Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Hawaiian Affairs, to which was referred S.C.R. No. 138 entitled:

begs leave to report as follows:

The purpose of this measure is to request that the United States government and the United Nations, as parties to the Charter of the United Nations:

Testimony in support of the measure was received from twelve private citizens. The Hawaiian Political Action Committee of Hawaii testified in opposition to the measure.

Your Committee finds that on November 23, 1993, the United States Congress adopted and the President of the United States signed Public Law 103-150, thereby confessing to a list of events violating the rights of self-determination to the Hawaiian Kingdom and apologizing to the Native Hawaiian People for the complicity of the United States in such events which resulted in the overthrow of the Hawaiian Kingdom.

Also in 1993, the Legislature enacted Act 354, Session Laws of Hawaii 1993, acknowledging the actions of the United States were illegal and immoral, and pledging its continued support to the native Hawaiian community by appropriating funds for the development of programs and curriculum to educate the general public about Hawaiian sovereignty through a purchase of service contract with Hui Na'auao.

Partly through this educational process, it has become more and more apparent that the events that brought Hawaii into union with the United States were of questionable legality and morality. It has also been made clear that the standards of international law and the obligations of the United States under the Charter of the United Nations had not been fully complied with at the time the 1959 vote on Hawaii's statehood was taken.

In 1959, when the Statehood Vote was put to the people of Hawaii, the choices given to the people did not include choices for independence from or free association with the United States of America. The only option provided was to accept or reject integration into the United States, in the form of a State of the Union, or as a territory of the United States.

When the United States Congress acted upon Hawaii's election to become part of the United States, a serious question was raised as to whether or not that act was consistent with the fulfillment of the human rights and fundamental freedoms pursuant to General Assembly Resolution 66 of the United Nations.

Your Committee believes that these fundamental questions should be answered if the process of self-determination for the Native Hawaiian people is to move forward in a cogent manner.

As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 138 and recommends that it be referred to the Committee on Judiciary.