Table Of Contents I. Endorsement of Fundamental Principles A. Commitment to Peace, Disarmament, and Non-Violence B. Recognition of the Inherent Dignity and of the Equal and Inalienable Rights of Native Hawaiians and their Descendants Under International Legal Standards C. The Right of Self-Determination D. The Right to Self-Development E. Termination of Wardship F. Establishment, Jurisdiction, and Recognition of Ka Lahui Hawai'i II. Consensus Building A. Building Upon What We Have Established B. Accepting the Challenge of Change III. Dealing with the United States A. The Evolution of United States Policy Relating to Hawai'i and its Indigenous Peoples B. The Current Policy of the United States Towards Hawaiians: the Policy of Non-Recognition, Denial, and State Wardship C. Ka Lahui Hawai'i's Position Regarding United States Policy D. The Ka Lahui Hawaiti Initiative for "Reconciliation" with the United States Pursua to U.S. Public Law 103-160 (The Apology Bill) IV. Terminating Wardship Under the State A. Ka Lahui Hawai'i's Position on State Issues (Generally) V. Establishment of a Nation Land Trust A. The Need B. The Entitlement C. The Commitment D. The Establishment of a National Land Trust VI. The Private Land Trusts A. Ka Lahui Hawai'i's Position Regarding the Private Trusts B. Ka Lahui Hawai'i, as the Native Hawaiian Nation, acknowledges its responsibility and obligation to provide for the health, education, and welfare of its peoples. C. The Private Trusts shall work cooperatively with Ka Lahui in the following areas. VII. Economic Development A. Taxation and Regulations B. The Right to Self-Development and Technology VIII. International Issues A. Reinscription B. International Treaties C. International Instruments Conclusion ------------------------------------------------ I. Endorsement of Fundamental Principles The Ka Lahui Hawai'i Master Plan for Hawaiian & Self-Government is founded upon a firm belief in and commitment to certain fundamental principles which set international standards for the protection of individual human rights and civil liberties, for maintaining the well-being and peaceful coexistence of our nation with other sovereigns, and for the protection and recognition of collective rights of our citizenry. These Fundamental Priociples include the following: A. Commitment to Peace, Disarmament, and Non-Violence The practice of peace requires that we resolve conflict in a non-violent manner. This commitment to non-violence relates not only to our undertakings in the political arena, but involves the seeking of non-violent solutions to family, personal, and community problems. Violence in all forms including spouse and child abuse, elderly abuse and neglect is rejected. Disarmament means that the Hawaiian Nation shall not engage in acts of militarism, nor shall it endorse military undertakings on its land or territories. Civil disobedience is the use of non-violent means to oppose injustice, to stop violations of human rights, and to stop the degradation of our trust assets. Civil disobedience should be utilized only after good faith efforts to resolve conflict have failed. Where civil disobedience is contemplated, the community impacted should be supportive of the event and fully informed of the reasons for the event. B. Recognition of the Inherent Dignity and of the Equal and Inalienable Rights of Native Hawaiians and their Descendants Under International Legal Standards Considering the obligation of States, including the United States, under the Charter of the United Nations to promote universal respect for and observance of human rights and freedoms of all peoples, Native Hawaiians and their descendants endorse and assert the rights and principles contained in the following international covenants, declarations, and agreements: 1. The Charter of the United Nations (done at San Francisco, June 26,1945. [entered into force for the United States, October 24,1945. 59 Stat. 1031, T.S. No. 993]); 2. The Draft Declaration for the Rights of Indigenous Peoples (E/CN.4Sub.2/1993/29); 3. The International Covenant on Civil and Political Rights (999 UN Treaty Series171); 4. The International Covenant on Social, Economic and Cultural Rights (999 UN Treaty Series 3). C. The Right to Self-Determination Native Hawaiians and our descendants have the right of self-determination. By virtue of that right, we are entitled to freely determine our political status and freely pursue our economic, social and cultural development (Internationl Covenant on Civil and Political Rights, Section 1.1, 999 UN Treaty Series 171). D. The Right to Self-Development Native Hawaiians and our descendants have the right to determine and set priorities and choose strategies for development. This right includes the development of and administration of programs relating to land, housing, economic and social needs. Native Hawaiians and our descendants have the right to maintain and develop our own political, economic, and social systems; to be secure in the enjoyment of our own means of subsistence and development; and to engage freely in all traditional and other economic activities (UN Draft Declaration of the Rights of Indigenous Peoples, Articles 21 and 23, E/CN.4Sub.2/1993/29). E. Termination of Wardship The imposition of the Western Doctrine of Manifest Destiny and the Tyler Doctrine in the Pacific Region resulted in the colonization of the Hawaiian Archipelago. The consequences of Hawai'i's unique legal and historical experience are: 1. The current political status of Native Hawaiians and their descendants as wards of the State of Hawai'i; and 2. The usurpation of our peoples collective rights to land and to political and