(In)Significance of Hawaiian Kingdom Independence Day vs. Republic of Hawaii International Recognition

by Kenneth R. Conklin, Ph.D., Thanksgiving 2021
Giving thanks that the Hawaiian monarchy was overthrown and the successor Republic of Hawaii was internationally recognized as the rightful government (therefore authorized under international law to speak for the nation of Hawaii and to offer the Treaty of Annexation to the United States).

Once again this year Hawaiian secessionists are celebrating Ka La Ku’oko’a, the Independence Day holiday of the bygone Kingdom of Hawaii. It’s their way to claim that Hawaii remains an independent nation, and to seek to restore actual independence through political action in Hawaii, in the U.S., and in the United Nations.

Let’s see what all the fuss is about.

November 28 was an annual holiday of the Kingdom of Hawaii called La Ku’oko’a, which means Independence Day. It commemorated the date in 1843 when a diplomat from France and a diplomat from Britain signed a document pledging to each other that neither France nor Britain would take possession of the Hawaiian islands, because the islands had their own government capable of handling their own relations with other nations. Two identical copies of the agreement were written in side-by-side English and French; and each diplomat took one of them.

The agreement happened because a team of three men were authorized by King Kauikeaouli Kamehameha III to speak on behalf of Hawaii to government officials in France and Britain to seek recognition of Hawaii’s sovereign independence. The three men were the American missionary William Richards, age 50, one of the King’s closest advisors who composed the Kingdom’s first Constitution which the King had signed earlier in 1843; Sir George Simpson, age 56, Scottish/Quebec businessman and colonial Governor of the Hudson Bay Company of fur traders; and Timoteo Ha’alilio, a 35-year-old native Hawaiian ali’i who served as the King’s secretary.

The agreement says, in its entirety: “Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the French, taking into consideration the existence in the Sandwich Islands of a government capable of providing for the regularity of its relations with foreign nations, have thought it right to engage, reciprocally, to consider the Sandwich Islands as an Independent State, and never to take possession, neither directly or under the title of Protectorate, or under any other form, of any part of the territory of which they are composed.”

This agreement was a mutual non-aggression pact between Britain and France where they promised to each other that neither one of them would try to take over Hawaii. It was not a treaty with Hawaii, was not addressed to Hawaii, was not signed by Hawaii, and was written only in English and French but not in Hawaiian. It was only Britain and France talking with each other ABOUT Hawaii, and was signed only by one low-level diplomat from France and one from Britain.

In 1893, after the monarchy had been overthrown, the temporary revolutionary Provisional Government of Hawaii was given de facto (temporary) recognition within two days by the local consuls of all the nations which had consulates in Honolulu, until such time as a permanent government of Hawaii could be created and could then receive de jure (full-fledged) recognition from their home governments. When the permanent Republic of Hawaii was created through a Constitutional Convention and election of President and Legislature, then during the next several months letters in 11 languages were received in Honolulu, directly addressed to President Sanford Dole, personally signed by Emperors, Kings, Queens, and Presidents of at least 19 nations on 4 continents officially recognizing the Republic as the rightful successor government of the still-independent nation of Hawaii. Photos of those letters, and some accompanying English translations of them and accompanying diplomatic letters and envelopes, are at
https://tinyurl.com/gmdtgmy

As always happens when a nation’s government changes, whether by monarchial inheritance or by election or by revolution, the successor government’s legitimacy and right to speak for the nation replaces the authority of the previous government; and is confirmed under international law by the formal diplomatic recognition given to it by the heads of the other nations in the family of nations. Thus the Republic of Hawaii had the right to offer the Treaty of Annexation to the United States, including the provisions that ceded Hawaii’s public lands to be held in trust for Hawaii’s people by the U.S. and provisions that nullified previous treaties that had been made by the Kingdom with other nations.

Hawaiian sovereignty activists like to imagine that the Kingdom of Hawaii remains alive today as the rightful government, ignoring the revolution of 1893. They revive the celebration of the independence day holiday of the Kingdom period as a way of asserting their imaginary continuing independence and demanding future secession and reparations from the United States. They tout the signatures of two low-level diplomats from Britain and France, talking only in their own languages and only to each other while not addressed to anyone in Hawaii, as though that non-aggression pact is somehow as powerful as the letters of formal diplomatic recognition in eleven languages addressed directly to Republic of Hawaii President Sanford Dole by Emperors, Kings, Queens and Presidents of at least 19 nations on four continents.

If you see news reports about Hawaiian Independence Day, and you want to write a comment in a place that does not allow internet links, include these two lines:
Copy/paste the following line into Google:
letters recognize Republic Hawaii

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Mauna Kea Sacredness: Debunking the Assertion

Mauna Kea Sacredness: Debunking the assertion of religious sacredness as a cynical ploy by activists seeking race-based political power and money for racially exclusionary government handouts.

by Kenneth R. Conklin, Ph.D.

During Summer and Fall 2021 there were several calls for supporters of the Thirty-Meter Telescope project on Mauna Kea to submit testimony to various institutions in Hawaii and mainland USA. Following is a consolidated version of Ken Conklin’s testimony, also intended for future use. Permission is hereby granted to anyone who wishes to use it in part or in whole, provided that the URL and Conklin’s name must be cited.


———–

Aloha. I am Kenneth R. Conklin, Ph.D., retired professor of Philosophy. I have lived in Hawaii permanently since 1992, speak Hawaiian with moderate fluency, and have developed considerable expertise in Hawaiian history, Hawaiian culture, and especially the Hawaiian sovereignty movement. My testimony about Mauna Kea focuses mostly on debunking the disrespectful assertion of religious sacredness as a cynical ploy by activists seeking race-based political power and money for racially exclusionary government handouts.

1. Activists seeking political power are (ab)using Mauna Kea as a pawn in their political game. They illegally block the access road, literally holding the summit as a hostage. They hope to either secede from the USA and re-establish Hawaii as an independent nation, or else obtain federal recognition for a phony Hawaiian tribe. The state government agency Office of Hawaiian Affairs demands megabucks in “rent” [bribe] for the telescope campus — money to be spent on racially exclusionary projects. Both varieties of activists want to control access to the telescope campus and the summit, and the kinds of activities permitted there, so they can force visitors to comply with cultural/religious protocols and listen to propaganda about Hawaii’s history. If you decision-makers withhold funding or political support for the telescopes, of if you cater to activist demands for control over visitors, including activist requirements for visitor orientation and protocol, you thereby enroll as their accomplices.

2. Extremely few people truly believe Mauna Kea is “sacred” in a religious sense. Everyone appreciates the beauty and majesty of Mauna Kea. The activists regard it as “sacred” in the sense that controlling it is essential to their political and financial success, in the same way as a football quarterback is sacred to the team, or teenagers’ weekly allowances are sacred to them. By using the word “sacred” they expect that the warm-hearted and generous people of Hawaii will step back in awe and give deference to what is falsely portrayed as their religion. The activists have a long history of claiming that every square inch of land in Hawaii is “sacred” because of a beautiful creation legend that they twist to say that anyone with even one drop of Hawaiian native blood is genealogically a child of the gods and a sibling to the land in a way nobody else can ever be who lacks a drop of the magic blood. Every location is “sacred” because chiefs, gods, or plants/animals who are body-forms of the gods lived there or did actions there. In bygone centuries Hawaiian natives buried family members or fallen warriors in shoreline sand dunes, back yards, or under their houses; thus ancient bones are found everywhere. Nowadays if a single bone is found at a construction site the whole project must be halted until a committee decides whether to spend lots of money to ceremonially protect and rebury it in place and leave a vacant perimeter around it, or whether to move it somewhere nearby. Claims of places or bones being sacred are asserted everywhere, thereby giving the activists a race-based permanent property-rights easement on all the lands of Hawaii, along with political power, and basis to demand compensation. Today’s activists have been known to bury some human bones or erect small structures either to claim that they are ancient artifacts or to claim that the Hawaiian religion is alive and therefore the artifacts newly created by its practitioners must be treated as sacred.

3. The ancient Hawaiian religion with centuries of tenure was permanently abolished in 1819, the year before the first Christian missionaries arrived. It was abolished by the four top political and spiritual leaders of the Kingdom in a public display in front of perhaps a thousand important people. They broke an major taboo whose violation normally carried the death penalty, and then gave a short speech proclaiming that the old religion was now overthrown, and ordering the destruction of all the stone temples and burning of the idols throughout all of Hawaii. The four leaders were the young King Liholiho Kamehameha II, his biological mother Keopuolani (sacred wife of Kamehameha The Great) who had the highest mana (spiritual power) in Hawaii, his regent (co-ruler) stepmother Ka’ahumanu (“favorite” wife of Kamehameha The Great among more than 20 official wives and numerous unofficial concubines), and Kahuna Nui (High Priest) Hewahewa. These leaders freely exercised self-determination on behalf of the entire nation. Soon thereafter came a short civil war. High chief Kekuaokalani, to whom Kamehameha The Great had entrusted the war god Ku, and his army, fought to preserve the old religion but were slaughtered in the Battle of Kuamo’o. Some ethnic Hawaiians today seek to revive the old religion as a political power-seeking ploy, thereby disrespecting the freely-chosen self-determination of their ancestors, and also disrespecting the Christianity practiced by most ethnic Hawaiians today. Many ethnic Hawaiians today claim to embrace both Christianity and the ancient religion, and pray or chant to the god(s) of both. There are even a few left-leaning Christian pastors who tell their flocks it’s OK to embrace both; but the Protestant missionaries of the 19th Century and the Catholic hierarchy of today reject such syncretism. One thing that makes Kauikeaouli Kamehameha III famous among historians was his gut-wrenching public vacillation between the two religions: He dearly loved his younger sister Nahi’ena’ena (same pair of parents) and made a baby with her (especially for love and also for politically-expected genealogical enhancement of mana in the royal family) even while periodically repenting and trying to be a good Christian when the missionaries warned him.

