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The coat of arms of the King of Hawai'i, as seen on the gates of 'Iolani Palace. - Photo: Blaine Fergerstrom |
Tyranny and iwi exposed
Ka'ānani'au Land Code still protects our iwi and is
a natural resources system that is endangered
by the U.S. illegal occupation and exploiters of it
By Alika Poe Silva
Aloha nō, 'ohana, remember when our kūpuna visualized practice and taught us that the natural resources system and earth is based on sharing and true love and care! And it is symbolized in the form of a Ka'ānani'au (land use code and marker). Also, the value of sharing was signified by 360 Ka'ānani'au surrounding the piko of O'ahu, (Kūkaniloko). Championed by the Kaua'i, O'ahu, Moloka'i, Maui and Hawai'i Island people.
First, 'ohana is this U.S. pilikia, those in the occupying state trying to grab Hawaiian Kingdom land. And, their claim is that they have clear and absolute title to our royal lands or, as they call it, ceded lands. And, they want the U.S. Supreme Court to validate this claim so that they can dispose of these lands to save their terminally ill monetary system. They believe they can take other people's and nation's property and resources, but they condemn others when they do the same. What a double standard; what egregious hypocrisy!
These violators have concocted the same traditional masquerade of asserting no illegal occupation, no cultural genocide, and yet they want political amnesty for all their actions! The basis for the Apology Resolution (AR) was historical recognition that acknowledged the U.S. involvement in the overthrow of our sovereign nation and the subsequent illegal occupation of the Hawaiian Kingdom. They now claim the AR clouds their state's rights to sell or transfer these so-called ceded lands. And by doing so, Lingle's current assertion has no justifications in international law – no moral, rational or historical basis. Only by ignoring the history of our treaties and the illegal military occupation can the U.S. assert its prejudicial conspiracy and egregious claims. (Lingle is merely a pawn of a monetary system that exploits natural resources and human rights of smaller nations.)
In 1898 the Newlands Resolution was "concocted to obviate any need to ratify a treaty" (Judge Heen, Trustee of OHA). 'Ohana, if the United States of America is bound to its constitution, freedom and International Law, the lands of the Hawaiian Kingdom could only be annexed by mutual treaties. Otherwise, it's an act of war and a violation of our treaties recognizing the sovereignty of the Hawaiian Kingdom and guaranteeing that sovereignty's protection under International Law. The Akaka Bill will not resolve the hypocrisy and irony of ignoring history.
Ka'ānani'au is a natural resources system that can both honor individual labor and share resources within the family, clan or community. These individual and community property rights are protected under Article 56 and others of The Hague Convention (hawaiiankingdom.org). What is important about these 'ohana and community property rights is that they include various uses of and access to our natural resources. The vital Ka'ānani'au property right was that of the 'ohana iwi (burial rights). The philosophical basis under which this system evolved and by which it was maintained was Kanenuiakea. This was the religion of the kupuka'aina, the original people of Wai'anae and Ka'ānani'au and Wahipana practitioners.
Note: the one undisputed property right that survived from the Ka'ānani'au property rights system was 'ohana iwi burial rights. "The rule of kings and chiefs and their land agents might change, but the burial rights of families survived on their lands." [Ruling Chiefs of Hawai'i, p. 376.] 'Ohana 'Onipa'a, Aloha 'āina and come together now to protect this right!
Ahupua'a was a tribute system designed to heighten the power of chiefs and kings. It shifted property rights, both individual and collective, to the Ali'i, Kings and chiefs – eventually to monarchs – and finally to the Constitutional Hawaiian Kingdom. Note: the one undisputed property right that survived from the Ka'ānani'au natural resources property rights system was 'ohana iwi burial rights.
The American System is a monetary system that has evolved in all its complexity of a monetary economic instrument and property laws. History has judged these monetary systems of scarcity as short life spans of destruction and abuse!
Note: Most important, the one undisputed property right that survived from the Ka'ānani'au property rights system was 'ohana iwi burial rights! This right was never abrogated under the American system. This is an undisputed right, 'ohana. We should go to International Court to keep it!
U.S. Prolonged Military Occupation of the Hawaiian Kingdom State by force since 1893. American politicians and courts have egregiously claimed legal superiority over Hawaiian Sovereignty. Oppressive cultures (by illegal military occupation, monetary systems and those who are exploiters of it) "always" spread the myth that they have superiority and control over those they hold in bondage and tyranny. The human race and relationships of nations have suffered for generations, and when American leaders use concoctions designed to cover up treaties, discrimination and international law violations, it results further in cultural genocide, a war crime against humanity.
Remember 'ohana, always keep your spirit of Aloha, and that our Ka'ānani'au property rights preceded the notion of the ruler holding the property for the community in the concept of Ahupua'a. And the important thing to remember is that the older Ka'ānani'au property rights system was protected by King Kamehameha and his younger brother, Keali'imaikai'i, in Wai'anae after the failed invasion of Kaua'i and never compromised or abrogated by the Constitution of the Hawaiian Kingdom or by any act of the U.S. 'Onipa'a 'ohana, I'o lako, come together and kōkua, protect this right in International Court – for our keiki and those yet to come!
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