social power by state agencies and instrumentalities; and 3. The violation of the human and civil rights of Native Hawaiians and their descendants by the United States of America and its agent, the State of Hawai'i. The policy of wardship imposed by the United States and State of Hawai'i is explicitly rejected as a fundamental violation of Native Hawaiians' right to self-determination. Ka Lahui Hawai'i Master Plan seeks to establish a new relationship between the Hawaiian peoples and other sovereigns, including the United States of America and its agent, the State of Hawai'i. F. Establishment, Jurisdiction, and Recognition of Ka Lahui Hawai'i The inherent right of self-determination provides for the establishment of an indigenous sovereign nation by processes determined and created by Native Hawaiians and their descendants without interference from other sovereigns. The Nation, as the collective representative of Native Hawaiians and their descendants, shall have jurisdiction over its lands, territories, internal and external relationships, including, but not limited to the following powers: 1. The power to determine its membership 2. Police powers; 3. The power to administer justice; 4. The power to exclude persons from National Territory; 5. The power to charter business organizations; 6. Sovereign immunity; 7. The power to regulate trade and enter into trade agreements; 8. The power to tax; 9. The power to legislate and regulate all activities on its land base, including natural resources and water management, activities and economic enterprises. ------------------------------------------------ II. Consensus Building Ho'okupu a Ka Lahui Hawai'i - the Hawaiian Initiative for Self-Government The legislature of Ka Lahui Hawai'i has fashioned our Nation as a ho'okupu (offering) to future generations and to the 'Aumakua. We believe that we have provided a strong vehicle for the indigenous peoples of Hawai'i - to express self-determination. We offer our Ho'okupu to all of the peoples of Hawai'i, indigenous and non-indigenous. Consensus can be achieved by building upon what has been established and agreeing to abide by and support determinations endorsed by the collective whole. A. Building Upon What We Have Established Ka Lahui Hawai'i is a political expression of self-determination. Ka Lahui Hawai'i was created by Native Hawaiians and their descendants. Our Constitution is a reflection of what we believe about ourselves, our culture, traditions and political rights, and other inalienable human rights. Ka Lahui Hawai'i was created without interference or financial support from the United States of America or its agent, the State of Hawai'i. Ka Lahui Hawai'i is the evolutionary product of several generations of Hawaiians who sought to address past and present injustices arising from the subversion of our indigenous culture and political system and the overthrow and annexation of our territories by the United States of America. Ka Lahui Hawai'i has been endorsed by thousands of Native Hawaiians and their descendants. Our accomplishments include: 1. The formation of a strong, democratic, and elective nation whose indigenous citizens, by virtue of their individual vote (regardless of wealth, genealogy or sex) exercise self-determination. 2. The drafting of a constitution which incorporates traditional, cultural and spiritual values and practices with current processes and which can be altered to accommodate the need of the indigenous peoples to change; 3. Establishing a respected international reputation including membership in U.N.P.O. (Unrepresented Nations and Peoples Organizations - the Hague); acknowledgment and inclusion in the UN Working Group Treaty Study; participation in International Consultation with the World Council of Churches in Geneva; and participation with other indigenous collectives in international consultations in Vienna, Austria; Geneva, Switzerland; Cairo, Egypt; Rio de Janeiro, Brazil; Darwin, Australia; and elsewhere; 4. A long track record on issues relating to human rights violations and the mismanagement of native trust assets and other entitlements by the United States government and the State of Hawai'i. No other Hawaiian group or purported Hawai'i sovereign has such a record of accomplishments. These and many other achievements of Ka Lahui Hawai'i can be shared with all those who endorse this initiative and choose to participate as citizens or legislators of the Nation. B. Accepting the Challenge of Change In order to safeguard the right of self-determination for future generations, Ka Lahui Hawai'i's Constitution provides the opportunity for its citizens to change the nation's governmental structure, its processes, policies, and land base. Acknowledging that all things change, we accept that the Nation we have built may need to be changed to meet the needs of our peoples and of our 'aina. We believe that the process for change is what makes change possible. All citizens of Ka Lahui Hawai'i are empowered with the ability to create political change or to completely restructure the Nation if we can work collectively and gain the support of and the consensus of our own people. Persons or groups who may favor other structures of government, for example: monarchical, traditional, free-association, or commonwealth status can change Ka Lahui Hawai'i's structure if they win the support of the Nation's citizens and elected leaders. Ka Lahui Hawai'i has the process for change, but it can only work if people choose to use it. ------------------------------------------------ III. Dealing with the United States A. The Evolution of United States Policy Relating to Hawaii and its Indigenous Peoples 1. The Policy of Perpetual Peace and Friendship - 1826 -1842 The United States recognized the sovereignty of the Hawaiian Nation and pledged perpetual "peace and friendship" between the United States and the "people and subjects" of the "Sandwich Islands" in the first United States/ Hawai'i Convention dated December 23,1826. Subsequent Conventions reiterated this pledge of mutual respect. (See Treaty of Friendship, Commerce and Navigation, December 1849; Convention of Reciprocity, June 1876.) 