Meanwhile, another group had also galvanized to win closure of a long-suffering wound: Who owns the land upon which aboriginal people have always lived? Even before the United States purchased Alaska from Russia in 1867, aboriginal Alaskans had long asked when and how the tsar had come to acquire title to their homelands.452 But no one seemed to care much about this issue. It had simmered, neglected and out of public consciousness, for over a century.
By the time oil was found in Prudhoe Bay, times had changed. America’s civil rights movement had taught a new generation the power of organized protests and lawsuits. The Alaska Federation of Natives and other groups had been litigating Washington to block transfers of federal land to the new state of Alaska until their ancestral claims were adjudicated. Many of the claims overlapped and, when added up, covered a total land area larger than that of the new state. It was a mess, and in 1966, Secretary of the Interior Stewart Udall (father of the current senator from New Mexico Tom Udall) declared a “land freeze,” effectively stopping all transfers of land to the new state until the mess was cleaned up. When oil was struck and talk of a pipeline began, the legal implications of the aboriginal claims blew sky-high. Who, exactly, owned this land? Suddenly, Alaska—a place that was about as conspicuous as Nunavut is today—mattered to everyone. No pipeline could be built until the issue was resolved.
State legislators and oil companies began lobbying for quick congressional action on an arcane issue ignored since the Alaska Purchase of 1867. After three years of lively politics on Capitol Hill, the final result was the Alaska Native Claims Settlement Act (ANCSA), signed into law by President Richard Nixon in 1971.453
ANCSA’s grand bargain was this: Aboriginal Alaskans would forever relinquish all of their ancestral claims to land within the state of Alaska, as well as their traditional rights to hunt and fish without regulation. Also, their old reservation treaties would be nullified. In return, they won fee simple property title and mineral rights to forty million acres of land—about one-ninth of the state of Alaska—nearly $1 billion in cash, and a business plan.
The U.S. government had just made Alaska Natives (aboriginals) the largest private landowners in the state of Alaska.454 The land was geographically divided among twelve “Regional Corporations” to manage the new property and cash holdings, and oversee further incorporation of more than two hundred village corporations within their boundaries. All of the new companies were then free to pursue whatever profits they could from their new assets, which were then returned as dividends to their shareholders. To become a shareholder, one had to possess one-quarter Alaska Native blood, be a U.S. citizen, and enroll with a regional or village corporation. A special landless corporation was even set up for eligible shareholders living outside of the state.455
ANCSA differed from all previous aboriginal treaties in at least two important ways. First, an enormous amount of land was granted, more than the area of all historical Indian reservations in the United States combined. Some grumbled that even forty million acres was a pittance compared to what had been stolen in the first place, but there is no questioning it was colossal compared with past treaties. Second, ANCSA did not create permanent sanctuaries for an everlasting traditional subsistence life. Instead, it incentivized use of the granted land not simply for hunting and fishing but for capitalist enterprise, with aboriginal-owned companies and shareholders running the show, to spur development and economic growth. ANCSA had blown up the traditional model of Aboriginal Reservation and replaced it with a new one of Aboriginal Business.
Today, Alaska’s aboriginal-owned regional corporations and their subsidiaries are worth billions. They’ve spawned hundreds of companies in construction, oil and gas field support, transportation, engineering, facilities management, land development, telecommunications, and tourism, to name a few. They publish shareholder reports, elect boards, and write five-year management plans. In common with other corporations some have done well and others not. Some have been mismanaged into bankruptcy. Others have squandered their cash endowments, clear-cut their forests, and sold off land or deeded it to their shareholders. But the successful ones, especially in remote areas, have become a dominating force in Alaskan politics and society. They create jobs and attract other businesses by offering logistics services. They pay thousands of dollars per year to their shareholders.
ANCSA was really just the beginning of aboriginal empowerment in Alaska. It also set the stage for home rule governments like the North Slope Borough, an enormous success story, which has built schools, sewer systems, and water treatment facilities, and brought many other quality-of-life improvements to the North Slope by taxing oil field activities. Much of its success can be traced back to the ANCSA model. Not surprisingly, aboriginal Alaskans today are far more supportive of oil and gas exploration, of land development, and of business in general, than any prior generation.
