NativeBased Policy National Indian Education Conference

1
Native-Based PolicyNational Indian Education
Conference

• Diné Policy Institute
• Moroni Benally, Policy Analyst
• Robert Yazzie, Director

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Mission and Purpose of Diné Policy Institute

• Under the traditional Navajo laws, customs and
• usage, Diné Policy Institute will provide
  resources
• and quality research to facilitate and analyze
  issues
• and educate all people, to enhance and ensure
• that well-reasoned policies are developed to
  protect
• the sovereignty and cultural integrity of the
• Nihooka Dinee, in order to renew the
  principles
• and values of Saa Naghai Bike Hozhoon.

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Conventional Approach to policy analysis
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Problems with current process

• Does not give due consideration of Indian
  cultural values and tradition when give it is,
  it is usually applied in a superficial NOT
  substantive manner.
• Usually a specific (non-Indian) value set is
  employed, which often does not comport with
  Indian values
• Draws on goals and objectives that are
  contradictory to Indian values.
• Silences the political voice of the Indian
  people.
• Locks the Indian people out of the policy and
  decision-making discourse.

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Problems continued

• Does not reify Indian values.
• Does not confirm Indian culture.
• Does not reinforce Indian reasoning or forms of
  cognition.
• Does not help perpetuate Indian worldview.

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Worldview and methods
Worldview
Principles, Values, Philosophies
Methods for analysis
Source Te Wananga-O-Raukawa
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Western Worldview

• NOT monolithic but reflects a continuum of
  values.
• Variegated forms of thought and ways do doing.
• Often the following recognized expressions define
  this worldview
• Democracy, materialism, secularism,
  utilitarianism, individualism, empiricism, and
  reductionism.

Source Shahul Hameed Mohamed Ibrahim
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Western world

• The modern form of rationality is characterized
  by a form of rationality that disengages the mind
  from the body and the world (Marglin)
• This rationality operationalizes most of the
  methodologies for policy analysis.

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Example Cost-Benefit Analysis

• Worldview Ontological Cleft
• Underlying assumption (value) criterion of
  economic efficiency.
• Method
• Identify costs and benefits
• Quantify and monetize

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Strengths and Weakness of CBA

• Organizes comparison of favorable and unfavorable
  effects
• Achieves goals at lowest cost
• Helps set priorities
• Can give due consideration to non-quantifiable
  variables
• Widely used

• No credible metrics for costs
• Citizen is NOT always a consumer
• Not all risks the same
• Devalues the future (discounting)
• Reinforces inequality
• Requires judgments

Source Gary Bryner
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Example of Sales Taxes

• Define Problem
• Select Goals
• Identify Policy Options
• Select Criteria
• Apply Criteria to assess

• Alternative sources of
• revenue needed.
• X amount of dollars raised
• to combat Infrastructure
• problems.
• No tax, income tax, different
• rate
• Equity, Feasibility,
• Economic Efficiency, etc

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Sales Tax

• Regressive ? Ethical concerns
• Revenue raised ?Economic concerns
• Suits? Legal concerns

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Diné worldview

• Based on the principles of Saa Naghai Bike
  Hozhoon (SNBH).
• To walk in a balanced life, with longevity and
  resilience.
• Requires one to view the world from the
  perspective of ké ? K4 bi naast7.
• Motivates, guides, sustains, and provides
  foundation for Diné thinking.

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Ké

• Ke,a fundamental principle of SNBH
• Implies that all creatures and all things in the
  world are full of life and intelligence.
• Foundation of Diné Life way. Maintains the
  connections between the mind, body and world.
• Saah Naghai Bike hozhoon nishligo adishni
• Implies a degree of concern for all living
  things.
• Requires concern NOT control.
• Requires reciprocity

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Ké contd

• Requires that harmony result from a blending -
  not a rejecting- of views
• Resolution with respect.
• Spans circumstances and crosses generations.
• Inter-generational.
• Requires decisions be made with sacred knowledge
  (which moves toward SNBH).
• Requires that concern move outward from family to
  all living world.
• Implies freedom with responsibility

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Values implied by worldview

• Ke or the social connection relations with all
  creation is the foundational principle guiding
  the process. K4 bi naast7.
• Transparency Doo naal98 da
• Participatory T11 atsx baahas2h
• General consensus among all stakeholders T11
  atsx l3 danizin
• Reciprocity K4 bee ah7dininaa baats4h1k44s
• Accountability Hw7deet7igo, bee h22ts0dl7igo
• Rationality Yin7dilyin k4hgo ts0hok0s
  nihwiit11
• Equity T11 atsx0 ahidik-
• Public Trust Din4 aheet4ego daaahoodl1

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Diné paradigm
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Source of knowledge are stories, songs, and
prayers

• Mother earth is credited with placing this
  knowledge and identifying it with the cardinal
  directions. Dawn, she identified with bikego
  daináanii, that which give direction to life,
  which enables one to make proper choices whenever
  one is faced with a decision about values. The
  blue twilight, she identified with nihigáál,
  which is the means to making a living, the
  possession of knowledge and skills that enable
  one to meet the demands of life. The yellow
  evening, she identified with alhaanaooniil doo
  ohooaah, the gathering of family and learning.
  It is here one learns to establish and maintain
  positive human relations and prescribed, proper
  social behavior and values. The enfolding
  darkness, night, she identified with sihasin doo
  hodilzin, rest, contentment, and respect for
  nature. (Benally, pg. 16)

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Diné Worldview

• In the beginning before the world was created the
  Holy People planned and created the physical
  world. When the world was completed they entered
  these bodies. This fusion of the spirit and
  physical world is known as life. All creation has
  an inner spirit. This knowledge determines how
  we interact with creation.

