Proposal for the Inclusion of North American First Nations Tribes in the European Union

Reza Jalili
13 min readOct 9, 2023

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by Reza Jalili with assistance from ChatGPT4

Image Credit: Dall-E, imagining a future flag

Executive Summary: Native American Relations with European Settlers and the Prospect of EU Membership

Historical Context:

The history of First Nations and Native American tribes in North America is a tapestry of rich cultural heritage, intertwined with episodes of conflict, cooperation, and change. From the dawn of European colonization in the 1600’s to the present day, these indigenous communities have navigated a complex landscape of treaties, territorial disputes, and transitions in governance.

The 1600's marked the beginning of sustained European colonization in North America. Initial encounters were characterized by trade and sporadic conflicts. However, as European colonies expanded, the indigenous tribes found themselves embroiled in strategic alliances, wars, and treaties. The 1700s saw a surge in treaties and land cessions, often driven by European colonial ambitions. By the 1800s, the doctrine of "Manifest Destiny" in the U.S. led to significant territorial expansions, resulting in numerous conflicts with indigenous tribes. The establishment of reservations and the subsequent breaking of treaties became a recurring theme. The 20th century witnessed a resurgence of indigenous activism, with movements like the American Indian Movement advocating for rights, land, and cultural preservation.

Current State of Sovereign Nations:

Today, the U.S. recognizes 574 sovereign tribal nations, each with its unique governance structure, ranging from the Navajo Nation’s council-based system to the Iroquois Confederacy’s traditional leadership. In Canada, over 630 First Nations communities exist, from the Cree in the north to the Mi’kmaq in the east. These nations, while diverse, share common challenges related to land rights, economic development, and cultural preservation.

Proposal for EU Association:

The proposal to offer a path for First Nations tribes to apply to join the European Union (EU) is both groundbreaking and complex. The feasibility of such an association hinges on historical ties, legal precedents, and the potential for economic and cultural exchange.

The benefits are manifold: economic growth, cultural exchange, environmental collaborations, and a strengthened political position for First Nations on the global stage. However, the legal and procedural implications are intricate. Issues of sovereignty, existing treaties, and the adaptation of EU membership criteria for tribal entities would require careful negotiation. Furthermore, procedural challenges, from the application process to representation within EU institutions, would necessitate innovative solutions.

In essence, the journey of First Nations and Native American tribes, from their early interactions with European settlers to the contemporary challenges they face, underscores their resilience, adaptability, and enduring spirit. The prospect of associating with the EU offers a vision of international cooperation rooted in mutual respect, shared benefits, and a commitment to a brighter, inclusive future.

Historical Context of First Nations and Native American Relations with European Settlers

1600s: Early Colonization and Initial Encounters
The Dawn of Colonization

The late 15th and early 16th centuries saw the first European explorers setting foot on North American shores. By the 1600s, English, French, Spanish, and Dutch settlers began establishing permanent colonies.

Initial Relations and Trade

  • The indigenous tribes, with their intricate trade networks, became crucial partners for European settlers. The fur trade, especially beaver pelts, became a lucrative business, leading to the establishment of trading posts and forts.

Spread of Diseases

  • The arrival of Europeans brought unfamiliar diseases. Smallpox, measles, and influenza wreaked havoc on indigenous populations, leading to significant demographic shifts and power vacuums.

1700s: Treaties, Alliances, and Conflicts

Strategic Alliances and Wars

  • European powers, vying for dominance, sought alliances with indigenous tribes. The French and Indian War, part of the larger Seven Years’ War, was a significant conflict where tribal alliances played a crucial role.

Treaties and Land Cessions

  • As European colonies expanded, treaties became tools to legitimize land seizures. The Treaty of Fort Stanwix (1768) saw the Iroquois cede vast territories, while the Treaty of Paris (1783) ended the American Revolutionary War but ignored indigenous territorial rights.

Impact of European Goods

  • European goods, especially firearms, changed the dynamics of inter-tribal relations and warfare. Tribes with access to European weapons often had advantages over their rivals, leading to shifts in power and territory.

