Hawaii National Transitional Authority: Reclaiming Hawaiian Sovereignty from Colonial USA
TRANSCEND MEMBERS, 27 Feb 2017
Pōkā Laenui – TRANSCEND Media Service
Meeting Notes & Thoughts[i]
The subject of these notes is of the recent meeting on 17 February 2017 in Honolulu. This meeting discussion used effectively the time for brief introductions, a general introduction of the purpose and direction of the HNTA, and a broad, general and sometimes specific discussion of programs and projects under the expansive umbrella to be created thru the HNTA.
On the Nature of the Hawaii National Transitional Authority
The Hawaii National Transitional Authority (HNTA) shall be an unincorporated- freely associated entity with the aim of assisting in the transition of Hawaii from its current state or condition under the rule of the United States of America (including its subsidiary creation of the State of Hawaii, its various county governments, its agencies and administrative/executive bodies) to its liberation as an independent nation-state. This freely associated entity is an exercise in the fundamental right of associating among ourselves without the need to expose ourselves to the prejudices, pains and penalties because of our belief – i.e., that the Hawaiian nation will arise, and as it does, it should be a healthy, humane, clean, prosperous, intelligent, respectful and responsible place for us and our future generations to live. HNTA does not claim to be or to represent the new Hawaiian nation. Rather, it is a facilitator for the nation to achieve its liberation in a rational, humane way with minimal injury to the people involved in this transition.
We also recognize that our cause is not shared only among those who are personally aligned with Hawaiian liberation, but shared among people of many different national affiliations who can also appreciate the struggle for human rights and fundamental freedoms of all people. We welcome their support as well and hope to provide a conduit for their assistance to the cause of our Hawaiian liberation.
We believe that our goals may be achieved through patience and reason as opposed to a resort to arms and other forms of physical violence. However, we also believe that we must be steadfast in our demands for our human rights and assertive in our rejection of the incursion or continued denial of such rights. We cannot remain idle while the violence against our human rights are denied.
Members and Supporters
We believe that it is not necessary, under our present circumstance, to create a formality which will expose ourselves or hamper our work in aiding in this transition, recognizing that under present conditions, there are prejudices against us who carry this sense of allegiance to our Hawaiian people and nation. Among us are people working both within and without the current U.S. systems. There are those of us (perhaps all of us) under the scrutiny of the various U.S. governmental agencies who are not necessarily trustworthy, ranging from foreign taxing authorities to enforcement agencies under a slew of alphabetical acronyms, as well as employers, social acquaintances, business associates, civic organizations, schools and university campuses, etc. Therefore, we recognize the need and the right of some of our associates to keep their alignment with our cause “under wraps.”
On the other hand, we also have people who have openly identified themselves as Hawaiian Nationals, whose loyalty and allegiance is unquestionably toward the Hawaiian nation. Many of these associates are either not so clearly under the scrutiny of others or are willing to be more open or blatant with their feelings, and so, have a clearer “field” to expose and practice their sense of independence. Such are people ready to be identified, to have their names ascribed as members of this transitional authority.
We believe that all our associates are to be valued and that we need to operate in a way respectful of those able to expose themselves and those not yet so fortunate. Mindful of this obligation, we need to keep our operations open to both types of associates, while not being so open as to expose any of our members to the scrutiny of those with nefarious purposes against such members. A certain degree of secrecy will therefore be maintained in terms of our operation, while our programs and projects should be open and welcoming of all. Support which may come from foreign or alien countries will also be accepted and such support will also be maintained in secrecy.
On the Nature of the Board of Trustees
From this “amorphous” body of members and associates, we shall strike a Board of Trustees, acting in trust of one another and of this transitional authority, to give guidance and direction to the authority. This board, from previous consultations as we organized over the past year, had amounted to approximately two dozen individuals who have expressed not only an interest in, and support for the authority’s formation, but also asserted a willingness to serve as a fellow trustee on its board. Pōkā Laenui who has been central to the development of this authority has not called this board to a meeting as there have been other areas of development needing to be flushed out and given “body” to the authority. Having had the recent meeting on February 17, 2017, Pōkā will communicate with those who have expressed a commitment to serve on the Board of Trustees and determine their continued commitment and ability to carry forward the responsibility of a trustee.
