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Anderson Law: Republican VAWA bill a deal breaker for tribes

Filed Under: Law | National | Politics
More on: 112th, house, jurisdiction, republicans, tribal courts, vawa, women


Prepared by Anderson Indian Law

We strongly urge tribes to reject the Cantor draft VAWA bill because it is a diminishment of tribal sovereignty. The bill was drafted last minute, without meaningful input from tribal leaders. The cost of what tribes are giving up in this bill to obtain jurisdiction over non-Natives in domestic violence cases is at too great a cost, and does not work to protect Native women. Additionally, it creates hurdles to enforcement and sets up a two-class system for defendants on the reservation (Natives and non-Natives). It also works to protect the rights of non-Native defendants over the rights of Native women victims. The major problems are: that the bill delegates authority to tribal courts instead of recognizing inherent tribal authority; it allows for automatic removal of cases; it provides a certification process of tribal courts by the federal government; and it provides a private cause of action against tribes."

Get the Story:
Anderson Indian Law: Oppose the Draft Cantor VAWA Bill (Turtle Talk 12/19)

Related Stories:
Brian Paterson: Indian women need protections from violence (12/14)
NCAI remains hopeful on legislation to protect Indian women (12/13)
Salon: Abusers get away with violence against Indian women (12/13)
Opinion: Native women still waiting on Congress to take action (12/12)
Rep. Darrell Issa introduces Violence Against Indian Women Act (12/4)
NCAI optimistic on a land-into-trust fix, VAWA during lame-duck (11/09)

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