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HAWAI`I CONSTITUTION

16 January 1995

CONTENTS

Preamble

Proclamation of Restoration

Chapter I Rights and Equal Protection

Chapter II Structure

Business of the Nation
The Legislative General Assembly of the Nation of Hawai`i

Executive Powers
The Executive Administration

Judiciary

Chapter III Administration of the NationRatification


Preamble

Aloha Ke Akua

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 Hawai'i 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 Hawai'i 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 Kupuna, 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 Kupuna advise and consent, Makua act and lead, and 'Opio help and learn;

Thereby, We the People of the Nation of Hawai'i, do hereby ordain and establish this Constitution.

Proclamation of Restoration

The Proclamation of Restoration of the Independent and Sovereign Nation-State of Hawai'i of January 16, 1994, is hereby adopted on behalf of the people of the Nation of Hawai'i, and is incorporated into this Constitution with full force and effect as law.

Chapter I
Rights and Equal Protection

Article I
Declaration of Fundamental Rights

Ke 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.

Section 1. The Fundamental Rights.

Article II
Enumerated Rights

The people of the Nation of Hawai'i, 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:

Section 1. In all civil cases.

Section 2. In any criminal prosecutions of an accused.

Section 3. Ho'oponopono.

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

Section 1. Protection against discrimination.

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.

Section 2. Protection against police powers.

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.

Section 3. Infamous crime.

No individual shall be held to answer for any infamous crime, unless upon the presentment of indictment by a grand jury.

Section 4. Protection against the imposition of the death penalty.

There shall be no death penalty.

Section 5. Protection against unreasonable punishment.

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 Hawai'i 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

Section 1. Other Rights Retained by the People.

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.

Section 2. National Review of the Nation's Constitution.

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.

Chapter II
Structure

Business of the Nation

The Legislative General Assembly of the Nation of Hawai'i

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 Legislative General Assembly composed of Na Kupuna Council and the Citizens' Assembly. All powers and subjects of legislation shall not be inconsistent with this Constitution.

Article V
Legislative Powers and Limitations

The Legislative General Assembly 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.

Section 1. Of Making Laws, Generally.

Section 2. Limitations.

Article VI
The Citizens' Assembly

The Citizens' Assembly shall consist of Representatives elected by the qualified voters from the Districts in which the Representatives reside.

Section 1. Composition

The Citizens' Assembly shall be comprised of 112 representatives, 56 Nationals and 56 Citizens. Every Island shall elect their own representatives to the Citizens' Assembly as follows:

Section 2. Terms of Office.

Each Representative shall serve for a period of 3 years, beginning at the time of election and ending at the next general election.

Section 3. Qualifications.

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.

Section 4. Powers and Duties.

Any Representative of the Assembly 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.

Section 5. Upon Vacancy in the Citizens' Assembly.

Any Vacancy preventing any member of the Citizens' Assembly 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 Na Kupuna Council.

Section 6. Publication of Laws.

The Citizens' Assembly shall provide for the publication of all laws.

Section 7. Passage of Laws.

Each Resolution, Bill, or Act shall embrace but one subject, as described by its Title.

Article VII
Na Kupuna Council

There shall hereby be established a Na Kupuna Council consisting of Kanaka Maoli Nationals. Na Kupuna Council shall be elected to sit in Council for a specified term of office.

Section 1. Composition.

Na Kupuna Council shall be comprised of 56 Members. Every Island shall elect their own members to Na Kupuna to sit in the Legislative General Assembly as follows:

Section 2. Na Makua and Na 'Opio Council

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 Na Kupuna Council for a 2 year term of office.

Section 3. Term of Office.

Na Kupuna Council 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.

Section 4. Qualifications for Office.

All Kupuna shall be eligible for this office who are acknowledged and recognized ('ike) by their peers as teachers of the culture, and each Island shall determine the qualifications of its Kupuna. Kupuna shall be no less than 45 years of age.

Section 5. Powers, Duties, and Responsibilities of Na Kupuna.

Na Kupuna Council is hereby delegated the following Powers, Duties and Responsibilities:

Section 6. Passage of Laws.

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 Na Kupuna Council of the Nation of Hawai'i."

Executive Powers
The Executive Administration

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

Section 1. Head of State and Deputy 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.

Section 2. Term of Office.

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.

Section 3. Qualifications.

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 Hawai'i.

Section 4. Powers, Duties, and Responsibilities.

The Head of State is delegated with the following powers:

Section 5. Powers to execute laws.

The Head of State, upon the receipt of any Resolution Bill, or Act, lawfully passed by the Citizens' Assembly or Na Kupuna Council, 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.

Section 6. 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 Na Kupuna Council a message to veto said law within twenty days; and if any such Resolution, Bill, or Act is not acted upon by Na Kupuna within the twenty day period, it shall become law.

Section 7. Of Foreign Relations.

Section 8. Deputy Head of State.

