4.  DESCRIPTION OF CASE FROM A GENDER PERSPECTIVE:

The Dineh case illustrates the relationship between environmentally destructive development and the oppression of women,s rights.  On Black Mesa a traditional matriarchal culture is being destroyed and replaced with a male-dominated religion, government and economy, and the mining industry and US governmental intervention are primarily responsible for this transition.

A struggle is occurring on Black Mesa between two divergent viewpoints on the relationship between humans and their environment.  One group, led by male-dominated mining corporations and tribal councils, view land as property, whose title-holders should exploit for the maximum profits regardless of the impact on the land, or on people who currently inhabit the land. The other group, whose leaders are the grandmothers in the matriarchal traditional Navajo culture, believe that the land is sacred and should not be violated by a strip mine.  They believe that they must remain upon their lands, where their families have lived for countless generations and protect it from destruction.

US governmental policies are continuing the tradition of US support of the corporate interests against the Indigenous culture.  The US government intervened in the 1950,s to replace traditional Indigenous governments with tribal councils empowered to enact mineral leases.  The US government intervened in 1974 to authorize and finance with US taxpayer dollars the relocation of traditional families out of the mining area.

The current laws deny the Dineh families who remain on their land fundamental constitutional rights enjoyed by other citizens of the US. They are not allowed to vote or in any way to participate in the government which controls their lives. They are not allowed to participate in the legal system other than as defendants.  They have no right to appeal any police or government action.  The abuses resulting from this lack of rights are well documented, but the people have no governmental body to which they can even submit their complaints. Mining company security personnel threaten, harass and intimidate elders, threatening them with jail if they try to protect their homes, property and burial sites from Peabody Coal's bulldozers.  They can be arbitrarily thrown in jail for resisting actions by the mining company.  People and their livestock are given trespass notices. Ceremonial hogans, houses, sacred sites and graveyards are bulldozed.  Armed rangers visit elders at their homes and threaten, harass them and confiscate their livestock at the government,s discretion.  They are denied access to water, their water wells fenced, capped off and dismantled. For over 30 years they have been denied the right to repair their homes, even in cases of medical need.

The grandmothers and other Indigenous people in the area need a mechanism to participate in the policies affecting their community that is independent of the completely male-dominated, industry-established tribal governments.  The male paradigm that the land is but a resource to be exploited is currently collapsing under the weight of its own failure. The coal strip mines do not represent a permanent solution to the economic problems of the Navajo and Hopi tribes - only a short time remains before international pressure forces the US to restrain its irresponsible abuse of the earth,s atmosphere.  And the coal fired power plants in the Four corners region are the largest single point source of greenhouse gasses in North America.  The enterprise for which the fundamental human rights of the Navajo families are being sacrificed is but a doomed scheme to make quick money.

The Navajo grandmothers represent a different set of values.  The earth is a mother who gives life and must be respected and protected in turn.  And while they want to be able to continue their traditional way of life they are also open to exploring other sustainable technologies, such as solar energy or alternative organic agricultural methods.  However, the US continues to rely upon "market forces" to solve global environmental problems and refuses to equalize the market by taxing polluters for their damages to the environment or to subsidize the development of energy alternatives which are needed to comply with targets set by Agenda 21.

As reflected in Agenda 21, the UN Conference on Population and Development recognized that "women have an essential role to play in the development of sustainable and ecologically sound consumption and production patterns and approaches to natural resource management.  It is essential that the value of the grandmothers be recognized and the sacrifices that they have made to protect their land from destruction.
 

What/who caused this problem? Please name actors/ industry/ industrial

practices or policies responsible for contamination.

The US government had tried in the 1930's to replace the traditional governing mechanisms on the reservations with Western-styled governments, but these institutions quickly collapsed from lack of support by the people.  In the 1950's, vast coal deposits were discovered on Black Mesa, but no government existed with the power to issue leases to the mining companies. White attorneys with strong ties to the mining industry used the dormant 1930's paperwork to create new tribal governments.  John Boyden founded and controlled the Hopi Tribal Council. He handled all of its negotiations for the coal leases, without ever disclosing that he was simultaneously working for Peabody Coal Company. The people on the Hopi reservation did not recognize the validity of the government or of the coal leases, and filed a suit in the US courts to overthrow the lease, as coal mining violated the Hopi religion. The US courts dismissed the suit, stating that the industry-created tribal council was a sovereign power, and that the Hopi people could not use the US courts to appeal its actions.

