By Amy Lieberman
Thursday, October 13, 2011
A federal law passed in July was supposed to benefit American Indian and Alaskan Native women who are disproportionately vulnerable to abuse. But tight funding and immunity for non-Indian men are two major limitations.
Hill added that treaties and acts don't work without adequate funding. Many provisions the Tribal Law and Order Act calls for, like stronger police ranks, would be unable to be implemented at current funding levels.
"Health services, law enforcement, everything is under-funded. We have to fight the fact that we have three law enforcement officials on Indian country on average to serve a geographic area the size of Delaware," she said.
The problem can be compounded further in places like Oklahoma, where Indian country isn't always clearly defined.
Juskwa Burnett, an independent advocate for Indian women vulnerable to abuse in Oklahoma, recalled a recent case in which a woman was being raped inside her trailer.
"The tribal police and the state cop stood outside and argued about whose jurisdiction it was," Burnett recalled. "Finally, her brothers broke down the door. The next six months were spent arguing over who should take it to court and the woman, in the end, did not go to court at all."
The Tribal Law and Order Act could prevent cases like this in the future, through its calls for further examination of jurisdictions and for better coordination in prosecution of federal crimes that occur in Indian country.
"The act is a small step, but a good step forward," said Deer.
Funding for the new law must come from the general federal allocations. The Department of Justice allocated $118.4 million to nearly 150 American Indian and Alaskan Native nations to sustain crime prevention and intervention efforts for fiscal year 2011, 60 percent of what it requested from Congress.
President Obama has requested an increase of more than 50 percent in tribal grant funds for 2012, according to Jessica Smith, a Department of Justice spokesperson.
Smith said there is "no question" there isn't enough federal funding for Indian nations. That might make it unlikely to see "immediate robust change" as a result of the Tribal Law and Order Act, she explained.
Smith added that the inability for tribal courts to prosecute non-Indian men is damaging.
That could change with the re-authorization of the Violence Against Women Act, or VAWA, up for renewal in 2011. The added inclusion of this provision is one of several legal nods to strengthening security on Indian country--especially for women--under the Obama administration. Money authorized under VAWA could also flow to Indian nations.
In some parts of South Dakota, the combination of rural communities and understaffed tribal police can be devastating to Indian crime victims who may wait days for police to respond to a call, South Dakota Coalition's Hill said. She added that she hasn't yet seen the Tribal Law and Order Act affect and improve that situation.
"By the time an officer gets there, the attacker is long gone and women start thinking, 'What's the point of this?'" she said.
Last year, Attorney General Eric Holder created a federal task force to study violence against tribal women and tribal prosecutions. That group is now compiling a handbook for federal prosecutors that addresses domestic violence in Indian country.
"There's a lot of momentum right now," said Brent Leonhard, a member of the task force and the deputy attorney for the Confederated Tribes of the Umatilla Indian Reservation, based in Pendleton, Ore. "The Obama administration has really stepped it up."
Since the July signing of the law, Umatilla Indian Reservation has coordinated better with federal courts and police, Leonhard says, and has developed a sexual-assault response team.
Its courts have yet to sentence anyone to three years in prison, though it has the capability to do so with a public defender; a position not filled in all tribal courts.
"The act is there and people can implement it," Leonhard said. "But that is, of course, dependent on funding."
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Amy Lieberman is a correspondent at the United Nations Headquarters and a freelance writer in New York City.
Indian Law Resource Center:
National Congress of American Indians:
United States of America: Maze of injustice: The failure to protect indigenous women from violence, Amnesty International:
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