VIDEO: Hawaiian Kingdom files protest at United Nations

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Kanaka Council alaka’i says Public Land Development Corporation could be charged with war crimes

HILO, Hawaii: During this recent public land corporation hearing at the Waiakea High School cafeteria in Hilo, Kale Gumapac, alaka’i of the Kanaka Council, revealed some interesting news in the ongoing Hawaiian sovereignty movement.

Gumapac said the Ambassador-at-large and Agent for the acting Government of the Hawaiian Kingdom, Dr. David Keanu Sai, filed a Protest and Demand against the United States of America with the President of the United Nations General Assembly at United Nations headquarters in New York. The charge against the U.S. is prolonged occupation of the Hawaiian Islands since the Spanish American War of 1898.

Gamapac provided Big Island Video News with a media release about the action (below) which happened on Friday afternoon, August 10th.

There are 172 member-States of the United Nations, but the Hawaiian Kingdom is not one of them.

All the named States in the Protest have treaty relations with the Hawaiian Kingdom either as States or as successor States to their predecessor, according to the media release. There are forty-six States and one hundred twenty-seven successor States that have treaty relations with the Hawaiian Kingdom.

The media release asserts that “the United States disguised its occupation of the Hawaiian Kingdom as if a treaty of cession annexed the Hawaiian Islands. There is no treaty. For the past 114 years, the United States of America has committed a serious international wrongful act and deliberately misled the international community that the Hawaiian Islands had been incorporated into the territory of the United States.”

Gumapac pulled no punches when speaking about the ramifications the action could have on matters like the Public Land Development Corporation, a new state agency given the broad power to create partnerships with private entities in order to develope the lands held by the state in trust.

Media Release from Dr. David Keanu Sai, Ph.D.:

Hawaiian Kingdom Protest and Demand filed with United Nations General Assembly against the United States of America and one hundred seventy-two (172) member-States of the United Nations

NEW YORK, 11 August 2012 — On Friday afternoon, August 10, the Ambassador-at-large and Agent for the acting Government of the Hawaiian Kingdom, H.E. Dr. David Keanu Sai, Ph.D., filed with the President of the United Nations General Assembly at United Nations headquarters in New York a Protest and Demand against the United States of America concerning the prolonged occupation of the Hawaiian Islands since the Spanish American War of 1898, and 172 member-States of the United Nations. All the named States in the Protest have treaty relations with the Hawaiian Kingdom either as States or as successor States to their predecessor. There are forty-six (46) States and one hundred twenty-seven (127) successor States that have treaty relations with the Hawaiian Kingdom.

The Protest was received and acknowledged by Dr. Hanifa Mezoui, Ph.D., Special Coordinator, Third Committee and Civil Society, Office of the President of the Sixty-Sixth Session of the General Assembly. The Protest was also received and acknowledged by the Executive Secretary of the G-77 at the United Nations, and the Executive Secretary of the Council of Presidents, a think tank of former Presidents of the United Nations that advise the sitting President of the General Assembly. One hundred twenty (120) of the named States are members of the G-77.

The Protest and Demand was filed with the General Assembly in accordance with Article 35(2) of the United Nations Charter, which provides, “a State which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purpose of the dispute, the obligations of pacific settlement provided in the present Charter.” The Hawaiian Kingdom is a non-Member State of the United Nations.

The Protest and Demand calls upon the United Nations General Assembly:

  • To ensure the United States of America comply with the 1893 Lili‘uokalani assignment & Agreement of restoration, 1899 Hague Convention, IV, the 1949 Geneva Convention, IV, and international law, as hereinafter described;
  • To ensure that the United States of America establishes a military government, to include tribunals, to administer and enforce the civil and penal laws of the Hawaiian Kingdom pursuant to the 1893 Lili‘uokalani assignment and Article 43 of the 1907 Hague Convention, IV, as hereinafter described;
  • To ensure that all member States of the United Nations shall not recognize as lawful the United States of America’s presence and authority within the territory, territorial seas, exclusive economic zone and airspace of the Hawaiian Kingdom, except for its temporary and limited authority vested under the 1893 Lili‘uokalani assignment and Article 43 of the 1907 Hague Convention, IV, as hereinafter described;
  • To ensure full reparation for the injury caused by the serious breach of obligations and internationally wrongful acts in the form of restitution, compensation and satisfaction, whether singly or in combination.

