Save Native Women -Prosecute Violent Crimes Against Them

[admin]

Turtle Island Native Network
http://www.turtleisland.org

Statement on the Violence Against Women Act Reauthorization of 2011

Thu, April 26, 2012

Washington D.C. - U.S. Senator Daniel K. Akaka (D-Hawaii), Chairman of the Indian Affairs Committee, delivered the following statement on the Senate floor today:

I rise today in support of S. 1925, the Violence Against Women Act Reauthorization of 2011.

Since its enactment in 1994, the Violence Against Women Act (VAWA) has enhanced the investigation and prosecution of incidents of domestic and sexual violence, and provided critical services to victims and their advocates in court. It has truly been a lifeline for women across the country, regardless of location, race, or socio-economic status.

For these reasons, VAWA's two prior reauthorizations were overwhelmingly bipartisan. This year, however, a number of my colleagues are opposing the Violence Against Women Act Reauthorization because they object to, among other things, the authority that it restores to Native American tribes to prosecute those who commit violent crimes against Native women.

akaka.gif (108.72 KiB) Viewed 871 times

This bill's tribal provisions address the epidemic rates of violence against Native women -- by enabling VAWA programs to more directly and promptly respond to their concerns and needs. These tribal provisions are critical to the lives of Native women and doubly important to me as Chairman of the Senate Committee on Indian Affairs -- and a Native Hawaiian.

Native women are two-and-a-half times more likely than other U.S. women to be battered or raped. These are extremely disturbing statistics: Thirty four percent of Native women will be raped in their lifetimes, and thirty nine percent will suffer domestic violence. That's more than one out of every three Native women. We must come together to put a stop to this.

Last summer, I chaired an oversight hearing entitled: "Native Women -- Protecting, Shielding, and Safeguarding Our Sisters, Mothers, and Daughters." I heard the heartbreaking stories that lie behind the grim and troubling statistics on violence against American Indian, Alaska Native, and Native Hawaiian women.

My committee heard from the Chief of the Catawba Nation, who gave a moving account of his experience growing up with domestic violence and the impact it had on the women and children in his community. He also spoke of the importance of reauthorizing VAWA.

We heard from officials who described how existing laws are failing Native women. We heard, for example, that women in tribal communities live in a confusing and dangerous jurisdictional maze - in which the absence of clear lines of authority often leads to offenders, many of whom are non-Native men, escaping investigation and prosecution, to say nothing of punishment. This outrageous and unacceptable situation has led to repeated offenses against Native women that too often spiral into violence with tragic consequences for the women, their children, and their communities.

My committee also heard that Native women are being increasingly targeted by the sex-trafficking industry and that many have, according to police reports from tribal communities across the country, simply vanished into this terrible underworld.

A draft bill to address violence against Native women was circulated to a wide range of stakeholders for feedback. This led to strengthened provisions in the draft bill, which I introduced as S. 1763, the Stand Against Violence and Empower Native Women Act, also known as the SAVE Native Women Act, in October. The Senate Committee on Indian Affairs held a legislative hearing on my bill the following month, and then reported it out of the committee in December.

Since then, I have worked closely with my good friend and colleague, Senator Leahy, Chairman of the Judiciary Committee, as he developed S. 1925, which now includes the SAVE Native Women Act.

S. 1925's tribal provisions empower tribal courts to prosecute crimes of domestic violence, dating violence, or violations of protection orders, regardless of the race of the alleged abuser. This bill also strengthens research and programs to address sex trafficking.

Since VAWA was enacted eighteen years ago, and reauthorized twice since then, a hallmark of the law is that it has expanded its protections to classes of once neglected victims. Accordingly, S. 1925's tribal provisions are consistent with VAWA's history, as well as its intent and purpose, which past Congresses have embraced.

Last week, fifty law professors from leading institutions across the country sent a letter to Congress expressing their "full confidence in the constitutionality of the legislation, and in its necessity to protect the safety of Native women." And, just this week, the White House released a Statement of Administration Policy stating that it "strongly supports" these provisions, which will "bring justice to Native American victims."

I commend Chairman Leahy for his dedicated leadership in developing this bill. He has truly worked in the spirit of aloha by partnering with the Indian Affairs Committee and other offices to craft a VAWA reauthorization bill that reasserts VAWA's intent, purpose, and history. I would also like to say mahalo-thank you-to each of this bill's other bipartisan cosponsors."

As we all know, domestic and sexual violence continues to occur, and far too many women across the country are victims of these horrible acts. We have heard from victims, from service-providers, and from law enforcement that these crimes can leave victims with lasting emotional and physical scars, while endangering their security, their families, and their lives. This bill will strengthen the Violence Against Women Act and extend its protections to include Native women that are underserved in the current system.

This is not an issue that should divide us along partisan lines. On the contrary, it should unite us to take a stand against these awful crimes. I urge you to join me and the rest of S. 1925's co-sponsors to protect our sisters, mothers, and daughters and pass this bill.

