:: TOPIC -- Effective Government :: Aloha mai kākou, Ive presented, twice, the topic of Hawaiis status under international law at the William S. Richardson Law School. This is going to be a very very short version focusing specifically on effective government. :: Ka Wā Ma Mua -- The Hawaiian State and its Government The Hawaiian State (known as the Hawaiian Kingdom) was established under a constitution in 1840 and was internationally recognized beginning in 1843. From 1840-1893, the Hawaiian State existed without dispute and its territory without competing claims. On January 16, 1893, the government of the Hawaiian State was overthrown by 13 men with the support of over 300 U.S. marines. The U.S. violated international law by disrupting the territorial integrity of the Hawaiian State and again by recognizing the Provisional Government established by the overthrowers. In her letter to the British consul, Queen Liliuokalani specifically identified the ineffectiveness of the Provisional Government and the lack of support from the populace. Despite numerous protests, the U.S. did not right its wrong -- it simply left the Hawaiian people waiting for an answer, an answer that would eventually take the form of a U.S. claim over the Hawaiian islands and its people. As a result of the intervening circumstances in 1893 (overthrow), the status of the Hawaiian State is an issue and its continuity must undoubtedly be proven if the State is to exist today. The overthrow was illegal, however, revolutions do occur and new regimes are often given legitimacy. Was this the case with the Hawaiian State? Was the Republic of Hawaii a legitimate government? I say NO and I have a legal analysis for my answer (but Ill save that for another time). What should be understood here, is the difference between State and Government. In 1893, the Hawaiian Kingdom government was overthrown, but the State was not extinguished. Governments can change, but a change does not necessarily mean a change in State. States may also continue to exist without a government -- however,for how long? And what are the circumstances that may extinguish a State in the absence of a government? :: Ka Wā Ma Hope -- Hawaiian State Continuity and Effective Government In law school, they tell you not to use words like believe because its indicative of an emotion and not an objective fact. What they dont tell you is that law itself is held together with belief and if everyone no longer believed in the legal system, then its fiction would quickly dissipate. The Hawaiian State continues to exist so long as you believe youre a part of it -- for the people are a necessary element of a States existence. And if the people are a necessity then their unified control, their government, is also a necessity. We dont have a government. However, the Hawaiian people (nationals of the Hawaiian State) have the right to create a government. Creating a government is perhaps the most difficult issue the Hawaiian people will face. The government must be effective and it must also exercise a degree of control over the territory. Not only are these the standards under international law, but it should be the standards set forth by the Hawaiian people. Whats a degree of control? There is no definitive answer. What is effective? Effectiveness is the most important criterion of a State. Its the ability of the government to provide for its people, to address their concerns, to care for the territory, and to exercise the capacity to enter into good relations with the rest of the world. An effective government isnt a dozen or so self-proclaimed monarchs vying for fealty; it isnt a handful of social organizations with self-appointed officials acting on behalf of the entire populace. An effective government is one that is created by the unified effort of the people, with consent and approval, through a democratic process, and with proper representation. Being a Hawaiian will require most of us to live a double life. In one life, we work to survive in conflict with U.S. control because we have no other choice. In the other life, we participate in Hawaiian State affairs and if need be, volunteer to regain control through government. In order to exercise a degree of control, a Hawaiian government must exercise control -- as I imagine, the busiest duty will be the protection of Hawaiian nationals against U.S. law, which requires legal/political support and even a police force. How many Hawaiians are being incarcerated? How many Hawaiians are being evicted from their homes? These issues happen all the time and these are some of the issues that an effective government must address. I would like to emphasize that an effective government isnt something that gets pieced together over night or for that matter in a few months. It may very well take years and it must be done in a very specific way that follows international law. I have yet to hear of a proposed solution that does. :: Hawaiian National Summit I propose that a series of annual Hawaiian National summits be organized with the purpose of conceptualizing and then realizing the intricacies of a Hawaiian State. Prior to the first summit, there need be the establishment of a committee to oversee the details of each summit in addition to keeping a record of the process and publishing the material for public review, commentary, and feedback. Ultimately, arising from these summits should be a constitutional convention and the establishment of a government to administrate Hawaiian affairs. If this seems like an arduous and unreasonable endeavor, then I suppose you have your answer with regard to Hawaiis status under international law -- because this is what its going to take. If 13 men can overthrow a government and establish their own. What can we do, with more than 13 people?
Posted on: Sat, 29 Nov 2014 02:41:27 +0000
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