The Deputy Head of State shall preside over the Legislative General Assembly. 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 Legislative General Assembly.

Section 9. In the absence of the Head of State.

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 Ministries

The Citizens' Assembly 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.

Section 1. Creation of Ministries.

The Citizens' Assembly shall provide for the creation of Ministries, as the Nation deems necessary and proper for the public benefit of the people.

Section 2. Charters of the Ministries.

Each Ministry shall have all functions listed in a Charter, and the Charter shall provide all legal authority and limitations for that Ministry. The Legislative General Assembly shall have full authority to modify a Charter at any time.

Section 3. Heads of Ministries, Departments.

All Ministry personnel appointed by the Head of State shall be approved with the consent of a two-thirds vote of Na Kupuna Council.

Judiciary

Article X
The National Tribunals

The 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 Legislative General Assembly deems necessary and proper to establish. The Tribunals shall have original and appellate jurisdictions, or as the Citizens' Assembly shall provide by law.

Section 1. Supreme Tribunal.

Section 2. Selection of Judges.

All judges shall be selected by Na Kupuna Council.

Section 3. Promulgation of Rules for the Tribunals.

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 Na Kupuna Council

Section 4. Circuit and District Tribunals.

The Circuit and District Tribunals shall have original jurisdiction in all civil and criminal cases, within the Circuit and District in which they sit.

Section 5. Qualifications of Judges.

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.

Section 6. Independence.

No judge or member of the Tribunals shall exercise any political or administrative function, or engage in any other occupation of a professional nature.

Chapter III
Administration of the Nation

Article XI
Elections

There is hereby established a General Elections process.

Section 1. Voting Qualifications.

Section 2. Oath of Office.

All elected, public and civil officials upon entering their duties shall take the following Oath:
"I [name], do solemnly affirm in the presence of ke Akua, the Nation of Hawai'i 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 [office], to the best of my knowledge and ability, so help me Akua."

Article XII
Administrative Laws

Section 1. Compensation.

All elected members of the Legislative General Assembly, the Executive Administration, and the Tribunals shall receive fair compensation for their services. The Citizens' Assembly 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.

Section 2. Limitations.

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.

Section 3. Supremacy Clause.

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.

Section 4. Enforcement.

All citizens have a right to enforce the Constitution, Treaties, and laws of the Nation in any court or Tribunal having jurisdiction.

Section 5. Immunity.

Any official of the government for the Nation of Hawai'i 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.

Section 6. Public Access.

All citizens have a right of free access to public documents.

Article XIII
Home Rule

Section 1. Definitions.

Section 2. Administration.

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.

Section 3. Island Administration.

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.

Section 4. Limitation.

There shall be no laws or regulations inconsistent with this constitution.

Article XIV
Amendments

Section 1. Amendments, How Instituted.

Any citizen registered to vote may propose an amendment to this Constitution. An Amendment must be brought forth as a proposition to the Legislative General Assembly, 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 XVCitizenship

Section 1. Citizenship.

Article XVI
Laws Pertaining to Lands and Cultural Preservation

Section 1. National lands of the Kanaka Maoli Nationals.

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.

Section 2. Transition to communal land tenure.

Na Kupuna shall provide laws for a transitional system of land use for all its Nationals and Citizens.

Section 3. Communal land tenure.

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.

Section 4. Claims of the Kanaka Maoli Nationals.

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.

Section 5. Cultural Preservation.

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

Section 1. Corporate Entities.

Upon the ratification of this Constitution, any illegal entity, corporate or otherwise, shall not be immediately dissolved. The Nation of Hawai'i 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 Hawai'i.

Section 2. Accountability.

All illegal occupying governmental agencies of the State of Hawai'i, the United States of America, corporate entities, foreign governments and individuals shall be responsible and accountable 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.

Section 3. Requirement for treaty.

Any settlement of claims between the Nation of Hawai'i and the United States of America can only be resolved by a Treaty which has been accepted in accordance with this Constitution.

Section 4. No limitations for remedies.

This Constitution, and any laws hereunder enacted, shall not limit the lawful government hereby constituted from seeking any other remedy provided by law.

Section 5. Governmental transition.

The illegal occupying foreign regime of the State of Hawai'i and the United States of America may continue to provide services in Hawai'i to such extent necessary as the government of the Nation of Hawai'i shall deem proper and expedient for a peaceful transition towards restoration.

Section 6. Repeal of inconsistent legislation.

Upon the ratification of this Constitution, all laws of the State of Hawai'i and the United States of America inconsistent with this Constitution are hereby repealed and have no force and effect.

Ratification

Done in Convention by the Unanimous Consent of na Kanaka Maoli present at
`Iolani Palace, Honolulu, O`ahu o Hawai`i Nei this Sixteenth Day of January in the Year of Our Lord one thousand nine hundred and ninety five for the Independence of our Nation in Witness whereof We hereunto place our names,


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