History of Hawaii|
Date: Mon, 18 Aug 1997 10:05:56 -1000 (HST)
From: Hawaii Nation Info <firstname.lastname@example.org>
Subject: Is Hawaii a Really State of the Union?
August 18 is commemorated as "Admissions Day" in Hawaii, but...
Is Hawaii a Really State of the Union?
18 August 1997
The following information provides an historical perspective on how Hawaii
came to be integrated into the United States as a state of the Union, and
the fact that this status is not and has never been legally valid.
Obviously America claims that Hawaii is part of their country, and most
people, in Hawaii, on the 'mainland' and around the world, have tended to
accept that as so.
The common understanding is that in 1959, a plebiscite was held in which
the people of Hawaii voted to become a state of the Union, and on August
18, 1959, Hawaii was admitted to the Union.
What led up to this event?
In 1945, at the end of World War II, the United Nations was established.
In the Charter of the UN, a special provision was made for certain areas of
land, including Hawaii, which was placed under
CHAPTER XI, DECLARATION
REGARDING NON-SELF-GOVERNING TERRITORIES
Article 73 http://hawaii-nation.org/art73.html
"Members of the United Nations which have or assume responsibilities for
the administration of territories whose peoples have not yet attained a
full measure of self-government recognize the principle that the interests
of the inhabitants of these territories are paramount, and accept as a
sacred trust the obligation to promote to the utmost, within the system of
international peace and security established by the present Charter, the
well-being of the inhabitants of these territories, and, to this end:
a. to ensure, with due respect for the culture of the peoples concerned,
their political, economic, social, and educational advancement, their just
treatment, and their protection against abuses;
b. to develop self-government, to take due account of the political
aspirations of the peoples, and to assist them in the progressive
development of their free political institutions, according to the
particular circumstances of each territory and its peoples and their
varying stages of advancement;
c. to further international peace and security;
[d. - concerns "constructive measures of development," research,
e. to transmit regularly to the Secretary-General, for informational
purposes, subject to such limitation as security and constitutional
considerations may require, statistical and other information of a
technical nature relating to economic, social, and educational conditions
in the territories for which they are respectively responsible other than
those territories to which Chapters XII and XIII apply."
So Hawaii, under Article 73, was a part of the UN system, and was placed
under the administering authority of the United States, which, to
reiterate, agreed to "develop self-government, to take due account of the
political aspirations of the peoples, and to assist them in the progressive
development of their free political institutions..." with "due respect for
the cultures of the peoples concerned..."
Did the United States fulfill this "sacred trust obligation"?
Under Section (e) of this article, the United States was responsible to
transmit information to the UN regarding Hawaii and the provisions of
Transmission A/2135, from the US to the UN in 1952, states that:
At one point, a former territorial senator, Alice Kamokila Campbell, filed
suit to halt the spending of public funds to "propogandize and subsidize"
the Hawaii statehood campaign. She said, as quoted in a Honolulu
Advertiser article, "the illegal expenditures are to the detriment of
citizens and taxpayers opposed to statehood ... Moneys are now being
expended for liquor, luaus, dinners, entertainment and other purposes and
objectives contrary to law ... the acts and conduct are of a purely
"Throughout the school system, the social studies programme aims at
creating an understanding of American ideals and purposes, knowledge of
American history and government, practice and principles of citizenship...."
Self-government? Due account of the political aspirations of the people?
Self-government? Progressive development of free political institutions?
Then, in 1959, the "plebiscite" was held.
It is important to consider two central questions:
1) What was voted on?
The question on the ballot was:
2) Who voted?
1) What was voted on?
"Shall Hawaii immediately be admitted into the Union as a state?"
Yes or No? Become a state, or remain a territory?
Why was the option of independence not on the ballot? Did Hawaii not have
the option to become an independent country in 1959? In fact it did.
The document guiding the process for removal of territories from the List
of Non-Self-Governing Territories was UN Resolution 742 (VIII). "Factors
which should be taken into account in deciding whether a Territory is or is
not a Territory whose people have not yet attained a full measure of
This resolution stated: "...the manner in which Territories... can become
fully self-governing is primarily through the attainment of independence..."
