May-June 2015 Tribal News

Page 11

Free Small Business Development Workshop

VAWA Repaired: Tribal Sovereignty Over Family Safety Restored Submitted By: Tribal Court

Native people around the world suffer disproportionate levels of violence. The United States of America (U.S.) is unfortunately no different, with the State of Alaska at the head of this demographic and inter-generational crisis. Central Council responded by drafting its own domestic violence statute based in the traditional Tlingit and Haida values of family safety. The inherent tribal authority to regulate family safety was recognized by the U.S. Congress when it passed the Violence Against Women Act (VAWA) which mandates that all 50 states recognize with full faith and credit tribal court protection orders. Controversy erupted when Congress sought to address the crisis of violence in Native communities by enhancing recognition of tribal court protective orders over non-Natives; for the first time since its passage, the reauthorization of VAWA failed in the Congress of 2012. With a re-doubled lobbying effort VAWA fared better in 2013, eventually reauthorized and signed into law with a number of added tribal protections. However, VAWA 2013 found itself a brand new provision: a special rule excluding Alaska’s tribes from the recognitions and protections available to Lower 48 tribes. This was an ironic exclusion considering Alaska Natives are statistically among the most vulnerable of all the United States populations. This special rule singling out Alaska left Alaska Natives not feeling so special, and the Central Council’s Tribal Assembly, Judiciary Committee, and Office of the President led a unified outcry against the Alaska exclusion. The tribal pushback was successful, eventually convincing the entire Alaska Delegation to work toward rectification. On December 18, 2014, President Barack Obama signed the repeal of the Alaska exclusion, placing Alaska’s tribal courts on equal footing with Lower 48 tribes as full participants in the tribal provisions of VAWA 2013. Alaska tribal courts can exercise full civil jurisdiction to issue and enforce protection orders involving any person, including non-Natives and citizens of other tribes; the repair of VAWA makes clear that Alaska tribal courts can continue to do as they have done since time immemorial, protect their tribal families from all manner of violence regardless of the race or nationality of the perpetrator. Central Council’s statute, “Title 04 - Central Council Tlingit & Haida Indian Tribes of Alaska Child and Family” is available on our website at www.ccthita.org/government/legislative/GoverningDocs. If you or someone you know may benefit from the immediate safety provided by a protection order, please contact our Tribal Court at 907.463.7165 or ljacobs@ccthita.org for assistance with forms and filing.

This is a great opportunity for aspiring entrepreneurs and small business owners! Dates: August 10-11, 2015 Time: 9:00 AM - 4:00 PM Location: VTRC 2329 Hospital Drive Juneau, AK

This workshop is hosted by Business & Economic Development in partnership with RedWind. Class materials and refreshments are provided. For more information, please contact Business & Economic Development at emaass@ccthita.org, 463.7139, or 800.344.1432

Tribal News In an effort to reduce our print and mail costs, Central Council’s Communications program encourages subscribers to sign up to receive notice of our online newsletter in place of receiving a printed newsletter. To sign up, please email your contact information to our Communications program at communications@ccthita.org. To view past issues of our Tribal News, please visit our website: www.ccthita.org/info/newsletters. Questions? Please give us a call at 907.463.7368 or toll free at 1.800.344.1432 or. 11


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