4. An essay drafted by 7 Native Hawaiian leaders in July, 2021 is entitled “The Historical Context for Sacredness, Title, and Decision Making in Hawai‘i: Implications for TMT on Maunakea.” It points out that the ancient Hawaiian religion and its gods had no objection to using areas near the summit of Mauna Kea for commercial and industrial purposes which included living and working there, digging into the ground to quarry rocks for sale or barter, and leaving their trash behind. It is not “Wao Akua” (the realm of the gods where ordinary people are not allowed to live or work). “Archaeological evidence demonstrates that, while the kapu system was in effect, Hawaiians utilized Maunakea as a valuable resource for industrial activities for over 500 years until the time of western contact. Hawaiians excavated the upper slopes of Maunakea for stone of exceptional quality to make tools. As described by Hawaiian cultural practitioner and master navigator Kalepa Baybayan during the TMT contested case hearing, “[t]hey … shaped the environment by quarrying rock, left behind evidence of their work, and took materials off the mountain to serve their communities, within the presence and with full consent of their gods.” This adze quarry complex covers an area over 900 times the size of the permitted TMT site, which itself is small compared to the entire astronomy precinct”

5. Hawaii is multiracial, with many different religions. No individual race or religion should be allowed to dictate to everyone else what will be the decisions of the government. The Constitution, First Amendment, says there shall be no “establishment of religion” by the government, meaning that government must not adopt any particular set of religious beliefs as the primary basis for making decisions that affect all people of all different religions. That Amendment allows “free exercise” of religion by any religion, so long as it doesn’t force itself on anyone who is not an adherent of it. It would be both legally and morally wrong for any government agency to award custody of Mauna Kea to any racial group or to adopt decisions or regulations establishing the ancient Hawaiian religion as the primary authority. The Constitution of the State of Hawaii, Article XII, Section 7 declares that the State “reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua‘a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights.” Subsequent court decisions have ruled that those rights extend to ethnic Hawaiians beyond the borders of any particular ahupua’a, and apply to shoreline access and gathering of certain plants for subsistence and cultural practices. To avoid imposing racial exclusivity, all such rights should be allowed to every resident of Hawaii. We would thereby ensure that all Native Hawaiians would be protected as required by the Constitution, while also manifesting the Aloha Spirit and the value “ho’okipa” as we avoid racial supremacy or exclusivity.

In conclusion: The thirty-meter telescope project will bring jobs and economic development sorely needed in Hawaii. Objections based on culture or religion are unacceptable both legally and morally. Mauna Kea is indeed a sacred place — not only for Native Hawaiians, not only for all the people of Hawaii, but for the entire human race. It will help us explore and understand our origins and the beauty of the cosmos. It will bring us knowledge to guide our descendants as they navigate among the stars, just as ancient Hawaiians used the stars to navigate across the ocean.


See also:

On September 27, 2018 Ken Conklin submitted testimony regarding proposed rules for Public and Commercial Activities on Mauna Kea Lands. A short summary of the testimony lists 4 fundamental principles of unity and equality, two conclusions, and topics of specific rules that are analyzed. The summary is at
https://tinyurl.com/yccvmtwy
The complete 18 page testimony is at
https://tinyurl.com/y8vse4k2

Compilation of newspaper articles from 1999 to 2003 describing the importance of astronomical discoveries on Mauna Kea, opposition to Mauna Kea astronomy from Hawaiian sovereignty activists, and OHA’s attempts to extort money and political power
https://tinyurl.com/y9t2jcr9

Ken Conklin testimony March 11, 2002 to Hawaii Department of Land and Natural Resources: How the telescope campus on Mauna Kea serves the spiritual essence of this sacred place in accord with Hawaiian creation legend.
https://tinyurl.com/y7vkmf66

Ken Conklin testimony January 12, 2004 NASA EIS scoping hearing: How the telescope campus on Mauna Kea serves the spiritual essence of this sacred place in accord with Hawaiian creation legend; why testimony from Hawaiian sovereignty activists should be discounted in view of their motives.
https://tinyurl.com/4fhkx

On May 21, 2015 Honolulu Star-Advertiser published a major commentary I authored: “Protesters use claims of sacredness for political agendas” Full text of the commentary, plus greatly expanded analysis, is available on my webpage “Mauna Kea 2015: Sacred Place; Political Pawn; Profane Demagoguery; Recreational Activism” at
http://tinyurl.com/omjuj3p
See item 8 in that webpage for the newspaper commentary.

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Critical Race Theory Hawaiian-Style

A Peculiar Ideological Combination Alleges Actual Native Hawaiian Victimhood; Asserts Native Hawaiian Inherent Racial Supremacy; Expresses Anti-U.S. and Anti-White Hostility; and Demands Asians in Hawaii to Ally with Native Hawaiians in the Interest of Social Justice.

by Kenneth R. Conklin, Ph.D.

WEBPAGE:
https://tinyurl.com/5dud777e

SUMMARY

In the Hawaii version of critical race theory it’s not Blacks but ethnic Hawaiians claiming greatest victimhood and demanding greatest reparations. Aside from historical grievances and demands for reparations, Hawaiians use a twisted version of a beautiful ancient creation legend to assert a blood-and-soil theology to justify claims of a fascist right to racial supremacy in culture and personal stature; and a right to race-nationalist political power. An anthropological theory of racial memory passed down genetically through generations, provides a basis for claiming authenticity of reinvented ancient knowledge and skills. Ethnic Hawaiians are portrayed as having genetically inherited racial supremacy, which surely must cause feelings of moral indebtedness and loss of self-esteem in the minds of children lacking Hawaiian blood who are taught these beliefs in the mandatory “Hawaiian Studies” components of the tax-supported schools as well as in the private schools.

As on the mainland, Whites in Hawaii are stereotyped as evil villains and colonial oppressors. Even if individual Whites have no personal history of racial misconduct nor harboring racist attitudes, they allegedly have ingrained “privilege” because the whiteness of their skin allegedly ensures that they have always been treated with deference. Like on the mainland, every White person allegedly has “implicit bias” against all other groups and especially ethnic Hawaiians — the more a “haole” denies it, the more probing and therapy must be administered to bring it out into the open. Extensive training will be required to intimidate White people to confess racism; to recognize their own implicit bias; and how to adjust their personal and political behavior to compensate for this incurable disease.

Critical race theory regards Asians in Hawaii, like Asians on the mainland, as being quasi-White. They are stereotyped as “bananas”: yellow on the outside but white on the inside. On the mainland Asians are a minority small enough to be ignored, but in Hawaii they are the majority. Hawaiian activists say Asians, including multi-generation locally born and raised Asians, are foreign settlers whose hard work and silent submissive assimilation make them accessories to, and facilitators of, White oppression of Hawaiians. Hawaiian race-partisans demand that Asians (and Whites who feel “Hawaiian at heart”) expiate the guilt they might not know they have, and step forward as allies to throw off the yoke of White oppression by becoming submissive to Hawaiians instead of to Whites. Asians (and Whites who want to be allies to Hawaiians) should listen and learn; stay in the background; offer advice in private but never try to set policy or assert leadership; give labor and money to rebuild and maintain taro patches, fishponds, and historic sites; serve food at political rallies; etc. Some ethnic Hawaiian organizations (including proposed or alleged sovereign nations) reflect this attitude in their governing bylaws or Constitutions: people with no Hawaiian native blood are welcome to join, attend meetings, and contribute money or labor; but all [pejoratively-labeled] “non-Hawaiians” are either relegated to second-class status where they cannot vote or hold office, or else the organizations’ bylaws require that a majority of the board of directors and public spokespeople must be ethnic Hawaiians (for example the statewide politically active Hawaiian Civic Clubs and formerly huge Ka Lahui [literal Hawaiian translation of La Raza]; and even the small friendly local Kailua environmental group ‘Ahahui Malama i ka Lokahi).

TABLE OF CONTENTS

WHAT IS CRITICAL RACE THEORY IN MAINLAND USA?

HOW MAINLAND-STYLE CRITICAL RACE THEORY IS MERGING INTO THE HOMEGROWN HAWAIIAN VERSION

NATIVE HAWAIIANS CLAIM TO BE THE WORST VICTIMS OF NEARLY ALL MEDICAL DISEASES AND SOCIAL DYSFUNCTIONS. THEY HAVE BEEN REMARKABLY SUCCESSFUL IN DESIGNING “STUDIES” AND TWISTING DATA TO SUPPORT THEIR CLAIMS AND IN PRODUCING PROPAGANDA CELEBRATING THEIR VICTIMHOOD.

