INTER-AGENCY
SUPPORT GROUP
ON INDIGENOUS
PEOPLES’ ISSUES
THEMATIC PAPER towards
the preparation of the
2014 World Conference on
Indigenous Peoples
THE HEALTH OF INDIGENOUS
PEOPLES
JUNE 2014
Thematic Paper on the Health of Indigenous Peoples
The United Nations Inter-Agency Support Group (IASG) on Indigenous Issues aims to strengthen
cooperation and coordination among UN agencies, funds, entities and programmes on indigenous
peoples’ issues and to support the UN Permanent Forum on Indigenous Issues. It also seeks to
promote the effective participation of indigenous peoples in relevant international processes.
At its annual meeting held in October 2013, the IASG decided to develop a set of collaborative
thematic papers to serve as background information and analysis on key issues to contribute to the
process and preparations for the World Conference on Indigenous Peoples.
The preparation of each paper was led by one or more agencies with inputs from other IASG
members. The papers do not present or represent formal, official UN policy positions. Rather, they
reflect the collective efforts of the Inter-Agency Support Group to highlight selected key issues and to
provide substantive materials to inform the Conference, with a view to contributing to the realization
of the rights of indigenous peoples.
*The chair of the IASG rotates annually amongst the participating agencies. The Support Group has
been chaired by the United Nations Children’s Fund (UNICEF) until the end of the 13th session of
the Permanent Forum on Indigenous Issues in May 2014. The Office of the High Commissioner for
Human Rights (OHCHR) is currently holding the chair of the Group. The Secretariat of the
Permanent Forum on Indigenous Issues acts as co-chair of the Support Group.
Contents
Key messages ............................................................................................................................ 1
Background ............................................................................................................................... 2
Analysis ...................................................................................................................................... 3
Conclusion ............................................................................................................................... 10
Acronyms ................................................................................................................................. 10
Key messages
Globally, indigenous peoples suffer from poorer health, are more likely to experience
disability, and reduced quality of life and ultimately die younger than their nonindigenous counterparts.
Indigenous women experience health problems with particular severity, as they are
disproportionately affected by natural disasters and armed conflicts, and are often
denied access to education, land property, and other economic resources.
Differences in infant mortality between indigenous and non-indigenous populations
reflect the structural inequalities of these groups on an international level. Many of the
most widespread causes of mortality among indigenous children are preventable, such
as malnutrition, diarrhea, parasitic infections, and tuberculosis.
Indigenous youth and adolescents face particular challenges in the realization of their
right to health that are often not adequately addressed, including sexual and
reproductive health and rights, and mental health.
Statistical and health data collection is a key challenge in addressing Indigenous health
disparities across the world and within regions.
1
Background
The United Nations has estimated that there are approximately 370 million indigenous peoples
in the world, living across all regions in at least 70 countries.1 There is an enormous diversity of
languages and cultures amongst indigenous peoples. However, an unfortunate commonality
across much of the world’s indigenous peoples is persisting inequities in health status in
comparison to non-indigenous populations. Gaps are not only in health status, but also in many
determinants of health. Data indicates that circumstances of extreme poverty are significantly
more prevalent among indigenous peoples than non-indigenous groups, and are rooted in other
factors, such as a lack of access to education and social services, destruction of indigenous
economies and socio-political structures, forced displacement, armed conflict, and the loss and
degradation of their customary lands and resources. These forces are determined and
compounded by structural racism and discrimination, and make indigenous women and children
particularly vulnerable to poor health. Because of these phenomena, indigenous peoples
experience high levels of maternal and infant mortality, malnutrition, cardiovascular illnesses,
HIV/AIDS and other infectious diseases such as malaria and tuberculosis.
