Law | National | Politics

Alaska tribes excluded from jurisdiction provisions in VAWA

Monday, March 25, 2013

Tribes across the nation celebrated the passage of S.47, the reauthorization of the Violence Against Women Act, but Alaska Natives are excluded from key provisions in the new law.

The law recognizes tribal jurisdiction over non-Indians who commit domestic violence offenses in Indian Country. The definition of Indian Country in Section 1151 of title 18 in the U.S. Code does not include Alaska Native villages so they can't exercise the same authority.

“It’s the state’s position that anyone who moves through the villages who’s not a tribal member should not be handled by a local tribal court," Myron Naneng, the president of the Association of Village Council Presidents, told Alaska Public Radio Network.

Sen. Lisa Murkowski (R-Alaska) acknowledged the exclusion but says the VAWA provisions renewed debate about sovereignty and law enforcement issues in the state. She plans to introduce a bill that would allow Village Public Safety Officers to enforce tribal law in villages.

Murkowski said the only Alaska tribe that can exercise authority under VAWA is the Metlakatla Indian Community. The tribe and its reservation were excluded from the Alaska Native Claims Settlement Act.

In Alaska v. Native Village of Venetie, the U.S. Supreme Court held that ANCSA extinguished Indian Country in Alaska.

Get the Story:
Murkowski Clarifies VAWA Dispute (Alaska Public Radio Network 3/22)