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A RESOLUTION INTRODUCED IN THE HAWAII STATE HOUSE IN MARCH 2002, WHICH PASSED THE STATE SENATE IN 2001, SAYS THE HAWAII STATEHOOD VOTE OF 1959 WAS ILLEGITIMATE, AND THAT THE UNITED NATIONS SHOULD MONITOR A NEW PLEBISCITE OFFERING INDEPENDENCE





A very important Hawaiian independence resolution was introduced in the Hawai'i Legislature in March 2002. HRC59 (House Concurrent Resolution 59) and HR35 (House Resolution 35) is the same resolution which passed the Senate in 2001 as SR 98 and SCR 138. It would place the Legislature on record as asking Congress and the United Nations to revisit the Statehood vote of 1959. This resolution makes it appear that the people of Hawai'i have serious doubts whether Hawai'i is legitimately a part of the United States. It would set the stage for a U.N. supervised plebiscite offering Hawai'i the option of independence. In effect, the resolution is a cry for help to the United Nations from the people of Hawai'i, saying "Help! We're stuck inside an alien nation and we need help to escape." This resolution, as passed by the Senate last year, already had certified copies sent to the President, Congress, and the United Nations commission on the decolonization of non-self-governing territories. The Hawaiian sovereignty activists quietly got this resolution passed with no public attention. Patriotic Americans in Hawai'i simply cannot let the resolution go unchallenged in the House in 2002.

Do Hawai'i's people truly believe the Statehood vote of 1959 was invalid? Do Hawai'i's people really want Congress and the United Nations to question whether Hawai'i is a State, and to hold a U.N. supervised plebiscite to resolve the issue? The resolution fails to mention that under the U.N. decolonization rules as interpreted by the activists, only Native Hawaiians would have a right to vote on whether to rip the 50th star off the flag. The remaining 80% of Hawai'i's people would then have their citizenship and property rights decided by the 20% who have the politically correct racial makeup. The 110-year history of the multiethnic struggle to achieve Statehood in 1959, and 43 years of Statehood since then, would be thrown in the trash.

Institutions such as the Office of Hawaiian Affairs, laws providing racial entitlement programs restricted to Native Hawaiians, and resolutions such as this one are clearly contrary to the U.S. Constitution and to the basic principles of social unity and equality under the law. Yet well-meaning citizens of Hawai'i repeatedly elect Legislatures which pass such nonsense. Perhaps the explanation for such irrational behavior lies in the mascot syndrome:
http://www.angelfire.com/hi2/hawaiiansovereignty/hawnsasmascots.html

Hopefully the terrorist attacks of September 11, 2001, and the public reactions to the flag-flying controversies in Wai'anae and at 'Iolani palace, have re-invigorated the American patriotism of Hawai'i's people and have given us a wake-up call that the sovereignty of the United States in Hawai'i is precious. Hopefully the Legislature will reject HCR59 and HR35. The remedy for HCR59 and HR35, and for the companion Senate resolutions passed in 2001, is to pass the Statehood Day Celebration resolution, HR11 and SR22. This resolution provides historical information which reviews the long struggle of Hawai'i to be admitted to Statehood. The resolution reaffirms Hawai'i's pride in being the 50th State, and calls upon the Governor to organize a patriotic celebration of the already existing Statehood Day holiday (formerly known as Admission Day). For details, see
http://www.angelfire.com/hi2/hawaiiansovereignty/statehoodhistandcurr.html

Text of HCR59 is provided below. HR35 has identical language. It is quite possible that both of these identical resolutions will have separate hearings, and be sent on different paths through the Legislature, for technical reasons. Thus, both resolutions must be tracked. After reading the text of the resolution, please take time to read the reports of the Senate committees which passed the companion resolution in 2001. In some ways those committee reports are even more outrageous than the resolution itself. This material is good confirmation that Senator Gorton was correct in his debate with Senator Inouye in 1993 regarding the apology bill. Senator Gorton said that the logical consequence of the apology bill would be the secession of Hawai'i (and Inouye said, nah, it's just a simple apology).

http://www.capitol.hawaii.gov/sessioncurrent/bills/hcr59_.htm



HCR59

HOUSE OF REPRESENTATIVES

H.C.R. NO.

