Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 11, 1 November 2002 — Akaka Bill [ARTICLE]

Akaka Bill

In OHA v. Housing Community Development Corporation of Hawai'i, OHA is challenging the State of Hawai'i's right to sell the CededLands whieh are a pubic trust set up by the Admissions Act. The major issue in this lawsuit is the clouded title whieh the United States passed to the state. Who really owns the Ceded Lands? We Hawaiians will determine this by our actions or laek ofaction. Under international law, if an aggressor nation (U.S.) seizes land by force, title ean be transferred only through prescription, acquieseenee, or through recognition if there have been no clear protests. 30,000 Hawaiians did protest by signing petitions in 1895. However, if the fmdings of the Akaka Bill are understood to uphold the United States' right to Hawai "i, the destruction of the Kingdom of Hawai'i's government and institutions, andthe power ofthe United States over the native people of the United States, including Hawaiians, to limit these natives to dependent, domestic

nations without the status of true Nation States, then the United States could legally acquire Hawai'i through recognition. The Supreme Court decision Lone Wolf v. Hitchcock of 1 903 states that the U.S. ean ignore treaties with Indian nations because they do not have true status as nation states but are limited in their powers and undar the ultimate jurisdiction of the United States. If we Hawaiians eome under the purview of the Department of the Interior and Congress, we would no longer have the potential status of a Nation State: the title to our land would be extinguished; the United States would legally own our lands. Lela Hubbaid Aiea OHA reserves the right to edit all letters for length, defamatory and libelous material, and other objec - tionable content, and ieserves the right to print. All letters must be typed, signed and not exceed 200 words. Send letters to Ka Wai Ola o OHA, 711 Kapi' olani Blvd., Ste. 500, Honolulu, HI 96813 or email to oha2002@aloha.net.