CHAPTER 4

STATE-WITHIN-A-STATE

a Hawaiian state within the state of Hawai'i with powers to define membership and enact ordinances relating to taxes, land use and zoning, police and justice systems.

These powers also could be expanded beyond those now exercised by the counties to include administration of family court issues or police powers relating to the exercise of traditional Hawaiian rights.³

Meheula is an attorney and President of the Native Hawaiian Bar Association. He is also a member of the HSEC. He supports the state-within-a-state model in this thesis because this concept of sovereignty comes closest to a Hawaiian trust or corporation, which he sees as a practical first step for Hawaiians to achieve greater autonomy. He believes the silent majority of Hawaiians are not ready for a new government, but Hawaiians want reparations and compensation for "theft of land and denial of self-determination for over 100 years." According to Meheula, the trust or corporation would be created by Hawaiians to settle claims against the state of Hawai'i and the U.S. federal government, and to establish a land base to fund Hawaiian programs which would eventually be turned over to a Hawaiian nation. He indicated the Hawaiian state-within-a-state would come under the jurisdiction of the state of Hawai'i.⁸

Kina'u Boyd Kamali'i - State-within-a-state leading to a nation-within-a-nation

William Meheula - State-within-a-state in the context of this thesis, preceded by a Hawaiian trust or corporation

Citizenship
Q2. Within that model, can non-Hawaiians obtain citizenship? What is the process of becoming a citizen?

Kamali'i responded that a Hawaiian convention, as proposed by the Hawaiian Sovereignty Elections Council, would determine whether non-Hawaiians could obtain citizenship. She is personally receptive to non-Hawaiians becoming citizens of the Hawaiian county, but believes this would not occur at the first convention. The process for non-Hawaiians obtaining citizenship would also be spelled out by the convention.

Meheula was receptive to non-Hawaiian inclusion in the Hawaiian entity, but as a second step after the resolution of Native Hawaiian claims, e.g., claims for Hawaiian ceded lands. He was uncertain at this time about the process of non-Hawaiians becoming citizens.

Property
Q3. What is the status of non-Hawaiians who are not citizens of the Hawaiian nation? Can they reside in Hawai'i, vote, own homes, land or businesses?

Kamali'i replied non-Hawaiian non-citizens could reside in the state-within-a-state. A Hawaiian convention would determine whether they could vote, or own homes, land and businesses. As a "percentage of the market value" of the ceded lands would comprise the land base of the state-within-a-state, non-Hawaiians with fee-simple title to homes and land in Hawai'i would not be affected by the new county. She pointed out that non-Hawaiians do not hold fee simple title to ceded lands, or homes on ceded lands, although some may be on leases from the state of Hawai'i.

Meheula said non-Hawaiian non-citizens could reside in the Hawaiian entity. Like Kamali'i, a Hawaiian convention would decide whether they could vote, or own homes, land and businesses. However, he personally believes the land base of the state-within-a-state, derived from the ceded lands, would be held in trust with no one owning land. He stressed the status of non-Hawaiian non-citizens outside the Hawaiian entity would not change at all, except that payment of Hawaiian claims for the improper title to and use of the ceded lands by the federal government would probably result in higher taxes for both Hawaiians and non-Hawaiians. But he believes all U.S. citizens should "share the burden so there would be a minimal impact on everybody."

Q4. Would non-Hawaiian residents who do not become citizens of the Hawaiian nation, but who owned homes, land and businesses at the time of the transition to nationhood, retain their property? Under what circumstances might they be evicted from property?

At the time of the transition to the Hawaiian county, Kamali'i affirmed that non-Hawaiian non-citizens with fee simple title to homes and land would retain their property. Regarding businesses, if one is leasing a business on ceded lands claimed by the Hawaiian county, the lease would transfer from the state of Hawai'i to the new county. When a lease expires, the terms of the lease could be renegotiated, she indicated. Concerning non-Hawaiians being evicted from property, Kamali'i's general response was negative, except for cases where the county may not want to renegotiate a lease. She said no one would be "kicked out" of Hawai'i.

Meheula replied "absolutely" regarding non-Hawaiians who do not become citizens of the Hawaiian entity retaining their homes, land and businesses. He said nobody would be evicted from property.

Q5. Can non-Hawaiian citizens of the Hawaiian nation retain homes, land and businesses? Under what circumstances might non-Hawaiian citizens be evicted from property?

For Kamali'i, the answer to question 4 would also apply to non-Hawaiian citizens of the Hawaiian county.

Meheula's answer to question 4 further applies to non-Hawaiian citizens in question 5.

Leadership and Governmental Positions
Q6. Can non-Hawaiian citizens hold leadership positions in the Hawaiian nation? In what capacity?

Kamali'i replied that a Hawaiian convention would determine whether non-Hawaiians could hold leadership positions in the Hawaiian county. Personally, she doesn't see this happening.

