By Kathy Helms
Diné Bureau 9/28
WINDOW ROCK — The three Navajo Nation Council delegates who voted Tuesday
against the proposed intergovernmental compact between the Nation and the Hopi
Tribe say they are not happy with statements made Wednesday by President Joe
Shirley Jr. on KTNN Radio.
Delegates Leonard Chee, Amos Johnson and Hope MacDonald-Lone Tree said in a
joint press release that President Shirley incorrectly told the Navajo people
that they do not support lifting the Bennett Freeze because of their vote.
"President Shirley is wrong on his position on the Bennett Freeze compact
and he is wrong again on Delegates Chee, Johnson, and MacDonald-Lone Tree's
vote. Delegates Chee, Johnson, and MacDonald-Lone Tree want the freeze to be
lifted, but not at the cost of individual and human rights of our people," they
said.
The delegates emphasized that they support lifting the Bennett Freeze.
"However, because President Shirley did not consult with Navajo people impacted by
the Bennett Freeze when his administration drafted the still secret
settlement, and because the settlement was not conducted in good faith, Delegates
Chee, Johnson, and MacDonald-Lone Tree cannot support the secret settlement of
the Bennett Freeze."
The delegates said the concerns they attempted to raise before council were
on several of the compact's provisions. "The compact, as it is currently
written, is restrictive and greatly accommodates the Hopi claims as opposed to
what rightfully belongs to Navajo people," they said, citing an amendment
offered by Johnson regarding religious rights.
Religious freedom
Language in the compact states, "The Navajo Nation and the Hopi tribe are
federally recognized sovereign nations that desire to live in harmony and
mutual respect for each other and further desire to resolve the 'Navajo-Hopi land
dispute' insofar as it relates to the freedom of the Navajo and Hopi people
to practice their traditional religions, and related issues."
Johnson's amendment would have accommodated traditional religions, "other
religious beliefs," and related issues. Attorneys for the Nation told Council
that the legislation needed to be approved without amendments, otherwise it
would have to go back to the Hopi Tribe for its approval, after which council
defeated the amendment.
Regardless of amendments, the compact still must go back to the Hopi Tribe
for its approval because the compact language approved in January is different
than that approved by the Hopi Tribal Council in 2004.
"Wise amendments from the council could have easily addressed the concerns
of the people and would have protected Navajo rights and the integrity of the
Navajo Nation," the delegates said.
During debate on Johnson's amendment, Delegate Tom Lapahe said it doesn't
matter whether it's written in the compact or not, that there are people on the
Hopi Reservation who practice Native American Church and Christianity. "So
we shouldn't worry whether it's written in either of these documents," he
said.
The three delegates also said that new maps outlining where the Hopi sacred
sites and corridors are located were not reviewed by council. "There may be
several sites and corridors located in areas that will restrict Navajo
people's human rights to the land," they said.
"Navajo people have yet to be informed on the exact location of the sites
and corridors, and the exact impact those sites and corridors have on Navajo
people who may be negatively impacted by the secret settlement," they said.
During a press conference following the vote, Attorney General Louis
Denetsosie said that the Hopi people who use the religious sites know where they are
located, and that per the agreement, in order to protect the sacred sites
and shrines, only those tribal officials with a need to know were being given
that information.
The three delegates said that as conveyed Tuesday during MacDonald-Lone
Tree's comments to council, the compact legislation "has far reaching,
precedent-setting and irreversible affects on our Navajo people, our land, and the
integrity our Navajo Nation."
"Navajo community resolutions respectfully requested that more time be
devoted to informing Navajo people on the compact before a vote was taken. Sadly,
this did not occur." Also, they said, it was not disclosed the amount of
Navajo land that is being conceded to the Hopi.
Trading freezes?
During an impassioned speech to council, MacDonald-Lone Tree pleaded with
delegates to vote "No" on the legislation, saying the Navajo people deserve a
clear understanding of how it might affect the 1934 reservation.
"If we are agreeing in this compact that we will not make any improvements
or build any structures within the designated Hopi religious sites, then we
are just trading one freeze for another," she said.
"Even if there is no relocation, our Navajo people are being restricted from
using their land as they had used it before it being designated Hopi
religious sites and corridors.
"As opposed to the original Bennett Freeze imposed by the Secretary of
Interior and Congress, this new freeze will be imposed on our own people by their
own government the Navajo Nation," she said.
"At least the Bennett Freeze can be changed by congressional action and
litigation. But according to the new freeze, it is forever. Our children, their
children and future generations cannot make changes to the compact they are
irrevocably bound to it and there is no recourse."
Nothing in the compact states that the Bennett Freeze will be lifted, she
said. "All that it states is that the Hopi 'promises' not to object when Navajo
asks Congress to repeal the Bennett Freeze in Article 7.6." She questioned
what would happen if the Hopi did not follow through, saying there is no
language to protect the Navajo Nation if the Hopis do not honor their promise.
According to the compact, the Navajo Nation is agreeing to give the Hopi
Tribe "50 percent of all royalties income coal, powerlines, pipelines, natural
gas lines, and other rights-of-way derived from the Bennett Freeze since
1966," she said.
"Ladies and gentlemen, the Bennett Freeze is not a joint use area. By what
right is Hopi entitled to half of the Bennett Freeze area income?"
Waiver of claims
"Even more horrendous," she said, is the language in Article 7. "We are
waiving all claims and litigation against the Hopi and agreeing that the
Secretary of Interior's approval of the compact does not create any new claim against
the United States for monetary damages."
"The Navajo Nation, essentially, has let the United States off the hook for
any legal claims that may arise from the loss of land, resources, and Navajo
rights," according to Chee, Johnson and MacDonald-Lone Tree.
"Don't we want to sue the feds and/or Hopi for damages and harm done to our
people? Why would we just walk away and leave our people to suffer on their
own?" MacDonald-Lone Tree asked.
Delegates said their concern is that "this poorly drafted provision will
forever tie the Navajo Nation hands behind its back," by not allowing them to
seek redress for the wrongs done to the Navajo people. "Is this something we
really want to forfeit?"
Also, they said, under the compact the Navajo Nation agrees to waive the
fair market value of property rights. They questioned this waiver, saying, it
was not explained to council or the Navajo people why the Nation "would agree
to waive the fair market value of property rights and possibly allow the Hopi
Tribe or the federal government to determine what they feel is the right
price for our land or property."
The Nation's leadership "should not threaten the Navajo people with threats
that 'The Bennett Freeze will never be resolved if the compact is not
approved,' or with threats that 'Litigation is a loser,' delegates said. "Those
remarks are inappropriate and extort approval from the people through fear."
Delegates Chee, Johnson, and MacDonald Lone Tree did not support the
compact, they said, because they believed "in protecting the individual and human
rights of Navajo people, the sovereignty of the Navajo Nation, and they believe
in truthfully informing the Navajo people."
http://www.gallupindependent.com/2006/sept/092806nkj_mystvote.html
Also: Elections' director mystified by lawsuit; Plaintiff did vote
(http://www.gallupindependent.com/2006/sept/092806nkj_mystvote.html)
Reprinted under the fair use doctrine of international copyright law.