2. The Policy of United States Colonial Domination - The Tyler Doctrine 1842 On December 30,1842 the United States Secretary of State Daniel Webster delivered to Hawaiian envoys a document which stated that the United States had a special interest in Hawai'i. This document, which was sent by the United States to England and France, stated, "no power ought either to take possession of the islands as a conquest, or for the purpose of colonization and that no power ought to seek for any undue control over the existing government." This document became known as the Tyler Doctrine after then United States President, John Tyler. By imposing the Tyler Doctrine on Hawai'i, the United States was asserting that Hawai'i was within the United States sphere of influence and was to be subjected to United States colonial domination. All treaties and conventions between the Hawaiian Nation and the United States negotiated subsequent to1842 favored United States' interests over those of the Nation. 3. The Policy of Armed Intervention - The Overthrow of 1893 and Annexation of1898 In 1872 the United States War Department dispatched a secret military mission to Hawai'i "for the purpose of ascertaining the defense capabilities of the different ports...in order to collect all information that would be of service to the Country (United States) in the event of war...". This military mission also mapped and surveyed Pearl Harbor, Schofield Barracks, Fort Armstrong, and other staging areas of the islands. This mission and its report were kept secret until 1897, when they were released to the Congressional Committee considering Annexation. (see Volume 11, Native Hawaiians Study Commission, June 23, 1994, page 39.) The United States Congressional Record of the United States Senate (S.6956), June 23, 1969 reveals the following: a) In February 1874 United States armed forces landed in Hawai'i "to preserve order and protect American lives and interests during the inauguration of a new King"; b) In July 1889 United States armed forces landed in Hawai'i "to protect American interests at Honolulu during a revolution"; and c) From January 16 to April 1,1893 United States armed forces occupied Hawai'i "ostensibly to protect Ameri- can lives and property: in actuality to promote a provi- sional government under Sanford B. Dole. This action was disavowed by the United States." 4. The Policy of the "Sacred Trust" 1946 - 1959 Following the annexation of Hawai'i in1898, Hawai'i was held by the United States as a territory. In 1946 when the United Nations was created, the United Nations listed Hawai'i as a Non-Self-Governing Territory under United States Administration. Pursuant to Chapter XI of the United Nations Charter, the United States had a "sacred trust" obligation to promote the political aspirations of the peoples of the territory and to assist them in developing self-government (see Section VIII herein - International Issues). The United States never fulfilled its "sacred obligation," nor did it comply with the international standards requiring that the peoples of the "territory" be provided with several options for self-government. In 1959 when the United States imposed statehood on Hawai'i, the United Nations without inquiry or investigation and at the United Statest request, removed Hawai'i from the United Nations List of Non-Self-Governing Territories. B. The Current Policy of the United States Towards Hawaiians: The Policy of Non-Recognition, Denial, and State Wardship 1. State Wardship In 1959 the United States created a policy of "State Wardship" which it imposed on Hawaiians and the State in the Admissions Act. Under this policy a small portion of vast traditional archipelagic territories were identified for "Native Hawaiians." (Those Hawaiians who could not prove they were "Natives" of 50% blood were excluded.) These lands were given by the United Stabs to the State of Hawai'i in trust for "Native Hawaiians" for homelands and other uses, but they were never inventoried or mapped. Instead, these lands were combined with other public lands and transferred to the State of Hawai'i, thus commingling them with the remaining stolen Ceded Lands of the Kingdom. The United States retained and continues to use a significant portion of Hawaiian Lands. Under the United States policy of State Wardship, Hawaiians are denied: a) Our collective right to self-determination; b) The power to collectively receive, develop, and utilize our lands and natural resources, fisheries, and cultural properties; and c) The ability to preserve and protect our entitlement for future generations. Since 1959 the United States has maintained a policy of non-recognition of the indigenous peoples of Hawai'i and has consistently dealt with the State of Hawai'i despite an extensive record of State neglect and mismanagement of the native trusts. The record reveals that the United States itself by acting in collusion with the State has illegally acquired for its own use trust lands set aside by U.S. Congress for homesteading. For over 73 years, the United States has failed to protect the Civil Rights of Hawaiians (see A Broken Trust, Report of the Hawai'i Advisory Committee to the United States Commission on Civil Rights, December 1991.) 