{ Adopted by Constitutional Convention on: 16 Jan 1995 }
{ ICL Document Status: 16 Jan 1995 }
{ Editor's Note
The text is based on a version presented to the public at http://www.hawaii-nation.org/hawaii-nation.html/constitution.html. Please do not confuse this document with the state constitution of Hawaii. Dates, formatting, and hypertext markup have been changed to the ICL standard. Cross-references are still under preparation. Paragraph and Part numbers have been added. The following terms have been changed for easier text analysis: Hawai'i to Hawaii; Na Kupuna Council to Senate; Kupuna to Senators; Citizens' Assembly to House of Representatives; Legislative General Assembly to Congress. }
Preamble
We, the Kanaka Maoli Nationals and Descendants, reaffirm our heritage, sacrifices, wisdom and 'Onipa'a (steadfastness) of our late Mo'i Wahine, Lydia Kamaka'eha Lili'uokalani Paki and all our Ali'i, Kahuna (specialists), and Maka'ainana (people) from each of the Mokupuni o Hawaii Nei, mindful of the Divine heritage and National creed which ke Akua has endowed upon us, and the legacy of Our Ancestors, who exercised sovereignty in a highly developed system of government based upon Aloha 'Aina, and who lived in and occupied the Archipelago of Hawaii since time immemorial;
We, the Kanaka Maoli Nationals and Descendants, appeal to the Supreme Justice of the world, ke Akua, and Our Ancestors, for the integrity of our intentions, as we unite to protect our sacred lives and honor;
We, the Kanaka Maoli Nationals and Descendants, have been subjected to the international crimes of Genocide and Crimes Against Humanity, as defined in the Nuremberg laws;
We, the Kanaka Maoli Nationals and Descendants, have the right to be free and independent, unfettered from any foreign power;
We, the Kanaka Maoli Nationals and Descendants, do hereby declare Our Independence among the Nations of the World;
We, the Kanaka Maoli Nationals and Descendants, reaffirm Our right to self-determination as a people, and by virtue of that right, We freely determine to restore Our political, economic, social, and cultural rights;
We, the Kanaka Maoli Nationals and Descendants, maintain our spiritual relationship with nature and all our surroundings, in universal harmony, for the rights of humanity, in peace, love, and understanding;
We, the Kanaka Maoli Nationals and Descendants, maintain Divine justice and liberty to be guided by ke Akua and our Senators, and those who are here with us today to light the way;
We, the Kanaka Maoli Nationals and Descendants, maintain a government of the people, by the people and for the people, to protect and preserve Our cultural heritage in perpetuity for the future of our posterity;
We, the Kanaka Maoli Nationals and Descendants, maintain 'Olelo Makuahine as our official language;
We, the Kanaka Maoli Nationals and Descendants, reaffirm and maintain the 'Ohana System of our society as a whole whereby Senators advise and consent, Makua act and lead, and 'Opio help and learn;
Thereby, We, the People of the Nation of Hawaii, do hereby ordain and establish this Constitution.
Proclamation of Restoration
The Proclamation of Restoration of the Independent and Sovereign Nation-State of Hawaii of 16 Jan 1994, is hereby adopted on behalf of the people of the Nation of Hawaii, and is incorporated into this Constitution with full force and effect as law.
Article I Declaration of Fundamental RightsKe Akua has endowed every human being with rights and equal protection with the inherent and inalienable rights that shall not be denied nor infringed upon. Every individual person is born free by nature and is accorded the mutual respect of these rights. Every individual person has the corresponding obligation, duty and responsibility to honor and respect these basic fundamental rights before the law.
(a) The right of everyone to life, liberty and the pursuit of happiness.
(b) The right of everyone to religious freedom and spiritual practices, providing that it does not infringe on anyone's right to life, liberty and their pursuit to happiness.
(c) The right of everyone to choose one's nationality.
(d) The right of everyone to liberty of movement and freedom to choose one's residence.
(e) The right of everyone to be free from discrimination, regardless of race, creed, color, age, nationality, religion, gender or disability.
(f) The right of everyone to a healthy and sustainable environment.