NATIVE HAWAIIAN ASSERTION OF RACIAL SUPREMACY IN PERSONAL SPIRITUALITY, CULTURAL WISDOM, POLITICAL ENTITLEMENT, AND PUBLIC SCHOOLS: THEOLOGY, RACIAL MEMORY, MANA, MAGIC BLOOD

ASIAN SETTLER COLONIALISM

THE LARGE ETHNIC GROUPS IN HAWAII HAVE HISTORICAL GRIEVANCES AGAINST THE U.S. AND THEREFORE AGAINST WHITES.
How ethnic-group historical grievances can be used to poison Hawaii’s multiracial solidarity
Hawaii ethnic population statistics
Ethnic Hawaiian historical grievances
Ethnic Filipino historical grievances
Ethnic Japanese historical grievances

WEBPAGE:
https://tinyurl.com/5dud777e

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Ethnic Hawaiians as a racial group do NOT own our public lands. Extending long-term leases is OK


HB499 HD2 SD2 CD1 is a bill passed by both chambers of the Hawaii legislature after many committee hearings and amendments, and was sent to the Governor on April 28, 2021.

RELATING TO LEASE EXTENSIONS ON PUBLIC LAND.
Report Title: Public Lands; Lease Extension; Development Agreement
Description: Authorizes the board of land and natural resources to extend certain leases of public lands for commercial, industrial, resort, mixed-use, or government use upon approval of a proposed development agreement to make substantial improvements to the existing improvements. (CD1)

The bill is controversial, as can be seen by the numerous NAY votes in both chambers. Full text of the final bill, and all versions of the bill as amended along the way, and the committee reports and list of who voted which way in each committee, and files of all the testimony from each hearing, can be found at
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=499&year=2021

Hawaiian sovereignty activists staged protest rallies and launched a letter-writing campaign asking Governor Ige to veto the bill. The activists assert that Hawaii’s public lands, ceded to the U.S. at annexation in 1898 and returned to Hawaii at Statehood in 1959, are stolen crown and government lands from the Kingdom of Hawaii which, they say, rightfully belong to Native Hawaiians; and extending commercial leases to as long as 99 years unjustly delays the return of those lands to the Native Hawaiians. The Governor has until June 21 to notify the legislature if he is considering a veto of this bill; otherwise the bill will become law whether or not he signs it. If he notifies the legislature that he is considering a veto, then he has until July 6 to actually veto it or sign it or else it will become law without his signature. If he vetoes the bill, the record of NAY votes in the legislature indicates it is unlikely that the legislature could muster enough votes for the super-majority needed to override a veto.

On May 29 Kenneth Conklin, Executive Director of the Center for Hawaiian Sovereignty Studies, sent Governor Ige a message urging him not to veto HB499, and to either sign the bill or let it become law without his signature. Dr. Conklin argued that the public lands never belonged to Native Hawaiians as a group. He provided a summary of the history related to those lands, including a 20-year-long litigation record ending with a 2009 decision by the U.S. Supreme Court which ruled unanimously, 9-0, that the public lands belong to the State of Hawaii in fee simple absolute, can be sold without needing permission from Native Hawaiians, and that the 1993 apology resolution is merely a resolution of sentiment with no legal force or effect regarding the public lands. Dr. Conklin’s message can be seen here.

To: David Ige, Governor, State of Hawaii
Re: Please do NOT veto HB499 RELATING TO LEASE EXTENSIONS ON PUBLIC LAND
Date: May 29, 2021

Aloha Governor Ige,

Please do NOT veto HB499. Please either sign it or allow it to become law without your signature.

In recent weeks the usual loudmouthed Hawaiian sovereignty activists have held rallies and engaged in a letter writing campaign trying to persuade you to veto HB499. They FALSLY say that Native Hawaiians are the rightful owners of Hawaii’s ceded lands, and that those lands should be “returned” to Native Hawaiians, and that lengthening the term of commercial leases delays or blocks the eventual “return” of these lands to “the rightful owners.” The Honolulu newspaper has repeatedly published lengthy propaganda articles in collaboration with the outside pressure group “Pro Publica” asserting falsehoods about the history of land ownership in Hawaii.

Native Hawaiians as a group never owned the public lands, nor any portion of them. At first Kamehameha The Great personally owned all the lands in Hawaii by right of conquest. The King owned the land, not native Hawaiians as a group. In 1848 his son Kamehameha3, having inherited the land, began the Mahele process dividing the land into 3 categories: Crown lands which he kept as his personal property; Government lands owned by the government for public purposes on behalf of all the people of Hawaii regardless of race; private lands given in fee simple to individual chiefs with carve-outs for individual commoners for small parcels where they lived or farmed.

Native Hawaiians as a group had no group-ownership of any Crown land, Government land, or private land. King Lota Kamehameha5 mortgaged his Crown Lands to pay gambling debts, and by 1865 the lender was threatening to foreclose for non-payment of principal or interest. The Kingdom legislature therefore passed a law taking ownership of the Crown lands, in return for issuing government bonds to pay off the mortgage; and the King happily signed. Revenue from the Crown lands was given to the King for his expenses in maintaining a lifestyle befitting his role as head-of-state; but otherwise the Crown lands were indistinguishable from the Government lands and the merger was known from then until now as Hawaii’s “public lands.” They belonged collectively to all Hawaii’s people of all races, with no racial set-asides for “Native Hawaiians.”

In 1893 the monarchy was overthrown, and replaced by the Republic of Hawaii in 1894 — the new government took control of the public lands from the former government, as happens after any revolution or election. 1897 the Republic of Hawaii offered a Treaty of Annexation which the U.S. Congress and President agreed to in 1898. As terms of the Treaty specified, Hawaii’s public lands were ceded to the U.S. in return for the U.S. accepting responsibility to pay off the accumulated national debt from the Kingdom and Republic (the monetary value of that debt payoff was larger than the market value of all the public land). The U.S. did not simply “take” the land; it was held in trust for all the people of Hawaii regardless of race, with revenue to be used “for education and other public purposes.” The ceded lands were returned to Hawaii under terms of the Statehood Act of 1959, except for national parks and military bases, with revenue to be used for any one of more of five purposes; and for the first 20 years of Statehood virtually all the ceded land revenue was used for Hawaii’s public schools (including UH) serving all Hawaii’s children regardless of race. Native Hawaiians as a group never owned the public lands, nor any portion of them.

OHA, and a few other groups or individuals, have repeatedly sued the State of Hawaii demanding revenue from the ceded lands, or demanding that the State be prohibited from selling any parcel of ceded lands without permission from Native Hawaiians. Probably the most significant contested case over the ceded lands ran through state agency and court proceedings beginning in 1990, and ended with a U.S. Supreme Court decision in 2009. It concerned the State’s wish to transfer land at Leialii and Laiopua from the State Department of Land and Natural Resources to the State Housing and Community Development Corporation, to develop low-income housing.

When the State of Hawaii tried to sell a parcel of ceded lands there, OHA filed a lawsuit to stop that particular sale and to prohibit the state from any further sales.
On December 5, 2002 Hawaii circuit court judge Sabrina McKenna ruled against OHA, concluding that the State of Hawaii has a right to sell ceded lands.

OHA appealed Judge McKenna’s decision. On January 31, 2008 the Hawaii Supreme Court ruled 5-0 that Judge McKenna was mistaken. The Hawaii Supreme Court ruled that the State of Hawaii is permanently prohibited from selling any ceded lands until such time as a settlement has been reached regarding the claims of Native Hawaiians. That decision was based on the 1993 U.S. apology resolution in which the U.S. “confessed” to helping overthrow the monarchy in 1893, and the U.S. acknowledged that Native Hawaiians have never relinquished their claims to Hawaii lands.

The State of Hawaii filed a petition for certiorari with the U.S. Supreme Court asking it to review and overturn the state Supreme Court decision. Twenty-nine other states shortly thereafter filed an amicus brief supporting Hawaii’s petition for certiorari. On October 1, 2008 the U.S. Supreme Court granted the petition for certiorari. On February 25, 2009 the U.S. Supreme Court heard oral arguments, and on March 31, 2009 ruled unanimously, 9-0, to overturn the Hawaii Supreme Court.

The U.S. Supreme Court ruled that the State of Hawaii owns the ceded lands in fee simple absolute, has the right to sell those lands without needing permission from Native Hawaiians, and that the 1993 U.S. apology resolution is merely a resolution of sentiment which has no legal force or effect on who owns the ceded lands or what procedures must be followed when selling them.

A very large webpage provides links to legal briefs and memos, transcripts of oral arguments and decisions, full text of numerous news reports and commentaries, tracking this case from beginning to end. See
https://bigfiles90.angelfire.com/CededNoSell.html

It is quite ludicrous to hear ethnic Hawaiian activists complaining about extending some leases of public land to a term of 99 years, when DHHL leases are routinely granted for 99 years and are expected to be easily renewed for another 99 years. Indeed, there are some homestead leases whose term is 999 years! (yes, that’s nine hundred ninety-nine years!) Allowing 99-year leases (and especially 999 year leases) exclusively to people who have Hawaiian native blood while denying such leases to people lacking the magic blood would be an example of systemic racism, and would be clearly contrary to the 14th Amendment Equal Protection Clause.

Governor Ige, please do NOT veto HB499. Please sign it, or allow it to become law without your signature.