The Ambassador-at-large and Agent for the Protest, Dr. Sai, served as lead Agent for the acting Government of the Hawaiian Kingdom in arbitral proceedings before the Permanent Court of Arbitration, Larsen v. Hawaiian Kingdom, 119 International Law Reports 566 (2001).[1] The Arbitral Tribunal in the Larsen arbitration comprised of Professor James Crawford, SC, Presiding Arbitrator, who at the same time was a member of the United Nations International Law Commission and Special Rapporteur on State Responsibility (1997-2001); Professor Christopher Greenwood, QC, Associate Arbitrator, who now serves as a Judge on the International Court of Justice since February 6, 2009; and Gavan Griffith, QC, Associate Arbitrator, who served as former Solicitor General for Australia. The jurisdictional basis of the Permanent Court of Arbitration in Larsen v. Hawaiian Kingdom was a dispute between a State and a private person. Dr. Sai also served as Agent for the acting Government when a Complaint was filed against the United States of America with the United Nations Security Council on July 5, 2001, under the Presidency of China.[2]

The Hawaiian Kingdom will withdraw States named in the Protest and Demand, with the exception of the United States of America, when these States shall declare, whether individually or collectively, that they will not recognize as lawful the United States of America’s presence and authority within the territory, territorial seas, exclusive economic zone and airspace of the Hawaiian Kingdom according to Article 41(2), Responsibility of States for International Wrongful Acts (2001), except for the United States’ temporary and limited authority vested by virtue of the 1893 Lili‘uokalani assignment, Article 43 of the 1907 Hague Convention, IV, and international law.

The Hawaiian Kingdom achieved the recognition of its independence as a sovereign State on November 28, 1843 by joint proclamation from Great Britain and France and by 1893, the Hawaiian Kingdom maintained over ninety (90) Legations and Consulates throughout the world. The Hawaiian Kingdom has been a Member State of the Universal Postal Union since January 1, 1882, which is currently an agency of the United Nations.

This case arises out of the prolonged and illegal occupation of the entire territory of the Hawaiian Kingdom by the United States of America since the Spanish-American War on August 12, 1898, and the failure on the part of the United States of America to establish a direct system of administering the laws of the Hawaiian Kingdom. There are currently 119 United States military sites throughout the Hawaiian Islands encompassing 230,622 acres of land under the command and control of the United States Pacific Command whose headquarters is situated on the Island of O‘ahu. These military sites have been illegally established within the territory of the Hawaiian Kingdom and have consequently placed the Hawaiian State and its population in grave danger from military attack by foreign States, e.g. Japan’s military attack of United States military sites on the Island of O‘ahu on December 7, 1941, and the threat of missile attacks from China, the Democratic People’s Republic of Korea, and the Russian Federation.

The United States disguised its occupation of the Hawaiian Kingdom as if a treaty of cession annexed the Hawaiian Islands. There is no treaty. For the past 114 years, the United States of America has committed a serious international wrongful act and deliberately misled the international community that the Hawaiian Islands had been incorporated into the territory of the United States. It has unlawfully imposed its internal laws, by Congressional legislation, over Hawaiian territory, which includes its territorial seas, its exclusive economic zone, and its airspace, in violation of its treaties with the Hawaiian Kingdom, the 1907 Hague Convention, IV, the 1949 Geneva Convention, IV, and international law.

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21 Comments

  1. Kealii Makekau said:

    First off only other Nation States can recognized other Nation States so this boast about the U.N recognizing any country namely the Hawaiian Kingdom is totally false, the U.N is a club of Nation States that go over polices that relate to there correspondences between one another. Second this is the second time this individual filed a compliant with the U.N so the fact that the U.N hasn’t responded to the first one sends a clear message that they have no power here and the person is not what he claims to be. Lastly the occupation ended when james blount came and did his investigation on behalf of president grover cleveland and ordered any reminiscence of military involvement off hawaiian land, and no war was ever made, acted on or declared by both Nations.

  2. Anonymous said:

    Kealii no wonder your not in office with OHA just saying uneducated phrases that have no bearing on the United Nation assembly, and the Hague they both are different entities, only educated professionals know this. I say you need to get a Doctrines Degree in political science, then you can speak all you like. You made your self look like a fool, you should listen to Mr. Kumapacs statement he knows what his is saying all facts, and this can be found in the library of congress. Do the research and you will find that OHA is but another entity of the United States and is illegal under the laws of occupation. Learn the correct history knowledge is power.

