Ka Wai Ola - Office of Hawaiian Affairs, Volume 15, Number 10, 1 October 1998 — Page 19 Advertisements Column 1 [ADVERTISEMENT]

Determining the Self

What are inherent rights? Between governments anel the peoples they represent certain rights are viewed as "inalienahle" -- these rights cannot be sold or given away. These rights are vested or held by the people and.cannot be assumed or abridged by any government. In the Amehean system, for example, these vested rights include an individual citizen's freedom of speech, safety of the home from unreasonable search, and ehoiee of religion. Among governments, there are also certain sovereign powers derived from the consent of the governed that cannot be interfered with or decided by another government. These governmental powers -- whether exercised by the citizens of an independent nation or by indigenous peoples within another nation - are detemined by the will of that peopleand include: • The right to exist and to determine the definition of citizenship or

membership; • Therighttoregulatedomestic affairs in accordance with the culture, customs and traditions of the people governed; • The right to determine rules of inheritance, adoption and other family matters; • The right to administer justice; • The right to levy taxes; • The right to administer and manage any and all land, marine and other natural resources held in trust by and for the people; and • The right to maintain traditional land tenure and to regulate all customary practices such as gathering, hunting and fishing. These are the governmental powers that express the identity, culture and values of a people. These determinations define the collective "self" of selfgovernment.

We have eome together in the spirit of Kualoa as the Native Hawaiian people, the kanaka maoli, as Hawai'i Pono'i, ka po'e Hawai'i — nā 'oiwi o Hawai'i Nei, bone of one bone, all descendants of Hāloa. "Palapala 'Aelike"

| GOVERNMENT INTERFERENCE

Sovereignty and Self-determination

What is self-determination? Both intemational and Amehean law recognize that indigenous peoples who: • Exercised sovereigntyfrom time immemonal; / • Share a unique and dis- / tinct past, culture and / traditions; and / / • Have been deprived of / / self-government by / / colonization and conquest / retainthe right to exist, to have their culture respected and to join for the eommon good by forming a \ government \ This process of ehoiee is \ \ called self-determination. \ \ Acknowledged in international \ \ and Amehean law, the integrity of \ this process requires: \ / No interference by any other \ govemment; and \ ✓ Explicitacknowledgment thatcertain x powers are not delegatedfrom nor negotiable with othergovernments.

SOVEREIGNTY">\ THE PEOPLĒ/\ /V7v\ \ mk f 1 W h /governmentV/ . / SELF- \ V" \ / DETERMINATION>^