These health inequities are of grave concern from a public health perspective, but also from a
human rights perspective. All peoples have the right to the highest attainable standard of
physical and mental health, and states have the responsibility to promote, protect, and fulfil all
human rights. In addition to being recognized in many international conventions, the right to
health for indigenous peoples is further stipulated in the UN Declaration on the Rights of
Indigenous Peoples, which also recognizes their right to traditional medicines and the
maintenance of their traditional health practices.2 WHO Regional Office for the Americas
(PAHO/WHO)i promotes the rights of indigenous peoples in line with the UN Declaration on the
Rights of Indigenous Peoples. There is a need to increase indigenous participation in the
planning and delivery of health services because “[t]here is a strong correlation between the
health of individuals and communities and the exercise or denial of the right of selfdetermination”ii.
1
UN Permanent Forum on Indigenous Issues, 2009.
United Nations Declaration on Rights of Indigenous Peoples, especially Articles 23 and 24. Found online at:
http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf
2
2
Analysis
The situation described above regarding indigenous peoples has at least three direct
implications for public health: (1) a pervasive violation of the human rights of indigenous peoples
in the countries where they are found, including the rights to self-determination, to nondiscrimination, to health, to life, to education, to food, to culture, to land, and to water, among
others; (2) widespread structural inequalities impact multiple rights and social determinants of
health, creating vulnerability and differing levels of risk exposure in indigenous communities;
and (3) health programs have not had the hoped-for effect in these groups, resulting in the
challenge to understand the local socio-cultural contexts in which heightened mortality and
morbidity occur, and with the aim of designing programs and interventions with the full
participation of the populations concerned that are culturally sensitive and epidemiologically
effective.iii Indigenous peoples’ health is an issue of concern in all countries, independently of
their income. For example, in the Western Pacific Region, Australia and New Zealand are
struggling to close substantial gaps between indigenous and non-indigenous populations in life
expectancy and access to health care.
A comprehensive discussion of health inequities experienced by indigenous peoples around the
world is beyond the scope of this paper. However, discussed herein are (1) some selected
issues regarding the health and well-being of indigenous peoples around the world, with a
particular emphasis on Latin America, (2) ongoing challenges for building health care systems
for indigenous peoples and (3) key messages for further action to enhance the health of
indigenous peoples. The issues discussed here are areas in which PAHO/WHO and other WHO
Regional Offices are conducting relevant work.
1. Selected Heath-Related Issues
1.1 Women’s Health: sexual and reproductive health (SRH), maternal health and other
health issues indigenous women face
Data from demographic and health surveys have highlighted the detrimental situation and failure
to respect the right to health and to life for indigenous women and youth. There are gaps in
equity in comparison with non-indigenous peoples in terms of access to family planning
services, delivery care for pregnant indigenous women as well as immunization coverage and
the prevalence of illnesses associated with higher mortality rates for their children.iv
In addition, as the incidence of other public health issues (such as alcohol and substance
abuse, depression, and suicide) increases, urgent and concerted efforts are needed to improve
the health of indigenous peoples. The growing problem of alcohol consumption in Latin
American countries, especially among women and young people, is recognized and specifically
addressed by PAHO/WHO in the Plan of Action to Reduce the Harmful Use of Alcohol (2011).
