Council rejects Westernizing Navajo fundamental law

By Jim Maniaci
Diné Bureau

WINDOW ROCK — The Navajo Nation Council overwhelmingly rejected a bill to modify the Fundamental Law of the Diné, which is the crowning achievement of the 19th Council's Speaker, Ed T. Begay, who was in the Council Chamber for the debate Friday.

By a 12-54 vote, delegates turned down the amendments to the November 2002 resolution which inserted Navajo traditional, customary, natural and common law into Title 1, which is the foundation for the 26-title Navajo Nation Code.

Delegate Omer Begay Jr. (Cornfields, Greasewood Springs, Klagetoh, Wide Ruins Chapters) said afterwards he will try again to clarify the intent of the Fundamental Law of the Dine'. He said the present law lacks clarity about whether the intention is to educate everyone, provide guiding legal principles or to preserve the language and culture.

Other delegates, especially Christians, claim the 2002 changes impose what the Christians of the 19th Century would have called pagan beliefs as an official state religion.

This violates the Navajo Bill of Rights. The resolution which inserted the Fundamental Law of the Diné into Title 1 spent a great deal of time denying the allegation, devoting one-fifth of its main content to explain that is freedom of religion.

The delegate's amendments re-asserted Western-style thinking as supreme to the new foundation in Title 1, saying the new law "shall not be construed to replace, supersede or circumvent any statutory laws or policies of the Navajo Nation and shall not operate to authorize judicially-created laws or policies."

Delegate Amos Johnson (Black Mesa, Forest Lake, Rough Rock) won an amendment to reinsert all the Navajo language in the text and to keep"inherent rights" in a sentence reading, "Hence, the respect for, honor, belief and trust in the principles and teachings of the Diné bi beenahaza' aanii preseves (protects is deleted) and enhances the following inherent rights, beliefs, practices and freedoms:" Nine specifics are then listed.

The Judiciary Committee recommended both alterations, mixing the Navajo and Western concepts in what the sponsor later said was a confusing way.

Another religious topic, defining marriage as a union between a man and a woman, was removed from the agenda because sponsor Larry Anderson Sr. (Fort Defiance) was on travel.

— To telephone reporter Jim Maniaci, telephone (505) 371-5443.