History of the Hawaiian Islands|
Date: Sat, 9 Sep 1995 04:31:59 -1000
From: Hawaii Nation Info <firstname.lastname@example.org>
Subject: Requested information on 8
16 January, 1995
Aloha Ke Akua
We the Kanaka Maoli Nationals and Descendants reaffirm our heritage,
sacrifices, wisdom and 'Onipa'a (steadfastness) of our late Mo'i Wahine,
Lydia Kamaka'eha Lili'uokalani Paki and all our Ali'i, Kahuna
(specialists), and Maka'ainana (people) from each of the Mokupuni o Hawai'i
Nei, mindful of the Divine heritage and National creed which ke Akua has
endowed upon us, and the legacy of Our Ancestors, who exercised sovereignty
in a highly developed system of government based upon Aloha 'Aina, and who
lived in and occupied the Archipelago of Hawai'i since time immemorial;
We the Kanaka Maoli Nationals and Descendants appeal to the Supreme Justice
of the world, ke Akua, and Our Ancestors, for the integrity of our
intentions, as we unite to protect our sacred lives and honor;
We the Kanaka Maoli Nationals and Descendants have been subjected to the
international crimes of Genocide and Crimes Against Humanity, as defined in
the Nuremberg laws;
We the Kanaka Maoli Nationals and Descendants have the right to be free and
independent, unfettered from any foreign power;
We the Kanaka Maoli Nationals and Descendants do hereby declare Our
Independence among the Nations of the World;
We the Kanaka Maoli Nationals and Descendants reaffirm Our right to
self-determination as a people, and by virtue of that right, We freely
determine to restore Our political, economic, social, and cultural rights;
We the Kanaka Maoli Nationals and Descendants maintain our spiritual
relationship with nature and all our surroundings, in universal harmony,
for the rights of humanity, in peace, love, and understanding;
We the Kanaka Maoli Nationals and Descendants maintain Divine justice and
liberty to be guided by ke Akua and Our Kupuna, and those who are here with
us today to light the way;
We the Kanaka Maoli Nationals and Descendants maintain a government of the
people, by the people and for the people, to protect and preserve Our
cultural heritage in perpetuity for the future of our posterity;
We the Kanaka Maoli Nationals and Descendants maintain 'Olelo Makuahine as
our official language;
We the Kanaka Maoli Nationals and Descendants reaffirm and maintain the
'Ohana System of our society as a whole whereby Kupuna advise and consent,
Makua act and lead, and 'Opio help and learn;
Thereby, We the People of the Nation of Hawai'i, do hereby ordain and
establish this Constitution.
Proclamation of Restoration
The Proclamation of Restoration of the Independent and Sovereign
Nation-State of Hawai'i of January 16, 1994, is hereby adopted on behalf of
the people of the Nation of Hawai'i, and is incorporated into this
Constitution with full force and effect as law.
Rights and Equal Protection
Declaration of Fundamental Rights
Ke Akua has endowed every human being with rights and equal protection with
the inherent and inalienable rights that shall not be denied nor infringed
upon. Every individual person is born free by nature and is accorded the
mutual respect of these rights. Every individual person has the
corresponding obligation, duty and responsibility to honor and respect
these basic fundamental rights before the law.
Section 1. The Fundamental Rights.
- a. The right of everyone to life, liberty and the pursuit of happiness.
- b. The right of everyone to religious freedom and spiritual practices,
providing that it does not infringe on anyone's right to life, liberty and
their pursuit to happiness.
- c. The right of everyone to choose one's nationality.
- d. The right of everyone to liberty of movement and freedom to choose one's
- e. The right of everyone to be free from discrimination, regardless of
race, creed, color, age, nationality, religion, gender or disability.
- f. The right of everyone to a healthy and sustainable environment.
- g. The right of everyone to a living according to the fruits of their labor.
- h. The right of everyone to work.
- i. The right of everyone to freedom of association.
- j. The right of every citizen to take part in government.
- k. The right of every citizen to vote.
- l. The right of everyone to freedom of speech.
