Hopi Appellate Court upholds villages’ sovereignty
By
Carol Berry, Today correspondent
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“The entire structure of the Hopi Constitution indicates that the authority of the central government of the Hopi Tribe rests on the bedrock of the aboriginal sovereignty of the Hopi and Tewa villages (which) delegated limited power to the central Hopi government.” – Hopi Appellate Court |
The appellate court’s Feb. 11 finding would restore power to the eight tribal Hopi and Tewa villages to seat or remove their tribal council representatives, addressing an issue that some assert has caused instability at the interface of the Western-style tribal council and traditional village forms of government.
The opinion based on the Hopi Constitution, custom and tradition differs from the official position of the tribal council, which has maintained it has the exclusive power to remove council representatives.
“The (appellate court’s decision) seriously diminishes the authorities of the Kik’momngwit (traditional leaders), but only in the political arena,” said Ben Nuvamsa, former tribal chairman. “This can be seen as protecting them from central government politics, thus protecting them from the corruption and distractions that political involvement brings. They have sacred duties and do not get involved in political matters.”
Tina May, the Hopi Tribe’s public information officer, quoted Mike Puhuyesva, a Bacavi village council representative, as saying that it was “‘too soon for anybody to comment,” since council members had just learned of the court’s action but that the council would discuss it when it meets in March.
The court’s decision states, “The entire structure of the Hopi Constitution indicates that the authority of the central government of the Hopi Tribe rests on the bedrock of the aboriginal sovereignty of the Hopi and Tewa villages (which) delegated limited power to the central Hopi government.”
Unlike other tribal governments formed under the 1934 Indian Reorganization Act, “all members of the Tribal Council (of) Representatives, according to the express language of the Constitution, constitute ‘representatives from the various villages,’” and only the tribal chairman and vice chairman are elected at-large, it states.
The decision “constitutes a reaffirmation of pre-existing sovereign power, not a delegation of new authority to the villages,” it states.
“The court’s decision recognizes that power rests with the people and the villages,” said a H.O.P.I. (Hopi Organizational Political Initiative) press release. H.O.P.I. is circulating the petition, which also requests the removal of tribal attorney Scott Canty and a formal complaint to the Arizona State Bar Association on behalf of the Hopi and Tewa people.
The petition and court decision follow many months of internal strife that resulted in the resignations of Nuvamsa and the tribal vice chairman and controversy over the seating and removal of village representatives, one of whom was forcibly escorted from a meeting.
The Hopi Tribal Council at that time had suspended the appeals court, and it could decide again to ignore the appellate court’s decision or could fire the recently appointed justices and replace them.
Enforcing changes in the way villages are represented on the tribal council would be the responsibility of the villages themselves in a possibly time-consuming process that might require defining organizational and procedural guidelines for representation.
The council meets March 1, when the issue is expected to be brought up of eight representatives from First Mesa Villages and Mishongnovi Village allegedly chosen solely by Kik’momngwit and not by the villages as a whole and whose removal may be sought. The seating of three representatives from Sipaulovi who had been removed is also likely to be urged.
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koyavoli said on Sunday, Mar 14 at 6:22 PM
JMK it is obvious that your village does not have a kikmongwi thats why you don't respect anyone else's. Our chief is not in it for personal gain - what's to gain? The Ka Hopi group is on a mission to lease casino slots and the Tewas have no land base and so they are disgruntled. Talk about personal gain!
39228469H2opi said on Saturday, Mar 13 at 12:48 AM
I'm glad Hopis are doing well bickering amongst themselves as usual. Maybe if most of you would get off your butts and work towards a constitution uniquely formulated by and for the people with a healthy vision for all. The Hopi and Tewa have within themselves the power and courage to make some positive changes. It is long overdue.
39165189JMK said on Tuesday, Mar 9 at 2:29 PM
Your argument misses the mark totally Koyavoli. What kind of Religious Hopi Leader is a politician? By your words you prove that the leaders have crossed the line by over stepping their bounds. Once a leader throws the Hopis to the side for personal gain then he is no longer anything. I guess your contemporary Kik'mongwi is a Politician - definition: 1)somebody who actively or professionally engages in politics 2)a member of a branch of governmen 3)somebody whose main political motive is self-advancement and whose methods are often unscrupulous 4)Ssomeone who maniuplates relationships, especially in the workplace. It seems our leaders have become geedy and think of personal gain before the Hopi way of life. Sad, sad times.
38936346koyavoli said on Monday, Mar 8 at 8:53 PM
JMK needs to take a history lesson. If the village chiefs did not bother themselves in politics, Hopi would be Christian speaking Spanish. Remember the Pueblo Revolt!? Imagine how Hopi would be today if our chiefs did not make the choice to be "political".
38894659DONTE said on Monday, Mar 8 at 5:04 PM
The Hopis have aways to keep their Traditional way but what get me is coal planet have it,s dirty the air around them the goverment will try to buy them off.
