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Box 2574 :: :: Olympia, Wa Fido Net 1:352/333 :: :: 98507-2574 206-786-9629 :: :: USA The Quarto Mundista BBS :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: T H E N A V A J O N A T I O N P.O. BOX 308 * WINDOW ROCK, ARIZONA 86515 * (602) 871-4941 T H E N A V A J O N A T I O N CN-61-89 Class "C" Resolution No BIA Action Required. RESOLUTION OF THE NAVAJO TRIBAL COUNCIL Adopting Policies and Principles to Guide a Comprehensive Settlement of Issues Relating to the Navajo-Hopi Land Dispute WHEREAS: 1. The Navajo Tribal Council is the lawful representative governing assembly of the Navajo Nation; and 2. The recommendation of the Advisory Committee of the Navajo Tribal Council by Resolution ACS-180-89 is attached hereto as Exhibit "A"; and 3. The time is now appropriate for consideration of a comprehensive settlement of the so-called Navajo-Hopi Land Dispute; and 4. The Navajo Tribal Council has reviewed the proposed policies and principles for such a settlement which was prepared by the members of the Navajo-Hopi Land Commission and the staff of the Navajo-Hopi Development Office, and which has been circulated widely among those most affected by the "land dispute". NOW THEREFORE BE IT RESOLVED THAT: 1. The Navajo Tribal Council adopts the attached POLICY STATEMENT: PRINCIPLES FOR A COMPREHENSIVE SETTLEMENT OF THE NAVAJO-HOPI LAND DISPUTE. (Attached hereto as Exhibit "B"). 2. The Navajo Tribal Council hereby urges the Interim Chairman and the Navajo-Hopi Task Force to do everything necessary to accomplish the intent of this resolution. CERTIFICATION I hereby certify that the foregoing resolution was duly considered by the Navajo Tribal Council at a duly called meeting in Window Rock, Navajo Nation (Arizona), at which a quorum was present and that same was passed by a vote of 55 in favor, 1 opposed and 1 abstained, this 22nd day of November 1989. ________________________ Interim Chairman Navajo Tribal Council EXHIBIT "B" POLICY STATEMENT: PRINCIPLES FOR A COMPREHENSIVE SETTLEMENT OF THE NAVAJO-HOPI LAND DISPUTE November 22, 1989 Without changing its position that forcible or coerced relocation is wrong, inhumane and therefore unacceptable, the Navajo Nation offers these principles as a basis and guide for a comprehensive settlement of the Navajo-Hopi land dispute. Elements of this settlement will include settling all outstanding litigation between the two tribes, and value for value as well as acre for acre land exchanges. These elements will be subject to negotiations between the Navajo Nation and the Hopi Tribe. By application of these principles, it is hoped that most of the adverse effects of relocation and the land dispute can be mitigated. The comprehensive settlement must be regional in scope and must address the needs of all groups of people whose lives have been affected over the years by the "land disputes." The legislation cannot simply settle outstanding issues, but must provide remedies for the accumulated adverse effects of all the federal actions which have been taken over the years in response to these issues. The Comprehensive Settlement has to improve the condition of all interested parties affected by the Navajo-Hopi land disputes. It is essential that any legislation advance the legitimate interests of Hopi people and residents of the surrounding off- reservation areas, as well as those of Navajo Tribal members. We suggest these approaches: I. General Principles: the Comprehensive Settlement must be guided by and conform to moral and ethical principles, in order for it to be a credible alternative to relocation. A. The "land disputes" are not the fault of any of the people who live in the disputed lands. There are no Navajo or Hopi criminals who must be punished. There should be no need to use force or coercion against individuals or families to implement any provision of the Comprehensive Settlement bill. B. A settlement of the "land disputes" must recognize the constitutional and human rights of all the people it affects. These rights include: 1. Freedom of religion: no people should be prohibited or constrained in the practice of traditional or adopted religion. Access to religious sites must be guaranteed. Construction needed for religious purposes should be permitted. Ministers, teachers, medicine people, and others who gather at the invitation of Navajo or Hopi people to assist them in the practice of their religion should be able to do so without restriction or harassment. 2. Freedom to practice traditional culture: no traditional people residing in the "disputed lands" should be constrained from practicing their traditional ways of life. This means that they should be guaranteed access to necessary grazing and farming lands, and the support of family, clan, and traditional society. 