3. Reagan, Bush, and Clinton Administrative Policy - Abandonment In 1979 the Deputy Solicitor of the United States Department of Interior in a letter to the Director of the United States Commission on Civil Rights (Western Division) wrote,". . . it is the Department's position that the role of the United States under Section 5(f) of the Admissions Act is essentially that of a trustee... The responsibilities of the Federal Government are more than merely supervisory and the United States can be said to have retained its role as trustee under the Act while making the State its instrument for carrying out the trust." (Breach of Trust, ID at page 9) The Reagan Administration began to disavow its responsibilities over the native trusts in 1986. (See Presidential Statement" H.J.R. Res. 17, Public Law No. 99-557, October 27,1886) On August 2, 1990 Tim Glidden, the Secretary of Interior under George Bush, notified the U.S. Commission on Civil Rights that the Interior Department "disclaimed any trusteeship role in the administration of the [Admissions] Act." On January 19, 1993 the Solicitor of the Department of Interior issued a lengthy legal memo entitled "The Scope of Federal Responsibility for Native Hawaiians under the Hawaiian Homes Commission Act." The memo set forth the following conclusion, "We conclude that the United States had no trust responsibilities to the Native Hawaiians either before Statehood or after." (see Memo of Solicitor to Counselor to the Secretary of Interior and Secretary Designate, January 19. 1993.) On November 15, 1993 the new Clinton Administration's Solicitor, John D. Leshy issued a statement withdrawing the Bush policy of January 19, 1993 and indicating that although the Bush policy (no trust obligation) was withdrawn, the Clinton Administration would continue to assert there was no trust obligation in Federal Court! Since this time the Administration has continued to deny its legal trust obligation to Hawaiians and had undertaken closed negotiations with the State of Hawai'i intended to limit United States and State liability. Hawaiian peoples have been completely ignored in the process. 4. The Apology Bill In 1993 the United States Congress passed the Apology Bill (Act of Nov. 23, 1993, Pub. L. No. 103-l5O, 103d Congress,107 STAT. 1510), acknowledging its role in the illegal overthrow of the Hawaiian Nation in 1893 and calling for "Reconciliation." The law does not provide for a process for "reconciliation," nor does it define "reconciliation." The Apology Bill states "...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." C. Ka Lahui Hawai'i's Position Regarding United States Policy 1. Ka Lahui Hawai'i rejects the United States Policy of State Wardship and calls for the immediate termination of this policy by the United States and the State of Hawai'i. 2. The United States accepted a "sacred trust" obligation over Hawai'i under the United Nations Charter and has admitted to its role as a Trustee of the Native Hawaiian trusts. In both instances, the United States has violated its trust obligations and is obligated to restore the rights and entitlements of the indigenous peoples of Hawai'i to self-determination and to our lands, assets, and natural resources under the United Nations Charter and other international covenants, and pursuant to its own laws. 3. By adoption of the Apology Bill, the United States has acknowledged that "the indigenous Hawaiian people have never directly relinquished 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." Therefore under international law, the American government is engaged in an illegal occupation of Hawai'i. 4. As an act of our collective right to self-determination and to self-governance, Ka Lahui Hawai'i accepts the United States Apology and proposes the following process for "reconciliation" under Public Law 103-150. D. The Ka Lahui Hawai'i Initiative for "Reconciliation" with the United States Pursuant to U.S. Public Law 103-150 (The Apology Bill) 1. The goals of "Reconciliation" are: a) The final resolution of historic claims relating to i. the overthrow; ii. claims relating to State and Federal misuse of native trust lands and resources; iii. violation of human and civil rights; and iv. Federally held Lands and resources; b) The structuring of a new relationship between Ka Lahui Hawai'i and the United States which acknowledges the rights of Native Hawaiians and their descendants, including our right to self-determination . 2. The Essential Elements of "Reconciliation" with the United States shall include but not be limited to the following: a) Express termination of the United States policy of non-recognition of Native Hawaiian self-determination. Repudiation of United States policy of State Wardship. b) Federal recognition of Ka Lahui Hawai'i as the indigenous sovereign Hawaiian Nation and Federal recognition of the jurisdiction of Ka Lahui Hawai'i over its national assets, lands, and natural resources. c) Federal programs, legal and fiscal entitlements, tax benefits, and other obligations to be negotiated. d) Recognition of Hawaiian sovereign rights to trade and commercial activities based on treaties between the Hawaiian Nation and other sovereigns - before and after the overthrow. e) A commitment to decolonize Hawai'i through the United Nation process for non-self-governing territories. 