Ka Wai Ola - Office of Hawaiian Affairs, Volume 16, Number 12, 1 Kekemapa 1999 — Two steps to self-determination: Part I [ARTICLE+ILLUSTRATION]

Two steps to self-determination: Part I

> INCE CONGRESS passed the 1993 f Apology Law, acknowledging, the ihegal overthrow of the Hawaiian \ Nation in 1893 deprived the indigew nous Hawaiian peoples of our right to "self-determination," Hawahans have been considering and discussing how a native nation could be restored through a fair and inclusive self-determined process. This paper explores "self-deter-mination" and how it ean become a reahty As defined in the International Covenant on Civh and Pohtical Rights, self-determination is a human right, not a right of the State of Hawai'i or the U.S.A. or corporation, but a right that belongs to human beings. Self-determi-nation is also a collective right. The intemational legal definition says that "peoples" have the right of self-determi-nation. Individuals have individual rights; peoples' rights go to collective groups of human beings. So Hawahans as a group have the right to determine their pohtical status. If Hawahans are to be given theh right of "self-determina-tion" as part of the reconcihation process under the Apology Law, then there must be a process whieh empowers Hawahans to determine their pohheal status. To summarize, "Self-determination" is a

collective human right whieh Hawahans exercise through a process whieh allows them first to choose theh pohtical status, and then to use theh pohtical stams to

"ffeely pursue theh eeonomie, social and eultural development." Self-determination is a two-step process. Onee the primary right to choose and create a pohheal entity or nation has been exercised, the political entity representing the people implements programs for the eeonomie, social and cultural. What would a "self-determi-nation" process for Hawaiians look like and how would it be implemented? Before a eonstitution ean be drafted to create a nation, the

Hawaiian people must be choose theh polhieal status and the form of govemment for theh nation via a self-determi-nation ballot. Options derive from the Hawaiian community and intemational law. Hawaiian community options might

include haditional ah'i; monarchy (Kamehameha bloodlines); kingdom with a eouneil of chiefs; nation within a nation, similar to American Indians'

autonomy; and other specific options , such Ka Lāhui Hawai'i or a monarchy under the Kawānanakoas. Options arising under intemational law include free association; a separate system of govemment; independence and incorporation, meaning | statehood and the status quo. Independence should be presented on a separate ballot because it is not a govemment I shucture; it relates to I the relationship between | the U.S. and the newly created nation. Eaeh Hawauan voter should

be ahowed to cast one vote for a govemment shucture and one vote on the issue of independence. In addition, Hawaiians could be given the option to vote for or against certain powers of their nation: to print money, eonhol land, create courts of justice etc.

What happens if the Hawaiians vote for no clear majority position in Step One? This is okay because in Step I\vo, the sovereignty ballot, many choices ean be accommodated. Step Two is the implementation of the pohtical will of the people. It involves the election of delegates who represent the peoples' pohheal will and the peoples' community. During Step Two, voters select their representatives who wih actually create the government and write the constitution of the new nation. Representatives and delegates chosen in Step Two are limited in their power: They ean only do what the people have empowered them to do in Step One. For example, if 75 percent of Hawahans vote to restore the monarchy, then the delegates to the constitutional convention must create constitutional monarchy. 5 Representatives and delegates are not given free rein to do whatever they want. If they had this ffeedom, they would not be implementing the self-determined will and ehoiee of the peoples who chose them. Representatives and delegates must be accountable to the people. Next month, I will explain more about Step Two in the process toward sovereignty and self-determination. ■

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