The Long Walks of broken treaties<br>

As far as this reader is concerned, we Diné are still journeying the Long Walks that began on September, 1863, and along the way, the U.S. government has broken and failed in its “Trust” responsibilities towards the Diné.

In all, there have been eight treaties between representatives of the U.S. and representatives of different bands of Diné from1846 to the final treaty of 1868 (excluding all the various Indian Self-Sufficiency, Sovereignty, Independent Acts that have been passed by Congress).

For the most part the treaties were to settle disputes between the Mexicans and the westward expansion of settlers invading Navajoland. It was also supposed to protect the Diné from abuse, misuse and to look out in the best interest of the Diné’s trade and commerce (resources).

However, in regard to trade and commerce, it was to be entrusted to the U.S. and state agreements, which became the latent function—to rape the Diné of all its resources through the manipulation of the truth, and relying on Diné’s ignorance of economic principles and law.

We are familiar with the “plenary-powers” of the United States, which the U.S. Supreme Courts continually use to terminate Indian rights and sovereignty. It appears that the plenary power is entrusted to the Bureau of Indian Affairs, especially in trade and commerce.

Case in point, the Peabody Coal Mine litigation, which we lost the first round, thanks to the U.S. Supreme Court’s decision that we didn’t use the “correct” violation of laws, laws set up by the U.S., which are mutually exclusive. It recognizes one law and not our sovereignty or our laws as acknowledged in the Constitution.

Why didn’t the Supreme court take a closer look at the integrity of the meaning of “trust” responsibility of the BIA and how BIA has continually violated that “trust”

Responsibility? History, and court records have shown time again the futile efforts of the BIA trust responsibility to look out for the best interest of the Diné people in dealing with corporations to assist the Diné in becoming an economically independent nation. Just read the mission statement of the BIA in regard to its Indian Trust Responsibility and objectives.

Has it achieved any of its objectives and protect the integrity of its trust responsibilities? I should say not. In all of BIA’s dealings with outside companies, not once has the Diné benefited to the fullest extent as is our just right—we’ve been coerced into agreements.

Just look at our first Diné council, which was thrown together quickly in order for the unscrupulous BIA to get oil and gas leases rubberstamped by our tribe.

The leases, such as the Navajo Generating Plant, in Page is leased for 75 years with a continual automatic 25-year extension, and after that, another 25-year extension with the approval of the tribe. The lease is similar to that of the coal companies that fuel the power plant, the Black Mesa mines owned by Peabody Coal.

The contention behind these agreements that were conceived behind the close doors of corporate Mongol’s offices between themselves and BIA’s Secretary of Interior, is that the Indians would benefit by meager means of employment–employment? The Secretary of the Interior for Indian Affairs, in protecting the Integrity of trust responsibility, should have made the Navajo people and government the primary owners of said businesses!

So, here we are again, fighting in courts for our Indian sovereignty and self-sufficiency with Peabody Coal Mine, a case that basically represents all the

corporate leases involving billions of dollars on the reservation. Have the BIA, in essence representatives of the United States Government, failed and violated its trust responsibilities toward the Diné? Unequivocally “Yes!”

“Aadoo–what are we going to do?” It’s time for this giant to wake up!

Although the successful lobbying of a few Diné to disallow Mustang’s liquor license to be transfer to Tolakai, N.M., may appear minute. I believe, we, collectively can have the same effect on the U.S. government if we all protest and protect our

land from these violators of treaties and agreements–by any means necessary. . . Our Long Walk continues. . . Hagoonee!

(Peter June Corbell is a Northern Arizona Univesity student in Flagstaff, Ariz.)

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