UH Professor David Callies was one of the featured speakers at a recent Conservative Forum for Hawaii meeting. Hawaiian burial sites was one of the issues he discussed:
“On Hawaiian issues, he comments this is the “third rail” which prevents the usual meaningful discussion of laws and regulations among legislators. The issue of Hawaiian remains is one example. Presently, the State Burial Council only allows two possibilities if native Hawaiian remains are found on a property: remove them, or keep them in place. Ruling for remaining in place but not allowing them to be covered over and developed upon is frequently the result.
There needs to be another alternative. “I know myself of several cases of native Hawaiian remains on this island that are covered over with concrete”.”
Professor Callies made an astoundingly insensitive comment about Hawaiian burials . These sites should be preserved in place and not paved over. I know this poses problems for developers, etc. However, progress shouldn’t usurp the protection and preservation of these sites.
Professor Callies lassiez faire attitude towards burials perhaps explains another facet of his speech:
“Currently, cases brought before the state supreme court by entities such as the Sierra Club, Life of the Land, Earth Justice, and Native Hawaiian groups were winning 90% of the time. These cases also involved reversal of lower court findings about 65-75% of the time. It was commented that if large developers with skilled attorneys and deep resources could not predict the land use laws effectively, with odds like that the only rational decision was not to play at all.”