The mining industry played a major role in the passage of Navajo-Hopi Settlement Act of 1974, which resulted in the largest relocation of Native American people since the 1860,s. The relocation effort was a disaster.  Over 12,000 people were relocated.  Some were sent to cities, where, unable to speak English or relate to a non-traditional economy, they quickly lost the small sums given at the time of the relocation. The rest were sent to the "New Lands, an EPA Superfund site contaminated by the nation's worst nuclear spill.  But many families resisted the orders to relocate, and 23 years later, several thousand still remain on their traditional homesites.  The cost to US taxpayers, over 350 million dollars spent to fund Relocation, without their knowledge or consent.

With assistance from the US government, the mining industry has empowered a new faction on the reservations consisting of businessmen who profit from mining, large scale cattle ranching, and other non-traditional economic activities.  This faction controls the tribal governments and rejects traditional religious views about the sacredness of the land.  It views the traditional Dineh living on the land as obstacles to the success of their business ventures.  The US government considers this faction to be the sole legitimate voice of all the people and has granted it sovereign powers that deprives the people of fundamental civil rights.

The negative impacts of the mining industry thus include a sociological effect as well as the direct environmental impact of the mines. The sociological effect has contributed to the disempowerment of women in the community.
 

Prior to the crisis were community members aware of the harmful practice/policy that led to contamination?

The people affected by the legislation were never informed of the legislation, never allowed to testify in any Congressional hearing and never allowed to be represented in any way through the process.  All of the decisions that led to partition of their land were all carried out and enacted by newly created male-dominated tribal councils located 100 miles away from the directly affected people.  All information about legislation being enacted was totally removed from the local community and decision making authority was taken away from historically women-dominated traditional forms of self-governance and traditional religious views, based on a spiritual bonding to their land which rejects mineral exploitation.  But they were excluded from decision making processes and the information chain.  Information about legislative issues, mining leases never left the male- dominated tribal councils.  Generally the only information they get about laws and regulations imposed is when they get eviction notices or when bulldozers come to destroy their homes, sacred sites and graveyards.
 
 

What is the extent of the water contamination?  How did it impact the environment, economy, health and

society of the area/region?  Please include the differential impacts on women's and men's livelihood,

on their health and well-being, and on family and community life.

 

 Environmental Degradation:

Coal strip mining and the burning of fossil fuels is one of the most unsustainable ways of land and resource management.  It is a major cause of eviction, displacement, environmental degradation, water contamination and diminution; negatively impacting their subsistence livestock-based economy.  This is endangering a matriarchal culture and their ability to continue practicing a traditional way of life.

 

The operations of Peabody Coal have destroyed countless sites that are sacred to Dineh. Stripping of the land years in advance of mining operations has degraded the biota and caused the displacement of the Dineh people for coal mining purposes, causing disruption to family life and ill health effects.  Local residents living in the mining permit area have been told they and their livestock, upon which they are dependent for their survival, could no longer drink from traditionally used water sources.  Environmental degradation continues as multi-colored toxic seeps emerge on their land. Some herbs used in traditional medicine were only available at places that have been destroyed by mining, so that the herbs are no longer available. Since traditional medicine is closely interlinked with religion, this interferes with religious practice.

 

Water Contamination:

Springs, washes and wells in the region are contaminated.  Mine soils, spoil and coal stock piles are impacting surface water used for human consumption, also negatively impacting potential plant and soil toxicity,s due to blowing fugitive dust and airborne particulate from the stockpiles.  Contaminated surface water discharge and elevated levels of selenium in overburden materials is causing livestock poisoning in the leaseholds adjacent.  This has threatened livestock used for human consumption.  Excessive unlined coal stockpiles and blowing fugitive dust from mining and reclamation activities has increased the incidence of respiratory illnesses.

