STAND. COM. REP. NO. 1623
Honolulu, Hawaii
, 2001
RE: S.C.R. No. 138
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.C.R. No. 138 entitled:
"SENATE CONCURRENT RESOLUTION REQUESTING THE UNITED STATES GOVERNMENT AND THE UNITED NATIONS TO REVIEW THE ACTIONS TAKEN IN 1959 RELEVANT TO HAWAII'S STATEHOOD,"
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:
(1) Review the actions taken in 1959 relevant to Hawaii's Statehood within the Union of the United States of America, the fact that, in affording the people the opportunity for self-governance, no choices were given for independence or free association, but only for integration within the United States of America; and
(2) Consider the implications for the continuing right of self-determination for the Native Hawaiian people and for the people of Hawaii, as both a matter of domestic law and international law.
The Committee on Hawaiian Affairs received testimony in support of this measure from twelve private citizens. The Hawaiian Political Action Committee of Hawaii testified in opposition to the measure.
On November 23, 1993, the United States Congress adopted and the President of the United States signed Public Law 103-150, delineating and describing the 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.
In 1993, the Legislature enacted Act 354, Session Laws of Hawaii (SLH) 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.
The combination of Public Law 103-150 and Act 354, SLH 1993, strongly infers that the:
(1) Events that brought Hawaii into union with the United States were of questionable legality and morality; and
(2) 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 to make a choice, the choices did not include 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.
Another issue is whether or not the United States Congress acted to fulfill the human rights and fundamental freedoms pursuant to General Assembly Resolution 66 of the United Nations.
Your Committee agrees with the Committee on Hawaiian Affairs 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 Judiciary that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 138 and recommends its adoption.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
|
____________________________ BRIAN KANNO, Chair |
||