Diné Policy Institute

Presentation to the Education Committee of the Navajo Nation

Council

From Concept to Reality

• 2002 the 19th NNC approved amendments to Title I of the Navajo Nation Code.

• The resolution stated:– …more work is required to elucidate the

appropriate fundamental principles and values which are to be used to educate and interpret the statutory laws already in place and those that may be enacted.

Concept to Reality

• The Navajo Nation then partnered with Diné College to establish a research facility to:

1. Develop policy for Council and committees.

2. Create a the policy making and analysis process culturally relevant

3. Research futuristic aspects of practices

4. Incorporate cultural values into contemporary methods and practices.

Concept to Reality

• With this partnership, Diné Policy Institute was conceptualized.

• DPI was then established, through a grant from the Administration for Native Americans, and funding from Diné College.

• Fall of 2005, DPI is established.

Grant Requirements

• The grant establishing DPI is a three year grant. Each year has specific objectives and goals that must be met.

• For example in Year 1, DPI was to “establish baseline data through surveys and analysis.”

• This task is enormous. Since DPI is evaluating the effectiveness of its research on the entire Navajo Nation, a survey of the entire Nation is required.

• Normally a task of this size, has 2 or 3 researchers who understand survey methodology, and 3 or 4 people to develop and administrate the survey instrument. DPI has one analyst familiar with this methodology and 2 staff who assist with the administration of the survey.

Grant Requirements

• DPI cannot deviate from the goals and objectives of the grant. DPI is therefore bound to complete the grant requirements.

• DPI has:

• 18 projects for Year 1. 5 still need to be completed.

• 19 Projects for year 2

• 12 Projects for year 3

Other requirements

• In order to complete the projects for the grant with quality, a functional policy-analysis and research process based on Navajo Thinking must be developed.

• It must be functional without compromising the holistic integrity of Navajo Thinking.

Developing a Navajo Policy Analysis Model

• A model based on Navajo thought is necessary to fully utilize the principles articulated by the fundamental law.

• Without a model, the principles of the fundamental law is used cosmetically and not culturally appropriate.

NavajoWestern

Balancing the worldviews

Navajo Thinking:I am SNBH. I knowk’e. I treat mother earthand all living things withreverence and respect.

Western Thinking:I am an individual.I treat people with respect so long as it fits into myplans. I treat the earth with respect insomuch asI can benefit

How do you “mesh” these two worldviews?

Navajo Policy Analysis Process

• To create a process, requires extensive research into BOTH the western and Navajo ways of knowing. Asking the following questions”

1. What does traditional Navajo philosophy say about decision-making?

2. Where does this concept come from?3. What story is used as the guide to interpret that

concept?4. Where else is the concept used in the stories, prayers

and songs? Do these usages agree with each other, if not what are the differences, and how can those differences be useful?

Worldview and methodsWorldview and methods

WorldviewPrinciples, Values,

Philosophies

Methods for analysis

Source: Te Wananga-O-Raukawa

Diné Process NitsahakeesDiné 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?

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’ahNahat’ah

Plan different ways to solve the problema. Hozh0oj7 – Plan in a way that highlights

the positive aspects of the alternatives. a. List possible resolutions

b. Nay4ej7- Plan in a way that ameliorates the negative aspects of the problem.a. Always list no action (maintain the status quo)

Plan different ways to solve the problema. Hozh0oj7 – Plan in a way that highlights

the positive aspects of the alternatives. a. List possible resolutions

b. Nay4ej7- Plan in a way that ameliorates the negative aspects of the problem.a. Always list no action (maintain the status quo)

IinaIina

Living and implementing the plans1. 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.

Living and implementing the plans1. 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.

SiihasinSiihasin

Reflection and Evaluation1. 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.

Reflection and Evaluation1. 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

Connections to Fundamental Law

• The F.L comprises:1. Natural2. Traditional3. Customary4. 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.

• The F.L comprises:1. Natural2. Traditional3. Customary4. 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 LawsFundamental 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– 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.

Framework

• To better understand how the F.L. works in the policy process, DPI has:

1. Started research on a foundational paper on k’é.

• This will facilitate the further development of the framework, so that it is usable for both technical and social issues.

• Example: it will be able to adequately address Fiscal policy that deals with the measurements of tax elasticities.

• Expected Time Frame: 2 months

Framework

2. Descriptive study of how policy is made at the Navajo Nation.

• This study will help identify areas in Navajo Government that are more complex in terms of implementing a Navajo policy analysis system.

• Expected time frame: 4 months3. Develop framework that will be implemented in

stages or phases.• Stage 1 – Develop policy analysis process that

utilizes current codified cultural laws.o Law student intern is researching all case law, and

legislation for use of cultural principles in current law.o Expected time frame: 6 months

Framework

• Stage 2 – Introduce a modified framework that is still heavily reliant in western notions for social policy issues.o College interns researching issues associated

with gaming, marriage and family issues, language revitalization, and economic development.

o Policy Analyst is compiling list of other indigenous communities around the world that have articulated policy process that have indigenous names, but western skeletons.

o Expected Completion Date: 3 months

Framework

• Stage 3 – Develop Policy Analysis process that is based in Navajo thinking for social policy issues. – A policy process for technical issues, such as

tax, budget, economic policy is currently being studied.

• Current economic policy uses ideas that are foreign to Navajo thinking.

• Expected completion date: 6 months

Framework

• Stage 4 – Policy Process based in Navajo thinking introduced.– This process will not be cosmetic, but a

process that is usable and legitimate to both the Navajo Nation, the State, and the Federal government, but “authentic” to Navajo thinking.

– Expected completion: 10 months