1800s: Expansion, Displacement, and Reservations

Manifest Destiny and Westward Expansion

  • The doctrine of “Manifest Destiny” in the 19th century fueled the U.S. government’s push westward. This expansionist ideology led to significant events like the Louisiana Purchase (1803) and the annexation of Texas (1845).

Indian Wars and Forced Relocations

  • The U.S. government’s expansion policies led to numerous conflicts. The Seminole Wars in Florida, the Black Hawk War in the Midwest, and the Plains Wars further west were all results of territorial disputes and resistance against encroachment.

Reservation System and Broken Treaties

  • The reservation system aimed to confine tribes to specific territories, often on undesirable lands. The Fort Laramie Treaty (1851) promised the Lakota ownership of the Black Hills, but the discovery of gold led to an influx of settlers, breaking the treaty’s terms.

Late 1800s to 1900s: Assimilation, Activism, and Modern Challenges

Assimilation Policies and Cultural Erasure

  • The Dawes Act (1887) aimed to assimilate indigenous peoples by allotting reservation land to individual families rather than tribes, undermining communal landholding traditions. The Indian boarding school system sought to “civilize” indigenous children by forcibly separating them from their cultures.

Activism and the Fight for Rights

  • The 20th century saw a resurgence of indigenous activism. The American Indian Movement (AIM), founded in 1968, sought to address issues like treaty rights, living conditions, and police harassment. Events like the Alcatraz Occupation and the Wounded Knee standoff highlighted these struggles.

Modern-Day Challenges and Legal Battles

  • Indigenous communities continue to face challenges related to land rights, cultural preservation, and socio-economic disparities. Legal battles, such as the one over the Dakota Access Pipeline, highlight the ongoing struggles against corporate and governmental encroachments on indigenous lands.

USA: Federally Recognized Tribes

Overview

The United States recognizes 574 sovereign tribal nations, each with its unique history, culture, and governance structure. These tribes are spread across the contiguous states, Alaska, and other territories.

Top 10 Tribes by Population and Influence

Navajo Nation
Population: Approximately 300,000
Estimated GDP: $1.5 billion
Governance: The Navajo Nation Council and President
Website: Navajo Nation Official Site
Leader: President Jonathan Nez

Cherokee Nation
Population: Over 380,000 registered citizens
Estimated GDP: $2 billion
Governance: Tribal Council and Principal Chief
Website: Cherokee Nation
Leader: Principal Chief Chuck Hoskin Jr.

Sioux Nation
Population: Approximately 170,000
Estimated GDP: $500 million
Governance: The Sioux are divided into three major divisions with separate governance structures: Dakota, Nakota, and Lakota.
Website: Oglala Sioux Tribe
Leader: President Kevin Killer (Oglala Sioux Tribe)

Chippewa (or Ojibwe) Nation
Population: Over 150,000
Estimated GDP: $400 million
Governance: Tribal Council system
Website: Minnesota Chippewa Tribe
Leader: Varies by specific band or tribe within the Chippewa Nation

Apache Nation
Population: Approximately 57,000
Estimated GDP: $300 million
Governance: Tribal Council and Chairperson
Website: White Mountain Apache Tribe
Leader: Chairwoman Gwendena Lee-Gatewood (White Mountain Apache)

Blackfeet Nation
Population: Over 17,000
Estimated GDP: $120 million
Governance: Blackfeet Tribal Business Council
Website: Blackfeet Nation
Leader: Chairman Timothy Davis

Iroquois Confederacy (or Haudenosaunee)
Population: Approximately 80,000
Estimated GDP: $200 million
Governance: Traditional Council of Chiefs system
Website: Haudenosaunee Confederacy
Leader: Varies by specific nation within the Confederacy

Nez Perce Tribe
Population: Over 3,500
Estimated GDP: $50 million
Governance: Nez Perce Tribal Executive Committee
Website: Nez Perce Tribe
Leader: Chairman Shannon Wheeler

Choctaw Nation
Population: Approximately 200,000
Estimated GDP: $1.5 billion
Governance: Chief, Assistant Chief, and Tribal Council system
Website: Choctaw Nation
Leader: Chief Gary Batton

Mohican Nation (Stockbridge-Munsee Band)
Population: Over 1,400
Estimated GDP: $40 million
Governance: Tribal Council and President
Website: Stockbridge-Munsee Community
Leader: President Shannon Holsey

Governance and Structure of U.S. Tribes

Constitutional Framework

Many tribes have adopted written constitutions outlining the structure of their government and the rights of their members. These constitutions often draw inspiration from the U.S. Constitution but are tailored to the tribe's specific needs and traditions.