3. Standards for relocation: forcible or coerced relocation is wrong, inhumane and therefore unacceptable, and the numbers of people relocated must be minimized to the greatest extent possible. Whatever remains of the relocation program it must conform with generally accepted standards for resettlement projects involving traditional people. The federal government must take full responsibility for relocation, addressing its impacts in a comprehensive manner and over the long term. Resettlement must be planned with the full participation of relocatees, host communities, and the Navajo Nation. Relocation should provide a range of lifestyle choices and opportunities, both for traditional life and for education and economic advancement, on a land base equivalent to that from which relocatees were removed. Resettlement should provide for the needs of future generations as well as the immediate necessity of housing today's relocatees. Resettlement should respect Navajo tradition and culture. Relocatees should be able to exert direct personal and community control over the relocation process. 4. Participation and consent: Any plans and programs which are part of the Comprehensive Settlement should be developed with the participation and consent of the communities involved. Negotiations should be open to representatives of affected communities. C. The Comprehensive Settlement should recognize and embrace Native American beliefs regarding stewardship of the land. The settlement should implicitly recognize that, whoever "owns" it, the land has been cared for by generations of Navajo and Hopi people and has in turn nurtured and supported them. Whatever arrangements are made regarding actual title to land and resources, the comprehensive settlement should guarantee the continuance of traditional Navajo and Hopi lifestyle and religion; it should also recognize and reconcile the needs and aspirations of both peoples for economic and community development. In no case should any provision of the Comprehensive Settlement lead to the degradation or destruction of land and resources. Instead, both Navajo and Hopi people should be given the means to protect and restore these lands, and to use them in harmony with each other and with the land. D. The Comprehensive Settlement should provide opportunities for economic and social progress. It is not enough just to end the misguided policies of relocation and endless litigation nor is it enough to succor the people who have suffered as their result. Times change, life goes on, and many Navajo and Hopi people aspire to participate - on their own terms - in modern society. The settlement should provide for self- generating regional development in the "disputed lands," economic and social opportunities, and educational advancement for those Navajo and Hopi people who desire these things. The settlement should be informed by a respect for the people of the disputed lands, their culture, traditions, hopes, fears, needs, and desires, and it must embody, at last, social justice for all those who live there. II. Resolution of Human Issues: The bill should recognize the human diversity and special needs of those effected by the various aspects of the "land dispute." These people include: A. Traditional residents of the HPL: These residents must be accommodated on their ancestral lands. Their economic, cultural, and social needs must be met. B. Refugees and those whose relocations have failed: There are over seven hundred Navajo families who voluntarily left the HPL, were certified for relocation benefits, but have not yet received them. Many of these families have been waiting for years, and are no closer to receiving benefits than when they left the HPL. In addition there are more than 1,500 Navajo families who once had homes on the HPL but were declared ineligible for relocation benefits. Other Navajo families have returned to the HPL after losing their relocation homes. At present, many of these families are living in the most precarious of circumstances. All are without the lands they need to support themselves, and some are actually homeless. These families' difficulties must be addressed. C. Relocatees: Those who relocated to the Navajo and Hopi Reservations, off-reservation, or to the Chambers/ Sanders Trust Lands, must receive the full benefits which Congress intended they receive. They need ongoing support and counseling, and should receive whatever other assistance is necessary to reestablish their lives. D. Relocation Host Communities: these areas should benefit rather than suffer from the presence in their midst of relocatees. Services and infrastructure provided relocatees should be extended to the host community, including those in northwestern New Mexico and the New Lands. In no case should the presence of relocatees be allowed to cause a reduction of resources or services available to the host community, or in its quality of life. E. District Six Evictees: In 1943 and again in 1973, Navajos were evicted from their ancestral homes in District Six. These