Transcript Native-Based Policy National Indian Education Conference

Navajo Studies Conference
Albuquerque, NM
November 2, 2006
Diné Policy Institute
with Diné College
Historical Development of the
Institute
2001 – Navajo Nation passed the
Fundamental Law of the Diné.
2003 – Navajo Nation Speaker begins
discussions of Diné Policy Institute
2005 – Diné Policy Institute established by
Diné College and Navajo Nation Council.
Partnership
 Diné College and the Navajo Nation
Council.
 Institutional Partnership
 Policy Development
 Sharing ideas, concepts and methods
Mission 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
N7’hook11’ Dine’4’, in order to renew the principles
and values of S2’ah Naaghai Bik’4h H0zh00n.
Purpose of DPI
 Uphold the integrity of the Dine people to
continue to survive by ensuring positive
policy processes embedded in Din4 Lifeway
Tradition.
 To promote N7ts1h1k44s, Nahat’1h, Iina, and
Siihasin in policy making.
Elements of Policy Analysis:
1.
2.
3.
4.
5.
Goals, including normative constraints and relative weights for the
goals.
Policies, programs, projects, decisions, options, means, or other
alternatives that are available for achieving the goals.
Relations between the policies and the goals, including relations
that are established by intuition, authority, statistics, observation,
deduction, guesses, or by other means.
Drawing a tentative conclusion as to which policy or combination
of policies is best to adopt in light of the goals, policies, and
relations.
Determining what it would take to bring a second place or other
alternative up to first.
Conventional Approach to policy
analysis
6.
Decide
which
policy is
best
5.
Apply Criteria
for assessing options
4.
Select
the
Criteria
1.
Identify
and define
the Problem
2. Select Goals
3.
Identify
policy options
Problems with current process
1.
Does not give due consideration of Indian cultural
values and tradition; when it is given, it is usually
applied in a superficial NOT substantive manner.
2.
Usually a specific (non-Indian) value set is employed,
which often does not comport with Indian values:
a)
Draws on goals and objectives that are contradictory to Indian
values.
3.
Silences the political voice of the Indian people.
4.
Locks the Indian people out of the policy and decisionmaking discourse.
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.
Worldview and methods
Worldview
Principles, Values,
Philosophies
Methods for analysis
Source: Te Wananga-O-Raukawa
Western Worldview
 NOT monolithic but reflects a continuum of
values.
 Variegated forms of thought and ways of doing.
 Often the following recognized expressions
define this worldview:
 Democracy, materialism, secularism, utilitarianism,
individualism, empiricism, and reductionism.
Source: Shahul Hameed Mohamed Ibrahim
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.
Navajo Nation Approach:
Reactive-Crisis Model

We rely on what the Navajo Nation gives us to make a decision.”

“We do not look at the long term impact…if it looks good we do it.”

“There is no analysis of the issue.”

“Issue is made by the people, without any real information about the impact of the
issue at hand.”

“Our policies consist of the Five Management system.”

“Chapters have no policy plans, they react to crisis, nobody wants to CHANGE.”

“ No one wants to come together and brainstorm issues.”
Current Policy-Making Practice at the Chapter
Level (on the Navajo Nation)
Issue voted on
1. at Chapter Meeting
by chapter members
2.
Issue goes to
Planning Meeting
3.
Planning Officials
decide if issue
should go to
Chapter Meeting
no, may go back
to planning meeting
Diné Paradigm
Siihasin
N7ts1h1k44s
S2’ah Naaghai
Bik’4h H0zh00n
Iina
Nahat’1h
Unique qualities of the traditional policymaking process:
1.
2.
3.
4.
5.
6.
7.
8.
9.
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 stakeholders T’11 a[tsx= l3 danizin
Reciprocity K’4 bee ah7dini[naa baats4h1k44s
Accountability Hw7deet’7igo, bee h22ts0dl7igo
Rational Yin7dilyin k’4hgo ts0hok0s nihwiit’11
Equity T’11 a[tsx0 ahidik-’
Public Trust Din4 ahee[t’4ego daa’ahoodl1’
Further Explication of Diné Process
Nitsahakees
Identify the issues and think it through.
1. Hozhooj7 – Think about the positive side of the
problem.


