CHAPTER 6

FREE ASSOCIATION

If the free association model is implemented, Hawai'i and the United States would sign a "compact of free association," a contract defining the relationship.² There are three states in free association with the U.S. today: the Republic of the Marshall Islands, the Federated States of Micronesia and the Republic of Belau. These states are externally self-governing to the degree that they maintain their own international relations, have seats at the United Nations, and can enter into treaties with other nations.³ However, the U.S. still exercises a large degree of control over freely associated states, especially in relation to military and nuclear issues. Hui Na'auao indicates:

The US has retained a large degree of control over its freely associated territories, particularly in regards to the right to station military forces on the territory of the freely associated countries. The freely associated states also do not have full control over their foreign policies, so that conflicts can arise with the US.⁴

Michael Hansen - Free Association

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

Hansen explained that non-Hawaiians could obtain Hawai'i citizenship or "Hawai'i residency," if one is a citizen of another country, e.g., American citizens could apply. He said the free association model is not an indigenous only proposal. He noted there have been political status changes around the world where large, non-indigenous populations have retained residency rights and citizenship in the country or territory in transition. Hansen cited the recent political changes in South Africa, where the large minority White settler population negotiated for rights and citizenship, and also hold governmental positions in Nelson Mandela's cabinet and in the legislature.¹⁰

In the case of Hawai'i, Hansen does not see current American citizens losing their citizenship, as U.S. citizens today can reside in foreign countries. In addition to maintaining U.S. citizenship, Hawaiians and non-Hawaiians could gain "Hawai'i residency." Various territories of and states in free association with the United States today have established this status, e.g., Americans residing in the Marshall Islands married to Marshallese women can retain their American citizenship and can also obtain "Marshallese residency." According to Hansen, this status would allow one to reside in the Hawaiian Islands and would create a separate immigration jurisdiction from that of the United States. He pointed out a key date in Hawaiian history, such as 1959, could be used as a basis for establishing "Hawai'i residency." For instance, all those who were residents in Hawai'i before 1959 would automatically qualify for "Hawai'i residency." People entering Hawai'i after 1959 would have to qualify for this status. Hansen said eligibility requirements for "Hawai'i residency" would have to be established, e.g., in American Samoa the time process for attaining "American Samoan residency" is seven years. From a practical viewpoint, Hansen indicated a more recent date in Hawaiian history would probably be used as a basis of establishing "Hawai'i residency," such as the eligibility requirements established for the Matignon Accords in Kanaky (New Caledonia).

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?

Hansen said non-Hawaiians who do not have "Hawai'i residency" in a future freely associated nation would be considered non-resident aliens. They would not be able to vote in Hawai'i elections, nor could they hold fee simple title to real property. In terms of homes and land, he said as "Hawai'i residency" is closely tied to the ownership of land, non-Hawaiians who do not have "Hawai'i residency" would not be able to own homes and land. Regarding businesses, American businesses and other foreign corporations would be able to operate in Hawai'i under special license, but would not be allowed to own land in fee simple title. He added "resident businesses or corporations," which could be defined as 51 percent or more resident ownership, would be able to acquire fee simple title to land. This is typically what many countries in the world require. Hansen explained the goal of defining "Hawai'i residency" and "non-alienation of land" is to bring down the high cost of land in Hawai'i. He noted the high cost of land as the major driving force in the so called "Paradise Tax" (the nearly 40 percent higher cost of living between Hawai'i and the U.S. mainland, according to the Bank of Hawai'i).¹¹ Removing the outside demand for land in Hawai'i, by allowing only those with "Hawai'i residency" to own land, would eliminate a huge source of demand for Hawai'i land, and subsequently reduce real estate values, Hansen pointed out.

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?

Concerning homes, land and businesses, Hansen replied non-Hawaiians living in Hawai'i who do not wish to take "Hawai'i residency" would have to eventually relinquish control of their property. This would occur under a type of "grandfather provision" and would allow non-Hawaiians a period of time (an adjustable long-term period of perhaps 25 years, according to Hansen) to decide whether to choose "Hawai'i residency" or relinquish their property. Non-resident businesses or multi-national corporations owning land would also be given a period of time to relinquish their holdings, and would need a special business license to operate in Hawai'i. Hansen responded "no" regarding non-Hawaiian non-citizens being summarily 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?