3. Provision for Land, Natural Resources, and Cultural Resources include: a) Restoration of traditional lands, natural resources, ocean and energy resources to the Ka Lahui National Land Trust: i. The United States and the State of Hawai'i shall inventory and restore the lands of the native trusts (State controlled Hawaiian Home Lands and Ceded Lands) and Federally held Lands, and the United States shall remedy all Federal and State breaches of trust relating to these assets. ii. The United States and the State of Hawai'i shall segregate the Hawaiian National Trust Lands from other public and private lands. iii. The United States and the State of Hawai'i shall allocate not less than two (2) million acres of land drawn from State-controlled Ceded Lands, State-controlled Hawaiian Homes Lands, and Federally-controlled Lands to the National Land Trust. iv. The Base Closure Act and Federal Surplus Property Act shall be amended to allow for land banking of these lands for the National Land Trust. b) Cultural, traditional, religious, and economic rights The United States shall recognize individual and collective Hawaiian rights to cultural and religious properties, marine resources (to the 200 mile limit established under International Law) and cultural ecosystems. These entitlements and economic entitlements should be recognized as the jurisdiction of Ka Lahui Hawai'i, the indigenous Hawaiian Nation. ---------------------------------------------- IV. Terminating Wardship Under the State Native Hawaiians and their descendants have not benefited from the illegal United States imposed policy of State Wardship which was created in 1959 as part of Statehood. On the other hand, the State of Hawai'i has benefited by utilizing its power as a Trustee to diminish, transfer, encumber, and toxify our native trust lands and resources. By failing to settle Hawaiians and Native Hawaiians on 5(f) Ceded and Hawaiian Home Lands, the State withheld from Native peoples their land entitlements, while Hawaiian "beneficiaries" died in poverty and destitution. The State acted in collusion with the Federal Government to violate the human and civil rights of Hawai'i's indigenous peoples, and participated in denying the Hawaiian people their collective rights to self-determination and self-government. A. Ka Lahui Hawai's Position on State Issues (Generally) 1. Self-Determination: The State of Hawai'i by legislation shall agree to repudiate the United States imposed policy of State Wardship and recognize Ka Lahui Hawai'i as a sovereign government with all of its rightful power and jurisdiction over its lands and resources. 2. Native Trust Lands, Assets, and Resources: The State of Hawai'i shall cease the sale, transfer, lease, or encumbrance of Hawaiian Homes and State Ceded Lands to non-Hawaiians and shall work collectively with Ka Lahui Hawai'i and the United States to segregate traditional lands and natural resources for the National Land Trust (see Sec. V herein- Establishment of a National Land Trust). The State shall segregate the financial resources of Native Hawaiians and their descendants and transfer these fiscal resources to the Hawaiian Nation. (The State shall repeal any legislation that provides for the sale of ceded lands.) 3. Hawaiian Home Lands and Natural Resources: a) Hawaiian Homes residential, pastoral, and agricultural Lessees shall be given a choice of remaining lessees of the State of Hawai'i or becoming lessees of the Hawaiian Nation. No Native Hawaiian or Hawaiian leases shall be canceled. All of the above leases shall be continued; all residential leases shall be renewable 99 year leases. b) All other encumbered Hawaiian Home Lands and all commercial and induatrial Hawaiian Homes leases shall be transferred to the National Land Trust. c) The State of Hawai'i shall assume liability for illegal transfers of these lands and for pollution and waste of these trust assets. If such issues cannot be resolved through negotiation, the State shall consent to be sued for its breaches of trust. d) The State of Hawai'i shall work cooperatively with Ka Lahui Hawai'i to obtain redress from the United States for all actions of the United States which have diminished the Hawaiian Home Lands Trust or the Ceded Land Trust. 4. State Controlled 5(f) Lands and Natural Resources: a) The State of Hawai'i, including the Office of Hawaiian Affairs, shall work cooperatively with Ka Lahui Hawai'i and the United States to finalize ~ accurate inventory of the Ceded Lands, and the segregation of not less than one-half of these lands for the National Land Trust. The State of Hawai'i, including the Office of Hawaiian Affairs, shall work cooperatively with Ka Lahui Hawai'i to inventory the financial resources of the Native Hawaiians and their descendants and transfer these fiscal resources to the Nation. b) The State of Hawai'i shall acknowledge the jurisdiction of Ka Lahui Hawai'i over its lands and natural resources, including but not limited to: i. the total environment of the lands, air, water, coastal seas, submerged lands, flora and fauna, and other resources which we have traditionally owned or otherwise occupied or used, and ii. surface and ground water, and energy resources. The State of Hawai'i shall agree that National Land Trusts are not subject to State or County Taxation, legislation, or control or jurisdiction. Ka Lahui Hawai'i believes that the management of natural resources will involve working collectively with all those who use these resources. c) The State of Hawai'i shall assume liability for illegal transfer of these lands and for pollution and waste of these trust assets. If such issues cannot be resolved through negotiation, the State will consent to be sued for its breaches of trust. ----------------------------------------- V. Establishment of a National Land Trust A. The Need The survival of Native Hawaiians, our ancestors, and descendants is rooted deeply in the land. The life of the land is the spiritual