(g) The right of everyone to a living according to the fruits of their labor.
(h) The right of everyone to work.
(i) The right of everyone to freedom of association.
(j) The right of every citizen to take part in government.
(k) The right of every citizen to vote.
(l) The right of everyone to freedom of speech.
(m) The right of everyone to an education.
(n) The right of everyone to privacy.
(o) The right of everyone to personal property.
(p) The right of everyone to be self-sufficient.
(q) The right to a nuclear free and independent Pacific.
(r) The right of everyone to speak the language of their choice.
Article II Enumerated RightsThe people of the Nation of Hawaii, hereby establish these enumerated rights and equal protections before the law, in all civil and criminal cases, before any court or tribunal heretofore established by this Constitution, or by law. These rights include, but are not limited to, the following:
(a) The right of everyone to the equal protection before the law.
(b) The right of everyone to a speedy and fair trial, before an impartial jury of one's own peers.
(c) The right of everyone to defend oneself, and of the right of legal assistance of one's own choosing.
(d) The right of everyone to services of an interpreter.
(e) The right to call, examine and cross-examine witnesses, on one's own behalf.
(f) The right of the accused or the incarcerated to a writ of habeas corpus.
(a) The right of the accused not to be compelled to be a witness against oneself.
(b) The right of the accused or the incarcerated to a writ of habeas corpus.
(c) The right of the accused to a speedy trial, before an impartial jury of the Island or District, where the crime was committed.
(d) The right of the accused to be duly informed of the nature and cause of the accusations.
(e) The right of the accused to confront opposing witnesses in a meaningful manner.
(f) The right of the accused to produce by compulsory process witnesses for the defense.
(g) The right of the accused to have legal assistance of one's own choice or to act in propria persona.
(h) The right of the accused to be innocent until proven guilty and to be convicted by a standard of proof not less than beyond a reasonable doubt.
(i) The right of the accused to be tried by a jury of one's own peers.
(j) No person shall be convicted on the basis of an ex post facto law nor a bill of attainder.
(k) The right of the accused to be indicted by a grand jury of one's own peers.>
All civil and criminal cases will have automatic access to Ho'oponopono conflict resolution at all times upon consent of all parties.
Article III Equal Protection
No law shall be enacted prohibiting or abridging the free exercise of these fundamental and enumerated rights, nor shall any individual person be deprived or denied the equal protections of these rights on account of race, creed, color, age, nationality, religion, gender or disability, without due process of law.
Every individual has the right to be secure in their persons, houses, papers, effects, and personal property, against unreasonable searches and seizures. No warrants shall be issued, unless there is probable cause, good and sufficient reason(s), supported under Oath or affirmation under the penalties of perjury, and particularly describing that place, and the persons or things to be searched or seized.
No individual shall be held to answer for any infamous crime, unless upon the presentment of indictment by a grand jury.
There shall be no death penalty.
The purpose for the penal laws shall be for the reformation, rehabilitation, and future deterrence of those persons convicted of criminal acts. In no way shall the penal laws of the Nation of Hawaii be constructed or applied for the purpose of retribution against a person convicted of a criminal act. At no time shall a cruel or unreasonable punishment be applied to a person convicted of a criminal act.
Article IV Reserved Rights and Powers
The enumeration in this Constitution of certain rights shall not deny, deprive, or disparage any other rights retained by the people. Any of the powers not delegated by this Constitution, respectively are hereby reserved to the people.
People shall retain the right to continuously review this constitution and have the right to demand nation-wide legislative review within three months following the directives by consensus of any one Island's legislative body.
We, the Kanaka Maoli Nationals and Descendants hereby establish this Constitution, and acknowledge that the business of the nation shall be authorized in accordance with this Constitution. All government officials shall comply with this Constitution. All legislative powers shall be vested in a Congress composed of the Senate and the House of Representatives. All powers and subjects of legislation shall not be inconsistent with this Constitution.
Article V Legislative Powers and LimitationsThe Congress has the power to make all laws necessary and proper for carrying into execution the business of the Nation, and all other powers vested in this Constitution.