Meheula said he doesn't see non-Hawaiian leaders in the immediate future. In the context of a state-within-a-state, "Hawaiians must lead first." But if Hawaiians are moving towards independence, then non-Hawaiian leaders would inevitably emerge, according to him.

Q7. Can non-Hawaiian citizens hold governmental positions in the Hawaiian nation? In what capacity?

Once more the answer to the above question would be settled in a Hawaiian convention, Kamali'i indicated. She believes non-Hawaiians would probably hold similar positions as they do today in OHA.

Meheula replied non-Hawaiians could definitely hold consultant positions in the state-within-a-state, provided they are the most qualified for these positions.

Transitional Stage/Privileges
Q8. What is the primary role of non-Hawaiians within the transitional stage of your model?

Kamali'i said "all ethnic groups in Hawai'i should educate themselves" to understand the history of where they live and to know about the losses Native Hawaiians have endured for many years.

For Meheula, non-Hawaiians need to understand that Hawaiian claims, such as for the ceded lands, are valid. He emphasized Hawaiians are not only thinking about their pocketbooks, but seeking justice. Non-Hawaiians should "support and help Hawaiians receive just compensation from the U.S. federal government."

Q9. Would long-time non-Hawaiian residents and non-Hawaiians born and raised in Hawai'i be granted any special privileges as citizens of the Hawaiian nation?

Both Kamali'i and Meheula responded that any special privileges granted to non-Hawaiian citizens would be determined in a Hawaiian convention.

Benefits
Q10. How are the pensions, social security and Medicare benefits of non-Hawaiian citizens affected in the Hawaiian nation? Do you have a plan to implement similar programs?

Kamali'i said citizens of the Hawaiian county will always receive social security and Medicare benefits. Pensions would also not be affected since these are contracts with employers. She explained that health care programs would be different in the Hawaiian county compared to the current Westernized system. Because Hawaiians of the past did not have the health problems they have today, a result largely attributed to the change to a Westernized diet, Hawaiian programs in the future would intertwine Hawaiian forms of health care, e.g., the Wai'anae Diet, with Western forms.

Meheula does not see any of the above programs affecting citizens in the state-within-a-state or in the state of Hawai'i.

Immigration/Tourism
Q11. What are your views on immigration? Can non-Hawaiians immigrate to Hawai'i and become citizens of the Hawaiian nation?

Kamali'i replied the current immigration policy in the state of Hawai'i would not change. A Hawaiian convention would determine whether non-Hawaiians, who immigrate to Hawai'i, could become citizens of the Hawaiian county.

Meheula said non-Hawaiians who immigrate to Hawai'i could not automatically become citizens. He stressed that overpopulation in Hawai'i is already a major problem.

Q12. What are your views on tourism? Would tourism remain an economic market? In what capacity?

Kamali'i believes tourism would remain an economic market in the state of Hawai'i, but indicates it must be downscaled. She said we're heading in the wrong direction with tourism as the only economic market in Hawai'i. She emphasized that if tourists are going to come to Hawai'i, then more cultural education must be provided. Both Kamali'i and Meheula responded that tourism as an economic market within the Hawaiian county or entity would be determined in a Hawaiian convention.

Table 4.1

STATE-WITHIN-A-STATE

Citizenship

Leaders	Q2. Can non-Hawaiians obtain citizenship?	Q2. What is the Process of becoming a citizen?
Kina'u Boyd Kamali'i	To be determined in a Hawaiian convention. She is personally receptive to non-Hawaiians becoming citizens but believes this would not occur at a first convention.	To be determined in a Hawaiian convention
William Meheula	He is receptive to non-Hawaiian inclusion in the Hawaiian entity but as a second step after the resolution of Native Hawaiian claims.	Uncertain at this time

Table 4.1 examines whether non-Hawaiians can obtain citizenship in the state-within-a-state model, and the process of becoming a citizen. Both leaders interviewed could not confirm at this time whether non-Hawaiians could become citizens of the Hawaiian county. However, both were receptive to non-Hawaiian citizenship in the future. There was no consensus at this time regarding the process of becoming a citizen.

Table 4.2

STATE-WITHIN-A-STATE

Q3. What is the status of non-Hawaiians who are not citizens of the Hawaiian nation? Can they:

Leaders	Reside in the Hawaiian county?	Vote?	Own homes?	Own land?	Own businesses?
Kina'u Boyd Kamali'i	Yes	To be determined in a Hawaiian convention	To be deter- mined in a Hawaiian convention	To be determined in a Hawaiian convention	To be determined in a Hawaiian convention
William Meheula	Yes	To be determined in a Hawaiian convention	To be determined in a Hawaiian convention	To be determined in a Hawaiian convention	To be determined in a Hawaiian convention

 Tables 4.2, 4.3 and 4.4 primarily concern the area of property. Table 4.2 focuses on the period of time after implementation of the state-within-a-state model. Both leaders indicated that non-Hawaiian non-citizens could reside in the Hawaiian county, and a Hawaiian convention would determined whether they could vote, or own homes, land and businesses.

