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| FLAIM Resolution on Grave ProtectionAMERICAN INDIAN MOVEMENT OF FLORIDA, INC.
15th Anniversary State Conference
September 1-3, 2000
Wickham Park Melbourne, Florida
Resolution 2000-01
Indigenous Cemetery Protections
WHEREAS: Indigenous burial sites/mounds and gravesites are cemeteries
in the truest sense of the word, as it is the resting-place of
the ancestors
of Indigenous peoples. And:
WHEREAS: The ancestral peoples of the Western Hemisphere buried
their ancestors with the full intention that their final resting-places
not be
disturbed. And:
WHEREAS: In no treaty, and in no agreement has any Indigenous
Nations government-Indian Reorganization Act or traditional,
waived, ceded or
acquiesced control of Indigenous cemeteries to the dominant society.
And:
WHEREAS: The spiritual beliefs of most Indigenous Nations consider
the disturbance of a cemetery to be unconscionable, unthinkable
and
something that is detrimental to the future generations. And:
WHEREAS: We are the ancestors and the descendants simultaneously,
so in order to respect the living one must respect those who
have gone
before. And:
WHEREAS: In the dominant society some gravesites are marked,
yet do not contain any human remains or associated funerary objects.
Yet these
sites are granted great respect and solemnity that is not necessarily
granted Indigenous burial sites that are unmarked. And:
WHEREAS: In the state of Florida disturbance and desecration
imperil Indigenous cemeteries by degreed anthropologists, development,
and illegal
amateur anthropologists. And:
WHEREAS: Federal protections for Indigenous cemeteries in the
state of Florida have proven useless as federal officers have
shown callous
disregard for the protection of Indigenous cemeteries within
the state of Florida: to wit:
· The Cape Canaveral National Seashore burial site has been desecrated
three (3x) times by two (2) individuals and neither served jail
time or paid
fines as proscribed by the Native American Graves Protection/Repatriation
Act or Archaeological Resources Protection Act.
· Mr. Marty Goodrich was caught with human remains and associated
funerary related objects. Mr. Goodrich, despite clear violation
of both ARPRA
and NAGPRA, and a violation of probation, was fined a mere $50.
And:
WHEREAS: State protections for Indigenous cemeteries have proven
useless as James Miller, the Chief of the Bureau of Archaeology
has shown
callous disregard for the protection of Indigenous burial sites
within the state of Florida; to wit:
· Mr. Miller "forgot" to contact the Seminole Tribe of Florida
and the Miccosukee Tribe of Florida regarding ancient canoes
found at Newnans Lake.
He later stated contacting the Tribes is a "courtesy".
· Mr. Miller advised against the prosecution of John Rabe despite
videotape of Mr. Rabe digging in violation of FSS 872.05 into
the Reedy Mound and
four (4) eyewitness affidavits.
· At Bonita Springs Mr. Miller delayed a decision despite clear
directives from the appropriate representatives of the Independent
Traditional
Seminole Nation, Seminole Tribe of Florida, and Miccosukee Tribe
of Florida to repatriate. Mr. Miller advised that the decision
to, or not to repatriate
is his and he is only required to consult with the tribes. And:
WHEREAS: Jim Miller allowed the repatriation of Indigenous peoples
remains and associated funerary objects to groups of dubious
ethnicity
claiming to be Indian Nations, but had neither federal acknowledgment,
nor were terminated, nor were made up of individuals who are
eligible for
enrollment but made a choice not to be. And:
WHEREAS: Numerous sites have been ravaged by amateur anthropologists
in violation of FSS 872.05 without substantive investigations,
let alone
prosecutions. Some of the most egregious recently have occurred
at Moog Midden, Reedy, Hidden Lake, and Spring Warrior sites.
And:
WHEREAS: The State of Florida and Mr. Miller are well aware of
groups such as the Cotton Bottom Militia who raise funds by desecrating
Indigenous burial sites and selling human remains and associated
funerary objects. Yet neither Miller, nor the State of Florida
is proactively working
to halt such desecrations and grave robbery. And:
WHEREAS: The responsible agencies are failing to act in a diligent,
consistent and judicious manner to protect Indigenous burial
sites and
cemeteries within the state of Florida.
THEREFORE BE IT RESOLVED That the American Indian Movement of
Florida will continue to act in a diligent, consistent and principled
manner -in consultation with traditional Seminole and Miccosukee
peoples to protect Indigenous cemeteries and force repatriation
where necessary.
And:
BE IT FURTHER RESOLVED That the American Indian Movement of Florida
will execute and exhaust all legal remedies to force the
enforcement within the State of Florida of the NAGPRA, ARPRA
and Florida Unmarked Human Burial Act, including but not limited
to legally
holding the Governor, Attorney General and BAR Chief accountable
for their inaction. And:
BE IT FURTHER RESOLVED That the American Indian Movement of Florida
will continue to demand the immediate termination of James
Miller as the Bureau of Archaeological Research Chief . And:
BE IT FURTHER RESOLVED That the American Indian Movement of Florida
will call upon the State of Florida to consider binding
recommendations from the Seminole Tribe of Florida, Miccosukee
Tribe of Florida, Independent Traditional Seminole Nation and
further hire
someone approved unanimously by the aforementioned entities to
replace Jim Miller as Chief of the Bureau of Archaeological Research.
RESOLUTION ADOPTED AT THE 15th AMERICAN INDIAN MOVEMENT OF FLORIDA
STATE CONFERENCE BURIAL
SITE/GRAVE DESECRATION/REPATRIATION WORKSHOP SEPTEMBER 2ND, 2000
AT WICKHAM PARK AMPHITHEATER
MELBOURNE, FLORIDA.
Posted with FLAIM approval
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