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TMT Mauna Kea U of Calif Regents Oral Testimony Given on 9/16/20

by Kenneth R. Conklin, Ph.D.

BACKGROUND: Hawaiian sovereignty activists have protested against the University of Hawaii proposal to build a thirty-meter telescope as part of the astronomy campus atop Mauna Kea. One of the major elements of their protest is the claim that Mauna Kea is a sacred place which TMT would desecrate — a claim sincerely believed by some but also asserted falsely for political advantage by many activists who have no religious beliefs or even conflicting beliefs. Several years ago they forcibly blocked the access road to disrupt a blessing ceremony customarily done when beginning a new project. Then in 2019 and 2020 a mob of hundreds of protesters forcibly blocked the access road to prevent construction from beginning, rotating mob members, building permanent tents and other facilities squarely on the road, and placing kupuna (elders) on their front line to dissuade police from enforcing the law. A timid, fearful, politically correct governor and mayor tolerated the year-long blockade until the COVID-19 virus forced everyone to go home.

The TMT project, like other observatories that have operated for decades, is funded by a consortium including universities on the mainland and around the world. The activists have sent their leaders to meet with the regents or boards of directors of some of those institutions to lobby them to withdraw from the project, thus undercutting its financial base. In response the University of California Board of Regents held hearings over the internet with livestreaming, and invited public testimony by telephone (to avoid infection from the COVID-19 virus). Below is Ken Conklin’s time-limited testimony from Wednesday September 16, 2020.


Aloha kakou,

‘O Ken Conklin keia mai ke ahupua’a ‘o He’eia, Ko’olaupoko, O’ahu, Hawaii.

I am Kenneth R. Conklin, Ph.D., a retired professor of Philosophy.
I have lived in Kane’ohe for 28 years, have studied Hawaiian history and the ancient religion in depth, and speak Hawaiian with moderate fluency.

Some ethnic Hawaiians oppose the TMT project because they claim Mauna Kea is a sacred place, and TMT would be a desecration of of it.

Here are three reasons why that claim should be rejected:

1. Most ethnic Hawaiians today are Christians. The real disrespect of ancestors and desecration of the ancient religion comes at the hands of ethnic Hawaiians who today abuse it as a mere pawn in their political chess game. The four primary native Hawaiian leaders, exercising self- determination on behalf of their people, officially abolished their old religion in 1819, when Kamehameha died, the year BEFORE the Christian missionaries arrived. They were King Liholiho Kamehameha II; Keopuolani who was Kamehameha’s sacred wife and mother of the next two Kings; Ka’ahumanu who was Kamehameha’s favorite wife and acted as co-ruler with Liholiho; and Kahuna Nui (High Priest) Hewahewa. They abolished the old religion by publicly violating an important taboo at a large banquet and then ordering the heiaus (stone temples) and wooden idols to be destroyed throughout all the islands. Today’s ethnic Hawaiians are welcome to invent any religion they wish; but cannot claim the old religion remains authoritative.

2. According to the most widely-recognized creation legend from the old religion, the goddess who gave birth to Haloa, the primordial ancestor from whom all ethnic Hawaiians are descended, was Ho’ohokukalani . Her name literally means “She who placed the stars into the heavens.” She gave birth to Haloa on Mauna Kea. Therefore Mauna Kea is exactly the right place where mother goddess Ho’ohokukalani should be worshipped by her descendants. Telescopes are today’s implements whereby Hawaiians today can worship their primordial goddess Mother who placed the stars into the heavens.

3. It would be unconstitutional for any governmental agency, including the Board of Regents, to adopt a religion as the basis for making laws or regulations. The First Amendment to our Constitution commands that there shall be “no law respecting an establishment of religion.” Neither the U.S. nor State of Hawaii nor State of California nor Board of Regents is allowed to elevate the ancient Hawaiian religion, nor any ersatz reinvented version of it, as the authority for making government decisions. No matter how much you may respect the ancient religion, no matter how much you may admire the modern people who reinvent that religion as a basis for their own political activism, you must ignore that religion when setting government policy for the shared use of Mauna Kea by all the people of our multiracial society.

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Unity and Equality — Fundamental Principles to Guide Hawaii’s Future

by Kenneth R. Conklin, Ph.D.

These four civil rights principles should guide Hawaii’s future. They are widely accepted but need stronger application. Good people should stand up publicly to proclaim them, and defend them against radical activists noisily demanding special rights based on race or religion. First I’ll state these simple, clear principles; then explain them.

1. Equality before God: All humans are equal in the eyes of God regardless of race.

2. Equality under the law: Government should treat all people equally under the law regardless of race.

3. Unity with America: Hawaii is the 50th State of the USA, whose laws rightfully have jurisdiction here.

4. Unity of Hawaii: The people and lands of Hawaii should remain unified under the single sovereignty of the State of Hawaii, not divided along racial lines.

1. Those who don’t believe in God, or believe in 400,000 gods, have other ways to say it. “All men [people] are created equal.” Don’t believe in creationism? Natural Law gives every human equal worth and inalienable rights. A beautiful Hawaiian creation legend says the gods mated and gave birth to these islands as living beings. Later the gods mated and gave birth to the first human from whom we all are descended. Thus humans are children of the gods and brothers/sisters to the ‘aina. Unfortunately some activists twist this legend to say only people with Hawaiian blood have this genealogy; therefore ethnic Hawaiians have a god-given right to rule Hawaii. Using religion or race as a basis to demand political power in Hawaii is just as unacceptable as jihad in the Middle East, fascism in Europe, or white nationalism in South Carolina.

2. Equal treatment under the law means there should be no special rights or government entitlement programs for one race preferentially or exclusively. Hawaii has many hundreds of such programs. They are illegal under the 14th Amendment equal protection clause, and morally repugnant as “institutional racism” comparable to Jim Crow laws in the old South. For each program, either open it so all races have access or shut it down. If “Native Hawaiians” are truly the most needy, then they will receive most of the help if help is given based on need alone. Article 12 Section 7 of the Hawaii Constitution grants special rights to Native Hawaiians for “traditional and customary practices” interpreted to include trespassing for shoreline access, religious practices, or gathering certain materials. The pono way to honor that provision while also honoring equality under the law is to extend the traditional and customary rights of Native Hawaiians to all citizens. In the Kingdom those rights were for everyone regardless of race (“hoa’aina” meant “tenant” not “native tenant”; “kanaka” meant race-neutral “person”).

3. The Hawaiian revolution of 1893 was done entirely by local men while 162 U.S. peacekeepers, present for fear of rioting or arson, were never needed. Hawaii remained an independent nation until 1898. The Republic was given full-fledged international recognition as the rightful successor government by Emperors, Kings, Queens, and Presidents of at least 19 nations, including Queen Victoria — all personally signed letters congratulating President Dole. In 1897 the Republic offered a Treaty of Annexation to the U.S., which the U.S. then accepted. Losing Senators complained that ratification by both House and Senate was not correct procedure for a Treaty. But neither Hawaiian secessionists nor U.N. has standing to overrule the method chosen by the sovereign U.S. to make its internal decision to ratify what the Republic of Hawaii offered. Yes we are Americans.

4. What Kamehameha hath joined together, let no politicians rip asunder. The people and lands of Hawaii should remain unified under the single sovereignty of the State of Hawaii, not divided along racial lines — no race-based government federally recognized as an Indian tribe.

* Dr. Conklin has lived in Kane’ohe since 1992. He is a retired professor of Philosophy. His book “Hawaiian Apartheid: Racial Separatism and Ethnic Nationalism in the Aloha State” has multiple copies in library branches and is also available from his website “Hawaiian Sovereignty: Thinking Carefully About It.”

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Conklin rebuttal to Bill Fernandez, “The Temple of Science”

Kenneth R. Conklin, Ph.D.  provides a rebuttal to the following article:
Bill Fernandez, “The Temple of Science,” The Garden Island [Kaua’i newspaper], August 9, 2019, Guest Commentary.
https://www.thegardenisland.com/2019/08/09/opinion/the-temple-of-science/

The Garden Island newspaper editor’s tagline says “Bill Fernandez is a former attorney, judge and mayor, is an author and is a resident of Kapaa.” So Mr. Fernandez is not some crazy sovereignty activist whose ignorance and zealousness cause him to twist history and say outright falsehoods in a manner which an attorney might call “excited utterance.” His essay should be taken seriously, which is exactly how he intends it to be taken. I will provide a point-by-point rebuttal to his numbing litany of grievances. This rebuttal is too detailed (and perhaps boring) to be published in a newspaper. Truth is often boring, so please bear with me.

Bill Fernandez was born and raised on Kaua’i and then went to the mainland [California] for college, where he became a successful lawyer, mayor, and judge. So he is an example of local boy makes good on the mainland, retires, and comes “home” to Kaua’i. See a biography of him published in [surprise!] the same newspaper two months before this essay: “Bill Fernandez honored by Kamehameha Schools Alumni Association” as the honoree of the year and paraded through Waikiki, article in The Garden Island newspaper on June 12, 2019 at
https://www.thegardenisland.com/2019/06/12/hawaii-news/bill-fernandez-honored-by-kamehameha-schools-alumni-association/

Therefore he’s a big fish in a small pond, gets a lot of local respect. The local newspaper will publish whatever he submits to them and has done so for years, even if it is bombastic and filled with falsehoods. And of course it would be “rude” and unacceptable for public relations to publish any aggressive rebuttal, as well as impractical to publish a lengthy and boring one.

