Hearing on violence against indigenous women in the U.S. October 25, 2011.
Commissioners: Commissioner Paulo Sergio Pinheiro, Commissioner Rodrigo Escobar Gil, Commissioner Felipe Gonzalez
Participants: Indian Law Resource Center, United States Department of Justice, United States Department of the Interior
Countries: The United States
Topics: Rights of Native American Women, violence against women
One in three Native American women is raped at least once in their lives, while three out of five are victims of an assault. On October 25, 2011, pursuant to a petition by the Indian Law Resource Center (Petitioner)—organization dedicated to providing legal services to indigenous people in America— the Inter-American Commission on Human Rights (Commission) held a thematic hearing concerning violence against indigenous women. The Petitioner classified the rising violence against Native women as an epidemic that the government of the United States (U.S.) is failing to adequately address. As such, Petitioner alleged that the U.S. government has failed to protect Native American women from violence, and has thus violated international human rights standards, particularly Article 1 and Article 2 of the American Declaration of the Right and Duties of Man (ADRD). Representatives from the Department of Justice and Department of Interior were present on behalf of the U.S. (Respondent).
During the hearing, the Petitioner argued that the U.S. is violating the fundamental rights of Native Americans to be free and safe from violence. According to the Petitioner, the U.S. Supreme Court’s decision in Oliphant v. Di Kamus Tribe stripped tribal courts of jurisdiction over criminal prosecutions in which the perpetrator is a not a Native American, leaving Native women—among the most vulnerable segments of the population—defenseless against violent crimes committed by Non-Natives on tribal territories. The Petitioner alleged that the restriction placed on the Indian Nation was not balanced by an obligation on either the federal or state government to prosecute crimes committed against Native women. The Petitioner also argued the U.S. law, which limits sentencing authorities of tribal courts, also leaves such courts inadequate to protect women from violence. The Petitioner also challenged Public Law 280 (PL 280), which authorizes some states to have criminal jurisdiction over tribal lands. According to the Petitioner, PL 280 further inhibits tribal justice system leaving it unable to protect women from violence.
The Respondent acknowledged the violence against Native women, and also expressed concern about the inadequacy of the efforts of the U.S. to combat the problem thus far. The Respondent nonetheless highlighted the various efforts of the government to reduce violence against Native women, which included a legislative proposal overriding the Oliphant v. Di Kamus Tribe decision and restoring the authorities of Indian Nations in criminal prosecutions. The Respondent further highlighted various programs and initiatives that the government has embarked on to address the issue.
Commissioner Felipe Gonzalez asked about the factors that make indigenous women especially vulnerable to violence compared to others. The Commissioner also requested statistics of young girls affected, and statistics on the implementation of protection orders. The Commissioner concluded his statement by emphasizing his support for the recommendations made by the Petitioners. In response, the Petitioner stated that Native women are more vulnerable because of the legal barriers in place as a result of colonial history. Furthermore, the Petitioner illustrated that the only statistic available is that 7 out 10 girls will be sexually assaulted before reaching adulthood, and there are no protection orders in place. Commissioner Paulo Sergio Pinheiro commended the efforts of the U.S. and inquired about the involvement of Native women in the various initiatives undertaken by the government. The Respondent answered that the current administration has cultivated a close relationship with various tribes and extensively engaged Native women in the efforts to combat the problem.
Petitioners requested that the Commission issue eight recommendations: (1) enact legislation to restore the authority of the tribal justice system over criminal cases; (2) fully fund and implement the tribal law and order act, which will enhance the capacity of tribal justice system; (3) launch a national initiative in consultation with Indian Nations to implement reforms to address violence against women; (4) increase technical support to tribal authorities responding to violence against women; (5) create grant program to provide financial support to nonprofit organizations working on the issue; (6) incorporate tribal specific provisions in sex trafficking legislations; (7) implement a reporting system for missing and murdered Native American women; and (8) create a forum for dialogue about violence against Native women. Furthermore, the Petitioners asked the Commission to issue a special report on action the U.S. ought to take to combat violence against Native American women, issue a press release detailing the discussions of the hearing, and conduct an on-site visit to examine the current situation on tribal land. The Petitioners called on the U.S. to act because violence against Native American women has become an epidemic that requires an immediate attention.
