International Disputes - The U.S. Claim

Illegality of United States' so-called annexation of Wake (Eneen-Kio) Atoll

Only ONE authentic claim of ownership to Eneen-Kio Atoll

Development of the claim of the Kingdom of EnenKio to Eneen-Kio Atoll

Illegality of United States' so-called annexation of Wake (Eneen-Kio) Atoll

Records of events surrounding the end of the Spanish-American War, on the one hand, clearly omit any reference to Wake Island as being a Spanish possession ( Paris, 1895 Treaty of Peace) and, on the other hand, reveal the attitude of Germany, which confirmed that the atoll was considered part of the 1885 purchase (the Imperial German Protectorate of the Marshall Islands) from Spain. As such, it was therefore not a subject of re-distribution after the Spanish defeat by the United States.

Germany had its own plans for Wake Island as a cable station. It, too, had a need for establishing reliable communications among its scattered possessions in the Pacific. The U.S. government, on the other hand, was probably not too sure about its own claim to Wake, as it deliberately shrouded the details of the acquisition from the public in mystery and concealment.

On September 10, 1898, Spain signed another bilateral treaty with Germany to the effect that "Germany would eventually succeed to all the Spanish possessions in the South Seas (the Carolines, Ladrones, etc.) which were not ceded to the U.S. or otherwise disposed of by treaty of peace between the U.S. and Spain". Again, the omission of Wake from the Treaty of Paris would seem to confirm the German claim. If Spanish, it would have been mentioned.

At one point, Germany offered the use of alternates (Bok-ak Atoll and others) to the U.S. for a cable station, but clearly never recognized Wake as a U.S. possession. Rather, they remained tolerant in the face of the blatant infringements at Wake, preferring to await the outcome on the Samoan issue which was very heated at the time. At the same time, in an effort to establish a coaling and cable station in the Sulu Sea of the Philippines, Germany was willing to use Wake Island (or another in the Marshalls or Carolines) as a bargaining chip with the U.S. government.

Following the defeat of Germany and after the end of World War I, the question of ownership of Wake was conveniently forgotten, casting further doubt on the legality of the so-called U.S. annexation, the record of which is similarly vague. The fact the the United States never established control over the atoll, nor repelled Japanese feather gatherers nor even occupied the atoll until 1934, further clouds the sincerity and merit of the U.S. claim. In any case, title was never surrendered by the Marshallese chiefs and their tribal lands were never considered abandoned, or "res nullius" as the case may be.

See also: Invasion by the United States 1898 to Present.

Only ONE authentic claim of ownership to Eneen-Kio Atoll

On a global context, the end of the 19th century saw large scale adjustment of Colonial interest spheres, whereby trading interests and sovereignty were exchanged by foreign powers over several island groups and stretches of continents without any consideration for those native peoples using, inhabiting and owning them. For example, the Guano Act (1856) allowed U.S. citizens to seize and occupy uninhabited islands in the Pacific and to remove and sell the guano. Such areas were then "assimilated" into U.S. jurisdiction "at the pleasure of Congress" and for the profitable gain of the citizen.

In the case of Eneen-Kio Atoll, while it may be that Commodore Taussig was under orders to claim the atoll for the United States government, and that he may have been unaware of the true record of its use and ancestral history of its native owners, the aboriginal predecessors of Iroijlaplap Remios Hermios, the continued concealment of the details of annexation, denial of the patent illegalities associated with its occupation and disregard for the inalienable rights of the owners is reprehensible.

Presently, Eneen-Kio Atoll is part of the ancestral lands of the highest-ranking Marshallese Iroijlaplap (Paramount Chief), His Majesty, King Remios Hermios, in accordance with the timeless matriarchal traditions of his Micronesian predecessors in interest for upwards of two thousand five hundred years. He continues to have the legal capacity to exercise lawful rights of jurisdiction over all of the Northern Atolls of the Ratak Archipelago of Pacific Ocean Islands, which is inclusive of and terminates beyond Eneen-Kio Atoll.

His Majesty, King Murjel Hermios consistently remained the lawful owner of and has retained allodial rights over Eneen-Kio Atoll, having never surrendered any of his traditional, native or hereditary rights in, to and over Eneen-Kio Atoll until his death in 1998. Only his claim was valid under traditional Marshallese law, now possessed by his brother Remios, which continues superior to and ratified by the Constitution of the Republic of the Marshall Islands.

In turn, the Compact of Free Association treaty was made between the governments of the RMI and the U.S. under RMI constitutional authority, and therefore, the ownership would logically be recognized prima facie and defended by the United States government. The only real title to the land in existence is that of King Hermios, not one created by the U.S. through hostile seizure, long periods of abandonment and spurious acts under the color of law.

Both kings, Murjel and now Remios, have repeatedly demanded withdrawal of all trespassing invaders in order that his property may re-occupied in safety and in peace. Their claim to Eneen-Kio Atoll is not new and has been promoted periodically to United States officials since 1987. The net effect is continued insidious persecution and deprivation, forcing he, his family, heirs and people of Eneen-Kio to a life of compulsory involuntary exile from the lands of Eneen-Kio Atoll. Many people live in the Ratak atolls and are exposed daily to conditions of deprivation, malnutrition and unemployment. Slowly, the culture withers and dies each day while the RMI squanders its resources and the United States toots a horn for the protection of human rights and prevention of "ethnic cleansing" across the globe.

The king's right to occupy his property could make the United States government more likely to consider the possibility of abandoning it, especially after recognizing the way in which Eneen-Kio Atoll was seized. The application of force of arms was irresponsible, illegal, disrespectful and its continued occupation is patently illegal under United Nations Charter, Native Rights legislation and other national and international laws and treaties.

Development of the claim of the Kingdom of EnenKio to Eneen-Kio Atoll

King Hermios has been silently and repeatedly rebuffed by the government of the United States. He is denied his native rights of access to the resources of the land and seas of Eneen-Kio Atoll, totally ignored in his rightful and lawful claim as Sovereign owner and treated as a virtual nobody, despite his rank and title as the owner of the largest amount of land in the Marshall Islands.

In an interesting side bar, some people contend that the incorporation of Wake Island as an American possession was somehow accommodated by the "annexation" of Hawaii in 1898, an act Congress subsequently admitted in 1993 was illegal, as was the U.S. support for the overthrow of the Hawaiian Monarchy. If this theory bears out, it clearly follows that the United States has no defensible claim therefore to Eneen-Kio Atoll. To solidify U.S. solidarity after the apology, the U.S. Navy returned real property (Kaho'olawe Island) to the Hawaiian people in 1994 and thus, set a legal precedent for the "return" of Wake Island to the king.

These factors and others resulted in King Hermios' designation of a Minister Plenipotentiary, who began the legal process of reasserting the active occupation and use of Eneen-Kio Atoll under a worldwide Declaration of Sovereignty. He gave notice to the U.S. to quit (effective date was February 20, 1993), made a Special Request for Protection and Assistance to the United Nations Security Council and installed a democratic Constitutional government.

Programs for resettlement by citizens of Eneen-Kio Atoll, selection of representatives, diplomatic and economic development are underway. Several important steps have been taken to promote the recognition of the legality and validity of the government established in exile. Among these is the development of consular and trade offices in Europe, United States and Canada, perfection in Hawaii of a United States default on a debt for unlawful use and establishment of a correspondence record of acknowledgment and acceptance by agencies of the federal government. Several treaties for diplomatic recognition and trade have been negotiated and negotiations for more continue in progress.