Bitsé
Siléí
bitsé siléí
– foundational essence;
siléí
– foundation;
bizh—its name;
bitsé siléí
– the very beginning, nothing better before it.
Diné bi Beenahaz’áanii, signed into law
on November 13, 2002, is the foundation of Diné bi nahat’á and
Diné sovereignty. Probation and Parole Services, as a component of the
Judicial Branch is part of Diné bi nahat’á. It is important that
PPS Officers apply Diné bi beenahaz’áanii in dealings with
clients and victims, in programming, in locating treatment and
resources, and in dealings with community members. Relevant sections of
Diné bi beenahaz’áanii are included at the end of this chapter.
In addition to the provisions of Diné
bi beenahaz’áanii, bear in mind these core principles:
K’é
K’é is a basic beenahaz’áanii. The Diné
are related to all creation through K’é. Through K’é we are related to
one another and to our ancestors. K’é must be observed if we are to
continue to exist as Diné. K’é imposes a duty on us to instruct and
guide one another. It emphasizes restorative justice, ensuring that
individuals living in disharmony are brought back into right
relationships and into the community to re-establish order.
Bee K’éndzísdlįį’
The offender has the personal
responsibility to confront the violation, acknowledge his or her
conduct, and make right. The offender must face the consequences of his
or her conduct. You may try to hide the truth and may even get away
with it now, but will be held accountable, because you will be harmed
somehow by your actions.
The
Fundamental Laws of the Diné are necessary to maintain an orderly
society in the modern world, and it is the duty and responsibility for
everyone living and working in Dinétah to learn these laws. There are
consequences for violation of these laws.
Nahat’á
Nahat’á may include
preventive measures or planning for solutions.
For PPS, Nahat'á means planning for the supervision period with a view
toward successful integration into the community. The offender has a
responsibility to participate in nahat'á. All interested persons
including the offender, victim(s), community, and if so assigned, Social
and Behavioral Health Services, or peacemaker may participate in nahat'á.
Sa’ąh Naaghéí
Bik’eh
Sa’ąh Naaghéí
Bik’eh Hózhọón Niidlį means the wholistic or holy path of male and
female beings. Sa’ąh Naaghéí Bik’eh means the balance of our lives with
the natural path of the sun. Our human journeys, Oodááł, shall be
helped by our human institutions, as we follow the natural path of the
sun, Shábik’ehgo, in strength of body, mind, and spirit, Bee yis'ah go
oodááł
Bíla’ashdla’ii
Bíla’ashdla’ii is an
affirmation. We affirm our name, nihízhi', Diné, which means the
people, human, or beings with five fingers, Bíla’ashdla’ii. We also have
a spiritual name, Diyin Nohookáá Dine’é, or Holy Earth-Surface-People.
Through our name, we affirm the human in all tribes and nations, and
respect for the individual, all our relatives, and all living beings,
ádił’ídlį. Through respect, we affirm there is a proper place and value
for all human beings.
Bíla’ashdla’ii may also mean the stories
within the five fingered hand and the lines of the hand. A judge might
advise an offender that the hand is intended to provide, the fist points
the fingers back at the offender. Another example is one’s shadow,
which is always with you.
Relevant Provisions of
Diné
bi beenahaz’áanii
1 N.N.C. § 201
Diné Bi Beehaz’áanii Bitsi Siléí
Diyin Dine'é
Sin dóó sodizin
Bee
Nahasdzáán dóó yádiłhił nitsáhákees yił
hadeidiilaa,
Tó dóó dził diyinii nahat'á yił
hadediilaa,
Niłch'i dóó nanse' ałtaas'éí iiná yił
hadediilaa,
Ko', adinídíín dóó ntł'iz náádahaniihjį'
sihasin yił hadeidiilaa.
Díí ts'ídá aláají nihi beehaz'áanii bitse
siléí nihá' ályaa.
Nitsáhákees éí nahat'á bitsé silá.
Iiná éí sihasin bitsé silá.
Hanihi' diilyaadi díí nihiihdaahya' dóó
bee hadíníit'é.
Binahji' nihéého'dílzingíí éíí:
Nihízhi',
Ádóone'é niidlíinii,
Nihinéí',
Nihee ó'ool ííł,
Nihi chaha'oh,
Nihi kék'ehashchíín.
Díí bik'ehgo Diyin Nohookáá Diné
nihi'doo'niid.
Kodóó dah'adíníísá dóó dah'adiidéél.
Áko dííshjįįgi nitsáhákees, nahat'á,
iiná, saad, oodlą',
Dóó beehaz'áanii ał'ąą ádaat'éego nihitah
nihwiileeh,
Ndi nihi beehaz'áanii bitsé siléí nhá
ndaahya'áá t'ahdii doo łahgo ánééhda.