Tribal Councils
The majority of tribes operate with a Tribal Council system, which functions similarly to a legislative body. Council members are typically elected by the tribe's members and are responsible for enacting laws, managing finances, and overseeing day-to-day operations.

Executive Leadership
Most tribes have a chief or chairperson who serves as the executive leader. This role is often elected, though some tribes have hereditary leadership systems. The chief or chairperson's responsibilities often include representing the tribe in external relations, enforcing tribal laws, and overseeing executive functions.

Judicial Systems
Many tribes have established their own judicial systems to interpret tribal laws and resolve disputes. These can range from traditional peacemaking circles to formal tribal courts with judges and legal procedures.

Traditional Governance
Some tribes maintain traditional governance structures alongside or instead of the more "westernized" systems. These can include clan-based systems, elder councils, or other traditional decision-making bodies.

Sovereignty and Relations with the U.S. Government
Tribes are recognized as sovereign nations, meaning they have the right to govern themselves. However, this sovereignty is "domestic dependent," meaning tribes operate as independent entities but are still subject to certain U.S. laws and regulations. The U.S. government interacts with tribes on a government-to-government basis. The Bureau of Indian Affairs (BIA) is the primary federal agency responsible for relations with tribal governments.

Treaties and Agreements
Historically, tribes entered into treaties with the U.S. government, which outlined rights, land cessions, and other agreements. While many of these treaties have been broken or ignored by the U.S. government, they still form the legal basis for many tribal rights and claims.

Challenges and Modern Governance Issues
Many tribes face challenges related to governance, including maintaining sovereignty, navigating relations with state and federal governments, and addressing socio-economic issues within their communities.
Modern governance issues also include debates over enrollment and membership criteria, economic development strategies, and the preservation of cultural and traditional practices within a governance framework.

In conclusion,
…while there are commonalities in the governance structures of U.S. tribes, each tribe's system is unique, reflecting its history, culture, and contemporary challenges. The balance between traditional practices and modern governance needs is a dynamic aspect of tribal self-determination and autonomy.

Canada: First Nations

Overview

Canada recognizes over 630 First Nations, with a combined population of nearly 1 million people. These nations are spread across provinces and territories, each with distinct languages, cultures, and histories.

Top 10 First Nations by Population and Influence

Cree Nation
Population: Approximately 200,000
Estimated GDP: Data not readily available
Governance: Varies by specific Cree community
Website: Cree Nation Government
Leader: Grand Chief Abel Bosum

Ojibwe (or Anishinaabe) Nation
Population: Over 170,000
Estimated GDP: Data not readily available
Governance: Varies by specific Ojibwe band
Website: Anishinabek Nation
Leader: Regional Chiefs representing various bands

Mi'kmaq Nation
Population: Approximately 170,000
Estimated GDP: Data not readily available
Governance: Each of the Mi'kmaq communities has its own local leadership, but they collectively form the Assembly of Nova Scotia Mi'kmaq Chiefs.
Website: Mi'kmaq Rights Initiative
Leader: Varies by specific community within the Mi'kmaq Nation

Inuit
Population: Over 65,000
Estimated GDP: Data not readily available
Governance: Inuit Tapiriit Kanatami (ITK) is the national representational organization.
Website: Inuit Tapiriit Kanatami
Leader: President Natan Obed

Métis Nation
Population: Approximately 400,000
Estimated GDP: Data not readily available
Governance: Métis National Council (MNC) at the national level.
Website: Métis National Council
Leader: President Cassidy Caron

Nisga'a Nation
Population: Over 7,000
Estimated GDP: Data not readily available
Governance: Nisga’a Lisims Government
Website: Nisga'a Lisims Government
Leader: President Eva Clayton

