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Bay Area IWW Resolution Defending the West Berkeley Shellmound

Passed by the Bay Area IWW General Membership Branch - January 5, 2016

Whereas, California Public Resources Code Section 5097.98 (a) states: Whenever the commission receives notification of a discovery of Native American human remains from a county coroner pursuant to subdivision (c) of Section 7050.5 of the Health and Safety Code, it shall immediately notify those persons it believes to be most likely descended from the deceased Native American. The descendants may, with the permission of the owner of the land, or his or her authorized representative, inspect the site of the discovery of the Native American human remains and may recommend to the owner or the person responsible for the excavation work means for treatment or disposition, with appropriate dignity, of the human remains and any associated grave goods. The descendants shall complete their inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site; and

Whereas, California Public Resources Code Section 5097.98 (b) states: Upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section, with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment; and

Whereas, Section 7050.5 of the California Health and Safety Code states: In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are to be subject to the coroner's authority, and if the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and

Whereas, On March 29, 2016 construction workers uncovered what appear to be “pre-contact” Indian remains while digging a trench on Fourth Street near Hearst Avenue in West Berkeley as part of the redevelopment of Spenger’s Fish Grotto and adjoining parcels, and

Whereas, the uncovered remains are almost certainly part of the West Berkeley Shellmound (Berkeley City Landmark #227, believed to be centered at, but not limited to Second Street and Hearst Avenue), and

Whereas, On January 16, 2016 the Berkeley City Council adopted three resolutions strengthening recognition of the Ohlone people as the original inhabitants of Berkeley and recognizing the shellmound as an indigenous sacred site. One of the resolutions promised that the “informed consent of the Ohlone and other indigenous peoples of the region be integral to any alteration planning for the Berkeley Shellmound sacred site.”, and

Whereas, throughout the history of the United States, the livelihoods, cultural traditions, and wellbeing of indigenous peoples have been routinely abused, destroyed, discounted, and/or ignored, and

Whereas, continued construction of the project would effectively remove a portion of Berkeley City Landmark #227, and the partial or total destruction of previously unidentified intact archeological deposits by the Project would impair the ability of such resources to convey important scientific and cultural information, and

Whereas, the IWW Bay Area General Membership Branch has recognized the importance of protecting sacred indigenous cultural sites by passing resolutions in support of Standing Rock and against the Dakota Access Pipeline in North Dakota, and

Whereas, the universal union credo, "an injury to one is an injury to all" must apply to frontline communities in a broader sense,

Be it Resolved That, the IWW Bay Area General Membership Branch calls upon the City of Berkeley to deny any and all permits for this development, and

Be it Further Resolved That, the IWW Bay Area General Membership Branch demands that this site be given a larger protected status due to its cultural and historical significance."

The Inland Boatmen's Union has also passed a Reolution to Protect the West Berkeley Shelmound opposing the 1900 4th st. devolpment and we would like additional locals and the labor councils or the Bay Area to pass similar resolutions to stop the proposed desecration of this Sacred Site!"