I am the attorney for The Forgotten People, a non-governmental organization that serves the Navajosurvivors of the Navajo-Hopi Land Dispute, including individuals who still live on Hopi lands onBlack Mesa. One of the issues they face is getting potable water, and it must be hauled to homes bytruck. The dirt roads in the area are poor and require frequent maintenance. The Forgotten Peoplehas projects with attempts to obtain funding and logistical support so it can get water carried topeople in affected areas in the western part of the Navajo Nation. That includes those who live inareas where the ground water is contaminated with uranium waste from mining and remotecommunities of Navajos without water who are ignored by both the Navajo and the Hopi tribes.
4
JAMES W. ZION Attorney at Law Admitted in the Navajo Nation, Connecticut and the United States Supreme Court 3808 Ladera Drive N.W. Albuquerque, NM 87120 (505) 839-9549 [email protected]August 21,2011 Professor Patrick Thornberry CMG Professor of International Law Faculty of Humanities and Social Sciences Keele University Keele, Staffordshire UNITED KINGDOM ST5 5BG Re: Navajo-Hopi Land Dispute Issues and CERD Dear Professor Thornberry: I was privileged to be in the audience on 22 February 2008 when you had a closing discussion with the United States Mission to the United Nations on the U.S. periodic report to the Committee on the Elimination of Racial Discrimination. You specifically asked that the United States mention the status of Big Mountain and Navajo-Hopi Land Dispute issues in its next periodic report to CERD. It is due on 20 November of this year. I am the attorney for The Forgotten People, a non-governmental organization that serves the Navajo survivors of the Navajo-Hopi Land Dispute, including individuals who still live on Hopi lands on Black Mesa. One of the issues they face is getting potable water, and it must be hauled to homes by truck. The dirt roads in the area are poor and require frequent maintenance. The Forgotten People has projects with attempts to obtain funding and logistical support so it can get water carried to people in affected areas in the western part of the Navajo Nation. That includes those who live in areas where the ground water is contaminated with uranium waste from mining and remote communities of Navajos without water who are ignored by both the Navajo and the Hopi tribes. The specific problem I write about is that The Forgotten People announced a meeting to be held at the residence of Pauline White singer at Big Mountain within the area partitioned to the Hopi Tribe on Monday, August 22, 2011 at 10:00 a.m. to "discuss a request for safe drinking water delivery and impassable dirt road repair." The purpose of the meeting is to ask for assistance from the Navajo and Hopi tribes to get water hauled to homes at Big Mountain and to get the roads in and out ofthe area graded.
Transcript
JAMES W. ZIONAttorney at Law
Admitted in the Navajo Nation, Connecticut and the United States Supreme Court3808 Ladera Drive N.W.Albuquerque, NM 87120
Professor Patrick Thornberry CMGProfessor of International LawFaculty of Humanities and Social SciencesKeele UniversityKeele, StaffordshireUNITED KINGDOM ST5 5BG
Re: Navajo-Hopi Land Dispute Issues and CERD
Dear Professor Thornberry:
I was privileged to be in the audience on 22 February 2008 when you had a closing discussion withthe United States Mission to the United Nations on the U.S. periodic report to the Committee on theElimination of Racial Discrimination. You specifically asked that the United States mention thestatus of Big Mountain and Navajo-Hopi Land Dispute issues in its next periodic report to CERD.It is due on 20 November of this year.
I am the attorney for The Forgotten People, a non-governmental organization that serves the Navajosurvivors of the Navajo-Hopi Land Dispute, including individuals who still live on Hopi lands onBlack Mesa. One of the issues they face is getting potable water, and it must be hauled to homes bytruck. The dirt roads in the area are poor and require frequent maintenance. The Forgotten Peoplehas projects with attempts to obtain funding and logistical support so it can get water carried topeople in affected areas in the western part of the Navajo Nation. That includes those who live inareas where the ground water is contaminated with uranium waste from mining and remotecommunities of Navajos without water who are ignored by both the Navajo and the Hopi tribes.
