Proposed Legislative Resolution on Statehood by plaenui

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									RESOLUTION CALLING FOR PUBLIC DISCOURSE OVER THE LEGALITY OF HAWAII’S STATEHOOD WHEREAS, the year 2009 marks the 50th anniversary of the submission of Hawai`i into the Union of States with the United States of America; and, WHEREAS, there remain questions over the propriety over such submission of Hawaii to Statehood, in view of the following historical and legal events which occurred prior to the vote on Statehood in 1959, including; a) b) c) d) Questions over the legality of the Overthrow of the Hawaiian Nation; Questions over the legality of the formation of the Republic of Hawaii; Questions over the legality of the Cession of Hawaii by the Republic of Hawaii to the United States of America; Questions of the legality of the occupation and subsequent colonization of Hawaii from the period of the Cession of Hawaii in 1898 to the Statehood Vote in 1959; The Charter of the United Nations adopted as a binding International Agreement by the United States, under provisions of the U.S. Constitution, Article 6; Obligation under the U.N. Charter for all “Administering Authorities” to bring those territories recognized as non-self governing to self-governance; Obligation under General Assembly Resolution 66 of the U.N. obligating the United States to bring Hawaii, as a non-self governing territory to self-governance; Obligation of the United States to present to the non-self governing territory three options in the exercise of self-governance, i.e., Independence, Free Association and Integration with the Administering Authority (United States); The failure of the United States to provide three options in 1959’s plebiscite on the question of admission of Hawaii into the union of States of the United States; The qualification in the 1959 Statehood plebiscite for voters to be of U.S. Citizenship and having lived in Hawaii for a minimum of one year; and,
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The consequence of violations of international obligations in the admission of Hawaii to Statehood, and the remedial states which may be available for such violations.

WHEREAS, an open and fair discussion over these issues should be conducted in all public and private forums addressing the anniversary of Hawaiian Statehood; now, therefore, BE IT RESOLVED by the House of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2010, that the looking back of the 50 years of Statehood status of Hawaii by all State sponsored events provide room for the considerations set forth above; and, BE IT FURTHER RESOLVED that all such activities provide for speakers on the subject of the legality of Hawaiian Statehood and consequences if illegalities are found; the Auditor is requested to include in the financial, program and management audit: BE IT FURTHER RESOLVED that certified copies of this Resolution be circulated to the Governor’s office, the Office of Hawaiian Affairs, the Institute for the Advancement of Hawaiian Affairs, and the public media for wide distribution.

For background information, contact Pōkā Laenui at 697-3045

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