COUNTY OF CHAMPAIGN )
) S.S.
STATE OF ILLINOIS )
)
AFFIDAVIT OF FRANCIS A. BOYLE
I, FRANCIS A. BOYLE, depose and declare under penalty of perjury as
follows:
1. I am a Professor of Law at the University of Illinois College of Law at Champaign. My area of expertise is in international law. I teach courses in international law at the College of Law at Champaign. I am also an Attorney-at-Law in good standing before the Bars of the Supreme Judicial Court of the Commonwealth of Massachusetts and the United States Supreme Court, as well as a variety of United States Federal Courts. I have also practiced law before the International Court of Justice in The Hague, the so-called World Court of the United Nations System. I have attached my Resumé to this Affidavit and I hereby incorporate that information herein by reference.
2. I have a longstanding attorney-client relationship with Mr. Dennis "Bumpy" Kanahele that goes back to December of 1993. Mr. Kanahele is currently on trial in Federal District Court in Honolulu Hawaii. I have been asked by his attorney of record for this trial, Mr. Hayden Aluli, to produce this Affidavit. This request has been made with the full knowledge and approval of Mr. Kanahele. Therefore, this Affidavit is being produced pursuant to a strictly limited and one-time only waiver of attorney-client confidences by Mr. Kanahele.
3. To the best of my recollection, sometime during the early Fall of 1993, I received a telephone call from Mr. Kanahele who identified himself as a Native Hawaiian, the leader of the Ohana Council, and a Commissioner of the Hawaiian Sovereignty Advisory Commission (HSAC) for the State of Hawaii.
Mr. Kanahele informed me that he and his people were giving serious consideration to moving toward independence. In his capacity as HSAC Commissioner, Mr. Kanahele invited me to come out to Hawaii and speak before the HSAC and to his people about the international legal right of the Native Hawaiian People to establish an independent nation state of their own. I informed Mr. Kanahele that I would be happy to do this, but that outstanding professional commitments would prevent me from coming to Hawaii until the end of December 1993.
4. Mr. Kanahele then put me in touch with Ms. Lulani McKenzie, who was the Executive Director of HSAC. All three of us agreed that I would come out to Hawaii during the last week of December 1993. We further agreed that I would give one public lecture to the HSAC Commissioners and the general public on the right of the Native Hawaiian People to establish an independent state of their own--specifically with reference to Public Law No. 103-150, that had just been signed into law by President Clinton. We also agreed that I would make one personal appearance before the HSAC Commissioners to answer any questions they might have about my public lecture. In return, Ms. McKenzie informed me that the State of Hawaii would pay all of my out-of-pocket expenses incident to my trip to Hawaii and a modest Honorarium for my professional services. These terms were acceptable to me. The State of Hawaii did indeed pay all of my out-of-pocket expenses and I was later sent a check by the State of Hawaii signed by then Governor Waihee for the Honorarium. Therefore, I considered myself to have been hired by the State of Hawaii as an official consultant on international law to HSAC and the Commissioners, including Mr. Kanahele, for the aforementioned purposes.
5. On Sunday, December 26, 1993, I flew to Hawaii and met Mr. Kanahele for the first time. He immediately proceeded to seek my legal advice and counsel as to the establishment of an independent nation state for Native Hawaiians. Therefore, I date the establishment of my attorney-client relationship with Mr. Kanahele to these conversations on December 26, 1993.
These conversations with Mr. Kanahele continued almost fulltime until my departure from Hawaii on the late evening of Thursday, December 30, 1993.
6. On the evening of December 28, 1993, I gave a public lecture to the Hawaiian Sovereignty Advisory Commission on the subject of The Restoration of the Independent Nation State of Hawaii Under International Law at Mabel Smyth Hall in Honolulu under the official auspices of HSAC. The address and question-and-answer session with the Commissioners and the members of the public took approximately three hours. Mr. Kanahele sat in the audience with the other HSAC Commissioners for the entire Address and question-and-answer session. There is available a verbatim transcription of my 28 December 1993 Address to the HSAC Commissioners that I would be happy to make available to the Honorable Court upon your request. As I understand it, there is also a videotape of my Address that I believe Mr. Aluli could make available to the Honorable Court at your request. I later published a slightly revised and edited version of my Address in Volume 7 of the St.