Source Herbert Benally
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Worldview contd

• For example
• The physical earth has an inner spirit and hence
  she is our mother. Due to this knowledge we must
  interact with her in a respectful and reverent
  manner.
• Humans also have an inner spirit.

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Worldview contd

• B. Navajo creation story also explains the
  placement of the part of the day, (e.g. dawn,
  day, evening and darkness) to guide and direct
  the people.
• These parts of the day were identified with
  principles to assure the people with a good life.
  
• These principles are Bekehgo Daiinaanii,
  Nihigaal, Ahaanaooniil, Hodilzin/haayiih.

Source Herbert Benally
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Principles of Balance (SNBH)

• Bikehgo daiinaanii That which guides and
  directs people as to the direction they should
  go.
• Nihigaal Day was set aside for the people to
  make a living.
• Ahaanaooniil Evening was the gathering of
  family and reserved for families
• Hodilzin and haayiih Reverence and rest was
  placed with the darkness to have reverence for
  all creation and to rest from ones labor.

Source Herbert Benally
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Values (Dawn)
10
10
Home/ Environment (Night)
10
0
Work Day
10
Family (Evening)
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Criteria

• Values
• Work
• Family
• Environment

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Criterion ValuesThat which gives direction to
life

• Methods of analysis
• Ethical analysis - based on values of Ké
• Equity, Fairness, Distributive justice, etc
• Philosophical and theoretical analysis

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Criterion WorkSustenance

• Methods of Analysis
• Economic analysis
• CBA (modified) analysis
• Legal analysis
• Administrative and feasibility analysis
• Technical feasibility

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Criterion Family Gathering of the Family

• Methods of Analysis
• Political viability
• Historical analysis
• Political analysis
• Impact on Family (immediate and extended, current
  and future)
• Social impact

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Criterion Environment

• Methods of Analysis
• Environmental impact analysis
• Impact on animals
• Ecological impact (present and future
  generations)

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Criteria for Policy Analysis

• Diné paradigm dictates that the criteria
  mentioned before be used in any decision being
  made.
• These must be balanced.
• Each must be addressed.

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Connections to Fundamental Law

• The fundamental law requires that the environment
  be considered, that inter-generations are
  considered
• That due consideration be given the the Natural,
  Traditional, Customary and Common Laws.

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Diné Policy Process(Based on the research of
Herbert Benally)

• 1- Bee hozin - What is known
• 2 - Nahalin - Dialogue with others, generate
  assumptions together, and distill in to valid
  questions to be addressed.
• 3 - Nabik'id Tsahakees - Intense observation and
  listening, move towards understanding the others
  point of view, generate more assumptions together.

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Process Contd

• 4 - Koh teh Nahalin - Mutual understanding of
  knowledgeable people.
• data collection
• 5 - Bina'idikid - seek comment from the public
• (a) Akoh lah - More public comment, and
  consensus of individuals designated as experts
• (b) Táá bioh or táá baa ahadin -miss the
  mark, start and go back to 4 and repeat process.
• 6 - T'aa'anii --gt di na'nitin nadleeh- All groups
  involved accepts the policy.

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Case study TaxationBee hozin

• Values
• Regressivity Equity concerns and Fairness
• Does theory of taxation, individual who is
  economically efficient comport with Diné concept
  of ké and with Hajinee Bahane
• Work
• Economic impact 2.5 to 3 million, receive
  approx. 15 million a year from sales tax.
• 1 increase

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Bee Hozin contd

• Family
• For infrastructure
• On all goods and services
• Environment
• Potential impact on trash
• Potential impact on air pollution

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Nahalin

• Values
• Can theory of taxation be derived from Diné
  bitsehakees? Is it ethical?
• Work
• What exactly are legal repercussions of tax?
• Family
• How does it affect the social structure?
• Environment
• How does it affect the environment?

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Nabikid Tsahakees

• Values
• Regressive tax is unfair, but may be necessary
• Work
• Dead weight loss, potentially keep other
  businesses from developing. Dual taxation.
• Family
• Families have less to spend on their families to
  purchase necessary goods.
• Lead to more leakage.
• Environment
• More taxes may affect power plants.

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Koh teh Nahalin

• Values
• Taxes may be unfairbut necessary to provide for
  common good.
• Work
• There is a loss of efficient spending of money.
• Family
• Loss of some revenue for families to care for
  themselves.
• Environment
• No real noticeable effect.

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Binaidikid

• Values
• Ké says obligation to take of people, sometimes
  there may be needed sacrifices.
• Work
• A loss in efficient allocation of revenues is
  necessary sometimes for the greater good.
• Family
• Not good for families to be without needed
  revenue for support themselves.
• Environment
• Not noticeable effect on environment

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• Tah bioh
• Or
• Akoh lah

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Taanii

• The tax will effect the poor, but may be
  necessary for the moving the Navajo Nation
  forward.

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Alternatives

• Since it is necessary, then
• Tax at 1 is acceptable or
• No Tax, or
• Another tax, such as income tax that is
  progressive.

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Use process for each alternative and criteria

• Choose from among the alternatives using a metric
  system derived from the worldview.
• Metrics in this process assume that some western
  methods of measurement practices are okay for
  now, but as long as they are contextualized
  within the framework of ké.

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Conclusion

• This process is comprehensive and can be modified
  for expedited analyses.
• Maintains Diné worldview and expresses ké.
• Derived from songs, prayers and stories.
• Provides guidelines on selecting different
  methods for analysis.

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Axheee
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Nahalin

• Can theory of taxation be derived from Diné
  bitsehakees?