59

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

requesting the united states government and the united nations to review the actions taken in 1959 relevant to hawai`i's statehood.

 

WHEREAS, over the last three decades, the Hawai`i society, and especially the native Hawaiian population within that broader society, has had the opportunity to engage in a process of recovery and rediscovery recovery of the arts, crafts, cultural expression and language of Hawai`i's past, and rediscovery of the historical events which have brought Hawai`i to its present political, social, and economic condition; and

WHEREAS, the process of recovery and rediscovery has brought about much mourning amongst the native Hawaiian people, the descendants of Hawaiian nationals of the Kingdom of Hawai`i, and others who also share today the Hawaiian archipelago as their home; and

WHEREAS, in the aftermath of the process of recovery and rediscovery and of mourning, from many fronts within the Hawai`i society, people have engaged in dreaming of a just and secure Hawai`i society, addressing both possibilities of remaining within or stepping without the United States of America; and

WHEREAS, in 1991, the Hawai`i State Legislature, by Concurrent Resolution, encouraged the continued discussion and debate over the subject of Hawai`i's future, both within or without the United States of America, forming the first of three legislatively construed entities, the Sovereignty Advisory Commission; and

WHEREAS, in 1993, the Hawai`i State Legislature, following the report of Sovereignty Advisory Commission, formed the Hawaiian Sovereignty Advisory Council which continued the investigation of Hawai`i's history and conducted mass consultation with the native Hawaiian people on the future steps to be taken on the subject of Hawaiian sovereignty; and

WHEREAS, on November 23, 1993, the United States Congress adopted and the President of the United States signed Public Law 103-150 thereby confessing to a list of events violating the rights of self-determination to the Hawaiian Kingdom and apologized to the native Hawaiian People for the complicity of the United States in such events which resulted in the overthrow of the Hawaiian Kingdom; and

WHEREAS, in 1993, the Hawai`i State Legislature enacted Act 354, Session Laws of Hawai`i 1993, acknowledging that the actions of the United States were illegal and immoral, and pledged its continued support to the native Hawaiian community by appropriating funds for the development of programs and curriculum to educate the general public about Hawaiian sovereignty through a purchase of service contract with Hui Na'auao; and

WHEREAS, throughout these developments, it has become ever more apparent that the events which brought Hawai`i into union with the States of the United States were of questionable legality and morality; and

WHEREAS, during these three decades, it is now made clear that the standards of international law and the obligations of the United States under the Charter of the United Nations had not been fully complied with in that the process of self-determination leading up to a choice for the people's future form of governance were not met in Hawai`i at the time the 1959 vote on Statehood was taken; and

WHEREAS, in 1959, when the Statehood Vote was put to the people of Hawai`i, the choices given to the people did not include choices for independence from or free association with the United States of America, but only the option of integration with the United States, in the form of a State of the Union, or as a territory of the United States; and

WHEREAS, when the United States Congress acted upon the vote bringing Hawai`i into the Union of States, a serious question was raised as to whether or not that act was consistent with the fulfillment of the human rights and fundamental freedoms of the people who were governed under a system of non-self governing territories pursuant to General Assembly Resolution 66 of the United Nations; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawai`i, Regular Session of 2002, the Senate concurring, that the Legislature calls upon the United States government and the United Nations, as parties to the Charter of the United Nations, to:

(1) Review the actions taken in 1959 relevant to Hawai`i's Statehood within the Union of the United States of America, the fact that, in affording the people the opportunity for self-governance, no choices were given for independence or free association, but only for integration within the United States of America; and

(2) Consider the implications for the continuing right of self-determination for the native Hawaiian people and for the people of Hawai`i, as both a matter of domestic law and international law;

and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the United States, the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, the Secretary General of the United Nations, and the United Nations' Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Native Hawaiian Sovereignty; Urging Federal Action and Support



The same resolution passed the Hawai'i State Senate in 2001, when it was called SR98.

http://www.capitol.hawaii.gov/session2001/bills/sr98_.htm

As that resolution worked its way through various committees, those committees produced reports that accompanied the resolution to the next committee or to the floor of the Senate. Below are excerpts from some of those committee reports, and the URL where the full report can be seen at the Legislature's website.

