Wednesday, June 24, 2009

Opposing "Akaka Bill," H.R. 2314

The following letter was created using "boilerplate" provided by the Koani Foundation/Free Hawai'i folks. Then I made some changes. Please read on, and then send your own letter opposing this dangerous bill.
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June 24, 2009

The Honorable Nick J. Rahall II, Chairman
The Honorable Doc Hastings, Ranking Member
House Committee on Natural Resources
U.S. House of Representatives
1324 Longworth House Office Building
Washington, DC 20515

RE - OPPOSITION TO H.R. 2314 - Native Hawaiian Government Reorganization Act of 2009

Dear Honorable Rahall, Honorable Hastings, and Members of the House Committee on Natural Resources,

I thank you for allowing me to submit this testimony in OPPOSITION to H.R. 2314, which seeks to express the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process of the recognition by the United States of the Native Hawaiian governing entity.

I OPPOSE H.R. 2314: Native Hawaiian Government Reorganization Act of 2009 because -

Lack of Community Comment and Testimony

No hearings have ever been held in Hawai`i on the current legislation before the 2009 Congress.

Native Hawaiian people have not been offered the ability to attend any hearings held in Hawai`i, either on O’ahu or the neighbor islands, that would allow the Hawaiian people to present testimony on the Native Hawaiian Government Reorganization Act.

In 2000, only two (2) days of hearings were held on O`ahu Island. All other hearings were cancelled. This is hardly a democratic process! Even the corporate forces behind the currently contested “TMT” telescope proposals have been decent enough to organize forums for community testimony, on two islands! Why cannot the U.S. government do better than that?

The current and past bills addressing the United States relationship with Native Hawaiians to provide a process of the recognition by the United States of the Native Hawaiian governing entity were subsequently redrafted and amendments were added with no input or testimony from the Hawaiian people.


The Hawaiian people seek the right to a fair and democratic process that includes hearings on H.R. 2314 throughout the islands that comprise the state of Hawai`i.

For 9 years, Hawaiians have requested that the island wide hearings be rescheduled so that the hundreds of Hawaiians who want to testify can be included and their concerns heard.

H.R. 2314 disenfranchises Native Hawaiians

The effort being pursued in the US Congress violates the most fundamental principles of democracy and human rights.

H.R. 2314 disenfranchises the Hawaiian people by ensuring that persons residing on the US continent, many of whom have no contact or relationship with Hawaiian culture or Hawai`i, will control the electoral process.

By including a huge American continental population, the drafters of H.R. 2314 have guaranteed that Hawaiians of Molokai, Maui, Kaua`i, Hawai`i Island and Lana`i will be outvoted at their own Constitutional Convention.

Most importantly, the Hawai`i based native Hawaiians such as Hawaiian Homesteaders who are the sole beneficiaries of the Ceded Lands and Hawaiian Homelands trusts will be outvoted by a margin of 10 to 1.

H.R. 2314 disenfranchises descendents of Hawaiian Nationals

Native Hawaiians were not the only people harmed by the illegal overthrow of the Kingdom of Hawai’i, the illegal annexation of Hawai’i through a U.S. domestic resolution (Newlands) instead of a nation to nation treaty as required by international law, and the illegally conducted “statehood” vote. Every version of H.R. 2314 has ignored the very real claims of the multi-ethnic descendents of citizens of the Kingdom of Hawai’i, who were also robbed of their country and citizenship, just like the Native Hawaiians.

Finally,

In the 9 years during which time the Native Hawaiian Government Reorganization Act has evolved, the Hawai`i Federal Delegation made several concessions to previous federal and state administrations, the goal of which is to maintain the political status of the Hawaiian peoples as wards of the United States and state of Hawai`i, and to ensure that the vast land and fiscal resources of the Hawaiian people are utilized for US federal and state priorities.

The Administration of President Barrack Obama came to office promising open government dedicated to truth and justice for all peoples. I call upon the Obama Administration, and Democrats in the US Congress to live with the integrity of their own words.

I call for the Congressional Committee to hold hearings on the Native Hawaiian Government Reorganization Act in Hawai`i to provide the Hawaiian peoples their right to participate in the process and to seek amendments to the Native Hawaiian Government Reorganization Act.