Thomas Law Review Symposium Issue on "Tribal Sovereignty: Back to the Future?" under the title Restoration of the Independent Nation State of Hawaii Under International Law, pages 723-56 (Summer 1995). I believe a copy of this article has been submitted to the Court by Mr. Aluli.
7. The very next morning, on December 29, 1993, I made a personal appearance before the HSAC Commissioners at a government building in downtown Honolulu to answer any questions they might have about my Address the preceding evening. This session was open to the public, but essentially it was designed to permit a dialogue between the Commissioners and me. This session lasted approximately three hours. Mr. Kanahele was present at this session for the entire time in his capacity as HSAC Commissioner.
8. Later that day, and after further consultation with me, Mr.
Kanahele decided to resign as HSAC Commissioner because he concluded that his fellow Commissioners were not seriously interested in considering the option of creating an Independent Nation State for Native Hawaiians.
Sometime after my departure from Hawaii on 30 December 1993, Mr. Kanahele informed Governor Waihee of his decision to resign from HSAC for these reasons.
9. While I was in Hawaii Mr. Kanahele asked me to help draft the functional equivalent of a Declaration of Independence for him, the Ohana Council, and all the Native Hawaiian People. I agreed to do this. This document was completed just before my departure from Hawaii. Pursuant to conversations I had with Mr. Kanahele, we decided to call this document "Proclamation Restoring the Independence of the Sovereign Nation State of Hawaii." I believe a copy of this Proclamation has already been provided to the Court by Mr. Aluli.
10. During my time in Hawaii, and at my express request, Mr. Kanahele
took
me around all of the Hawaiian Islands to meet his people at their homes and encampments on the beaches of Hawaii. During these meetings, I gave many lectures that basically repeated the substance of my 28 December 1993 Address, and answered any questions these people might have. I estimate that I gave approximately two to three lectures per day for every day I was in Hawaii. Mr. Kanahele attended almost all of these lectures in his then current capacity as HSAC Commissioner.
11. Quite frankly, as a human being and as a lawyer, I was appalled by the atrocious conditions in which these Native Hawaiians were forced to live in a beautiful land that was once all their own.
12. I flew back home on the late evening of Thursday, December 30,
1993 in order to arrive home on time to spend New Years Eve with my wife. I have not yet had the opportunity to return to Hawaii. But I have remained in continuous contact with Mr. Kanahele and his people by phone, fax, and mail until today.
13. On 16 January 1994, Mr. Kanahele and a fairly large number of Native Hawaiians declared their independence from the United States for all Native Hawaiians and issued the Proclamation to that effect which I helped him draft. Soon thereafter, Mr. Kanahele and his people established themselves as the Independent Nation State of Hawaii. Mr. Kanahele asked me to serve as Legal Adviser to the Nation of Hawaii, which I agreed to do.
Thereafter, I have provided legal advice and counsel to Mr. Kanahele and the citizens of the Nation of Hawaii concerning the establishment of their state continuously until today. I have also given them all legal advice and counsel concerning the protection of the human rights of Native Hawaiians continuously until today.
14. Pursuant to Mr. Kanahele's request, I participated in drafting a Constitution for the Nation of Hawaii. Upon the adoption of the Constitution by the citizens of the Nation of Hawaii, Mr. Kanahele became Head of State of the Nation of Hawaii. In this capacity, Mr. Kanahele is entitled to receive all the privileges and immunities, respect and deference, that must be accorded to a Head of State as required by the general principles of public international law.
