Yesterday, we had the opportunity to attend the first day of the Making an Impact throughout Indian Country: The Violence Against Women Act, sponsored by the Sisseton-Wahpeton Oyate and BIA Office of Justice Services.
The SWO is one of eighteen tribes that have exercised Special Domestic Violence Criminal Jurisdiction (SDVCJ), according the National Congress of American Indians published analysis of the of the impact of the SDVCJ provision of the VAWA:
VAWA 2013’s limited reaffirmation of inherent tribal criminal jurisdiction over non-Indians, known as Special Domestic Violence Criminal Jurisdiction (SDVCJ),has fundamentally changed the landscape of tribal criminal jurisdiction in the modern era. By exercising SDVCJ, many communities have increased safety and justice for victims who had previously seen little of either. SDVCJ has allowed tribes to “respond to long-time abusers who previously had evaded justice”5and has given a ray of hope to victims and communities that safety can be restored.
To date, 18 tribes are known to be exercising SDVCJ . . . Tribes are implementing SDVCJ with careful attention to the requirements of federal law and in a manner that upholds the rights of defendants. In order to exercise SDVCJ, tribes must comply with a series of federal statutory requirements that include, among other things,providing certain due process protections to non-Indian defendants.Most of these implementing tribes have worked closely with a group of over 50 other tribes as part of an Inter-tribal Technical-Assistance Working Group (ITWG) on SDVCJ that has been an important forum for tribal governments to work collaboratively to develop best practices. . . .
It's important to note that as branches of a sovereign nations, tribal courts weren't "given" power. They asserted the power that is inherent in that sovereignty.
Here's the NCAI's report:
VAWA 2013's Special Domestic Violence Criminal Jurisdiction Five-Year Report uploaded by Sally Jo Sorensen on Scribd
The report was reviewed during a morning session. We found the review to be very helpful for understanding the issues facing sovereign tribes seeking to hold accountable those who harm indigenous women.
But other sessions were more heart-breaking, even as speakers presented tools to address human trafficking, internet safety, and dating violence.
The thread of healing wove throughout the day. The final speaker, Graci Horne, linked violence against native women with destruction of Mother Earth, tying the history of the Sisseton Wahpeton Oyate since the 1862 US Dakota War. She shared this Indigenous Rising Media video:
Learn more about Horne's work in the Hyperallergic podcast, At Standing Rock, Two Artists Help Women Confront the Trauma of Sexual Violence.
On Facebook, SWO's fabulous organizer Crystal Owen shared the Watertown Public Opinion's advance coverage. Worth a read without having to negotiate the paper's firewall:
We'll be able to return for the final day of the conference on Thursday. In addition to South Dakota's Attorney General Jason Ravnsborg, SWO tribal archivist, South Dakota state senator Lyndi DiSanto, author of 164, the state's new MMIW law, and SWO member and SD1 state representative Tamara St. John, who carried the bill in the South Dakota House, North Dakota state representative Ruth Buffalo will speak.
Photo: A circle of conferees. Photo by Crystal Owen.
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