Constitutional Change In The Circumpolar Periphery: A Comparative Case Study Item Type Thesis Authors Smyth, Steven Eric Ronald Download date 01/10/2021 09:53:37 Link to Item http://hdl.handle.net/11122/8884 CONSTITUTIONAL CHANGE IN THE CIRCUMPOLAR PERIPHERY: A COMPARATIVE CASE STUDY A DISSERTATION Presented to the Faculty of the University of Alaska Fairbanks in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY By Steven Eric Ronald Smyth, B.A., M.A. Fairbanks, Alaska May 2005 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. UMI Number: 3167017 Copyright 2005 by Smyth, Steven Eric Ronald All rights reserved. INFORMATION TO USERS The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleed-through, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. ® UMI UMI Microform 3167017 Copyright 2005 by ProQuest Information and Learning Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ProQuest Information and Learning Company 300 North Zeeb Road P.O. Box 1346 Ann Arbor, Ml 48106-1346 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. CONSTITUTIONAL CHANGE IN THE CIRCUMPOLAR PERIPHERY: A COMPARATIVE CASE STUDY By Steven Eric Ronald Smyth RECOMMENDED: Advisory Committee Chair U i , t i AC f Northern Studies APPROVED: Dean, College of Liberal Arts C. *p jsL sL JS Dean of the Graduate S » ?/ i 3 ^ O S ' Date Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Abstract This dissertation probes the origins of intercultural conflict and regional disparity in the circumpolar North. The dissertation asserts that the national governments of Denmark, the United States and Canada have utilized policies of internal colonialism in Alaska, Greenland and the Yukon Territory, and that those policies have shaped inter­ cultural relations and contributed to regional disparities in their northern jurisdictions. Michael Hecther’s and Dale Johnson’s definitions of internal colonialism are utilized for the purposes of this study. The dissertation uses a comparative case study approach, reviewing how national government policies evolved and were applied in Alaska, Yukon and Greenland. It treats Alaska and the Yukon as similar cases, while Greenland is examined in a separate chapter as a dissimilar case. The dissertation provides an historical analysis and comparison of national policies towards aboriginal peoples, and shows how those policies were applied differently in Alaska and the Yukon than they were in the southern United States and Canada. These policies exacerbated conflict between the aboriginal and non-aboriginal populations due to the cultural division of labor that was created. The dissertation then examines the impact of federal policies on the economic development of Alaska and the Yukon. Thirdly, the dissertation examines the history of constitutional change, and compares the struggle for Alaska statehood with efforts to achieve provincial status for the Yukon. The dissertation concludes that policies of internal colonialism have been Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. detrimental to the social and economic well-being northern peoples, but that responses to these policies have generated creative new approaches and agreements. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. V Table of Contents Page Signature Page i Title Page ii Abstract iii Table of Contents v List of Figures ix Acknowledgements x Chapter 1 Introduction Introduction 1 The Comparative Approach 5 The Choice of Case Studies 9 Application to the Circumpolar North 17 Northern Constitutions and Constitutional Change 20 The Role of National Governments 29 Summary 32 Chapter 2 The Circumpolar North Defining the Circumpolar North 33 Common Characteristics of the Circumpolar North 36 The Circumpolar North and the Developing World 41 Theories of Development and Underdevelopment 50 Summary 63 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. vi Page Chapter 3 The Evolution of Indian Policy in North America Indian Policy in the Colonial Context 67 Internal Colonialism 74 The Evolution of American Indian Policy 74 Indian Policy in Alaska, 1867 - 1945 82 Indian Policy in Alaska, 1947 - 1971: Settling Native Land Claims 88 Government and Native Relations after ANCSA 96 The Evolution of Canadian Indian Policy 98 Indian Policy in the Yukon Territory, 1840 - 1941 110 Indian Policy in the Yukon Territory, 1941 - 1973 112 Indian Policy in the Yukon Territory, 1973 - 2003: Settling Native Claims 115 Conclusion 127 Chapter 4 Northern Economies Introduction 137 Characteristics of Northern Economies 141 Federal Economic Policy in Alaska: Colony to Statehood 148 Federal Economic Policy in Alaska: Statehood to 2004 158 Federal Economic Policy in the Yukon 168 Overcoming Economic Dependency 185 Conclusion 190 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. vii Page Chapter 5 The Constitutional Evolution of Alaska and the Yukon Introduction 197 The Drive for Statehood in Alaska 200 Summary 215 The Yukon’s Struggle for Constitutional Certainty 216 Amending the Yukon Act 216 Summary 231 National Constitutional Change 232 The Meech Lake Accord 244 The Charlottetown Accord Constitutional Proposal 253 Summary 263 Conclusion 265 Chapter 6 Greenland: An Internal Colony? Introduction 274 A Brief History of the Colonization of Greenland 275 The Modernization of Greenland 284 The Political and Constitutional Development of Greenland Under 289 Home Rule Greenland’s Economy 296 Summary 302 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. viii Page Chapter 7 Summary and Conclusions Summary: Correlates of Internal Colonialism 309 Conclusions 321 Seeking Empowerment Through Constitutional Change 326 Lessons from Alaska 328 Lessons from Greenland 330 Lessons from the Yukon 331 Lessons for Canada 333 References 337 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ix List of Figures Page Figure 1 Context Diagram 6 Figure la Variables 26 Figure 2 Processes Leading to Constitutional Change 28 Figure 3 The Evolution of Indian Policy in North America 69 Figure 4 Characteristics of Northern Economies: A Comparison 149 of Analyses Figure 5 A Comparison of Outcomes Demonstrating Efficacy of 266 Involvement Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. X Acknowledgements I would like to take this opportunity to thank my Advisory Committee: Dr. Gerald McBeath, Dr. Jonathan Rosenberg, Dr. Richard Caulfield, Dr. Claus Naske, Dr. Terrence Cole, and Dr. Peter Schweitzer, for their ongoing patience and assistance in reviewing the many drafts of this dissertation. I would particularly like to thank Dr. Gerald McBeath for his ongoing encouragement and support when my spirits were flagging. His encouragement was crucial to the completion of this lengthy endeavor. I would like to acknowledge the support I received from Stan Marinoske, Director of Finance and Administration for the Department of Environment, Yukon Government for allowing me to take eight months leave without pay to pursue my studies, and the Yukon Government for the $3,000 education grant to defray some of my expenses. Finally, I would like to thank my family: Julie, for her patience, assistance and support during the past 5 years, and my parents, Ron and Evelyn, who inspired me to work hard and to take pride in my endeavors. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Chapter 1 Introduction The purpose of this dissertation is to explore the roots of conflict in modem northern societies. The premise of this dissertation is that modem social conflicts in the North have their roots in national policies of internal colonialism, that continue in large measure to this day. These policies have divided northern communities along racial lines, and have obstructed efforts to build strong local economies. National policies, combined with exploitation by national and transnational corporations, have impeded northern development. At the same time, many northern economies depend on national government expenditures for generating economic activity in their region. A variety of events in recent decades, beginning in the late 1950s, have slowly begun to shift more power for resolving conflicts into the hands of northerners: the granting of statehood and Home Rule to Alaska and Greenland; the settlement of land claims in Alaska and parts of the Canadian North; the development of oil and gas resources in Alaska; and the devolution of powers to some local governments, represent some of these changes. At the same time, some conflicts have become more acute and complex, or have defied resolution: the impasse over subsistence