Haida Nation
Population: Approximately 4,500
Estimated GDP: Data not readily available
Governance: Council of the Haida Nation
Website: Council of the Haida Nation
Leader: President Gaagwiis Jason Alsop

Dene Nation
Population: Over 20,000
Estimated GDP: Data not readily available
Governance: Dene National Office
Website: Dene Nation
Leader: National Chief Gerald Antoine

Mohawk (part of the Iroquois Confederacy)
Population: Approximately 77,000
Estimated GDP: Data not readily available
Governance: Varies by specific community within the Mohawk Nation
Website: Mohawk Council of Kahnawà:ke
Leader: Varies by specific community

Salish Peoples
Population: Over 15,000 (Coast Salish)
Estimated GDP: Data not readily available
Governance: Varies by specific community within the Salish Peoples
Website: Coast Salish Gathering
Leader: Varies by specific community

Governance and Structure of Canadian First Nations

Traditional Governance
Many First Nations have long standing traditional governance systems based on clans, families, or other social structures. These systems often involve hereditary leaders, elder councils, and ceremonies that guide decision-making.

Band and Chief System
Under the Indian Act, a piece of Canadian federal legislation, First Nations are organized into "bands." Each band typically has an elected chief and council who handle the day-to-day administration and decision-making for the community. The number of councilors is usually determined by the size of the band.

Elections
The Indian Act initially prescribed two-year terms for chiefs and councilors, with elections governed by the Act's regulations. However, in recent years, many First Nations have moved away from the Indian Act's electoral system, either by creating custom election codes or by adopting longer terms for leaders.

Treaty Rights and Land Claims
Historically, the British Crown (and later the Canadian government) entered into treaties with various First Nations. These treaties often involved the cession of land in exchange for rights, such as hunting and fishing rights, and annuities. Many of these treaties form the basis for ongoing land claims and rights negotiations.

Assembly of First Nations (AFN)
The AFN is a national advocacy organization representing First Nations citizens in Canada. While it doesn't have governing authority over individual First Nations, it plays a significant role in national policy, advocacy, and negotiations with the Canadian government. The AFN has a National Chief, currently RoseAnne Archibald, who represents the organization at the national and international levels.

Self-Governance Agreements
In recent decades, many First Nations have sought to move away from the Indian Act's governance structures and regain control over their governance. Self-governance agreements allow First Nations to take over responsibilities that were previously under federal jurisdiction, such as education, health, and land management.

Nation-to-Nation Relationship
The Canadian government has, especially in recent years, emphasized a "nation-to-nation" relationship with First Nations. This approach recognizes the inherent rights and sovereignty of First Nations and seeks to engage in collaborative, respectful negotiations and partnerships.

Challenges and Contemporary Issues
First Nations governance faces various challenges, including the legacy of colonialism, socio-economic disparities, and debates over land rights and resource development. The ongoing impacts of residential schools, where Indigenous children were forcibly separated from their families and cultures, also play a significant role in contemporary governance discussions.

Modern governance issues also encompass debates over membership and citizenship, the balance between traditional practices and contemporary needs, and the push for greater autonomy and self-determination.

In conclusion,
…the governance structures of Canadian First Nations are dynamic and evolving, reflecting a blend of traditional practices and contemporary frameworks. The push for greater self-determination, recognition of treaty rights, and the challenges posed by historical injustices are central themes in the governance landscape of First Nations in Canada.

Challenges and Opportunities

Economic Development
Many tribes and First Nations are exploring avenues for economic development, from casinos and tourism to renewable energy projects and tech ventures.

Land Rights and Environmental Concerns
Land rights remain a contentious issue. Many tribes and First Nations are involved in legal battles to reclaim ancestral lands or protect them from environmental threats.

Preservation of Culture and Language
Efforts are underway to preserve indigenous languages, many of which are endangered. Cultural revitalization programs, education initiatives, and media projects aim to keep traditions alive for future generations.

Proposal for EU Membership

Feasibility and Benefits of First Nations Tribes Joining the European Union

Feasibility

Historical and Cultural Ties:
Many First Nations tribes have historical ties to European nations due to colonization, trade, and alliances. These connections could serve as a foundation for building a new relationship with the EU.

