Institute for the Advancement of Hawaiian Affairs
86-649 Pu`uhulu Rd.
Wai`anae, HI 96792
Tel: (808)697-3045 Fax: (808)696-5516
January 14, 2001
Hawaii's Decolonization & the U.N. Special Committee of 24
On August 24, 2000, a letter from various Hawaiians was sent to the United Nations on the subject of Decolonization. A copy of that letter follows.
From December 11 - 14, 2000, I had the opportunity, through the invitation of the Office of the High Commissioner on Human Rights, to attend a United Nations Seminar on Indigenous Media in New York City. The visit to the United Nations raised the opportunity for my interviewing several individuals associated with the U.N. on the subject of decolonization.
Among the individuals I spoke with were Ambassador Donigi, Chairperson of the Special Committee of 24, Mr. Sattar, the head of the Secretariat for the committee, and Mr. Miguel Alfonso-Martinez, Chairperson of the Working Group on Indigenous Populations and former member of the committee from Cuba.
Based upon these discussions and my familiarity with the associated issues, I wish to share the following points with you.
First, it should be clear that the committee of 24 does not have the power to re-inscribe Hawai`i on the list of places to be decolonized. That power rests in the General Assembly.
Secondly, there was great interest to Attachment 5. Dialogue: Statehood & Sovereignty, a television program script in which William Quinn, Territorial Governor of Hawai`i at the time of the vote, discloses his reasons for not including the choice of independence on the ballot as part of the Statehood vote of 1959.
Third, as to the suggestion that the special committee of 24 will soon be killed by the General Assembly, there are no such indications of such demise. In fact, the G.A. has recently taken a resolution declaring this decade as one for decolonization. This resolution gives added assurance that the GA intends to continue with the special committee whose primary responsibility is to oversee decolonization.
Fourth, although the special committee can not take up the Hawai`i case formally until given the General Assembly's go-ahead, members of the United Nations can certainly raise the issues in various forums, including the special committee, and their comments and notes of concerns will be noted by members of the international community.
Fifth, do no underestimate the role of regional forums, even those not officially connected to the special committee or to the United Nations. As an example, the positions taken by the Pacific Forum with regards to matters of West Papua, East Timor, New Caledonia, and other places do come to the attention of the committee. The members of such forums are often members of the United Nations. In the case of Papua New Guini, the Chairperson of the special committee comes from that state.
Sixth, it is unlikely that the special committee will respond to an invitation to visit a territory unless that territory is listed. But it does not mean that officials or members of the committee could not be invited in their personal capacities or as representatives of their governments. In practical effect, the special committee of 24 will be impacted by the visit of their members to such territories.
Seventh, there are members of the United Nations who could be persuaded to support the Hawai`i case for independence. But calling upon such members to speak on Hawaii's behalf on the floor of the General Assembly may not be the wisest tactic to undertake at this time. It would be far greater first obtain the support or at least, the non-objection of the United States, to the reopening of the question of decolonization. (See points 8 & 9)
Eighth, the Hawai`i State Legislature has previously taken a strong position on Hawaiian sovereignty, sponsoring a joint resolution calling for inquiry into the future of Hawai`i, both within or without the United States of America, and supporting three separate entities, Sovereignty Advisory Council, Hawaiian Sovereignty Advisory Commission, and the Hawaiian Sovereignty Elections Council. The Democrat and Republican Parties have both included in their party platforms support for Hawaiian sovereignty. A joint resolution emerging from the legislature to the following effect and forwarded to the United Nations could be significant: "in view of new revelations uncovered by the Hawai`i public, that the Statehood vote and the subsequent decision of the United Nations General Assembly based upon that vote were not consistent with standards of international law and did not provide the full opportunities to the peoples of Hawai`i under principles of international law, the Legislature of the State of Hawai`i calls upon the United States government and the United Nations, as parties to the Charter of the United Nations, to review the actions taken in 1959 and consider the implications for the continuing right of self-determination of the people of Hawai`i."
Ninth, members of the Hawai`i delegation to Congress have expressed strong support for the concept of human rights and self-determination around the world and for Hawaiian sovereignty here at home. They are not unaware of the call for self-determination from an international law perspective, although they have not been willing to call for such an approach in legislation so far submitted by them. On the other hand, their success in the passage of the confession and apology of 1993 was an eye opener. In view of the change in U.S. position regarding Puerto Rico over the last two decades, and the recent decision by Clinton to form the commission on Puerto Rico, and to state that "Puerto Rico's status has not been determined" in view of the 1952 vote, there is greater hope for Hawaii's case. We should begin work on the Hawai`i delegation for legislation to call upon the United Nations special committee of 24 for assistance from a third party, impartial, international perspective on the rights of the people of Hawai`i to self-determination. Passage by the State legislature of a joint resolution in this regard would be of immense aid in convincing the Congressional delegation on this point.