First, Conklin’s overall, general, very quick analysis of the motive of Mr. Fernandez. After that, rebuttals are given to specific points in the order they are raised by Mr. Fernandez.

——-

Conklin’s overall, general, very quick reply concerning motive of Mr. Fernandez:

Victimhood is a wonderful asset to have. If you can persuade people that you’re a victim, that gives you the right to seek sympathy, and to demand reparations. Sympathy leads to political power, and reparations lead to wealth. See webpage
“The Hawaiian Grievance Industry — Panhandling for Race-Based Handouts and Political Power” at
http://www.angelfire.com/hi5/bigfiles3/grievanceindustry.html

One of the strange things about politics in Hawai’i is the aggressiveness of racial profiling and racial stereotyping for fun and profit. But surprisingly, in Hawaii the profiling and stereotyping are done by ethnic Hawaiians against ethnic Hawaiians as a racial group! Ethnic Hawaiian leaders love to portray their group as having the worst statistics for cancer, heart disease, drug abuse, incarceration, poverty … the list goes on and on. The idea is to make the general public feel sorry for them and give them political power to manage their own affairs; and to use the data to get government and philanthropic grants for “research studies” whose main purpose is to do more studies to get more data to bolster more grant applications while building a permanent cadre of highly paid bureaucrats and leaders (without actually doing research to find out how the “Hawaiian gene” causes these bad things [there is no real connection and probably no Hawaiian gene] or how to cure the problems biologically). See detailed analysis and examples in webpage
“Native Hawaiian victimhood — malpractice in the gathering and statistical analysis of data allegedly showing disproportionate Native Hawaiian victimhood for disease and social dysfunction. How and why the Hawaiian grievance industry uses bogus statistics to scam government and philanthropic organizations, politicians, and public opinion.” at
http://big11a.angelfire.com/NatHwnVictimhoodStatScam.html
See also webpage
“For Hawaiians Only. Webpages identifying and describing government funded racial entitlement programs providing benefits exclusively to Native Hawaiians using taxpayer dollars from the U.S. and State of Hawaii.” at
http://www.angelfire.com/big11a/ForHawaiiansOnly.html

During the past 20 years Mr. Fernandez occasionally wrote essays supporting the Akaka bill to create a federally recognized Hawaiian tribe as a way of providing legal defense for hundreds of racial entitlement programs, and other essays to support Kamehameha Schools’ racially exclusionary admissions policy. To find some of those items go to the front page of my website at
http://www.angelfire.com/hi2/hawaiiansovereignty/
and use the little internal search engine for these two pairs of keywords (one pair at a time)
Fernandez Akaka
Fernandez Kamehameha

Mr. Fernandez, being a former lawyer and judge, might have some experience with lawyers who sue insurance companies on behalf of clients who suffered minor injuries in a fender-bender. A client’s car might have been rear-ended at a stop light by the car behind him traveling at 2 MPH; client claims whiplash caused severe neck injuries and lawyer sues for a bazillion dollars for medical injuries and “pain and suffering.” Of course the injuries and pain will be grossly inflated, and disabilities with unrelated causes will be ascribed to the fender-bender, in hopes that the damages awarded by the jury will be huge (along with the lawyer’s 1/3 contingency fee).

———

Fernandez: “Suppression of the Hawaiian culture began in 1820 when missionaries arrived and decreed that Hawaiian culture and language, the hula, mele, oli, chants, and songs were immoral, lewd, and pagan.

Conklin: Fernandez should be reminded that the missionaries had no authority to decree anything. They were welcomed by the native chiefs in 1820, AFTER the native leaders had already abolished the old religion in 1819, the year before the missionaries came. Any new laws were “decreed” not by missionaries but by the dictatorial authority of the native kings and chiefs exercising self-determination on behalf of the natives.

The old religion was abolished publicly and decisively by the 4 top leaders of the natives themselves at a huge lu’au that was held soon after the death of Kamehameha The Great to introduce his elder son Liholiho who was now Kamehameha II. The leaders abolished the old religion by publicly breaking the ‘aikapu (men and women must eat separately). These 2 men and 2 women sat down together and ate — a sacrilege punishable by immediate death — and the assembled crowd gasped in horror until a short speech was given.

1. King Liholiho Kamehameha II; the elder son of Kamehameha The Great;

2. Keopuolani, his biological mother, the “sacred wife” of Kamehameha The Great, had the highest spiritual mana in all Hawaii and the kapumoe (anyone nearby must lie face down in the dirt to avoid polluting her mana);

3. Ka’ahumanu his stepmother and favorite wife of Kamehameha The Great, who made a political coup by stepping forward at the lu’au immediately after breaking the ‘aikapu; she stood next to Liholiho and boldly took over the government by announcing “We two shall rule together” and proceeded to be kuhina nui (regent) for both Kamehameha II and Kamehameha III for many years;

4. Hewahewa, the kahuna nui (high priest) of the old religion. By the way, although “hewa” means “sin”, his name instead referred to sacred dancing.

Today’s activists on Mauna Kea and in other political actions disrespect the clear choice of their ancestral leadership by trying to revive the dead religion they killed, and also by using that deeply revered old religion as a mere pawn in today’s political games.

————-

Fernandez: “This suppression continued [from 1820 missionary arrival] until the Hawaiian Renaissance in the 1970s.”

Conklin: Mr. Fernandez conveniently overlooks the fact that the monarchy retained absolute power over lawmaking and administration of justice, until the first Constitution was proclaimed in 1840 creating a legislature and judiciary and giving rights to individuals. Further, the monarchy retained absolute ownership of all Hawaii lands including the right to take back previous land grants on the whim of the King, until the Mahele process began in 1848 to create private fee-simple land ownership. Fernandez overlooks the fact that the monarchy continued until the revolution of 1893 overthrew it. He overlooks the fact that at least 6 native Hawaiians were on the committee that wrote the Constitution of the Republic of Hawaii, and the Speaker of the House was full-blooded native former royalist John Kaulukou. Fernandez overlooks the fact that the first and second Territorial Delegates to the U.S. Congress, elected by public vote of all citizens without racial restriction or property requirements, were Native Hawaiians Robert Wilcox and [former] Crown Prince Jonah Kuhio Kalaniana’ole. He forgets that the Territorial legislature, elected by vote of all citizens, had a majority of Native Hawaiians for three to four decades, until World War 2. John Waihe’e was Governor of Hawaii for 8 years, 1996 – 2004. Native Hawaiian members in the state Senate and House continue to be roughly in proportion to their population, including powerful committee chairmanships and leadership positions. There has been a huge renaissance of Hawaiian culture and language starting in the 1970s and strengthening through now, perhaps most visible in hula [televised Merrie Monarch and Prince Lot annual hula festivals], voyaging canoes [Hokule’a and many others], and song contests [televised annual Kamehameha School]. What suppression is Mr. Fernandez talking about? The only suppression is any shred of objectivity in Fernandez’ mind.

——–

Fernandez: “Hawaiians lost their land to the colonizers.”

Conklin: Whoa! The Government lands of the Kingdom remained under control of the monarch and legislature where natives held the great majority, and the Crown lands remained property of the monarch and then of the Kingdom government for 73 years after the missionaries arrived, until there was no more crown after 1893. That’s 2/3 of Hawaii’s land that was NOT “lost to the colonizers.” The largest private landowner (large in both body and landholdings!) was Princess Ruth Ke’elikolani, who gave her land to Princess Bernice Pauahi Bishop, who gave the combined lands of Ruth and Pauahi to Kamehameha Schools — approximately 10% of all the lands in Hawaii even to this day. Then there are the 203,000 acres set aside for native Hawaiians in the Hawaiian Homes Commission Act of 1920; and other lands such as the entire Kahana Valley on O’ahu. Regarding Kahana Valley and “lost land”: It’s amusing how one activist (Robert Stauffer) wrote a whole book claiming that Kahana Valley fell out of Hawaiian ownership simply because it became owned by Mary Foster, who had “only” 1/4 Hawaiian blood. See my detailed book review
“Kahana: How the Land Was Lost by Robert H. Stauffer. BOOK REVIEW” at
http://www.angelfire.com/hi2/hawaiiansovereignty/staufferkahana.html

———-

Fernandez: “Colonizers also know that suppression of native language is key to subjugating a native people. Look at Hawaii. After the overthrow of the monarchy in 1893, they banned the use of the Hawaiian language (Act 57, section 30 of the 1896 Laws of the Republic of Hawaii). This law led to the suppression of native newspapers unfavorable to the new government, and the end of teaching Hawaiian language in schools.”

Conklin: Judge Fernandez, Your “Honor”, you need to read what the law actually said and learn how it was implemented. You — a lawyer and judge — need to read what the law said! It’s easy to tell a lie and move on; it’s harder to explain the truth. Bear with me. This is a topic where I am an expert witness.

