Waterville Maine Amnesty International Group 549

Background Information

1. What is the International Violence Against Women Act?

The International Violence Against Women Act (I-VAWA) is a piece of legislation that was introduced in the 110th U.S. Congress by Senators Joseph Biden and Richard Lugar, Chair and Ranking Member of the Senate Foreign Relations Committee, and in the U.S House of Representatives by Representative Howard Berman, Chair of the House Foreign Affairs Committee. A new Congress started in 2009 and we expect the legislation to be reintroduced.

This bill represents an unprecedented commitment by the U.S. government to address and ultimately end violence against women and girls globally. It would for the first time create a comprehensive approach by the United States to fight violence against women and girls internationally.

Specifically, the I-VAWA directs the U.S. government to create a comprehensive, 5-year strategy to reduce violence in 10-20 diverse countries that have severe levels of violence against women and girls. To achieve this goal, the bill supports programs that have been proven to reduce violence and makes ending violence against women and girls a U.S. diplomatic priority. Importantly, the bill also expands U.S. support and capacity for overseas nongovernmental organizations - particularly women’s nongovernmental organizations - working to end violence against women and girls in their own countries.

2. What can activists do to support the International Violence Against Women Act?

Ask your Senators to support the bill! We look forward to reintroduction of the bill in the new Congress. Ask your Senators to cosponsor the bill after it has been reintroduced.

3. Is violence against women and girls a major problem?

Violence against women includes battering, sexual abuse of female children in the household, dowry-related violence, rape, sexual abuse in school or at work, forced prostitution, so-called honor killings, female genital cutting and other traditional practices harmful to women.

Violence against women is a worldwide human rights violation and a public health epidemic that knows no cultural, national or ethnic boundaries. Approximately one out of every three women around the world has been beaten, coerced into sex, or otherwise abused in her lifetime, according to the United Nations Development Fund for Women.

4. How will women be helped if this legislation is passed?

The International Violence Against Women Act would address the weaknesses of current U.S. funded programs to address violence against women. If implemented, it would support education programs for women and girls, economic opportunities, justice reform so that violence cannot continue with impunity, health services for survivors and programs that challenge the culture that permits harmful practices.

Where is the bill in the legislative process? What happens next?

The bill was introduced by Senators Joseph Biden and Richard Lugar, Chair and Ranking Member of the Senate Foreign Relations Committee, in October, 2007. A companion bill was introduced in the U.S House of Representatives by Representative Howard Berman, Chair of the House Foreign Affairs Committee, in April, 2008.

We look forward to reintroduction of the bill in the new Congress by Committee leadership. After this has happened, we are urging Senators to show their support by cosponsoring the bill.

What is the Tribal Law and Order Act of 2009?

The Tribal Law and Order Act of 2009 (TLOA) is legislation that seeks to address, among other things, the profound failure to protect Native American and Alaska Native Women from sexual violence in the United States. The focus of the legislation is violent crime in Indian Country. Senator Byron Dorgan (D-North Dakota), Chairman of the U.S. Senate Committee on Indian Affairs, and Representative Stephanie Herseth-Sandlin of the House of Representatives, introduced the Tribal Law and Order Act in July 2008. A new Congress started in 2009, and they are expected to reintroduce the legislation in late February 2009.

Is violence against Native American and Alaska Native women and girls a major problem in the US?

Amnesty International’s research confirms that sexual violence against Native American women is at epidemic proportions and that victims are commonly denied justice. The U.S. Department of Justice’s own statistics indicate that Native American and Alaska Native women are more than two and a half times more likely than other women in the U.S. to be raped and 86% of these crimes are committed by non-Native men. Current studies show that 34% of Indian and Alaska Native women will be raped in their lifetimes.

Why is sexual violence against Native American and Alaska Native women at such epidemic proportions in the United States?

The serious conditions that contribute to violent crime including crimes of sexual violence in Indian Country are highlighted in the TLOA and include the following:

· The erosion of tribal authority to respond to crimes of sexual violence, as well as complex tribal, state and federal laws that are so confusing that perpetrators often evade justice entirely.

· Inadequate law enforcement in Indian Country and Alaska Native villages due to chronic underfunding.

· Lack of clear and standardized protocol for treatment of victims of sexual violence from the Indian Health Service (IHS), which is the principal and, in some areas sole, provider of health services for Native American people.

How will the Tribal Law and Order Act address these issues?

To address these and other related issues the Tribal Law and Order Act has established a series of requirements affecting Federal, State and Tribal governments. The legislation would mandate the Department of Justice to:

§ Provide for the establishment of a commission known as the Indian Law and Order Commission to conduct a comprehensive study of law enforcement and criminal justice in tribal communities.

§ Provide for the establishment of a Tribal Advisory Committee consisting of representatives from Indian Tribes to serve as an advisory body to the Commission.

§ Provide technical assistance and training to tribal law enforcement officials to gain access and input authority to utilize the National Criminal Information Center database.

§ Collect, analyze and report data regarding Indian Country crimes on an annual basis.

§ Submit to the Committee on Indian Affairs of the Senate a detailed spending report regarding tribal public safety.

Does TLOA mandate any changes to the health services provided to survivors of violence?

Yes, the TLOA makes the following requirements:

§ The implementation of policies and standardized procedures by the Indian Health Service to respond effectively to sexual assault victims.

§ Development of appropriate victim training programs for Federal and Tribal Law enforcement agencies and Indian Health Service personnel.

What provisions does the TLOA incorporate to ensure that survivors receive justice?

§ The establishment of concurrent jurisdiction at the request of an Indian tribe to prosecute sexual assault violations within Indian country.

§ Setting up a program which would provide grants to Indian tribes for activities in data collection regarding crime in Indian country.

§ Requiring that reports be submitted by law enforcement officials who decline to initiate an investigation of an alleged violation of Federal law in Indian Country.

§ The establishment of the “Office of Indian Country Crime” whose duties include developing, enforcing and administering the application of Federal criminal laws applicable in Indian Country.

How was the Tribal Law and Order Act created?

The drafting of the TLOA Act was a collaborative effort by the Senate Committee on Indian Affairs in consultation with tribal leaders, non-governmental organizations, and Native American experts and advocates on violent crime in Indian Country.