Diné Perspectives: Revitalizing and Reclaiming Navajo Thought

The Navajo Nation and the Declaration on the Rights of Indigenous Peoples

170 The Navajo Nation and the Declaration on the Rights of Indigenous Peoples Lloyd L. Lee Today, by adopting the Declaration on the Rights of Indigenous Peoples we are making further progress to improve the situation of Indigenous peoples around the world. We are also taking another major step forward towards the promotion and protection of human rights and fundamental freedoms for all. —Haya Al Khalifa, United Nations General Assembly, September 13, 2007 On September 13, 2007, by a vote of 143 to 4 with 11 abstentions, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples. It was a thirty-year process. Numerous individuals and representatives worked tirelessly to ensure its reality. The declaration is designed to help sustain and protect the fundamental rights of Indigenous peoples. It includes the rights of Indigenous peoples to their original lands and resources; their rights to give their free, prior, and informed consent before nation-states take actions negatively affecting them; their right to be free from genocide and forced relocation; and their rights to their languages, cultures, and spiritual beliefs. The declaration addresses both individual and collective rights; cultural rights and identity; rights to education, health, employment, and language; and other critical issues for Indigenous peoples. The four nation-states to initially oppose the declaration were the United States, Canada, New Zealand, and Australia. All four have reversed their Declaration on the Rights of Indigenous Peoples • 171 votes. While these four and many other nation-states support the declaration , the work begins in making sure nation-states acknowledge and allow Indigenous peoples the right to be distinct. Indigenous peoples also need to make sure that their own tribal governments and organizations listen and follow all of the people’s needs, not the needs of a few. The Navajo Nation was much involved in the discussion and drafting of the declaration. The Navajo Nation believes that it is implementing several other articles and wanting to hold the United States accountable. However, an analysis of how the Navajo Nation is implementing these articles is warranted, since many Diné peoples continue to suffer the consequences of settler colonialism. The following paragraphs examine how the Navajo Nation has implemented several of the declaration’s articles and offers a discussion on how Diné individuals and communities can hold the tribal government and the United States accountable. Declaration Articles Article 3 Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. The Navajo Nation has exercised self-determination since time immemorial . While challenges to the nation’s self-determination have occurred throughout its history, the nation in the twenty-first century operates its own government, has its own rules and regulations, has developed its own enterprises, and has created a distinct nationhood. The Navajo Nation is imperfect, but its growth and maturity continue. Article 3 acknowledges the Navajo Nation’s power to sustain and protect a Diné way of life. One action that the nation has taken to demonstrate its political power has been to develop various enterprises. One of the most recent enterprise developments has been the Navajo Nation Gaming Enterprise, which was established in 2006. The enterprise is authorized by the Navajo Nation government to develop and operate casinos in accordance with the Indian Gaming Regulatory Act of 1988. The enterprise negotiates compact agreements with the Arizona and New Mexico state governments. The nation wants to operate five or six gaming facilities by the end of 2014. Currently, the nation has four gaming facilities in 172 • Paths for the Future operation: Fire Rock Casino near Gallup, New Mexico, opened in November 2008; Flowing Water Casino near Shiprock, New Mexico, opened in October 2010; Northern Edge Navajo Casino near Farmington, New Mexico, opened on January 16, 2012; and Twin Arrows Navajo Casino Resort near Flagstaff, Arizona, opened on May 24, 2013. The nation is in negotiations with the State of New Mexico for a new compact. The current compact expires in 2015. The Navajo Nation wants to have the flexibility to operate five casinos in New Mexico in the new compact with an expiration date of 2037. In November 2008 the Navajo Nation opened its first class III–type casino near Gallup, New Mexico. Fire Rock Casino has been in operation for five years and is doing well, although the majority of...