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
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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*i?
+
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:
Native Hawaiians held common
+
 
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.
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
 
Based on these findings, we advise
 
the Congress that Native Hawaiians
 
the Congress that Native Hawaiians
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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 Americar justice
+
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 ir
+
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
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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
+
* 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 d iust
 
and equitable resolution of
 
compensable claims by Native
 
Hawaiians for losses of domain
 
and dominion;
 
484
 

Latest revision as of 01:05, 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;
-p484-