- m. The right of everyone to an education.
- n. The right of everyone to privacy.
- o. The right of everyone to personal property.
- p. The right of everyone to be self-sufficient.
- q. The right to a nuclear free and independent Pacific.
- r. The right of everyone to speak the language of their choice.
The people of the Nation of Hawai'i, hereby establish these enumerated
rights and equal protections before the law, in all civil and criminal
cases, before any court or tribunal heretofore established by this
Constitution, or by law. These rights include, but are not limited to, the
Section 1. In all civil cases.
- a. The right of everyone to the equal protection before the law.
- b. The right of everyone to a speedy and fair trial, before an impartial
jury of one's own peers.
- c. The right of everyone to defend oneself, and of the right of legal
assistance of one's own choosing.
- d. The right of everyone to services of an interpreter.
- e. The right to call, examine and cross-examine witnesses, on one's own behalf.
- f. The right of the accused or the incarcerated to a writ of habeas corpus.
Section 2. In any criminal prosecutions of an accused.
- a. The right of the accused not to be compelled to be a witness against oneself.
- b. The right of the accused or the incarcerated to a writ of habeas corpus.
- c. The right of the accused to a speedy trial, before an impartial jury of
the Island or District, where the crime was committed.
- d. The right of the accused to be duly informed of the nature and cause of
- e. The right of the accused to confront opposing witnesses in a meaningful
- f. The right of the accused to produce by compulsory process witnesses for
- g. The right of the accused to have legal assistance of one's own choice or
to act in propria persona.
- h. The right of the accused to be innocent until proven guilty and to be
convicted by a standard of proof not less than beyond a reasonable doubt.
- i. The right of the accused to be tried by a jury of one's own peers.
- j. No person shall be convicted on the basis of an ex post facto law nor a
bill of attainder.
- k. The right of the accused to be indicted by a grand jury of one's own peers.
Section 3. Ho'oponopono.
All civil and criminal cases will have automatic access to Ho'oponopono
conflict resolution at all times upon consent of all parties.
Section 1. Protection against discrimination.
No law shall be enacted prohibiting or abridging the free exercise of these
fundamental and enumerated rights, nor shall any individual person be
deprived or denied the equal protections of these rights on account of
race, creed, color, age, nationality, religion, gender or disability,
without due process of law.
Section 2. Protection against police powers.
Every individual has the right to be secure in their persons, houses,
papers, effects, and personal property, against unreasonable searches and
seizures. No warrants shall be issued, unless there is probable cause,
good and sufficient reason(s), supported under Oath or affirmation under
the penalties of perjury, and particularly describing that place, and the
persons or things to be searched or seized.
Section 3. Infamous crime.
No individual shall be held to answer for any infamous crime, unless upon
the presentment of indictment by a grand jury.
Section 4. Protection against the imposition of the death penalty.
There shall be no death penalty.
Section 5. Protection against unreasonable punishment.
The purpose for the penal laws shall be for the reformation,
rehabilitation, and future deterrence of those persons convicted of
criminal acts. In no way shall the penal laws of the Nation of Hawai'i be
constructed or applied for the purpose of retribution against a person
convicted of a criminal act. At no time shall a cruel or unreasonable
punishment be applied to a person convicted of a criminal act.
Reserved Rights and Powers
Section 1. Other Rights Retained by the People.
The enumeration in this Constitution of certain rights shall not deny,
deprive, or disparage any other rights retained by the people. Any of the
powers not delegated by this Constitution, respectively are hereby reserved
to the people.
Section 2. National Review of the Nation's Constitution.
People shall retain the right to continuously review this constitution and
have the right to demand nation-wide legislative review within three months
following the directives by consensus of any one Island's legislative body.
Business of the Nation
The Legislative General Assembly of the Nation of Hawai'i
We, the Kanaka Maoli Nationals and Descendants hereby establish this
Constitution, and acknowledge that the business of the nation shall be
authorized in accordance with this Constitution. All government officials
shall comply with this Constitution. All legislative powers shall be
vested in a Legislative General Assembly composed of Na Kupuna Council and
the Citizens' Assembly. All powers and subjects of legislation shall not
be inconsistent with this Constitution.
