Posted by: shannynmoore | March 10, 2013

VIOLENCE AGAINST WOMEN ACT NO VICTORY FOR ALASKA’S TRIBES

VIOLENCE AGAINST WOMEN ACT NO VICTORY FOR ALASKA’S TRIBESNARF Logo

Statement From Native American Rights Fund, Alaska Office

While tribes across the country are celebrating the passage of the Violence Against Women Act (VAWA) today, many of Alaska’s tribes are angry that they have been excluded from the benefits of the Act. Section 910, called the “Special Rule for the State of Alaska” specifically states that sections 904 and 905, the domestic violence jurisdiction and civil protection order provisions respectively, shall not apply in Alaska. Since Alaska is home to 229 tribes in the United States, these new tribal provisions now exclude over 40% of all the tribes in the United States.

Almost 100 tribes in Alaska had opposed this exclusion. The Association of Village Council Presidents (AVCP), representing 56 tribes, and the Aleut Community of St. Paul Island (ACSPI) had both issued very clear and direct press releases opposing the Alaska exclusion. The Tanana Chiefs Conference (TCC), representing 37 tribes, also opposed the Alaska exclusion. Taken together, this represents one sixth of the tribes in the United States that demanded the Alaska exclusion be removed. Senator Lisa Murkowski, who authored the Alaska exclusion apparently at the urging of the Alaska Attorney General’s office, rebuffed all requests to remove the exclusion.

“We are tired of the separate but equal treatment that Alaska tribes receive from courts and Congress,” said NARF Staff Attorney Natalie Landreth. “They are tribes just like tribes in the Lower 48 and they are entitled to be treated like all other tribes. These exclusions, which have found their way into numerous bills over the years, say to Alaska’s tribes that they are different and lesser than other tribes. In the case of VAWA, it means that Alaska Native women are less deserving of protection, less important. I find that unconscionable.” The statistics from the AVCP region alone are staggering:

  • Statistically, at least 51 out of every 100 Native women are the victims of sexual
  • It can be cost-prohibitive for a victim of domestic violence to leave the community airfare can cost up to $800 round trip, depending upon the village.
  •  It can take law enforcement up to 24 hours to respond to emergency calls, depending upon weather.
  •  The closest state court is in Bethel, accessible only by air, boat or snow machine.

“I am also not persuaded by the response that this has something to do with the Venetiecase and land
status,” continued Landreth. “It doesn’t. Jurisdiction depends upon several factors like the people
and interest involved. Land status is not determinative, especially for civil jurisdiction.”


Responses

  1. I’m planning on sending this to every single one of my neo-con relatives who constantly insist that my claim that racism is alive and well in the U.S. is the result of ‘liberal propaganda’, as opposed to personal experience, and the fact that we have crap like THIS still happening in the 21st century.

  2. Shannyn I hope you have read Mrs. Murkowski’s response to your political claims. As an Alaska Native and Native American mixed woman I have followed Murkowski’s career and found her to be a great champion of Alaska Native issues. I also agree that Alaska Native villages have a huge problem with abuse and domestic violence. The problem is that we as Alaska Natives nearly sold out our tribal sovereignty to build corporations with ANCSA. Most villages do not currently have in place sovereign court systems that the tribes in the lower 48 already have. This would be a major funding effort that I see as unlikely to happen in these financial times. Last year the Women’s Shelter in Emmonak nearly closed due to lack of funding, so this shows the State and Federal government fiscal priorities when it comes to rural violence against women. Right now what we have is one or two VPSO (Village Public Safety Officers) in each village, a difficult and isolated job that is not exempt from corruption. This is not something the Federal Government can answer alone. We –as a state– need to come up with solutions to bring them more legal support, and someday in the future we may revisit the VAWA and amend the language to reflect these changes.

    • Please see the response from NARF and read the actual bill and research. We don’t have one or two VPSOs in each village. We have 90 villages that don’t have one at all. The state is miserable in dealing with violence and sexual assault. The governor acts like we just have a marketing problem. It’s going to take more than the feds. The Obama administration wanted to include all of Alaska in the VAWA – not just one out of 229 tribes. This was a missed opportunity but the issue of tribal sovereignty is the stickler for the state. They don’t want tribes to self govern on any level and continually sue them.
      I want this issue to be an embarrassment to all levels of our government – maybe shame will make them address AND FUND solutions.


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