----------------------------------

http://www.capitol.hawaii.gov/session2001/commreports/sr98_sscr1574_.htm

includes the following shocking language:

Your Committee finds that on November 23, 1993, the United States Congress adopted and the President of the United States signed Public Law 103-150, thereby confessing to a list of events violating the rights of self-determination to the Hawaiian Kingdom and apologizing to the Native Hawaiian People for the complicity of the United States in such events which resulted in the overthrow of the Hawaiian Kingdom.

Also in 1993, the Legislature enacted Act 354, Session Laws of Hawaii 1993, acknowledging the actions of the United States were illegal and immoral, and pledging its continued support to the native Hawaiian community by appropriating funds for the development of programs and curriculum to educate the general public about Hawaiian sovereignty through a purchase of service contract with Hui Na'auao.

Partly through this educational process, it has become more and more apparent that the events that brought Hawaii into union with the United States were of questionable legality and morality. It has also been made clear that the standards of international law and the obligations of the United States under the Charter of the United Nations had not been fully complied with at the time the 1959 vote on Hawaii's statehood was taken.

In 1959, when the Statehood Vote was put to the people of Hawaii, the choices given to the people did not include choices for independence from or free association with the United States of America. The only option provided was to accept or reject integration into the United States, in the form of a State of the Union, or as a territory of the United States.

When the United States Congress acted upon Hawaii's election to become part of the United States, a serious question was raised as to whether or not that act was consistent with the fulfillment of the human rights and fundamental freedoms pursuant to General Assembly Resolution 66 of the United Nations.

Your Committee believes that these fundamental questions should be answered if the process of self-determination for the Native Hawaiian people is to move forward in a cogent manner.

As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 98 and recommends that it be referred to the Committee on Judiciary.

-----------------------------------

Two further committee reports were later produced, which were essentially the same:

http://www.capitol.hawaii.gov/session2001/commreports/sr98_sscr1574_.htm

and

http://www.capitol.hawaii.gov/session2001/commreports/sr98_sscr1624_.htm

-----------------------------------

The status report for SR98 indicates that it was SR98 that actually got certified copies transmitted to the U.S. government and to the United Nations in 2001. Both the resolution and the report were adopted by the entire Senate, and forwarded to the House, where time ran out. The resolution was introduced again in the House in March 2002. Here is the status report of SR98 from 2001, including the votes cast by two of the committees (Hawaiian Affairs, and Judiciary):

http://www.capitol.hawaii.gov/session2001/status/SR98.asp

Date Status Text

3/15/01 S Offered.

3/16/01 S Referred to HAW, JDC.

3/28/01 S Resolution scheduled to be heard by HAW on 04-05-01 at 2:30 p.m. in conference room 016.

4/5/01 S The committee(s) on HAW recommend(s) that the measure be PASSED, UNAMENDED.

4/5/01 S The votes in HAW were as follows: 3 Aye(s): Senator(s) Chun, Kokubun, Chun Oakland; Aye(s) with reservations: None; 0 No(es): None; and 2 Excused: Senator(s) Hanabusa, Hemmings.

4/6/01 S Notice of public decision making by JDC on 04-09-01 at 9:15 a.m. in conference room 229.

4/6/01 S Reported from HAW (Stand. Com. Rep. No. 1574), with recommendation of referral to JDC. Report adopted and referred to JDC.