15. During my many conversations with Mr. Kanahele over the phone and in person during the past two years, he has repeatedly emphasized to me the critical importance of adopting exclusively peaceful and nonviolent means for the establishment of the Nation of Hawaii in accordance with the Native Hawaiian spirit of Aloha. During the past two years, I have never had any reason to doubt Mr. Kanahele's sincere commitment to the pursuit of peaceful, nonviolent means for the establishment of the Nation of Hawaii in the spirit of Aloha.
16. I have never charged Mr. Kanahele or the Nation of Hawaii any fee for my professional services and they have never paid me any fee. I have assumed the representation of Mr. Kanahele and the Nation of Hawaii out of great respect and admiration for him personally and for the Native Hawaiian People. My representation of Mr. Kanahele and the Nation of Hawaii is pro bono publico in the true sense of that term.
Further sayeth Affiant not.
Respectfully submitted,
Francis A. Boyle
Professor of Law
Attorney at Law
PROCLAMATION OF THE RESTORATION OF THE INDEPENDENCE
OF THE SOVEREIGN NATION STATE OF HAWAI`I
January 16, 1994
`Iolani Palace
Honolulu, O`ahu, Hawai`i
[Official English Version]
Today, We, the Kanaka Maoli, proclaim our Right of
self-determination as a People in accordance with Article 1 (2) of the
United Nations Charter, and join the World Community of States as an
Independent and Sovereign Nation. We hereby reestablish our Independent and
Sovereign Nation of Hawai`i, that was illegally taken from the Kanaka Maoli
on January 17, 1893.
By virtue of our Right to self-determination, the Kanaka Maoli claim
this Right to freely determine our political status and freely pursue our
economic, social and cultural development in accordance with common Article
1 of the International Covenant on Civil, and Political Rights and the
International Covenant on Economic, Social and Cultural Rights.
We, the Kanaka Maoli, claim our Right for our own ends, to freely
control and dispose of our natural wealth and resources, including our lands
and our waters, without prejudice to any obligations arising out of
international economic cooperation, based upon the principle of mutual
benefit and international law.
We, the Kanaka Maoli, claim all our Land, Natural Wealth, Resources,
Minerals, and Waters, which have always resided and will always reside
within the hands of the Kanaka Maoli, to be ours forever, originally under
communal land tenure.
Ka Pae `Aina O Hawai`i (the Hawaiian Archipelago) comprises 132
islands, reefs and shoals, stretching 1,523 miles (2,451 kilometers)
southeast to northwest across the Tropic of Cancer between 154 40' to 178
25' W longitude and 18 54' to 28 15' N latitude, consisting approximately of
a total land area of 6,425 square miles (16,642 square kilometers),
including 1 percent of less than six square miles of land area made up of
islands off the shores of the main islands and the Northwestern Hawaiian
Islands, from Kure Atoll in the North to Nihoa in the South, also Palmyra
Island, Midway and Wake Islands, and all Lands that have resided with the
Kanaka Maoli since time immemorial. The Hawaiian Islands form an
Archipelago, which extends over a vast area of the Pacific Ocean, possessing
a 12 mile Territorial Sea, and the 200 mile Exclusive Economic Zone, in
accordance with generally recognized Standards of International Law.
In the Independent and Sovereign Nation of Hawai`i lives the Kanaka
Maoli. We have resided here forever, from time immemorial. We have displaced
no other people. We, the Kanaka Maoli, are the original inhabitants and
occupants of these Islands. We have always been in possession of our Land
and are entitled to re-establish our Independent and Sovereign Nation.
The current citizens of the Independent and Sovereign Nation of
Hawai`i consist of all those who are descendants of the Kanaka Maoli prior
to the arrival of the first westerners in 1778, and those persons, and their
descendants who have lived in Hawai`i prior to the illegal overthrow,
invasion and occupation of January 17, 1893, in the area which now
constitutes the Archipelago of the Independent and Sovereign Nation of
Hawai`i.