Video of Senator Akaka's floor statement is available here:
http://www.c-spanvideo.org/videoLibrary ... =601605560

-END-

[admin]

ACTION ALERT
July 20, 2012

vawa> VIOLENCE AGAINST WOMEN ACT | Urgent Call for Letters

This week, Senator Patty Murray's (D-WA) office put out an urgent call to Indian Country for letters from victims of domestic violence. Specifically, the Senator's office is requesting letters from victims of domestic assaults as well as letters from tribal prosecutors or other law enforcement regarding this issue.

Senator Murray is a strong supporter for S. 1925, the Senate version of the Violence Against Women Act (VAWA) Reauthorization, and recognizes the difficulty in providing firsthand accounts of domestic assault. However, the fight for a VAWA Reauthorization that empowers Indian tribes to protect their citizens is not over. Tribal members must rally and send a clear message to Congress:

Non-Indian perpetrators of domestic violence against Native women that have significant ties within tribal communities should be subject to the jurisdiction of tribal courts, where those tribal courts are committed to provide due process consistent with the United States' Bill of Rights.

In many instances, non-Indian offenders live in tribal communities. Tribal members know who they are, but tribes simply do not have the authority to hold them accountable through their justice systems. The importance of letters from ordinary tribal members, or tribal prosecutors, is critical to helping Indian Country protect its victims.

Please send any letters to Shawn Bills, Office of Senator Patty Murray, at: shawn_bills@murray.senate.gov. Letters may be anonymous, but the Senator has asked that letters include your tribal affiliation. Also, please share this broadcast with your tribal prosecutor's office. Thank you for your time and efforts. If you have any further questions, please contact John Dossett, NCAI General Counsel, at jdossett@ncai.org or (202) 466-7767.

- - -
On this issue, Amnesty International says . . .
Don't Let Congress Gut the Violence Against Women Act
Take Action On This Issue

The U.S. Congress just voted to reauthorize the Violence Against Women Act (VAWA) -- a key piece of legislation that aims to protect women in the U.S. from terrible acts of violence and exploitation.

But the House version of the bill strips critical parts of the legislation -- to protect Native American women, LGBT people and immigrant women in particular – and leaves these communities at continued risk of abuse. We strongly support women's human rights and the Violence Against Women Act. As Congress works to reconcile the two versions of VAWA, help us ensure that we have a strong bill that protects ALL women.

Native American and Alaskan native women face domestic and sexual violence at epidemic proportions -- and Amnesty has worked on researching this human rights crisis for years. One in three Native women will be raped in her lifetime. Two in five suffer from domestic violence. The Violence Against Women Act would be tragically weakened if it doesn't include protections for Native women, who endure such extremely disproportionate rates of violence.

Don't let Congress kick Native American, LGBT people and immigrant women to the curb. Demand that Congress protect ALL women by supporting the reauthorization of an inclusive Violence Against Women Act today!
http://takeaction.amnestyusa.org/siteap ... aid=517286

Native American and Alaska Native women in the United States face domestic and sexual violence at epidemic proportions. According to a 2004 report by the Department of Justice, two-in-five women in Native communities will suffer domestic violence and one-in-three Native women will be raped in their lifetime. Even more shocking, four out of five perpetrators are non-Indian, and currently cannot be prosecuted by tribal governments. These statistics are evidence of a broken system where survivors find themselves in a maze of protocols and convoluted jurisdictions that often deny justice to survivors.

On October 31, 2011, Senator Daniel Akaka took a step forward to protecting Native women from violence by introducing the Stand Against Violence and Empower (SAVE) Native Women Act. In the House, the SAVE Native Women Act (H.R. 4154) was introduced by Rep. Dan Boren on March 7, 2012. The SAVE Native Women Act is a long-awaited step in the right direction to protecting Native women and restoring the authority of tribal governments to hold perpetrators accountable for their crimes.

The majority of provisions in the SAVE Native Women Act were included in the Senate version of the Violence against Women Act (VAWA) but were stripped out in the House version along with protections for LGBT people and immigrant women.

Passage of an inclusive VAWA would help address violence against women throughout the U.S. and would also specifically help address violence against Native women by taking steps to adding provisions to address sex trafficking. It would clarify tribal civil jurisdiction to issue and enforce protection orders, strengthen tribal coalition programs, and help restore the authority of tribal governments to hold perpetrators, including non-Native perpetrators, accountable for crimes of domestic violence.

This is a further step in the path towards restoring safety to Native women and communities. Reauthorizing an inclusive VAWA would help end the epidemic levels of violence faced by Native American and Alaska Native women and allow them the access to justice they deserve. Please cosponsor the SAVE Native Women Act and support passage of VAWA reauthorization with the SAVE Native Women, LGBT and immigration provisions included.

