'Forgotten People' stand up to tribe

By John Christian Hopkins
Diné Bureau

TUBA CITY — The Forgotten People plan to appeal the April 25 Tuba City District Court decision to dismiss the substitute complaint opposing the Navajo-Hopi Intergovernmental Compact.

A notice of appeal will be filed with the Navajo Nation Supreme Court before 5:00 p.m. on May 25, according to Marsha Monestersky, a spokeswoman for the group.

The Forgotten People are represented by Attorney James W. Zion.

The District Court dismissed the Forgotten People's suit based on the "public policy" exception under the Sovereign Immunity Act. The appeal seeks to compel the District Court to hold a hearing based on its Motion for Summary Judgment.

"I think that the District Court's decision is important because it recognizes the contentions of The Forgotten People that the compact illegally takes property (or will allow such "takings") and that it cannot be used to bar claimants from court," Zion said.

The Forgotten People claim the compact is not in the best interest of the people. Negotiators of the Navajo-Hopi Intergovernmental Compact negotiated away valuable property rights, with no process in place for compensation for a taking of the people's property rights, rights to free and quiet enjoyment of their land use rights, including customary land use, according to Zion.

The District Court said that the due process and hazho'ogo claims are policy matters that are better left to the political process.

The Forgotten People see a mass movement growing across the Navajo Nation composed of people no longer afraid to challenge the actions of their tribal government, Monestersky said. So, in addition to filing an appeal, the group intends to challenge and defeat the political leaders that entered into the compact by pursuing advocacy in the political arena, she added.

On May 6 elections were held for officers, a Board of Directors and Board of Advisors; also Articles of Incorporation were adopted, so the Forgotten People can incorporate on the Navajo Nation and network with other grassroots organizations.

"Is the Compact a policy or a law? If the Navajo Nation intended the compact to be a law, members of the Navajo Nation Council were never told they were adopting a law," executive director of Forgotten People said Sally Tsosie. "If the Compact is a policy, this claim was never made until mid-way through the court process and was only asserted so the Navajo Nation could say we cannot sue because the compact is a policy decision and therefore prohibited by the Sovereign Immunity Act."

Forgotten People President Arnold Yellowhorse said, "The compact is not a policy because it was passed in secrecy and denied the public any opportunity to be involved when it was rushed for adoption as an election ploy.

"If the Navajo Nation intended that the compact be a policy, it had an obligation to allow the public an opportunity to become partners by defining public participation objectives that were integrated into the process of its creation and implementation."

The Forgotten People insist that the Nation must uphold the rule of law that states the Navajo Nation derives its sovereignty from the people it serves.

The first step the Navajo Nation must take is to create a clear definition of a policy decision-making process that defines realistic expectations regarding all parties' roles in development of policies before legislation is passed to protect and respect the peoples civil and property rights, Zion said.

If the Nation wants to demonstrate its good faith, it should "allow a meaningful process of public involvement into the disposition of moneys divided between the Navajo Nation and the Hopi Tribe for fees collected during the Bennett Freeze period," Monestersky said.

Otherwise, the Forgotten People will continue to believe the Nation's share of those moneys not specifically dedicated to the needs of the people will not return to the area, she added.

If this happens the Navajo Nation will continue a pattern of injustice that has been responsible for 40-years of suffering and denial for the people, Monestersky said.

The group urges anyone who believes their rights are affected by parties claiming privileges under the compact to contact Forgotten People, so it can file suit for their injuries, including takings issues and specific instances of religious discrimination, because the compact does not adequately define why "traditional" religion takes precedence over faiths such as the Native American Church or Christianity; and why the Sun Dance religion was specifically targeted.

The next meeting of Forgotten People is scheduled for 6 p.m. on May 28, at the home of Arnold and Zelma Yellowhorse in Tuba City, 1 mile south of the dirt road turn off from Moenhave Road. For more information, please contact Arnold Yellowhorse at (928) 606-8047.

John Christian Hopkins can be reached at hopkins1960@hotmail.com or by calling 505-371-5443.