Mrs. Routh Bolomet, a Hawaiian-Swiss citizen made it public that she wanted to use her document she received from the United Nations with hopes to help end the illegal occupation of the Hawaiian Islands.  Her document is a memorandum from the United Nations Office of the High Commissioner for Human Rights in Geneva, Switzerland, regarding her case in Hawai‘i.  The document is written on February 15, 2018 by Dr. Alfred M. deZayas who is the Independent Expert on the promotion of a democratic and equitable international order by the United Nations Human Rights Council.  His reports are sent to both the United Nations Human Rights Council and the United Nations General Assembly.

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In Dr. deZayas's 2013 report to the United Nations General Assembly, Dr. deZayas was unaware of Hawai‘i’s true legal status as an independent and sovereign nation that has been under an illegal and prolonged occupation. He assumed that Hawai‘i was a part of the United States and that the native population (aboriginal Hawaiians) had the status of indigenous peoples with a right to self-determination.

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His memorandum corrects the legal status of Hawai‘i as an occupied nation-state and not an issue of self-determination for an indigenous group of people and serves as an amendment to his 2013 Report.

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Dr. deZayas’ Memorandum was sent to the United States President, the Secretary of State, the State of Hawai‘i`s Attorney General, State of Hawai‘i's Judge Gary W.B. Chang of the Land Court, and State of Hawai‘i's Judge Jeanette H. Castagnetti of the First Circuit. 

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MEMORANDUM WRITTEN BY DR. DEZAYES ON FEBRUARY 15, 2018

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As a professor of International law, the former Secretary of the UN Human Rights Committee, co-author of book, The United Nations Human Rights Committee Case Law 1977-2008, and currently serving as the UN Independent Expert on the promotion of a democratic and equitable international order, I have come to understand that the lawful political status of the Hawaiian Islands is that of a sovereign nation-state in continuity; but a nation-state that is under a strange form of occupation by the United States resulting from an illegal military occupation and a fraudulent annexation.  As such, international laws (the Hague and Geneva Conventions) require that governance and legal matters within the occupied territory of the Hawaiian Islands must be administered by the application of the laws of the occupied state (in this case, the Hawaiian Kingdom), not the domestic laws of the occupier (the United States).

 

Based on that understanding, in paragraph 69(n) of my 2013 report (A/68/284) to the United Nations General Assembly I recommend that the people of the Hawaiian Islands--and other peoples and nations in similar situations--be provided access to UN procedures and mechanisms in order to exercise their rights protected under international law.  The adjudication of land transactions in the Hawaiian Islands would likewise be a matter of Hawaiian Kingdom law and international law, not domestic U.S. law.

 

I have reviewed the complaint submitted in 2017 by Mme Routh Bolomet to the United Nations Office of the High Commissioner for Human Rights, pointing out historical and ongoing plundering of the Hawaiians' lands, particularly of those heirs and descendants with land titles that originate from the distribution of lands under the authority of the Hawaiian Kingdom, Pursuant to the U.S. Supreme Court judgement in the Paquete Habana Case (1900),

 

U.S. courts have to take international law and customary international law into account in property disputes.  The state of Hawaii should not lend themselves to a flagrant violation of the rights of the land title holders and in consequence of pertinent international norms.  Therefore, the courts of the state of Hawaii must not enable or collude in the wrongful taking of private lands, bearing in mind that the right to property is recognized not only in U.S. law but also in Article 17 of the Universal Declaration of Human Rights, adopted under the leadership of Eleanor Roosevelt.