Maze of Injustice
A Summary of Amnesty International's Findings

Sexual violence against Indigenous women in the USA is widespread. According to US government statistics, Native American and Alaska Native women are more than 2.5 times more likely to be raped or sexually assaulted than other women in the USA. Some Indigenous women interviewed by Amnesty International said they didn't know anyone in their community who had not experienced sexual violence. Though rape is always an act of violence, there is evidence that Indigenous women are more likely than other women to suffer additional violence at the hands of their attackers. According to the US Department of Justice, in at least 86 per cent of the reported cases of rape or sexual assault against American Indian and Alaska Native women, survivors report that the perpetrators are non-Native men.

Sexual violence against Indigenous women is the result of a number of factors and continues a history of widespread human rights abuses against Indigenous peoples in the USA. Historically, Indigenous women were raped by settlers and soldiers, including during the Trail of Tears and the Long Walk. Such attacks were not random or individual; they were tools of conquest and colonization. The attitudes towards Indigenous peoples that underpin such human rights abuses continue to be present in in the USA today. They contribute to the present high rates of sexual violence perpetrated against Indigenous women and help to shield their attackers from justice. They also reflect a broader societal norm that devalues women and girls and creates power dynamics that enable sexual violence against women of all backgrounds.
A Complex Relationship between the U.S. and Tribal Governments

Treaties, the US Constitution and federal law affirm a unique political and legal relationship between federally recognized tribal nations and the federal government. There are more than 550 federally recognized American Indian and Alaska Native tribes in the USA. Federally recognized Indian tribes are sovereign under US law, with jurisdiction over their citizens and land. They maintain government-to-government relationships with each other and with the US federal government. The federal government has a unique legal relationship to the tribal nations that includes a trust responsibility to assist tribal governments in safeguarding the lives of Indian women. This federal trust responsibility is set out in treaties between tribal nations and the federal government, further solidified in federal law, federal court decisions and policy.


Issues of Jurisdiction

The federal government has created a complex interrelation between federal, state and tribal jurisdictions that undermines tribal authority and often allows perpetrators to evade justice. Tribal governments are hampered by a complex set of laws and regulations created by the federal government that make it difficult, if not impossible, to respond to sexual assault in an effective manner.

Women who come forward to report sexual violence are caught in a jurisdictional maze that federal, state and tribal police often cannot quickly sort out. Three justice systems -- tribal, state and federal -- are potentially involved in responding to sexual violence against Indigenous women. Three main factors determine which of these justice systems has authority to prosecute such crimes:

whether the victim is a member of a federally recognized tribe or not;
whether the accused is a member of a federally recognized tribe or not; and
whether the offence took place on tribal land or not.

The answers to these questions are often not self-evident and there can be significant delays while police, lawyers and courts establish who has jurisdiction over a particular crime. The result can be such confusion and uncertainty that no one intervenes, and survivors of sexual violence are denied access to justice.
Barriers to Justice

Tribal law enforcement agencies are also chronically under-funded – federal and state governments provide significantly fewer resources for law enforcement on tribal land than are provided for comparable non-Native communities. The lack of appropriate training in all police forces -- federal, state and tribal -- also undermines survivors' right to justice. Many officers don't have the skills to ensure a full and accurate crime report. Survivors of sexual violence are not guaranteed access to adequate and timely sexual assault forensic examinations, which is caused in part by the federal government's severe under-funding of the Indian Health Service.

Tribal prosecutors cannot prosecute crimes committed by non-Native perpetrators. Tribal courts are also prohibited from passing custodial sentences that are in keeping with the seriousness of the crimes of rape or other forms of sexual violence. As a direct result of passage of the Tribal Law and Order Act, the maximum prison sentence tribal courts can now impose for any crimes, including rape, is three years, up from the previous maximum of one year. In comparison, the average prison sentence for rape handed down by state or federal courts is between eight years and eight months and 12 years and 10 months respectively.

As a consequence, Indigenous women are denied justice. And the perpetrators are going unpunished.

In failing to protect Indigenous women from sexual violence, the US is violating these women's human rights. Indigenous women's organizations and tribal authorities have brought forward concrete proposals to help stop sexual violence against Indigenous women. While passage of the Tribal Law and Order Act is a concrete step in the right direction, much more remains to be done.

Amnesty International is calling on the US government to take the necessary steps to end sexual violence against American Indian and Alaska Native women:

Ensure the full implementation, funding and resources for the Tribal Law and Order Act
Work in collaboration with American Indian and Alaska Native women to obtain a clear and accurate understanding about the prevalence and nature of sexual violence against Indigenous women;
Ensure that American Indian and Alaska Native women have access to adequate and timely sexual assault forensic examinations without charge to the survivor.
Provide resources to Indian tribes for additional criminal justice and victim services to respond to crimes of sexual violence against Native American and Alaska Native women. http://www.amnestyusa.org/pdfs/mazeofinjustice.pdf