Éí biniinaa t'áá nanihi'deelyáhąą doo
níłch'i divin hinááh nihiihdaahya'ąą ge'át éigo,
T'áá Diné niidlįįgo náásgóó ahool'á.
The Holy People ordained,
Through songs and prayers,
That
Earth and universe embody thinking,
Water and the sacred mountains embody
planning,
Air and variegated vegetation embody
life,
Fire, light, and offering sites of
variegated sacred stones embody wisdom.
These are the fundamental tenets
established.
Thinking is the foundation of planning.
Life is the foundation of wisdom.
Upon our creation, these were instituted
within us and we embody them.
Accordingly, we are identified by:
Our Diné name,
Our clan,
Our language,
Our life way,
Our shadow,
Our footprints.
Therefore, we were called the Holy
Earth-Surface-People.
From here growth began and the journey
proceeds.
Different thinking, planning, life ways,
languages, beliefs, and laws appear among us,
But the fundamental laws placed by the
Holy People remain unchanged.
Hence, as we were created with living
soul, we remain Diné forever.
§ 202
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Diné bi beenahaz'áanii embodies Diyin
bitsąądęę beenahaz'áanii (Traditional Law), Diyin Dine'é bitsąądęę
beenahaz'áanii (Customary Law), Nahasdzáán dóó Yádiłhił bitsąądęę
beenahaz'áanii (Natural Law), and Diyin Nohookáá Diné bi beenahaz'áanii
(Common Law)
These laws provide sanctuary for the Diné
life and culture, our relationship with the world beyond the sacred
mountains, and the balance we maintain with the natural world.
These laws provide the foundation of Diné
bi nahat'á (providing leadership through developing and administering
policies and plans utilizing these laws as guiding principles) and Diné
sovereignty. In turn, Diné bi nahat'a is the foundation of the Diné bi
naat'á (government). Hence, the respect for, honor, belief and trust in
the Diné bi beenahaz'áanii preserves, protects and enhances the
following inherent rights, beliefs, practices and freedoms: |
A.
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The individual rights and freedoms of each Diné (from the beautiful child
who will be born tonight to the dear elder who will pass on
tonight from old age) as they are declared in these laws; and
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B.
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The collective rights and freedoms of the Diyin Nohookáá Diné as a
distinct people as they are declared in these laws; and
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C.
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The fundamental values and principles of Diné Life Way as declared in
these laws; and |
D.
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Self-governance; and |
E.
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A government structure consisting of Hózhóójí Nahat'á (Executive Branch),
Naat'ájí Nahat'á (Legislative Branch), Hashkééjí Nahat'á
(Judicial Branch), and the Naayee'jí Nahat'á (National Security
Branch); and |
F.
|
That the practice of Diné bi nahat'a
through the values and life way embodied in the Diné bi
beenahaz'áanii provides the foundation for all laws proclaimed
by the Navajo Nation government and the faithful adherence to
Diné Bi Nahat'á will ensure the survival of the Navajo Nation;
and |
G.
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That Diné bi beenahaz'áanii provides for the future development and growth
of a thriving Navajo Nation regardless of the many different
thinking, planning, life ways, languages, beliefs, and laws that
may appear within the Nation; and |
H.
|
The right and freedom of the Diné to be educated as to Diné Bi
beenahaz'áanii; and |
I.
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That Diné Bi beenahaz'áanii provides for the establishment of governmental
relationships and agreements with other nations; that the Diné
shall respect and honor such relationships and agreements and
that the Diné can expect reciprocal respect and honor from such
other nations. |
§ 203
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Diyin Bitsąądęę Beenahaz'áanii—The
Diné Traditional Law declares and teaches that: |
A.
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It is the right and freedom of the Diné to choose leaders of their choice;
leaders who will communicate with the people for guidance;
leaders who will use their experience and wisdom to always act
in the best interest of the people; and leaders who will also
ensure the rights and freedoms of generations yet to come; and
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B.
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All leaders chosen by the Diné are to carry
out their duties and responsibilities in a moral and legal
manner in representing the people and the government; the
people's trust and confidence in the leaders and the continued
status as a leader are dependent upon adherence to the values
and principles of Dine bi beenahaz'áanii; and … |
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. . . |
E.
