§
1. |
Other rights
not impaired; deletion or abridgment only by
public referendum
The enumeration
herein of certain rights, shall not be
construed to deny or disparage others
retained by the people. No provision of this
Chapter, the Navajo Nation Bill of Rights,
shall be abridged or deleted by amendment or
otherwise, except by referendum vote of the
Navajo electorate, in accordance with
applicable provisions of the laws of the
Navajo Nation. |
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§
2. |
Equality of
rights not abridged by entitlements,
benefits or privileges; nor by affirmative
action necessary to support rights of the
Navajo People to economic opportunity
Recognition,
enactment, lawful implementation and
enforcement of provisions for specific
entitlements, benefits, and privileges based
upon membership in the Navajo Nation or in
other recognized Tribes of Indians and
affirmative action in support of Navajo or
other Indian preference in employment and
business contracting or otherwise necessary
to protect and support the rights of Navajo
People to economic opportunity within the
jurisdiction of the Navajo Nation, shall not
be abridged by any provision herein nor
otherwise be denied. |
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§
3. |
Denial or
abridgment of rights on basic of sex; equal
protection and due process of Navajo Nation
law
Life, liberty,
and the pursuit of happiness are recognized
as fundamental individual rights of all
human beings. Equality of rights under the
law shall not be denied or abridged by the
Navajo Nation on account of sex nor shall
any person within its jurisdiction be denied
equal protection in accordance with the laws
of the Navajo Nation, nor be deprived of
life, liberty or property, without due
process of law. Nor shall such rights be
deprived by any bill of attainder or ex post
facto law. |
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§
4. |
Freedom of
religion, speech, press, and the right of
assembly and petition
The Navajo
Nation Council shall make no law respecting
an establishment of religion, or prohibiting
the free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of people peaceably to assemble, and
to petition the Navajo Nation government for
a redress of grievances. |
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§
5. |
Searches and
seizures
The right of
the people to be secure in their persons,
houses, papers, and effects, against
unreasonable searches and seizures, shall
not be violated, and no warrants shall
issue, but upon probable cause, supported by
oath, or affirmation, and particularly
describing the place to be searched, and the
persons or things to be seized. |
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§
6. |
Right to
keep and bear arms
The right of
the people to keep and bear arms for
peaceful purposes, and in a manner which
does not breach or threaten the peace or
unlawfully damage or destroy or otherwise
infringe upon the property rights of others,
shall not be infringed. |
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§
7. |
Rights of
accused; trial by jury; right to counsel
In all criminal
prosecutions, the accused shall enjoy the
right to a speedy and public trial, and
shall be informed of the nature and cause of
the accusation; shall be confronted with the
witnesses against him or her; and shall have
compulsory process for obtaining witnesses
in their favor. No person accused of an
offense punishable by imprisonment and no
party to a civil action at law, as provided
under 7 N.N.C.
§ 651
shall be denied the right, upon request, to
a trial by jury of not less than six
persons; nor shall any person be denied the
right to have the assistance of counsel, at
their own expense, and to have defense
counsel appointed in accordance with the
rules of the courts of the Navajo Nation
upon satisfactory proof to the court of
their inability to provide for their own
counsel for the defense of any punishable
offense under the laws of the Navajo Nation.
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§
8. |
Double
jeopardy; self-incrimination; deprivation of
property
No person shall
be subject for the same offense to be twice
put in jeopardy of liberty, or property; nor
be compelled in any criminal case to be a
witness against themselves; nor shall
private property be taken nor its lawful
private use be impaired for public or
governmental purposes or use, without just
compensation. |
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§
9. |
Cruel and
unusual punishment; excessive bail and fines
Excessive bail
shall not be required, nor excessive fines
imposed, nor cruel and unusual punishment
inflicted. |
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