Sequester's Impact on Tribal Law and Order

Across the board cuts to federal programs seem all but assured of going into effect next week. While  the effects won't be apparent right away, everyone will be feeling the pain before long, if the folks in Washington don't do something to reverse this legislation.

Already understaffed tribal courts stand to take a hit, as do programs to support intelligence sharing and provide alternatives to detention. Grant funds to support tribal Community Oriented Policing (like our own Tribal Prescription Drug and Drug Endangered Children program) will be cut a whopping 25%. The Bureau of Prisons will be cut, dashing hopes for improving and staffing tribal detention facilities. Health programs will get cut more than 8%—contrary to a law that states it can't be cut more than 2%—and those cuts are bound to include critical programs to combat substance abuse and support victims of domestic violence or drug endangerment. The BIE will also see crippling cuts to K-12 schools, colleges and vocational schools.

Now is the time to contact your Congressional representatives and let them know that Indian Country needs a federal budget that includes full funding for TLOA, Indian health programs and education programs.  The gains we've been making under TLOA are too important to end up on the chopping block now.

House Bill Keeps Tribal Protections

Republicans in the U.S. House have introduced the Violence Against Indian Women Act of 2013 in response to concerns about the VAWA reauthorization recently passed in the Senate. While this bill protects the rights of tribes to prosecute non-Indians accused of domestic violence on tribal lands, offenders would have the right to request federal prosecution if they felt their Constitutional rights were being violated.

Senator John Barrasso from Wyoming, vice-chair the Senate Committee on Indian Affairs, voted against a previous version of VAWA but supports this one. Barrasso’s spokeswoman, Emily Lawrimore, told Indian Country Today Media Network, “He voted against the recent VAWA bill because it contains provisions that would likely be ruled unconstitutional by the courts. A Supreme Court ruling against this provision could be damaging to tribal authority and have irreversible consequences.”

So will this fix work to ensure the law holds up in court, or will it maintain the status quo, where domestic violence cases rarely get attention from federal prosecutors? Please join us at our LinkedIn Group, SafeRez, to share your thoughts!

What Can We Do About Domestic Violence NOW?

Whether or not the final reauthorization of the Violence Against Women Act allows tribes to prosecute non-Indians who harm Native women, the question still remains of what we are doing, can do and will do to prevent these crimes and bring the perpetrators to justice.

No matter how you look at the statistics, a lot of rape, battering, stalking, child abuse and elder abuse cases already fall under the jurisdiction of tribal authorities, but aren't adequately prevented or prosecuted. The problems are legion. Tribal systems are overburdened, underfunded and often understaffed; the tribal jail system is "unbelievably broken" (according to a comment about a 2008 BIA study); victims and family members are often unwilling to involve police or press charges; drug or alcohol use may impact the reliability of testimony; and when criminals move to other reservations, their arrest records rarely follow them.  Like eating a whale, these obstacles seem overwhelming, but can be reduced one bite at a time.

Congress can:
Fully fund the Tribal Law and Order Act, federal prosecutor's offices and existing public health programs, as well as create new funds for tribes to increase staffing, facilities, training, services and education.

Tribal governments can:
Make addressing domestic violence a priority by encouraging collaboration among tribal departments, seek and allocate funding for service providers and programs, actively participate in education and outreach, and ban non-Native offenders from tribal lands.

Tribal law enforcement can:
Stock adequate rape kits, seek funding to beef up staffing and training, collaborate with federal law enforcement and other tribal police to share best practices and resources, and work with health care providers and tribal or state service providers to deliver victim services, and share data with other tribes.

Tribal courts can:
Implement alternative sentences such as restitution for offenders, document cases so repeat offenders are identified and prosecuted accordingly, share data with other tribes and exercise the enhanced sentencing under TLOA.

Healthcare workers can:
Learn how to identify and screen victims of domestic violence, carefully document and report cases, develop a referral network of service providers, and provide resource materials for patients.

Families and friends can:
Learn about available resources, contact your tribal and federal government representatives to insist on change, organize safety and prevention programs, and support victims in leaving dangerous situations, prosecuting their attacker and in the healing process.

Victims can:
Share experiences with other victims in the community, help each other to find the strength to stop the abuse and to heal, and to raise a voice in protest against a culture that allows these crimes.

More Resources:
National Domestic Violence Hotline
Mending the Sacred Hoop
Tribal grant programs to prevent violence against women
Love is Respect: teen dating violence site
Men's Resource Center for Change
Guide to raising awareness in Indian Country


Do you have more ideas? We want to hear them!! Lamar Associates has started a new group, called SafeRez on LinkedIn and we welcome everyone who wants to change our communities for the better. Come and join the conversation!