Traditional Justice The Navajo Nation Laboratory

1. Forgotten People�and Dooda Desert Rock EJ CoalitionNihima Nahasdzaan BahaahasinPreserve Our Mother Earth 'Traditional' JusticeThe Navajo Nation Laboratory

2.  Din� Bi Beehaz'�anii Bitse Sil��Declaration of the Foundation of Din� Law We, the Din�, the people of the Great Covenant, are the image of our ancestors and we are created in connection with all creation. The Din� have a sacred obligation and duty to respect, preserve and protect all that was provided for we were designated as the steward of these relatives through our use of the sacred gifts of language and thinking; and Mother Earth and Father Sky is part of us as the Din� and the Din� is part of Mother Earth and Father Sky; The Din� must treat this sacred bond with love and respect without exerting dominance for we do not own our mother or father. It is the duty and responsibility of the Din� to protect and preserve the beauty of the natural world for future generations.

3. Traditional Environmental Justice

4. Road Map Introduction Din� Natural Law Din� Natural Law as Law The Navajo Nation as Laboratory Case Study: Dooda Desert Rock

5. Who we are? Forgotten People CDC and Dooda Desert Rock Members come from 5 groups Navajos who were relocated from the former Navajo-Hopi Joint Use Area (HPL) Navajos who still live on HPL Navajos who live on the New Lands relocation area Navajos who were victimized by the Bennett Freeze- 40 year prohibition of any kind of development Navajos from Chaco Rio New Mexico

6. Forgotten People CDC ya at eeh�

7. What we are here to talk about? Navajo Nation is a laboratory where a new direction for Environmental Justice is being developed Based on Din� Natural Law A set of principles incorporated into the Navajo Nation Code Navajo Nation Courts are a pioneer in the development of Indian traditional law

8. How does Din� Natural Law redefine Environmental Justice ? These are most fundamental laws and must be respected Not the view of a religious minority to be included in a �cultural impact� paragraph of an EIS No government � tribal or federal � has right to violate these laws

9. Din� Natural Law

10. What is Din� Natural Law ? One of four components of Din� Bi Beehaz�anii Bitse' Sil��- Din� Law Diyin Bits' aadee' Beehaz' aanii- Din� Traditional Law Diyin Din� e' Bits' aadee' Beehaz' �anii- Din� Customary Law Nahasdz��n d�� Y�dilhil Bits' ��de'e' Beehaz' �anii- Din� Natural Law Diyin Nohook�� Din� Bi Beehaz' �anii- Din� Common Law

11. Din� Natural Law The four sacred elements of life � air, light/fire, wateer, and earth/pollen � in all their forms must be respected honored and protected The six sacred mountains must be respected, honored, and protected All creation, from Mother Earth and Father Sky to the animals and plants have their own laws, rights, and freedom to exist

12. Din� Natural Law The Din� have sacred obligation to respect, preserve and protect all that was provided as the steward for our relatives Mother Earth and Father Sky are part of us and we are part of them. We must treat this bond with love and respect without exerting dominance The rights to use the land, natural resources, sacred sites, and other living beings must be accomplished through the protocol of offering and these practices must be protected The Din� have the duty and obligation to protect and preserve the beauty of the natural world for future generations

13. How does this differ from US Law ? In US law, the environment is a commodity: quantifiable in units such as air pollution measurements environmental costs balanced against economic gains In Din� Natural Law, we are interconnected - K'e A person is not separate from the world, rather she is a part of the world and the world is part of her.

14. How does this differ from US Law ? In US, the environment is secondary an externality to be considered as part of approving a development project In DNL, the environment is most important for example, of the lake next to my home is relatively as important as the welfare of my son or daughter

15. How does this differ from US Law ? In US law, the environment is utilitarian based In DNL, a spiritual notions of the environment Respect for all life with songs, prayers and offerings. Stewardship

16. How does this affect an EIS ? EIS protects sacred sites: EIS can protect religious sites based on a property right established by customary use Must prove damage to the property In Din� Natural Law, the environment as a whole is sacred

17. How does this affect an EIS ? Culture is insignificant part of an EIS Identifies Navajo culture with grazing of livestock, Culture is separate from the environment In DNL, culture is inseparable from environment spiritual balance is vital to maintaining a healthy relationship with the environment

18. Din� Natural Law as Law

19. Embedded into legal system Navajo Nation Supreme Court says that traditional law is the higher law the law of preference in the Navajo Nation Natural law recently codified as Section 205 of the Navajo Nation code No Constitution on the Navajo Nation Navajo Nation Supreme Court has used Traditional Law to overturn actions of the legislative branch

20. Precedents in International Law UN Declaration on Rights of Indigenous Peoples right to preserve spiritual relationship with land Committee on Economic, Cultural and Social Rights Development activities that break symbiotic relationship with land are a violation of right to health Constitutions of other Nations: Germany: government must take responsibility for future generations South Africa: sustainable development to preserve environment for future generations

21. Din� Natural Law & NEPA NEPA�s definition of environment different than traditional peoples NEPA defines environment in the narrow sense of geology, soils, topography, erosion, etc., while traditional peoples look at natural resources as religious resources These differences in perspective create inadequacies within the EIS mechanism Din� look at the environment as a living world and is embodied in the fundamental laws of the Din�

22. Din� Natural Law & TERA What are Tribal Energy Resource Agreements Allow tribes more control over development Designed by group headed by VP Cheney, not environmentalists Use poverty on Indian lands as extortion to accept dirty development Navajo Nation Shirley's comments that Desert Rock is needed to put shoes on feet of Navajo children TERA intended to facilitate: mining without environmental constraints dirty power production nuclear waste disposal