Hansen affirmed that non-Hawaiians with "Hawai'i residency" would retain homes and land, and the status of resident businesses or corporations would remain unchanged. He said non-Hawaiian citizens would not be summarily evicted from property.

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

Hansen is a non-Hawaiian leader in the sovereignty movement. He replied non-Hawaiians could hold leadership positions in the freely associated nation, similarly as they do today in the state of Hawai'i.

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

Hansen reiterated that non-Hawaiians could hold governmental positions in the freely associated nation, similarly as they do today in the state of Hawai'i.

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

In the transitional stage of the free association model, Hansen indicated the primary role of non-Hawaiians would probably remain the same as today. He said in terms of the "hard legal mechanics" of the change in political status, a majority of the people in Hawai'i would have to support this form of government. He added an important factor in gaining this support may be found in the development of the "local" working class identity, which formed during the plantation era and "cuts across racial lines." In relation to how a potential change in political status might be driven by the indigenous Hawaiian movement, Hansen asks, "What is the 'local' component of sovereignty?" By this he means, how can indigenous Hawaiians gain support from non-Hawaiian local residents in their quest for sovereignty?

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?

Hansen does not see any special privileges for non-Hawaiians other than the benefits afforded by "Hawai'i residency."

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?

Hansen sees no major changes regarding pension programs, as terms of agreements would remain in force regardless of political status. He said federal workers should receive their checks wherever they reside. For social security, Hansen indicated that one should be eligible if they've paid into the system, and Medicare benefits should continue for the elderly as long as they remain U.S. citizens. For those not vested in the above federal programs, new programs would have to be created by the freely associated state.

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

Hansen believes immigration into Hawai'i would have to remain open in a limited capacity. Hawai'i would need to establish an immigration process with annual quotas, as does any other nation. As population control is one of Hansen's main concerns, he questions the logic of a U.S. immigration and naturalization policy in relation to an isolated island environment such as Hawai'i. He believes Hawai'i is near the limit of its population carrying capacity which results in island resources being absorbed, especially water.

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

Hansen thinks tourism would remain the mainstay of Hawai'i's economy. However in terms of economic development, he believes Hawai'i can reduce tourism by eliminating the outside demand for land. This would, thus, allow other economic markets such as agriculture and manufacturing a chance to develop. He stressed Hawai'i residents are not benefiting from tourism due to an extremely low "economic multiplier." He indicated that Ira Rohter exemplifies this problem in A Green Hawai'i, i.e., for every dollar spent by the tourist industry, only about 70 cents is put back into Hawai'i's economy.¹² The larger the tourist industry becomes, the greater the stress on the social and environmental quality of life in Hawai'i, "and if we're not getting a return on it, why do it?" Hansen asks. He remarks Hawai'i has essentially continued "a plantation type economy where we have to import very low skilled, low paid workers." This has expanded the population of Hawai'i. He emphasized tourist development drives up the cost of land because of the demand for homes and land by more people, and as resort development makes property more attractive to buyers from outside Hawai'i.

Table 6.1

FREE ASSOCIATION

Leaders	Q2. Can non-Hawaiians obtain citizenship?	Q2. What is the process of becoming a citizen?
Michael Hansen	Yes. They could obtain "Hawai'i residency" and maintain their U.S. citizenship.	To apply. A key date in Hawaiian history could be used as a basis of establishing "Hawai'i residency."



Table 6.2

FREE ASSOCIATION

Q3. What is the status of non-Hawaiians who are not citizens [i.e., who do not have "Hawai'i residency"] of the Hawaiian nation? Can they:

Leaders	Reside in Hawai'i?	Vote?	Own homes?	Own land?	Own businesses?
Michael Hansen	Yes. As non-resident aliens	Not in Hawai'i elections	Not in fee simple title	Not in fee simple title	Yes. They would be able to operate under special license.

