Native-Based Policy National Indian Education Conference

1. Native-Based PolicyNational Indian Education Conference Diné Policy Institute Moroni Benally, Policy Analyst Robert Yazzie, Director

2. Mission and Purpose of Diné Policy Institute Under the traditional Navajo laws, customs and usage, Diné Policy Institute will provide resources and quality research to facilitate and analyze issues and educate all people, to enhance and ensure that well-reasoned policies are developed to protect the sovereignty and cultural integrity of the Ni’hooka’ Dine’e’, in order to renew the principles and values of Sa’a Naghai Bik’e Hozhoon.

3. Conventional Approach to policy analysis

4. Problems with current process • Does not give due consideration of Indian cultural values and tradition; when give it is, it is usually applied in a superficial NOT substantive manner. • Usually a specific (non-Indian) value set is employed, which often does not comport with Indian values: • Draws on goals and objectives that are contradictory to Indian values. • Silences the political voice of the Indian people. • Locks the Indian people out of the policy and decision-making discourse.

5. Problems continued… • Does not reify Indian values. • Does not confirm Indian culture. • Does not reinforce Indian reasoning or forms of cognition. • Does not help perpetuate Indian worldview.

6. Worldview and methods Worldview Principles, Values, Philosophies Methods for analysis Source: Te Wananga-O-Raukawa

7. Western Worldview • NOT monolithic but reflects a continuum of values. • Variegated forms of thought and ways do doing. • Often the following recognized expressions define this worldview: • Democracy, materialism, secularism, utilitarianism, individualism, empiricism, and reductionism. Source: Shahul Hameed Mohamed Ibrahim

8. Western world… • The modern form of rationality “is characterized by a form of rationality that disengages the mind from the body and the world…” (Marglin) • This rationality operationalizes most of the methodologies for policy analysis.

9. Example: Cost-Benefit Analysis • Worldview: Ontological Cleft • Underlying assumption (value): criterion of economic efficiency. • Method: • Identify costs and benefits: • Quantify and monetize

10. Organizes comparison of favorable and unfavorable effects Achieves goals at lowest cost Helps set priorities Can give due consideration to non-quantifiable variables Widely used No credible metrics for costs Citizen is NOT always a consumer Not all risks the same Devalues the future (discounting) Reinforces inequality Requires judgments Strengths and Weakness of CBA Source: Gary Bryner

11. Define Problem: Select Goals: Identify Policy Options: Select Criteria: Apply Criteria to assess: Alternative sources of revenue needed. X amount of dollars raised to combat Infrastructure problems. No tax, income tax, different rate Equity, Feasibility, Economic Efficiency, etc… Example of Sales Taxes

12. Sales Tax • Regressive  Ethical concerns • Revenue raised Economic concerns • Suits Legal concerns

13. Diné worldview • Based on the principles of Sa’a Naghai Bik’e Hozhoon (SNBH). • To walk in a balanced life, with longevity and resilience. • Requires one to view the world from the perspective of k’é  K’4 bi[ naast’7. • Motivates, guides, sustains, and provides foundation for Diné thinking.

14. K’é • K’e,a fundamental principle of SNBH: • Implies that all creatures and all things in the world are “full of life and intelligence.” • Foundation of Diné Life way. Maintains the connections between the mind, body and world. • “Sa’ah Naghai Bik’e hozhoon nishligo adishni…” • Implies a degree of concern for “all living things.” • Requires concern NOT control. • Requires reciprocity

15. K’é cont’d… • Requires that harmony result from a blending - not a rejecting- of views • Resolution with respect. • Spans circumstances and crosses generations. • Inter-generational. • Requires decisions be made with sacred knowledge (which moves toward SNBH). • Requires that concern move outward from family to all living world. • Implies freedom with responsibility

16. Values implied by worldview • K’e or the social connection: relations with all creation is the foundational principle guiding the process.K’4 bi[ naast’7. • Transparency Doo naal98 da • Participatory T’11 a[tsx= baahas’2h • General consensus among all stakeholdersT’11 a[tsx= l3 danizin • ReciprocityK’4 bee ah7dini[naa baats4h1k44s • AccountabilityHw7deet’7igo, bee h22ts0dl7igo • Rationality Yin7dilyin k’4hgo ts0hok0s nihwiit’11 • Equity T’11 a[tsx0 ahidik-’ • Public TrustDin4 ahee[t’4ego daa’ahoodl1’

17. Diné paradigm

18. Source of knowledge are stories, songs, and prayers: “Mother earth is credited with placing this knowledge and identifying it with the cardinal directions. Dawn, she identified with bik’ego da’ináanii, that which give direction to life, which enables one to make proper choices whenever one is faced with a decision about values. The blue twilight, she identified with nihigáál, which is the means to making a living, the possession of knowledge and skills that enable one to meet the demands of life. The yellow evening, she identified with alha’ana’oo’niil doo ohoo’aah, the gathering of family and learning. It is here one learns to establish and maintain positive human relations and prescribed, proper social behavior and values. The enfolding darkness, night, she identified with sihasin doo hodilzin, rest, contentment, and respect for nature.” (Benally, pg. 16)

19. Diné Worldview • In the beginning before the world was created the Holy People planned and created the physical world. When the world was completed they entered these bodies. This fusion of the spirit and physical world is known as life. All creation has an “inner spirit”. This knowledge determines how we interact with creation. Source: Herbert Benally

20. Worldview cont’d For example: The physical earth has an inner spirit and hence she is our mother. Due to this knowledge we must interact with her in a respectful and reverent manner. Humans also have an inner spirit.