people for the most part were never compensated for the loss of their homes, livestock, lands, and livelihood. A comprehensive settlement bill must address this injustice. F. 1934 Boundary Act Reservation residents: The Hopi Tribe is now suing the Navajo Nation for title to much of the remaining Navajo Reservation in Arizona. Any comprehensive settlement must resolve all pending litigations and prohibit any further litigation. Even if no settlement of this issue is reached, an alternative to relocation must be found for the 1934 Area. The mistakes of the past must not be repeated. G. Statutory Freeze Area residents: Part of the 1934 Navajo Reservation has been subject to severe development restrictions since 1966. Congress recently amended the law to allow approval of limited construction by the Secretary of Interior. That approval should be granted liberally. The Navajo Nation is willing to agree that any such development will not affect the legal rights of either Tribe in pending litigation. The Secretary should also expand the administrative area in and around Tuba City and create similar areas in other Navajo Communities to allow necessary repair and development. The Navajo Nation believes the Freeze must be completely lifted for members of both tribes as soon as possible. Substantial financial assistance will be needed to rehabilitate communities which have been deteriorating under the Freeze for the last 23 years, and to assist the families and individuals whose lives and careers have been similarly constrained. H. Special Populations: the Navajo and Hopi tribal members affected by relocation and the "land disputes" are not a monolithic group, but include a number of distinct populations, each with its special needs: 1. Navajo-Hopis: people of mixed Navajo and Hopi ancestry are a distinct minority within both tribes, and report instances of discrimination in, and alienation from, the communities in which they live or with which they have ties of blood, clan affiliation, or culture. A great number of Navajo- Hopis, who are concentrated in the "disputed lands" have had problems because of their indeterminate status. The comprehensive settlement should provide for a non-judicial settlement of their status, rights, and interests which is acceptable to them and to both Tribes. 2. Grazing Permittees: Grazing permits have been taken from permittees and not returned. Permits must be returned and/or compensation provided for the taking of this property. Implementation: Perhaps a combination of intertribal and communal negotiations and arbitration by traditional leaders could be used to settle these human issues. Failing that, recourse could be made to binding arbitration or other non-judicial settlement. It is likely that such settlements will require ongoing support and monitoring by a neutral ombudsman, to whom any individual or group might appeal for justice. III. Regional Rehabilitation and Development A. The bill should authorize and provide funding for regional economic planning and development. Creative approaches combining private and tribal enterprise, regional infrastructure development, and federally guaranteed development financing, could benefit the Navajo and Hopi people, including host communities in Arizona and Nev Mexico. Human resource development should be an essential part of such planning and development. B. The bill should offset the economic and social costs of the relocation program. This includes provisions for rehabilitating and compensating those whose lives have been shattered, and assistance to tribal, state, and local governments in caring for them. It should include education, scholarships, job training and placement programs, restoration of grazing rights and privileges, and similar benefits for those who are able to take advantage of them, including host communities. C. The bill should authorize and provide funding for planning and development in the 1882 and 1934 "land dispute" areas. These areas have been "frozen" in time for over twenty years, with essentially no development; in fact existing structures and infrastructure have been deteriorating under the impact of increased use and deferred maintenance. Implementation: The magnitude of this rehabilitation and development effort should not be underestimated. While some costs can be avoided by ending relocation from the HPL, there still remain the costs of fulfilling the promises made to those who have already relocated, and of repairing the damage done to those whom relocation has rendered homeless or whose lives it has damaged. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- To have a current Center For World Indigenous Studies Publication Catalogue sent to you via e-mail, send a request to jburrows@halcyon.com FTP ftp.halcyon.com /pub/FWDP/CWIS Center For World Indigenous Studies P.O. Box 2574 Olympia, WA U.S.A. 98507-2574 BBS: 206-786-9629 OCR Provided by Caere Corporation's PageKeeper