The Native Hawaiian Convention appeals for your participation. We want to present the best possible choices for Hawaiian self-determination. We explain here the general framework of "self-determination" according to international rules. We also present two conceptual models, one for independence and another for integration, wanting your opinions to guide us in the final proposal(s) to be made to the Hawaiian people.

Your feedback may be given to any delegate of the Native Hawaiian Convention or by mailing directly to H Hawai`i at P.O. Box 37728, Honolulu, HI 96837.

Under international principle of self-determination, Hawai’i has three choices in its relation to the United States, 1-integration, 2-free association, and 3-independence.

There are many factors to consider in determining what would be the best choice for Hawai`i- economics, health promotion, national security, population control, and taxation, foreign relationship, environment policies, native Hawaiian rights, education, land relationship and distribution, government form, territory, and many more.

Under a relationship of integration, as we are today with the United States, Hawai`i would be controlled exclusively by the United States of America in the areas of international diplomatic and trade relations, population control, military use of Hawai`i, war, and control over the production and supply of monies and stamps for correspondence. The U.S. would also maintain a shared control with the State of Hawai`i or some other government internal to the United States in areas of Economic Development, Health, Education, Taxation, Social Welfare, Environment, Banking, Employment, Police powers, Property Confiscation, control over the native Hawaiian people, Communications and many other and ever widening fields.

Under a relationship of free association, the United States of America and Hawai`i would have to negotiate terms of association. There have been experiences in which such terms of association were not "freely" negotiated but become conditions upon which the United States would permit that degree of autonomy known as Free Association. Experience in the Pacific region reflects that the United States have demanded to remain within the territory of the newly freely associated state, maintaining a strong military position, placing their court systems within that state, setting forth the conditions of international relations, and securing other advantages which fit into the USA’s national policy, generally directed and defined by economic and military interests. Little can be said in a free association arrangement between Hawai`i and the United States until negotiations have taken place or there are clear demarcations of the extent of such an association. The Native Hawaiian Convention has not produced a conceptual model for free association be

cause of the wide possibility that could come about in such a relationship.

Under independence, the United States would have no authority over activities occurring in Hawai`i unless said authority is granted by treaty or executive agreement between Hawai`i and the United States. That being the case, Hawai`i would have full authority over all of its activities occurring in Hawai`i, it would be able to extend its territorial claims to the 12 mile seaward limit and an exclusive economic zone in the ocean to 200 miles from its sea shores. Its territories would include the sky above it and the subsurface below its national territories. U.S. citizens residing in Hawai`i would be subject to both Hawai`i and U.S. laws, Hawai`i because of its territorial jurisdiction, and the U.S. because of its personal or citizenship jurisdiction. Hawaiian citizens could be of any ethnic or racial origin.

Please inspect both conceptual models, one for independence, the second for integration, presented within these pages. Examine these choices with the aid of the matrix included here, and share with us your opinion on how we should proceed.

Thank you for taking the time in sharing your response with us.

As we build a nation, we must first be sure that the foundation is sturdy and secure. We must be sure that the values will last over time. Three particular values consistently came forth as essential during our discussions, and we have tried to incorporate them in the conceptual model for independence.

A) Pono

The model of governance in an independent nation must be fashioned upon the principle of Pono. If it is not based upon righteousness, the very foundation of the nation will not be lasting, and the society itself will never be in balance or at peace. Thus, the Hawaiian nation must be built upon a deep culture that reflects that principle of Pono. In this regard, we have considered the issues of Deep Culture as presented in a paper on the subject, and concluded that we must incorporate a deep culture of OLA rather than DIE. We believe that not only is such a policy correct, but also consistent with the practice and values of our ancestors of Hawai`i.

B) Partnership

It is not enough to gain protection for the Native Hawaiian people, apart from the development of the general Hawaiian community. The development of the Hawaiian nation must be one fashioned by a partnership of all Hawai`i’s people who have undergone colonization and are entitled to the liberation encased in world principles of self-determination. Yet, we recognize the special needs of the host people and culture of Hawai`i and the right of the native Hawaiian people to design the political and social framework to meet those needs.

C) Mutual Respect and Cooperation

A house divided can not stand. Only through mutual respect and cooperation, on the part of the general Hawai`i public on one hand, and the native Hawaiian people on the other, will Hawai`i be able to assure its continued existence. A strong and well defined framework which clearly sets forth the place and powers of each part of the Hawaiian nation will aid in the mutual respect and cooperation.

What should we select? Independence, Free Association or Integration?

On a scale of 1 to 10 (1=bad 10=best), how would you rate the factors

within the three choices of self-determination?

(A brief discussion of each factor follows after the matrix.)

