The Violence Against Women Act and Why Native Women Matter

"A nation is not conquered until the hearts of its’ women are on the ground…”
Cheyenne proverb




To explain further: “… the special domestic violence jurisdiction is narrowly restricted to apply only to instances of domestic or dating violence where: 1) the victim is an Indian, 2) the conduct occurs on tribal lands; and 3) where the defendant either lives or works on the reservation, i.e., where the defendant has significant ties to the community” the National Congress of American Indians, in their letter to Congress last week explained. NCAI also pointed out, that “ . Indian tribes are not a racial class, they are a political body – so the question is not whether non-Indians are subject to Indian court – the question is whether tribal governments, political entities, have the necessary jurisdiction to provide their citizens with the public safety protections every government has the inherent duty to provide….Indeed, placing more funding in the hands of state or federal authorities to administer this process, concerns tribes deeply as there has been little, to no action on most of these cases, with 62% of the cases being declined for prosecution “ The answer , as in many conflicts, may be education and effort. In this case, it’s a combined effort

At some level, psychologically and beyond, this is of absolute importance to tribal nations. The ability of a tribal government to protect those who are most vulnerable is crucial to the dignity of a people. The folly of the Supreme Court’s Oliphant v. Suquamish Indian Tribe, decision which precluded tribal criminal jurisdiction over non Indians on the reservation is apparent . The VAWA brings, frankly into spotlight , the need to protect tribal citizens, and address protection and prosecution of non Natives who have chosen to live within Indian country. At some level, if you live there, just as tribal citizens off reservation, it seems fair that jurisdiction should apply. It is also not logistically feasible for federal or state governments to maintain the predominant criminal jurisdictional authority over Indian country. Non- Indian authorities are often situated far from reservations and do not have the manpower to thoroughly investigate and prosecute the high number of reservation crimes that fall under their jurisdiction post- Oliphant. And, as evidenced in the case of violence against Native women, follow through is non – existent. Native nations have the absolute right and need to protect our citizens.


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