In terms of information, it is essential to improve record systems for maternal-infant health in
general, and maternal mortality in particular, by incorporating an ethnic focus in all data sources
and during all stages of information gathering. It is also essential to reinterpret standard
3
indicators through the right to cultural wholeness, ensuring the full participation of indigenous
communities and peoples in these processes.v vi
Indigenous populations are growing rapidly in many countries, and there is a higher child to
adult dependency ration compared to non-indigenous populations.vii
Sexual health is of especially great relevance to indigenous youth and adolescents. The United
Nations Population Fund (UNFPA) notes, “A special mention needs to be made with respect to
indigenous adolescents, given the higher proportion of adolescent maternity that reveals ethnicrelated unequal access to reproductive rights.”viii In Latin America, the proportion of young
mothers in the indigenous population is higher than that of the non-indigenous population. The
countries in this region with the greatest disparity between indigenous and non-indigenous
adolescent mothers are Brazil (27 percent versus 12 percent), Costa Rica (30 percent versus 12
percent), Panama (37 percent versus 15 percent), and Paraguay (45 percent versus 11
percent), respectively.ix This evidences the unequal access to the right to sexual and
reproductive health due to a variety of structural causes: that statistically girls have less
education than boys, a great number live in rural areas with restricted access to health care,
and the lack of culturally appropriate health services, which make it difficult for these young
people to access family planning services.x
The rate of pregnancies for adolescent women in indigenous communities is inextricably linked
to social norms and attitudes regarding sexual protection and family planning. Thus, precautions
against sexually transmitted infections and HIV/AIDS are often forgone, resulting in high rates of
sexually transmitted infections amongst indigenous youth. In Latin America, rates of HIV
infection among women have risen from 4 percent in 1990 to 30 percent in 2007; in countries
like Haiti, Guyana, and Dominican Republic, the rate of infection among adolescent women is
estimated to be at 50 percent.xi
1.2 Infant and Child Mortality among Indigenous Peoples
Despite the significant decline in infant mortality rates in many regions, studies show systematic
heightened mortality for indigenous children in comparison to the rest of the population. For
example, in Latin America, infant mortality among indigenous children is 60 percent greater than
for non-indigenous children (48 per one thousand births compared to 30 per one thousand,
respectively), ranging from 1.11 times higher in Chile to 3.09 times higher than the general
population in Panama.xii Specific studies have documented that children from the Campa
Ashaninka and Machiguenda in Peru, the Wayu of Venezuela, the Tzotzil of Mexico, and the
Xavante in Brazil have a higher risk of death before reaching one year of age than nonindigenous children.xiii xiv
The probability of death of indigenous children varies according to where they reside, often even
according to their village. Generally, the lowest risk is among children who live in cities.
Nevertheless, in certain countries the gap between indigenous and non-indigenous is most
noticeable in urban areas.xv In PAHO/WHO’s 2007 Health in the Americas report, it was stated
that in Bolivia, Ecuador, Guatemala, Mexico and Panama, which have collected information on
ethnic group and mother’s area of residence infant mortality rates are consistently higher among
rural indigenous populations than among their non-indigenous rural peers as well as among
urban indigenous populations.xvi
4
1.3 Mental health
In many countries in the world, indigenous youth and adolescents have poorer mental health
outcomes, and higher rates of disability due to injuries and accidents than their non-indigenous
counterparts. These inequalities and social disparities are interrelated and have negative
implications with regard to the enjoyment of the right to health (access to health services, goods
and facilities, including traditional medicine, clean water, sanitation, and sufficient number of
trained health workers in indigenous communities), and other related human rights such as the
right to physical and mental integrity, to security of person, to education in their own language,
and to benefit from scientific progress on equal basis regarding other populations, among
others.
With regard to depression amongst indigenous young people, the information is insufficient and
more research is necessary; however the data that is available in the region of the Americas
shows that the prevalence of depression is higher amongst indigenous communities than nonindigenous communities. Experiences of colonization, racism, cultural and ethnic
marginalization, tension between traditional and western values, and limited access to
resources and information put indigenous young people at a greater risk of depression and in
some cases suicide.
PAHO/WHO created an Adolescent and Youth Regional Strategy and Plan of Action to enhance
the health and well-being of adolescents, which, in turn, “strengthens national capacity to build
social capital and secure healthy populations during their most economically productive years
and later on in life.”xvii The Plan of Action calls for inter-agency data sharing regarding
indigenous youth and adolescents, gathering information on indigenous adolescents by
developing quality surveys, and creating or enhancing leadership programs, especially among
indigenous youth.xviii
The complex health situation of indigenous peoples in Latin America and the Caribbean is
largely a product of social exclusion, discrimination, poverty, and poor access to health services.
These factors lead to high psychosocial vulnerability, and limited access to mental health
services, especially in rural areas.
Although there is limited epidemiological data regarding the mental health of these populations,
several countries and aboriginal groups are concerned about the lack of answer to their needs,
reflected in terms of high rates of alcohol consumption and high rates of suicide, among other
key problems.
