Wake Up & Read It! VAWA Protects Tribal Government rights, NOT women!

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Feb 282013
 

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On February 12, 2013, a horrid violence against women was committed when Mother holding babythe ‘Violence against Women Act’ was passed by the U.S. Senate by a 78-22 vote with all amendments intact.  Women across the nation were thrown under a bus.

On February 28, 2013, the U.S. House repeated the violence with 87 Republicans joining 199 Democrats to pass the bill 286-138. God only knows if this callous assault on women can be stopped. The measure now heads to Obama’s desk.

Obama said in a statement. “Renewing this bill is an important step towards making sure no one in America is forced to live in fear, and I look forward to signing it into law as soon as it hits my desk.”

Does no one actually read these things? We are discussing women and young girls who have been vulnerable and already victimized – being forced into further victimization.  Where is the language in the VAWA that tribal government can only have jurisdiction under informed consent and absent objection of the victim?

If there is none, is this Act protecting the rights of women, or the rights of tribal government?

I asked this question to both Ms. Tracee Sutton and Ms. Gail Hand from Senator Hetkamp’s office. Both were silent in response.

I understand that most of our Congressmen on the Hill have never been in the situation of being a victim within Indian Country. I understand that they might not be aware the ramifications these amendments will have on tribal and non-tribal women.  Reading the recent report by Mr. Thomas F. Sullivan, Administration of Children and Families in Denver of the severe corruption and abuse on the Spirit Lake Reservation might shed some light on the problem. If even a portion of what he is saying is true, our Congress has no right for mandating tribal jurisdiction over U.S. citizens.

Never assume that simply because a woman is of tribal heritage, she wants her case to be heard in tribal court. A person does not know the meaning of “Good ol’ Boy’s Club” until one has dealt with some of the tribal courts.  On top of this, our government has given all tribal courts full faith and credit, meaning once the case is ruled on in tribal court, the victim can’t go to the county or state for justice.

And while many enrolled women will be upset when told their options have been limited, please realize that multi-racial marriages and relationships are very, very common in Indian Country and non-member women are no small number in domestic violence cases within reservation boundaries.

Further, it is interesting that in the language in section 4(A) below, describing under what conditions in which there would be an exception to tribal jurisdiction, the defendant is addressed more than the victim. It doesn’t matter what heritage the woman is – that isn’t the deciding factor for tribal jurisdiction. The language below addresses the perp’s relationship to Indian Country as the deciding factor.

In fact, under this section, ‘victim’ is defined and limited to only women who have obtained a protective order.  In other words, women who DON’T have a protective order would NOT be considered victims under the exception section, and thus, no matter what, are subject to tribal jurisdiction.

FURTHER – the words, “in the Indian country of the participating tribe” are used over and over. Do you know what this means? I will tell you what it doesn’t mean. It DOESN’T mean inside reservation boundaries.  But I can’t tell you what it DOES mean as far as how many miles outside the boundaries it extends – because, apparently, that is up the tribal government and BIA.

Yes, friends.  A woman, off the reservation, who is assaulted by a person whom she might not even be aware is a tribal member (we talked about multi-heritage relationships, right?) might find herself fighting for justice in a tribal court.

… But trying to read the legalese in section 4, I have to ask, if both the victim and perp are non-Indians, but the victim doesn’t have a protective order…? (Who writes this stuff?)

It appears that the language has been written to protect the defendants, specifically enrolled men, from state and federal jurisdiction.  They might come down hard on a non-member, but given the track history of many tribal courts – do not doubt that this bill will end up protecting certain men and further victimizing many women.

This type of language throws women of all heritages under the bus.  Not only could enrolled women be forced into a court predominantly run by her ex’s relatives, but non-tribal women, viewed as outsiders no matter how long they have lived in ‘Indian Country’, could be forced to share their horrific story and plea for justice in a room full of potentially hostile relatives and friends of the defendant.

How many women will simply suffer in silence rather than attempt to be heard in tribal court?  How do laws like this seriously protect an already victimized woman?  What can be done to ensure that victims know they have the option to refuse tribal jurisdiction and seek justice elsewhere?

Further – could you please tell me in what manner women who would be affected by these amendments were consulted?  During the discussion of these amendments, what non-tribal entity or organization represented and advocated for needs of women who live within Indian Country?

 

PLEASE URGE PRESIDENT OBAMA NOT TO SIGN THIS HORRIBLE VERSION OF THE VAWA!

 

`SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.

`(4) EXCEPTIONS-

`(A) VICTIM AND DEFENDANT ARE BOTH NON-INDIANS-

`(i) IN GENERAL- A participating tribe may not exercise special domestic violence criminal jurisdiction over an alleged offense if neither the defendant nor the alleged victim is an Indian.

