Highlight quote from the President:
Tribal governments have an inherent right to protect their people, and all women deserve the right to live free from fear. And that is what today is all about.
2:16 P.M. EST
THE VICE PRESIDENT: Thank you very much, Diane. Thank you. (Applause.) Continue reading
Violence Against Women Act Signed Into Law;
NCAI Begins Implementation Coordination
NCAI Members join President Obama and Vice President Biden, Members of Congress, and Advocates to Celebrate Passage of Protections for All Women
NCAI’s Creative Commons photos available for use by media
WATCH: YouTube clip of the event
Washington, DC – Native women, tribal leaders, women’s rights advocates, and survivors of domestic abuse joined President Barack Obama and Vice President Joe Biden today, along with members of Congress and the Obama Administration, to celebrate the reauthorization of the Violence Against Women Act (VAWA). Members of NCAI’s Executive Committee joined in celebrating the tribal provisions of the bill enacted into law; President Jefferson Keel, 1st Vice President Juana Majel Dixon and Co-Chair of NCAI’s Task Force on Violence Against Women, Secretary Ed Thomas, and Treasurer Ron Allen. Terri Henry, Co-Chair of NCAI’s Task Force on Violence Against Women, was also in attendance.
Diane Millich, a member of the Southern Ute Indian Tribe in Colorado, opened the event and introduced Vice President Biden, sharing her story which has been a focus of national media attention since May of last year, and most recently in a New York Times article. Deborah Parker of the Tulalip Tribe of Washington, an active and prominent voice in the VAWA advocacy efforts alongside the NCAI Task Force, also stood on stage during the signing of VAWA.
“Indian Country has some of the highest rates of domestic abuse in America. And one of the reasons is that when Native American women are abused on tribal lands by an attacker who is not Native American, the attacker is immune from prosecution by tribal courts. Well, as soon as I sign this bill that ends,” said President Barack Obama, moments before signing the bill. “Tribal governments have an inherent right to protect their people, and all women deserve the right to live free from fear. And that is what today is all about.”
“Today represents a historic moment in the nation-to-nation relationships between tribes and the federal government. Now that the tribal provisions have been enacted and protection for all women reauthorized, justice can march forward,” said Jefferson Keel, President of NCAI. “Local tribal authorities have much work to do to ensure that our citizens are protected from these violent crimes. NCAI has already begun focusing on coordinating the implementation of VAWA. Today is a great day, because it marks the beginning of justice and the end to injustice that has gone unanswered for too long.”
In addition to programmatic support for Native survivors of domestic violence and sexual assault, the law includes constitutionally sound tribal jurisdiction provisions authorizing tribal governments to prosecute non-Indian defendants involved in intimate relationships with Native women and who assault these victims on tribal land. Prior to the enactment of this law, federal laws did not authorize tribal law enforcement or tribal courts to pursue any form of prosecution or justice against these perpetrators.
The legislation was passed in late February by the 113th Congress. Bipartisan support of the Senate version of the legislation, S.47, and the tribal provisions, led to both chambers casting resounding votes of 286 – 138 in the House and 78-22 in the Senate. NCAI released statements of support upon the final House passage of the bill.
Here.
An excerpt:
For American Indians, living nearly invisible lives on archipelagos of native culture, irrational Republican philosophy has been particularly cruel. There are more than 300 reservations throughout the land — nations within a nation, sovereign to a point.
Non-Indians are responsible for most of the domestic violence in Indian country. The tribes can’t prosecute them — without the blessing of Congress — and the distant and detached feds usually won’t. Thus, the need for the change written into the renewed Violence Against Women law.
“We have serial rapists on the reservation,” Charon Asetoyer, a Native rights health advocate in South Dakota, has pointed out, “because they know they can get away with it.”
Oh, but bringing these brutes to justice in the jurisdictions where they commit their crimes would be unconstitutional, says Representative Eric Cantor, the House Majority leader. A jury of Indians, well — they’re incapable of giving a white man a fair trial. Such was the view expressed by Senator Charles Grassley, the mumble-voiced Iowa senator known for his 19th-century insight.
Both men voted against the act, and both are flat-out wrong in their interpretation. The Sixth Amendment guarantees the accused a right to a jury trial in “the state or district” where the crime was committed. It says nothing about ethnicity. The latest census found that almost half of people living on reservations were non-Indians. And more than half of Indian women are married to men who are not tribal members by blood.
Been asked this so here goes. Does the new statute require tribes to guarantee counsel to indigent defendants in special tribal domestic violence prosecutions of non-Indians? Yes, the answer is (as Yoda would say) (and assuming President Obama doesn’t veto).
