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25 N.M. L. Rev. 65 (1995)
Recognizing Na Kanaka Maoli's Right to Self-Determination

handle is hein.journals/nmlr25 and id is 71 raw text is: RECOGNIZING NA KANAKA MAOLI'S RIGHT TO SELF-DETERMINATION Ua mau ke ea o ka 'dina i ka pono. -King Kamehameha III, Kauikeaouli, 1843 INTRODUCTION Resolving that the Hawaiian nation would survive the threats of foreign takeover and live through justice, King Kamehameha III proclaimed, Ua mau ke ea o ka 'ina i ka pono (the sovereignty of the land is perpetuated through righteousness).' These words continue to motivate na kanaka maoli2 (the real people), the indigenous people of Hawai'i, in their pursuit of self-determination and sovereign status among the nations of the world. The sovereignty movement of nd kanaka maoli is more than a decade old and continues to grow stronger.3 Once considered crazy and radical, the movement now has widespread public support.4 On January 17, 1993, over ten thousand people crowded around 'Iolani Palace in Honolulu, Hawai'i, to commemorate and relive the January 17, 1893, overthrow of Queen Lili'uokalani and the Kingdom of Hawai'i.5 Some kanaka maoli have refused to recognize the authority of the State of Hawai'i and the United States and their presence in the Hawaiian islands.6 Nd kanaka maoli strongly assert their right to self-determination. As indigenous people, na kanaka maoli possess the inherent right to self-determination.7 However, the enforceability of this right in domestic and international fora faces serious obstacles. The rights of individuals and groups under the Constitution and laws of the United States do not I. See GAVAN DAWS, SHOAL OF TIME: A HISTORY OF THE HAWAIIAN ISLANDS 117 (1968). 2. Na kanaka maoli is the Hawaiian phrase referring to the indigenous people of Hawai'i who are often referred to in Anglo-American terms as Native Hawaiians. Na kanaka maoli used this phrase to identify themselves to western explorers upon first contact. NW is the plural form of the definite article the. MARY KAWENA PUKUI ET AL., THE POCKET HAWAIIAN DICTIONARY 112 (1975). Na is dropped whenever determiners other than the plural the, such as some and other are used. Kanaka means human being, person, individual. Id. at 55. Maoli means native, indigenous, genuine, true, real. PUKUI, supra, at 104. NJ kanaka maoli means the real people. The term Native Hawaiians is used often in legislation enacted by the United States Congress and the State of Hawai'i. The phrase is used interchangeably with na kanaka maoli. 3. Susan Essoyan, First Hawaiians Seek Return to Some Sovereignty; Few Want to Revert to a Monarchy. But Many Seek Self-Determination Such as American Indians Have, L.A. TIMES, July 22, 1992, at A5; Robert Reinhold, A Century After Queen's Overthrow, Talk of Sovereignty Shakes Hawaii, N.Y. TIMES, Nov. 8, 1992, § 1, at 24; Lou Cannon, Waving (and Lowering) Flag in Hawaii; Pride, Anger Result as Governor Pushes Native People's Cause on Coup's Centennial, WASHINGTON POST, Jan. 17, 1993, at A33. 4. Essoyan, supra note 3. 5. 10,000 Mark Hawaiian Monarchy's End, L.A. TIMES, Jan. 18, 1993, at A9. 6. Reinhold, supra note 3; Poka Laenui, Hawaiian Dialogue, in HE ALo A HE ALO: HAWAIIAN VOICES ON SOVEREIGNTY 125 (1993). 7. See infra notes 107-43 and accompanying text.

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