(a) To lay and collect taxes, duties, tariffs, and excises; to pay the debts and provide for the common defense and general welfare of the Nation. All duties and tariffs shall be uniform in nature throughout the Nation.
(b) To borrow money on the equity of the Nation.
(c) To regulate commerce with foreign nations.
(d) To establish a uniform rule of Naturalization and citizenship.
(e) To establish a uniform rule on the subject of bankruptcies.
(f) To coin money, regulate the value thereof, and of foreign money, and to fix a standard of weights and measures; and to provide for the punishment of counterfeiting the securities and current coin of the Nation.
(g) To establish post offices and postal services, national and foreign.
(h) To promote the progress of science, technologies, arts and culture, and environment.
(i) To declare martial law in the event of rebellion, and to provide calling forth the militia to execute the laws to suppress insurrections and to repel invasions.
(j) To raise and support armies and navy for National Peace and Security.
(k) To exercise exclusive legislation, in all cases whatsoever, over the Nation and possessions over all places purchased by lawful cession by the Nation of Hawaii, in foreign soil or territory.
(l) To define and punish piracies and felonies committed on the high seas, and offenses committed against the law of nations.
(m) To devise and make all laws necessary and proper for the execution of the powers vested by this constitution.
(n) To protect and defend the patent and copyright laws of the Nation.
(a) No member, in the capacity as an elected member in the House of Representatives, upon their own initiative, maypresent any measure or bill for consideration or passage before the Congress.
(b) No member, having been elected an Official shall, during the time for which he or she is elected, be appointed to any other office, or accept any emoluments, gifts, trusts, or contributions from any organization, group, corporation, or person, with the exception of cultural protocol.
(c) All elected and appointed officials who have the authority to issue funds of the Nation shall be bonded.
(d) No ex post facto law or bill of attainder laws may be passed.
Article VI The House of RepresentativesThe House of Representatives shall consist of Representatives elected by the qualified voters from the Districts in which the Representatives reside.
The House of Representatives shall be comprised of 112 representatives, 56 Nationals and 56 Citizens. Every Island shall elect their own representatives to the House of Representatives as follows:
(a) 14 Island of Hawaii
(b) 14 Island of Maui
(c) 14 Island of Moloka'i
(d) 14 Island of O'ahu
(e) 14 Island of Kaua'i
(f) 14 Island of Lana'i (to be held in trust until there is representation)
(g) 14 Island of Kaho'olawe (to be held in trust until there is representation)
(h) 14 Island of Ni'ihau (to be held in trust until there is representation)
Each Representative shall serve for a period of 3 years, beginning at the time of election and ending at the next general election.
Each Representative shall have attained the age of sixteen years, and shall be of good moral character and standing within the District. Each representative shall have resided within the community for no less than 4 years.
Any Representative of the House of Representatives shall propose for the passage into law any Resolution, Bill, or Act only upon the request by any initiative or proposal from any national, citizen, group, or organization duly represented in the Representative's District.
Any Vacancy preventing any member of the House of Representatives to function in his or her official capacity resulting in the removal from office shall be filled by a special election of the candidate within his or her respective district, or should there be no other candidates the appointment shall be made by the Senate.
The House of Representatives shall provide for the publication of all laws.
Each Resolution, Bill, or Act shall embrace but one subject, asdescribed by its Title.
Article VII The SenateThere shall hereby be established a Senate consisting of Kanaka Maoli Nationals. The Senate shall be elected to sit in Council for a specified term of office.
The Senate shall be comprised of 56 Members. Every Island shall elect their own members to the Senate to sit in the Congress as follows:
(a) 7 from the Island of Hawaii
(b) 7 from the Islands of Maui
(c) 7 from the Islands of Moloka'i
(d) 7 from the Island of O'ahu
(e) 7 from the Islands of Kaua'i
(f) 7 from Kaho'olawe (to be held in trust until there is representation)
(g) 7 from Ni'ihau (to be held in trust until there is representation)
(h) 7 from Lana'i (to be held in trust until there is representation)
There shall be a Council of Na Makua and Na 'Opio consisting of Kanaka Maoli Nationals. Na Makua and Na 'Opio shall be selected to sit in council with the Senate for a 2 year term of office.
