1 Office on Violence Against Women
North American Working Group on Violence
Against Indigenous Women and Girls
Framing Paper
September 2015
September 2016
BACKGROUND
On June 29, 2016, President Obama traveled to Ottawa for the North American Leaders Summit
(NALS) to meet with the President of Mexico and the Canadian Prime Minister to discuss a
variety of topics impacting our shared borders. Among the many commitments announced at the
NALS was a tri-lateral commitment to address the high levels of violence against indigenous
women and girls that exists across North America. This commitment appears in the White House
Fact Sheet on Key Deliverables for the 2016 North American Leaders’ Summit under the
“security and defense” pillar. All three countries agreed that the high levels of violence endured
by indigenous women and girls across the region warrants increased attention and coordination,
resulting in the formation of the new North American Working Group on Violence Against
Indigenous Women and Girls (the Working Group), which will meet for the first time in October
in Washington, D.C.
Across Canada, the United States, and Mexico, indigenous women and girls face alarmingly high
levels of violence and often lack access to justice, health care, and social services. A new report
from the United States Department of Justice (DOJ), National Institute of Justice (NIJ), which
was released in May 2016, found that more than 84% of Alaska Native and American Indian
women had experienced some form of violence in their lifetimes. According to the researchers,
of those women, 66% experienced psychological violence, 56% experienced sexual violence,
55% experienced physical violence from an intimate partner, and 49% experienced stalking.
Despite the grave need for support and protection from this violence, 38% of Alaska Native and
American Indian female victims were unable to access legal, medical, and other services. The
report also found that, among the women who reported experiencing violence in their lifetimes,
97% of victims experienced violence by a perpetrator who was not American Indian or Alaska
Native.
These disturbing statistics underscore the importance of the Special Domestic Violence Criminal
Jurisdiction (SDVCJ) provisions in the 2013 Reauthorization of the Violence Against Women
Act (VAWA), which recognized tribes' inherent power to exercise special criminal jurisdiction
over non-Indian offenders who commit domestic violence, dating violence, or violate certain
protection orders. As the data in the NIJ study show, interracial violence is unacceptably
common in Indian Country and this provision is needed to hold non-tribal offenders accountable
for their crimes.
Regional coordination on the challenges presented by the incidence of this violence across
borders comes at a pivotal time. According to reports by the Royal Canadian Mounted Police,
indigenous women and girls face greater risks of violence and homicide. In recognition of this
situation, the Trudeau government, in partnership with First Nations advocates, has officially
launched a National Inquiry into Missing and Murdered Indigenous Women and Girls. Likewise,
in Mexico, lethal violence against indigenous women and girls is a serious problem. Across Latin
America, including in Mexico, it is estimated that indigenous women and girls are
North American Working Group on Violence
Against Indigenous Women and Girls
Framing Paper
2
September 2015
disproportionately the victims of feminicidios (gender-motivated killings) according to a report
prepared by the United Nations Permanent Forum on Indigenous Issues.
Given the widespread impact of this violence, the governments of Mexico, Canada, and the
United States have resolved to work together as part of the Working Group, with the goals of:
Exchanging knowledge of comprehensive policies, programs and best practices to
prevent and respond to violence against indigenous women and girls through increased
access to justice and health services, with a human rights and multicultural approach;
Enhancing cooperation to address violent crimes against indigenous women and girls,
including human trafficking, residing on or off their tribal, First Nations, and indigenous
lands and across our borders;
Improving the response of our justice, health, education, and child welfare systems to
violence against indigenous women and girls; and
Strengthening the capacity of our health systems to provide culturally-responsive victim
services.
The 2015 Tribal Consultation Report, recently published by the U.S Department of Justice’s
Office on Violence Against Women (OVW), demonstrates that there are a number of challenges
posed by the U.S.-Mexico and U.S.-Canada borders. In preparation for the first Working Group
meeting in October, the Department has developed this framing paper and is seeking input from
tribal leaders through two upcoming listening sessions. These listening sessions will supplement
the information received on an annual basis through OVW’s Tribal Consultation.
The schedule for the listening sessions is below:
1) Conference Call with Tribal Leaders, 3:00 p.m. Eastern Time, September 16, 2016
2) In-person with Tribal Leaders, 9:30 a.m. – 11:30 a.m. Eastern Time, September 28, 2016
Following the first Working Group meeting in October, the Department will share outcomes of
the meeting, as well as solicit tribal input regarding subsequent directions for the Working
Group, at its Eleventh Annual Government-to-Government Tribal Consultation on Violence
Against Women to be held on December 6, 2016 on the reservation of the Agua Caliente Band of
Cahuilla Indians in Palm Springs, California. Information on registering for this annual tribal
consultation on violence against women issues can be found at http://ovwconsultation.org/.
The Department welcomes comments on the issues presented here, as well as on any other issues
regarding violence against indigenous women and girls and the work of the Working Group.
QUESTIONS:
North American Working Group on Violence
Against Indigenous Women and Girls
Framing Paper
3
September 2015
1. (As applicable) What types of challenges in responding to violence against wome n
and girls in your community are presented by shared borders with Canada/Mexico?
For example, do shared borders make it difficult to prevent or respond t o
trafficking of indigenous women and girls or hinder the enforcement of protec tion
orders?
2. (As applicable) What type of interactions have your tribal law enforcement and
victim services programs had with law enforcement and victim services programs in
Canada/Mexico, with regard to domestic violence, sexual assault, stalking, or human
trafficking?
3. Canada has recently officially launched a National Inquiry into Murdered and
Missing Indigenous Women and Girls. What has been the experience of your tribe
with missing Native women and girls and domestic violence homicides, sexual
assault, or trafficking?
4.
In preparing to exchange information with the governments of Canada and Mexico
regarding best practices to prevent and respond to violence against indigenous
women and girls, what policies, programs and practices do you believe should be
highlighted or addressed? Additionally, what barriers, challenges and ongoing
needs do you think should be highlighted, as well as recommendations to address
those needs?