On September 27, 2018 Kenneth R. Conklin, Ph.D. submitted testimony of 18 pages regarding proposed regulations for “Public and Commercial Activities on Mauna Kea Lands.” Conklin explains 4 fundamental principles of unity and equality, and applies them to criticize and improve the proposed regulations. Conklin’s complete testimony is at
https://tinyurl.com/y8vse4k2
Here are four fundamental principles for all issues related to Hawaiian sovereignty, which are also helpful for analyzing the proposed rules for Mauna Kea:
1. We are all equal in the eyes of God regardless of race.
2. All people, regardless of race, should be treated equally under the law by our government.
3. Unity with America: Hawaii is in fact 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, and should not be divided along racial lines.
Two obvious conclusions for Mauna Kea rule-making can be derived from those fundamental principles. Many proposed rules should be improved to reflect these two conclusions. These conclusions motivate and underlie all the comments I have made about specific proposed rules.
(A) Every rule should apply equally to people of all races; there should be no racial set-asides or special privileges.
(B) If rule-makers believe Article 12 Section 7 of the Hawaii Constitution requires certain rights to be granted to one particular racial group, then the best way to fulfill that requirement is to grant those same rights to all Hawaii’s people regardless of race. There is legal precedent that a law requiring benefits for one racial group can be satisfied by granting those benefits to all persons regardless of race. Furthermore, the Aloha Spirit and the need for pono require such inclusiveness rather than racial exclusion.
Proposed rules for Mauna Kea analyzed by applying those principles and conclusions include the following topics:
*Mandatory orientation program for visitors;
*Fees charged to visitors;
*Traditional and customary rights of Native Hawaiians;
*Snowplay;
*Burials and scattering of cremated remains;
*Interference with government function;
*Racial set-asides or preferences;
*Access for religious or cultural purposes;
*Demographic characteristics of employees, volunteers, visitors deemed irrelevant
Conklin’s complete testimony is at
https://tinyurl.com/y8vse4k2
Unity and Equality — Fundamental Principles to Guide Hawaii’s Future
Sep 12
Posted by Ken Conklin in Commentary, Hawaiian history, Hawaiian sovereignty | Comments off
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.”
Tags: aloha for all, equality, unity