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Space Cowboy
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Congress Reauthorizes Anti-Violence Act
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This Message Is Reprinted Under The Fair Use Doctrine Of International Copyright Law: _http://www4.law.cornell.edu/uscode/17/107.html_ (http://www4.law.cornell.edu/uscode/17/107.html) ************************************************** ************ FROM: INDIAN COUNTRY TODAY NEWSPAPER _http://www.indiancountry.com/content.cfm?id=1096412171_ (http://www.indiancountry.com/content.cfm?id=1096412171) Congress Reauthorizes Anti-Violence Act (javascript:PrintWindow();) Posted: December 30, 2005 by: _Kay Humphrey_ (http://www.indiancountry.com/author.cfm?id=18) / Indian Country Today WASHINGTON - Congress has passed stronger legislation protecting Native women in the reauthorization of the Violence Against Women Act. The House of Representatives and the Senate voted with overwhelming support Dec. 17 to reauthorize the Violence Against Women Act while adding for the first time a tribal title that increases the resources available to tribal governments to combat the abuse of Native women. For tribes, the tribal title is a historic piece of legislation. In the bill, Congress acknowledged that the federal government's trust responsibility creates an obligation to assist tribal governments in protecting Indian women. It further reaffirms tribal sovereignty in allowing tribes to strengthen their own legal remedies against offenders. The bill now goes to President Bush for a signature. Originally passed in 1994, VAWA created the first federal legislation acknowledging domestic violence and sexual assaults as crimes, providing federal resources to encourage community-coordinated responses to combat the violence. Its reauthorization in 2000 improved the foundation established in 1994 by creating a much-needed legal assistance program for victims and expanding the definition of crime to cover dating violence and stalking. ''VAWA contains provisions and support for jurisdictions to address crimes of domestic violence, sexual assault, stalking and dating violence. The reauthorization of the Violence Against Women Act provides for the additional enhancement of programming and support to American Indian and Alaska Native women through the establishment of Title IX 'Safety for Indian Women,' the historic recognition by the federal government of the perpetration of violence against Indian women,'' said Terry Henry, director of the Department of Public Safety for the Eastern Band of Cherokee Indians. ''The purpose of this title is to decrease the incidence of violent crimes against Indian women, strengthen the capacity of Indian tribes to exercise their sovereign authority to respond to violent crimes committed against Indian women and to ensure that perpetrators of violent crimes committed against Indian women are held accountable for their criminal behavior,'' Henry said. Native leaders from the National Congress of American Indians worked diligently on the language of the tribal provision carefully making sure tribes would have sovereignty in tapping legal remedies for domestic violence and sexual abuse as well as increasing monetary resources directed at education, prevention and assisting victims. NCAI President Joe Garcia said: ''The passage of this life-saving legislation has been a top priority of NCAI and I commend congressional leaders and the NCAI Task Force on Violence Against Women for all of the work they have done to make this a reality.'' The tribal provisions included in VAWA 2005 constitute a vital and historic step toward giving tribal governments the tools they need to protect Indian women. ''Statistics clearly show a deeply rooted problem in protecting women in Indian country, and this legislation will give tribal governments the tools they need to protect our women, whom our cultures hold in very high esteem,'' Garcia said. NCAI Recording Secretary Juana Majel said, ''VAWA 2005 recognizes the sovereign authority of Indian tribes to respond to violent crimes committed against Indian women. Respect, not violence, is a fundamental belief that Native peoples have upheld from our very beginnings as nations. ''Lifting the prior restrictions placed upon grants allows tribal governments to turn to this inner strength, the beliefs and practices that held women sacred,'' Majel said. NCAI Executive Director Jackie Johnson said, ''I am very pleased that Congress has formalized the mechanism for effectuating the government-to-government relationship with the Department of Justice by calling on the department to conduct annual consultations with tribal governments and creating a deputy director for tribal affairs in the Office on Violence Against Women. ''NCAI looks forward to working with the OVW to implement the new tribal provisions included in VAWA 2005,'' she said. Edward Reina, director of public safety for the Tohono O'odham Nation, said, ''VAWA 2005 requires the attorney general to permit Indian law enforcement agencies, in cases of domestic violence, sexual assault, and stalking, to enter information into the federal criminal information databases and to obtain information from the databases. ''This change enhances our efforts to include tribal police in the national criminal information sharing system. It will increase safety for Indian women and also safety for tribal law enforcement officers,'' said Reina. According to Justice Department statistics, American Indian women are at high risk of homicide, with homicide being the third leading cause of death for Native women. Of Native women murdered, more than 75 percent were killed by a family member, acquaintance or someone they knew. Seventy percent of American Indians who are the victims of violent crimes are victimized by someone of a different race. In drafting the new legislation, Congress also found that one out of every three Indian and Alaska Native women are raped in their lifetime and experience the violent crime of battery at a rate of 23.2 per 1,000, compared with 8 per 1,000 among Caucasian women. For more information about violence against Indian women or VAWA, visit www.ncai.org or www.sacred-circle.com. Kay Humphrey is a public awareness advocate for Sacred Circle National Resource Center to End Violence Against Native Women.
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