The Hawaiian kingdom had a compulsory school attendance law, which was continued under the Provisional Government, Republic, Territory, and State of Hawaii. Any school attendance law must include a definition of what constitutes a “school.” To make sure parents or factories or taro farms cannot get around the law by establishing sham “schools,” the government defines the minimum requirements that must be met before a “school” is certified as meeting the requirements of the attendance law. Such minimum requirements for facilities, curriculum, and performance review apply to all schools, both government and private. Government certification of schools does not prohibit other schools or academies. For example, Christian churches can operate “Sunday schools” or Buddhist temples can have “Dharma schools” for religious instruction; or ethnic groups can set up after-school or weekend academies to perpetuate a culture and language — the Japanese did that with hundreds of after-school academies throughout the 1900s and continuing now.

Following the revolution of 1893, the Republic of Hawai’i passed a law more than three years later, in 1896, specifying that English must be the language of instruction in any school receiving “recognition” or certification as meeting the compulsory attendance law. Here is the exact wording of that law:

1896 Laws of the Republic of Hawaii, Act 57, sec. 30: “The English Language shall be the medium and basis of instruction in all public and private schools, provided that where it is desired that another language shall be taught in addition to the English language, such instruction may be authorized by the Department, either by its rules, the curriculum of the school, or by direct order in any particular instance. Any schools that shall not conform to the provisions of this section shall not be recognized by the Department.” [signed] June 8 A.D., 1896 Sanford B. Dole, President of the Republic of Hawaii.

The law clearly concerns only schools, not society at large and certainly not newspapers. It does not single out Hawaiian language at all — it applies equally to all languages other than English, including Japanese, Mandarin, Cantonese, Portuguese, etc. The majority of Hawaii’s children at that time were children of Japanese and Chinese plantation workers, and there were also numerous immigrants from Portugal working on the plantations, mostly as lunas. The law wanted every citizen or long-term resident to have a language in common that they all could speak — especially Japanese and Chinese. The Republic was looking forward to annexation to the United States. Every child born in Hawaii would grow up to become American citizens after annexation, and English would be essential for citizen participation in government and commerce. The law does not prohibit establishing private after-school or weekend academies where the medium of instruction could be Hawaiian (or any other language) — it merely states that such schools will not be recognized by the government as satisfying the requirement that all children must attend school. The law clearly states that other languages (including Hawaiian) may be taught in a language course. Hawaiian language courses were offered at Kamehameha School, but Spanish was more popular with the students. And in fact the Territorial legislature passed laws appropriating money to publish Hawaiian language dictionaries for use in the government schools.

Some ethnic groups, most notably first-generation immigrant Japanese plantation workers, did indeed have private schools for “after school” or weekend instruction in their language and culture (see astonishing information about just how prevalent this was, near the end of a webpage). Many, perhaps most Hawaiian parents went so far as to demand that their children speak only English at home as well as at school. There was simply no desire among Hawaiian parents to set up special academies to perpetuate Hawaiian language. Ethnic Hawaiians working on the plantations or elsewhere were legally free to do what the Japanese actually did. The Hawaiians were also being paid at a higher wage rate than the Japanese, who were at the bottom of the scale (until Filipinos started coming to Hawai’i in 1906 and occupied the bottom). The Japanese felt it was important to invest their time and money to perpetuate their culture and language; while the Hawaiian parents, to the contrary, felt it was important to demand that their children speak English and assimilate to Euro-American cultural values.

There are many, many details to explain, but not here in a mere comment. So let me give the following webpage links:

Was Hawaiian Language Illegal?
https://tinyurl.com/4gspl

Holding the State of Hawaii Department of Education accountable for propagating the lie that Hawaiian language was banned.
https://tinyurl.com/z77ogbq

“Examples of Some Angry or Bitter Published Articles Claiming That Ethnic Hawaiians Were Victimized by Having Their Language Made Illegal or Suppressed” [I’ll be adding this ridiculous Fernandez article to the collection]
https://tinyurl.com/83xmb

“Hawaiian Language as a Political Weapon” with 16 detailed subpages
https://tinyurl.com/668vqyz

————-

Fernandez: “This law [English as the language of instruction in schools] led to the suppression of native newspapers unfavorable to the new government, and the end of teaching Hawaiian language in schools.”

Conklin: In recent years we have all learned that newspapers printed in Hawaiian language were published continuously from 1834 all the way through 1948. Some lasted only a short time with small circulation; others had large circulation and lasted for many years. There were both English-language and Hawaiian-language newspapers editorially favorable to the monarchy and opposed to annexation; and also newspapers in both languages happy with the overthrow of the monarchy and favorable to annexation.

Following the January 17 1893 revolution, the revolutionary Provisional Government did what all revolutionary governments in the world have always done with mass media (including radio and television nowadays) — they temporarily banned the publication of pro-monarchy newspapers. But in Hawaii such censorship to stifle possible rioting lasted only one or two weeks, and then freedom of the press resumed. There were newspapers that viciously attacked President Sanford Dole and published poetry and stories favorable to Lili’uokalani and other royalists. Perhaps even Mr. Fernandez might have heard the widely known stories about people loyal to Lili’uokalani visiting her when she was imprisoned in the Palace following the attempted Wilcox counterrevolution of 1895 — and they always brought her flowers WRAPPED IN ROYALIST NEWSPAPERS so that she could circumvent the ban on political information going to or from her and see what her friends were doing on her behalf. Clearly, there was no censorship or “suppression of native newspapers unfavorable to the new government” as claimed by Fernandez.

Fernandez is also wrong that the language law caused “the end of teaching Hawaiian language in schools.” Surely a lawyer/judge can understand the difference between teaching a language as a subject of study vs. teaching subject matter in math, science, history, etc. through the use of that language as the medium of instruction. Read the wording of the law Judge Fernandez. It clearly says “where it is desired that another language [could be Hawaiian] shall be taught in addition to the English language, such instruction may be authorized by the Department, either by its rules, the curriculum of the school, or by direct order in any particular instance.” Families not already fluent in Hawaiian had no interest in getting their kids to learn it; whereas families that spoke Hawaiian at home could continue doing so and could also send their kids to after-school academies to be taught in Hawaiian just like the Japanese established Japanese-language academies; but most Hawaiian parents were glad to have their kids learn English in school and many such parents demanded their kids speak only English in the home as well — the parents would speak Hawaiian between themselves but required their kids to speak only English.

———–

Fernandez: “When annexation and the Organic Act created the Territory, the Hawaiian people received nothing because no government existed to protect them nor categorize them as the indigenous people of the eight islands of the archipelago. Unlike some North American tribes on the continent no treaty was enacted.”

Conklin: That’s absurd! The natives received whatever everyone else received, including American citizenship for all persons who were citizens of the Republic of Hawaii and for anyone born in Hawaii; and a guarantee that revenue from the ceded lands must be used “for education and other public purposes” for the benefit of all residents of the Territory including natives. Fernandez is in reality complaining that there were no racial entitlement programs benefiting ethnic Hawaiians exclusively based on race alone [until the first such law was enacted — the Hawaiian Homes Commission Act of 1920]. Today we have over a thousand racially exclusionary programs solely for the benefit of Native Hawaiians. I hope he’ll go to the library and read my book identifying what he apparently champions: “Hawaiian Apartheid: Racial Separatism and Ethnic Nationalism in the Aloha State.” It’s also available for purchase direct from the publisher through
http://tinyurl.com/2a9fqa

Fernandez’ talk about North American tribes shows that he continues to favor creation of a federally recognized Hawaiian tribe, either through legislation like the Akaka bill [Fernandez wrote essays favoring the bill when it was alive in Congress] or through implementation of the Department of Interior regulation proclaimed by publication in the Federal Register on October 14, 2016. That regulation is a sleeper agent of Hawaiian apartheid ready to be implemented whenever the tribalists feel political conditions are right.

A webpage reviews the history of efforts to get official government recognition of ethnic Hawaiians as a political entity or Indian tribe — a narrative summary covering 19 years 2000 through 2018, broken into two-year Congressional periods. Each “Congress” has a link to an index for that two year period, broken into sub-indexes in chronological order, linking to webpages providing full text of news reports, commentaries, and lawsuits regarding the Akaka bill in Congress, stealth maneuvers by Senator Inouye, Obama Department of Interior regulatory process, Hawaii legislature bills and resolutions, etc.; and efforts to gain local and international recognition of Hawaii as an allegedly continuing independent nation, through protests and lawsuits in Hawaii regarding Mauna Kea and taxes on land, and lobbying activity in the United Nations (both New York and Geneva). Go to
http://big11a.angelfire.com/AkakaHistSummary2000to2018.html

See a webpage describing how the DOI regulation 43CFR50 was proclaimed, including links to full text of the regulation and testimony in opposition during both comment periods:
http://www.angelfire.com/big11a/Repeal43CFR50.html

————

After reciting his lengthy list of alleged victimhood grievances relying on history-twisting and falsehoods, Mr. Fernandez then spends the second half of his essay expressing his views about how Hawaiian culture before Captain Cook was superior to European and American culture, and how the Native Hawaiian blockade and takeover of Mauna Kea illustrates respect for the land and is a reassertion of Native Hawaiian self-determination. He cites the United Nations Declaration on the Rights of Indigenous Peoples, and he says “Lieutenant Governor Josh Green got it right when on Mauna Kea he said, ‘It is time for reconciliation with Hawaii’s host culture.'”

Conklin has webpages showing that ethnic Hawaiians are not an indigenous people, that the term “host culture” is a poisonous concept implying that people with no Hawaiian blood are merely guests with no rightful standing in the ethnic Hawaiian homeland, and a direct response to Josh Green’s pandering screed.

