Na Keokani Kipona Kaʻilikea, Loea Lula Hoʻomalu
The presumption of state continuity is like the presumption of innocence. A person is presumed innocent unless and until there is enough evidence to the contrary, beyond a reasonable doubt. Likewise, the sovereignty and independence of a state is presumed to continue unless there is contrary evidence beyond a reasonable doubt. The Hawaiian Kingdom achieved international recognition as a sovereign and independent state in 1843.
A person does not carry the burden to prove his or her innocence. Rather, the burden is on the accuser to provide enough evidence to reject that presumption. What evidence is there that the continuity of the Hawaiian Kingdom has been terminated?
Did the joint resolution of 1898 terminate the Hawaiian Kingdom? Can a congressional resolution unilaterally terminate another country? If the U.S. Congress adopted a joint resolution to unilaterally annex France tomorrow, would that terminate the continuity of France as a sovereign and independent state? Or would it set the stage for a belligerent occupation?
The Hawaiian Kingdom government was seized rather than terminated. Consequently, the governmental infrastructure of the State of Hawaiʻi is actually that of the Hawaiian Kingdom. However, the occupying power is not allowing the Hawaiian Kingdom government to reestablish itself via the laws of occupation. This has gone on now for 126 years and counting. So, is it any surprise that skeptics might perceive a lack of a Hawaiian government in waiting? Is it fair to blame the Lāhui for this?
Any perceived lack of a Hawaiian government in waiting does not absolve the occupying power of its failure to produce a bilateral treaty of cession to substantiate its alleged (illegal) annexation of the Hawaiian Kingdom territory.
What we are seeing on Mauna Kea is a nucleus of the Hawaiian national body reconstituting itself organically. It is providing a catalyst for revitalization of the Hawaiian national language and heritage. In other words, de-occupation is unfolding from the inside out—as we all know that it won't happen from the outside-in. Eventually, that will grow into de-occupation of the entire country. Of course, that doesn't happen overnight, especially when confronted with the longest belligerent occupation in modern history. In the meantime, there is going to be cognitive dissonance to be resolved through civil discourse—and civil "disobedience" when necessary.
In my opinion, the genie is out of the bottle and de-occupation of Hawaiʻi is only a matter of time. How long that will take is anyone's guess. It took 89 years for the British empire to leave India, which is on the same order of magnitude as 126 years (at the time of this writing) of occupation in Hawaiʻi. The reason I think it is only a matter of time is because the evidence that Hawaiʻi is occupied without a treaty of cession is too strong to be overcome. The question is, how much more time can the occupying power continue to buy for itself, especially now that the Lāhui has been awoken by the TMT initiative?
KA PAIO HANOHANO