Legislative Powers and Limitations
The Legislative General Assembly has the power to make all laws necessary
and proper for carrying into execution the business of the Nation, and all
other powers vested in this Constitution.
Section 1. Of Making Laws, Generally.
- a. To lay and collect taxes, duties, tariffs, and excises; to pay the debts
and provide for the common defense and general welfare of the Nation. All
duties and tariffs shall be uniform in nature throughout the Nation.
- b. To borrow money on the equity of the Nation.
- c. To regulate commerce with foreign nations.
- d. To establish a uniform rule of Naturalization and citizenship.
- e. To establish a uniform rule on the subject of bankruptcies.
- f. To coin money, regulate the value thereof, and of foreign money, and to
fix a standard of weights and measures; and to provide for the punishment
of counterfeiting the securities and current coin of the Nation.
- g. To establish post offices and postal services, national and foreign.
- h. To promote the progress of science, technologies, arts and culture, and
- i. To declare martial law in the event of rebellion, and to provide calling
forth the militia to execute the laws to suppress insurrections and to
- j. To raise and support armies and navy for National Peace and Security.
- k. To exercise exclusive legislation, in all cases whatsoever, over the
Nation and possessions over all places purchased by lawful cession by the
Nation of Hawai'i, in foreign soil or territory.
- l. To define and punish piracies and felonies committed on the high seas,
and offenses committed against the law of nations,
- m. To devise and make all laws necessary and proper for the execution of
the powers vested by this constitution.
- n. To protect and defend the patent and copyright laws of the Nation.
Section 2. Limitations.
- a. No member, in the capacity as an elected member in the Citizens'
Assembly, upon their own initiative, may present any measure or bill for
consideration or passage before the assembly.
- b. No member, having been elected an Official shall, during the time for
which he or she is elected, be appointed to any other office, or accept any
emoluments, gifts, trusts, or contributions from any organization, group,
corporation, or person, with the exception of cultural protocol.
- c. All elected and appointed officials who have the authority to issue
funds of the Nation shall be bonded.
- d. No ex post facto law or bill of attainder laws may be passed.
The Citizens' Assembly
The Citizens' Assembly shall consist of Representatives elected by the
qualified voters from the Districts in which the Representatives reside.
Section 1. Composition
The Citizens' Assembly shall be comprised of 112 representatives, 56
Nationals and 56 Citizens. Every Island shall elect their own
representatives to the Citizens' Assembly as follows:
- a. 14 Island of Hawai'i
- b. 14 Island of Maui
- c. 14 Island of Moloka'i
- d. 14 Island of O'ahu
- e. 14 Island of Kaua'i
- f. 14 Island of Lana'i (to be held in trust until there is representation)
- g. 14 Island of Kaho'olawe (to be held in trust until there is representation)
- h. 14 Island of Ni'ihau (to be held in trust until there is representation)
Section 2. Terms of Office.
Each Representative shall serve for a period of 3 years, beginning at the
time of election and ending at the next general election.
Section 3. Qualifications.
Each Representative shall have attained the age of sixteen years, and shall
be of good moral character and standing within the District. Each
representative shall have resided within the community for no less than 4
Section 4. Powers and Duties.
Any Representative of the Assembly shall propose for the passage into law
any Resolution, Bill, or Act only upon the request by any initiative or
proposal from any national, citizen, group, or organization duly
represented in the Representative's District.
Section 5. Upon Vacancy in the Citizens' Assembly.
Any Vacancy preventing any member of the Citizens' Assembly to function in
his or her official capacity resulting in the removal from office shall be
filled by a special election of the candidate within his or her respective
district, or should there be no other candidates the appointment shall be
made by Na Kupuna Council.
Section 6. Publication of Laws.
The Citizens' Assembly shall provide for the publication of all laws.
Section 7. Passage of Laws.