The Independent and Sovereign Nation of Hawai`i will establish
procedures for according citizenship by means of naturalization to all
people who are habitual residents of Hawai`i as of today's date.
We, the Kanaka Maoli, fully support and subscribe to all of the
Rights of the 1948 Universal Declaration of Human Rights for all of the
people living in our Independent and Sovereign Nation of Hawai`i, and hereby
adopt these protocols on behalf of the citizens of the Independent and
Sovereign Nation of Hawai`i.
The Independent and Sovereign Nation of Hawai`i adheres to the
generally recognized principles of International Law, including the terms of
the United Nations Charter. We will apply for membership in the United
Nations Organization. We will conclude other international treaties and
agreements at the appropriate time. In the meantime, we call upon the
foreign military occupation forces in the Independent and Sovereign Nation
of Hawai`i to withdraw from our Sovereign Territory immediately.
We, the Kanaka Maoli, have maintained our close relationship to the
`aina (land) and its natural surroundings, through practices spiritual and
wholistic in nature and in harmony with natural law. The `aina is sacred to
us. It sustains us.
Prior to the first European invasion of 1778, Hawai`i was known to
have an unique culture and system of government. Through customs and
traditional practices, the Kupuna (Elders), were highly regarded and
respected as the Keepers of Wisdom and Knowledge, in a highly organized
self-sufficient and sustainable social system, based on a communal land
tenure system. The Kupuna were always consulted to maintain order and
ho`oponopono.
We, the Kanaka Maoli, today embody within our governmental structure
traditional customs and culture of the `Aha Kuka O Na Kupuna (Council of
Elders), based on mutual respect, traditional practice, and family order.
Their consultation on many decisions is highly regarded as the basis of all
authority and principle, as handed down through generations of teachings.
The Kanaka Maoli's natural ability and practice of Natural Law, commonly
known and exercised, due to our deep spiritual connection to nature, and by
the use, application and practice of the Laws of Nature, then as now. We,
the Kanaka Maoli, believe that all things have life, be they animate or
inanimate, as everything has been derived and created from one Source, the
Creator.
We, the Kanaka Maoli, respectfully continue to seek the guidance and
consultation of our Kupuna, be it Spiritually, Mentally, Physically,
Socially or Politically, in consultation and decisions that affect our
lives, to restore and protect the customs and teachings of our culture,
language and knowledge from being exploited, desecrated and driven to
eventual extinction. For all these reasons, the Kupuna Council will serve as
the Provisional Government of the Independent and Sovereign Nation of
Hawai`i, to provide measures of development, until such time when the Kanaka
Maoli will convene a Constitutional Convention.
Despite the historical injustices and abuse that have documented a
dark chapter in the lives of the Kanaka Maoli, so unimaginable to the
conscience of humanity and to all human life as a whole, we have come to
realize that in the course of these modern times, we could never depart or
separate our undying love, our connection, or our sacred ties from the
Spirit of this Land, Aloha `Aina, which is the heart and life of all living
things, as taught and handed down from the ancient wise ones (Kupuna). We
must protect our sacred `aina from such invasion and exploitation, to
liberate it from alien destructive forces, and preserve and protect our
Cultural Heritage for future generations, from the devastation of
extinction.
We, the Kanaka Maoli, have continued to exercise, practice and
occupy our lands, despite the continued subjection, domination and
exploitation by the forces of the occupying foreign powers, denying us our
inalienable rights to self-determination, Independence and Sovereignty. Thus
have well recognized principles of International Law been violated. Thus
were our national identity, land, resources, Right to Sovereignty over our
Territory violated, and a peaceful people overthrown by the invasion of
foreign powers, who continue to occupy, exploit and destroy our way of life.
We, the Kanaka Maoli, have united at this very historic and symbolic
place, the `Iolani Palace, wherein we remember the last days and tragic
moments in our history, that have affected the safety and well-being of our
people, to which our beloved Kupuna and Queen Liliuokalani and her
commitment to restore the rights of our people, have been stolen. Her
dedicated endurance against foreign powers who committed such acts of
aggression and force, threats of fear and imprisonment, knowingly in
violation of numerous treaties, agreements and principles of international
customs and law, has never faltered, for the Love of her people, and those
who stood on truth and justice, and shall prevail here, now and forever.