and cultural foundation of Native Hawaiians and our children. Therefore, Ka Lahui Hawai'i, like all other sovereign nations, needs to reclaim and recover its land base. Land is one of the fundamental elements of sovereignty. The Hawaiian peoples' loss of their traditional lands has resulted in genocide and diaspora. In order to care for its peoples and to ensure their survival, Ka Lahui Hawai'i seeks to establish a National Land Trust to develop housing, medical and educational facilities, and business enterprises. Lands and natural resources also include the cultural properties, sacred sibs, traditional fisheries, and other resources of the Hawaiian nation which are necessary to maintain and preserve the spiritual and economic foundation of the indigenous culture for future generations. B. The Entitlement Ka Lahui Hawai'i's Constitution identifies the land and natural resource entitlements of indigenous Hawaiians within the archipelagic boundaries of our traditional territories because we assert that our collective rights to land and natural resources preceded the illegal overthrow of 1893. Ka Lahui Hawai'i's Constitution sets forth an expansive view of these entitlements, including, but not limited to, the following: 1. State held trust lands: Hawaiian Homes and ceded lands; 2. Marine Resources and Fisheries to the 200 mile limit recognized under international law; 3. Surface and ground water rights and submerged lands (i.e. shoals, reefs, atolls, estuaries, and marshes to the 200 mile limit); 6. Energy resources: Ocean thermal and geothermal resources; 6. Minerals and other metallic substances; 7. Airspace above the land and marine resources; 8. The trust assets of the Private Trusts - (see Section Vl herein- The Private Land Trusts). C. The Commitment Ka Lahui Hawai'i asserts that the Hawaiian Nation has an obligation to maintain, protect, and preserve the lands and the resources of the Hawaiian peoples for future generations. The following are the basic components which comprise Ka Lahui Hawai'i's Land Management and development strategy: 1. The lands and natural resources of the Hawaiian Nation shall be held for future generations. The lands and natural resources of the Hawaiian Nation are inalienable. 2. Maintenance and development of the national land base shall be guided by the traditional concept of Malama 'Aina, which includes sound principles of Natural Resource Management based on the carrying capacity of the land or the resource. 3. Cultural and historic properties, sacred sites, and other ecosystems of religious or archeological significance shall be inventoried, managed, and preserved. 4. National lands and resources shall be allocated not only for the collective needs of the citizenry (national undertakings), but for the individual private uses of the citizens which are licensed or permitted by the Hawaiian Nation. D. The Establishment of a National Land Trust The preservation and management of our Traditional lands and natural resources require the establishment of a National Land Trust under the control and management of the Hawaiian nation. Hawaiian lands and resources are currently under the control of state and federal agencies, private trusts, corporations, and individuals. The termination of the United States imposed policy of wardship shall require that Hawaiians devise a new way to: 1. Marshal our lands and resources, and 2. Collectively manage our lands and resources in order to ensure their appropriate use for future generations, and 3. Most importantly to prevent other sovereigns and private corporations who may attempt to deplete, encumber, tax, or otherwise utilize and diminish our resources. To this end, Ka Lahui Hawai'i asserts that a National Land Trust should be established immediately as a preliminary primary undertaking. This undertaking should precede any formal ne- gotiation or claims settlement with the United States or the State of Hawai'i. The criteria used above should be utilized in the process of amassing the lands of the Hawaiian nation. Land and water resources which have been toxified, polluted, or rendered dangerous by virtue of military, state, commercial, or industrialized uses should not be automatically transferred to the Hawaiian Nation. Rather, the Hawaiian Nation and its citizens shall establish a method to secure lands and resources which can be used or need to be preserved for future use. The National Land Trust shall be comprised of lands currently called: 1. Hawaiian Home Lands; 2. State Ceded Lands; 3. Federally held lands; and 4. Private Land Trusts (Ree Sec V! hereir~ - The Privab Lend Th~b). Ka Lahui Hawai'i asserts that the current and immediate needs of the Hawaiian peoples for economic development, housing, education, health, and for the protection of cultural ecosystems and historic and sacred properties requires not less than two (2) million land acres. It is Ka Lahui Hawai'i's position that the National Land Trust of the Hawaiian Nation should eventually encompass all of the traditional lands of the Native Hawaiians and their descendants. VI. The Private Land Trusts The Hawaiian Monarchy provided for future generations by bequeathing their personal entitlements to land in trust for the Hawaiian people. These include: 1. The Kamehameha Schools / Bishop Estate; 2. The Queen Emma Foundation, Queen's Medical Center and Health Care System; 3. The Lunalilo Trust; 4. The Queen Lili'uokalani Trust; 5. The Queen Kapi'olani Women's and Children's Medical Center. These private trusts were created to provide for education, medi- cal assistance and assistance for elderly and orphaned children. These private trust lands and assets are currently managed