Table 6.3

FREE ASSOCIATION

Q4. Would non-Hawaiian residents who do not become citizens [i.e., those who do not take "Hawai'i residency"] 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?
Michael Hansen	Yes. They would eventually have to relinquish their property under a "grandfather provision."	Yes. They would eventually have to relinquish their property under a "grandfather provision."	Yes. They would eventually have to relinquish their property but would be able to operate under special license.	No. Not summarily

Table 6.4

FREE ASSOCIATION

Q5. Can non-Hawaiian citizens [i.e., those who take "Hawai'i residency"] of the Hawaiian nation retain homes, land and businesses? Under what circumstances might non-Hawaiian citizens be evicted from property?

Leaders	Retain homes?	Retain land?	Retain businesses?	Evictions?
Michael Hansen	Yes	Yes	Yes	No. Not summarily

Table 6.5

FREE ASSOCIATION

Leaders	Q6. Can non-Hawaiian citizens hold leadership positions in the Hawaiian nation? In what capacity?	Q7. Can non-Hawaiian citizens hold governmental positions in the Hawaiian nation? In what capacity?
Michael Hansen	Yes. Similarly as they do today in the state of Hawai'i	Yes. Similarly as they do today in the state of Hawai'i

Table 6.6

FREE ASSOCIATION

Leaders	Q8. What is the primary role of non-Hawaiians within the transitional stage of your model?	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?
Michael Hansen	The primary role of non-Hawaiians would probably remain the same as today. A majority of the people in Hawai'i would have to support this form of government.	None, other than the benefits afforded by "Hawai'i residency."



Table 6.7

FREE ASSOCIATION

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?

Leaders	Pensions?	Social Security?	Medicare?	Implement Programs?
Michael Hansen	He sees no major changes as terms of agreements would remain in force regardless of political status.	One should be eligible if they've paid into the system.	Benefits should continue for the elderly as long as they remain U.S. citizens.	For those not vested in the above federal programs, new programs would have to be created.



Table 6.8

FREE ASSOCIATION

Leaders	Q11. What are your views on immigration? Can non-Hawaiians immigrate to Hawai'i and become citizens of the Hawaiian nation?	Q12. What are your views on tourism? Would tourism remain an economic market? In what capacity?
Michael Hansen	Immigration to Hawai'i would have to remain open in a limited capacity. Hawai'i would need to establish an immigration policy with annual quotas, as does any other nation.	Tourism would remain the mainstay of Hawai'i's economy. However, Hawai'i can reduce its dependency on tourism by eliminating the outside demand for land. This would allow other markets such as agriculture and manufacturing a chance to develop.



¹ Edward P. Wolfers, "Colonialism and Decolonization in the South-West Pacific: Issues and Options for the Twenty-First Century," A paper presented at the Pacific Regional Seminar to review the political, economic and social conditions in the small island non-self-governing territories, held by the United Nations Special Committee on the situation with regard to the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, Port Moresby, Papua New Guinea, June 1993, p. 5.
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² Hui Na'auao, "Models of Sovereignty-Critical Analysis," December 1994.
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³ Hawai'i Home Rule Party for Free Association, "General Briefing Outline," February 11, 1995, pp. 9-10.
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⁴ Hui Na'auao, "Models of Sovereignty-Critical Analysis," December 1994.
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⁵ Hawai'i Home Rule Party for Free Association, "General Briefing Outline," November 12, 1995, p. 9.
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⁶ Roger Bell, Last Among Equals: Hawaiian Statehood and American Politics, Honolulu: University of Hawai'i Press, 1984, pp. 45-46.
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⁷ Hawai'i Home Rule Party for Free Association, "General Briefing Outline," November 12, 1995, p. 2.
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⁸ Interview with Michael Hansen, November 17, 1995.
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⁹ Ka Lahui Hawai'i, "Symposium for Sovereignty," Honolulu: February 20, 1995.
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¹⁰ Interview with Michael Hansen, November 17, 1995.
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¹¹ Peter S. Adler, Joanne Punu, Randall W. Roth and Eric Yamamoto, "What is the paradise tax and what are its implications?" in Randall W. Roth, ed., The Price of Paradise, Volume II, Honolulu: Mutual Publishing, 1993, p. 117.
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¹² Ira Rohter, A Green Hawai`i: Sourcebook for Development Alternatives, Honolulu: Na Kane O Ka Malo Press, 1992, p. 46.
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