Native Hawaiians Denied Recognition of Aboriginal Lands by U.S. Supreme Court

09 April 2009

Native Hawaiians Denied Recognition of Aboriginal Lands by U.S. Supreme Court

By Karla E General
Impunity Watch Reporter, North America

HONOLULU, Hawaii – The U.S. Supreme Court overruled the Hawaiian Supreme Court last week when it decided that the 1993 Official Apology Resolution issued by the Congress to the Native Hawaiians did not constitute recognition of Native Hawaiian rights to their ancestral lands. With this decision, 1.2 million acres of disputed Native Hawaiian lands will be opened for public sale.

In 2002, a Hawaiian state court initially ruled that Hawaii could sell the disputed lands. The case eventually went up to the state’s highest court in 2008, with the Hawaii Supreme Court finding that Native Hawaiians had a claim to the disputed lands. The Court then issued an injunction to prevent the sale of “ceded lands” held in trust until the outstanding aboriginal land claims had been resolved. The Hawaii Supreme Court relied on the 1993 Apology Resolution – an official acknowledgment of the illegality of the U.S. overthrowing of Hawaii’s sovereign government, creation of a provisional government, and annexation of Hawaii as a U.S. territory with the Newlands Resolution – in it’s landmark decision.

The recent Supreme Court’s ruling is extremely dangerous – it accepts the Newlands Resolution as the legal resolution of land disputes, vesting absolute title to the United States over the disputed lands – while ignoring the Congressional Apology which recognized that “the Indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people or over their national lands to the United States, either through their monarchy or through a plebiscite or referendum.” J. Kehaulani Kauanui, Associate Professor of American Studies and Anthropology at Wesleyan University, expressed frustration over the Court’s mishandling of the case: “If the Apology Resolution has no teeth in the court of the conqueror, then how is it that the Newlands Resolution that unilaterally annexed Hawaii does? This (ruling) is a legal fiction to cover up the fact that the U.S. government accepted the stolen lands from the Republic of Hawaii government that confiscated these lands after the overthrow of the Hawaiian Kingdom.”

The U.S. Supreme Court remanded the case back to the Hawaii Supreme Court for “further proceedings not inconsistent with this opinion.”

For more information, please see:

Indian Country Today – U.S. Supremes Rule Against Native Hawaiians’ Land Claims – 6 April 2009

Chicago Tribune – Hawaii: Land Sale Upheld – 1 April 2009

Honolulu Star – Ceded Land Ruling Creates Quick Need for Sovereignty – 1 April 2009

New York Times – Supreme Court Backs Hawaii in Land Dispute – 31 March 2009

A 75-year-old Retired Professor Beaten in Cemetery

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – Last Saturday marked “Qingming”- grave-sweeping day, when Chinese honor the dead. A 75-year-old retired professor, Sun Wenguang, was beaten for honoring the death of a reformist communist leader Zhao Ziyang on Saturday. Mr. Zhao is a former prime minister and Communist Party general secretary who was purged for supporting the 1989 Tiananmen protests.
In 2005, Mr Zhao died under house arrest.

According to Mr. Sun, a police car followed him when he went to visit a memorial honoring Chinese martyrs on Heroes’ Mountain in Jinan.  When he entered the memorial grounds, he was beaten and “kicked like a football” for more than 10 minutes by a group of five men.

“They were very strong. They did not say a word,” Sun said in a telephone interview from a Jinan hospital.  “They wanted to punish me and let people know that Zhao Ziyang is not allowed to be memorialized,” he claimed.  Mr. Sun suffered three broken ribs and injuries to his hands and legs in the attack.  It was not clear who the men were.

Mr Sun is a retired physics professor from Shandong University.  He spent some times in prison from the 1960s to the 1980s, for criticizing communist leader Mao.  He said he had paid his respects at Zhao Ziyang’s grave every year on the Qingming, but was warned not to do so this year by police and officials from Shandong University.

Human Rights in China condemned the attack on Mr Sun.  “This deplorable act, committed in broad daylight and in clear view of the police… calls into serious question officials’ professed commitment to building a society that puts people first,” said executive director Sharon Hom.

Human Rights Defenders, a Hong Kong-based group, says that “Chinese authorities are staging a campaign of terror to intimidate and suppress expressions of commemoration for the 1989 Tiananmen massacre,” the group said in a statement. The attack on Mr. Sun “is part of the overall campaign.”

For more information, please see
:

AP – Professor beaten for honoring ousted China leader – 07 April 2009

BBC – Scholar beaten at Tiananmen grave – 07 April 2009

Human Rights in China – Retired Professor Attacked after Honoring Memory of Late Party Secretary Zhao Ziyang – 06 April 2009

New York Times – China Rights Activist Beaten in Cemetery – 07 April 2009

Two Detained US Reporters Face Trial in North Korea

By Ariel Lin
Impunity Watch Reporter, Asia

Pyongyang, North Korea – Two detained US reporters last month will face trial in North Korean.  North Korean government will charge Euna Lee and Laura Ling for illegal entry and “hostile acts”, the country’s state-run news agency says. The two reporters were working on a story about North Koreans who flee the closed country to make a better living in China.