23. Din� Natural Law & TERA Could TERA achieve opposite of intended effect ? TERA transfers more power to tribe. What if tribes apply high environmental standards ? Could Din� Natural Law be a trojan horse for TERA ? Placate environmentalists concerned about loss of protection Laws suggest that environment would receive greater protection But developers assume executive branch will dominate

24. Navajo Nation where these issues will be resolved

25. The Navajo Nation as Laboratory for Environmental Justice

26. Past injustices � uranium mining From 1944 to 1986, 3.9 million tons of uranium ore extracted from Navajo Nation Largest release of radioactive material in US occured at Church Rock in 1979 Health of Navajo miners not protected Thousands of abandoned mines and mine waste continue to exist on the NN

27. Past injustices � Coal mines Some of nations largest strip mines are on Navajo Nation Impact on air quality Impact on groundwater Coal slurry line depletes N-aquifer

28. Past injustices � Power plants Plants at Four Corners were dirtiest in US prior to recent clean-up 15% of people in nearby communities suffered from lung disease Clean-up forced by concerns about tourist vistas in Grand Canyon, not about health of Din�

29. Past injustices � Navajo-Hopi Land Dispute Relocation: 14,000 people forcibly evicted Bennett freeze: people blocked from home repairs for 40 years Ostensibly due to a tribal land dispute, not mining PL93-531 written by attorney working for Peabody Coal Pushed through Congress by PR firm hired by Peabody Coal

30. Current Environmental Justice Issues Disproportionately high and adverse health & environmental effects Impact of uranium mining on miners Impact of uranium waste on communities Impact of power plants on nearby communities Impact of strip mines of air & water quality Impact of slurry line on aquifer

31. Current Environmental Justice Issues Lack of public participation Right restricted to executive branch of NN People in affected communities never notified Critical information not available No community participation in planning process Presented only with alternatives chosen by developers

32. Current Environmental Justice Issues Lack of research and data collection relating to health & environmental effects Lack of info on uranium slag heaps & impact Lack of info on health problems: asthma, kidney failure

33. Current Environmental Justice Issues Disproportionate consumption of natural resources Revenues do not reach people directly affected by development Export power to Southwest, yet 40% of homes on NN lack electricity

34. EJ Implementation Challenges Logistical issues Communication issues: people in remote areas without electricity Lack of resources: citizens lack resources to hire attorneys, etc.

35. EJ Implementation Challenges Fox guarding the hen house Mandate of agency regulating mining (OSM) is to promote mining Agency representing Din� (NN) established for purpose of issuing leases

36. EJ Implementation Challenges Ad-hoc companies: Companies dissolve when mines close or exploitation stops No clean-up or reclamation No liability for damages

37. EJ Implementation Challenges Economic extortion: Only economic options presented are environmentally destructive How to create opportunities that are in accordance with Din� natural law

38. Experiments underway in the Navajo Nation laboratory Uranium mining: will it restart? Outlawed in NN, but pressures to resume Black Mesa strip mine: Will mining resume ? will the N-aquifer be protected ?

39. Experiments underway in the Navajo Nation laboratory Solar electrification project Initiative of the Forgotten People CDC Provide electrification, refrigeration to off-grid Din� Energy compatible with traditional Din� Law Proposed wind-farm in Cameron description (Citizens Entergy) no community involvement does it fit with Din� natural law ?

40. Experiments underway in the Navajo Nation laboratory What role will Traditional Law play in these issues ?

41. Case Study: Dooda Desert Rock

42. Dooda Desert Rock encampment

43. What is Desert Rock Energy Project ? Proposed construction of 1500 MWatt power plant Fed from existing coal strip mine to be expanded Backers claim it is largest development project on Indian lands Sponsored by Din� Power Authority & Sithe Global LLC. DPA is agency in executive branch of Navajo Nation Sithe Global LLC: Power plant developer owned by Wall Street firm

44. Environmental Issues with Desert Rock proposed energy project Impact on global climate change Coal power is wrong policy No carbon sequestration Cumulative impact on local air quality Already too many plants in area Expansion of strip mining Impact on air and water quality Impact on aquifers Power line construction

45. EJ Issues with Desert Rock proposed energy project No participation of people in the affected communities First heard of project when contractors arrived No participation in planning or exploration of alternatives Public participation not informed and timely Unequal distribution of revenues Revenues go to tribal government No benefits provided to affected communities

46. Project EIS & Din� Traditional Law EIS fails to understand �culture� as the Navajo perceive it Defines the concepts of �culture� and �cultural resource� in narrow, historic and archeological jargon Definition of culture is too limited to represent Navajo life way The Navajo practice of �offering� is not addressed Navajo worldview and fundamental laws not articulated in EIS The DEIS makes no mention on Din� Natural Law mandate to respect, honor and protect the �four sacred elements of life� and impacts to offering practices and Din� way of life

47. Project EIS & Din� Traditional Law Need to use a different cost/benefit analysis Construction will diminish spiritual balance by eliminating aspects of the Navajo life way that is vital to maintaining a healthy relationship with the environment

48. Evaluated Using Din� Traditional Law Not enough considerations of the project impacts on Navajo tribal members Need to define a broader set of environmental and cultural impacts Economic efficiency conflicts with values in the fundamental laws Not enough exploration of alternatives to the project The DEIS is in violation of Navajo fundamental law and alternative mitigations must be suggested

49. We will not be forgotten!  ah� he