One year after Hawaii's "plebiscite" vote, on 14 December 1960, the UN
General Assembly passed Resolution 1514, Declaration on the Granting of
Independence to Colonial Countries and Peoples.
This resolution includes the
All peoples have the right to self-determination; by
virtue of that right they freely determine their political status
and freely pursue their economic, social and cultural development.
Inadequacy of political, economic, social or educational
preparedness should never serve as a pretext for delaying
Immediate steps shall be taken, in trust and non-self-
governing territories or all other territories which have not yet
attained independence, to transfer all powers to the peoples of
those territories, without any conditions or reservations, in
accordance with their freely expressed will and desire...
These UN resolutions clearly indicate that independence was not only an
option at the time, it was the primary option under international
principles and the fundamental inalienable right to self-determination, and
specifically with regard to non-self-governing territories under article 73
of the UN Charter.
Not only was the option of independence not on the ballot, it was not even
discussed, while statehood was actively propogandized with public funds,
and American political ideals were indoctrinated through the schools.
In truth it was the United States' obligation to fully inform the Hawaiian
people and assist in the attainment of the goal of independence, not to
extend their manifest destiny thousands miles across international waters.
Violating the obligations under the UN Charter, a treaty agreement and
"supreme law of the land" under Article VI Section 2 of the US
Constitution, is also a violation of the US Constitution itself.
The United States government did not uphold their "sacred trust obligation."
The vote for statehood was not a valid exercise of self-determination and
decolonization and has no validity in international law.
2) Who voted?
Anyone who had resided in the islands for a year was allowed to vote, which
included large numbers of American military servicemen and their families,
who were essentially the occupation force that had illegally held Hawaii
since the admittedly illegal annexation in 1898.
Native Hawaiians who refused to become American citizens were not allowed
The island of Ni'ihau, which was almost totally Native Hawaiian, and was
relatively free from the propoganda of statehood, voted overwhelmingly
against statehood, as did the island of Lana'i.
In 1993 Congress and the President decided they had something to apologize
for. Most of Public Law 103-150 deals with the events of the 1893
overthrow and the 1898 annexation. But one important clause relates
directly to 1959 and the present:
"the indigenous Hawaiian people NEVER directly RELINQUISHED their claims to
their INHERENT SOVEREIGNTY as a people or over their NATIONAL LANDS to the
United States, either through their monarchy or through a PLEBISCITE or
REFERENDUM." (emphasis added) <http://hawaii-nation.org/publawall.html>
"National lands" means the entire archipelago of Hawaii.
"Inherent" means a birthright, given by Akua, that no one can take away.
"Sovereignty" means total control over land and natural resources, and is
virtually synonymous with independence under international law.
Sovereignty (partial definition):
"The supreme, absolute, and uncontrollable power by which any
state is governed; supreme political authority; the supreme will; paramount
control of the constitution and frame of government and its administration;
the self-sufficient source of political power, from which all specific
political powers are derived; the international independence of a state,
combined with the right and power of regulating its internal affairs
without foreign dictation; also a political society, or state, which is
sovereign and independent."
- Black's Law Dictionary (Sixth Edition)
Interpreting the above-quoted clause of the Apology Resolution,
international law Prof. Francis A. Boyle (Univ. of Illinois College of Law)
stated on Dec. 28, 1993, before the state's Hawaiian Sovereignty Advisory
"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."
America gained possession of Hawaii through a succession of illegal acts,
in 1893, 1898, and 1959, and has confessed to these crimes. The inherent
sovereignty of the Native Hawaiian people, according to the US, has never
been relinquished. Essentially, the country of Hawaii is currently
illegally occupied by a foreign military colonial power.
The statehood vote, both in terms of the question asked and the people who
were allowed to vote, was in no way a valid act of self-determination, and
Hawaii has never legally been a state of the United States.
The option of independence for Hawaii exists to this day, and the voices
supporting this option are growing steadily.
Please consider these facts carefully this "Admissions Day" and share them
with all who may be interested, including your local and national media and
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