Therefore, I strongly urge you to OPPOSE H.R. 2314 until Congressional hearings are scheduled and held in Hawai`i on all islands, and in all States on the US continent where a significant population of Hawaiians reside, in order to provide the Hawaiian peoples their right to a democratic fair, free, and impartial process of self-determination and to empower them with the ability to determine the culturally appropriate mechanism for their own self-governance.

In addition, I strongly urge the inclusion of descendents of Hawaiian nationals in any planning processes which affect the occupied Kingdom of Hawai’i, which is the true status of Hawai’i, as confirmed by the World Court at the Hague.

Mahalo nui loa,
Amy Marsh

Friday, June 12, 2009

Pinky the Cat Stands Up for Hawai'i Nei

The Pinky Show is clever and informative website which features videos that are well researched and innocently entertaining, while always packing a wallop of home truths! Especially this episode below.

http://www.pinkyshow.org/archives/episodes/090611_hawaii03/

And I have to wonder, if Pinky can speak truth to power (while blinking innocently with that little kitty cat face), why don't the rest of us do it more often?

Wednesday, June 10, 2009

A'ole to the Akaka Bill! (Just say "No Way!")

Here is a letter written to oppose the Akaka bill, which is being heard, yet again, in one of its many pernicious forms, tomorrow, June 11, 2009. This letter is written by independence activist, Ku Ching. Please join all of us in opposing this terrible bill. It will not do Native Hawaiians, or descendents of Hawaiian Nationals, any good at all!
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Honorable Nick J. Rahall (D-WV)
Chair
The House Natural Resources Committee

Re: Hearing on H.R. 2314
June 11, 2009
10:00 A.M.

Chairman Rahall and Members of the Committee,

I am a Kanaka Maoli (Native Hawaiian) and go on record to OPPOSE H.R. 2314.

According to historical fact, truth and rule of law, Native Hawaiians are not American Indians.

And I - along with many, many others - do not want that distinction.

If anything, we are Hawaiian, subjects of the Kingdom of Hawaii, whose government has been placed into some kind of limbo by the imperialistic forces of the u.s. - in 1893 - in conflict with the highest law of the (u.s.) land - its (the u.s.'s) treaties.

As international law states: One nation-state cannot (on its own) discontinue the existence of another nation-state.

The Kingdom of Hawaii was an "international" nation-state - recognized by all members of the "Family of Nations" - but its history was interrupted in a coups d'etat in which u.s. military troops were complicit and necessary (to pull off). In other words - the u.s. was a major player in an illegal coups d'etat.

The end of u.s. occuption of Hawai'i is overdue.

To enact H..R. 2314 would continue the abuse of the u.s. constitution - and support the unconscionable illegal overthrow of the Hawaiian Kingdom.

Moreso - the passage of H.R. 2314 would whitewash all of the mistakes of the u.s. in its most imperialistic period - as it pertains to Hawai'i.

Such a whitewash would tend to stifle Hawaiians' right to justice, a "real" reconciliation, and their right of self-determination (among other things, as promulgated in the 2007 UN Declaration on the Rights of Indigenous Peoples).

Actually - the u.s. supreme court decided recently (March 31, 2009) - that "resolutions" are not the law of the land - in the case of OHA vs. State of Hawaii.

However, the supreme court did not go one step further - Which is to find that the "Resolution of Annexation" (of Hawai'i to the u.s.) is also NOT the law of the land.

Hawai'i IS NOT part of the u.s. It (Hawai'i) is merely being subject to belligerant occupation - of which international laws - aren't being complied with by the u.s.

In reference to the March 31, 2009, supreme court case, I wrote - as it pertains to the so-called "ceded lands" ---

Deeded? No way.

Ceded? By Whom? Tried to by the Republic of Hawaii. Where did it get its title? It didn't have any.

Annexation? It never happened. The myth continues, for instance, on the McKinley statue at McKinley H.S., which labels the document he holds as "Treaty!" There was NO treaty. A resolution is domestic and only has the force of law, if any, within the boundaries of the sponsoring nation. The "Resolution of Annexation" was powerless in Hawai'i.

While treaties are "the supreme law of the land" - the u.s. does not live by its treaties.

Never fear, the Supreme Court will find a way to continue the myth.