(Poka Laenui, Chairperson, International Relations Committee)

i) Economics What are the possible economic activities in which a Hawaiian sovereign nation would engage? How would such activities fare under each one of the possible choices of integration, free association, or independence? Some of the activities mentioned include the printing/minting of money, local and international banking, finance, and stock exchange, tourism, health industry, high technology, agriculture and aquaculture development, space study, geothermal and ocean thermal development, athletics training camps and athletic events, cultural and entertainment centers, prison administration and development of new models for rehabilitation, movie production, scientific research including both ocean and land research, ship registry, repair, porting and navigation training center, military, economic "free zones", water export, manufacturing of specialty food and clothes, international East/West consultancy and conferencing center, and tax safe havens.

ii) Population/Immigration Control What are the possible population and immigration policies we would want to adopt? Should we undertake a policy of encouraging the expansion of the Hawaiian race similar to the encouragements brought about during the Kal kaua reign? What controls would Hawai`i place upon immigration into Hawai`i? Would Hawai`i institute a visa requirement for foreigners traveling to Hawai`i? Upon what countries would that requirement be applied? How would the income from visa proceeds be used - to maintain a customs and immigration office? Would we want to limit our population? Would we want to limit the immigration aspect of population but have no limits to our internal population growth? Under which governmental relationship with the U.S. would we be able to carry out our favored policies?

iii) National Security Program How would we structure such a program? What would be the components to such a program? How would we integrate our economic policies, our international relations policies, our military defense policies, and our trade policies to become part of our national security program? Under which choice will we be safer, better able to design our own program of national security?

iv) Foreign Relations Under each of the possibilities for self-determination, what would be the range and opportunity for international relation? Would we undertake all of the human rights conventions? Would we be able to afford the reporting requirements? Would we undertake the environmental conventions? Can we afford it? How about trade conventions and monetary policies? Would we immediately join international organizations? Which ones? Or would we adopt a Swiss model of non-alignment?

v) Environmental Policies To what extent should such policies interact with economic policies of the Hawaiian nation? To what extent would we integrate Native Hawaiian philosophies and traditional practices in these policies? To what degree would we invade the province of private property to protect the environmental treasures of Hawai`i? Should we join the international community in the protection of the environment and the programs for small island communities?

vi) Native Hawaiian Rights To what extent are the rights derived from American legislation to be carried over to a Hawaiian nation? How are the rights of Native Hawaiians to be inter-related to the human rights and fundamental freedoms of all Hawai`i’s citizens? What rights should be incorporated from the U.N.’s draft Declaration of the Rights of Indigenous Peoples or ILO Convention 169? How will the Ali`i Trusts be maintained in the future? What will become of the Office of Hawaiian Affairs and the Hawaiian Homestead Commission Act? What will come of the Crown and Government lands labeled "ceded lands"? Will rights accorded Native Hawaiians pre Rice v. Cayetano continue in a Hawaiian nation?

vii) Taxation What are the differing treatment of taxes according to the different outcome of self-determination? If an independent nation, how would Hawai`i structure it’s tax system? Would there be a need for such a system or could income for governmental operations be derived in royalties or concessions granted to industries for doing business in Hawai`i? What would be the cost of operating a government? If the U.S. continues to maintain a military presence in Hawai`i, to what extent would Hawai`i collect for the use of Crown and Hawaiian government lands? Would aliens living in Hawai`i be taxed? At what rates? Would the rates be any different from Hawaiian nationals?

viii) Education What would be the model upon which education would be fashioned? What would be the goal of an educational system - to serve as the production line for future laborers to serve an industrial economy, to maintain a quality of life in Hawai`i, to meet an international aspiration of Hawai`i’s role in the international community? Would we internationalize the education system? Or would we be local focused? Would we look for a balance?

ix) Land Relationship and Distribution What will be the principle values reflected in the way we relate to land and water? Will the values be taken from Western tradition and experience resulting in a fee simple ownership, individualized, and exclusive rights concept, or would land relationship be more group, family, society oriented which values the collective interests and rights of many over the land and water resources of Hawai`i? Would there be opportunities for multiple fashions of land relationship? Would foreigners be permitted to own land in Hawai`i if they are not residents of Hawai`i? What about foreigners who are Hawai`i residents?

x) People Defined Who would make up the Hawaiian political body? Will citizenship be limited according to racial ancestry? What would be the requirements for citizenship? Would American citizens be given special privileges of maintaining dual citizenship, both as Hawaiians and as Americans? Would such a policy violate the "most favored nations" doctrine and require that Hawai`i afford all people from such countries with such treaty ties, to be Hawaiian citizens as well? Should we simply not follow the practice of "denizenship?" Should we simply have people make their choices of citizenship?