The Senate shall sit in office for a term of 4 years, beginning at the time of election and ending at the time of the next general election.
All Senators shall be eligible for this office who are acknowledged and recognized by their peers as teachers of the culture, and each Island shall determine the qualifications of its Senators. Senators shall be no less than 45 years of age.
The Senate is hereby delegated the following Powers, Duties, and Responsibilities:
(a) The authority to initiate a Resolution, Bill, or Act whose subject relates to the preservation of Hawaiian cultural values.
(b) Each Senator, whenever any Resolution, Bill, or Act for maintaining cultural values has been duly presented to the Council for enactment into law, shall have one vote.
(c) Each proposed Resolution, Bill or Act for maintaining cultural values shall become valid upon the two-thirds majority vote of all the members in Council assembled.
(d) Whenever a Resolution, Bill, or Act for maintaining cultural values, passed by the Council and enacted into law by the Head of State, conflicts with a Resolution, Bill, or Act passed by the Congress, the Council law shall have supremacy.
(e) The Senate has concurrent veto power with the Head of State over legislation passed by the Congress. This Senate may accept a veto submitted to it by the Head of State by a two-thirds majority vote of the Council assembled within twenty days of receipt of the veto.
(f) The Senate shall be responsible for the establishment of a Schedule for voting and apportionment of Districts for all elected officials of government.
(g) The Senate shall have exclusive jurisdiction for impeachment and/or recall of government officials. The Senate shall promulgate the rules and restrictions for the impeachmentprocess. Notwithstanding this section, any official who commits a felony or other crime while in office, upon good and sufficient evidence found, shall be criminally indicted before a Tribunal having jurisdiction.
(h) The Senate shall advise and consent on all appointments made by the Executive Administration.
(i) At the request of the Senate, any official of the government of the Nation of Hawaii shall be required to disclose all relevant materials involving acts committed by that official in an official capacity.
Each Resolution, Bill, or Act shall embrace but one subject, as described by its Title. The enacting clause on each law shall read:
"Be it enacted by the Senate of the Nation of Hawaii."
There shall be established an Executive Administration, which shall consist of the Head of State, a Deputy Head of State, and all Ministries established for the purposes of executing the laws and the business of the Nation.
Article VIII The Head of State
There shall be elected among the qualified voters of the Nation, a Head of State and a Deputy Head of State, to execute and administer the laws of the Nation.
The Head of State and the Deputy shall hold office for the term of 4 years beginning at the time of election and ending at the next general election.
A person shall only be eligible to the Office of Head of State or Deputy Head of State who is a Kanaka Maoli National and Descendant, who has attained the age of 30 years, and has been 10 years a resident within the archipelago of Hawaii.
The Head of State is delegated with the following powers:
(a) The Head of State shall be the Commander-in-Chief of the armed services when called into the service of the Nation, and shall commission all officers of the Nation of Hawaii;
(b) The Head of State shall have discretion to grant reprieves and pardons, except in cases of impeachment;
(c) The Head of State shall make appointments of Ministers and executive officers, and shall fill vacancies in the Executive Administration;
(d) The Head of State may require the opinion, in writing, from the principal heads of these Ministries, upon any subject relative to the duties of their respective offices;
(e) The Head of State shall address to the Congress information of the state of the Nation, and recommend for their consideration measures as the Head of State shall judge expedient and necessary; and may on extraordinary circumstances convene the Senate or the House of Representatives, or both, for consideration of measures deemed necessary for the Nation's business;
(f) The Head of State shall conduct the foreign affairs of the Nation;
(g) The Head of State shall be required to faithfully uphold and execute the laws of the Nation;
(h) The Head of State, or his Deputy by direction of the Headof State, may petition the Congress for the passage into law any Resolution, Bill or Act relating to the Executive Administration, consistent with this Constitution.
The Head of State, upon the receipt of any Resolution Bill, or Act, lawfully passed by the House of Representatives or the Senate, shall faithfully sign all laws, and forthwith direct and execute said laws for implementation, excluding those laws over which the Head of State exercises the power of veto.