Here is the new statute, of which section 904(d) reads:
In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the participating tribe shall provide to the defendant—
(1) all applicable rights under this Act;
(2) if a term of imprisonment of any length may be imposed, all rights described in section 202(c);
The section 202(c) to which VAWA references is the current version of the Indian Civil Rights Act requiring tribes that choose to assert expanded sentencing authority to provide counsel to indigent defendants (25 U.S.C. § 1302):
(c) Rights of defendants
In a criminal proceeding in which an Indian tribe, in exercising powers of self-government, imposes a total term of imprisonment of more than 1 year on a defendant, the Indian tribe shall—(1) provide to the defendant the right to effective assistance of counsel at least equal to that guaranteed by the United States Constitution; and(2) at the expense of the tribal government, provide an indigent defendant the assistance of a defense attorney licensed to practice law by any jurisdiction in the United States that applies appropriate professional licensing standards and effectively ensures the competence and professional responsibility of its licensed attorneys;
Contact: Jessica Kershaw (202) 208-6416
WASHINGTON – Secretary of the Interior Ken Salazar and Assistant Secretary – Indian Affairs Kevin K. Washburn today praised the passage of the Violence Against Women Act, which includes important provisions for federally recognized tribal communities, saying it advances the progress the nation has made in combating violence against women by providing greater protections against homicide, rape, assault and battery in the home, workplace and on school campuses across the country.
“By providing stronger protections and greater resources to states and Indian tribes, this legislation will make women and vulnerable populations safer,” Salazar said. “This legislation is especially significant for the First Americans because it closes a gaping legal loophole that prevented the arrest and prosecution of non-Indian men who commit domestic violence against Indian women on federal Indian lands. This historic legislation, which recognizes and affirms inherent tribal jurisdiction over non-Indians in domestic violence cases, will provide much needed tools to tribal justice systems to effectively protect Indian women from abuse.”
“American Indian women experience among the highest domestic violence victimization rates in the country and more than half of all married Indian women have non-Indian husbands,” said Assistant Secretary Washburn. “This legislation provides tools to tribal governments to address the problem of domestic violence much more completely on Indian reservations.”
“I applaud Congress’s reauthorization of the Violence Against Women Act today. Tribal leaders, tribal law enforcement, and tribal courts are all too familiar with this type of violence. It is shameful that for far too long, many American Indian women victims came to accept that there was nothing they could do when their abuser was non-Indian,” said Washburn. “Now, tribal courts have the ability to enforce protection orders again non-Indians, regardless of where the order originated, and to prosecute any individual who stands accused of domestic violence on a federal Indian reservation. American Indian women are now safer with the passage of this law.”
The Senate last week voted for a broadened version of the landmark law, first enacted in 1994, which provides a comprehensive approach to violence against women by combining tough new provisions to hold offenders accountable with programs to provide services for the victims of such violence. The Senate version approved by the House today also enhances protections for other vulnerable populations, such as American Indians and gay, lesbian, bisexual and transgender victims. The bill now goes to the President for his signature.
Navajo President Ben Shelly Praises House Passage of Domestic Violence Bill
Bill affirms tribal sovereignty
WASHINGTON—Navajo Nation President Shelly praised the House for passing the broad bipartisan Senate version of the Violence Against Women Reauthorization Act, by a vote of 286-138, with the tribal provisions intact. The bill now goes to President Obama for his signature.
“Today is a historic day and I commend the House of Representatives for taking a stand to protect all women from crimes of domestic violence. Women should not have to live in fear of violent acts of crime. This bill gives tribal nations the tools to protect Native women. We thank those who advocated vigorously on this important piece of legislation,” President Shelly said.
The bill reauthorizes the Act for the next five years.
Voting in favor of the Senate version of VAWA included the following from the Navajo Nation congressional delegation: Reps. Ben Ray Lujan, D-N.M., Michelle Grisham Lujan, D-N.M., Steve Pearce, R-N.M., and Ann Kirkpatrick, D-Ariz., Voting against the bill was Rep. Jason Chaffetz, R-Utah.
The bill keeps language intact that provides added protections to Native American women from domestic violence crimes on tribal lands, and would allow tribes to prosecute non-Indians in some circumstances where they commit acts of domestic violence against Indians or violate domestic violence related protection orders.
“The Navajo Nation, like any government, should have the right to protect its people. I am encouraged by the bold leadership of our congressional Representatives today in protecting our sovereign rights,” President Shelly added.
Since it is the mission of Turtle Talk to make primary documents available to the Indian law community, here are many of the primary documents we have made available in this long-running political fight to enact what was once known as the SAVE Native Women Act in the Violence against Women Act Reauthorization:
Justice Department Legislative Proposal on Violence Against Native Women
Senate Judiciary Report March 2012
Congressional Research Service Report
Law Professor Letter Defending SAVE Native Women Act’s Constitutionality
House Judiciary Committee Report
Former US Attorneys’ Letter Supporting SAVE Native Women Act
SCIA Written Testimony Nov. 2011
SCIA Written Testimony July 2011
Statement of Administrative Policy on VAWA Reauthorization Act
Other important materials include:
Sen. Cantwell’s speech on the Senate floor (video)
NCAI Policy Insight Brief titled, Statistics on Violence Against Native Women
BeltWayIndian Summary of Tribal Jurisdiction Provisions
Kevin Washburn’s Michigan Law Review article
Brent Leonhard article on Oliphant fix
Harold Monteau Indictment of Congressional Research Service Report Damning SAVE Native Women Act
Political commentary of note includes:
Anderson Law Opposition to Eric Cantor Draft (draft here)
Here.