Out of Alaska
What happened in Alaska inspired aboriginal groups around the world and propelled an era of comprehensive modern land claims agreements across Canada. By 1973 the Inuit, Cree, and others also had legal teams pressing their land claims and, following Alaska’s example, thwarting outside natural resource development projects until they were settled.456 Just four years after ANCSA, aboriginal resistance to a series of new hydropower dams led to the James Bay and Northern Quebec Agreement, Canada’s first modern land claims settlement. In 1974 the Dene, Métis, and Inuit people stunned the world by blocking the Mackenzie Gas Project, a long-planned pipeline to bring Arctic natural gas to southern markets and a cornerstone of Canada’s northern development plan. Their negotiations took even longer, but today, with their land claims agreements and businesses in place, most are now avid supporters of the pipeline.457 Like ANCSA their aboriginal-owned corporations and companies will benefit greatly from the project, which could begin as soon as 2018.458
Canada’s modern land claims agreements have evolved well beyond the simple business corporations of ANCSA. From the outset their aboriginal negotiators insisted that the new agreements affirm not only property rights but political, social, and cultural ones as well. Many settlements also set up political self-governance. They collect royalties from the extraction of subsurface minerals, oil, and natural gas, not only from the granted property but from surrounding public lands.459 Aboriginal corporations and the Canadian government now make joint decisions on development, wildlife management, and environmental protections on these public lands. Outside companies must hire prescribed numbers of aboriginal workers and companies. Numerous protections of native language and culture reverberate throughout these documents. Such complex agreements take years to negotiate, run hundreds of pages long, and often contain provisions for still more negotiations in the future.460
After nearly four decades the era of modern, geographically large land claims agreements in North America is drawing to a close. Over half of Canada is now under jurisdiction of one settlement or another, most recently in 2008 and 2009.461 The final push will be a wave of smaller agreements across Canada over the next decade or two.462 Then it will all be done.
Greenland Rules!
The third place where northern aboriginal people have clawed back political power from distant southern capitals is in Greenland. For almost three centuries this enormous, glacier-buried island just four hundred miles east of Iqaluit was a colony of Denmark, but its population and language—currently around fifty-seven thousand people—is overwhelmingly Greenlandic Inuit (“Greenlanders”) with a fair mixture of Danish blood.
As in Canada, the Alaska Native Claims Settlement Act of 1971 did not go unnoticed in this icy Danish province. In the year of its passage Greenlanders voted into their provincial council463 some radical youth, including an unknown twenty-four-year-old schoolteacher, Lars-Emil Johansen (whom I would meet years later as the former prime minister of Greenland), and the young firebrand Moses Olsen. These two began stridently objecting to Denmark’s sovereignty of Greenland, and for the first tim
e in memory, Greenlanders began thinking seriously about disentangling themselves from Copenhagen’s colonial rule.
One year later, Greenlanders heartily rejected Denmark’s referendum to join the European Community (predecessor to today’s EU) with 70% of the vote. Alongside their growing nationalism, natural resources were again a root cause, but this time going the other way: Danish membership in the EC would impose fishing restrictions and a sealskin ban on Greenland, both dear to her small aboriginal economies. The referendum passed anyway, but the vote was a wake-up call to Copenhagen. Within months the Danish Parliament was cooperating with Greenland’s minister and provincial council to explore the possibility of political self-rule. Greenlanders then overwhelmingly passed a public referendum on whether or not to advance the idea. In 1979 the Greenland Home Rule Act was passed, and Greenland became a politically autonomous country within the Kingdom of Denmark. 464 In 1982 she withdrew from the European Community.
Greenland Home Rule wasn’t a “land claim” in the property title sense, as there is no private land in Greenland (while privately owned structures may be built, all land title is held for the public good). But the end result was the same. For the next thirty years Greenlanders controlled the use of their land and set about building up an autonomous government, services, and political apparatus, just as Nunavut is doing today.
This continued for three decades. Then, in 2008, Greenlanders headed back to the polls. A new Greenland referendum was proposing even further divorce proceedings from Denmark. Its sweeping reforms would include taking over the police force, courts, and the coast guard. Greenland’s official language would be changed from Danish to Greenlandic. Revenues from future oil and gas development would be shared between the two countries, so that the Danish subsidies needed for Greenland’s survival could be phased out. Greenland would conduct its own foreign affairs with other countries. The referendum passed overwhelmingly and entered effect in 2009. This island—bursting with offshore gas along both flanks—is now on a political path to full and complete independence.465
The Unfair Geography of Aboriginal Power
The modern land claims agreements in North America, and Home Rule in Greenland, are big deals. Politically, they portend a fundamental shift of power from central to aboriginal governments. Economically, they portend abolishment of a culture of paternalism and welfare in favor of engaging aboriginal people in the modern global economy. These new commitments are here to stay. In Canada, for example, the new land claims agreements are even protected by a constitutional amendment.466 While not perfect, this devolutionary trend is a giant step forward relative to abuses of the past. It signals a profound return of autonomy and dignity to many northern aboriginal peoples.
Notice I said “northern.” Nearly all of this new control lies north of the sixtieth parallel. It is an assemblage of people living way up there—the Alaska Natives, Inuit, Yukon Indians, Dene Nation, Greenlanders, and others—who have most cause to celebrate.
Geography and luck greatly explain this uneven spatial pattern of new aboriginal clout. Many remote northern groups escaped being cajoled into old-fashioned treaties during the eighteenth, nineteenth, and early twentieth centuries because their homelands were distant and undesired. Permafrost tundra and spruce bogs held little appeal to white homesteaders. While northern aboriginals were infected, harassed, and resettled, they were not forced to sign away their claims to the land. With no historic treaty signed, their ancestral claims to the land were never extinguished.467 Legally, this left them in a strong bargaining position by the time a more progressive interpretation of their legal and civil rights arrived in the 1970s.