xi) Governmental Form How would Hawai`i’s government be structured? Would we adopt a legislative/congressional format or a parliamentary one? Some other form? What would be the special place of Native Hawaiians in this governmental form? Would there be a recognition of the special rights of indigenous peoples, including certain prerogatives such as the selection of a monarch for purposes of international and national protocol? Would the Native Hawaiians also

have prerogatives in setting immigration quotas, rules relating to foreign land ownership, use of 20% of the government and crown lands (or all of the crown but none of the government lands)?

xii) Transition As we transition from one to another form of governance, what are the stages, processes, and goals of such transition? What about "pay back" for prior abuse by the U.S. government including use of Hawaiian lands, taxation of Hawaiian citizens, contamination of lands used, imprisonment for status or political offenses (such as trespass upon "government" lands, refusal to file or to pay income taxes, failure to register for the United States military draft system, refusal to serve (or to continue to serve) in the U.S. military, etc.)? To what extent would we look to international bodies to sort through the process of transition?

xiii) Fixed Territory What will make up the territory over which the Hawaiian nation exercises its national jurisdiction? Will it extend to the full limits of the nation before the invasion of 1893? Will it be limited only to the government and crown lands of the Kingdom submitted to the U.S. in the 1898 purported annexation? Would it be limited to the lands set aside as Hawaiian Homestead lands under the U.S. homesteading act of 1920? To what extent would Hawai`i claim the exclusive economic zone under the Law of the Seas Convention?

xiv) Health How will the Hawaiian nation address the health needs of its people? Will it be able to avail itself to all of the modern advances in medicine and medical care? Will it be more capable of incorporating an array of medical practices from a larger part of the world? Will it continue to work under the U.S. Food & Drug controls? Will it have a greater ability to engage in new types of medicine? Will it have greater control over various life activities which impact upon the long term health of the people, including military activities, industrial pollution, ocean protection and maintenance, etc.? Will we have a freer hand in choices of medical practice? Do we need the protection of the U.S. agencies to determine what is and is not appropriate medical or health practices? Will we gain greater access into the international health community such as the World Health Organization?

There is, of course, no right or wrong answer to any of these questions. We invite you to share your ideas on any subject mentioned or on other subjects you may have. It is very important that you contribute your concerns so that we may incorporate them into our work in order to produce the best thought-out framework for governance of our Hawaiian nation. You may mail your comments to the `Aha Hawai`i ` iwi (Native Hawaiian Convention), P.O. Box 37728, Honolulu, HI 96837.

DECLARATION

Hawai`i our special island home is forever healthy, productive and safe for all people who choose to live and take care for our kuleana.

We are guided by the following values:

Olakino Maika`i

`Imi`ike

Lokomaika`i

Na`au Pono

Aloha

We, the people of Hawai`i, acknowledge a present special relationship with the United States of America, as a result of the unlawful overthrow of Queen Lili`uokalani and the subsequent illegal transfer of the Hawaiian Kingdom. We hereby adopt the following Constitution, drafted and ratified by the Hawaiian people.

PREAMBLE

We, the Kanaka Hawai`i Maoli, acknowledge and affirm that we are a distinct and unique people with a historical continuity to the original inhabitants of the Hawaiian Archipelago. From Papa and W kea, with Ke Akua and N Aumakua, we have survived a millennium. Remembering the wisdom of our k puna, who guided their way across countless seas utilizing the brightness of the day and night skies, we populated these lands called Hawai`i. Now, we set forth our right to self-governance, proclaimed in the following articles.

ARTICLE 1: NAME

The name shall be: HAWAI`I

ARTICLE II: FIXED TERRITORY

The fixed territory of the nation shall be the lands previously identified as Crown and government lands, Hawaiian Home Lands, and all other previous native lands (crown, government, kuleana) that have escheated to State or Federal Government.

Any citizen or entity may submit their assets to the state and place themselves under the entity’s jurisdiction.

ARTICLE III: CITIZENSHIP

We affirm that an individual is a Citizen of Hawai`i: if that person is of descendants of n kanaka Hawai`i maoli who inhabited these lands prior to 1778, and who ascribe to our inherent rights by and through the blessings of our people, affirm the establishment of a sovereign nation, and faithfully act and promote our nation in the spirit of God, in the spirit of our ancestral deities, in the spirit of our ancestors, in the spirit of our elders, in the spirit of authority, in the spirit of wisdom, in the spirit of family, in the spirit of Aloha.

Citizens may reside beyond the Hawaiian Archipelago. Citizens may be citizens of other Nations.

ARTICLE IV: RIGHTS

We proclaim that we posses unique traditional and customary rights. These rights, whether practiced or exercised are inherent and insured for the survival of the nation. These rights include but are not limited to: access, gathering, and the use of resources of the land, water, air and ocean. By law, these rights are protected and preserved.