The PAHO/WHO Regional Strategy and Plan of Action on Mental Health (2009) expresses the
need to support countries, and vulnerable and special-needs groups, with special mention to
indigenous populations. In recent years, two projects were implemented by PAHO/WHO
involving indigenous communities in selected countries of Latin America and Canada. The aim
of those projects has been to promote the exchange among representatives of these
communities, in order to identify common areas of interest; to learn how mental health problems
are identified in the socio-cultural context of those groups; and to identify best practices that
take into account respective socio-cultural considerations that may render a western mental
health perspective less effective. The involved communities have shown interest in the
continuation of the projects.
5
1.4 Communicable Diseases: Tuberculosis and Malaria
In 2011, there were 8.7 million reported cases of tuberculosis worldwide; that same year, 1.1
million deaths occurred as a result of the disease.xix Due to poverty and associated issues,
tuberculosis continues to disproportionately affect indigenous peoples around the globe. For
instance, the Guaraní, Bolivia’s third-largest indigenous group, “contract tuberculosis at a rate
that is five to eight times the national average;”xx the Aboriginal population in Canada is about
4.3% of the total Canadian population, but accounts for about 19% of estimated TB disease
burden; xxi and the Kalaallit Nunaat in Greenland are 45 times more likely to get active TB than
the Danish population.xxiiWhilst programs have been designed to combat tuberculosis, it often
does not reach indigenous peoples because of issues related to poverty, poor housing, lack of
access to medical care and drugs, cultural barriers, language differences, and geographic
remoteness.
The WHO Governing Bodies are currently considering a new global strategy and targets for
tuberculosis prevention care and control after 2015. A key pillar of the draft strategy is the
strengthening and expansion of the core functions of TB programs, with a particular emphasis
on outreach services to underserved and vulnerable populations in consultation with
communities and civil society.xxiii
Like many other communicable diseases, malaria affects indigenous peoples disproportionately,
but the degree of concentration is more extreme than for any other health problems in
Southeast Asia, the eastern part of the Indian subcontinent, and the Amazon Region of South
America. This is because malaria vectors there are closely associated with forests, and the
majority of indigenous peoples in those regions inhabit forested areas; traditionally living from
swidden agriculture requiring frequent movement from place to place and use of makeshift
shelters, which further increases exposure. Conditions are getting worse because of increasing
population density and encroachment on traditional lands by non-indigenous peoples, and
corporate economic activities.
Over the last 20 years, the malaria situation among indigenous peoples has improved in most of
these areas for a number of reasons. Deforestation, while having many negative effects, is
associated with less exposure to malaria, although this is seen more in tropical Asia than in
South America.xxiv Insecticide-treated bed nets have been introduced on a large scale and have
been well accepted and shown to reduce risk.xxv Village volunteers have been trained and
equipped with rapid tests for malaria and effective antimalarial medicines.xxvi However, these
advances are partial, and are fragile, because they depend on international financing;
furthermore, emerging artemisinin resistance compromises current antimalarial treatments in
Southeast Asia.xxvii
1.5 Nutrition
Poor nutrition is one of the health issues that most affects indigenous peoples around the world.
The rates of malnutrition for indigenous children in Latin America are double that of the general
population of the region.xxviii In addition to circumstances of extreme poverty, indigenous peoples
suffer from malnutrition because of environmental degradation and contamination of the
ecosystems in which indigenous communities have traditionally lived, loss of land and territory,
and a decline in abundance or accessibility of traditional food sources. These changes in
6
traditional diet, combined with other changes in lifestyle, have resulted in widespread
malnutrition among indigenous peoples. This malnutrition, however, manifests itself differently
depending on the local circumstances. While in some parts of the world malnutrition affects
maternal and infant health and child development, in other regions it contributes to an
increasing prevalence of non-communicable diseases such as obesity, diabetes, and
cardiovascular disease among indigenous peoples.3
The Political Declaration on the Prevention and Control of Non-communicable Diseases,
adopted at the UN General Assembly in 2011, explicitly calls upon all countries to “recognize
where health disparities exist between indigenous peoples and non-indigenous populations in
the incidence of non-communicable diseases and their common risk factors” and urges the
involvement of indigenous peoples in the development and implementation of prevention and
control policies.4
1.6 Disasters
Disasters affect populations differently, depending on many factors such as unsustainable
development practices, environmental degradation, poverty, and climate variability and
extremes. These factors have led to an increase in risk and disaster impact particularly for the
health of indigenous peoples.