The Head of State, upon the receipt of any Resolution Bill or Act deemed unconstitutional or contrary to the will of the people, shall announce and in writing petition the Senate a message to veto said law within twenty days; and if any such Resolution, Bill, or Act is not acted upon by the Senate within the twenty day period, it shall become law.
(a) The Head of State may appoint Ambassadors and Consuls.
(b) The Head of State, his Ambassadors, Ministers or Consuls shall have authority to negotiate into Treaties, Conventions, or Agreements with foreign states.
The Deputy Head of State shall preside over the Congress. The Deputy shall be responsible to the Executive Administration, and for advising and informing the Head of State of all necessary information with regard to the order of business within the Congress.
In the event of the absence of the Head of State, the Deputy shall preside over the affairs of the Nation.
Article IX The Executive MinistriesThe House of Representatives shall provide by Charter for the creation of any Ministry for the Nation, as is deemed necessary, essential and proper for the faithful execution of the business of the Nation.
The House of Representatives shall provide for the creation of Ministries, as the Nation deems necessary and proper for the public benefit of the people.
Each Ministry shall have all functions listed in a Charter, and the Charter shall provide all legal authority and limitations for that Ministry. The Congress shall have full authority to modify a Charter at any time.
All Ministry personnel appointed by the Head of State shall be approved with the consent of a two-thirds vote of the Senate.
Article X The National TribunalsThe National Tribunals are hereby established to exercise solely all judicial authority and functions as established by this Constitution. The Judicial Power shall be vested in one Supreme Tribunal, and in such inferior tribunals as the Congress deems necessary and proper to establish. The Tribunals shall have original and appellate jurisdictions, or asthe House of Representatives shall provide by law.
(a) The Supreme Tribunal shall be presided over by the Chief Justice and four Associate Justices;
(b) The Supreme Tribunal shall exercise original jurisdiction in all cases affecting Ambassadors and diplomatic representatives;
(c) In all other cases, the Supreme Tribunal shall have appellate jurisdiction and review, both as to questions of law and fact, as the House of Representatives shall provide by law.
All judges shall be selected by the Senate.
The Supreme Tribunal shall promulgate rules and regulations in all civil and criminal cases with regards to procedure and appeals, which shall have the force and effect of law, with the advice and consent of a two-thirds vote of the Senate.
The Circuit and District Tribunals shall have original jurisdiction in all civil and criminal cases, within the Circuit and District in which they sit.
Every judge shall be a Kanaka Maoli National, and use common sense to justify fairness, compassion, firmness and honesty in customary Hawaiian law and the laws of this Constitution.
No judge or member of the Tribunals shall exercise any political or administrative function, or engage in any other occupation of a professional nature.
Article XI ElectionsThere is hereby established a General Elections process.
(a) Every National or Citizen of the Nation of Hawaii who has attained the age of 16, has been a resident of the Archipelago of Hawaii for not less than 3 years, and is a registered voter as provided by law, shall be qualified to vote.
(b) No person who is convicted of a felonious crime shall be qualified to vote, until such time as the person has fully served the sentence imposed or has been pardoned.
(c) The House of Representatives shall provide by law for the registration of voters.
All elected, public and civil officials upon entering their duties shall take the following Oath:
"I ..., do solemnly affirm in the presence of ke Akua, the Nation of Hawaii and its people, that I will honor, support and defend the Constitution and the laws of this Nation, and that I will faithfully execute and discharge my duties as ..., to the best of my knowledge and ability, so help me Akua."
Article XII Administrative Laws
All elected members of the Congress, the Executive Administration, and the Tribunals shall receive faircompensation for their services. The House of Representatives shall provide by law, wages or compensation for all government employees. All government employees shall serve in their official capacities based upon these individual contractual obligations.
No governmental official, during the time for which he or she is elected, shall be appointed to any other office, or accept any money, emoluments, gifts, trusts, or contributions from any organization, group, corporation, person, or otherwise, with the exception of cultural protocol.
The Constitution and all Treaties made under the authority of the Nation shall be the Supreme Law of the Land. All elected officials, judges and officers of the Nation are bound by Oath thereby, anything contrary to the Constitution and the Laws of the Nation notwithstanding.