On Bridging the Divide
In organizing this transitional authority, one of the major concerns was the state of affairs by which a serious schism seems to have developed, on one side identified as the Independence advocates, and on the other side the Integrationist or Federal Recognition advocates, over the matter of Hawaiian sovereignty. The split between these two views have become so serious at times that it has broken apart friendships, marriages and families, and civic organizations. A mood of intolerance has befallen large groups of people with one or the other side insisting being “right” in their view, insisting therefore that the other side is “wrong!” As this split persist, and perhaps without appreciating what is happening, we find our Hawaiian nation losing its essential strength. A house divided against itself cannot stand. We fail to appreciate that the current condition of colonization (some prefer “occupation”) has created a state of helter-skelter, circumstances which challenge our dignities as Hawaiian nationals having to live within the indignities forced upon us through the take-over and continued presence of the United States and its subsidiaries. Without fully appreciating our own and other’s circumstances, we too quickly judge and condemn others for not coming to the identical conclusions and call to actions to which we answer.
On one side, there are some of us who live more “independent” lives, not having to answer or report to any governmental organization or agency or employer or boss, or if we do, know how to avoid the prosecution or persecution of others. We have found methods of survival alongside our expressions of independence from the United States.
On the other side, there are those who face circumstances where, in their judgment, they are unable to reject their housing entitlements such as living on land under the Hawaiian Homestead program, or cannot face the possibility of imprisonment for failure to file or pay taxes to the U.S. government entities, or can only have themselves or their children educated through the assisted funding which comes from a governmental agency, or can only retain their employment through a concession that they are U.S. citizens, or maintain a particular position only if they swear allegiance to the United States of America. The circumstances which people face are often the greater influence in one’s behavior than their underlying belief.
The Hawaii National Transitional Authority shall help to build the nation, to create those bridges of understanding and cooperation among all of us as we build this nation. We shall respect the right of each person to determine their own timing and action and way they express their Hawaiian allegiance. That building is to be done not by the pontificating over what we believe is correct, but by putting into practice such bridges of understanding and by working to bring about the changing and the strengthening of Hawaii to become that independent nation.
On Working All Aspects of the Hawaiian Nation
One important aspect of a nation is its governmental form. We have heard and have participated in many discussions and debate over the Hawaiian nation’s government, its leadership, its membership, its source of authority, its legitimate constitution, etc. But a nation is far more than just its government. A nation is the heart of its people, the relationship that its people has with the natural and spiritual environment, the ways of the people in its respect for diversity in lifestyles and belief systems, the forms of education, how it works and produces goods and services, how it treats and protects its lands and waters, how it raises and protects its children, how it protects itself, how it operates an economic system, how it selects and practices its deep culture, how it protects, preserves and promotes development of its art and culture forms, how it maintains its continuity of consciousness, etc.
We recognize that there are many institutions already existing, many which have persisted from the Hawaiian Constitutional Monarchy. It is not our purpose to destroy or eliminate such institutions, recognizing that there are important functions they perform, and that such institutions, perhaps with appropriate alterations, will be necessary in the independent Hawaii. We will probably need a system of civil and criminal laws and methods by which such laws are rendered. We will continue to need systems of education, health, control over oceans and natural resources, etc. The Hawaii National Transitional Authority seeks to develop programs around those multitude of life practices and the building of the nation, considering what institutions and practices must be retained, preserved, or redirected as we move to our liberation.
On the Structure and Operations of the HNTA
The day to day operation of the HNTA shall be under the direction of an Executive Director who shall form a staff to operate an administrative, a domestic (or internal nation-building) and an international (or external nation-building) division. The Executive Director shall report to the Board of Trustees consisting of 15 members who shall serve terms of four years, except for the first slate of trustees whose terms shall be divided ½ to serve 2 years and the rest 4 years. The members of the Board shall be selected from the general membership and associates of the HNTA. It is currently difficult to give concrete rules of the selection process and the identification of the membership and associates. In the theme of “making the road by walking it,” the organization shall resolve these specific questions when we come to them upon the further development of its structure. It shall begin with individuals who have already been invited to and agreed to serve as trustees.
Staffing and Expenses
Pōkā Laenui, who has been the principle instigator of this transitional authority, shall perform the initial role as the Executive Director. There are currently no funds of the organization and therefore, no positions shall be paid or funds reimbursed for expenses incurred. All positions shall be on a volunteer and/or internship basis. Due to the non-incorporated and “amorphous” formation of the organization, fund-raising will pose a certain degree of difficulty. We will work with other not-for-profit organizations which may receive funds on behalf of the HNTA and use such funds for the organization’s support, either directly covering expenses of the HNTA to the extent that such use of funds does not contradict the organizational purpose of the receiving organization. One such organization is the Hawaiian National Broadcast Corporation (HNBC), a not-for-profit entity engaged in bringing information and news to the public and to especially its Native Hawaiian audience. It can receive funds from contributors and have such contributions treated as tax-deductible gifts by the contributor. It can than support the costs, expenses, and salaries or stipends of individuals who perform work which can be used also by the HNBC, such as research, travel, information gathering, and distribution of information via a variety of methods, including radio, T.V., video productions, social media, etc. We will identify other willing organizations who may act as such supporters to HNTA.