There is a critical need for reliable and comprehensive information that analyzes the impact of
hazardous events on indigenous populations and ethnic communities. This will provide a better
understanding of these groups’ perceptions and needs in order to strengthen their capacity to
reduce the risk and better prepare them to respond to disasters.5
PAHO/WHO is exploring ways to protect the health of indigenous populations from the impact of
disasters, while at the same time seeking to mainstream their traditional knowledge of how to
deal with natural and human-made hazards into national disaster-management policies. This
involves their participation in the design, implementation, monitoring and evaluation of disaster
risk reduction and response plans, vulnerability maps, and even legislation, which is typically
prepared at the national level.6
3
Ibid, p. 163
Political Declaration of the High-level Meeting of the General Assembly on the Prevention and Control of Non-communicable
Diseases (2011), p.9. Found online at:
http://www.ncdalliance.org/sites/default/files/rfiles/UN%20HLM%20Political%20Declaration%20English.pdf
5
Shaw, Sharma and Takeuchi (Eds.), Indigenous Knowledge and Disaster Risk Reduction: From Practice to Policy. Nova
Publishers: Kyoto, Japan, 2009.
6
PAHO/WHO, Guidelines for Developing Emergency Simulations and Drills. Washington, DC, 2011, p. 2.
4
7
2. Ongoing Challenges to Health Care Systems
2.1 Lack of Disaggregated Data and of Culturally Relevant Indicators
Collection of health-related data is a key challenge in addressing indigenous health disparities.
There is considerable variation in how indigenous peoples are identified, classified and
enumerated in data sources.xxix Not all countries consistently collect differentiated information on
indigenous peoples, and existing data is often incomplete and of poor quality. This lack of or
poor quality of data undermines the generation of sound evidence-based policies to effectively
address health inequities faced by indigenous peoples. For instance, in several countries in
Asia, a related issue of concern is the lack of birth registration or citizenship documentation
afforded to indigenous individuals, for varying reasons, which limits many indigenous peoples’
access to basic public services, including for health and education. This situation also reportedly
contributes to an increased vulnerability of women and children to trafficking. It is also critical
that indigenous peoples have full and effective participation, and take leadership roles in the
collection, processing, reporting, and use of information that guides decision-making in health
policies and programs.”xxx
One ongoing initiative is the International Group on Indigenous Health Measurement (IGIHM),
which was established in 2004, to improve the quality of collection and uses of health data and
to share it among countries that experience similar issues – namely Australia, Canada, New
Zealand, and the United States. The work of the IGIHM, in collaboration with partners including
WHO, has highlighted the dearth of adequate Indigenous health data in several countries, and
this continues to be the case for many regions and countries across the globe.
2.2 Traditional Health Systems
Traditional health systems in indigenous communities are complex, and are shaped by
indigenous peoples’ historical experiences and worldviews. PAHO/WHO has defined traditional
medicine and indigenous health systems to “include the entire body of ideas, concepts, beliefs,
myths, procedures and rituals (whether explainable or not) connected with the maintenance of
health or health restoration through the treatment of physical and mental illness or social
imbalances in a particular individual, community or people.”xxxi Indigenous traditional health
systems involve health promotion, prevention of illness, treatment and rehabilitation, but differ
from most western health systems in their integral and holistic approach.xxxii
In 2006, WHO estimated that 80 percent of the population in developing countries relies on
traditional healing systems as their primary source of care.xxxiii That said, many indigenous
families address illness with a combination of both traditional and western approaches and
practices, therefore it is critical that these systems achieve complementarity, so that indigenous
peoples have physical and geographical, and financial access to culturally appropriate and
quality health care.xxxiv Creating alliances with traditional healers and incorporating their skills
into national health care systems can help to combat both a lack of access and the distrust of
indigenous peoples in the health care system.xxxv PAHO/WHO resolution CD47.R18 urges its
8
member states to embrace traditional indigenous health systems by including indigenous
peoples at all stages of health care development and implementation, seeking a broader, more
inclusive approach to health care. In regards to traditional health care systems, the resolution
calls on nations to “ensure the incorporation of indigenous peoples’ perspectives into the
attainment of the Millennium Development Goals and national health policies; develop, together
with PAHO/WHO, strategic alliances with indigenous peoples and other stakeholders to further
advance the health of the indigenous peoples; promote the training, education and leadership
development of indigenous healers, and their incorporation in the health system formally, where
appropriate; promote the incorporation of the intercultural approach in the curricula of all training
and degree programs in areas of health and related fields and its implementation in all health
institutions.”xxxvi However, despite recognition of this issue, significant challenges remain to
ensure that traditional health systems are supported and respected, and that western health
systems are able to provide culturally relevant health care and services to indigenous peoples.