21. Worldview cont’d B. Navajo creation story also explains the placement of the part of the day, (e.g. dawn, day, evening and darkness) to guide and direct the people. • These parts of the day were identified with principles to assure the people with a good life. • These principles are: Bek’ehgo Da’iinaanii, Nihigaal, Aha’ana’ooniil, Hodilzin/ha’ayiih. Source: Herbert Benally

22. Principles of Balance (SNBH) • Bik’ehgo da’iinaanii: That which guides and directs people as to the direction they should go. • Nihigaal: Day was set aside for the people to make a living. • Aha’ana’ooniil: Evening was the gathering of family and reserved for families • Hodilzin and ha’ayiih: Reverence and rest was placed with the darkness to have reverence for all creation and to rest from one’s labor. Source: Herbert Benally

23. Values (Dawn) 10 10 Home/ Environment (Night) 10 0 Work Day 10 Family (Evening)

24. Criteria • Values • Work • Family • Environment

25. Criterion: ValuesThat which gives direction to life Methods of analysis: • Ethical analysis - based on values of K’é • Equity, Fairness, Distributive justice, etc… • Philosophical and theoretical analysis

26. Criterion: WorkSustenance Methods of Analysis: • Economic analysis • CBA (modified) analysis • Legal analysis • Administrative and feasibility analysis • Technical feasibility

27. Criterion: Family Gathering of the Family Methods of Analysis: • Political viability • Historical analysis • Political analysis • Impact on Family (immediate and extended, current and future) • Social impact

28. Criterion: Environment Methods of Analysis: • Environmental impact analysis • Impact on animals • Ecological impact (present and future generations)

29. Criteria for Policy Analysis • Diné paradigm dictates that the criteria mentioned before be used in any decision being made. • These must be balanced. • Each must be addressed.

30. Connections to Fundamental Law • The fundamental law requires that the environment be considered, that inter-generations are considered; • That due consideration be given the the Natural, Traditional, Customary and Common Laws.

31. Diné Policy Process(Based on the research of Herbert Benally) 1- Bee hozin - What is known 2 - Nahalin - Dialogue with others, generate assumptions together, and distill in to valid questions to be addressed. 3 - Nabik'id Tsahakees - Intense observation and listening, move towards understanding the others point of view, generate more assumptions together.

32. Process Cont’d 4 - Koh t’eh Nahalin - Mutual understanding of knowledgeable people. data collection 5 - Bina'idikid - seek comment from the public (a) Akoh lah - More public comment, and consensus of individuals designated as experts (b) T’áá bi’oh or t’áá baa ahadin -miss the mark, start and go back to 4 and repeat process. 6 - T'aa'anii --> di na'nitinnadleeh- All groups involved accepts the policy.

33. Case study: TaxationBee hozin • Values: • Regressivity: Equity concerns and Fairness • Does theory of taxation, individual who is economically efficient comport with Diné concept of k’é and with Hajinee Bahane • Work: • Economic impact: $2.5 to $3 million, receive approx. $15 million a year from sales tax. • 1% increase

34. Bee Hozin cont’d • Family: • For infrastructure • On all goods and services • Environment: • Potential impact on trash • Potential impact on air pollution

35. Nahalin • Values: • Can theory of taxation be derived from Diné bitsehakees? Is it ethical? • Work • What exactly are legal repercussions of tax? • Family • How does it affect the social structure? • Environment • How does it affect the environment?

36. Nabik’id Tsahakees • Values • Regressive tax is unfair, but may be necessary • Work • Dead weight loss, potentially keep other businesses from developing. Dual taxation. • Family • Families have less to spend on their families to purchase necessary goods. • Lead to more leakage. • Environment • More taxes may affect power plants.

37. Koh t’eh Nahalin • Values • Taxes may be unfair…but necessary to provide for common good. • Work • There is a loss of efficient spending of money. • Family • Loss of some revenue for families to care for themselves. • Environment • No real noticeable effect.

38. Bina’idikid • Values • K’é says obligation to take of people, sometimes there may be needed sacrifices. • Work • A loss in efficient allocation of revenues is necessary sometimes for the greater good. • Family • Not good for families to be without needed revenue for support themselves. • Environment • Not noticeable effect on environment

39. T’ah bi’oh Or • Akoh lah

40. T’aanii • The tax will effect the poor, but may be necessary for the moving the Navajo Nation forward.

41. Alternatives • Since it is necessary, then… • Tax at 1% is acceptable or • No Tax, or • Another tax, such as income tax that is progressive.

42. Use process for each alternative and criteria • Choose from among the alternatives using a metric system derived from the worldview. • Metrics in this process assume that some western methods of measurement practices are okay for now, but as long as they are contextualized within the framework of k’é.

43. Conclusion • This process is comprehensive and can be modified for expedited analyses. • Maintains Diné worldview and expresses k’é. • Derived from songs, prayers and stories. • Provides guidelines on selecting different methods for analysis.

45. Axhe’ee

46. Nahalin • Can theory of taxation be derived from Diné bitsehakees?