Violence Against Women Act reauthorization

VAWA Bill Set for Vote on Monday, NCAI Press Release

February 9, 2013June 6, 2013Victoria Sweet

The official NCAI Press Release Here.

Senator Coburn has filed an amendment to strip the tribal provisions from VAWA. Here

Letter from NCAI Task Force co-chairs expressing opposition to amendments like the Coburn Amendment Here

Excerpt from the letter:

The NCAI Task Force on Violence Against Women is extremely concerned that misunderstandings of the political status of Indian tribes and the internal workings of the tribal court system are causing confusion on how this provision will work on the ground. Indian tribes are not a racial class, they are a political body – so the question is not whether non-Indians are subject to Indian court – the question is whether tribal governments, political entities, have the necessary jurisdiction to provide their citizens with the

public safety protections every government has the inherent duty to provide.

Amendments which place more funding in the hands of federal authorities will not address this immediate local need. We believe strongly that local government is the best government for addressing public safety concerns. For example, an amendment is being offered today which would require that tribal governments petition a U.S. District Court for an “appropriately tailored protection order excluding any persons from areas within the Indian country of the tribe.” This level of procedure for an intimately local issue is not practical and will do little to improve matters on Indian reservations. Tribal courts are the appropriate venue to issue such protection orders.

Two-Spirit Groups Endorse Including Native Women in VAWA Re-Authorization

December 18, 2012Adrea Korthase

ICT published the press release from the groups here.

Partisanship and the VAWA

March 20, 2012Adrea Korthase

The article from Salon is here.

Although from last year, this Slate article on partisanship seems like a nice accompaniment.

Fletcher at ACSBlog on the DOJ Legislative Proposal to Combat Violence against Indian Women

August 5, 2011August 4, 2011Matthew L.M. Fletcher

Here is the link to the post, titled “DOJ Takes Step Toward Addressing Violent Crime Against American Indian Women.”

An excerpt:

The United States Department of Justice (DOJ) has, for the first time, proposed a dramatic expansion of American Indian tribal criminal jurisdiction in its recommendations to Congress on the reauthorization of the Violence against Women Act. After decades of declining to support expanded tribal criminal jurisdiction, this proposal is a major watershed in the fight against Indian country crime. DOJ finally supports the reaffirmation of at least limited authority to prosecute such crime by the first responders in Indian country – Indian tribes.

In its narrative proposal (available here), DOJ acknowledges the epidemic of violence against American Indian women occurring daily in the United States, and especially in Indian country. Recent studies by university researchers and Amnesty International, among others, conclude that American Indian women suffer possibly the highest rates of violent crime – most notably, sexual assaults – of any demographic in the United States.

The proposal is a limited one, given the political climate, but symbolically important. It recognizes inherent tribal jurisdiction to enforce civil protection orders against all persons, Indian and non-Indian, an open question in current law. It also recognizes limited tribal criminal jurisdiction authority over non-Indians who commit domestic violence-related crimes. Sexual assaults are not included in the proposal. Despite these limitations, DOJ’s recommendations – coming on the heels of 2010’s Tribal Law and Order Act, which was the first significant expansion of tribal sentencing authority since 1986 – may pave the way toward greater ability of Indian tribes to respond to violent crime against Indian women in the future.

Forbes Article on DOJ Plan to Expand Prosecutorial Authority in Indian Country

July 25, 2011Matthew L.M. Fletcher1 Comment

Here.

An excerpt:

Lorena Halwood, who works with domestic violence victims on the Navajo Nation, said family abuse violates not only the law but the traditional Navajo way of life, which preaches harmony and talking with one another to mitigate problems. She stood with others in the Navajo Nation’s capital this week, asking tribal lawmakers to support legislation that would specifically criminalize domestic violence for the first time on the reservation.

“A lot of the victims have come to accept there’s nothing anybody can do,” she said.

Halwood’s work with domestic violence spans 16 years, creating a network of safe houses for victims awaiting transport to one of two shelters on the 27,000-square-mile reservation, the size of West Virginia. She’s seen broken jaws and noses, sexual assault and rape cases, and has made 2 a.m. visits to the emergency room.

Tribal police often are late in arriving to the scene because of the remoteness of the reservation. Halwood said women’s in-laws often blame them for the abuse, and women find it difficult to leave without transportation or a support system.

She welcomed any change that would make offenders realize they’re not getting off with what she says commonly is a slap on the wrist and a warning not to hit a woman again.

“If we have harsher penalties, stiffer sentences, then maybe they’ll see `I’m not supposed to be doing this. The next time I might spend more time in jail away from my family, my children,'” she said.