Ka Wai Ola - Office of Hawaiian Affairs, Volume 12, Number 5, 1 Mei 1995 — Page 8 Advertisements Column 1 [ADVERTISEMENT]

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The sovereignty issue is so confusing. What is sovereignty? We ean begin our understanding of sovereignty by looking at it in two ways — there is inherent sovereignty and polilieal sovereignty. What is inherent sovereignty? Inherent is something you are born with. Your right to life is inherent. You also have the inherent right to control your own affairs, as long as you do not hurt anyone. All people are inherently sovereign. What is poIitical sovereignty? PolUieal sovereignty is \hepower of a people to exercise inherent rights. It is usually expressed through a govemment of their own choosing. Without power, people may be denied their inherent rights. What is Hawaiian sovereignty all about? Hawaiian sovereignty is a struggle for political sovereignty. It is a struggle by Hawaiian people to control their own affairs and to manage their own assets, including money and land. Don't Hawaiians have political sovereignty already? No. The final decisions over Hawaiian affairs are controlled by the U.S. govemment and State of Hawai'i. What's wrong with that? While there have been benefits under the current system, both the U.S. and State of Hawai'i have historically mistreated Hawaiians. In general, Hawaiians are at the bottom of all statistics whieh measure social and eeonomie well-being in Hawai'i. So ean sovereignty solve all of these problems? Sovereignty can't solve all of these problems right away, but the process of healing has begun, and must eonhnue with Hawaiians making these important decisions for themselves. Isn't this struggle for Hawaiian sovereignty mostly about controlling money and land? No. Hawaiians want to protect their unique spiritual and cultural heritage. They want to improve the social and eeonomie well-being of their people. They believe they have something special to offer. They believe they will be in a better position to do these things if they control their own affairs. Wliieh Hawaiians are we talking about? Are we talking about all people who live in Hawai'i? At this time, we are talking about descendants of the aboriginal peoples inhabiting the Hawaiian Islands whieh exercised sovereignty and subsisted in the Hawaiian Islands in 1778. Well, what about those who aren't Hawaiian? What is their role in this sovereignty struggle? Where do they fit in? Hawaiians share many different ethnic backgrounds through intermarriage, and they know many non-Hawaiians are just as committed to Hawai'i's future well-being as they are. At this state in its development, the sovereignty movement has been led by Hawaiians to correct past injustices and to create a better future for Hawai'i. But they need the support and understanding of everyone. We all need to join together in this great struggle. Who took away llawaiian political sovereignty? The U.S. govemment, by an act of war, robbed Hawaiians of their poliheal sovereignty in 1893This was illegal and immoral. Through Public Law 103-150, the U.S. government admitted to the illegal acts of war, including the overthrow of the Hawaiian govemment. What else was taken? The U.S. also robbed Hawaiians of approximately 1,750,000 acres of land belonging to the Hawaiian sovereign nation. This theft was also illegal and immoral. In Public Law 103-150, the U.S. also admitted to the illegal taking of Hawaiian national ("ceded") lands. What do tlie words "coIonizer", "colonialist government", "colonization" and "decolonization" refer to? These are all terms used to describe a powerful nation whieh takes away the political sovereignty and lands of a less powerful nation. The U.S. "coIonized" Hawaf i. "Decolonization" is when the colonizing nation withdraws its control over the less powerful nation, thereby restoring that nation's sovereignty. Did the U.S. ever restore Hawaiian sovereignty or the 1,750,000 acres of land that were taken? No. The U.S. annexed, or made Hawai'i one of its polilieal possessions (a Territory) in 1898. Hawai'i remained a Territory until 1959, when it became a state. The U.S. never retumed or paid for the 1,750,000 acres whieh belonged to the Hawaiian sovereign nation. Instead, when Hawai'i became a state, the U.S. transferred 1,350,000 acres to the new state to manage. The U.S. kept approximately 400,000 acres for military bases and national parks. Some say Hawai'i had a ehanee to regain its political sovereignty before it became a state. What happened? As a U.S. possession, the Territory of Hawai'i was included on a list of colonized nations eligible to have its sovereignty restored (eligible to be "decolonized") . Instead of preparing Hawai'i for decolonization as it was legally obligated to do, territorial officials along with business and other powerful interests promoted statehood. hplebiscite vote was held, and an overwhelming majority of Hawai'i residents voted for statehood. What is "self-determination"? Self-determination is an inherent right. It means you determine for yourself what you want. Self-determination means ehoiee. Why is understanding self-determination important to an understanding of the sovereignty issue? Because self-aetermination means a people have a ehoiee, the right to choose what they want. Self-determination is a very important principle of intemational law. Full self-detennination means we have the right to choose from three major poliheal options: Full lndependence/Autonomy. This means Hawai'i would have the same status it had before the overthrow — be an independent country like Great Britain, France, etc. Less than Full Independence/Autonomy. Hawai'i could be independent, but attached to another nation (like the U.S.) for limited purposes, such as defense. Examples include the Federated States of Micronesia, attached to the U.S. for limited and specific purposes, and the Cook Islands, attached to New Zealand. Integration. Hawaiians could remain within the U.S. system, but have certain rights with respect to managing its affairs, like Indian tribal nations. This is called a "nation-within-a-