`(ii) DEFINITION OF VICTIM- In this subparagraph and with respect to a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction based on a violation of a protection order, the term `victim’ means a person specifically protected by a protection order that the defendant allegedly violated.

`(B) DEFENDANT LACKS TIES TO THE INDIAN TRIBE- A participating tribe may exercise special domestic violence criminal jurisdiction over a defendant only if the defendant–

`(i) resides in the Indian country of the participating tribe;

`(ii) is employed in the Indian country of the participating tribe; or

`(iii) is a spouse, intimate partner, or dating partner of–

`(I) a member of the participating tribe; or

`(II) an Indian who resides in the Indian country of the participating tribe.
Elizabeth Sharon Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)

Author

Dying in Indian Country
PO Box 253
Hillsboro, ND 58045
administrator@caicw.org
https://caicw.org

Twitter: http://twitter.com/CAICW   ( @CAICW )
Facebook: http://www.facebook.com/fbCAICW.org

 

ICWA is the REAL War on Women

 Comments Off on ICWA is the REAL War on Women
Dec 192012
 

As demonstrated by the “Save Veronica” case, this REAL War on Women comes in the form of the Cherokee Nation’s affirmation that single mothers of all heritages must fear tribal interference if they give a child up for adoption without knowing for certain whether the birth father has even a single drop of Cherokee blood.

During the Thursday, October 18, 2012 segment of the Dr. Phil show, Cherokee Nation attorney Chrissi Nimmo refused to admit Veronica had only a drop of Cherokee blood, but she also didn’t deny it. She did not answer this question because she is well aware of the implications…she knows people will be stunned at the realization. Instead, Ms. Nimmo tried to make the argument that the issue is not about blood quantum or how a child looks, but that they have a right to be part of the Cherokee tribe. The real issue is the fact that with the help of the ICWAthis “right” is being forced on not only this child, but also many children and families all across the U.S.

This argument, and the law, ignores many basic Constitutional rights. Not all enrollable individuals WANT their children to be forced into political affiliation with tribal government, and not all enrollable or enrolled parents want their children to be raised on or near a reservation. In fact, manyenrolled fami-
lies have purposefully made a choice to raise their children outside the reservation. Is it the tribe’s right, or the individual parent’s right to choose where to live and raise their children?

The following example illustrates how the ICWA is negatively affecting the
decisions and rights of enrolled tribal members. At a home for unwed mothers in Bismarck, South Dakota, several enrolled women told State Representative Lee Kaldor that even though they wanted to give their babies up for adoption, they were afraid that tribal government would interfere. Although they honestly didn’t feel they were able to properly raise and nurture their babies, they decided against adoption because they wouldn’t have the right to make decisions on behalf of their unborn babies. With adoption not an option, some of them contemplated abortion.

Interestingly enough, tribal governments don’t interfere in a mother’s decision to have an abortion, but they are increasingly interfering in the rights of a mother tochoose adoption, and placement of their children.

Ms. Nimmo’s argument also ignores the rights of the Latino birth mother in question, and ANYmother of any race who chooses adoption for their child. While it’s bad enough that enrolled Indian mothers don’t feel a freedom of choice in deciding what is best for their children, the Veronica case illustrates how a Hispanic mother, who was carrying a child with only a tiny percentage of
tribal heritage, had her rights and wishes superseded by a tribal government.

What a nightmare for any pregnant single mother contemplating adoption—a minute amount of known, or potentially unknown, Indian heritage gives a tribal government the legal right to interfere.

A further example of how the ICWA is negatively affecting women’s rights is the increasing trend of tribal governments moving to exercise their right to adjudicate in custody hearings.  Because of the ICWA, a tribe has the right to have representation at all custody hearings involving offspring of children of enrolled members, even if the child is not enrolled, or only has a small
percentage of Native blood. In many cases, the custody hearings are required to be held in tribal court, even at some distance from where the child is currently residing. The non-Indian parent is stripped of their rights to an unbiased hearing because they are not permitted access to council of
their choice. In at least one case, a non-Indian mother was threatened with bodily harm by the tribal judge and police, and by order of the judge, her young daughter taken from her and placed with an abusive father.

Congress passed the ICWA in 1978 in response to the alarmingly high number of Indian children being removed from their homes by both public and private agencies. The intent of Congress under the ICWA was to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families” (25 U.S.C. § 1902). ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a
member of, or eligible for membership in, a federally recognized tribe.
The real question now is whether the ICWA is really working to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families,” or whether the law is being abused to protect ONLY the best interest of tribes, and in doing so is denying both children and adults equal protection and representation as provided under the U.S. Constitution.