{ Adopted by Constitutional Convention on: 16 Jan 1995 }
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.
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
(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 Rights
The 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:
Section 1 In all civil cases
(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.
Section 2 In any criminal prosecutions of an accused
(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.>
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.
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
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
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.
[Part 1] Business of the Nation; The Congress of the Nation of Hawaii
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 Limitations
The 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.
Section 1 Of Making Laws, Generally
(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.
Section 2 Limitations
(a) No member, in the capacity as an elected member in the
House of Representatives, upon their own initiative, may
present 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 Representatives
The House of Representatives shall consist of Representatives
elected by the qualified voters from the Districts in which the
Representatives reside.
Section 1 Composition
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)
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 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.
Section 5 Upon Vacancy in the House of Representatives
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.
Section 6 Publication of Laws
The House of Representatives 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 The Senate
There 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.
Section 1 Composition
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)
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 the Senate for a 2 year term of
office.
Section 3 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.
Section 4 Qualifications for Office
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.
Section 5 Powers, Duties, and Responsibilities of the Senate
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 impeachment
process. 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.
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 the Senate of the Nation of Hawaii."
[Part 2] 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 Hawaii.
Section 4 Powers, Duties, and Responsibilities
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 Head
of State, may petition the Congress for the passage into law any
Resolution, Bill or Act relating to the Executive Administration,
consistent with this Constitution.
Section 5 Powers to execute laws
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.
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 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.
Section 7 Of Foreign Relations
(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.
Section 8 Deputy Head of State
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.
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 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.
Section 1 Creation of Ministries
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.
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 Congress 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 the Senate.
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
Congress deems necessary and proper to establish. The
Tribunals shall have original and appellate jurisdictions, or as
the House of Representatives shall provide by law.
Section 1 Supreme Tribunal
(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.
Section 2 Selection of Judges
All judges shall be selected by the Senate.
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 the Senate.
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
(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.
Section 2 Oath of Office
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
Section 1 Compensation
All elected members of the Congress, the Executive
Administration, and the Tribunals shall receive fair
compensation 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.
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 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.
Section 6 Public Access
All citizens have a right of free access to public documents.
Section 1 Definitions
(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.
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.
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 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.
Section 1 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
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
The Senate 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 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.
Section 2 Accountability
All illegal occupying governmental agencies of the State of
Hawaii, 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 Hawaii 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 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.
Section 6 Repeal of inconsistent legislation
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.