IACHR Hearing on Violence Against Native Women

International Commission Holds Historic Hearing on Violence Against Native Women in the U.S.– U.S. Officials and Native Advocates Agree Violence Must End

Terri Henry testifies before the Commission

November 04, 2011 (Washington, DC) — During an historic hearing dedicated to their missing and murdered Native sisters throughout the Americas, Native women and tribal advocates resorted to an international human rights body to raise global awareness on the epidemic of violence against Native women in the United States.  Representatives of the United States appearing at the hearing admitted that the level of violence against Native women is “an assault on the national conscience.”

“The right to be safe and live free from violence is a fundamental human right that many take for granted—but not Native women in the United States,” said Jana Walker, Director of the Safe Women, Strong Nations Project at the Indian Law Resource Center.  “Through this unprecedented hearing—the first of its kind—the Inter-American Commission on Human Rights has made it clear that others in the world are now focusing on this crisis too.”

The October 25, 2011, thematic hearing before the Inter-American Commission on Human Rights,an autonomous organ of the Organization of American States (OAS) created by countries to protect human rights in the Americas, was the first ever to focus specifically on violence against Native women in the United States.  The Commission, located in Washington, D.C., took testimony during an hour-long hearing from representatives of the Indian Law Resource Center, National Congress of American Indians Task Force on Violence Against Women, Eastern Band of Cherokee Indians, Clan Star, Inc., and the National Indigenous Women’s Resource Center, Inc.

A Human Rights Crisis

The epidemic of violence against Native women in the United States is a human rights crisis that Indian country has been aware of for far too long.  “It was imperative for this panel to make clear to the Commission how systemic legal barriers in U.S. law and chronic lack of enforcement is allowing rapists and batterers to commit crimes against Native women without fear of punishment whatsoever,” noted Juana Majel Dixon, First Vice President of the National Congress of American Indians and Co-Chair of the NCAI Task Force on Violence Against Women.

According to U.S. Department of Justice statistics, 1 out of 3 Native women will be raped in her lifetime and 3 out of 5 will be physically assaulted, while their offenders escape prosecution under the color of discriminatory United States law.  In this human rights crisis, Native women are murdered at rates 10 times the national average, and subjected to domestic violence and assault at staggering rates — rates 2½ times higher than any other group in the United States.

These distressing statistics are linked to systemic barriers imposed by United States law—barriers that prevent Indian nations from effectively safeguarding their citizens and adequately responding to crimes.  Unlike local communities or state governments, Indian nations and Alaska Native villages are legally prohibited from prosecuting non-Indians.  Furthermore, federal law has greatly restricted the sentencing authority of tribal courts for offenders committing acts of sexual and domestic violence that occur within tribal lands and communities.

In effect, United States law condones violence in Indian country and Alaska Native villages, where 88% of the violent crimes against Native women are committed by non-Indian perpetrators.  Very few of these Native women have access to meaningful justice and ever see their assailants prosecuted.  According to a recent United States Government Accountability Office study, U.S. attorneys failed to prosecute 52% of all violent criminal cases, including 67% of sexual abuse cases and 46% of assault cases occurring on Indian lands.

“In most non-Indian communities in the United States, county or city governments have, by and large, unquestionable authority to investigate and prosecute both misdemeanor and felony crimes committed against women,” testified Dorma Sahneyah, Vice Chairperson for the National Indigenous Women’s Resource Center and Executive Director of the Hopi Tewa Women’s Coalition to End Abuse.  “United States law has left Tribal governments with inadequate legal authority to protect its citizens, allowing perpetrators to prey on Native women with impunity.”

Lisa Brunner, Executive Director of the Sacred Spirits First Nation Coalition, described the devastating impacts of Public Law 280 on the safety of Native women and tribal justice systems.  “Many young Native girls and their mothers are forced to plan for a rape and how they will respond,” testified Brunner.  She described one pre-rape decision by a 14-year-old girl and her mother to not report the event when it happens for fear that nothing would be done and it would cause problems for their family.  “When the issue within Native communities becomes a matter of preparing your daughter to be raped, the United States has failed in its federal trust responsibilities to our tribes.”

Recommendations to Improve Safety for Native Women in the U.S.

The Native women and tribal advocates concluded by urging the Commission to issue strong recommendations  to the United States with respect to its obligations to Native women under international human rights law.  Terri Henry, Co-Chair of the National Congress of American Indians Task Force on Violence Against Native Women and a Tribal Council Representative for the Eastern Band of Cherokee Indians, detailed the following recommendations targeted at the United States:

• enact legislation that contains the Department of Justice’s legislative proposal to restore criminal authority of Indian Nations to prosecute non-Indian perpetrators on dating and domestic violence;
• fully fund and implement the Tribal Law and Order Act, particularly as to bolstering capacity to exercise enhanced sentencing authority, ensuring federal prosecutors share information on declamations of Indian country cases, and providing training and cooperation among the tribal state and federal agencies;
• launch a national initiative and consultation within Indian nations to examine and implement reforms to increase the safety of Native women living within tribal lands under concurrent tribal, state, and jurisdictional authority of Public Law 280;
• increase federal technical and financial support to Indian nations to enhance their responses to violence against Native women;
• create a grant program to provide sufficient federal support to non-profit government Native women’s organizations to provide effective services including shelters, transitional housing, and rape crisis centers;
• incorporate tribal specific provisions in sex trafficking legislation, ensure Native women are prioritized in research on sex trafficking, and provide adequate resources and training for justice officials on how to respond to sex trafficking of Native women;
• develop a national protocol and reporting system for handling and monitoring cases of murdered and missing Native women; and
• create a forum for dialogue collaborating and cooperating among tribal, federal, and state courts on the issue of violence against Native women.