Each Resolution, Bill, or Act shall embrace but one subject, as described
by its Title.
Na Kupuna Council
There shall hereby be established a Na Kupuna Council consisting of Kanaka
Maoli Nationals. Na Kupuna Council shall be elected to sit in Council for a
specified term of office.
Section 1. Composition.
Na Kupuna Council shall be comprised of 56 Members. Every Island shall
elect their own members to Na Kupuna to sit in the Legislative General
Assembly as follows:
- a. 7 from the Island of Hawai'i;
- b. 7 from the Islands of Maui
- c. 7 from the Islands of Moloka'i
- d. 7 from the Island of O'ahu
- e. 7 from the Islands of Kaua'i
- f. 7 from Kaho'olawe (to be held in trust until there is representation)
- g. 7 from Ni'ihau (to be held in trust until there is representation)
- h. 7 from Lana'i (to be held in trust until there is representation)
Section 2. Na Makua and Na 'Opio Council
There shall be a Council of Na Makua and Na 'Opio consisting of Kanaka
Maoli Nationals. Na Makua and Na 'Opio shall be selected to sit in council
with Na Kupuna Council for a 2 year term of office.
Section 3. Term of Office.
Na Kupuna Council shall sit in office for a term of 4 years, beginning at
the time of election and ending at the time of the next general election.
Section 4. Qualifications for Office.
All Kupuna shall be eligible for this office who are acknowledged and
recognized ('ike) by their peers as teachers of the culture, and each
Island shall determine the qualifications of its Kupuna. Kupuna shall be
no less than 45 years of age.
Section 5. Powers, Duties, and Responsibilities of Na Kupuna.
Na Kupuna Council is hereby delegated the following Powers, Duties and
- a. The authority to initiate a Resolution, Bill, or Act whose subject
relates to the preservation of Hawaiian cultural values.
- b Each Kupuna, whenever any Resolution, Bill, or Act for maintaining
cultural values has been duly presented to the Council for enactment into
law, shall have one vote.
- c. Each proposed Resolution, Bill or Act for maintaining cultural values
shall become valid upon the two-thirds majority vote of all the members in
- d. Whenever a Resolution, Bill, or Act for maintaining cultural values,
passed by the Council and enacted into law by the Head of State, conflicts
with a Resolution, Bill, or Act passed by the Legislative General Assembly,
the Council law shall have supremacy.
- e. Na Kupuna Council has concurrent veto power with the Head of State over
legislation passedby the Legislative General Assembly. This Na Kupuna
Council may accept a veto submitted to it by the Head of State by a
two-thirds majority vote of the Council assembled within twenty days of
receipt of the veto.
- f. Na Kupuna Council shall be responsible for the establishment of a
Schedule for voting and apportionment of Districts for all elected
officials of government.
- g. Na Kupuna Council shall have exclusive jurisdiction for impeachment
and/or recall of government officials. Na Kupuna Council shall promulgate
the rules and restrictions for the impeachment process. Notwithstanding
this section, any official who commits a felony or other crime while in
office, upon good and sufficient evidence found, shall be criminally
indicted before a Tribunal having jurisdiction.
- h. Na Kupuna Council shall advise and consent on all appointments made by
the Executive Administration.
- i. At the request of Na Kupuna Council, any official of the government of
the Nation of Hawai'i shall be required to disclose all relevant materials
involving acts committed by that official in an official capacity.
Section 6. Passage of Laws.
Each Resolution, Bill, or Act shall embrace but one subject, as described
by its Title. The enacting clause on each law shall read:
"Be it enacted by Na Kupuna Council of the Nation of Hawai'i."
The Executive Administration
There shall be established an Executive Administration, which shall consist
of the Head of State, a Deputy Head of State, and all Ministries
established for the purposes of executing the laws and the business of the
The Head of State
Section 1. Head of State and Deputy Head of State.
There shall be elected among the qualified voters of the Nation, a Head of
State and a Deputy Head of State, to execute and administer the laws of the
Section 2. Term of Office.
