NAFTA threatens Native lands

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Native North Americans need to take a good, hard look at the proposed free-trade zone to be established under NAFTA (The North American Free Trade Agreement.) This agreement will gradually remove most or all trade barriers between the U.S.A., Canada and Mexico.

If implemented it is highly likely that Chile and much of Central America will soon be added to the free trade zone. Since all of the above countries have large indigenous populations one would expect that indigenous issue would be addressed NAFTA, but such is not the case.

The agreement specifically includes state, provincial and local governments but fails to recognize tribal governments or reservations. The unique legal status of Indigenous tribes is ignored.

NAFTA also presents a grave danger to Native land rights, especially in Mexico. Most Native Americans in Mexico do not have specific reservations but instead live on traditional communal lands recognized for centuries Spanish and Mexican law, and most recently the "ejido" system. The protections of the ejido have now been removed the government of President Salinas, thus making it possible for Indigenous lands to be purchased outsiders.

Recent information received indicates that Maya people in the state of Chiapas are already being forced off traditional lands non-Native speculators seeking to grab potentially valuable areas in anticipation of NAFTA's approval. We can expect a great deal more of this, since NAFTA includes no protection for Indigenous lands in Mexico.

It is not clear if NAFTA will pose an immediate threat to "trust" or reserve lands in the U.S. or Canada, but certainly the lands of Alaska Native corporations may be affected. Since "trust" and reserve lands are not specifically mentioned in NAFTA we must be very cautious.

Certainly all lands occupied Native people without a specific agreement with the government will be affected (such as all Bureau of Land Management lands or Crown lands in Canada) and all privately held Indian land will be affected. NAFTA will probably adversely affect the right of a tribe to regulate the sale of privately held lands within reservation boundaries if such regulation attempts to keep Canadian or Mexican investors out.

Legislation protecting Indian arts and crafts may also be wiped out, since NAFTA will prevent discrimination against Canada's and Mexico's Native craftspersons. Mexican Indians outnumber U.S. Indians at least four-to-one, and many are weavers, potters and artisans.

Tribal governments and Native organizations should contact their MPs to request detailed information on the above issues or to register their opposition to the proposal.

(University of California Professor Jack D. Forbes, Powhatan-Delaware, is the author of Columbus and Other Cannibals, Africans and Native Americans and other books.)