Henry also urged the Commission to conduct site visits to Indian nations throughout the United States to further investigate these ongoing human rights violations against Native women and its implications for U.S. international human rights obligations.  Additionally, Henry asked the Commission to issue a special report or country report on how the United States, in consultation and collaboration with tribes, could better protect the human rights of Native women.  The panel of advocates also urged the Commission to include information related to this hearing in its press release on the 143rd Ordinary Period of Sessions and in its Annual Report to the Organization of American States General Assembly.

Representatives of the United States appearing at the hearing acknowledged that much more needs to be done to protect Native women.  Virginia Davis, U.S. Department of Justice, explained that, for many reasons, the current legal structure for prosecuting crimes of violence against women in Indian country is just not working.  The Department of Justice and the Department of the Interior are recommending legislation and refinement to existing laws to better protect Native women, and both Departments support the reauthorization of the Violence Against Women Act and proposed amendments.  Jodi Gillette, U.S. Department of the Interior, echoed Ms. Davis’ comments, adding that the goal is to move towards a system that will eliminate the devastating problem of violence against Native women.

Taking Action—Next Steps

The Violence Against Women Act is up for reauthorization in the U.S. Congress and, since the thematic hearing, on October 31, 2011, Chairman Daniel Akaka of the Senate Committee on Indian Affairs introduced S.1793, the Stand Against Violence and Empower Native Women (SAVE Native Women) Act.   Given the epidemic of violence against Native women, it is crucial that the United States do something quickly to restore safety and justice for Native women and to strengthen Native nations and communities.

For more information about the Violence Against Women Act, the SAVE Native Women Act, and to view or read about the thematic hearing on violence against Native women click “Updates and News.“

For more information contact:
Jana L. Walker
(406) 449-2006
email: jwalker@indianlaw.org

GAO Issues Indian Health Service Sexual Assault Readiness Report

INDIAN HEALTH  SERVICE  Continued Efforts  Needed to Help  Strengthen Response  to Sexual Assaults and  Domestic Violence

In response to a Tribal Law and Order Act of 2010 mandate, GAO examined (1) the ability of Indian Health Service (IHS) and tribally operated hospitals to collect and preserve medical forensic evidence involving cases of sexual assault and domestic violence, as needed for criminal prosecution; (2) what challenges, if any, these hospitals face in collecting and preserving such evidence; and (3) what factors besides medical forensic evidence contribute to a decision to prosecute such cases. GAO surveyed all 45 IHS and tribally operated hospitals and interviewed IHS and law enforcement officials and prosecutors.

What GAO Recommends
GAO is making five recommendations aimed at improving IHS’s response to sexual assault and domestic violence, including to develop an implementation and monitoring plan for its new sexual assault policy and to modify sections of
the policy regarding required training and subpoenas or requests to testify. The Department of Health and Human Services and the state of Alaska generally agreed with GAO’s findings and recommendations.  For more information, contact Carolyn L. Yocom at (202) 512-7114 or yocomc@gao.gov.

To improve or expand medical forensic exams and related activities for the 28 IHS operated hospitals, we recommend that the Secretary of Health and Human Services direct the Director of the Indian Health Service to take the following five actions:

Recommendations for Executive Action

• Develop an implementation plan for the March 2011 IHS sexual assault policy (Indian Health Manual, chapter 3.29)—and monitor its progress—to clarify how the agency will support its hospitals and staff in fulfilling the policy, in particular, that the hospitals or staff:

• obtain training and certification in providing forensic medical exams;
• obtain equipment like cameras needed to collect evidence;
• provide medical forensic exams on site or at a referral facility within 2 hours of a patient’s arrival; and
• collaborate with law enforcement agencies, prosecution, and other stakeholders identified in the policy with the objective of creating sexual assault response teams and obtaining regular feedback from such stakeholders on evidence collection and preservation.
• Develop a policy that details how IHS should respond to discrete incidents of domestic violence without a sexual component and, working with Justice, develop a policy for responding to incidents of child sexual abuse consistent with protocols Justice develops for these incidents; such policies should be similar in scope and specificity to the March 2011 IHS policy on responding to adult and adolescent sexual assaults.
• Clarify whether sections 3.29.1 and 3.29.5 of the March 2011 IHS sexual assault policy call for training and certification, or only training, of IHS physicians and physician assistants performing sexual assault medical forensic exams.
• Modify the March 2011 IHS sexual assault policy so that it comprehensively and clearly outlines (1) the process for approving subpoenas and requests for IHS employees to provide testimony in federal, state, and tribal courts and (2) reflects the provisions in section 263 of the Tribal Law and Order Act of 2010, including that subpoenas and requests not approved or disapproved within 30 days are considered approved.
• Explore ways to structure medical forensic activities within IHS facilities so that these activities come under an individual’s normal duties or unit’s official area of responsibility, in part to ensure that providers are compensated for performing medical forensic services.