2.3 Barriers to Accessing Health Services
Indigenous peoples’ lack of access to adequate health care manifests itself in a variety of ways,
and a human rights-based framework helps to identify barriers to access.
Accessibility is a key component of the right to health, and this is understood as including
physical and geographic accessibility; economic accessibility (affordability); information
accessibility; and non-discrimination in accessing services. In many countries, there are still
significant direct and indirect costs (i.e. transportation, food, accommodation, family care,
medication, and loss of workdays) for health services that prevent or postpone low-income
populations from seeking health care, or that can lead to unacceptable financial hardship. When
affordable health services do exist in indigenous communities, they are often of lower quality
than the services that are available to the non-indigenous population and, as described in the
preceding section, are not always culturally acceptable. In addition, expressions of racism and
other forms of discrimination are widespread, creating an even greater barrier to indigenous
peoples’ access to health services, even when full access to quality health care based on
western medicine is possible. Racism and discrimination in the healthcare system perpetuate
distrust with health care providers and have a negative impact on health outcomes. Indigenous
peoples also often face geographical barriers given that many communities are located in rural,
remote, and seasonally isolated areas. Lack of access to health services for indigenous peoples
is a widespread problem in the Americas for many reasons, which include geographical barriers,
discrimination, stigma, lack of social and cultural adaptation to indigenous health needs, and a
lack of integration of traditional medicine. xxxvii
Of all the barriers faced by indigenous peoples, it is perhaps the cultural barriers that present
the most complicated challenge because there is little understanding of the social and cultural
factors deriving from the knowledge, attitudes, and practices in health of the indigenous
peoples. The bias towards western medicine and intervention can be offensive or inappropriate
for practitioners of traditional medicine. Finding health staff that speak and understand
indigenous languages is difficult, and poor communication between providers and clients, at all
levels, compromises access to quality care. Moreover, indigenous peoples are often
discriminated against in health centers by non-indigenous staff and both fear and distrust
caused by the attitudes and behaviors of health care workers prevent indigenous people from
seeking the health care they need.”xxxviii
9
Conclusion
As part of its Health of Indigenous Peoples Initiative, PAHO/WHO uses a “socio-cultural
analysis approach to harmonize indigenous health systems with state health systems based on
allopathic medicine.”xxxix This approach seeks to encourage recognition, respect and an
understanding of the social and cultural differences between peoples, their knowledge and their
resources to improve health strategies by incorporating their perspectives, medicines, and
therapies into the national health systems. This process requires the application of a legal
framework that facilitates social participation, indigenous practices, and the protection and
conservation of indigenous knowledge and resources. It similarly requires the generation of
knowledge and paradigms that expand conceptual frameworks and facilitate an understanding
of indigenous knowledge, and its incorporation into the training and development of human
resources.