4/9/01 S The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED.

4/9/01 S The votes in JDC were as follows: 5 Aye(s): Senator(s) Kanno, Fukunaga, Kokubun, Nakata, Slom; Aye(s) with reservations: None; 0 No(es): None; and 4 Excused: Senator(s) Matsuura, Chun, Hanabusa, Ihara.

4/12/01 S Reported from JDC (Stand. Com. Rep. No. 1624) with recommendation of adoption.

4/12/01 S Report and Resolution Adopted.

5/15/01 S Certified copies of resolutions sent, 05-15-01.


---------------------------------------

A companion resolution also passed the Senate in 2001, called SCR138.

http://www.capitol.hawaii.gov/session2001/bills/scr138_.htm

The standing committee report on the resolution from the Committee on Hawaiian Affairs, that accompanied the resolution to the Senate President and to the full Judiciary committee

http://www.capitol.hawaii.gov/session2001/commreports/scr138_sscr1573_.htm

includes the following language

When the United States Congress acted upon Hawaii's election to become part of the United States, a serious question was raised as to whether or not that act was consistent with the fulfillment of the human rights and fundamental freedoms pursuant to General Assembly Resolution 66 of the United Nations.

Your Committee believes that these fundamental questions should be answered if the process of self-determination for the Native Hawaiian people is to move forward in a cogent manner.

As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 138 and recommends that it be referred to the Committee on Judiciary.

----------------------------------------

Following the vote by the Committee on Hawaiian Affairs, the resolution was heard by the Committee on Judiciary, which reported it out accompanied by the following report:

http://www.capitol.hawaii.gov/session2001/commreports/scr138_sscr1623_.htm

which includes the following language:

In 1959, when the Statehood Vote was put to the people of Hawaii to make a choice, the choices did not include independence from or free association with the United States of America. The only option provided was to accept or reject integration into the United States, in the form of a State of the Union, or as a territory of the United States.

Another issue is whether or not the United States Congress acted to fulfill the human rights and fundamental freedoms pursuant to General Assembly Resolution 66 of the United Nations.

Your Committee agrees with the Committee on Hawaiian Affairs that these fundamental questions should be answered if the process of self-determination for the Native Hawaiian people is to move forward in a cogent manner.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 138 and recommends its adoption.

Here is the history of the bill status and votes on this resolution in 2001:

http://www.capitol.hawaii.gov/session2001/status/SCR138.asp

3/15/01 S Offered.

3/16/01 S Referred to HAW, JDC.

3/28/01 S Resolution scheduled to be heard by HAW on 04-05-01 at 2:30 p.m. in conference room 016.

4/5/01 S The committee(s) on HAW recommend(s) that the measure be PASSED, UNAMENDED.

4/5/01 S The votes in HAW were as follows: 3 Aye(s): Senator(s) Chun, Kokubun, Chun Oakland; Aye(s) with reservations: None; 0 No(es): None; and 2 Excused: Senator(s) Hanabusa, Hemmings.

4/6/01 S Notice of public decision making by JDC on 04-09-01 at 9:15 a.m. in conference room 229.

4/6/01 S Reported from HAW (Stand. Com. Rep. No. 1573), with recommendation of referral to JDC. Report adopted and referred to JDC.

4/9/01 S The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED.

4/9/01 S The votes in JDC were as follows: 5 Aye(s): Senator(s) Kanno, Fukunaga, Kokubun, Nakata, Slom; Aye(s) with reservations: None; 0 No(es): None; and 4 Excused: Senator(s) Matsuura, Chun, Hanabusa, Ihara.

4/12/01 S Reported from JDC (Stand. Com. Rep. No. 1623) with recommendation of adoption.

4/12/01 S Report and Resolution Adopted.

4/12/01 S Transmitted to House.

4/12/01 H Received from Senate (Sen. Com. No. 716).

4/16/01 H Referred to the committee on JHA, referral sheet 46.


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