OPINION: Tell Congress Alaska needs every tool it can get to combat violence against women

Here we are, about to finally reauthorize the Violence Against Women Act (VAWA) and at last provide Alaska tribes with some meaningful tools to address violence against women and children in our communities — and Don Mitchell, in his recent commentary, said he wants “more input” from Alaskans who might oppose the law. Really? Why? Why would any of us want to derail even the most modest efforts toward making our state safer just because a tribe might be doing the work?

Perhaps some people are unaware that Congress has indeed been hearing from Alaskans, for years now, asking for ways to respond to the violence. In 2013, the Tribal Law and Order Commission Report, “A Roadmap For Making Native America Safer,” containing an entire chapter devoted to public safety in rural Alaska, was delivered to Congress. Congress is now poised to respond to the report and to the many people who have contacted them before and since, by retooling this law so it makes sense in Alaska Native villages. This is good government in action, and I applaud our delegation for leading the way to assure that our tribes have the means to prosecute and remedy the violence against women and children. The text of S.3623 includes Subtitle B, “Alaska Tribal Public Safety Empowerment,” and can be reviewed online.

The law is intended to provide tools currently lacking in Alaska. S.3623 will “empower Indian Tribes to effectively respond to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, and missing or murdered Alaska Natives through the exercise of special Tribal criminal jurisdiction.” Why is this needed? Despite making up just 19% of the state population, Alaska Natives are 47% of reported rape victims in the state. Alaska Natives are overrepresented in the domestic violence population by 250%. We have an epidemic of violence that is not being addressed because onsite resources are lacking.

In many villages, the state has no resident law enforcement. Only 52 communities have a Village Public Safety Officer. Although the tribe is the only functioning authority that can respond in a timely manner, its effectiveness is hampered because the tribe’s legal authorities are questioned. Imagine being sexually assaulted and having to wait for days, sometimes weeks, for a Trooper to come and start following up. This is unacceptable. It is the reason Alaskans continue to press Congress to clarify the authority of the Tribes to protect victims of domestic violence and punish abusers.

The proposed amendments Congress is considering would settle tribal authority once and for all over all civil matters, as well as criminal violations committed by Native people. It would also create a five-year experimental pilot project under which tribal courts could hear certain domestic violence crimes allegedly committed by non-Native people. The crimes would include domestic violence, dating violence, or violation of a protection order. The special project would be limited to no more than five tribes per year and be focused on villages that are predominantly Alaska Native, that lack any permanent state law enforcement presence, or both. But no tribe could participate in the pilot project unless the attorney general “makes a determination that the criminal justice system of the Indian tribe has adequate safeguards in place to protect defendants’ rights, consistent with the (Indian Civil Rights Act).”

What does that mean? In a nutshell, constitutional rights will be respected. ICRA requires respect for due process protections including, equal protection, the right to counsel, the right against self-incrimination, the right to an impartial jury, all of which we are familiar with from the Bill of Rights (which is the basis for the Indian Civil Rights Act).

Honoring these rights will be expensive but absolutely necessary for this pilot program to succeed. The law includes a requirement for an Alaska Tribal Public Safety Advisory Committee watching over the project and which will include representatives from participating and non-participating tribes, the pilot program, state, federal and local law enforcement. Domestic violence in village Alaska is a statewide concern, so an all-hands-on-deck collaborative approach is essential.

The crime is the focus. The racial or national identity of the perpetrators should never be a consideration in their prosecution. Already we have heard fear-mongering from anti-tribal voices, suggesting Alaska tribes are on the hunt to single out non-Native people to prosecute. That is hateful speech with no foundation in reality, and it must stop. Villages need to be empowered to protect women and children by apprehending violent offenders regardless of their race or membership in the Tribe. That is the most basic function of local government: protect the people. If we are to live in a civil society, no one can be above the law.

The pending amendments will leave state jurisdiction intact, which is a good thing. This way tribal and state authority can work together to protect vulnerable populations and bring perpetrators to justice. State-tribal partnerships hold the future for better life across village Alaska; the amendments are built upon that promising foundation.

So, yes, please let Congress know we badly need this upgrade to our woefully inadequate rural public safety system. Tell them we need all the tools Congress can send to help our tribes fight this epidemic of violence. The only losers will be the perpetrators of these terrible crimes.

Jenny Bell-Jones is chair emeritus of the Department of Alaska Native Studies and Rural Development at the University of Alaska Fairbanks. This work represents her opinion and not that of the department.

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