History of Hawaiian Islands|
Date: Sat, 9 Sep 1995 04:31:57 -1000
From: Hawaii Nation Info <email@example.com>
Interpretation of U.S. Public Law 103-150 under
and its Implications for the Restoration of the Independent and
Sovereign Nation State of Hawai`i
By Professor Francis Anthony Boyle
December 28, 1993
Mable Smyth Hall, Honolulu
The United States of America is "...admitting that the invasion, overthrow,
occupation, annexation, starting in 1893, on up, violated all the treaties,
violated basic norms of international law, and the United States
Constitution... the overthrow of a lawful government... Under international
law when you have a violation of treaties of this magnitude, the World
Court has ruled that the only appropriate remedy is restitution."
"...now the United States government, after one hundred years, has finally
and officially conceded, as a matter of United States law, that Native
Hawaiian people have the right to restore the Independent Nation State that
you had in 1893 when the United States government came and destroyed it.
And also then that as a matter of international law the Native Hawaiian
people have the right to go out now and certainly proclaim the restoration
of that State... this resolution clears up all these matters... You don't
need to petition Congress to do it. Congress has given you everything you
need right here to do it, if that's what you want to do. The United
Nations Charter provides the rest of the authority to do it."
"Congress is effectively conceding now that the (1959 statehood) vote is
meaningless, as a matter of international law and United States domestic
law. So you're not bound by it. Rather I'm suggesting you're now free to
determine your own fate pursuant to the principal of self-determination."
"The State of Hawai`i, the federal government, are... the civilian arms of
the military occupation authority, and... do not have sovereign powers.
The sovereignty resides in the people."
"Who's land is it? Well, from what Congress seems to be saying, it's the
land of the Native Hawaiians. The Native Hawaiian people still have
sovereignty... You can't trespass on your own land. The trespassers then
become the State of Hawai`i, and the land developers, and the golf courses,
and the resorts. You are simply the Native Hawaiians asserting your rights
under international law... this reversal of positions, between who is the
criminal and who is the victim, who is asserting their rights and who is
violating their rights, has been effectively conceded by Congress."
"... these are official findings of fact and law, by the Congress of the
United States. These findings bind all state and federal courts here in
"As a litigator before the International Court of Justice, I would be able
to take this law to the World Court, and say, 'The United States government
has now officially conceded that it illegally invaded and occupied the
Kingdom of Hawai`i, and for this reason the native people of Hawai`i would
be entitled to a restoration of their independent status as a sovereign
"I could not predict how long this would take, what would be the
consequences, how many states will recognize you, but I take it that the
plight of the Hawaiian people is generally well known in the world, and
there's a great deal sympathy ...it might be that you would be able to
obtain recognition quickly. And especially if you pursue this process in
accordance with principals of peaceful, non-violent struggle. And I submit
that's the most effective technique you have today... Gandhi threw the
mighty British Empire out of India without using force. People power, what
we call it today. And I submit that the Native Hawaiian people would be
able to do the same thing, moving in this direction and adopting the
techniques of peaceful, non-violent action, which is what Gandhi called
"I would certainly caution you against trying to seek the same type of
treatment that the federal government has doled out to the Native
Americans. Moreover, on the basis of this statute, you're entitled to a
"...an Independent Sovereign Nation State is one way a people who are
threatened with extermination by means of genocide can attempt to protect
themselves... What is the best way to protect the existence of your people,
as a people? ...to proclaim your own State, and then ultimately seek
international recognition and finally UN membership..."
"...it's your future and that of your children and your children's children
that is at stake."
WHAT ARE THE CRITERIA ... HOW CAN IT BE DONE ?
"First, a fixed territory, and clearly we have the Hawaiian Archipelago...
Who's land is it? Well, from what congress seems to be saying, it's the
land of the Native Hawaiians. The Native Hawaiian people still have
sovereignty. The sovereignty inheres in you. And now it is for you to
decide what to do with this sovereignty... the title to the land rested and
still rests, under international law, with the Native Hawaiian people."
"Second, a population, a distinguishable population of people, the Native
Hawaiians, those who would trace their ancestry back before the appearance
of Europeans on these lands... Certainly the Hawaiian state could take the
position that you'll set up a procedure to provide citizenship to all
people who are habitual residents of the new State of Hawaii as of a
certain date... on a level of equality with everyone else."
"Third, a government, and here you have... the Kupuna (Elders) Counsel,
that you've traditionally had. You don't need a government along the lines
of the federal government of the United States or the State of Hawai`i to
have a government. Rather what you need is a way to organize your people
to govern your relations among each other, and clearly you have that."
"And fourth, the capacity to enter into international relations, to deal
with other states, and to keep your commitments. As I understand it, there
are already states in the Western Pacific region that support the Native
Hawaiian people and probably would be prepared to give you diplomatic
recognition as an Independent State... You would probably obtain
recognition in that capacity from a fairly large number of states."
Professor Francis Anthony Boyle is now serving as international legal
counsel to the sovereign and independent Nation of Hawai`i.
Prof. Boyle's Qualifications as an Expert on International Law:
Doctor of Law (1976) from Harvard Law School. Master's Degree (1978) and
Ph.D. (1983) from Harvard University, in political science specializing in
international relations and international politics. Author of Defending
Civil Resistance Under International Law, The Future of International Law
and American Foreign Policy, World Politics and International Law, and
other books, as well as major articles on a range of related international
law and human rights issues. Professional memberships include the American
Society of International Law, the American Bar Association, the American
Political Science Association, and the Lieber Group on the Laws of War.
Consultant to Amnesty International and American Friends Service Committee.
Assisted the Palestinian people in the declaration and development of
their independent nation state. Currently defending Bosnia-Herzegovina in
the International Court of Justice.
University of Illinois at Urbana Champaign, College of Law
204 Law Building, 504 East Pennsylvania Avenue
Champaign, IL 61820
public document - please distribute freely
Executive Office, Nation of Hawai`i
P.O. Box 80, Waimanalo, Hawai`i
voice: 808/259-5049 or 259-7152