The HNTA itself may be a recipient of funds directly. However, it will not be able to extend any form of taxing shelter or deferment for the contributor as it is not registered under the U.S. Internal Revenue Services as a not-for-profit organization.
Possible Financing Methods
Contributions can be made to organizations in the form of regular contributions, as lump-sum contributions, or as legacies through estate planning and transfer via trusts or will. Some people may even select to contribute what they would normally pay as taxes to the government as a reassignment of such funds to HNTA directly or via a support organization. Among the staff that will be needed will be individual(s) responsible for the raising of such funds as well as appropriate personnel to handle the financial management of the organization, including budgeting, accounting, and cost control over its operations.
Staffing and Administrative Division
Staffing for the administrative aspect of the organization would also include a personnel and property manager, as the organization, over time, is expected to have numerous individuals performing various aspects of the organizational work. Clear lines of demarcation, responsibilities, and chain of communication will need to be established, personnel policies developed, schedule of work, place of work, and the maintenance of safety, security and confidentiality of property and people to be considered. Under such a person will also include future selection and retention of individuals under a fair and even-handed process of non-discrimination. Administrative staffing should also include someone able to develop systems of operations such as the effective and timely internal communications among the various departments, projects, and research information as well as a system of maintaining public websites and social media contacts to assure information flow to members and associates. Under such a person would fall responsibility of a newsletter for general consumption.
Internal Division
Two other divisions of the organization will be developed, each specifically charged with areas of responsibilities and each needing appropriate personnel to support them. One is the division addressing the more local business of governance and operations, addressing areas of concerns currently touched upon by the State of Hawai`i and the various county governments. This division would undertake a reasonable method of transitioning the financing of our Hawaiian National (herein Hawaii) government in an orderly fashion, including switching the jurisdictional exercise by the U.S. (including State of Hawaii) to jurisdiction under the Hawaii government. Such a switch should address encouraging the U.S. government to refrain from prosecution of Hawaiian nationals for violating the U.S. taxing laws. This division may also consider other methods of raising revenues for the Hawaii government, including control and maintenance of travel visas into Hawaii, forms of airport departure taxes, and fair returns on the past and current use of Hawaii government and crown lands which now fall under the broader term of “ceded lands” and used by the U.S. military for various activities. Demands for payment of back rent and for current use could also be fashioned and served upon Federal agencies for use of areas such as the Federal Courts and other office uses of primary Hawaiian lands, including the U.S. Coast Guard and the Immigration and Customs Enforcement office, and any other Federal use of lands along the Honolulu waterfront.
There will be a need to transition our monetary and banking system, our foreign trade arrangements, shipping in and out of Hawaii (and eliminating the application of the Federal Jones Act which results in sky-rocketing prices in Hawaii), as well as U.S.A. military presence and activities in Hawaii. The many responsibilities undertaken by the State will also have to be addressed, including the transfer of the Department of Education, Department of Health, Department of Planning, Bureau of Conveyances, the police and other “enforcement” organizations, the various judicial arms of government, and much more. As we make these transfers, we need to do so carefully with the mind of not destroying such systems but in converting such systems to become part of the Hawaii Nation. We would look to many of our members and associates who are already working within such systems or institutions to assist in such conversion, either clandestinely or expressly, as their situation allows.
Many serious questions must be addressed as we uncouple with the United States of America. Among them are transfer of benefits paid in for Social Security, Retirement programs, recognition of education credits, existing contracts between Hawaii and U.S.A. businesses, military shutdowns and uptakes for military associated jobs and businesses, transfer of Hawaii prisoners held in Federal institutions and of U.S.A. prisoners held in Hawaii jails and prisons, transfer of civil, criminal and admiralty jurisdictions over Hawaii domestic affairs, U.S.A. Federal affairs, and international affairs, adoption or transfer of the applicability of laws and how they are to be applied, development of a judiciary and of all of the governmental functions of the Hawaii government.
