Navajo Common Law Project - Introduction

Proposed Amendments to Navajo Law

Government, Naat'áá, and Compartment Titles

In the Navajo language, Naat'áá means a government. The system of the Navajo government is called Nahat'1, which involves the function of planning, legislating, implementing, and future growth and developments. The Navajo way of governing embodies the four compartments, which are Hózhóóji Nahat'á, Naat'ááji Nahat'á, Hashkééji Nahat'á, and Naayéé'ji Nahat'á. Figure 3 outlines this structure.

Today the Navajo Nation functions on the two level systems of government, which are the three-branch and the chapter systems. Some of our people expressed that the three-branch system is not the Diné origin of government. Based on the Navajo Common Law research, the Diné origin of government is based on four compartments or branches.

The practice of the roles and responsibilities of the Navajo government and leadership with the four compartments as a whole was under the individual leadership or more leaders mainly depending on the size of the population and the geographical factors before the western form was introduced. The practice of the modem Navajo three-branch government is based on the size of the population and the members of the leaders at larger scale, where separation of the compartments are appropriate to meet the changes in our lifestyle.

Description of the Four Basic Compartments

Hózhóóji Nahat'á, Exercises of Harmony and Peace Way of Livelihood.

This compartment is the core and the foundation of wisdom and knowledge evolving the implementation of the fundamental guiding principles and values of life. It is respected and practiced as if alive that inhales and exhales, meaning that it accumulates and contributes fundamental worthiness toward sound livelihood. It is instilled with understandings of the practices of Diné relationship (k'é) domestically, abroad, and with the environment. It is also instilled with the understanding and respect of Diné histories and foresees the future, where the function of life is very much based on the cycle and laws of the nature of the four seasons, and the cycle and laws of life from birth to meeting old age. The plans were developed and practiced on these bases and became laws of the nation. This compartment does not function alone. It reviews issues and develops plans in consultation with the people. Although there was no centralized traditional government like at the beginning of civilization, it proceeds with recommendations to the planning or law making part of its divided or isolated small functional government. It is also the representation of its government and its nation in the best interest of the people. Presently we recognize this as the Executive Branch.

Naat'ááji Nahat'á, Exercises of Planning (Legislating and Governing).

This compartment was exercised verbally by a group of representatives, verbally appointed by the Peace-Chief or the people, to remind or outline the guiding principles to uphold the fundamental responsibilities. With the input by its people or nation, it reviewed and developed plans with verbal agreements for implementation. These plan-making activities were done in support to have positive head leadership. If these plans enacted are repeatedly practiced with good results then in time they become laws in the best interest of the people. Again these practices are based on the relationship with Mother Earth and Father Universe, the seasonal environments, the nature of human life cycle integrated with scared spiritual beliefs and the guiding principles descended from our ancestors. These practices of collaboration, coordination, and unity, with respect and obedience, maintained the stability of governmental functions of the nation. Presently, we recognize this as the Legislative Branch.

Hashkééji Nahat'á, Exercises of Peace Making, Obedience, Discipline, and Punishment.

Our ancestors believed in the strong reliance on the teaching of obedience, especially for younger generations, through peace makings and the necessary scales of disciplinary actions. At times, when come to misbehaviors of Diné of higher level of wrong doings or commitment of crimes, other steps of measures are considered other than the basic teachings which are holistically addressed. Other steps of measures convey the use of the traditional spiritual ceremonies to restore the righteousness from the wrongful doings: When major crimes are committed, different scales of punishment are applied. Payments in these certain crimes vary in the form of slavery, wealth, and outcast. Sometimes to help make a difference in case decision, a person who committed a crime may plead with the victim or victim's relatives. The capital punishment of "death penalty" is not the Diné punishment, though life elimination was experienced among the Earth-Surface-Holy-People.

Again this compartment has the verbal moral practices and the methods of regulating the moral standard guidance of obedience in the matter of respect and trust based on the holistic traditional and cultural concepts. These procedures were practiced and carried out by verbally appointed well-respected person.

Presently, the Navajo Nation operates two level court systems, Diné bi wholdii, which consists of Trial Courts and Navajo Nation Supreme Court. The Trial Courts consist of seven judicial districts. Cases begin at the trial courts and the appeals are made to the Supreme Court. From time to time the court judges use the uncodified Dine law to interpret and decide cases. When laws are established through court, the Navajo Nation Legislative Branch should reviews them for ratification, once these laws ratified should become codified. This compartment is recognized as Judicial Branch.

Naayéé'ji Nahat'á, Enemy and War Way, National Defense and Security.

In the Diné origin, 'Aláaji Hózhóóji Naat'ááh (the Peace Chief) and 'Aláaji Naayéé'ji Naat'ááh (the War Chief) are basically the foremost parallel in leadership and protection of life and nation. Even in the foundation of the Dine traditional spiritual ceremonial practices there are hózhóóji and naayéé'ji. We seem to have let go of this part of the fundamental practice of our sovereignty and freedom, though it was not taken from us at the time when our ancestors signed the Treaty with the United States. The Diné way; there are four foundations of sacredness to every major parts of the creation. It is vitally important to have this foundation, mainly to have our National Defense and Security in place in cases of extreme emergencies. If we reestablish this as the Fourth Branch of the Navajo Nation, it would preserve the assurance of the fiduciary roles and responsibilities. We would farther establish the Office of the Chief of Security to maintain and enforce the moral standard of broad security systems and operation for the Navajo Nation at all time. It would provide services and guidance working with the National Guard, veterans, volunteers, and medical health units and other service centers in the event of severe national crisis or military-type disasters. It would further provide guidance to establishments of security shelters and centers within the nation.

The other option would be the Atsé SiléíNitsíhákeesji Nahat'á, Traditional Philosophy Branch. This was pointed out by the Navajo public at a recent hearing during the summer of 2001 conducted by the Office of Navajo Government Development. This would assist in the development of a nation-wide policy having input on the legislative and fiscal matters. This would ensure that the proposed laws are consistent with the Diné values and will determine which aspects of traditional law should be written into the codes. It would also ensure that all branches are working in harmony. I recommend this as an institution within the government, not as a branch.