Senator Akaka Introduces Bill To Protect Native Women From Domestic Violence And Sexual Assault

U.S. Senate Indian Affairs Committee Chairman Daniel K. Akaka (D-Hawaii) has introduced S.1763, the Stand Against Violence and Empower Native Women (SAVE Native Women) Act. The bill would provide Indian Country with jurisdiction over non-Indians who commit crimes on Indian lands, improve the Native programs under the Violence Against Women Act (VAWA), and improve data gathering programs to better understand and respond to sex trafficking of Native women.

Senators Al Franken (D-Minnesota), Tom Udall (D-New Mexico), Daniel K. Inouye (D-Hawaii), Mark Begich (D-Alaska), Patty Murray (D-Washington), Tim Johnson (D-South Dakota), Jeff Bingaman (D- New Mexico), Jon Tester (D-Montana) and Max Baucus (D-Montana) are cosponsors of the bill.

"According to a study by the Department of Justice, two-in-five women in Native communities will suffer domestic violence, and one-in-three will be sexually assaulted in their lifetime. To make matters worse, four out of five perpetrators of these crimes are non-Indian, and cannot be prosecuted by tribal governments. This has contributed to a growing sense of lawlessness on Indian reservations and a perpetuation of victimization of Native women," said Senator Akaka.

"American Indian women suffer disproportionately from domestic violence and sexual assault, and the Violence Against Women Act must be updated to more effectively address their unique needs," said Senator Franken.

"This legislation works to ensure services are available to survivors of assault in native communities, repair a fragmented criminal justice system, and give tribes more power to prosecute those who are committing such heinous crimes against women," said Senator Udall.

"By strengthening tribal jurisdiction we are empowering our Native communities with the tools they need to fight back against instances of violence," said Senator Begich.

"We cannot let the next generation of young Native women grow up as their mothers have-in unbearable situations that threaten their security, stability, and even their lives," said Senator Akaka.

"With the introduction of this legislation, the sponsors are sending a clear message that Congress intends to build on the incredible momentum of VAWA to ensure that the epidemic of violence against Native women will end in our lifetime," said Sarah Deer, Amnesty International's Native American and Alaska Native Advisory Council Member.

"Senator Akaka's SAVE Native Women Act has the potential to restore safety and justice for American Indian and Alaska Native women. It offers American Indian tribes the opportunity to increase life-saving protections for women living within tribal jurisdiction," said Terri Henry, Co-chair of the National Congress of American Indians (NCAI) Task Force on Violence Against Women.

"This is an epidemic. It is unacceptable. And, we must stand against it," said Senator Akaka. "I am committed to working with the co-sponsors, tribal leaders, NCAI and others who diligently work to protect at-risk Native women, to pass this much needed legislation."

Senator Akaka's floor statement introducing the bill is available HERE

An audio file of Senator Akaka's comments is available HERE.

Recognition Or Secession? US House Votes For Native Hawaiian Sovereignty

(Allposters.com)

By a vote of 245-164, the United States House of Representatives has passed the Native Hawaiian Government Reorganization Act. If subsequently passed by the Senate and signed into law by the President, the Act would transfer a percentage of public-owned lands to a native Hawaiian government within the state of Hawaii. The legislation would collect some 400,000 ethnic Hawaiians scattered across the country into a newly affiliated tribe, eventually endowed with the powers of a sovereign state, including freedom from state taxes and regulations and separate police power.

"The passage of the Native Hawaiian Government Reorganization Act is an important milestone for all the people of Hawaii," said U.S. Senator Daniel K. Akaka, the bill's author. "We have a moral obligation, unfulfilled since the overthrow of Queen Liliuokalani, that we are closer to meeting today.  I am optimistic about bringing the bill to the Senate floor this year."

If enacted into law in its current form, the Act would:

Establish the U.S. Office for Native Hawaiian Relations within the Office of the Secretary of the Interior.

Establish the Native Hawaiian Interagency Coordinating Group.

Recognize the right of the Native Hawaiian people to reorganize the single Native Hawaiian governing entity to provide for their common welfare and to adopt appropriate organic governing documents.

Establish a Commission to: (1) prepare and maintain a roll of the adult members of the Native Hawaiian community who elect to participate in such reorganization; and (2) certify that the adult members of the Native Hawaiian community proposed for inclusion on the roll meet the definition of Native Hawaiian.

Outline the process for the reorganization, which includes forming a Native Hawaiian Interim Governing Council.

Reaffirm the special political and legal relationship between the United States and the Native Hawaiian governing entity upon certification required by the Secretary regarding the organic governing documents and the election of the entity's officers.

Extend federal recognition to the governing entity as the representative governing body of the Native Hawaiian people.

Authorize the United States, upon the reaffirmation of such political and legal relationship, together with the state of Hawaii, to enter into negotiations with the governing entity to lead to an agreement addressing specified matters, including the transfer of lands, natural resources, and other assets, and the protection of existing rights related to such lands or resources.


Opposition to the bill has arisen from numerous quarters. Hawaii’s Governor Linda Lingle has withdrawn her previous support and stated: “This structure will, in my opinion, promote divisiveness and litigation rather than negotiation and resolution.” During a Congressional hearing in 2009, U.S. Civil Rights Commission member Gail Heriot asked Congress: "If ethnic Hawaiians can be accorded tribal status, why not Chicanos in the Southwest? Or Cajuns in Louisiana?"