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The leader(s) of the Judicial Branch (Aląąjį' Hashkééjí Nahat'á) shall
uphold the values and principles of Diné bi beenahaz'áanii in
the practice of peace making, obedience, discipline, punishment,
interpreting laws and rendering decisions and judgments; and
… |
G.
|
Our elders and our medicine people, the teachers of traditional laws,
values and principles must always be respected and honored if
the people and the government are to persevere and thrive; the
teachings of the elders and medicine people, their participation
in government and their contributions of the traditional values
and principles of Diné life way will ensure growth of the Navajo
Nation; and from time to time, the elders and medicine people
must be requested to provide the cleansing, protection prayers,
and blessing ceremonies necessary for securing healthy
leadership and the operation of the government in harmony with
traditional law; and |
H.
|
The various spiritual healings through worship, song and prayer (Nahaghá)
must be preserved, taught, maintained and performed in their
original forms; and |
I.
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The Diné and the government must always
respect the spiritual beliefs and practices of any person and
allow for the input and contribution of any religion to the
maintenance of a moral society and government; and |
J.
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The Diné and the government can incorporate those practices, principles
and values of other societies that are not contrary to the
values and principles of Diné Bi Beenahaz'aanii and that they
deem is in their best interest and is necessary to provide for
the physical and mental well-being for every individual.
|
§ 204 Diyin Dine'é Bitsąądęę
Beenahaz'áanii—Diné Customary
Law declares and teaches that:
|
A.
|
It is the right and freedom of the people that there always be holistic
education of the values and principles underlying the purpose of
living in balance with all creation, walking in beauty and
making a living; and |
B.
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It is the right and freedom of the people that the sacred system of k'é, based on the four clans of Kiiyaa'áanii, Todích'iínii,
Honagháahnii and Hashtł'ishnii and all the descendent clans be taught
and preserved; and |
C.
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It is the right and freedom of the people that the sacred Diné
language (nihiinei') be taught and preserved; and |
D.
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It is the right and freedom of the people that the sacred bonding in
marriage and the unity of each family be protected; and
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E.
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It is the right and freedom of the people that every child and every elder
be respected, honored and protected with a healthy physical and
mental environment, free from all abuse. |
F.
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It is the right and freedom of the people that our children are provided
with education to absorb wisdom, self-knowledge, and knowledge
to empower them to make a living and participate in the growth
of the Navajo Nation.
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§205 Nahasdzáán dóó Yádiłhił
Bitsąądęę Beenahaz'áanii--Diné
Natural Law declares and teaches that:
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A.
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The four sacred elements of life, air, light/fire, water and earth/pollen
in all their forms must be respected, honored and protected for
they sustain life; and |
B.
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The six sacred mountains, Sisnajini,
Tsoodził, Dook'o'ooslííd, Dibé Nitsaa, Dził Na'oodiłii, Dził Ch'ool'í'í,
and all the attendant mountains must be respected, honored and protected
for they, as leaders, are the foundation of the Navajo Nation; and
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C.
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All creation, from Mother Earth and
Father Sky to the animals, those who live in water, those who fly and
plant life have their own laws, and have rights and freedom to exist;
and |
D.
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The Diné have a sacred obligation and duty to respect, preserve
and protect all that was provided for we were designated as the steward
of these relatives through our use of the sacred gifts of language and
thinking; and |
E.
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Mother Earth and Father Sky is part of us as the Diné and the
Diné is part of Mother Earth and Father Sky; The Diné must treat this
sacred bond with love and respect without exerting dominance for we do
not own our mother or father. |
F.
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The rights and freedoms of the people to the use of the sacred elements of
life as mentioned above and to the use of the land, natural
resources, sacred sites and other living beings must be
accomplished through the proper protocol of respect and offering
and these practices must be protected and preserved for they are
the foundation of our spiritual ceremonies and the Diné life way; and
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G.
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It is the duty and responsibility of the Diné to protect and
preserve the beauty of the natural world for future generations. |
§ 206
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Diyin Nohookáá Diné bi
beenahaz'áanii--Diné Common Law declares and teaches that: |
A.
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The knowledge, wisdom, and practices of the people must be developed and
exercised in harmony with the values and principles of the Diné Bi Beenahaz'aanii; and in turn, the written laws of the Navajo
Nation must be developed and interpreted in harmony with Diné Common
Law; and |
B.
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The values and principles of Diné Common Law must be recognized,
respected, honored and trusted as the motivational guidance for the
people and their leaders in order to cope with the complexities of the
changing world, the need to compete in business to make a living and the
establishment and maintenance of decent standards of living; and
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C. |
The values and principles of Diné Common Law must be used to
harness and utilize the unlimited interwoven Diné knowledge, with our
absorbed knowledge from other peoples. This knowledge is our tool in
exercising and exhibiting self-assurance and self-reliance in enjoying
the beauty of happiness and harmony. |
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