pursuant to State and Federal law, despite the fact that they are entitlements of Hawaiians. Hawaiian beneficiaries have never had any opportunity to set policy for the administrations of these assets, nor have they been able to participate in the selection or appointment of the per- sons who administer the trusts. The appointment process for trustees and administrators of these trusts has been highly politicized and has resulted in the mismanagement of these trusts. Some of the Private Trust Lands and assets have been severely diminished by State condemnation. The Bishop Estate lands have been confiscated by State law in order to provide for private home ownership - a State obligation which the State did not address. These lands are not entitled to the tax and other benefits as proposed by the Ka Lahui Hawai'i National Land Trust. A. Ka Lahui Hawai'i's Position Regarding the Private Trusts 1. Ka Lahui Hawai'i's asserts that Native Hawaiians and their descendants are beneficiaries of these trusts, and should be able to participate in their management and in the setting of policies relating to these lands. 2. Ka Lahui Hawai'i assets that the lands and assets of the private trusts must be protected from State and Federal actions which diminish their land base or financial resources. B. Ka Lahui Hawai'i, as the Native Hawaiian Nation, acknowledges its responsibility and obligation to provide for the health, education, and welfare of its peoples. To this end, our national objectives and those of the private trusts are common goals. C. The Private Trusts shall work cooperatively with Ka Lahui in the following areas: 1. To find ways in which the assets of the Private Trusts can be incorporated into the National Land Trust or otherwise designated "National Lands" in order to shield them from State, Federal, and County actions (including taxation); 2. To devise processes which shall allow native peoples and Ka Lahui Hawai'i to participate in the setting of policies relating to the management of the private trusts and the appointment and employment terms of the trustees and administrators overseeing these trusts; 3. To collectively develop and implement Service Programs so that duplication is avoided and adequate financing is available; 4. The creation of an H.M.O. (Health Maintenance Organization) providing health services and coverage to all citizens of Ka Lahui Hawai'i who subscribe and which can maximize medical benefits from Medicaid, Medicare, et cetera. Medical and health services should include, but not be limited to: mental health, substance abuse, family and domestic abuse, nutrition and dietary needs, and elderly health services. Medical services shall be provided to all indigent Ka Lahui Hawai'i citizens. There are many issues which the Private Trusts and Ka Lahui Hawai'i need to explore. The Private Trusts cannot avoid Sovereignty or escape the ramifications of Hawaiian self-determination. Working cooperatively with Ka Lahui Hawai'i towards common goals is an alternative to beneficiary suits. Our private trusts are being targeted and diminished; we must all work collectively to maintain and maximize these assets for future generations. ------------------------------------ VII. Economic Development Ka Lahui Hawai'i defines the fifth element of sovereignty as an economic base, the ability of the nation to work on behalf of its citizens to be self-supporting. Ka Lahui Hawai'i asserts that the goal of nationhood is economic self-sufficiency. The cornerstones and fundamental building blocks of our sovereign initiative for economic development are the following: 1. The Hawaiian Nation shall establish a National Land Trust and have jurisdiction over its capital assets (revenues) in order to support economic initiatives for housing, employment, education, and the development of its own businesses and those of its citizens; 2. The Hawaiian Nation shall attain international and United States recognition of its sovereignty and shall negotiate economic and tax benefits appropriate for a National Land Trust. This shall not only exempt "national" business from taxation, but it shall provide the private sector (Hawaiian and non-Hawaiian) businesses with the opportunity to share in these benefits if they undertake to joint-venture with the Hawaiian Nation. This approach provides the Hawaiian Nation with the ability to utilize the tax incentive to work with the broader business community in meeting the needs of our citizens while creating more opportunities for affordable products and services. 3. The international trade agreements, covenants, and treaties between the Monarchy and other "foreign" nations are a historic entitlement, the benefit of which are due Native Hawaiian and their descendants. Therefore, the Hawaiian Nation has an established history of international trade agreements which is a basis for seeking such status with other nations, including the United States. It is Ka Lahui Hawai'i's position that our sovereign nation should be free to enter into international trade agreements and contracts without the burden of United Stabs customs, tariffs, and import and export regulations and costs. 