  3. Kale Gumapac said:

    I am very disappointed Kealii with your negative comments about the work that Dr. Sai has done and continues to do at the U.N. level. You do not have first hand knowledge at the U.N., you are not an expert in the following: international law, U.S.constitutional law, Hawaiian Constitutional Law and political science. Do you have a PhD in any of these disciplines?

    Your lack of knowledge regarding international diplomacy is evident when you call the U.N. a “club” of nation states. You provide more reasons why people should not vote for you as a trustee for OHA because you did not examine what the intent and purpose for the first complaint filed at U.N. The goal was to see if the U.N would accept the complaint from the Kingdom of Hawaii a Sovereign non-member state and the U.N. did accept the complaint. This was right after the World Court of Arbitration at the Hague and recognition by the U.N. needed to be tested but the complaint was not expected to go any further because this was still a learning curve something that you seem to lack. Dr. Sai did this before he entered the University of Hawaii to enroll in the masters program on the way to getting his PhD. Again I ask, do you have a PhD in any of these disciplines?

    Your lack of international law and understanding of history continues to mislead people with wrong information when you say ” occupation ended when james blount came and did his investigation on behalf of president grover cleveland and ordered any reminiscence of military involvement off hawaiian land, and no war was ever made, acted on or declared by both Nations.” It is clear that you don’t understand your history…1. the 2 executive agreements are binding treaties that the U.S. cannot repeal without the consent from both parties…2. Congress subdued Cleveland’s ability to restore the Queen back to her throne by denying the use of troops to take out the insurgents…3. Congress passes resolutions denying the President use of troops to restore Hawaiian Kingdom government and give power back to the queen and warns other countries not help the queen or face war with the U.S …..4. McKinley elected 1897 pro-annexationist president and 2nd attempt of treaty of annexation fails to pass Congress 5. Spanish-American War 1898 6. Congress Passes Resolution to take Hawaii illegally as a war necessity so they can use Hawaii against Spain…..U.S. sends their military into Hawaii to occupy Hawaii (a neutral friendly country)during a time of War with Spain 7. 1900 U.S. passes the Organic Act making Hawaii a Territory of the U.S. and 8. 1959 Passes Statehood Act…..All this on the Hawaiian Kingdom a neutral friendly country and the U.S. laws cannot apply……

    Kealii….I am very disappointed in YOU!…….You would be dangerous as an OHA Trustee!

  4. Kealii Makekau said:

    OMG kale and anonymous after reading this its you who are the disappointment i have always made my points on this and other so called processes regarding the political status of the hawaiian kingdom let alone hawaiis true self known and instead of any refute or discussion you go on the defensive and smear my name and my campaign for OHA. REALLY!!! All i can say is i do speak to keanu from time to time and we do agree on some things and disagree on others but at least hes never behave like one ama crab and brought any down for there beliefs.

    What executive agreements are you referring two, Cleveland’s library and his official documents have nothing on record of any such agreements. George cleveland the presidents grandson is coming to the queens birthday this sunday in part to respond to this absurdity.

    You say i lack knowledge in international law yet you yourself never cite or reference your source or authority for which international law is founded on promoting that one needs a PHD in order to comment on such matters please!

  5. LanaUlulani said:

    Why must some people resort to personally attacking KEALI’I MAKEKAU albeit anonymously. Keali’i Makekau knows international law quite well. I have read his material for nearly 10 years now and he is on point.

    Instead of attacking other Hawaiians why not work on common ground to get things done and for those people attacking Keali’i Makekau… why bother fighting for the Hawaiian Kingdom while you attack a Hawaiian National.

    PLEASE… stop fighting !!!

    Mahalo…

  6. Mo Mi said:

    I actually like all the conversation. I don’t think it is arguing. I think it is all integral to the efforts. People feel compelled to speak and that is a good thing. It is also good that people bring up the good things Keanu has done. I also don’t really think the UN will help us cause currently they are letting horrible things go on all over the world but I think Keanu is following a protocol to restore that which has been ignored..the true history of Hawaii. I think it is very integral we get things out on the table to figure out a better way..but I don’t think they are personal attacks. I think it is part of kukakuka…some of us are blunt, some are more submissive…which will be the ones heard? All conversation is integral to moving forward. Everyone deserves to be heard.