There is an urgent need to develop comprehensive and relevant health strategies that enjoy the
full participation of indigenous peoples. At the same time, an international priority is to reposition
health from a structural social determinants perspective, promoting the collective human rights
of these peoples, eliminating discrimination, and redistributing political and economic power
toward a more diverse and equitable world.xl
Acronyms
AIDS
HIV
IGIHM
PAHO
UNFPA
WHO
Acquired Immune Deficiency Syndrome
Human Immunodeficiency Virus
International Group on Indigenous Health Measurement
Pan American Health Organization
United Nations Population Fund
World Health Organization
i
PAHO/WHO Resolutions CD50.R8, Health and Human Rights and PAHO/WHO CD47.R18, Health of Indigenous
Peoples
ii
DESA, State of the World’s Indigenous Peoples. United Nations: New York, 2009, p.210
Nichter, Global Health: Why Cultural Perceptions, Social Representations, and Biopolitics Matter. Arizona Press, 2008.
iv
CEPAL, PAHO/WHO, UNFPA, Salud materno infantil de pueblos indígenas y afrodescendientes de America Latina: aportes para
una relectura desde el derecho a la integridad cultural. United Nations: New York, 2010, p. 10.
v
DESA, State of the World’s Indigenous Peoples. United Nations: New York, 2009, pp. 210 – 211.
vi
PAHO/WHO, CD47.R18. 2006. Found online at: http://www2.PAHO/WHO.org/hq/dmdocuments/2009/CD47.r18-e.pdf
vii
World Health Report (2010), Background Paper 33: Indigenous Health – Australia, Canada, Aotearoa New Zealand and the
United States – Laying claim to a future that embraces health for us all. Found online at
http://www.who.int/healthsystems/topics/financing/healthreport/IHNo33.pdf
viii
UNFPA, Socio-Cultural Factors that Affect Reproductive Health in Latin America: Emerging Opportunities, Challenges and
Learning on Context, Concept and Practice. United Nations: Bolivia, 2010, p. 70.
ix
CEPAL/UNFPA, Avances y acciones clave para la implementación del Programa de Acción de El Cairo, a 15 años de su
aprobación. Santiago, 2009. Found online at: http://www.cepal.org/publicaciones/xml/5/37385/DDR4.pdf
x
Ibid.
xi
PAHO/WHO, 2011. Found online at:
http://work.PAHO/WHO.org/gdr/_layouts/PowerPoint.aspx?PowerPointView=ReadingView&PresentationId=/gdr/Documents/
HIV-GDR%20Sept%202011.ppt&DefaultItemOpen=1
iii
10
xii
Economic Commission for Latin America and the Caribbean (ECLAC), Information on the Permanent Forum on Indigenous
Peoples Issues and the upcoming UNFPA hosted Inter-agency support group meeting on Indigenous peoples Issues. 2007. Found
online at: http://www.unfpa.org/webdav/site/global/shared/documents/events/2011/IASGBriefingNote.pdf
xiii
Montenegro and Stephens, Indigenous health in Latin America and the Caribbean. “The Lancet,” Vol. 367, June 3, 2006.
xiv
PAHO/WHO, Human Rights and Health: Indigenous Peoples. 2008, p. 2. Found online at:
http://new.PAHO/WHO.org/hq/dmdocuments/2009/tool%20box%2010069_IndigPeople.pdf
xv
CEPAL, PAHO/WHO,UNFPA, Mortalidad infantil y en la niñez de pueblos indígenas y afrodescendientes de América Latina:
inequidades estructurales, patrones diversos y evidencia de derechos no cumplidos. United Nations: New York, 2010. p. 5.
xvi
PAHO/WHO,
Health
in
the
Americas:
2007,
Volume
I.2007,
p.
13.
Found
online
at:
http://www1.PAHO/WHO.org/English/DD/PUB/csp27-stp622-e.pdf
xvii
PAHO/WHO. Adolescent and Youth Regional Strategy and Plan of Action, 2010 – 2018. Washington, DC, 2010. Found online
at:
http://new.PAHO/WHO.org/hq/dmdocuments/2011/Adolescent%20and%20Youth%20Regional%20Strategy%20and%20Plan%
20of%20Action.pdf
xviii
Ibid.
xix
PAHO/WHO, Tuberculosis en las Américas: Reporte Regional 2010.
xx
PAHO/WHO,
Human
Rights
and
Health:
Indigenous
Peoples.
2008,
p.2.
