does not carry the same legal authority as the one the Independent Nation will put together. To this Ka Lāhui responds that their constitution regularly comes up for review and revision. If they continued on page 9

Workmen clear site for Waimanalo settlement. Photo by Patrick Johnston

'Ohana Oouneil leader Dennis "Bumpy" Kanahele. Photo by Patrick Johnston

'Ohana Oouneil from page 4

were to accept the Independent Nation's argument (whieh they don't), their next revision period is in 1995. well after the signing. While few of the specifics have been laid out, what the Independent Nation is looking to create is a completely independent state where citizenship is granted to all people who meet certain residency requirements. Americans who wish to keep their citizenship will be allowed to do so or have dual citizenship. The Independent Nation would allow a continued American military presence but would negotiate a scaling down of that presence over time. The economy would be one that would rely more heavily on "trade" in agricultural products and less on mass tourism. The tourist industry would be asked to emphasize quality, not quantity. "We still want tourism but quality tourism." Kanahele explains. "People eome to Hawai'i to rejuvenate themselves with the aloha spirit. There won't be any left if the tourism industry keeps pushing people off the land." The new state would elaim all shoals and reefs and would have a 1 2-mile territorial limit. Kanahele feels that if all islands were not included in the state this would create territorial conflicts with the U.S. But breaking off from the United States is not something most Hawai'i residents support. And state and federal governments are in no hurry to hand over power. The questions of how mueh patience the group has, and how mueh they are willing to compromise with the state and other Hawaiian sovereignty groups in their nation-building efforts, are not ones that illicit

many clear responses from group members. On the issue of coming together with other Hawaiian groups, Kanahele responds that the kūpuna will provide the uniting element. However, the kūpuna, according to the Independent Nation, have vested all ruling power in Kanahele. What then becomes of Mililani Trask and the strong grassroots following she has established in Ka Lāhui? "I'm not concerned with Ka Lāhui," Kanahele explains. "We've got the majority of all the other groups and they are continuing to eome in." Ka Lāhui answers that, even if Kanahele's elaim is true, it does not necessarily mean they have the support of the majority of the Hawaiian people. Ka Lāhui Lientenant Governor Paul Neves asks, "Are they willing to let the democratic process work? Are they willing to ask all the Hawaiian people what they want? I don't think so. I think they want it all." The Hawaiian Sovereignty Advisory Commission - whieh Kanahele was onee a part of and whieh the state and OHA have invested hundreds of thousands of dollars in - is, in Kanahele's eyes illegal because it is the product of the state - an illegal entity. SAC commissioner and Hui Na'auao president Mahealani Kamauu responds that, while she understands Kanahele's position, she feels that it is premature for any group to start making a Hawaiian nation without the eonsent of most Hawaiians. "The process needs to be played out," she says. With the state, other sovereignty groups and the Independent Nation at odds over goals and

how to achieve them, the question of how mueh patience the group has brings up concerns about violenee and whether that will ever be part of their agenda. Kanahele, while advocating nonviolence, refuses to be grouped with other nonviolent activists like Martin Luther King or Mahatma Gandhi. "I consider myself Bumpy. Those guys (King and Gandhi) died. I'm not going to die." The Independent Nation leader acknowledges that some individuals associated with the group take a more militant stance and that he cannot eontrol their actions. "The state has got to watch out for terrorists because they are out there and they are very supportive of what we are doing. I don't tell them to go out there and do their thing but the state has got to be aware of

Ihem." Th'e Independent Nation stuck to its nonviolent word when the men in the group occupying the Makapu'u Beach Park agreed last month to peacefully "retreat" to an agri-

cultural lot in Waimānalo. The women also were nonviolent but chose to be arrested in what they called a peaceful protest, a demonstration of solidarity with Queen Lili'uokalani, who was arrested a century ago.

Makapu'u residents take a luneh break in the days leading up to eviction. Photo by Patrick Johnston