38883731JMK said on Monday, Mar 8 at 11:12 AM
Do you have proof of Vernon's pay from enviromental groups? Or are you one of those cheap Hopis that say thing just to say things. Not very respectful for a "Traditional Hopi". Our Government is broken and always has been, it is not representative of the people. Why do Council Reps mettle in Village affairs? Maybe "Traditional Villages" should cede from the Hopi Tribe and force the BIA to administer programs. Its painfully obvious our current leadership does not have the capacity to do much good.
38862331Anonymous said on Sunday, Mar 7 at 8:39 PM
I FEEL THAT THE CONCERNED HOPI,HAS A LEGITIMATE GRIPE.YOU HAVE TRIBAL LAWYERS,TALK TO THEM.HAVE AN INVESTIGATION.IF YOUR SUSPICIONS ARE CORRECT CONTACT OTHER SUPPORTIVE TRIBAL MEMBERS,AND IF THEY AGREE AND THE INVESTIGATORS HAVE PROOF,MOVE TO HAVE HIM IMPEACHED.
38840814Concerned Hopi said on Sunday, Mar 7 at 3:17 PM
For many, years Hopi Tribal Council has dealt with traditional and modern western ways and kept a balance. Few in number are causing havoc. Unfortunately, they chose Ben Navemsa who has visions of grander for himself only. The H.O.P.I. group members are mostly non-traditonal and a number are christians not supporting tradtional ways. Many of us who struggle keeping tradtional beliefs intact are saddened our own people want to run the show for their own political agendas. If people could see the list of characters complaining, leading and destroying! Village drunks proclaiming they have authority, unemployed because of Ben Navamsa, even one that has served in federal prison for embazzlement, those living off Hopi and those deeply rooted with the environmentalists. The environmentalist are the ones I suspect that fund their cause to remove the Councilmen that don't jump on their bandwagon. Someone should investigate who is behind the scheme. Ask Vernon Masayesva they pay him well!!
38831209Anonymous said on Saturday, Mar 6 at 4:57 PM
IT`S A CASE OF WHY SHARE? DIVIDE AND CONQUER.HOW ARE WE GOING TO UNITE AS ONE TRIBAL NATION IF WE CAN NOT EXPERIENCE THE SHARING OF RESPONSIBILITIES WITH IN ANY AND ALL TRIBAL ENVIRONEMENTS.
38796176JMK said on Wednesday, Mar 3 at 6:56 PM
If the WHOLE Village supports the Kik'mongwi then why were they a part of this ruling. It was residents from First Mesa too that were irrate over the fact that your Kik'mongwi put himself in this position to where he is now a politician. For the rest of you NON-HOPIS, a Kik'mongwi is NOT a politician...He is a person that is picked to live a humble life...He leads our people by being a living example of spirituality..he is to always remain in his village with his children. First Mesa's "Kik'mongwi lives in another village. It use to be that the traditional lamented at the formation of this council..now that the older ones are gone these new "Traditional Leaders" are aiding and abetiting these puppets. This guy or gal obviously is on the side of bending the rest of us over while they get the scraps from whatever master they represent.
38621134RezDude said on Tuesday, Mar 2 at 8:31 PM
Because Nuvamsa fought for people's rights including yours and WON. He, like other Hopis, is Hopi - no matter where he resides. First Mesa people have NOT SPOKEN! In fact their rights have been violated by the likes of Sidney, Sinquah, Lacapa, Tewaguna. How much did you pay Tewaguna so you can abuse his position?
38556399Koyavoli said on Tuesday, Mar 2 at 7:31 PM
Why get comments from B.Nuvamsa who resigned his position and does not reside on the Hopi reservation. Further the H.O.P.I represents a handful of people, they cannot claim to speak for all Hopi and Tewa people. First Mesa as a whole supports the Kikmongwi, we have chosen a traditional form of government. Therefore, we HAVE spoken!!
38553456RezDude said on Monday, Mar 1 at 5:16 PM
The QB behind this is tribal attorney Scott Canty. He's there for Peabody just like John Boyden was. But the victims are grass roots Hopi and Tewa people. The Court did the right thing. Now Chairman Shingoitewa must honor the Final Answer and do the right thing and remove illegally seated reps if he is to live up to his campaign promises. You cannot be a wimp when you're elected by the people.
38480174hmmm... said on Monday, Mar 1 at 3:32 PM
don't worry be hopi? people of peace...or pieces of people? it's always sad to see first nations reduced to litigation to solve their problems. litigation always leads to new problems to solve, at a reasonable billable fee of course.
38473856Kuwanwhynum (Ruth Cockrum) said on Monday, Mar 1 at 10:43 AM
These problems of throwing representatives and their Kikmongwis out of their positions has been going on for years. During my father's time, Willard Sakiestewa, Sr. who drafted the first idea to save our landbase (the Hopi land) which was getting smaller and smaller). Ned Nayawtewa was practically thrown off his reigning seat when he was a Chief at Walpi. This is when the fight started in that village. Today these three village at Walpi, Sitsomovi, and Tewa are fighting among themselves, even for the tourists whom all are attracted by this village during the summer time. It is quite embarrassing bringing your friends there, they get pulled here and there.The discontentment goes far beyong the political rhealm.K
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