However, if the so-called "ceded lands trust" is found to be unconstitutional - Should the Statehood Act also be found unconstitutional?

Or can the Court - as in Pearl Harbor - support cancellation of the treaty - yet allow the u.s. to not only keep the "use" of it, but allow the u.s. to claim good title?

Manifest Destiny is alive!

Unfortunately, this appeal gives the u.s. supreme court the wherewithal to make legal what all the misrepresentation, deception and fraud wreaked upon the subjects of the Hawaiian Kingdom and the Kingdom - by the illegal Overthrow, the Annexation that never took place, and the cession, by an entity without interest or title, of the so-called "ceded" lands (the stolen Hawaiian Kingdom lands.

A possible outcome of this appeal, based on racial equality - for me - may cancel one of my major reasons for opposing the so-called "Akaka" Bill - to keep the stolen lands out of the hands of the u.s. and the so-called state of Hawai`i.

Again - Justice is elusive. But - I suppose - this is how dastardly folks can steal a Kingdom, its lands, and unconstitutionally make americans out of hawaiians.

But - holdouts like me - refuse to play this game. Onipa'a!!!!

______

Therefore, sir, I am violently opposed to H.R. 2314 - for the above reasons AND many more ... and I recommend that you and your committee reject the bill.
Clarence Kukauakahi Ching, Waimea, Hawai'i

Tuesday, March 31, 2009

Lilikala Kame'eleihiwa's Statement on 3/31/09 Supreme Court Ruling

Aloha kakou,
I copy and paste Dr. Kame'eleihiwa's statement here, to add to the widening circulation her words should have. As an ally of Hawaiian independence, I join with those who protest this ruling.

Here are her words, reprinted from the Honolulu Advertiser:

US Supreme Court Ruling on Sale of Stolen ('Ceded') Lands: Statement from Lilikala Kame'eleihiwa, UH Center for Hawaiian Studies 3/31/09 (From the Honolulu Advertiser 3/31/09)

"Today we learn that the Supreme Court of Injustice of America, has ruled unanimously that the illegal State of Hawaii has the right to sell "ceded" lands. Why are we not surprised? If they had ruled otherwise every native nation whose lands have been taken by America would file suit for a return of their lands.

We, the Hawaiian people, who are born from the union of Papahanaumoku and Wakea, earth mother and sky father, and who have lived in these islands for over 100 generations, will always have the moral right to the lands of Hawaii now and forever, no matter what any court says.

The land of Hawaii is our ancestor. In order to survive culturally as the Hawaiian people we, must have land upon which to practice our culture. To deny us the right to our ancestral land, especially the so called "ceded" or stolen lands, is to perpetuate cultural genocide upon the Hawaiian people.

Therefore, we Reject the March 31, 2009 Supreme Court decision. We call upon all non Hawaiians everywhere, who support the survival of the Hawaiian people, and who support survival of the Hawaiian culture, to also support the moral right of the Hawaiian people to have jurisdiction over the "ceded" lands, and to join us in the Rejection of this immoral decision by the supreme court.


HISTORICAL OVERVIEW OF INTERNATIONAL LEGAL RIGHTS

Under International Law, America has

• Illegally invaded our internationally recognized Hawaiian Nation in 1893 and held our country since then by "right" of military force,

• Illegally annexed the Hawaiian islands without an annexation treaty in 1900, (no other American territory has ever been taken by the legal fiction of joint resolution)

• Accepted the so called "ceded lands" from a puppet American government only held in place by the force of the American military,

• Illegally made Hawaii a U.S. state by faulty vote in 1959, as no option for independence was afforded on the ballot as is required by the United Nations,

• Through its agent the State of Hawaii, has abused and mismanaged Hawaiian lands since 1959, still not even having an accurate inventory of the "ceded" lands,

• Through its occupying military, has bombed, destroyed, and grossly polluted with toxic wastes the precious lands of Hawaii,

• And now, through the decision of its Supreme Court, will try to alienate all "ceded" lands by sale to private foreign developers.

Moreover, under International Law Indigenous Peoples have rights to their traditional lands. The United Nations Declaration on the Rights of Indigenous Peoples, passed on September 13, 2007 by 144 nations of the world, enshrines Indigenous Rights to land in the following articles:

ARTICLE 25:
Indigenous Peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.