Most importantly, their remote geography meant there was actually still something left to negotiate for. In North America, the perfect trifecta of fossil fuels, hydropower, and civil rights converged upon empty federal and Crown lands, controlled only by Washington and Ottawa. Until the new land claims agreements were instituted, virtually none of this land had ever been privatized. These new aboriginal corporations are thus the first and only major private land owners in northernmost North America.
The unfair geography of aboriginal power. Shaded areas indicate lands where aboriginal groups have total or partial control, either through reserves, deeded property, or joint management through modern land claims or home-rule agreements. Alaska boundaries delineate the jurisdictional borders of the twelve Regional Corporations established by ANCSA. Aboriginal control is greatest in the far north and Greenland; in southern Canada and the lower 48 U.S. states it is constrained to much smaller reserves and reservations set by historical treaties. (Map data assembled from multiple sources.468)
The situation is totally different in southern Canada and the lower forty-eight American states. While British colonial law did hold a modicum of respect for aboriginal land rights,469 you know already the centuries-long tale of death and displacement following European colonization of the New World. Between 1492, when Christopher Columbus found Haiti (and misnamed its inhabitants “Indians”), and 1923, when the last Indian Reserve Treaty was signed in Canada, North America was a place where white settlers shot, diseased, and connived aboriginal people off their land. Millions of deaths and four centuries of lopsided treaties later, their descendants are boxed into tiny scattered fragments of land, often enveloped by private property. These treaties, no matter how unfair by today’s standards, extinguished their land claims. They have no hope of another. Reservations can grow, but only by buying out their neighbors, if they’ll sell, at market value. Even if surrounded by public lands, with their claims extinguished they have no legal standing to sue for a new treaty.470
ANCSA deeded about forty million acres of property to Alaska Natives. The modern land claims agreements in Canada ceded joint or total control of just over one billion more,471 with dozens of smaller claims still pending. In contrast, the sum total of all aboriginal reservations in the lower United States is about seventy million acres, which, if you could sweep all the bits together, might add up to the area of Colorado. Reservation populations may be growing, but their borders are not. There will not be another Nunavut.
President Keskitalo’s Argument
I was in Tromsø sitting with Aili Keskitalo, president of the Norwegian Sámi Parliament. She was describing the plight of her Sámi people (Lapps472), the aboriginal occupants of northern Europe. The petite thirty-eight-year-old mother leaned forward in her chair, speaking quietly but blue eyes blazing.
“Our language. Our symbols. Our traditional knowledge. They are threatened. In some areas, to a very large extent. We need to have a say in how the natural resources are exploited!”
I nodded. Once again my climate-change project was going down the tubes. When was she going to talk about crusty snow and starving reindeer? But then, while explaining how her parliament was very busy yet politically toothless, with no vote in Oslo, she unknowingly connected the dots for me.
“The climate change, it makes the oil, the gas, the mineral resources in the North more accessible. So the need to get control over the resource management is even more important, because of the climate change.” She sat back in exasperation. “If you have no representation, how can you have an influence on resource management?”
If there was ever a moment when my perspective suddenly broadened on the future of the northern countries I was traveling, that was probably it. We talked some more, so I could assemble in my own head what was already so obvious in hers. Everything is linked. Shrinking ice, natural resource demand, and political power were all tugging on each other. My scientist’s training had wrongly led me down the path of dissect, isolate, and rank. This works well for a focused problem, but is not always best for gaining a synoptic understanding of the world.
Northern aboriginal people don’t like being portrayed as hapless victims of climate change. Nor are they waiting for their central governments to come in and solve their problems. Quite the opposite. After numerous interviews with aboriginal le
aders,473 the resounding message I’ve heard is a desire for more autonomy, more control, more say over what happens or does not happen on these lands. The damages inflicted by climate change—already coming into view—only intensify their sense of urgency. More control affords more resilience, more adaptability, to deal with the consequences. The people I’ve met are not hoping that outside task forces will be dispatched to save them from climate change. They want the power—and yes, the resource revenues—to save themselves.
With this new understanding in view, I could see why president Keskitalo was pissed off. In the three countries discussed thus far—the United States, Canada, and Denmark—northern aboriginal people are becoming politically powerful. In the Nordic countries and Russia, they are not.
The Sámi Situation
Europeans are fascinated by their Sámi. Long after great cities had spread across Germany and France, the Sámi were still living in tents, migrating with their reindeer, living off the land by fishing, trapping, and hunting. Their mystic, highly spiritual culture is permeated with ties to the natural world, expressed in beautiful chanted songs called joiks. Furthermore, they are white. Unlike most northern aboriginals, they have a European rather than Mongol origin. Many Sámi have fair skin, blue eyes, and blond hair. This is partly due to centuries of mingling with Nordics, but genetically, the Sámi are much closer relatives of Basques than of Inuit.
The World in 2050: Four Forces Shaping Civilization's Northern Future Page 24