International Division
Those matters generally located outside of Hawai`i shall be considered by the external or international. However, the U.S. Federal government stands between these two divisions, having important impact upon our lives directly here in Hawai`i, while it is also active in the international arena. The International Relations division will address our mail systems, tourism and international trade (including trade with all of America), treaties and conventions, participation in international bodies, embassies and consulates, ocean governance beyond the Hawaiian territorial limits, membership in the United Nations, etc. This division will be researching various questions of Hawaii’s international rights as well as Hawaiian nationals’ rights and privileges under the various sources of international and U.S. Federal laws. It will oversee the travels and representations of representatives of the transitional authority, keep records and reports of such travels and of such representations made in international forums, and aid in the travel expenses of such representatives. It will have an education and outreach aspect to teach the community of fundamental principles of international law as well as some specific application for asserting rights of liberation in such arenas.
Personnel Needs
Each division will require personnel properly trained and attending to special areas of work. Initially, such personnel will be filled by volunteers. Over time, there will be a need for greater specialization as each of these areas of work will require such experience and training. It will also require funding to meet the costs.
Immediate Programs
The meeting reviewed some of the projects or programs to be accomplished soon include a series of television programs on Hawaiian Sovereignty and the work of the HNTA as we roll out our program. We also will begin working on an internet web site as well as an email address and other forms of communication via social media. One of our associates will begin developing ideas on the upcoming expiration of the “lease” to the U.S. Military of Makua/Kahanahaiki Valley for military training and its return to civilian use, and another idea is to begin the school of liberation (or freedom school) and beginning a course on the history of Hawaii’s colonization and the process of decolonization, as well as courses on the international relations of Hawaii and the impact activities at international arenas to our movement toward liberation.
Conclusion
Questions of who will be engaged and be subject to such transitions, who will constitute the citizenry of the Hawaiian Nation, and what will be the place of the Native Hawaiian people in the Hawaiian nation will all have to be addressed. A clear demarcation of what constitutes the territorial extent of Hawaii, what lands are legitimately U.S.A. owned lands, the distinction between Crown lands, Government lands and private lands in Hawaii, and the need to distinguish between land ownership and national jurisdiction are further areas for exploration.
The Hawaii National Transitional Authority can give us the field upon which we can move with care and with as little damage or injury as possible as these shifts occur.
Lost in the discussion of Hawaiian sovereignty is a discussion of the bridging from the existing “powers that be” to the Hawaiian nation. This discussion will be never ending unless we begin to construct that bridge, give it authority through the grass-roots recognition of its legitimacy and good works, and begin negotiating the terms for the transfer of authority. This HNTA must be bold, visionary, inclusive, and fearless and carry the full weight and responsibility of liberation of Hawaii. We understand that we don’t have all the answers yet. We understand that developing the answer will be a process as we move in the direction of our liberation from the current colonial condition in which we now operate. We make the road by walking it. The answers will come.
Notes and opinions are the expressions of Poka Laenui, Wai`anae, Hawaii February 21, 2017. For further information or contact, please communicate with him at plaenui@hawaiianperspectives.org. Volunteers are welcome.
Aloha `āina
NOTE:
[i] This was the fourth organizational meeting of the transitional authority following the adjournment of the Na`i Aupuni gathering of approximately 150 Native Hawaiian individuals from various perspectives of Hawaiian sovereignty who met for 20 working days in February, 2016. The initial thoughts about a transitional authority arose as the public campaign for delegate positions to the Na`i Aupuni Aha were on-going. I introduced the concern that what was needed to move the Hawaiian Sovereignty discussion forward was a new framework, not one which continued the controversy of posing the choice for Hawaiians between a sovereign and independent Hawaiian Nation as opposed to a U.S. Federally recognized autonomous band, tribe, people or “nation” of Native Hawaiians within the framework of the United States of America. That new framework needed to change the dialogue from one of “either this OR that” to “this AND that”. Elements of this idea continued into the Aha itself, including the more specific discussion of creating a transitional body which could participate in taking all sides of the debate to eventual Hawaiian independence together. In a separate article, I have written more specifically on the subject of the Na`i Aupuni Aha, but I point out in this note, the earlier development of the transitional authority for historical positioning of the present meeting which shall be the starting point of these notes.
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Pōkā Laenui is the host of Hawaiian Potpourri, KWAI 1080 AM, http://www.kwai1080am.com; Saturdays 4-6 p.m. and Sundays 7-9 a.m. www.hawaiianperspectives.org. Poka is a founding member of the TRANSCEND Network and lives in Hawai’i. He is the latest chairperson of the Native Hawaiian Convention, an elected body of native Hawaiians to fashion models of Hawaiian sovereignty to propose to the native Hawaiian constituents. This convention has been de-funded by the State of Hawaii and its domestic entity, the Office of Hawaiian Affairs while the convention was considering a proposal for a model of independence from the United States of America. His email is plaenui@hawaiianperspectives.org.
This article originally appeared on Transcend Media Service (TMS) on 27 Feb 2017.
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