ARTICLE 26:
1. Indigenous Peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

2. Indigenous Peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the Indigenous Peoples concerned.

ARTICLE 27:
1. States shall establish and implement, in conjunction with Indigenous Peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to Indigenous Peoples' laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of Indigenous Peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous Peoples shall have the right to participate in this process.

2. Unless otherwise freely agreed upon by the Peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.

ARTICLE 29:
1. Indigenous Peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programs for Indigenous Peoples for such conservation and protection, without discrimination.

2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of Indigenous Peoples without their free, prior and informed consent.

CONCLUSIONTherefore, we, the Hawaiian people, who are born from the Hawaiian land, and who have resided here for over 100 generations, reject forever the decision of the Supreme Court of American injustice!

That court only has the "right" to rule because its military is illegally occupying our country, it does not have the moral right!

Remember that was the court that once found slavery legal, and that was the court that eventually had to find that slavery was illegal. They did so because of the moral outrage of the American people. No doubt one day that same court will find that they have erred yet again, and that we as Hawaiians have a moral and legal right to deny sale of the "ceded" lands, as that land is our land.

Our sovereign rights to those lands were acknowledge and affirmed by the 1993 Apology Law, and were even acknowledged by the 1959 State of Hawaii constitution, that stated such lands were held in trust for two beneficiaries, the Native Hawaiians and the general public. When the State of Hawaii proposes to sell "ceded" lands, they are abusing that trust for both beneficiaries, as once land is sold (misprint in the newspaper; lines missing)

Over the course of time, history has taught us that wrongs commited against humanity in the name of law are wrongs forever, and eventually wrongs are righted by the overturning of bad law. Just as slavery and genocide have been overturned by human rights, so too will today's decision of the American Supreme Court of Injustice be overturned. We Hawaiians will always have the moral right to our lands, now and for the next 100 generations.

As for Linda Lingle, who has stabbed us in the heart with her abuse of our trust, she has now earned her place in history with other moo niho awa'awa such as John L. Stevens, Lorrin Thurston, and Sanford Dole. Too bad for her; she could have been remembered as our friend."

As found on the Honolulu Advertiser 3/31/09
http://www.honoluluadvertiser.com/article/20090331/BREAKING/90331041/1352

Tuesday, March 24, 2009

Tattoo Story

I am a hula student, as well as a student of the culture in general and an activist for Hawaiian independence. In the second halau hula where I studied, many students and dancers had tattoos. The students and dancers came from all kinds of ethnic and cultural backgrounds, and the tattoo designs most often favored were Tahitian. I did not have any tattoos, and that was okay. I really wasn't planning on getting one.

However, one summer I treked for over 60 miles on Hawai'i island, on a Huaka'i (journey) with some cultural practitioners. It was an amazing time in my life. I have now crossed on foot over a great deal of 'a'a and pahoehoe lava, and had many adventures along the way. When I came back to California, I realized that I needed to tell the story of my journey in a tattoo on my left ankle. There was something about the walk, and the events, and the completion of that journey that begged commemoration in this way. I had been very strongly connected with the 'aina during that walk, and a tattoo would be a way of thanking the cosmos for that great opportunity.

Tricia Allen, an expert in Polynesian tattooing, heard the story of my journey and came up with a design. Our beginning, on the summit of Mauna Kea, was there. The dive for sea urchins was there. My feelings about the goddess Hina were there. There was a lot of kaona in the design, which I know Tricia wasn't aware of, but it was all very clear to me.

After that tattoo, I thought I was done. After all, I could not hope for a second epic overland journey in my lifetime, and I could not conceive of a second tattoo without it having very special meaning. However, a couple years later, I was moved by spirit to commemorate an important lucid teaching dream -- one which was also very Hawaiian in its meaning and symbolism. This meant another tattoo, this time on my right ankle. This was appropriate, because Ku, the god, rules the right side of the body, and my dream was "heaven sent" -- in fact, the whole message of the dream was "as above, so below." I had more of the idea of the design, but Tricia Allen refined it for me.

When this tattoo was done, I told Tricia that I could now die happy, because my body was the way it was supposed to be. That was an odd feeling, but very profound. I felt very complete.