The concept of Native Hawaiians owning the “host culture” is astoundingly divisive because it portrays everyone lacking a drop of the magic blood as being mere guests. It’s a racist political tactic which in recent years many academics and journalists have begun calling “othering” — portray ethnic Hawaiians as being entitled to govern Hawaii because, according to a creation legend, they are biologically children of the gods and brothers to the land in a way nobody else can ever be who lacks a drop of the magic blood — therefore portraying everyone else as “other” — different, alien, permanent outsider, mere (unwanted) guest or even invader and exploiter and oppressor. That’s exactly the tone of Bill Fernandez’ commentary.

An example of “othering” is the demand that nobody lacking a drop of the magic blood can use the word “Hawaiian” to describe themselves. Every “Hawaiian” by definition has the magic blood; every OTHER person can be a resident or “settler” but is always a “non-Hawaiian.” Because of pressure from ethnic Hawaiian activists, the Associated Press a few years ago included in its stylesheet that in news reports the word “Hawaiian” must be reserved for ethnic Hawaiians, while others can be called “Hawaii resident” or “Hawaii-born” or “native of Hawaii” but never “Hawaiian” or “native Hawaiian.” At this time there are Caucasians with no Hawaiian blood whose families have lived in Hawaii for 8 generations, and Asians whose families have 6 generations in Hawaii; but the language police call them non-Hawaiian will not allow them to call themselves Hawaiian.

Although I was not born or raised in Hawaii, I visited during three summers from 1982 to 1989, felt a spiritual calling, and moved permanently to Kane’ohe in 1992 — and since then I have never left Hawaii, for 27 years! I have traveled to dozens of nations and speak 6 languages. But Hawaii hanai’d (adopted) me, and I hanai’d Hawaii. I have probably lived in Hawaii longer than Bill Fernandez. For sure I have lived in Hawaii longer than most ethnic Hawaiians have been on this Earth, since Census says their median age is 26. I understand the culture and history, and speak Hawaiian with moderate fluency. Hawaii is my hanai homeland. I am Hawaiian, whether the language police like it or not. A well-known song describes my own odyssey: “He Hawai’i Au” also known as “I Keia Po”. My journey was lengthy, seeking a place in this world; but I have returned; and I clearly realize that home is in my heart; I will not wander again because I understand — I am Hawaiian.
Words (Hawaiian/English)
https://www.huapala.org/He/He_Hawaii_Au.html
Music (First video has song sung like a hymn with beautiful scenery and artifacts, then faster upbeat tempo; automatically followed by all-Japanese hula performance of it).
https://www.youtube.com/watch?v=l5ovXExp42I

“Are kanaka maoli indigenous to Hawai’i? Would the status of being indigenous give them special rights?”
http://www.angelfire.com/hi2/hawaiiansovereignty/indigenous.html

“Akaka Bill: Replacing Democracy and Individual Rights With Indigenous Communal (Group) Rights”
http://www.angelfire.com/hi5/bigfiles3/AkakaDemocIndivRtsVsCommunalGpRts.html

“Indigenous Intellectual Property Rights — The General Theory, and Why It Does Not Apply in Hawaii”
http://www.angelfire.com/hi2/hawaiiansovereignty/indigenousintellproprts.html

“Were non-kanaka maoli historically full partners in Hawai’i, or only second-class guests?”
http://www.angelfire.com/hi2/hawaiiansovereignty/fullpartners.html

“Asian Settler Colonialism [Hawaii] — book review”
http://www.angelfire.com/big09a/AsianSettlerColonialism.html

“Hawaiian religious fascism. A twisted version of a beautiful creation legend provides the theological basis for a claim that ethnic Hawaiians are entitled to racial supremacy in the governance and cultural life of the Hawaiian islands.” [includes a link to full text of the “Constitution of the Native Hawaiian Nation” adopted on February 26, 2016 in a monthlong meeting paid for by OHA, and an analysis of its racism and fascism — this is the tribal Constitution which would be submitted to the Department of Interior as part of the process for federal recognition of a Hawaiian tribe under 43CFR50]
http://www.angelfire.com/big11a/HawnReligFascism.html

“The Aloha Spirit. How aloha for all, manifested in the twin pillars of unity and equality, can overcome Hawaiian religious fascism which is the theological basis for a claim to racial supremacy.”
http://www.angelfire.com/big11a/AlohaUnityEquality.html

Ken Conklin’s Facebook reply to Lt. Gov. Josh Green’s pandering support for the Mauna Kea protesters:
https://www.facebook.com/kenneth.conklin.10/posts/1607282602740030

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Hawaiian language never banned; Goebbels Award to PBS-Hawaii

The Goebbels Award For Outstanding Use of Media for Propaganda Disguised As Fact

has been awarded jointly to PBS-Hawaii and Leslie Wilcox, its President and CEO;

for refusing to correct a racially inflammatory falsehood about the alleged banning of Hawaiian language in the schools of Hawaii. The falsehood was asserted repeatedly in advertisements through email, televised teasers, and website announcements ahead of an INSIGHTS panel discussion televised live on March 28, 2019 regarding the history and revival of Hawaiian language; and was anticipated to be also asserted by panelists during the discussion.

This Goebbels Award can be seen at
http://big11a.angelfire.com/GoebbelsAwardPBSLeslie032819.html

For a long time PBS-Hawaii President/CEO Leslie Wilxcox has been sending out an email blast on Fridays announcing major TV shows that will be broadcast during the following week. The contents of those announcements are also displayed on the station’s website, Facebook page, etc. for maximum publicity. The announcement sent on Friday March 22, 2019 included a description of an upcoming 60-minute live panel discussion in the long-running “Insights” series to be broadcast on Thursday March 28 from 8-9 PM.

The announcement can be seen where it was placed on the PBS-Hawaii website on March 22 at
https://www.pbshawaii.org/insights-on-pbs-hawaii-the-hawaiian-language/

The first sentence says:
“Ka ‘ÅŒlelo Hawai’i, the Hawaiian Language, once forbidden in schools and nearly lost, is flourishing again in these Islands.”

The racially inflammatory falsehood is this seemingly harmless phrase of four words in the first sentence: “…once forbidden in schools…”

The truth is that HAWAIIAN LANGUAGE HAS NEVER BEEN MADE ILLEGAL OR SUPPRESSED IN WRITTEN PUBLICATIONS, NOR IN PUBLIC OR PRIVATE SPEECH OR PERFORMANCES; AND HAWAIIAN LANGUAGE HAS NEVER BEEN FORBIDDEN BY LAW IN SCHOOLS. An amendment to the compulsory attendance law was passed in 1896 to require that any public or private “school” must use English as the language for teaching all subjects in order for that school to be certified as meeting the requirement that all children must attend “school” — but the amendment did NOT forbid after-school or weekend academies from using Japanese or Hawaiian or any other language, and did not prohibit teaching language courses. Japanese parents created such Japanese language academies for their children to learn Japanese culture and history; but Hawaiian parents chose not to do that.

Why is it racially inflammatory to assert that Hawaiian language was illegal in daily life or forbidden in schools? Because today’s Hawaiian sovereignty activists have repeatedly and loudly made such claims as a way of portraying Native Hawaiians as victims entitled to reparations. The U.S. in general, and “haoles” (white people) in particular, are called colonial oppressors who suppressed native culture and even “made our native language illegal right here in our own homeland.” “My grandma told me she was beaten by her haole teacher for speaking Hawaiian in school.” For decades the activists claimed that Hawaiian language had been made illegal. When they were challenged to cite such a law, or to name even a single person who had been jailed for speaking Hawaiian, they could not do so. When it became publicly clear that dozens of Hawaiian language newspapers had been openly published continuously through 1948, and the Kamehameha song contest had been running since 1920 etc., a few professors of Hawaiian language nevertheless continued to insist the language had been made illegal. The claim of general illegality has been forced by the facts to retreat to a claim of the language being banned in school. But it is false, and still racially inflammatory, and must be completely discredited. Comes now the PBS-Hawaii “Insights” TV show with a panel of Hawaiian-language zealots accustomed to earning a living based partly on asserting the now-disproved lie, with the PBS-Hawaii corporate leadership acting as accomplices by giving them a megaphone. Hawaiian is a beautiful language that deserves to be preserved and to thrive as an important element of the culture which is the core of what makes Hawaii a special place. The beautiful language must be liberated from an ugly political demagoguery broadcasting a racially incendiary lie which serves only to foment racial resentment and hatred.

The Goebbels Award provides a copy of the warning to PHS-Hawaii and its executives demanding a correction of the falsehood, which included a summary of evidence that it is false, an explanation of why it is racially incendiary, and links to webpages where detailed proof of falsity can be found.

See the Goebbels Award to PBS-Hawaii and Leslie Wilcox at
http://tinyurl.com/yyqj247m

Was Hawaiian Language Illegal? Did the Evil Haoles Suppress Hawaiian Language As A Way of Oppressing Kanaka Maoli and Destroying Their Culture?
https://tinyurl.com/4gspl

Examples of published false claims that Hawaiian language was made illegal:
https://tinyurl.com/83xmb

Hawaii Dept of Education refused to correct the language-ban falsehood on its website and in its curriculum, and was given a Goebbels Award on April 25, 2016
https://tinyurl.com/z77ogbq

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Hawaii Legislature 2019 — Bills and Resolutions

Hawaii Legislature 2019 — Bills and Resolutions Related to Hawaiian Sovereignty and Racial Entitlement Programs. Text, testimony, and outcome.