Table 4.3

STATE-WITHIN-A-STATE

Q4. Would non-Hawaiian residents who do not become citizens of the Hawaiian nation, but who owned homes, land and businesses at the time of the transition to nationhood, retain their property? Under what circumstances might they be evicted from property?

Leaders	Retain homes?	Retain land?	Retain businesses?	Evictions?
Kina'u Boyd Kamali'i	Yes	Yes	Yes. If on the Hawaiian land base, leases would transfer to the Hawaiian county.	Generally no
William Meheula	Yes	Yes	Yes	No

Tables 4.3 and 4.4 concern the transitional stage to achievement of the state-within-a-state model, and the issue of evictions. Both leaders in table 4.3 said non-Hawaiian residents who do not become citizens of the Hawaiian county would retain homes, land and businesses. According to Kamali'i, non-Hawaiians do not hold fee simple title to ceded lands, and homes on ceded lands, which would comprise the land base of the state-within-a-state. Regarding evictions, tables 4.3 and 4.4 indicate the two leaders generally agree that non-Hawaiians would not be evicted from property.

In table 4.4, both leaders replied that non-Hawaiians who become citizens of the state-within-a-state would retain homes, land and businesses.

Table 4.4

STATE-WITHIN-A-STATE

Leaders	Retain homes?	Retain land?	Retain businesses?	Evictions?
Kina'u Boyd Kamali'i	Yes	Yes	Yes. If on the Hawaiian land base, leases would transfer to the Hawaiian county.	Generally no
William Meheula	Yes	Yes	Yes	No

Table 4.5

STATE-WITHIN-A-STATE

Table 4.5 pertains to non-Hawaiian citizens holding leadership and governmental positions in the state-within-a-state. Both leaders interviewed did not see non-Hawaiians holding leadership positions, at least in the near future. They were both more receptive to non-Hawaiians holding governmental and consultant positions, such as they do today in OHA, and if they are qualified for these positions.

Table 4.6

STATE-WITHIN-A-STATE

Table 4.6 looks at the primary role of non-Hawaiians in the transitional stage of the Hawaiian county, and whether long-time non-Hawaiian residents would receive any special privileges as citizens. The responses from both leaders regarding roles were based on Hawaiian history. Non-Hawaiians should learn more about Hawaiian history in order to know about the losses Native Hawaiians have had to endure for decades, and, consequently, to realize that Hawaiian claims today are valid and just. Both leaders indicated the issue of special privileges would be determined in a Hawaiian convention.

Table 4.7 examines how certain benefits of non-Hawaiian citizens would be affected in the Hawaiian county, and if the leaders had plans to implement similar programs. The primary consensus among the leaders in this table was that pensions, social security and Medicare benefits of non-Hawaiians would not be affected in the state-within-a-state.

Table 4.7

STATE-WITHIN-A-STATE

Leaders	Pensions?	Social Security?	Medicare?	Implement Programs?
Kina'u Boyd Kamali'i	Pensions would not be affected since these are contracts with employers.	Citizens of the Hawaiian county will always receive benefits.	Citizens of the Hawaiian county will always receive benefits.	Health care programs would intertwine Hawaiian and Western forms of health care.
William Meheula	Not affected	Not affected	Not affected	?



Table 4.8

STATE-WITHIN-A-STATE

Table 4.8 discusses the leaders' views on immigration and tourism, whether non-Hawaiians can immigrate to and become citizens of the Hawaiian county, and if tourism would remain an economic market in Hawai'i or become a market in the state-within-a-state. There was no obvious consensus among the leaders concerning the issue of immigration. Both leaders agreed that tourism as an economic market within the Hawaiian county or entity would be determined in a Hawaiian convention.

¹ Hui Na'auao, "Models of Sovereignty-Critical Analysis," December 1994.
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² Office of Hawaiian Affairs, "Ho'olahui hou (Re-building a nation)," Ka Wai Ola O OHA, December 1994, p. 10.
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³ Ibid.
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⁴ Hui Na'auao, "Models of Sovereignty-Critical Analysis," December 1994.
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⁵ Office of Hawaiian Affairs, "Ho'olahui hou," Ka Wai Ola O OHA, December 1994, p. 10.
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⁶ Pat Omandam, "In Search of a Nation: Which of the roads will Hawaiians take to sovereignty?" Honolulu Star-Bulletin, August 24, 1995.
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⁷ Interview with Kina'u Boyd Kamali'i, November 13, 1995.
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⁸ Interview with William Meheula, December 15, 1995.
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