  7. Bronson Kalipi said:

    So, what did we get out of all of this debates? Distractions… Focus on the problems and Ho’oponopono because we all need each other then to degrade any other Kanaka Maoli on our history, the only thing we ALL can agree on is WHAT???? UNITY right….. I don’t buy into programmed thoughts of the American systems and I know to a certain extent we need to get back under international law from the crooks what is rightfully ours, our darn NATION!!!!!!! So if we have a problem, then we need to settle it because the guy who hide behind a word is only adding fuel to a retarded fire… Keep it real because we all one day soon, will live in the same Nation together……..

  8. Bronson Kalipi said:

    If you ask me, you all disappoint me.. Hemo ka Hewa……

  9. Joe Enos Farias, III said:

    Hawaii Aloha Aina is a gathering of people. Hawaii Aloha Aina has created an online: Petition To Redress The State of War Between The Hawaiian Kingdom And The United States of America.

    Hawaii Aloha Aina is determined to collect 10,000 signatures by September 11, 2012 and we could use your help. If you can pay it forward to your family, friends, colleagues and neighbors to sign Hawaii Aloha AIna’s petition that would be very much appreciated.

    To read more about what Hawaii Aloha Aina is determined to do and to sign Hawaii Aloha Aina’s petition, click below:

    http://www.change.org/petitions/petition-for-redress

    It’ll just take a minute!

    Aloha aina no,

    Joe Enos Farias, III
    Hawaii Aloha Aina
    Cell: 808.987.4285
    Mahina Cafe: 808.323.3200
    hawaiialohaaina@gmail.com

  10. Bronson Kalipi said:

    The Kanaka March, we need you and hope for all Kanaka Maoli and Kanaka E to join us in a march where our ancestors had walk and now we are walking so our future generation can live PONO…..

  11. Anonymous said:

    Yes let’s all agree to move with the same heart and mind for our people, IMUA ALOHA AINA.

  12. ProudKanaka said:

    I would like to thank you Mr Gumapac, Mr/Mrs anonymous, etc for feeding into what the usofa wants of us Kanaka Maoli! You have made them proud! Mission completed!!!

  13. Marco Augusto Rivera said:

    It;s about time the Hawaiian Nation regains its lawful rights and Soverignity, in 1898 the US did major land imperial conquest, Philippines, Guam, Cuba, Puerto Rico and Hawaii. JUst like Hawaii, Puerto Rico had gained its “Autonomy” from the Spanish Crown, and in Feb 1898 the Provisional Goverment of the Republic of Puerto Rico was established. In April 1898, election were conducted and the New Goverment of the Republic of Puerto Rico was elected and put into place. Thru an act of deception, the US bomber their ship in he Bay of Havana Cuba, to create a war, looking for an excuse to colonized many countries thruout the world. ALong the same lines and lies they Invaded Puerto Rico and commenced a process of colonization that still remains to date. JUst like in Hawaii, they took all the lands and gave them to their allies (Cronies) to plant sugar and pineapple. Puerto Rico had the largest agricultural economy in the Caribbean of “Frutos Menores”, coffee, tabacoo, and had fought Spain for many years for its freedom. They have kept a long propanganda of misinformation, changing the historical facts in the school system, and charging anyone with terrorist acts if they dare speak up for the independence of their country. They are the terrorist, thieves who take without the regard of the people, the land and the culture they invade, it comes from a country who built itself witht he blood of native americans they almost eliminated completely off the face of the earth. I am Taino/Spanish, and I can relate to the struggle the Hawaiian people have gone thru, I lived in the Island for 25 years, and have 3 children born in Hawaii, one from Hawaiian ancestry, so I have a spiritual connection to the Aina. Like my dear friend Nappu told me long ago, “when the haoles arrived, they came and told us we need to work to make money, we said we didn’t need their money we cultivated and fish so that we could eat, and the rest of the time we spent with our families beng happy and taking care of the land. they responded by telling us, we were lazy, so they went ahead and took our land to bring their system and impose their values on us, disregarding our values and traditions. Now look at them, like they come in airplanes to lay on a beach for weeks and pretend to be “Hawaiians”. What a shame. I am proud to see that the Hawaiian Kingdom and people like Mr. sai and Mr. Gumapac and fighting to educate the people of the thruth, like the saying goes, “speak the thruth, and the thruth will set you free”. Aloha, Malama I ka Aina!