Tribal Judge’s Sexual Assault Bench Book and Bench Card

Tribal Legal Code Resource: Tribal Judge’s Sexual Assault Bench Book and Bench Card was developed by the Tribal Law and Policy Institute in cooperation with the Office on Violence Against Women as a resource for tribal judges who hear sexual assault cases in tribal courts. It provides background information on important sexual assault and tribal jurisdictional issues, as well as providing guidance in handling key issues at various stages of a sexual assault criminal trial.

This Bench Book provides tribal judges with key legal and technical information specifically related to criminal sexual assault actions. It provides essential information on the common responses of sexual assault victims, as well as common characteristics of rapists. Additionally, many of the key issues in a sexual assault trial are discussed, including common evidentiary issues, procedural considerations and sentencing considerations. This Bench Book helps a judge navigate a sexual assault action in tribal court.

In addition, this Bench Book provides helpful information to tribal judges who face a sexual assault, charged as part of another crime. This may happen when the tribe has an inadequate sexual assault criminal law, or no law at all, or there is insufficient evidence to prove sexual assault and another crime is charged. Therefore, it is common in tribal courts for sexual assault to be prosecuted as other crimes, such as simple assault, and it is important for a tribal judge to be alert when this situation occurs.

Responding with an understanding of sexual assault victims and perpetrators is useful regardless of the charge. Using evidence, court rules, as well as other trial considerations in this Bench Book, which provide protection to complainants, are helpful in all cases involving sexual assault, regardless of the criminal charge.

The Bench Card (located in the Appendix) is a concise checklist of items which may be considered in a case involving sexual assault. It is something that can be easily copied for use during a trial. Each item in the Bench Card is discussed in more detail in the Bench Book.

OVC FY 2011 American Indian and Alaska Native SANE-SART Program

OVC FY 11 American Indian and Alaska Native SANE-SART Program  – Three awards of up to $108,000 each will be awarded to federally recognized Indian tribal governments and American Indian and Alaska Native (AI/AN) organizations to enhance AI/AN communities’ capacity to provide effective and sustainable high-quality, victim-centered, multidisciplinary services and support for adult and child victims of sexual assault, and to ensure conformance to the Victims of Crime Act. Funding will be awarded to three diverse sites—one that is under the jurisdiction of Public Law 280, one that is not under the jurisdiction of Public Law 280, and an Alaska Native Village. This program will be conducted in two phases; this solicitation is for Phase I only. Registration with Grants.gov is required prior to application submission. Those applying are strongly advised to begin the application process well in advance of the June 14, 2011, deadline.

2011 Application Process For Public Safety Funding For Tribal Communities

2011 Application Process For Public Safety Funding For Tribal Communities – The Department of Justice today announced that it is accepting applications from American Indian and Alaska Native tribal communities for funding to improve public safety in Indian country. The Justice Department’s grant-making components have created a streamlined approach for American Indian and Alaska Native tribal communities to apply for Fiscal Year (FY) 2011 funding opportunities. The Coordinated Tribal Assistance Solicitation (CTAS) will serve as a single solicitation for existing tribal government-specific grant programs administered by the Office of Justice Programs (OJP), the Office of Community Oriented Policing Services (COPS) and the Office on Violence Against Women (OVW). The CTAS grant-application process was inspired by and developed after consultation with tribal leaders, including sessions at the department’s Tribal Nations Listening Session in 2009, and has been updated based on continued tribal consultations and listening sessions. The FY 2011 solicitation includes revisions that will improve the award and application process, including a 90-day application period, closing April 21, 2011.  Awards will be based upon available funding for FY 2011 and can be used to enhance law enforcement, bolster justice systems, prevent youth substance abuse, serve sexual assault and elder abuse victims, and support other efforts to combat crimes.  Last year, CTAS provided more than $127 million to American Indian and Alaska Native tribal communities nationwide.

Call for Presentations – 12th National Indian Nations Conference

12^th National Indian Nations Conference: Justice for Victims of Crime
“Walking in Harmony: Honoring Victim Voices to Achieve Safety, Justice, and Healing”

 December 9-11, 2010
Renaissance Palm Springs Hotel, Palms Springs, California
Pre-Conference Institutes will be held on December 8, 2010 

CALL FOR PRESENTATIONS

Workshop Submission for the 12^th National Indian Nations Conference is Open!

 Online Workshop Submission please visit http://ovcinc.org/cp.aspx

  12^th National Indian Nations Conference Goals:

• Honoring and Listening to Victim/Survivor Voices
• Promoting Safety, Justice, and Healing
• Promoting Traditional Values and Incorporating Traditional Skills in Crime Victim Services
• Supporting and Educating Tribal Leaders
• Honoring Wisdom of the Past
• Working in Harmony
• Sustaining our Legacy
• Healing the Elders