 Senator Carol Juneau, Governor Brian Schweitzer, and other supporters and advocates celebrate the passage of the resolution. State of Montana photo. |
HELENA, Montana - The Montana State Legislature passed a resolution aimed at protecting Montana's 27,529 American Indian and Alaska Native women living both on and off reservations. The resolution, introduced by Senator Carol Juneau (D-Browning), takes aim at the staggering national statistics confirming that Native women are far more likely to be raped or sexually assaulted than any other segment of the population.
| Tribes, Legal Experts Propose Legislative Fix to Oliphant In January, the Blackfeet Tribal Business Council called on Montana's Congressional delegation to sponsor a bill to reverse the Supreme Court's 1978 decision in Oliphant v. Suquamish. The Court in Oliphant stripped tribes of criminal jurisdiction over non-Indians committing offenses on Indian lands. The Oliphant decision has contributed to escalating rates of violence on Indian lands because most non-Indians are never brought to justice for crimes they commit on Indian lands and tribes do not have the power to remedy the situation. As a result, violent crimes against Indians outnumber those against any other group. Indian women, in particular, have suffered under this legal framework as one in three Indian women will be raped in her lifetime and four out of five will experience a violent assault. Congress has the power to end the increasing crime rate in Indian Country by authorizing tribes to exercise criminal jurisdiction over all persons who commit crimes within Indian Country. The Blackfeet Tribal Business Council has asked Congress to do just that in Tribal Resolution No. 98-2009
The American Constitution Society for Law and Policy distributed Fletcher's brief. |
Juneau says the resolution provides formal recognition by Montana's Legislature about the importance of stopping domestic and sexual violence and providing resources and justice for all victims. "More importantly," says Juneau, "it announces a legislative commitment to take action and find solutions to end this violence." She and other champions of the resolution are pushing the Legislature to call on the U.S. Department of Justice, Montana's congressional delegation -- Senators Max Baucus and John Tester, and Congressman Denny Rehberg -- and a host of state, local and tribal government agencies to support policies that ensure access to adequate and timely services for victims and adequate resources for prevention and intervention services to respond these crimes. They also want to ensure the federal government meets and makes a high priority its critical responsibility to investigate and prosecute violent crime on Indian reservations.
Full text of Montana's resolution
Great Falls Tribune: Legislators honor Native American women By Travis Coleman | 12-April-09
U.S. SENATE, HOUSE CONSIDER TRIBAL LAW and ORDER BILL
Members of the United States Senate have also responded to the horrific rates of violence against Native women by including special provisions on domestic and sexual violence in proposed legislation. The Tribal Law and Order Bill, which the National Congress of American Indians recently identified as one of its legislative priorities for the 111th Congress, specifically addresses violence against Native women. In general, the Tribal Law and Order Bill will increase tribal law enforcement and sentencing authority, and includes accountability measures for federal agencies responsible for providing law enforcement on Indian lands. The Bill protects Native women from violence by requiring United States officials to notify tribal officials and ensure registry with the tribal registry when a sex offender is released onto Indian lands from federal custody. It also seeks to increase the prosecution of sexual violence crimes in Indian country by mandating specialized family violence training for law enforcement officials and prosecutors. A bipartisan group of lawmakers introduced the Tribal Law and Order Bill in the Senate and House in April.
Track progress on the Tribal Law and Order Bill
NPR Weekend Edition: Lawmakers Move To Curb Rape On Native Lands by Laura Sullivan | 3-May-2009
Indianz.com: Tribal law and order bill renewed in Senate | Posted 6-Apr-09
FAMILY VIOLENCE PREVENTION AND SERVICES ACT UP FOR REAUTHORIZATION
The Family Violence Prevention and Services Act (FVPSA) is also up for reauthorization in the United States Congress. First enacted in 1984, FVPSA provides support for lifesaving emergency shelters, crisis hot lines, victims assistance, and counseling. It ends family violence by ensuring that domestic violence victims and their children will not be turned away when they need a safe haven. The National Network to End Domestic Violence estimates that over 300,000 victims annually benefit from programs funded by FVPSA. Native women's coalitions on domestic violence and sexual assault, along with the National Network to End Domestic Violence, have asked Congress to establish and fund Sacred Circle National Resource Center to End Violence Against Native Women and to set aside 10% of all grants for tribal governments and organizations. FVPSA needs to be reauthorized and fully funded to ensure that victims and their children received much needed assistance when they seek to escape from violent situations.
For more information on FVPSA, see the National Network to End Domestic Violence website.