House Passes Violence Against Women Act
NCAI Praises Passage of Protections for All Women; Tribal Courts Gain Jurisdiction over Non-Indian Domestic Violence Perpetrators
Bill represents major advance for public safety in Indian Country;
Legislation headed to President for Signature
Washington, DC – Today, in a historic vote the House of Representatives passed S.47, the Senate reauthorization of the Violence Against Women Act (VAWA), sending the legislation with the tribal provisions supported by the National Congress of American Indians (NCAI) to President Obama’s desk to be signed into law. NCAI is praising the efforts of the House and the Senate to reauthorize VAWA and the bipartisan support of the Senate version of the legislation in both chambers with resounding votes of 286 – 138 in the House and 78-22 vote in the Senate earlier this month.
“It is with a glad heart and soaring spirit that I celebrate the passage of VAWA. Today the drum of justice beats loud in Indian Country in celebration of the reauthorization of VAWA and we stand in unity with all of our partners and leaders who were unrelenting in support of protections for all women, including Native women,” said Juana Majel Dixon, First Vice President of NCAI, and co-chair of NCAI’s Task Force on Violence Against Women. Juana Majel serves as a Traditional Councilwoman Pauma Band of Mission Indians located within the state of California. “500 plus days is too long to not have a bill for all women in America. For an unimaginable length of time those who have terrorized our women in our most sacred places, in our relationships, in our homes, and on our land, have gone unprosecuted. Now that time has come to an end and justice and security will flourish in these specific instances. We celebrate the protections for all women included in VAWA, including those for Immigrant and LGBT women,” added Juana Majel.
“With this authority, comes a serious responsibility and tribal courts will administer justice with the same level of impartiality that any defendant is afforded in state and federal courts,” said Jefferson Keel, the President of NCAI and Lt. Governor of the Chickasaw Nation, speaking about implementation of the new law. “We have strong tribal courts systems that protect public safety. The law respects tribal sovereignty, and also requires that our courts respect the due process rights of all defendants. My hope is that this new law is rarely used. Our goal isn’t to put people in jail. It is to create an effective deterrent so that our people can lead safe lives in our communities and nations.”
The constitutionally sound tribal jurisdiction provisions in VAWA authorize tribal governments to prosecute non-Indian defendants involved in intimate relationships with Native women and who assault these victims on tribal land. Current federal laws do not authorize tribal law enforcement or tribal courts to pursue any form of prosecution or justice against these perpetrators.
“There were at least five things that came together: an enormous grassroots effort from Indian country; the coalition of the National Task Force to End Domestic Violence; statistics so we could finally show the problem; steadfast leadership from the Department of Justice; and incredible support from so many Members of Congress both Republicans and Democrats,” said Terri Henry, Council Member at Eastern Cherokee and Co-Chair of the NCAI Task Force on Violence Against Women spoke of the large collective effort that led to the passage of the Senate version of VAWA. “We really want to thank everyone for their hard work. Now we are going to use this tool to protect Native women from violence.”
“Women and men – Native and non-Native, Senators and Representatives from all backgrounds, and tribal leaders from across Indian Country have all spoken that these injustices must not continue. We intend to keep speaking from our heart and with the law by our side,” added NCAI’s First Vice President Juana Majel Dixon. “We are thankful that there are strong leaders in both the House and Senate that have stood for the protections of Native women, regardless of party politics.”
“Today marks not the end of our efforts at NCAI to combat domestic violence issues that Indian Country faces but an important step along the way. We will remain as dedicated as we have been since we began addressing this issue as an organization. There have been many members of Congress who have stood with tribal nations throughout this effort and they have stayed true to the constitution, to the trust responsibility, and to the truth that tribal nations are the best to address our situations at the local level. Today we advance the protections tribal nations can provide all people, Native and non-Native,” said Jacqueline Pata, Executive Director of NCAI.
Findings show that 34% of American Indian and Alaska Native women will be raped in their lifetimes* and 39% of American Indian and Alaska Native women will be subjected to violence by an intimate partner in their lifetimes**. According to the U.S. Census Bureau, 46% of people living on reservations in 2010 were non-Natives (single race) and 59% of American Indian women in 2010 were married to non-Native men***.
The NCAI Task Force on Violence Against Women was established in 2000 and has been working for thirteen years to protect the lives of Native American women and create more secure tribal communities.
* Tjaden, P., & Thoennes, N. (2000). Findings from the National Violence against Women Survey.
** Centers for Disease Control. (2008). Adverse health conditions and health risk behaviors associated with intimate partner violence.
***US Census Bureau, Census 2010.
About The National Congress of American Indians (NCAI):
Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information visit www.ncai.org
Today, by a vote of 286 to 138 (update: vote link), the U.S. House of Representatives passed S. 47, the Violence Against Women Reauthorization Act of 2013. Because the U.S. Senate, by a vote of 78 to 22, passed the same VAWA reauthorization bill on February 12, it will now be presented to the President for his signature.
A copy of S. 47, as passed by both chambers of Congress, can be found at this link.
DOJ started all this, and here is the original proposal:
Justice Department Legislative Proposal on Violence Against Native Women
Turtle Talk 
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