 

Water Impact:

The mines threaten the sole-source water supply for the communities in the region.  The coal from the Black Mesa mine is transported to the Mohave Power plant via a slurry line that requires pumping  3 millions of water each day from the Navajo (N) aquifer. A report prepared by the US Geological Survey concluded that 90% of the water in the aquifer is 10,000 to 35,000 years old - collected during the ice ages.  Ancient natural springs, wells, washes and water sources have run dry, others have only a few years left. The slurry line operates without any permit from the EPA. In a region where water is extremely scarce, the use of such a precious resource just to transport coal is a tragic waste.

 

Atmospheric Impacts:

In the region, coal-fired power plants generate over 10% of the nation's electricity, and are the largest point source of greenhouse gasses in a country that leads the world in their production.  The plants, exempted from all environmental laws by grandfather clauses dating back to the 1960's, operate without scrubbers or other emission controls and emit 350 tons of sulfur compounds and 250 tons of nitrogen compounds into the atmosphere each day.  The incredible volume of these pollutants is enough to reduce visibility in an area involving thousands of square miles, including a 50% reduction of visibility at the Grand Canyon in the last 15 years, desertification, and acidification of rain and surface water in the region. The Mohave Generating Station burning Peabody Coal Company,s Black Mesa coal stands out as one of the worst offenders because of its large scale, its lack of pollution controls, and its excessive emissions due to burning of moistured coal.

 

How did it impact the environment, economy, health and society of the area/region?

Please include the differential impacts on women's and men's livelihood,

on their health and well-being, and on family and community life.

Traditional Dineh society is matriarchal.  The women play the pivotal role in their society, culturally and religiously.  It is women,s primal role as protectors of the land that is traditionally responsible for their religion, government and economy.  Women were mainly responsible for their income produced through sheep herding and weaving.  In contrast the impact of mining has created a transition to a male-dominated set of institutions in society.  Jobs that have arisen from the mining industry all go to men.  This has undermined their traditional self-sufficient economy with coal mining jobs.

Coal mining destroys the earth and is destroying a matriarchal society that women play a lead role in, economically, religiously and politically, creating a new society run by men. Royalties generated from the coal mining go to male-controlled tribal councils, both Hopi and Navajo, and women have never been chief of either executive institution.  Women who have historically been protectors of the earth now face male-dominated institutions that view the earth as a resource.  This has negatively impacted their health, well being and disrupted their family and community life.  The differential impacts of women,s and men,s livelihood are briefly illustrated in the following ways:

 
 

 Traditional

 Mining 

Economy 

The two main components were sheep herding and weaving, both of which were primarily conducted by women.

 The two main components of the economic system are now royalties from mining (paid to and subsequently controlled by male-dominated tribal governments) and jobs at the mines (primarily filled by men).  The mining companies have played a role in eroding traditional self-sufficiency, such as by destroying local water sources and forcing the people to become dependent on wells that are run by the government. 

Land Title

In the matriarchal society, the homestead is passed from mother to daughter, but what was being passed was not ownership of the land as much as stewardship of the living earth. 

All land title in the area is now owned by the all-male tribal governments, which considers land as property to be exploited. The legal maneuverings in the 1930's and 1950's which effectively transferred land title from the people to the tribal governments were done in order to facilitate mining in the area. 

Government 

The focus of traditional society is on the family/clan units, where women played the dominant role. 

Power has shifted away from the family to the all-male tribal government, which regulates the economy and manages relations with the US government, the mining companies, and other external forces which now control the people's lives. These governments have also claimed dominion over many areas that were previously considered family matters, such as regulating shepherding, controlling housing and construction, and requiring permits for many activities.  The tribal governments were largely founded by white male attorneys with strong ties to the mining industry and continues to reflect the value systems and interests of the industry. 

Religion

The heart of traditional religion was the relationship with the land, and women played the dominant role in this part of the religion as the keepers of the land. 

As traditional Dineh religion strongly opposes mining, the mining industry has tried to destroy traditional religion and replace it with the worship of money and with materialistic explanations of the universe. The "priests" of this new religion are almost exclusively male. 

 

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