All citizens have a right to enforce the Constitution, Treaties, and laws of the Nation in any court or Tribunal having jurisdiction.
Any official of the government for the Nation of Hawaii shall have sovereign immunity, but only if said official was acting within the proper scope of his or her authority. No official shall have immunity for criminal acts committed, whether or not such acts were done within the scope of the official's authority.
All citizens have a right of free access to public documents.
Article XIII Home Rule
(a) Home Rule is defined as those powers not specifically of a National character relating to Island or local government. Home Rule allows each Island to administer its own affairs without interference from the National Government.
(b) Island Administration.
Each Island shall create an administration for those affairs which are the exclusive purview of the Island.
Domestic responsibilities of each Island are those powers not specifically reserved to the National government in this Constitution. Each Island shall be responsible for allocating powers of the Island government.
Each Island shall be responsible for setting up its own administration, which shall be of the same democratic form as the National government. Each Island government shall be independent from any other, and no Island shall be responsible for the actions of another Island.
There shall be no laws or regulations inconsistent with this constitution.
Article XIV Amendments
Any citizen registered to vote may propose an amendment to this Constitution. An Amendment must be brought forth as a proposition to the Congress, which must pass the Amendment by a two-thirds vote. The Amendment shall then be brought before the people of this Nation by referendum for a two-thirds vote of the qualified voters. Should the Amendment be approved, it shall take effect no less than 30 days after passage.
Article XV Citizenship
(a) Kanaka Maoli National.
A Kanaka Maoli is defined as any person who by birth or national origin and ancestry is a descendant of the original inhabitants who prior to 1778 exercised sovereignty over the Archipelago of Hawaii.
(b) Citizens, Naturalized.
The Congress shall provide by law a naturalization process for all persons who qualify and choose to become citizens of the Nation.
Article XVI Laws Pertaining to Lands and Cultural Preservation
Prior to 1778, the Kanaka Maoli Nationals lived in a communal land tenure system, and every National had the right and privilege to receive and acquire the use of land.
The Senate shall provide laws for a transitional system of land use for all its Nationals and Citizens.
No person or group of persons, or entity or groups of entities, may own or dispose of National land, all National land being held in trust for the Kanaka Maoli Nationals by this government. A person may apply for the usage of these lands, consistent with the requirements of law.
All national lands and resources heretofore lawfully claimed by the Kanaka Maoli Nationals are held in absolute common undivided interest held in perpetuity for the Kanaka Maoli Nationals forever.
This Constitution, and all laws enacted hereunder, shall not infringe upon the right of the Kanaka Maoli Nationals to preserve their traditional culture. No law shall be enacted towards the destruction of either the culture or the practice of any Kanaka Maoli in his or her traditional culture.
Article XVII Transitional Provisions
Upon the ratification of this Constitution, any illegal entity, corporate or otherwise, shall not be immediately dissolved. The Nation of Hawaii shall provide sufficient notice to these entities and their responsible officers, agents, owners, or otherwise. Time shall be granted to allow these entities to state their claims and desire to function under the Nation of Hawaii.
All illegal occupying governmental agencies of the State of Hawaii, the United States of America, corporate entities, foreign governments and individuals shall be responsible andaccountable for the actions of their agents and officials in any criminal or civil claims under either this Constitution or international customary, conventional or criminal law.
Any settlement of claims between the Nation of Hawaii and the United States of America can only be resolved by a Treaty which has been accepted in accordance with this Constitution.
This Constitution, and any laws hereunder enacted, shall not limit the lawful government hereby constituted from seeking any other remedy provided by law.
The illegal occupying foreign regime of the State of Hawaii and the United States of America may continue to provide services in Hawaii to such extent necessary as the government of the Nation of Hawaii shall deem proper and expedient for a peaceful transition towards restoration.
Upon the ratification of this Constitution, all laws of the State of Hawaii and the United States of America inconsistent with this Constitution are hereby repealed and have no force and effect.
For methodology see:
Comparing Constitutions and International Constitutional Law.
©
1994 - 27.6.2020
/ For corrections please contact
A. Tschentscher.