The Head of State and the Deputy shall hold office for the term of 4 years
beginning at the time of election and ending at the next general election.
Section 3. Qualifications.
A person shall only be eligible to the Office of Head of State or Deputy
Head of State who is a Kanaka Maoli National and Descendant, who has
attained the age of 30 years, and has been 10 years a resident within the
archipelago of Hawai'i.
Section 4. Powers, Duties, and Responsibilities.
The Head of State is delegated with the following powers:
- a. The Head of State shall be the Commander-in-Chief of the armed services
when called into the service of the Nation, and shall commission all
officers of the Nation of Hawai'i;
- b. The Head of State shall have discretion to grant reprieves and pardons,
except in cases of impeachment;
- c. The Head of State shall make appointments of Ministers and executive
officers, and shall fill vacancies in the Executive Administration;
- d. The Head of State may require the opinion, in writing, from the
principal heads of these Ministries, upon any subject relative to the
duties of their respective offices;
- e. The Head of State shall address to the Legislative General Assembly
information of the state of the Nation, and recommend for their
consideration measures as the Head of State shall judge expedient and
necessary; and may on extraordinary circumstances convene Na Kupuna Council
or the Citizens' Assembly, or both, for consideration of measures deemed
necessary for the Nation's business;
- f. The Head of State shall conduct the foreign affairs of the Nation;
- g. The Head of State shall be required to faithfully uphold and execute the
laws of the Nation;
- h. The Head of State, or his Deputy by direction of the Head of State, may
petition the Legislative General Assembly for the passage into law any
Resolution, Bill or Act relating to the Executive Administration,
consistent with this Constitution.
Section 5. Powers to execute laws.
The Head of State, upon the receipt of any Resolution Bill, or Act,
lawfully passed by the Citizens' Assembly or Na Kupuna Council, shall
faithfully sign all laws, and forthwith direct and execute said laws for
implementation, excluding those laws over which the Head of State exercises
the power of veto.
Section 6. Power of veto.
The Head of State, upon the receipt of any Resolution Bill or Act deemed
unconstitutional or contrary to the will of the people, shall announce and
in writing petition Na Kupuna Council a message to veto said law within
twenty days; and if any such Resolution, Bill, or Act is not acted upon by
Na Kupuna within the twenty day period, it shall become law.
Section 7. Of Foreign Relations.
- a. The Head of State may appoint Ambassadors and Consuls.
- b. The Head of State, his Ambassadors, Ministers or Consuls shall have
authority to negotiate into Treaties, Conventions, or Agreements with
Section 8. Deputy Head of State.
The Deputy Head of State shall preside over the Legislative General
Assembly. The Deputy shall be responsible to the Executive Administration,
and for advising and informing the Head of State of all necessary
information with regard to the order of business within the Legislative
Section 9. In the absence of the Head of State.
In the event of the absence of the Head of State, the Deputy shall preside
over the affairs of the Nation.
The Executive Ministries
The Citizens' Assembly shall provide by Charter for the creation of any
Ministry for the Nation, as is deemed necessary, essential and proper for
the faithful execution of the business of the Nation.
Section 1. Creation of Ministries.
The Citizens' Assembly shall provide for the creation of Ministries, as the
Nation deems necessary and proper for the public benefit of the people.
Section 2. Charters of the Ministries.
Each Ministry shall have all functions listed in a Charter, and the Charter
shall provide all legal authority and limitations for that Ministry. The
Legislative General Assembly shall have full authority to modify a Charter
at any time.
Section 3. Heads of Ministries, Departments.
All Ministry personnel appointed by the Head of State shall be approved
with the consent of a two-thirds vote of Na Kupuna Council.
The National Tribunals
The National Tribunals are hereby established to exercise solely all
judicial authority and functions as established by this Constitution. The
Judicial Power shall be vested in one Supreme Tribunal, and in such
inferior tribunals as the Legislative General Assembly deems necessary and
proper to establish. The Tribunals shall have original and appellate
jurisdictions, or as the Citizens' Assembly shall provide by law.
