Difference between revisions of "Template:Nhsc-v1-484"
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| − | damages suffered by Native | + | : damages suffered by Native Hawaiians as a result of those actions. |
| − | Hawaiians as a result of those | + | |
| − | actions. | + | <u>Nature of the Losses and Damages.</u> |
| − | Nature of the Losses and Damages. | ||
The Kingdom of Hawai'i and her people | The Kingdom of Hawai'i and her people | ||
had a separate and distinct cultural, | had a separate and distinct cultural, | ||
legal, and Constitutional history. | legal, and Constitutional history. | ||
| − | Although strongly influenced by Euro- | + | Although strongly influenced by Euro-American models and individuals, |
| − | American models and individuals, | ||
Native Hawaiians had devised modern | Native Hawaiians had devised modern | ||
institutions of government, property | institutions of government, property | ||
| Line 13: | Line 11: | ||
reflected both an ancient past and a | reflected both an ancient past and a | ||
contemporary standing among nations. | contemporary standing among nations. | ||
| + | |||
What, then, were the nature of the | What, then, were the nature of the | ||
losses and damages experienced by | losses and damages experienced by | ||
Native Hawaiians with the illegal | Native Hawaiians with the illegal | ||
| − | overthrow of the Kingdom of Hawai | + | overthrow of the Kingdom of Hawai'i? |
| + | |||
The lands and sovereignty of the | The lands and sovereignty of the | ||
Kingdom, and the interests of Native | Kingdom, and the interests of Native | ||
Hawaiians represented in them, are | Hawaiians represented in them, are | ||
considered first. | considered first. | ||
| + | |||
After an examination of traditional | After an examination of traditional | ||
land tenure systems, Constitutional | land tenure systems, Constitutional | ||
provisions, and related Kingdom laws, | provisions, and related Kingdom laws, | ||
we find that: | we find that: | ||
| − | + | ||
| − | and undivided anchestral land | + | * Native Hawaiians held common and undivided anchestral land rights and interests vested in the domain and dominion of the Kingdom; |
| − | rights and interests vested in | + | * these anchestral land rights and interests were not diminished nor extinguished by any royal or government actions initiated by the Kingdom of Hawai'i, but were protected and guaranteed by legal titles held by the Kingdom for all public, government, and crown lands; |
| − | the domain and dominion of the | + | * without the consent of or compensation to Native Hawaiians, these land rights and interests were assumed and subsequently ceded to the United States by a government whose existence was dependent on illegal actions by the United States; |
| − | Kingdom; | + | * these land rights and interests were accepted by the United States without the consent of or compensation to Native Hawaiians, and without any disclaimer provision to protect these land rights. |
| − | + | ||
| − | and interests were not diminished | ||
| − | nor extinguished by any | ||
| − | royal or government actions | ||
| − | initiated by the Kingdom of | ||
| − | Hawai'i, but were protected and | ||
| − | guaranteed by legal titles held | ||
| − | by the Kingdom for all public, | ||
| − | government, and crown lands; | ||
| − | |||
| − | to Native Hawaiians, | ||
| − | these land rights and interests | ||
| − | were assumed and subsequently | ||
| − | ceded to the United States by a | ||
| − | government whose existence was | ||
| − | |||
| − | dependent on illegal actions by | ||
| − | the United States; | ||
| − | these land rights and interests | ||
| − | were accepted by the United | ||
| − | States without the consent of | ||
| − | or compensation to Native | ||
| − | Hawaiians, and without any disclaimer | ||
| − | provision to protect | ||
| − | these land rights. | ||
Based on these findings, we advise | Based on these findings, we advise | ||
the Congress that Native Hawaiians | the Congress that Native Hawaiians | ||
| Line 61: | Line 38: | ||
interests vested in the domain and | interests vested in the domain and | ||
dominion of the Kingdom of Hawai'i. | dominion of the Kingdom of Hawai'i. | ||
| + | |||
These compensable claims echo, but | These compensable claims echo, but | ||
do not duplicate, similar claims by | do not duplicate, similar claims by | ||
American Indians and Alaskan Natives. | American Indians and Alaskan Natives. | ||
