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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 SEPTEMBER 21, 1993 Madame Erica-Irene Daes, Chair Working Group on Indigenous Peoples Sub-Commission on the Prevention of Discrimination and Protection of Minorities c/o Under-Secretary General for Human Rights United Nations Office 1211 Geneva 10 Switzerland Dear Madame Daes: I would like to express to the Working Group on Indigenous Peoples the Navajo Nation's appreciation, and the desire that the Working Group continue to work constructively to the greatest extent possible on behalf of Navajo families facing relocation under U.S. Public Law 93- 531. In the interval since I last contacted you, the mediation ordered by the United States Ninth Circuit Court of Appeals in the cases of MANYBEADS v. UNITED STATES and MASAYESVA v. HASKIE has led to the signing of an Agreement in Principle among the Navajo Nation, the Hopi Tribe, the United States Government and the representative for the traditional Dine' families who are subject to eviction from their lands under U.S. Public Law 93-531. Because of the dynamics of the mediation process, this Agreement, while being very favorable to the United States and the Hopi Tribal governments, did not meet the basic needs of the traditional Dine' families who are the MANYBEADS plaintiffs. The Agreement was strongly opposed, not only by the Dine' families, but by the non-Indian communities and political leadership of Arizona as well. The Agreement in Principle proposed to accommodate the traditional Dine' families by means of a restrictive, 75- year lease of the land they consider their own. The main objections raised by these families in the 50 public meetings we have held with them since the Agreement was signed, are these: 1) The proposed lease has no provision for renewal, thus offering no security of tenure to the Dine' families; 2) The Agreement and proposed lease contain provisions for eviction of any Dine' families who refuse to sign, as well as numerous other pretexts under which individuals can lose their leases. THERE WILL BE EVICTION UNDER THE AGREEMENT AND LEASE; 3) The proposed lease forces the Dine' families to agree, contrary to the Dine' religion, that their homes and the area surrounding are not sacred; 4) The proposed lease forbids the Dine' families to bury their deceased in the land from where they came. This is contrary to the Dine' religion; 5) The Agreement refers to a list of people eligible for leases. This list was developed by the tribal government as a census. The families feel it is their right, and not the government's, to determine who is a family member and who will be allowed to live on their land. 6) The area to be leased to the Dine' families was only 3 acres (1.3 HA) for homesites, and 10 acres (4.2 HA) for field crops. The proposed lease does not reflect the actual land use needs of traditional Dine' family and religious life. 7) The proposed lease forbids and precludes any economic activity in the homesite, while at the same time allowing only very limited grazing for the livestock of the Dine' families. The Dine' families submitted a brief to the MANYBEADS mediator in which their objections to the mediation results are outlined in detail. A copy is enclosed. In addition, the Dine' families objected to the mediation process. When substantive negotiations began, there was very little direct participation by the Dine' families. Although they were represented by their counsel in mediation, Dine' political practice is through direct democracy, open meetings and consensual decision making. This is what the Dine' families mean when they say THEY WERE NOT CONSULTED ABOUT THE AGREEMENT IN PRINCIPLE AND THE PROPOSED LEASE. The MANYBEADS mediator ordered all the Dine' families living on the so-called disputed lands to sign and submit to him a document indicating whether or not they would "ratify" the Agreement in Principle and agree to the proposed lease arrangement. On the mediator's deadline for ratifying the agreement, August 5, 1993, the families submitted their replies. Only seven families signed the mediator's consent agreement. However, over two hundred and ten of the families contacted did sign an alternate document indicating a desire to continue mediation and outlining four possible settlement options for discussion. The Navajo Nation was determined to prevent the failure of mediation. We therefore presented an offer of settlement on August 5, 1993 which addresses the many concerns and objections over the original Agreement in Principle. This offer was made to the Hopi Tribe during the August 5, 1993 mediation session held at Rocky Ridge School near Big Mountain. The Hopi Tribe and the U.S. government representatives both rejected our offer. The Hopi Tribe walked out. The United States representatives began, prior even to the mediator making any recommendation, a public relations campaign to blame the failure of mediation on the Navajo Nation and on the Dine' families and their counsel. The Hopi Tribal Council has passed resolution (H-127-93) calling on the United States to forcibly remove the Dine' families from the "disputed lands." I believe that the process used for the MANYBEADS mediation was contrary to Sub-Commission resolutions 1989/37, 1990/34 and 1992/36, in that mediation did not have the "effective participation of the families and communities involved" and that, included in the Agreement in Principle AT THE INSISTENCE OF THE UNITED STATES GOVERNMENT AND THE HOPI TRIBE, are provisions for eviction or involuntary relocation of traditional Dine' from the homes they have occupied since time began. I also believe that primary responsibility for the current impasse rests with the United States negotiating team. I do not believe that the United States government misrepresented its position to the Sub-Commission; rather I think that the mid-level attorneys on the U.S. negotiating team were simply unaware that their actions contravene the official position of the United States, which has declared to the Sub-Commission that it is not conducting and will not conduct forcible relocation of indigenous peoples. We continue to support the Navajo people living in the "disputed lands" and welcome United Nations oversight. We will continue to respect the advice and guidance provided to us on behalf of the Navajo people living on the land. We respect the United Nations and the spirit of peaceful dialogue which it represents. Thank you for your efforts. Sincerely, Navajo Nation Peterson Zah, President P.O. Box 308 Window Rock AZ 86515 USA -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- 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 FAX: 206-956-1087 OCR Provided by Caere Corporation's PageKeeper