Section 1. Supreme Tribunal.
- a. The Supreme Tribunal shall be presided over by the Chief Justice and
four Associate Justices;
- b. The Supreme Tribunal shall exercise original jurisdiction in all cases
affecting Ambassadors and diplomatic representatives;
- c. In all other cases, the Supreme Tribunal shall have appellate
jurisdiction and review, both as to questions of law and fact, as the
Citizens' Assembly shall provide by law.
Section 2. Selection of Judges.
All judges shall be selected by Na Kupuna Council.
Section 3. Promulgation of Rules for the Tribunals.
The Supreme Tribunal shall promulgate rules and regulations in all civil
and criminal cases with regards to procedure and appeals, which shall have
the force and effect of law, with the advice and consent of a two-thirds
vote of Na Kupuna Council
Section 4. Circuit and District Tribunals.
The Circuit and District Tribunals shall have original jurisdiction in all
civil and criminal cases, within the Circuit and District in which they
Section 5. Qualifications of Judges.
Every judge shall be a Kanaka Maoli National, and use common sense to
justify fairness, compassion, firmness and honesty in customary Hawaiian
law and the laws of this Constitution.
Section 6. Independence.
No judge or member of the Tribunals shall exercise any political or
administrative function, or engage in any other occupation of a
Administration of the Nation
There is hereby established a General Elections process.
Section 1. Voting Qualifications.
- a. Every National or Citizen of the Nation of Hawai'i who has attained the
age of 16, has been a resident of the Archipelago of Hawai'i for not less
than 3 years, and is a registered voter as provided by law, shall be
qualified to vote.
- b. No person who is convicted of a felonious crime shall be qualified to
vote, until such time as the person has fully served the sentence imposed
or has been pardoned.
- c. The Citizens' Assembly shall provide by law for the registration of voters.
Section 2. Oath of Office.
All elected, public and civil officials upon entering their duties shall
take the following Oath:
"I [name], do solemnly affirm in the presence of ke Akua, the Nation of
Hawai'i and its people, that I will honor, support and defend the
Constitution and the laws of this Nation, and that I will faithfully
execute and discharge my duties as [office], to the best of my knowledge
and ability, so help me Akua."
Section 1. Compensation.
All elected members of the Legislative General Assembly, the Executive
Administration, and the Tribunals shall receive fair compensation for their
services. The Citizens' Assembly shall provide by law, wages or
compensation for all government employees. All government employees shall
serve in their official capacities based upon these individual contractual
Section 2. Limitations.
No governmental official, during the time for which he or she is elected,
shall be appointed to any other office, or accept any money, emoluments,
gifts, trusts, or contributions from any organization, group, corporation,
person, or otherwise, with the exception of cultural protocol.
Section 3. Supremacy Clause.
The Constitution and all Treaties made under the authority of the Nation
shall be the Supreme Law of the Land. All elected officials, judges and
officers of the Nation are bound by Oath thereby, anything contrary to the
Constitution and the Laws of the Nation notwithstanding.
Section 4. Enforcement.
All citizens have a right to enforce the Constitution, Treaties, and laws
of the Nation in any court or Tribunal having jurisdiction.
Section 5. Immunity.
Any official of the government for the Nation of Hawai'i shall have
sovereign immunity, but only if said official was acting within the proper
scope of his or her authority. No official shall have immunity for
criminal acts committed, whether or not such acts were done within the
scope of the official's authority.
Section 6. Public Access.
All citizens have a right of free access to public documents.
Section 1. Definitions.
- a. Home Rule.
- Home Rule is defined as those powers not specifically of a National
character relating to Island or local government. Home Rule allows each
Island to administer its own affairs without interference from the National
- b. Island Administration.
- Each Island shall create an administration for those affairs which are the
exclusive purview of the Island.
Section 2. Administration.
Domestic responsibilities of each Island are those powers not specifically
reserved to the National government in this Constitution. Each Island
shall be responsible for allocating powers of the Island government.
Section 3. Island Administration.