We, the Kanaka Maoli, here today in flesh and in Spirit, share that
same commitment. It is the duty and obligation of every Kanaka Maoli, young
and old, to stand ready to restore and defend our national rights,
territorial integrity and independence, without prejudice, and reject and
resist unlawful acts, injustice and complicity, violence and terrorism,
against our political independence, and do summarily reject such use of
violence and force against the territorial integrity of other peaceful
states.
If not for those who have continued the struggle for peace, justice
and honor, our beloved who have passed in this life and continue standing in
spirit beside us here today.
If not for those who have sacrificed their families and lives, who
have desired to go to prison rather than be forced to adhere to unjust
principles and acts, and who have gone through the crossroads of temptation.
If not for those of us who have awaited this day, who have
considered the facts and evidence of such acts of oppression, subjugation
and fear, and the loss of their honor, dignity, pride and esteem.
We, the Kanaka Maoli, have historically been the victims of crimes
against humanity and genocide, as defined by the Nuremberg Charter and
Genocide Convention.
We, the Kanaka Maoli, have the duty to heal our wounds and restore
our integrity, for many have given their lives for us to be here today, that
all Kanaka Maoli can once again determine to protect the future destiny of
our children, our children's children and their heritage.
The Independent and Sovereign Nation of Hawai`i proclaims its
commitment to the purposes and principles of the United Nations Charter. The
Kanaka Maoli have long been recognized as a peaceful, loving Nation,
choosing to live in peaceful co-existence with other peaceful Nation States,
based on liberty, equality, truth and justice, and for the respect of our
undying Spirit of Aloha as well as for the Inalienable Rights of Humanity.
We, the Kanaka Maoli, proclaim that despite continued interference
of our rights to self-determination, Rights of Sovereignty and Right of
Independence by the foreign occupying powers, we stand this day, in all
honor, dignity and respect for this Sacred Land, to restore our Independent
and Sovereign Nation of Hawai`i.
We, the Kanaka Maoli, pledge that our commitment will continue,
until the illegal occupation ends, the revival of the culture of our
Independent and Sovereign Nation of Hawai`i has been fortified, the Aloha
Spirit is once again fully restored, and the Spirit of Justice, Freedom and
Liberation shall once again bring Peace on Earth for all Humanity.
We call upon our Kanaka Maoli people, and upon all Nations of the
World, to unite and act this day, to declare and proclaim our Inalienable
Sovereignty of the Nation State of Hawai`i, fully restored and functional,
and to arise in the uniting of freedom and dignity in our homeland, which is
the homeland of the Kanaka Maoli, now and forever.
Therefore, the Kupuna, in General Council Assembled, by the
Authority recognized and vested in the Aha Kuka O Ka Ohana, in the name of
the Kanaka Maoli people, to preserve and to forevermore cultivate the
Heritage and Culture of the Kanaka Maoli, do solemnly publish, declare and
proclaim that the Independent and Sovereign Nation of Hawai`i, is free and
absolved from any other political connection with any other Nation State.
Those who disregard the Principles and Rule of the Law of Nations, Justice,
Integrity, Morality of Character, and Humanity, by force and acts of
aggression, now illegally occupy our Territory.
We, the Kanaka Maoli, have therefore concluded that the facts are
self-evident, that to continue under any colonial regime would cause the
destruction and extinction of our Culture and People. We affirm our
commitment to the protection of our Divine Heritage. We, the Kanaka Maoli,
mutually agree and pledge Our Lives, Our Fortunes and Our Sacred Honor, in
the Spirit of Aloha.
Done this sixteenth day of January, nineteen hundred and
ninety-four.
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
francis a. boyle