  14. Joe Enos Farias, III said:

    Hawaii Aloha Aina wanted to make you aware about our online: “Petition for Redress of Grievances” in recognition of the Wartime Convention (Queen’s Protest) of January 17, 1893, which suspended hostilities (truce) between the Hawaiian Kingdom and the United States of America.

    The Hawaii Aloha Aina “Petition for Redress of Grievances” in recognition of the Wartime Convention (Queen’s Protest) of January 17, 1893, which suspended hostilities (truce) between the Hawaiian Kingdom and the United States of America may be accessed by clicking on the link below.

    http://www.change.org/petitions/petition-for-redress

    We ask that you pay it forward and send this link to your family and friends and anyone interested in the restoration of peace in the Hawaiian islands. Please feel free to respond to this comment.

    Me Ke Aloha Pumehana,

    Hawaii Aloha Aina

    “The voice of the people… is the voice of God.” (Queen Liliuokalani)

  15. Lono Bray said:

    Remember, the colonizers want to keep us divided,and by doing that they retain power, we have to remember that we all have connection thru our koko. Imua in solidarity,visualize our common goal, as those who preceded us with the kue petitions. Aloha to all who search and strive for justice for our homeland. Lono

  16. Keoki Puaoi said:

    Aloha Mau Ke Akua, Aloha Mau to our Ancestor’s, Aloha Mau to our Parents, Aloha Mau Ke Akua who art in heaven, we are here today to ask you for your Blessing and your Kokua. May your U’hane guide us into the new and bright future, and lead us not into temptation but, delivery us from Evil. Amen.

  17. Makakoa a Kuwalupaukamoku said:

    Want to move together with the same heart and the same mind? Then we need to unite under commonalities and not be divided by governmental/political separatism. How many groups/organizations are claiming to be The Kingdom of Hawai’i? It is confusing for our people and the very reason why the occupiers are doing nothing to address the issue. They are just saying “why should we give in to them when they keep themselves divided?” Like crabs in a bucket we all pulling each other down. Everybody think they going somewhere when in reality no one is going anywhere. Speak as a loud unified voice. Ke Akua pu.

  18. 4myohana said:

    Aloha… to me Keanu reminds me of a tree… from the mid 90s till today… this tree is still giving fruit and it seems to be getting larger… those early days i didn’t know our history… and this one tree in the forest… had documentation of our pass as well as an idea of looking into the future… as 4myohana… my son was 9 when i found this kumulaau… today my moopuna is 7… i will teach her our pass so she too will know our future… mahalo ke akua 4 Dr David Keanu Sai and his ohana as well as all the ohana under this shady tree… our Nation… long live the Hawaiian Kingdom… Onipaa

  19. Trinidad A. Williams said:

    One day about 2 years ago, in support of a friend active with the Thomas Square de Occupy movement in Honolulu, I happened on the article-column on Conklin / David K. Sai … very interested in gaps in Hawaiian History invoked my search to make contact with Sai, sending an email to the UofH with no response. Now less than a month, through the PLDC movement I have finally located Sai and what hes’ into-about! I cannot imagine the audacity of anyone disputing Dr. Sai’s personal pursuit to acquire the professional credentials’ to add credence to his comprehension of political science in the highly specialized arena-field of Hawaii History! So necessary to arm himself with the data-facts to wage for restitution for Hawaii paying abeyance to protocol by utilizing the global backdrop of the United Nations ~ against the United States. It takes’ single minded focus with a methodical plan of offense to accomplish! I give my full support to Dr. David Keanu Sai in his commendable pathway to free Hawaii … I trust his intentions.

  20. brian daniel naa'uao nae'ole said:

    Mai kai ahi ahi aloha kane waihine na i ona palaina kaniela nae’ole naau’ao i come as a lienal decesendant to ali nae’ole who portected kamehameha the great from ali alapi nui kauau a mahi who wanted to kill this new born child Today I come of this koko who is alive and well We also make no miss take. This is only on my kane konohiki side and the wahine side come from imi lono kane and wahine piena from auahi maui and down to kiwiopala son of alapi nui a kauau a mahi nui who still rule as the nigth marchers and secsseor with ruth keillikolani and victory kamamalu who today is this ones koko. I also been working with the state of hawaii and the department of land and nature resources. I also wanted your take on what would whole more authority if unmark iwi can not be idenfiny but your ohana comes from this area many years ago back to the 9 AD until today that whole my furture forever

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