Experts say grants won't end criminal violence in Tribal areas

By Rob Capriccioso
Indian Country Today

ONEIDA, N.Y. — Tribal justice advocates are hailing awards from the Department of Justice to aid and improve three reservation-based domestic violence programs, but many say the money itself isn't going to solve bigger federal Indian law problems.

Some of the latest awards, announced in early September, come as a result of federal stimulus funding. They amount to $1.4 million for the Los Coyotes Band of Indians in California, the Kaw Nation of Oklahoma, and the Rosebud Sioux Tribe of South Dakota.

The monies come from the department's Office on Violence Against Women and are in addition to the more than $14.5 million in Recovery Act funds awarded in August to 19 tribal governments and 10 tribal coalitions in Alaska, Arizona, California, Michigan, Minnesota, North Dakota, Oklahoma, South Dakota, Washington and Wisconsin.

"American Indian and Alaska Native women are more likely to experience sexual assault and domestic violence than women from other racial or ethnic groups, which is why these funds are so vital," Attorney General Eric Holder said upon the release of the most recent funds.

He said the funds signify the beginning of a renewed partnership between Justice and tribal communities.

Tribal justice advocates largely agree that the funds are only a beginning.

"The funding is good and is an important step, but it is only a partial solution," said Kirsten Matoy Carlson, a staff attorney with the Indian Law Resource Center.

"What is needed is real legal reform. In addition to funding shortfalls, the Oliphant v. Suquamish Indian Tribe loophole still remains."

Carole Goldberg, a tribal law professor at the UCLA School of Law, elaborated on that loophole, saying the 1978 Supreme Court decision found that tribes don't have criminal jurisdiction over non-Indians.

She said federal policy to correct the Oliphant decision is desperately needed to reduce reservation violence.

Matoy Carlson also said federal Indian law should be changed to rectify the loophole, or else she believes the epidemic of violence against Native women isn't really being addressed.

Matthew L.M. Fletcher, director of the Michigan State University Indigenous Law & Policy Center, is grateful for federal awards to address violence in Indian country, but is skeptical about their long-term effects.

"Federal grant money into Indian country is fantastic, and helps build tribal organizational capacity to combat domestic violence and violence against women.

"And, I am very happy to see some federal interest in something not related to meth, or immigration, or drug smuggling.

"But what happens when the grants run out? So many times in Indian country it means that those programs just die. I hope that won't happen here."

Fletcher believes a long-term solution to violence requires a re-examination of federal law in relation to tribal criminal jurisdiction over non-Indians.

He said Congress could quickly correct issues stemming from Oliphant if it chooses.

Congress has long heard about the issue from tribal leaders, but has chosen not to act.

Brief descriptions of the latest awards

Los Coyotes Band of Indians
Justice is awarding $331,371 to the Los Coyotes Band of Indians to hire a full-time domestic violence advocate and a full-time domestic violence law enforcement officer. The band will also use the funds to develop and deliver culturally appropriate violence awareness programs aimed at youth, teens and adults, develop and pass the law and order codes for domestic violence, date rape, and stalking for the Cahuilla and Santa Rosa Band of Indians, and purchase law enforcement equipment and supplies. Based in the California counties of San Diego and Riverside, Los Coyotes Band of Indians is comprised of the tribes of Los Coyotes, Cahuilla and Santa Rosa.

Kaw Nation
Justice is awarding $366,882 to the Kaw Nation of Oklahoma to assist victims of domestic violence and sexual assault by providing intervention and support services and developing a coordinated community response team through collaboration of nonprofit victim services to create domestic violence protocols and policies. The tribe will also use the funds to develop response policies and procedures that address domestic violence and sexual assault, provide training to tribal law enforcement, court system, nonprofit victim services and educators and conduct community presentations and a public education campaign. The Northern Oklahoma Domestic Violence Shelter is a project partner under this grant.

Rosebud Sioux Tribe
Justice is awarding $787,633 to the Rosebud Sioux Tribe of South Dakota to provide advocacy and supportive services to victims with avenues of safety, support groups and advocacy within the criminal justice systems, housing agencies, educational systems and the social services department. The tribe will use the funds to renovate the White Buffalo Calf Woman Society shelter to create a safe environment, to enhance the handicap accessibility of the shelter and drop-in services and provide a new roof to promote sustainability of the facility and purchase a shelter vehicle to provide transportation to victims seeking job and educational opportunities and other destinations that contribute to a survivor's independence. The tribe will also create an education and prevention campaign addressing domestic violence, sexual assault, dating violence and stalking, implement a domestic violence court and enhance the tribal court's ability to hold hearings on domestic violence cases and to provide security measures to ensure the safety of victims and the public.

Copyright 2009 Indian Country Today