INSTITUTE FOR THE ADVANCEMENT OF HAWAIIAN AFFAIRS 86-649 Puuhulu Road Wai`anae, Hawai`i 96792-2723 Tel: 808 696-5157 Fax: 808 696-7774 16 December 1993 THE INDEPENDENCE MODEL OF HAWAIIAN SOVEREIGNTY by PoKa LAENUI With agreement and apology to those who understand the redundancy in the title of the paper, I shall proceed to sketch some elements of Hawaiian sovereignty which will become a reality in the near future. Imagine the year just a few years from now, after independence. You come across a guide to nations of the world. Look under the name Hawaiŝi. Here, or something close to this is what you will find: HAWAIŝI Status: Independent, recently decolonized, previously under the administration of the United States of America Territory: Those islands which form the Hawaiian archipelago stretching from Kure atoll in the North to Hawaiŝi in the South, as well as the island of Kalama (Johnston) including the two hundred mile exclusive economic zone as defined by the 1982 Convention on the Law of the Sea Population: Between 800,000 to 1,000,000, the exact amount still unsettled due to the increasing return of many indigenous residents who left Hawaiŝi during the period of colonization; The foreign population vary between 15% to 25%, based on the tourist, student, and international business conference trends. Hawaiŝi law prohibits a foreign population of greater than 33% of the total citizen population at any one time. Ethnic character of Population: Hawaiŝi's citizens are perhaps the most racially diverse in the world, an anomaly for a place the most isolated from any major land-mass. It's composition include the indigenous people (most of whom are products of parents of multiple racial extractions) who number approximately 300,000. There is also a high preponderance of Filipinos, Caucasians, Japanese, Chinese, Pacific Islanders, Africans, and other Asians. Cultural character: The native Hawaiian culture forms the cultural base of the society. However, that cultural base supports the expression of a diversity of cultures, reflecting the diversity of the ethnicity of the people. Religious character: The diversity of ethnicity and culture is also found in its religious practices. Like the constant intermixture of ethnicity and culture, there is a great tolerance and intermixing of religious practices, customs and traditions in Hawaii. Economic: The Hawaiian society has shifted from an econometric to a human development measure of their economic well-being resulting in a shift in focus from the measure of the Hawaiian economy of the monetary flow to one of incorporating monetary and human development factors in the measure of the wealth of the society. As a result of this shift, much of the economic activities which were prominent during the period of colonization has undergone structural as well as philosophic changes. Tourism, for example, while still a major factor of the Hawaiian economy, has become much more highly integrated at all levels of the trade from executive to housekeeping activities. Since independence, the Hawaiian nation has been able to exercise control over the numbers, quality, and timing of tourist entering Hawaiŝi, which control has brought in additional funds in visa and airport usage income, lowered the overall numbers of tourists, and allowed a better control over the flow of tourist over the full year. Independence has also brought about greater ability of the Hawaiian nation to control its trade relationship with other nations. Previously, the United States dictated all trade policies with Hawaiŝi, oftentimes permitting unlimited influx of produce and goods into Hawaiŝi so that the local economy could not survive a self-sufficient system. The driving economic philosophy in Hawaiŝi is one of self-sufficiency to the point of meeting the basic needs of the society such as food, clothing, shelter, education and health-care for all within a pristine environment, and permitting international trade and other financial activities to accommodate the the desires and wants above basic needs. This balance has been achieved by maintaining a "green" philosophy at the community levels, yet attracting a very highly sophisticated technological/commerce community of bankers and traders. Political Arrangement: The political system in Hawaiŝi at the national level is essentially two tier. In the first tier, there is strongly defined protection of the indigenous culture of Hawaiŝi and specific prerogatives of the indigenous peoples. In the second tier, the general incorporation of all citizens of Hawaiŝi into the political life of the society is guaranteed. While this ideais not unique to Hawaiŝi, (for example, refer to the ILO Convention 169, the United Nations Declaration on the Rights of Indigenous Peoples, as well as the experiences in Saami land cutting across the Scandinavian countries, the Kuna of Panama, and the Maori of Aotearoa), it seems to be the most clearly defined society which has balanced the rights and protection of indigenous peoples and the general regard for the overall social development of the Hawaiian society. Under this double tier configuration, the indigenous language is the national language along with English and can be used in all legal transactions. The national constitution requires the Education department to incorporate the teaching of the Hawaiian language co-extensive with the teaching of the English language. There is now a serious program of training every public employee to become sufficiently fluent in the native language as a working language. All new hires are required to have a working knowledge of the language. Specific rights of the indigenous peoples are protected, including the right to gather traditional items for cultural, spiritual or sustenance purposes. Areas of lands have been demarcated specifically for those indigenous peoples who have chosen to return to a more communal life style in which individual and property rights have been sublimated to the collective good of the community. In the wider society, the native Hawaiians have exclusive voice over issues of immigration, foreign ownership or temporary possession of real property, and all laws which are considered to impact upon the native customs and traditions. All Hawaiian citizens are permitted the privilege of voting without regards to property, formal education or their civil status. The age of voting is 16. International Stature: Hawaiŝi is a member of the United Nations and has joined numerous specialized agencies of that body. It is a member of several regional organizations in the Pacific, including the Pacific Forum. It is the headquarters of the East-West Center, the International Peace Institute, the International School of Oceanography, as well as the Center for Cultural Diversity. These institutions have produced a widespread alumni throughout the Pacific, Asia and the world. These institutions are seen as one of the principle reasons for the successful trade and political relationship this nation has had with other nations. Defence: Since independence, the military forces in Hawaiŝi have become generally dispersed. Previously, among the most fortified land mass in the world, Hawaiŝi has internalized its defence capability, requiring all citizens to participate in one or another area of self-defence. Children are trained in physical culture from a very early age. This training has proven to be effective not only for hand to hand combat, for improving concentration and skill in martial contests, but have also been credited with improving the overall health of the trainees, adding to their contribution to the overall health of the society. The sophistication with modern technology for international business purposes have also assisted in adapting to the most sophisticated methods of detecting unfriendly intrusions into Hawaiŝi's space. Through early detection and a limited core of military personnel for immediate response, the Hawaiian society feels secure in being able to provide an adequate defense against aggression. This Hawaiian system has been regarded as clearly the most defensive and least offensive military system in the world. The fact that it is a self-sufficient society to meet its basic needs takes away any excuse for aggression beyond its territory under the guise of protecting the "national interest." It's network of international alliances, especially with the strong ties the alumni from Hawaiŝi's international educational institutions have with the local population gives further guarantee to the security of this nation. Outstanding Claims Post Colonization: The claims of the Hawaiian government and Hawaiian citizens against the United States remain unresolved. The claims can be divided into three categories: 1) Hawaiian government claim for damage over a period of one hundred years of occupation of Hawaiŝi resulting in casualties upon the indigenous language, culture, tradition, destruction of certain aspects of the environment including the radioactive and chemical waste left in Hawaiŝi upon decolonization; 2) Hawaiian government claim against the U.S. social security, veterans benefits, and all other benefit programs contributed into by Hawaiian citizens who have not yet collected upon said benefits to its full extent up to the time of decolonization; 3) Individual claims against the U.S. government for forced military services and for individual deprival of property rights. These individual claims are asserted only on behalf of those who have specifically filed against the U.S. government, many Hawaiian citizens choosing instead to make no such claim. The Hawaiian government is pursuing these claims via negotiations with the U.S. President as well as with the U.S. Congress. It is also pursuing this claim within the international legal system.