DOCUMENT: UNHAWAI.TXT This document has been submitted by: Kekula P. Bray-Crawford Executive Assistant to the Head of State Advisor on Foreign Affairs Independent Nation State of Hawaii Puuhonua O Waimanalo Post Office Box 80 Waimanalo, Oahu, Hawaii hawaii.nation@tdp.org Phone: (808) 259-5049 FAX: (808) 259-9542 RESOLUTION Regarding the Situation in Hawai'i: The Right of Self-Determination and Independence Submitted to the United Nations Commission of Human Rights Subcommittee on the Prevention of Discrimination and the Protection of Minorities Working Group on Indigenous Populations and Peoples July 1994 a. Having heard and reviewed numerous documents concerning the situation in Hawai'i with regards to the Native Hawaiian (Kanaka Maoli) people, their history, current status and circumstances, as well as their concerns for the future; b. Noting the right to possess, control, direct and administer their own recognized territories is a fundamental condition for the political, economic, social, educational and cultural existence of all peoples; c. Convinced that the Native Hawaiian (Kanaka Maoli) people of the Archipelago of Hawai'i have inherent rights of sovereignty and independence, as well as the legitimate authority to control their own destiny based on their right of self-determination, as recognized by numerous Resolutions, Declarations, Conventions and International Instruments of the United Nations Organizations; d. Having closely examined the international instruments of Human Rights and Fundamental Freedoms; e. Reaffirming that one of the main purposes of the United Nations, as proclaimed in the Charter of the United Nations, is to achieve international cooperation in promoting and encouraging respect for human rights and for fundamental freedoms; f. Noting the provisions of Article 27 of the International Covenant on Civil and Political Rights; g. Recalling Resolution 47/82 of the General Assembly, Forty-Seventh session, 89th plenary meeting of 16th December 1992, on the importance of the universal realization of the right of peoples to self-determination and of the speedy granting of independence to colonial countries and peoples for the effective guarantee and observance of human rights; h. Recalling this Resolution and its emphasis on the importance of the implementation of the Declaration on the Granting of Independence to Colonial Countries and peoples contained in resolution 1514 (XV) of 14 December 1960; i. Reaffirming the necessity for the effective guarantee and observance of human rights, and the universal realization of the right of peoples to self-determination, enshrined in the Charter of the United Nations and embodied in the International Covenants on Human Rights as realized in its Resolution 47/83, 16 December 1992; j. Recognizing the right to development as a human right envisaged in its Resolution 47/123 18 December 1992; k. Aware of the United Nations' responsibilities for the promotion and encouragement of human rights and fundamental freedoms for all, and having resolved to keep a close watch of human rights violations wherever they occur; l. Recalling resolution 47/23 and all previous resolutions on the implementation of the Granting of Independence to Colonial Countries and Peoples, and its support for the struggle of peoples under colonial rule to exercise their right of self-determination and independence; m. Recognizing that the Native Hawaiian (Kanaka Maoli) people were recognized as an independent Nation, and had numerous treaties with various nations of the world, including with the United States of America; n. Recognizing that the United States illegally overthrew and later annexed the Native Hawaiian (Kanaka Maoli) nation, in violation of international customary and treaty law; o. Recognizing that the United Nations and the world community condemns actions of force and aggression, including that of illegally annexing foreign territory by the use of force; p. Recognizing the Native Hawaiian (Kanaka Maoli) people are therefore entitled to restitution and to restore the status quo ante, as required by international norms; The United Nations Sub-Commission, and its Commission of Human Rights: 1. Declares that the Native Hawaiian (Kanaka Maoli) people are entitled to restitution as a matter of international law, and are entitled to restore the Independence and Inherent Sovereignty as provided by law, by considering United States Public Law 103-150, and all other relevant information submitted to the United Nations; 2. Considers that the United States has conceded as a matter of international law, and as a matter of U.S. Constitutional and domestic law, its violations of international treaties and the customary law of nations, in their participation of the illegal overthrow and annexation of the legitimate government of the Native Hawaiian (Kanaka Maoli) people; 3. Affirms the right of the Native Hawaiian (Kanaka Maoli) people to restore their Independent Sovereign Nation-State and calls upon all States of the Organization of the United Nations, pursuant to Article 56 of the Charter of the United Nations, to pledge themselves to take joint and separate action in cooperation with the United Nations for the immediate fulfillment of the purposes as set forth in Article 55, in support of the right of the Native Hawaiian (Kanaka Maoli) people to restitution and self-determination, based on the principles embodied in international law and all other relevant instruments; 4. Requests urgently that the Secretary General of the United Nations address these issues to the proper United States authorities to establish and utilize appropriate international mechanisms for the immediate restoration of the Native Hawaiian (Kanaka Maoli) people to their right of independence in a manner and form of their own choosing; 5. Requests that all Nations who had treaties of Recognition with Hawai'i, as required under international law (erga omnes), aid in the Restoration process by negotiation and reinstatement of treaties which were unlawfully and unilaterally abrogated by the United States of America; 6. Requests the United Nations to immediately investigate the situation in joint concert with the Independent and Sovereign Nation-State of Hawai'i and provide mechanisms for assisting development of the inalienable political, economic, social and cultural rights of the Native Hawaiian (Kanaka Maoli) people; 7. Declares that all peoples of the world should express solidarity with the Native Hawaiian (Kanaka Maoli) people in their struggle for restoring their independence. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :: -= THE FOURTH WORLD DOCUMENTATION PROJECT =- :: :: A service provided by :: :: The Center For World Indigenous Studies :: :: www.cwis.org :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Originating at the Center for World Indigenous Studies, Olympia, Washington USA www.cwis.org © 1999 Center for World Indigenous Studies (All Rights Reserved. References up to 500 words must be referenced to the Center for World Indigenous Studies and/or the Author Copyright Policy Material appearing in the Fourth World Documentation Project Archive is accepted on the basis that the material is the original, unoccupied work of the author or authors. 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