Tenth, we in Hawai`i must continue to dialogue with the hope of educating, critically analyzing, and reaching agreement on the direction of Hawaii's future course. Irrespective of the various tactics taken to bring about Hawaii's eventual independence, unless the people themselves support independence, all efforts will be for naught.
(I do not attribute my conclusions or any specific statement to any of the individuals with whom I spoke. My meetings with them included their personal views as well as their official positions and it would be unprofessional to cite one for the other.)
Aloha a hui hou.
Poka Laenui
Campaign for Self-Determination - Hawai`i
86-649 Pu`uhulu Rd.
Wai`anae, Hawai`i 96792
August 24, 2000
The Special Committee On The Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples
United Nations Building, New York, New York
Re: Application for Re-inscription of Hawai`i among the list of places subject to decolonization and for technical assistance
Dear Chairperson & members of the committee:
We wish to present to you the situation in Hawai`i and in the United States of America which constitutes an on-going violation to that special trust obligation of the United States as the administering authority over the territory of Hawai`i pursuant to Article 73 of the U.N. Charter with respect to non-self governing territories, General Assembly Resolution 66 identifying Hawai`i specifically as a non-self governing territory entitled to self-governance and identifying the United States of America as the administering authority obligated to execute the requirements of that Article 73, and the reaffirmation of the right to self-determination found in United Nations G.A. Resolutions 1514, 1541 and 2625.
In presenting this information, we wish to call to your attention the Address to the joint Houses of the United States Congress by United States President Grover Cleveland on the 18th day of December, 1893, the Joint Resolution of Apology adopted by the United States Congress and signed by U.S. President William Clinton on the 23rd day of November 1993, the conditions under which the U.S. Congressional act of Statehood took place resulting in the misinformation forwarded to the U.N. General Assembly, and of the autochthonous process of self-determination which formalized itself in 1993 through native participation of the Hawaiian Sovereignty Advisory Council, the Hawaiian Sovereignty Elections Commission, H Hawai`i, and the current operation of the `Aha Hawai`i `oiwi, (the Native Hawaiian Convention). All of these referenced events are documented and attached to this communique for your perusal.
We are fully cognizant of U.N. General Assembly Resolution 1469 of 1959 which resulted in the removal of Hawai`i from the list of places for which reports were to be submitted pursuant to Article 73 of the charter. When the General Assembly considered said resolution, it was not fully and accurately informed of the situation in Hawai`i and therefore, the decision of the assembly was misguided and in contradiction to the principles of self-determination encompassed within the Charter of the United Nations. The historical and analytical explanation of events which led to this misinformation transmitted to the General Assembly is elaborated in the accompanying memorandum and documents supporting this request for aid in the application of the principles of self-determination.
The autochthonous process of self-determination which became formalized in 1993 is a start of the process which had never occurred from 1946 to 1959, the years between the specific identification of Hawai`i as a non-self governing territory and the submission to the General Assembly to delete Hawai`i from the list of places for decolonization. The `Aha Hawai`i `Oiwi delegates have been elected by the indigenous people of Hawai`i from throughout these islands, from the continental United States of America and from around the world. They have been in the process of meeting over the past year and have decided to present to the people for continued consultation, two conceptual models of relationship with the United States of America, one for independence from and the other for integration into the United States of America.
This process of self-determination has now been interrupted through the recent action of the United States Congress in considering the adoption of a bill (SB 2899) calling for the recognition of the Native Hawaiian people as Native Americans within the United States of America, thus entrenching the indigenous peoples in an integration relationship with the administering authority, the United States of America. The Congress, in a well financed, highly publicized campaign, has subverted the self-determination process from taking place. This current action by the United States of America is incongruent with its special trust --the obligation undertaken through its adoption of the Charter of the United Nations and actually constitutes an interference with the exercise of self-governance as contemplated and elaborated upon both in the U.N. Charter as well as those subsequent resolutions, declarations, findings and reports of the United Nations and its specialized bodies, defining the rights of people in situations such as Hawai`i who are non-self governing and the administering authorities such as the United States of America.