4. Ka Lahui Hawai'i supports the concept of community-based economic development. Economic self-sufficiency is an achievable goal of our citizens and local communities. Hawaiian small businesses should be given the financial and technical support to create and maintain businesses which employ citizens and return benefits to the community that supports the business enterprises. A. Taxation and Regulations The power to tax and to regulate economic activities on its land base is an essential expression of self-determination of peoples through their sovereign nation. This power cannot be limited to economic activities of indigenous peoples, but must extend to all economic undertakings pursued within the domain (land, air, and water) of the Hawaiian Nation. B. The Rights to Self-Development and Technology Ka Lahui Hawai'i asserts that economic development must be culturally appropriate and environmentally responsible. Technological applications which meet these criteria should be utilized by the Hawaiian Nation. The right to determine whether development occurs and how development proceeds is a sovereign right vested in the Hawaiian Nation. In keeping with our national commitment to peace and disarmament, Ka Lahui Hawai'i opposes the use of all trust lands and marine and air resources for military ends. ------------------------------------ VIII. International Issues A. Reinscription 1. History Hawai'i was part of the United Nations System until 1959 when the United States imposed statehood on the archipelago. Hawai'i was one of several territories on the United Nations list of Non-Self-Governing Territories from 1946 to 1959. During this time the United States was, under international law, the "administering agent" of Hawai'i. Pursuant to Chapter Xl, Article 73 of the United Nations Charter, the United States, as Hawai'i's "administering agent., accepted as a "sacred trust" the obligation to assist the "inhabitants" of the territory "in the progressive development of their free political institutions." In 1963 the Fourth Committee of the United Nations General Assembly passed Resolution 742.2 Resolution 742 required that the inhabitants of the territories be given several choices in achieving self-government. These choices included: Free Association, Commonwealth, Integration (Statehood), and Independence or "other separate systems of self-government." The United States never initiated a program for "decolonization" in Hawai'i under the United Nations process, nor did it allow the inhabitants of the territory their right to choose the options identified in Resolution 742. In 1969 the United States controlled the Statehood Plebiscite, the ballot provided for only one choice - statehood. History reveals that the 1969 Statehood Plebiscite was a violation of international legal standards intended to protect Hawai'i's indigenous peoples. 2. Position Statement Ka Lahui Hawai'i supports the reinscription of Hawai'i on the United Nations list of Non-Self-Governing Territories. Ka Lahui Hawai'i in its work to date has chosen to develop a culturallv appropriate "separate system of self-government." which incorporates Hawaiian values and traditions and which sets forth the "cultural jurisdiction" of the Hawaiian Nation as provided by Part II of Resolution 742. The Commonwealth and Free Association options under international law are essentially western forms of government which do not address or protect the rights of the indigenous peoples of the land. 3. By adoption of the Apology Bill, the United States has acknowledged that "the indigenous Hawaiian peoples have never directly relinquished 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." Therefore under international law, indigenous peoples of Hawai'i are entitled to a separate system of self-government. B. International Treaties Prior to the illegal overthrow of the Hawaiian government, the Kingdom had negotiated several international treaties with all the sovereigns of Western Europe, the United States, Japan, and Russia. These treaties were declared by the United States to be null and void upon annexation. Ka Lahui Hawai'i asserts that these treaties should be honored by the United States and other treaty signatories and that the trade and commercial benefits conferred by these treaties should be recognized. To date, Ka Lahui Hawai'i has negotiated and ratified 17 treaties with 85 indigenous nations on the American Continent. Ka Lahui Hawai'i has also been granted voting membership with U.N.P.0 (Unrepresented Nations and Peoples Organizations the Hague). C. International Instruments Ka Lahui Hawai'i asserts that the indigenous peoples of Hawai'i are entitled to the full protection of all international instruments, conventions, and treaties. Ka Lahui Hawai'i is committed to achieving the passage of the Draft Declaration for Rights of Indigenous Peoples in the form in which it was passed by the United Nations Working Group in August 1993. -------------------------- Conclusion Oli Ho'oikaia Prophecy of a Nation E iho ana a luna, E pi'i ana o lalo, E hui ana na moku, E ku ana ka paia. That which is above shall be brought down, That which is below shall be lifted up, The islands shall be united, The walls shall stand upright. David Malo Ka Lahui Hawai'i is a Native Hawaiian grassroots initiative for self-determination. It is an enduring vision woven with traditional beliefs and cultural values by several generations of Hawaiians who seek and continue to work for resolution of the past and present injustices—i.e., the illegal overthrow of the Hawaiian Nation, the loss of our lands by American colonization. Ka Lahui Hawai'i Master Plan is our mana'o (ideas, thoughts) for self-government that we bring into the broader Hawaiian community for discussion. We strongly encourage and welcome other members of the Hawaiian community to bring forth their mana'o as well. Together the Hawaiian people can exercise Native self-determination by deciding what political structure our Nation will have. We look forward to hearing from you so that a puwalu (working together in unison) can be convened where we all can share. discuss, and build our Nation. E ala! E alu! E kuilima Arise! Together! Join hands!