We proclaim to possess indigenous rights: self-determination, self-governance, territorial and cultural*.

The right to vote, own property, personal protection and fair trial, are all inherent and therefore must be insured under the law.

ARTICLE V: GOVERNMENT STRUCTURE

The government shall be based on a republic. This government shall consist of an elected Executive, a Judicial Branch of Justices and Chief Justice, and a Legislative Branch.

Executive:

The government shall be headed by an Executive who shall be elected by all the citizens at a regularly scheduled election. By law, the duties and qualifications shall be determined and documented. The Executive must be a resident of the Hawai`i Archipelago.

Legislative Branch:

The Legislative branch shall be bicameral.

One house (Keme`emoku) will be elected in accordance with an apportionment plan based ont he resident population of the archipelago of Hawai`i.

The other house (Kamanawa) will be elected in accordance to an apportionment plan based on geographic representation (island, moku, district). A representative from Kama` ina Moku will be present in this house. The representative of the Kama` ina Moku will not be a resident of the Hawai`i Archipelago.

Judicial Branch

The Judicial branch shall consist of a Supreme Court headed by a Chief Justice. The Judicial must be a resident of the Hawai`i archipelago.

ARTICLE VI: GOVERNMENT AND RESPONSIBILITY

The government shall have the power to regulate and legislate all activities and properly manager all natural resources of its territory. The government is responsible of its territory. The government is responsible for administering programs relating to the Nation’s social, political and economic well-being. The first priority of the government must be. The government shall ensure its citizens enjoy safety and security.

Education

Education of the citizens is critical. A comprehensive educational plan, beginning at conception and administered as a function of the Executive, shall be provided for all citizens. The plan shall encompass universal knowledge, including but not limited to, all things Hawaiian. Academic subjects, vocational and technological opportunities shall be provided.

Health and Welfare

The health and well-being of the citizens is of the utmost importance. A comprehensive health plan, administered as a function of the Governor’s Cabinet, shall be provided for all citizens. The plan shall incorporate traditional and cultural healing practices with modern medicine.

Natural Resources

The natural resources of Hawai`i are critical to the survival of the Hawaiian people. A comprehensive resource management plan, administered as a function of the Executive, shall be created and maintained for all citizens into perpetuity. Effective management is important to maintain the balance of humanity’s requirement with available resources.

Economic Development

The maintenance, protection and management of our natural resources are important in sustaining a viable economy. An economic development plan must utilize the resource already in place and those to be developed.

ARTICLE VII: BILL OF RIGHTS

Each citizen shall enjoy the right to live in a manner that does not prohibit or restrain, the safety and well-being of all. The ability of each citizen to enjoy this right shall be limited to the laws provided under the Nation.

"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." Declaration on the Granting of Independence to Colonial Countries and Peoples, UN Gen. Assembly Resolution 1514 (XV) of December 14, 1960

"...

Principle VI. A Non-Self-Governing Territory can be said to have reached a full measure of self-government by:

(a) Emergence as a sovereign independent State;

(b) Free association with an independent State; or,

(c) Integration with an independent State.

Principle VIII. Integration with an independent State should be on the basis of complete equality between the peoples of the erstwhile Non-Self-Governing Territory and those of the independent country with which it is integrated. The peoples of both territories should have equal status and rights of citizenship and equal guarantees of fundamental rights and freedoms without any distinction or discrimination; both should have equal rights and opportunities for representation and effective participation at all levels in the executive, legislative and judicial organs of government.

Principle IX. Integration should have come about in the following circumstances:

(a) The integrating territory should have attained an advanced stage of self-government with free political institutions, so that its people would have the capacity to make a responsible choice through informed and democratic processes;

(b) The integration should be the result of the freely expressed wishes of the territory’s peoples acting with full knowledge of the change in their status, their wishes having been expressed through informed and democratic processes, impartially conducted and based on universal adult suffrage. The United Nations could, when it deems it necessary, supervise these processes."

Elected by native Hawaiians throughout Hawaii and the U.S. continent, these delegates have been meeting as often as possible to present to their constituent options of native Hawaiian self-governance. Through their work of over a year, they have studied the various models available from which to recommend a form of governance.

The convention has divided into four subject matter committees, each concentrating on one of the four attributes of a sovereign state in international law, - a defined territory, a functional governmental form, a distinct population, and engagement in international affairs.

After weeks of meetings, strongly argued positions, intense studies, and hearing various voices, both foreign and domestic, on self-governance, the convention delegates on July 29, 2000, selected two conceptual models to place before the people for their advise and recommendations.