In conclusion, we humbly request the United Nations take the strongest measure possible within the framework of international law and the maintenance of international peace and security and the continuing development of friendly relations and co-operation between nations and peoples of the world,
a) to re-inscribe Hawai`i upon the list of territories subject to decolonization,
b) to assist the United States in fulfilling its sacred trust, the obligation to assist the people under colonization in Hawai`i to exercise their full rights of self-determination, respecting and supporting the current Native Hawaiian Convention process,
c) and call upon the Congress of the United States to cease any further action to integrate the native Hawaiian people into the United States of America, or to diminish any of the statutory rights or benefits currently accorded the native Hawaiian people, which may be viewed as a punitive action for the current process of self-determination, or for a choice which may be made in that process which may not be in line with the special interest of the United States of America.
We request the United Nations provide the United States of America and the `Aha Hawai`i ` iwi appropriate support to carry forth the sacred trust obligations and the self-determining rights of both parties by:
a) The assignment of a special task force to assist in the carrying forth of the obligation of decolonization in Hawai`i;
b) Assistance in the training and support in providing education to the people of Hawai`i as to their rights to self-determination;
c) Assisting in the effort to see that all necessary resources are provided in the process of self-determination; and,
d) Monitoring to assure that the right to self-determination is properly carried forth in Hawai`i.
Aloha,
Poka Laenui, Delegate from Lualualei, `Aha Hawai`i ` iwi (AHO),
Glenn O`pu`uonalani Oamilda, Delegate from `Ewa, AHO
James Kala`au`alaokuakini Woolsey, Delegate from Ko`olauloa, AHO
Dante Carpenter, Delegate from West Honolulu, AHO
Hoaliku Drake, Delegate from Wai`anae, AHO
Keli`i Ching, Delegate from `Ewa, AHO
Tony Lenchanko, Delegate from Lualualei, AHO
Carl `Imiola Young, Planter, Ma`ili, Hawai`i
Sylvia Ewalani Krewson-Reck, Kako`o, International Relations Committee, AHO
C. Puanani Burgess, Community Organizer, Wai`anae, Hawai`i
Lori Waikulono Ching, Accountant, `Ewa, Hawai`i
Documents accompanying the letter to the Special Committee on The Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples
1: Historical and Analytical Framework of the Hawai`i Case for Self-Determination, P k Laenui (Hayden F. Burgess), September 9, 2000, 20 pp.
2: "Special Messages," by the President of the United States, Grover Cleveland, December 18, 1893 to the Joint Houses of the United States Congress, from A Compilation of the Messages and Papers of the Presidents 1789-1907 by James D. Richardson, Volume IX, Bureau of National Literature and Art, 1908, p. 460-72.
3: Memorial: To the President, the Congress and the People of the United States of America, statement adopted by the mass meeting of Hawaiian citizens at Palace Square, Honolulu, Hawai`i on October 8, 1897 opposing the annexation of Hawai`i by the United States of America, forwarded by U.S. Minister H.M. Sewall to Sec. of State John Sherman, 2 pp.
4: "The Admission Act: An Act to provide for the Admission of the State of Hawai`i into the Union," March 18, 1959, P.L. 86-3, 73 Stat 4, 11 pp.
5: Dialogue: Statehood & Sovereignty, transcript of television program,
"Dialogue," Aug. 16, 1996, with William F. Quinn, Former Governor of the
Territory of Hawai`i at the time the Statehood Plebiscite was put to the people of
Hawai`i, along with William S. Richardson, Former Chief Justice of the Supreme Court,
State of Hawai`i, Mahealani Kamau`u, Exec. Director, Native Hawaiian Legal Corporation, P
k Laenui, Director, Institute for the Advancement of Hawaiian Affairs, and Dan Boylan,
moderator, 22 pp.
6: Final Report, report of the Hawaiian Sovereignty Advisory Council to the Legislature of the State of Hawai`i, February 18, 1994, 66 pp (not including appendices).
7: Final Report, report of the Hawaiian Sovereignty Elections Commission to the Legislature of the State of Hawai`i, December 1996, 64 pp (not including addenda).
8: A Consultation with the People: Self-Determination, the choice is ours..., booklet of the International Relations Committee, `Aha Hawai`i ` iwi (Native Hawaiian Convention), used for consultation with the native Hawaiian people on the matter of self-determination, September 2000, 18 pp.
9: Public Law 103-150, 107 Stat. 1510, S.J. Res. 19, Nov. 23, 1993, Joint Resolution To acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of Hawai`i, and to offer an apology to Native Hawaiians on behalf of the United States for the overthrow of the Kingdom of Hawai`i.
**** Continuation sheets for signatures are available by contacting Poka Laenui ****