Legal Precedents:
The UN Declaration on the Rights of Indigenous Peoples and other international treaties could provide a framework for First Nations tribes to engage with international entities like the EU.

Sovereignty Recognition:
The EU's history of recognizing and working with non-state entities, such as Palestine, suggests a potential pathway for engaging with sovereign First Nations tribes.

Economic and Trade Relations:
Many First Nations tribes have established economic entities and trade relationships. The EU, with its vast market, could be a feasible trade partner, especially for tribes with significant natural resources or unique products.

Benefits

Economic Growth and Development:
Membership or association with the EU could provide First Nations tribes with access to a larger market, leading to increased trade, investment, and economic growth.

Cultural Exchange and Education:
Engaging with the EU could lead to cultural exchange programs, educational opportunities, and collaborations in arts and sciences, enriching both First Nations and EU member states.

Environmental and Conservation Collaborations:
Many First Nations tribes have a deep connection to the land and have been at the forefront of environmental conservation efforts. Collaborations with the EU could lead to joint environmental projects, research, and conservation initiatives.

Strengthened Political Position:
Association with a powerful international entity like the EU could strengthen the political position of First Nations tribes in negotiations with the U.S. and Canadian governments.

Reinforced Rights and Autonomy:
Engaging with the EU could provide an additional platform for First Nations tribes to advocate for their rights, autonomy, and recognition on the global stage.

Tourism and Global Recognition:
Association with the EU could boost tourism, as European citizens become more aware of First Nations cultures, histories, and territories. This could lead to economic benefits and a broader understanding and appreciation of indigenous cultures.

Legal and Procedural Implications

Legal and Procedural Implications of First Nations Tribes Joining the European Union

Legal Implications

Sovereignty and Jurisdiction:
First Nations tribes are recognized as sovereign entities within their respective countries (U.S. or Canada). Joining or associating with the EU would require clear definitions of sovereignty, jurisdiction, and the extent of EU law applicability within tribal territories.

Existing Treaties and Agreements:
First Nations tribes have various treaties and agreements with the U.S. and Canadian governments. These treaties might conflict with EU regulations or requirements, necessitating renegotiations or amendments.

International Law:
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and other international treaties could provide a legal framework for First Nations tribes to engage with international entities like the EU. However, the interpretation and application of these treaties would be crucial.

EU Membership Criteria:
The EU has established criteria for membership, known as the Copenhagen criteria. While these criteria are designed for nation-states, they would need to be reinterpreted or adapted for sovereign tribal entities.

Procedural Implications

Application Process:
The EU has a defined process for nation-states seeking membership. This process would need significant adaptation for First Nations tribes, considering their unique status and needs.

Negotiations:
Detailed negotiations would be required to address issues like trade, governance, human rights, environmental standards, and more. These negotiations could be lengthy and complex.

Ratification:
Any agreement or treaty resulting from negotiations would likely need ratification by all EU member states, as well as approval from the respective First Nations tribes.

Integration and Implementation:
Once an agreement is reached, there would be procedural challenges in integrating First Nations tribes into the EU framework. This would involve adapting EU laws and regulations to the tribal context and ensuring compliance.

Representation and Participation:
Procedures would need to be established to ensure First Nations tribes have adequate representation within EU institutions, such as the European Parliament or the European Council.

Dispute Resolution:
Given the complexities involved, a robust dispute resolution mechanism would be essential. This could involve international courts, arbitration panels, or traditional indigenous peacemaking processes.

In conclusion,

….while the idea of First Nations tribes joining or associating with the EU presents numerous legal and procedural challenges, it also offers an opportunity for groundbreaking international cooperation. Addressing these implications would require careful consideration, extensive negotiations, and a commitment to mutual respect and understanding

Sources:
- Wikipedia
- European Union's government reference website
- U.S. government's online resources on First Nations
- Native American Rights Fund
- American Indian Movement Archives

(Note: This is a summarized version of the proposal. Detailed information, specific references, and in-depth analysis are in the formal request to the European Union.)

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Reza Jalili

I don’t read much. I write now and then. I wonder…a lot.