Maze of Injustice

12/25/2010 6:23:00 PM

Focused on tribal ands and neighboring areas (not urban, etc) Introduction y A continuation of a history of human rights abuses y Compounded by erosion of tribal authority by Feds o Systemic failure to punish those responsible  Common belief that nothing will be done y Indian women 2.5 times as likely to be raped (1 in 3) o Also less likely to report to police o Stems from tribal/ state/ fed relationships o 86% by non-Native men (others by own race) o More violent than rapes of other races y Lots of important data needed doesnt actually exist y Race of the perpetrator is important o Determines which police force deals with it and which judicial system is responsible  Insufficient access to justice and accountability y Feds o tribal justice systems underfunded o tribal counts cant try non-Indians o limiting maximum sentences they can impose  One year max, most rapes 8-12 in US o Many cases in state/ federal jurisdiction simply dropped  No further recourse to justice o Often fail to update victims on progress of the case y Health service providers o Key in providing care and documenting o Quality of basic service varies considerably  Inadequate training and IHS funding o Victims find access to legal redress and adequate medical attention difficult y US government is failing in this human rights issue Key Recommendations y Fed/ state governments should consult and co-operate with Indian nations and women to institute plans of action

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They should all contribute to collect and publish data Congress should recognize a tribes jurisdiction over all crimes in IC, regardless of who commits, and allow real sentences US should give tribes more $ All law enforcement officals should respond promptly to help protect the survivor from additional abuse, provide adequate resources, and implement appropriate investigation protocols, especially in rural areas with poor infrastructure and communications Survivors should have adequate and timely access to examinations without charge Cases should be vigorously prosecuted and any failure to do so should be communicated to the survivor

Legacy of the Past y Sexual violence as a tool of conquest o Current problems are a process of history o Women often held in high esteem, colonization and Christianization sought to change these gender roles o In BIA run schools o 1968 Court Decision- less of a penalty for raping Indian o Forced sterilization o Continual stereotypes and dehumanization International Human Rights Law y Sexual violence violates a variety of rights y Due Diligence o Governments must use power to protect and fulfil human rights o Must act in du diligence to address abuses by private individuals (non-state actors)  If they dont then the state bears responsibility o US is failing y Human rights of Indigenous have been reaffirmed (?) o Right to maintain cultures, so must have greater control over their own lives and futures

o Countries that have been able to incorporate respect of customary Native law are better (32-21) 2006 UN o Right to self-determination  Autonomy in matters relating to internal and local affairs  Right to own institutions  Defense from violence and discrimination Human Rights of Women o Cant be different o Conditions are normally worse, must try to make better o Face multiple discriminations: minority and woman o Economic, Social, and Cultural Rights

Issues of Jurisdiction y Authority determined by: o Victim being member of tribe o Offender being member of a tribe o If the offense took place on tribal land  Determines tribal, state, or fed authority y Jurisdiction can overlap, if dual no one may do anything y Tribal Authority o Federal government has responsibility to protect o Has been recently undermined, even in self-determination era  Major Crimes Act: serious crimes  PL 280- criminal jurisdiction over the to states if they want it, create concurrent jurisdiction with tribes Led to underfunding tribes and states  Indian Civil Rights Act- max penalty by tribe limited  Oliphant v Suquamish- no jurisdiction over non-Indians Violates international law and US constitution y Access to justice by race y Standing Rock o Tribal and federal jurisdiction, state is both non-Indian y Oklahoma o Complicated by allotment (77 counties, 60+ have IC)

o Can take weeks or months to determine if land is IC o Tribal housing on state land? States dont want to deal Alaska o Rural villages often without law enforcement of any kind o Response is slow or doesnt happen o Considerable confusion all around o ANCSA laws classified as not IC o Trending on a state level to respect tribal decisions (48-37) Inter-agency Cooperation o Address complexities by co-operation  Cross-deputization o In areas with few officers has helped improve response o Extradition- return fleeing offenders to jurisdiction of crime  Otherwise they couldnt chase (either way)

Problems of Policing y Delays and failure to respond o Feds/ states provide significantly fewer resources to policing in IC (55-75%) o Few officers over a large area o Sexual crimes often dont get necessary response  If tribes start investigation, feds may not continue o Long waits to report sexual violence, sometimes none at all o OK- varies by wealth of tribe o AK- wealth and location o Decisions about what to respond to are by officers o value moose more than Alaska Native women (57-46) o Village Police dont have equipment to deal with real crimes  Less training too y Inadequate and inappropriate policing o Few women officers o Discriminatory treatment of women who were drinking before attacked, blaming her  Will only respond of hospitalized or dead o Failure to give status of case or arrest o Inadequate protections of survivors, esp. cross-jurisdiction

Training o Lack of cultural understanding o Lack of basic training/ knowledge Examinations Needed for successful prosecution Delays hurt Sometimes not available in IC Law Enforcement officials o Need to ensure prompt access o Destroy or dont take evidence if no charges, change mind? Health service providers o Need people who know what they are doing o IHS lacks clear protocols, dont always examine o Sometimes hospitals send around if they cant or dont want to deal o Sexual Assault Nurse Examiners (SANEs)- new, they dont have them o High turnover of staff makes going to court difficult Who should pay? o Cost of examination and travel o Victim shouldnt have to pay, but often does

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Barriers to Prosecution y Jurisdictional issues allow some cases to slip through cracks y Tribal Courts o Limitations imposed (non-Indian and max sentences) o Lacking of funding by Feds who say they in charge o Laws and definitions may not be strict  Dont meet international human rights standards y Federal Level o Failure to pursue cases of sexual violence on Native women o Decisions not to prosecute arent really reviewed y State Level o Has jurisdiction in AK o 90% of forensic examinations lead to no prosecution

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o Travel distance issues, language barriers Discrimination in Federal and State Prosecutions o Unequal jury selection, use of alcohol, dehumanizing Indians Lack of Communication o On what is happening with case or if it will be prosecuted

Support Services for Survivors y Access to health services o STIs, emergency contraception o BROKEN PROMISES- US COMMISSION ON CIVIL RIGHTS o IHS sucks y Indigenous support initiatives o Shelters not being culturally appropriate o Need programs run by Native women  Funding limited  Increases confidence in reporting o Help from Violence Against Women Act Recommendations y Combo of all this shit y Co-operation, funding, data, appropriate agencies have input, actually prosecute y End discrimination y Ensure accountability (people and agencies) y Appropriate, effective policing y Access to forensic examinations y Support services y Justice

12/25/2010 6:23:00 PM

12/25/2010 6:23:00 PM