“The illegal entry of US reporters into the DPRK (Democratic People’s Republic of Korea) and their suspected hostile acts have been confirmed by evidence and their statements,” the Korean Central News Agency (KCNA) said.  The KCNA is preparing for indictments and a trial. It is also being reported that two reporters will be allowed consular access and will be treated in accordance with international law.

US government continues to work on this matter through diplomatic channels, according to an unnamed senior White House official.  “We have seen the brief North Korean press report (on the trial), and we have no higher priority than the protection of American citizens abroad”, the official says.

The detentions come in the middle of growing tension in the region as North Korea launched its satellite.  The North Korean government insists that the rocket is designed to put a communications satellite into orbit.  However, the international community believes it may be a test of a far-ranging military missile.  Some reports say that Laura Ling and Euna Lee’s fate may depend on missile launch diplomacy between North Korea and US.
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The use of the language “hostile acts” in the North Korea’ statements statement could means espionage.  Espionage convictions come with severe penalties, such as five to 10 years, or longer, in prison.

For more information, please see
:

BBC – US reporters face N Korea trial – 31 March 2009

Bloomberg – North Korea Prepares to Indict U.S. Reporters Held at Border – 30 March 2009

CNN – Report: North Korea planning to put American reporters on trial – 31 March 2009

People – Fate of Lisa Ling’s Sister Linked to Missile Launch Diplomacy – 03 April 2009

Wall Street Journal – Arrest of U.S. Reporters Adds to the Tension – 06 April 2009

Proposed Afghan Law Legalizes Rape

By Shayne R. Burnham
Impunity Watch Reporter, Asia

KABUL, Afghanistan – Afghan President Karzei has reportedly signed a law authorizing the rape of women and prohibits women to leave the home without a male relative.

The law legalizes a husband to rape his wife by not allowing her to refuse sex.  It also would legalize the marriage of girls from the age of nine and force a woman to wear makeup at the demand of her husband.  The new law applies only to minority Shi’ite family law, which makes up 15 percent of the population.

Legislator Sayed Hussain Alem Balkhi defends the new law, stating that the new civil law offers more freedoms.  “This bill stipulates lots of leniencies compared to the civic laws that have been around for 40 years.  For example, (under the new law) a Shi’ite woman can seek divorce if her husband is not able to feed her or he disappears for a long time.”  He further said, “A shi’ite woman can go out for medical treatment, to see her parents without the permission of her husband, while this freedom is not enshrined in the civic law.”

Critics claim that President Karzei signed the legislation in an effort to gain Shia votes in the upcoming election on August 20.  More significantly, they believe that the passage of the law is a step backwards in the progress towards democracy.

United Nations High Commissioner for Human Rights Navi Pillay said that the law was a “clear indication that the human rights situation in Afghanistan is getting worse not better.”

Women’s rights have vastly improved since the overthrow of the Taliban in 2001.  Under that regime, women were not allowed to work, attend school or leave the home without a male relative.

The United States has expressed concern about the new law.  State Department spokesman Robert Wood said, “We urge President Karzei to review the law’s legal statute to correct provisions of the law that limit or restrict women’s rights.”

For more information, please see:

Associated Press – Critics Assail Afghan Law that “Legalizes Rape” – 2 April 2009

CNN – New Afghan Law Might Legalize Rape – 2 April 2009

Reuters – Law for Shi’ites Stirs Anger and Concern – 2 April 2009

Thai Man Jailed for Insulting Monarchy

By Pei Hu
Impunity Watch Reporter, Asia

BANGKOK, Thailand – Suwicha Thakho, a Thai citizen has been sentenced to 10 years in jail under Thailand’s strict lese-majeste laws for insulting the king and his family.

Thakho altered digital images of King Bhumibol Adulyadej and his family and posted them on the internet.  The Bangkok Criminal Court did not specify how the pictures were changed or where the pictures appeared.  Local newspapers reported that some of the pictures appeared on Youtube.

The Thai court found Thakho guilty of both the lese-majeste law and the Computer Crime Act of 2007, which bars the circulation of material deemed detrimental to national security or causes public panic.

Recently, lese-majeste prosecutions were used more often, where some critics say is to silence the criticism of the eventual transfer to the throne to the crown prince, who is less popular than his father, who is now 81-years old.

Thailand is a constitutional monarchy and has one of the strictest lese-majeste laws in the world where Thailand’s royal family is sheltered from public debate. Thai lese-majeste law mandates a jail term of 3-15 years for “whoever defames, insults or threatens the king, the queen, the heir to the throne or the regent.” Anyone violating the Computer Crime Act can be imprisoned up to 5 years and fined about $2,770 dollars.

Since 2007, officials have blocked more than 5,000 websites for insulting the Thai monarchy. Several people are awaiting trial.

In February, the Thai King pardoned Australian writer Harry Nicolaides who was sentenced to three years in jail for insulting the crown prince in a published book.  The King also pardoned a Swiss citizen who was given a 10-year sentence for defacing the King’s portrait.

Last November, a political activist was jailed for 6 years for an anti-monarchy speech.

For more information, please see:

AP – Man given 10 years for insulting Thai monarchy – 3 April 2009

BBC – Thai man jailed for royal insult – 3 April 2009

Reuters – Thai man gets 10 years jail for insulting monarchy– 3 April 2009