The strongest parallel among the | The strongest parallel among the | ||
| − | claims is a call for | + | claims is a call for American justice |
once a wrong has been acknowledged. | once a wrong has been acknowledged. | ||
| + | |||
Native Hawaiians are Americans now, | Native Hawaiians are Americans now, | ||
proud of the ideals and qualities of | proud of the ideals and qualities of | ||
| − | justice through law. The pride | + | justice through law. The pride in |
being Native Hawaiians is also strong. | being Native Hawaiians is also strong. | ||
The overwhelming majority of native | The overwhelming majority of native | ||
| Line 79: | Line 58: | ||
for a remedy to past losses and | for a remedy to past losses and | ||
damages. | damages. | ||
| − | RECOMMENDATION #2 | + | |
| + | ====RECOMMENDATION #2==== | ||
Therefore, we recommend to the | Therefore, we recommend to the | ||
Congress that: | Congress that: | ||
| − | + | * the U.S. Senate Committee on Energy and Natural Resources and the U.S. House Committee on Insular and Interior Affairs consider and determine a just and equitable resolution of compensable claims by Native Hawaiians for losses of domain and dominion; | |
| − | Energy and Natural Resources | + | {{p|484}} |
| − | and the U.S. House Committee on | ||
| − | Insular and Interior Affairs | ||
| − | consider and determine | ||
| − | and equitable resolution of | ||
| − | compensable claims by Native | ||
| − | Hawaiians for losses of domain | ||
| − | and dominion; | ||
| − | 484 | ||
Latest revision as of 00:05, 24 July 2006
- damages suffered by Native Hawaiians as a result of those actions.
Nature of the Losses and Damages. The Kingdom of Hawai'i and her people had a separate and distinct cultural, legal, and Constitutional history. Although strongly influenced by Euro-American models and individuals, Native Hawaiians had devised modern institutions of government, property and social organization which reflected both an ancient past and a contemporary standing among nations.
What, then, were the nature of the losses and damages experienced by Native Hawaiians with the illegal overthrow of the Kingdom of Hawai'i?
The lands and sovereignty of the Kingdom, and the interests of Native Hawaiians represented in them, are considered first.
After an examination of traditional land tenure systems, Constitutional provisions, and related Kingdom laws, we find that:
- Native Hawaiians held common and undivided anchestral land rights and interests vested in the domain and dominion of the Kingdom;
- these anchestral land rights and interests were not diminished nor extinguished by any royal or government actions initiated by the Kingdom of Hawai'i, but were protected and guaranteed by legal titles held by the Kingdom for all public, government, and crown lands;
- without the consent of or compensation to Native Hawaiians, these land rights and interests were assumed and subsequently ceded to the United States by a government whose existence was dependent on illegal actions by the United States;
- these land rights and interests were accepted by the United States without the consent of or compensation to Native Hawaiians, and without any disclaimer provision to protect these land rights.
Based on these findings, we advise the Congress that Native Hawaiians have compensable claims for the loss of anchestral land rights and interests vested in the domain and dominion of the Kingdom of Hawai'i.
These compensable claims echo, but do not duplicate, similar claims by American Indians and Alaskan Natives. The strongest parallel among the claims is a call for American justice once a wrong has been acknowledged.
Native Hawaiians are Americans now, proud of the ideals and qualities of justice through law. The pride in being Native Hawaiians is also strong. The overwhelming majority of native Hawaiians do not want history to be re-written or to separate themselves from the United States. As proud Americans and Native Hawaiians, though, there is a desire and a basis for a remedy to past losses and damages.
RECOMMENDATION #2
Therefore, we recommend to the Congress that:
- the U.S. Senate Committee on Energy and Natural Resources and the U.S. House Committee on Insular and Interior Affairs consider and determine a just and equitable resolution of compensable claims by Native Hawaiians for losses of domain and dominion;
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