Each Island shall be responsible for setting up its own administration,
which shall be of the same democratic form as the National government.
Each Island government shall be independent from any other, and no Island
shall be responsible for the actions of another Island.
Section 4. Limitation.
There shall be no laws or regulations inconsistent with this constitution.
Section 1. Amendments, How Instituted.
Any citizen registered to vote may propose an amendment to this
Constitution. An Amendment must be brought forth as a proposition to the
Legislative General Assembly, which must pass the Amendment by a two-thirds
vote. The Amendment shall then be brought before the people of this
Nation by referendum for a two-thirdsvote of the qualified voters. Should
the Amendment be approved, it shall take effect no less than 30 days after
Section 1. Citizenship.
- a. Kanaka Maoli National.
- A Kanaka Maoli is defined as any person who by birth or national origin and
ancestry is a descendant of the original inhabitants who prior to 1778
exercised sovereignty over the Archipelago of Hawai'i.
- b. Citizens, Naturalized.
- The Legislative General Assembly shall provide by law a naturalization
process for all persons who qualify and choose to become citizens of the
Laws Pertaining to Lands and Cultural Preservation
Section 1. National lands of the Kanaka Maoli Nationals.
Prior to 1778, the Kanaka Maoli Nationals lived in a communal land tenure
system, and every National had the right and privilege to receive and
acquire the use of land.
Section 2. Transition to communal land tenure.
Na Kupuna shall provide laws for a transitional system of land use for all
its Nationals and Citizens.
Section 3. Communal land tenure.
No person or group of persons, or entity or groups of entities, may own or
dispose of National land, all National land being held in trust for the
Kanaka Maoli Nationals by this government. A person may apply for the
usage of these lands, consistent with the requirements of law.
Section 4. Claims of the Kanaka Maoli Nationals.
All national lands and resources heretofore lawfully claimed by the Kanaka
Maoli Nationals are held in absolute common undivided interest held in
perpetuity for the Kanaka Maoli Nationals forever.
Section 5. Cultural Preservation.
This Constitution, and all laws enacted hereunder, shall not infringe upon
the right of the Kanaka Maoli Nationals to preserve their traditional
culture. No law shall be enacted towards the destruction of either the
culture or the practice of any Kanaka Maoli in his or her traditional
Section 1. Corporate Entities.
Upon the ratification of this Constitution, any illegal entity, corporate
or otherwise, shall not be immediately dissolved. The Nation of Hawai'i
shall provide sufficient notice to these entities and their responsible
officers, agents, owners, or otherwise. Time shall be granted to allow
these entities to state their claims and desire to function under the
Nation of Hawai'i.
Section 2. Accountability.
All illegal occupying governmental agencies of the State of Hawai'i, the
United States of America, corporate entities, foreign governments and
individuals shall be responsible and accountable for the actions of their
agents and officials in any criminal or civil claims under either this
Constitution or international customary, conventional or criminal law.
Section 3. Requirement for treaty.
Any settlement of claims between the Nation of Hawai'i and the United
States of America can only be resolved by a Treaty which has been accepted
in accordance with this Constitution.
Section 4. No limitations for remedies.
This Constitution, and any laws hereunder enacted, shall not limit the
lawful government hereby constituted from seeking any other remedy provided
Section 5. Governmental transition.
The illegal occupying foreign regime of the State of Hawai'i and the United
States of America may continue to provide services in Hawai'i to such
extent necessary as the government of the Nation of Hawai'i shall deem
proper and expedient for a peaceful transition towards restoration.
Section 6. Repeal of inconsistent legislation.
Upon the ratification of this Constitution, all laws of the State of
Hawai'i and the United States of America inconsistent with this
Constitution are hereby repealed and have no force and effect.
Done in Convention by the Unanimous Consent of na Kanaka Maoli present at
'Iolani Palace, Honolulu, O'ahu o Hawai'i Nei this Sixteenth Day of January
in the Year of Our Lord one thousand nine hundred and ninety five for the
Independence of our Nation in Witness whereof We hereunto place our names,