Positive externalities
Ask: What good has resulted from this?
2. Nay44j7 – Think about the negative side of the problem


Negative externalities
Ask: Who is concerned about the problem? Why? What are
the stakes in the issues? What is the extent and magnitude of
the problem?
Nahat’1h
Plan different ways to solve the problem
1. Hozh0oj7 – Plan in a way that highlights the
positive aspects of the alternatives.

List possible resolutions
2. Nay4ej7- Plan in a way that ameliorates the
negative aspects of the problem.

Always list no action (maintain the status quo)
Iina
Living and implementing the plans
1. Hozh0oj7 – Ensure that the plans implemented
provide a good to the community.

Monitor and maintain the policy to ensure it is
having its intended affect.
2. Nay4ej7 – Ensure that the ill effects are
mitigated.

Monitor to assure that it does not change
unintentionally.
Siihasin
Reflection and Evaluation
1. Hozh0oj7 – Follow through and measure
the post-policy positive externalities

Evaluation of the policy to see if the benefits
are coming to the intended constituents.
2. Nay4ej7 – Monitor to see if the policy is
failing.

If failing, modify or terminate the policy.
Connections to Fundamental Law

The F.L comprises:
1.
2.
3.
4.

Natural
Traditional
Customary
Common
The categorization of these four laws is a
modern development and an attempt to
organize Navajo philosophy into forms useful
for policy analysis and law-making.
Fundamental Laws
 Natural Law
 Y1’1[niineey1n7 bib44 haz’1anii
 Traditional Law
 Diyin Dine’4’ naak7ts’11d1ago naakai bib44 haz’1anii
 Customary Law
 Naak7shch77n d00 nah1sdz11n d00 y1d7[h7[ d00 j0h0naa’47 bib44
haz’1anii
 Common Law
 Y00[gai azd11n d00 Asdz11 n1dl44h7 d00 Diyin Dine’4’ bib44 haz’1anii.
Natural Law
Natural Order based on a diurnal system
 Emergence of the Holy People.
 Recreation of Naah1sdz11n d00 Y1d7[hi[ (Mother Earth and
Father Sky)
 Creation of Hooghan bik’a’ii d00 Hooghan bi’1adii. (Male
and female hogan)
 Example: Sun rises in the East and sets in the
West. The rotation of the earth, the migratory
patterns of animals.
Traditional Law
Diyin Dine’4 Bibeehaz’1anii (The laws of the Holy
People)
 Birth of Changing woman
 Kinaalda
 Separation of the sexes
 Spiritual Law
 Ceremonial law – patterns of behavior implied by
ceremonials and ceremonial content.
Customary Law
Bik’4hgoo Ooch77[ d00 Bik’4hgo Anoos44[
(From Birth to Old Age)
 Given to the Twins at J0honaa’47 b44 h00ghan (the Sun’s
home).
 Used to destroy evil, rebalance right and wrong, and put
things back into harmony.
 Laws governing life.
 Example: When baby laughs – First laugh dinner
to ensure that child is giving and well-rounded.
Common Law
K’4 as expressed in the individual, family,
community and Nation.
 Given upon the re-creation of the four clans.
 There are many ways of regulating
behavior.
 Derived from the preceding three laws.
 Example: One is not to steal another’s
things, this will disrupt balance.
Ahx4’44’
For more information contact:
 Robert Yazzie, Director
1(928) 724-6945
 Moroni Benally, Policy Analyst
1(928) 724-6944 or [email protected]
 Rayetta Johnson, Secretary and Research Assistant
1(928) 724-6945 [email protected]