nahon" model. Another integration option is the "state-within-a-state" model, where Hawaiians could exercise powers mueh like a County. What powers are exercised by a nation whieh enjoys the first option, full independence/autonomy? Unlimited sovereign political powers, including the power to control Defense, Taxation, Migration, Citizenship, and Intemational (including Trade) Relations. What powers are exercised by a nation whieh chooses the second option, less than full independence/autonomy? Same powers as a fully independent nahon, except it may choose to allow a stronger nation to assume certain of its powers (like nahonal defense). What powers are exercised by a nation whieh chooses the third option, integration ("nation-within-a-nation"; "state-within-a-state")? A nahon whieh chooses integration generally falls under the poliheal sovereignty of the more powerful nation of whieh it is a part. Indian tribal "nations-within-a-nation" do not have to follow the U.S. Constitution in some instances, but they have no authority over matters pertaining to Defense, Migration or Intemational (including Trade) Relations. A "state-within-a-state" ean only exercise powers permitted by the state of whieh it is a part. OHA is the closest existing model of a "state-within-a-state". What is the Hawaiian Sovereignty Elections Council all about? What does it have to do with this sovereignty issue? The Hawaiian Sovereignty Elections Council (HSEC) is beginning a necessary step-by-step process whieh may someday lead to restoration of Hawaiian poliheal sovereignty, if Hawaiians as a people feel they are ready. It is open to all Hawaiians, 18 years and older, wherever they reside. What is the HSEC process? Step 1, Ballot Question. Ask Hawaiians if they want to elect delegates to fonn a government. This will be asked on a mail-out ballot in November of this year. Step 2, Apportionment. lf Hawaiians answer "yes", the proposed next step would be to divide the islands up into districts from whieh delegates ean be elected. HSEC has considered eight plans for apportionment, but has not made a final decision. Step 3, Election of Delegates. The proposed third step would be to hold an eleehon of approximately 100 delegates elected by residents from their own islands. HSEC has considered varying numbers of delegates, but has not made a final recommendation. Step 4, Island Halawai. The proposed fourth step could be to hold island gatherings where delegates would discuss and formulate positions relative to their issues and concerns. Step 5, Central Gathering (Convention) Elected delegates would draft a proposal for a form of govemment (a "constitution"). This is the proposed 5th step. Step 6, Approval or Disapproval of the Proposed form of Government Ratification). In the proposed 6tli step, the Hawaiian people would then be asked to approve or not approve, by vote, the form of government proposed by the delegates. Step 7, Formal Recognition. If the form of government is approved, the newly-fqrmed nation might want to seek formal recognition of its nationhood from the state, ffionited States, the United Nations, and other countries and nations. The HSEC ballot question has been called a "Plebiscite". I'm not familiar with that word, but some people say a plebiscite could take our sovereign rights and claims away. ls this true? No. Hawaiians will not risk their political sovereignty or sovereign claims by participating in the HSEC Plebiscite. A "Plebiscite" is an official vote of the people on a special issue or question. The HSEC Plebiscite question is, " Shall the Hawaiian people elect delegates to propose a native Hauaiian government?" If the majority of Hawaiians vote "yes" in the Plebiscite, there will be an eleehon of delegates. A "no" vote means there will be no such process funded by the legislature at this time. The process described above will take several years and may end up costing the state millions. Why should Hawaiians be doing this when the state is in such a financial bind? The Hawaiian Sovereignty Elections Council has been called by people of this State of Hawai'i, through their elected representatives, to help it resolve over 100 years of injustice. Councilmembers have agreed to assist. However, if the state withdraws its support for this process, most Councilmembers, as Hawaiians, are committed to continuing their support for a fair and open process whieh will ultimately lead to restoration of Hawaiian political sovereignty. Is the state controlling this process? No. The state is assisting by providing funding for this process. The state has never interfered with or influenced the substantive work, deliberations or decisions of the Council. Most of the Councilmembers have worked for decades, in other capacities, for the betteiment of the Hawaiian people. Some sovereignty leaders have critized the Hawaiian Sovereignty Elections Oouneil because of "Section 14"; what is "Section 14"? "Section 14" refers to language in the law whieh created the Hawaiian Sovereignty Elections Council. That section states that no outcome whieh results from this process will have the legal effect of canceling out Hawaii's laws and constitution. Critics say this means the HSEC process won't accomplish anything. But Section 14 just states the obvious, that the State of HawaEi cannot violate its own laws and constitution by agreeing in advance to the decisions of another sovereign entity. When Hawaiians form their nation, they must negotiate with the state and federal governments to press their claims. The laws and constitution will then be amended, or changed, to reflect the results of these negotiations. Am I going to Iosc my rights under this sovereign nation? What about my social security and other benefits? Sovereignty would not affect Social Security and similar benefits. Today, there are many noncitizens who onee worked in Hawai'i but now live in foreign countries who receive social security. Will private lands be taken? No proposal for the taking of private lands has been seriously considered.

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