RESOLUTION

WHEREAS, Hawaii has a long and distinguished history of protecting and expanding human rights, civil liberties, and constitutional protections, often serving as a beacon for our country's citizens when their rights, liberties, and protections are threatened; and

WHEREAS, Hawaii has one of the most diverse populations in the nation, and the contributions of citizens and non-citizens are vital to its character, harmony, and spirit of aloha; and

WHEREAS, the people of this state are in a unique position to understand the gravity and horror of a massive, lethal attack, as the December 7, 1941, attack on Pearl Harbor was the last time American territory was attacked by foreign forces prior to the events of September 11, 2001; and

WHEREAS, numerous American citizens from Hawaii have served in the Armed Forces of the United States with courage and honor, including the 442nd Regimental Combat Team, the most decorated unit for its size in American military history; and

WHEREAS, Hawaii has many sites, including the National Military Cemetery at Punchbowl and the U.S.S. Arizona Memorial, that memorialize the gratitude felt by the state and the nation for the supreme sacrifice made by those in the Armed Forces who have died in battle to protect our cherished rights, liberties, and protections; and

WHEREAS, after the tragic events of September 11, 2001, hasty reaction led to the adoption of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act) and the Homeland Security Act of 2002, and the promulgation of several executive orders and departmental rules and regulations that have led the federal government to sacrifice fundamental human rights and civil liberties that are guaranteed by the constitutions of Hawaii and the United States; the United Nations Charter; the International Covenant on Civil and Political Rights; the International Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; and the International Convention on the Elimination of All Forms of Racial Discrimination; which require the United States to promote human rights for all persons; and

WHEREAS, in 2003, this Legislature, by Senate Concurrent Resolution No. 18, urged the Hawaii Congressional delegation to work to repeal any sections of the USA Patriot Act or recent

executive orders that limit or violate fundamental rights and liberties protected by the constitutions of Hawaii and the United States; and

WHEREAS, along with Hawaii, as of February 22, 2005, more than 370 governing political bodies, comprised of three other states and hundreds of cities, municipalities, and towns in the United States, have affirmatively adopted official positions in opposition to or questioning the broad scope of the USA Patriot Act; and

WHEREAS, actions taken by the federal government through the USA Patriot Act, Homeland Security Act, and certain executive orders and departmental rules and regulations pose a threat to the human rights, civil liberties, and constitutional protections of the residents of this state and run a very serious risk of destroying freedom, security, and prosperity in a misguided attempt to save them; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the Legislature of the State of Hawaii remains firmly committed to the protection of the human rights, civil liberties, and constitutional protections of all people residing within this state, including those who are citizens of other nations, and affirms its commitment to embody the true spirit of democracy, and to embrace and defend the rights, liberties, and protections now under siege and make them equally viable for all -- regardless of citizenship status, gender, sexual orientation, racial identification, religious affiliation, age, or country of origin; and

BE IT FURTHER RESOLVED that President Bush and his administration are urged to change their position on the USA Patriot Act and authority to withhold fundamental rights of detainees; and

BE IT FURTHER RESOLVED that President Bush and his administration are urged to cease any activities the aim of which is to make permanent those provisions of the USA Patriot Act that are scheduled to expire on December 31, 2005, as specified in section 224 therein; and

BE IT FURTHER RESOLVED that federal, state, and county law enforcement officials acting within the state are requested to work in accordance with the policies of the respective police departments and in cooperation with those departments, and not engage in law enforcement activities that threaten the human rights, civil liberties, and constitutional protections of Hawaii residents; and

BE IT FURTHER RESOLVED that the Legislature requests the Hawaii Congressional delegation to monitor the implementation of the USA Patriot Act, Homeland Security Act, and the executive orders and federal departmental rules and regulations cited herein, and actively work for the repeal of those Acts and the withdrawal of those executive orders and federal departmental rules and regulations that violate human rights and civil liberties stated in the constitutions of Hawaii and the United States; the United Nations Charter; the International Covenant on Civil and Political Rights; the International Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; and the International Convention on the Elimination of All Forms of Racial Discrimination; and

BE IT FURTHER RESOLVED that, without limitation to the preceding paragraph, the Legislature requests in particular that the Hawaii Congressional delegation seek to repeal section 213 of the USA Patriot Act, relating to a lowered threshold for the issuance of search warrants in order to undertake "sneak and peek" searches; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the United States, the United States Attorney General, the Director of Homeland Security, the Director of the Federal Bureau of Investigation, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of Hawaii's Congressional delegation, the Governor, the State Attorney General, the United States Attorney for the District of Hawaii, and the Mayors, Prosecuting Attorneys, and Police Chiefs of Hawaii County, Kauai County, Maui County, and the City and County of Honolulu.

Report Title:

USA Patriot Act; Human Rights; Civil Liberties