A webpage provides complete information on 19 bills or resolutions for which Ken Conklin has submitted testimony as of February 10, 2019:
https://tinyurl.com/y4ou3cg8

The webpage will be updated continuously whenever a new item is introduced (there might be many more).

Examples:

SB1501 appropriates $439 Million tax dollars for DHHL for 2 years!

HB402/SB1363 gives OHA $139 Million to make up for alleged underpayment of 20% of ceded land revenues, and then $35 Million per year starting now.

SB195/SB642 requires that the Hawaiian version of a law be held binding if the law in question was originally drafted in Hawaiian and then translated into English. Requires that ‘okina and kahako be used, when appropriate, in documents prepared by or for state or county agencies or officials.

HB1119/SB1451 Reestablishes Kingdom holiday as a permanent annual official state holiday, November 28: La Ku’oko’a, which the bill calls “Hawaiian Recognition Day” although that has always been translated as, and will be perceived as, “Hawaiian Independence Day.”

More on the way!

The Hawaii legislature is in session each year from mid January to early May. Each year there are numerous bills and resolutions related to Hawaiian sovereignty and racial entitlement programs. For about 20 years Ken Conklin has been tracking such legislation, and submitting testimony. As of February 10, 2019 there are 19 different bills or resolutions on this topic for which committee hearings have been announced and for which Conklin has submitted testimony. There will probably be many more, and the webpage will be updated every time a new item gets a committee hearing (new RESOLUTIONS often get introduced later in the session, but a BILL will be treated as “new” only if it did not yet have a hearing). The count of 19 reflects completely different bills and resolutions, not counting the cloned companions in the other chamber, nor the amended versions sent by one committee to the next committee; all of which get Conklin’s revised and updated testimony reflecting amendments made along the way.

Some bills or resolutions have clones, called “companions”, which are introduced under different bill numbers in both the House and Senate. As the session goes forward, many committees make amendments before sending an item to the next committee or to the other chamber. After an item has passed all its committees in one chamber, then it gets sent to the other chamber where more committees consider it, and perhaps amend it. At the end of session a bill must be passed with exactly the same content in both chambers before it can pass out of the legislature to the Governor for his signature.

A webpage provides complete information on the 19 bills or resolutions for which Ken Conklin has submitted testimony as of February 10 2019:
https://tinyurl.com/y4ou3cg8

The webpage will be updated continuously whenever a new item gets a hearing (there might be many more). For each item Conklin’s webpage provides full text of Conklin’s testimony; a link to the Senate or House “status” webpage where the full text of the bill or resolution can be viewed, along with a file containing all the testimony submitted to each committee along the way on the item (sometimes dozens of people submit testimony), and a record of which Senators or Representatives voted which way on it, and the official committee report that accompanies the item as it gets sent to the next committee or to the full chamber. Conklin sends a revised version of his testimony to the next committee whenever an item gets amended before it goes to the next committee or to the chamber’s floor; but normally Conklin posts on his webpage only the first version of his testimony, unless there are major changes to the primary concepts.

The webpage also provides, at the bottom, a long list of links to Conklin’s similar webpages from previous years providing testimony from Conklin and others regarding bills and resolutions. That’s a useful resource for anyone wanting to analyze the trajectory of legislation and testimony on any particular issue. Some bills or resolutions that fail get re-introduced essentially unchanged in later years, repeatedly, like zombies or mummies in science fiction movies; other items get significantly revised by the people who write them and get them reintroduced; and some items that fail are allowed to stay dead. Which is which? Do your research!

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How Kamehameha School bribes other schools to be partners in racial segregation

by Kenneth R. Conklin, Ph.D.

A new webpage at
https://tinyurl.com/y8cny7ew
focuses on a diabolical technique whereby Kamehameha Schools (Bishop Estate) is now aggressively using its vast wealth (perhaps $15 BILLION) to enlist public and private schools and colleges as accomplices in racial segregation and also as partners in pushing race-supremacist curriculum not only to ethnic Hawaiian students but to all their students. Institutions in Hawaii and also mainland USA are being infected.

For about a century KSBE has ruthlessly enforced a policy of racial segregation in its admissions policy for full-time students from kindergarten through grade 12 on all of its campuses, except for a handful of students admitted to settle or forestall desegregation lawsuits. The funny thing is that the racist admissions policy is NOT required by the Will of founder Princess Bernice Pauahi Bishop, and was not in place in the school’s early years — it is a policy adopted by the trustees for their own political reasons, presumably related to facilitating ethnic pride and ethnic nationalism.
Despite propaganda to the contrary, the Will of KSBE founder Princess Bernice Pauahi Bishop does NOT require a policy that only racially-defined Native Hawaiians can attend — even the mere “preference” for “children of the aboriginal blood” as set forth in Pauahi’s Will applies only to orphans and indigents, who are a small portion of the students.

The vicious tenacity whereby KSBE maintains its segregationist policy is demonstrated by the fact that in May 2007 the trustees paid SEVEN MILLION DOLLARS plus admission with full tuition for grades 7-12 to settle one lawsuit by a single student moments before the U.S. Supreme Court was poised to take that student’s desegregation case which trustees rightly feared would result in striking down the admissions policy.

The importance the trustees place on the segregationist admissions policy is also demonstrated by a decision made by the trustees at the time when scandals were capturing public attention and the IRS was investigating the corporate entity regarding its tax exemption: the trustees decided that if the IRS ever notified KSBE that it must choose between its tax exemption, worth hundreds of millions of dollars per year, or its race-based admissions policy, the trustees would give up the tax exemption to protect racial segregation.

A new webpage focuses not on the admissions policy for Kamehameha School itself, but on a diabolical technique whereby KSBE has been enlisting public and private schools and colleges as partners in racial segregation and also as partners in pushing race-supremacist curriculum not only to ethnic Hawaiian students but to all their students.

This technique allows KSBE to infiltrate and subvert the admissions policies and curricula of other schools and colleges in Hawaii and mainland USA by matching the number of dollars those other schools set aside to provide scholarships for students to pursue majors in STEM subjects (science, technology, engineering, mathematics) — but ONLY for students who have Hawaiian blood. Most private colleges and K-12 schools have relatively small endowments, and have a limited amount of money which they can set aside each year to provide scholarships to academically well-qualified students whose families are financially needy. When KSBE now makes contractual agreements with those schools to provide matching funds but only for ethnic Hawaiians, KSBE provides a strong incentive to those other schools to take scholarship money away from students who lack Hawaiian blood in order to get extra money from KSBE. Those other schools will now be enthusiastic to recruit ethnic Hawaiians but far less eager to recruit students of other ethnicities, and will divert their limited pot of scholarship money toward ethnic Hawaiians at the expense of other races.

KSBE’s sudden announcement in December 2018 that it is focusing on STEM subjects as those are taught in other schools and colleges coincides with an announcement by University of Hawaii that its Mathematics department is now a world leader in curriculum development and teacher certification in the field of ethnomath.

What is ethnomath? It is the description of how any particular culture, past or present, has used unique culture-based ways of estimating, counting, measuring, constructing buildings, describing natural phenomena, etc. Ethnomath might study how astronomy was used for practical purposes in astrology, navigation, planting and harvesting; and learning how some cultures had priests and princes who secretly anticipated eclipses and thereby inspired awe, fear, or political revolutions. Ethnomath might create lists of the names of the counting-numbers in different cultures; comparing Roman numerals with Arabic numbers, visiting merchants in Chinatown to watch them using an abacus, analyzing the ratios found in Egyptian pyramids, the human body, and the spirals of certain plants. Ethnomath might study the temperature and speed of water flowing through a taro patch to analyze how those factors affect the health and size of the kalo (corm) and length of the ha (stalk). In Hawaii ethnomath will certainly include descriptions of how navigators on the hugely celebrated voyaging canoe Hokule’a use the positions of the stars to “calculate” which way to point the boat.

To a casual observer, STEM subjects like mathematics, biology, technology, etc. would seem to have objective subject matter not corrupted by politics, emotions, and race. These subjects are also academically difficult and demanding. Genuine Mathematics involves abstract reasoning to prove theorems, solving equations, calculus, etc., unlike ethnomath which focuses on low-level measurement and description of tangible objects used in everyday cultural activities. STEM subjects attracted few ethnic Hawaiian students who were generally more interested in studying culture-based “soft subjects” like history, anthropology, or political science; and staging political rallies; rather than keeping their noses to the grindstone in the library.

Ethnomath is a way for racialists to finally be able to invade those parts of the liberal arts curriculum that were previously safe from identity politics. So it’s no wonder that the University of Hawaii, with its huge “Hawaiian Studies” program, is proud to boast of being a world leader in ethnomath. And KSBE is happy to provide matching grants for colleges in Hawaii and on the mainland to give racially exclusive scholarships for students to major in ethno-STEM.

The detailed new webpage is entitled “How Kamehameha School bribes other schools to be partners in racial segregation” and can be found at
https://tinyurl.com/y8cny7ew

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