Having these two tattoos on my ankles means that I have to have greater consciousness about how I stand and walk in the world. I have to live up to them, keep a promise to them. They remind me of the greater huaka'i that I am engaged in, every day.

However, I am aware that having Hawaiian style tattoos on my legs can be considered a form of appropriation. I remember one man in Puna, staring hard at me one day, at a flea market. I felt he was objecting to the tattoo. If he had asked me about my tattoo (at that time, I just had one), I would have told him the story of my journey. Even then, he may not have accepted my having it. And this is indeed something I have to "walk with" too -- the implications of the long, sad, suffering history of the islands and their people, due to U.S. imperialism and conquest.

My sweetheart, who has a tattoo up the length of his left leg, done in the traditional Hawaiian manner, with traditional tools, has told me he would "give me" one of the elements from his tattoo. This is a great token of his affection for me. However, I would have to have it done in the traditional manner too, by the artist who created his tattoo. I would be prepared for this, I guess, though the thought scares me a little.

Sunday, March 22, 2009

Ku, Standing Magnificently

Ku is a name that means upright. It is also the name of a god in Hawai'i - a god of agriculture, as well as war. Ku is often coupled with Hina, and together they form a sacred partnership. The right side of a person is energetically Ku, the left, Hina - very much like the sacred male/female duality of Shiva and Shakti in another tradition.

It is my joy and privilege to be partnered with a man named Ku. This has not been an easy road for either of us, and there has been trauma for many people around us as a result. I regret this more than I can say. And yet the relationship was so compelling that I could not live without it. However, I cannot live without my family relationships either, and so there has been an immense struggle to find balance in this.

There is quite a lot that goes into a relationship like ours. We deal with a disparity in our ages, as well as in background. We also have the complexities of a multi-ethnic/cultural relationship. There are certain things in our lives that we share, but cannot really expect the other to understand. My beloved will never "get" punk rock, and I will never really "get" how it was to grow up in a Mormon Chinese/Hawaiian family. But we do strive for understanding.

We are united in a great love of Hawaiian culture and the land, as well as in chemistry and rapport. Before we became sweethearts, we met as activists, wrote an article together, created a workshop, and communicated with great passion and energy on the topic of Hawaiian independence and restoration of the kingdom. I am privileged to know this man as a colleague, a friend, and now as a lover - a man who continues to do great work on behalf of the 'aina and his people.

We are also united in a great love of each other, with joy and a constant struggling to keep things pono between us. I am blessed, truly, and in counting my blessings, want to say something (however inadequate) that acknowledges the happiness I have from being with this man in this lifetime.

Saturday, February 28, 2009

Pu'uhonua for Mahuwahine and Transgender Youth

In my "other life" as a Sexologist and Hypnotherapist, I have begun working with women in the Mahuwahine community. This is new work, and I cannot claim to know or understand everything yet (or ever!), but I am finding this to be a truly wonderful way of offering kokua (caring). I do long distance hypnotherapy, counseling and in some cases, ho'oponopono.
I've always had a soft place in my heart for transgender people, dating back to my own teen years -- friends I had, people I knew -- but now that I find myself the mother of a transgender teenager (one who is transitioning from female to male), this work with Mahuwahine gives me added satisfaction and happiness. If I could, I'd find an island, or build a house, or create something tangible that represented a place of refuge, a "pu'uhonua" for transgender people.
The youngsters have it so hard! Often rejected by family and friends, kicked out of the house, doing sex work... often disproportionately the victim of sexual violence and hate crimes. And all because they simply want to be who they really are.
I also feel, very strongly, the special mana that transgender people have. It makes perfect sense to me that in many Turtle Island nations (i.e. "Native American"), the "two spirit" people were valued for their special, spiritual leadership. In the Pacific, in Oceanic cultures, "two spirit" or "transgender" people were also accepted and valued. Western influences changed this, and brought down laws and repression which marginalized them, with tragic consequences.
It seems to me that because of this American influence in Hawai'i, Mahuwahine and their "Mahukane" counterparts, might now have a ways to go before their leadership is again prized and sought out in the cultural and political movements in Hawai'i. But perhaps I am too distant from the 'aina to know if or how this community is acknowledged, respected and claimed by their activist Kanaka Maoli colleagues in Honolulu and other places.
I just know that my heart is very strongly involved in this work. And I want to do more.