The specific problem I write about is that The Forgotten People announced a meeting to be held atthe residence of Pauline White singer at Big Mountain within the area partitioned to the Hopi Tribeon Monday, August 22, 2011 at 10:00 a.m. to "discuss a request for safe drinking water delivery andimpassable dirt road repair." The purpose of the meeting is to ask for assistance from the Navajoand Hopi tribes to get water hauled to homes at Big Mountain and to get the roads in and out ofthearea graded.
The news of the meeting came to the attention of Mr. LeRoy N. Shingoitewa, the Chairman of theHopi Tribe, and on August 19, 2011 he wrote to Marsha Monestersky and Ed Becenti of TheForgotten People to inform them, among other things, that "the meeting would be in violation of theHopi Tribe's rules and regulations." He added that Ms. Monestershy is the subject of an orderexcluding her from the Hopi Reservation (because of her advocacy for Navajo rights). He also notedthat one had requested a permit to hold a meeting, when permits are not required by Hopi law andare prohibited by the Indian Civil Rights Act.
We have a situation where the chief executive of the Hopi Tribe, on learning of a meeting to discussaccess to water as a human right and to petition for road repairs, has prohibited the meeting inviolation of freedom of speech and assembly and the right to petition government provisions of thefederal Indian Civil Rights Act of 1968.
I have been asked to bring this situation to your attention and to additionally advise that there arerecurring problems of violations of the rights of the refugees of the Navajo-Hopi Land Dispute.They include a Navajo-Hopi compact that violates individual rights and a situation whereby moniesand resources held in trust by the Navajo Nation for the benefit of survivors of the Navajo-Hopi landdispute are unaccounted for and likely wasted. I will bring those matters to your attention and thatof CERD as the time for the filing ofthe next United States CERD periodic report approaches.
I therefore bring these facts to your attention so that you will know that your February 2008 requestfor new information was prescient in its assessment of emerging events.
Your attention to these matters and communication to the full Committee will be appreciated. Acopy of the August 19, 2011 letter signed for Chairman Shingoitewa is enclosed.
THELeRoy N. Shingoitewa
ChairmanOP' TRIBE
August 19, 201 J
Herman G. HonanieVice Chairman
Ms. Marsha onestersky, Program DirectorMr. Ed BecentiThe Forgotten PeopleTuba City, Arizona 86045
Dear Ms. Monestersky & Mr. Ed Becenti:
It has come to my attention and the attention of the Hopi Tribal Council that you intend tohold a meeting for the HPL Navajo families on Monday, August 22, 2011, to "discuss a requestfor safe drinking water delivery and impassable dirt road repair," as quoted directly from yourpress release. As we understand your press release, the meeting will take place on HPL, atPauline Whitesinger's residence in Big Mountain and will be led by Ms. Marsha Monestersky,Program Director of the Forgotten People. You have requested Hopi Tribal officialsparticipation, as well as other directors and executive officers from the Navajo and Hopi Nations.
At this time, the Hopi Tribe will not be supporting or attending the meeting. To begin,the issues being raised - water and transportation issues - are Government-to-Governmentissues. Thus, a request for this type ofmeeting must come from the Navajo Nation, not the"Forgotten People." Additionally, you should be advised that no one has requested a permit fromthe Hopi Nation to hold this event. As such, the meeting would be in violation of the HopiTribe's rules and regulations. Finally, there is a valid and binding exclusion order for Ms.Monestersky. Thus, Ms. Monstersky is not welcome on Hopi land. Her attendance wouldclearly violate her exclusion order, which is currently in force.
I hope the above clarifies the Hopi Tribe's position and we respectfully request that youabide by all Hopi rules, regulation and orders. If you have any questions regarding the HopiTribe's response, please contact Mr. Clayton Honyumptewa, Director, Department of NaturalResources at (928) 734-3641 or my office at (928) 734-3100.