Found
online
at:
http://new.PAHO/WHO.org/hq/dmdocuments/2009/tool%20box%2010069_IndigPeople.pdf
xxi
The Chief Public Health Officer’s Report on the State of Public Health in Canada (2013). Found online at:
http://www.phac-aspc.gc.ca/cphorsphc-respcacsp/2013/tuber-eng.php
xxii
Skifte, Turid Bjarnason (2004). “Tuberculosis in Greenland – Still a problem to bear in mind: development and strategy.”
International Journal of Circumpolar Health, 63 Suppl 2: 225-9.
xxiii
EB134/12 Global strategy and targets for tuberculosis prevention, care and control after 2015 (2013). Found online at:
http://apps.who.int/gb/ebwha/pdf_files/EB134/B134_12-en.pdf
xxiv
Schapira A, Boutsika K. Malaria ecotypes and stratification. Adv Parasitol. 2012;78:97-167. doi: 10.1016/B978-0-12-3943033.00001-3.
xxv
Kolaczinski J, Macdonald M, Meek S. Vector control to eliminate artemisinin resistant malaria in the Greater Mekong
subregion. Lancet Infect Dis. 2014 Jan;14(1):9-11. doi: 10.1016/S1473-3099(13)70320-7.
xxvi
Shah NK, Tyagi P, Sharma SK. The impact of artemisinin combination therapy and long-lasting insecticidal nets on forest
malaria incidence in tribal villages of India, 2006-2011. PLoS One. 2013;8(2):e56740. doi: 10.1371/journal.pone.0056740. Epub
2013 Feb 20.
xxvii
Hewitt S, Delacollette C, Chavez I. Malaria situation in the Greater Mekong Subregion. Southeast Asian J Trop Med Public
Health. 2013;44 Suppl 1:46-72; discussion 306-7. Review.
xxviii
DESA, State of the World’s Indigenous Peoples. United Nations: New York, 2009, p. 22
xxix
World Health Report (2010), Background Paper 33: Indigenous Health – Australia, Canada, Aotearoa New Zealand and the
United States – Laying claim to a future that embraces health for us all. Found online at:
http://www.who.int/healthsystems/topics/financing/healthreport/IHNo33.pdf
xxx
DESA, State of the World’s Indigenous Peoples. New York, 2009, p. 166.
xxxi
PAHO/WHO, Harmonization of Indigenous and Conventional Health System in the Americas: Strategies for Incorporating
Indigenous Perspectives, Medicines, and Therapies into Primary Health Care. Washington, DC, 2002, p. 22. Found online at:
http://new.PAHO/WHO.org/hq/dmdocuments/2009/49-Eng%20IND24.pdf
xxxii
DESA, State of the World’s Indigenous Peoples. United Nations: New York, 2009, p. 257.
xxxiii
PAHO/WHO/WHO, The Health of Indigenous Peoples of the Americas. CD 47/13, 2006. Found online at:
http://www2.PAHO/WHO.org/hq/dmdocuments/2009/CD47-13-e.pdf
xxxiv
DESA, State of the World’s Indigenous Peoples. United Nations: New York, 2009, p. 257.
xxxv
PAHO/WHO, CD47.R18. 2006. Found online at: http://www2.PAHO/WHO.org/hq/dmdocuments/2009/CD47.r18-e.pdf
xxxvi
Ibid; UNDRIP, articles 23 and 24; ILO Convention 169, article 25
xxxvii
Ibid, p. 173.
xxxviii
PAHO/WHO, 2006. Quoted in: DESA, State of the World’s Indigenous Peoples. United Nations: New York, 2009, pp. 173 –
174.
xxxix
DESA, State of the World’s Indigenous Peoples. United Nations: New York, 2009, p. 175.
xl
CEPAL, PAHO/WHO, and UNFPA, Mortalidad infantil y en la niñez de pueblos indígenas y afrodescendientes de América Latina:
inequidades estructurales, patrones diversos y evidencia de derechos no cumplidos. United Nations, 2010. p. 11.
11
Amnesty
International
MAZE OF
INJUSTICE
The failure to protect
Indigenous women
from sexual violence
in the USA
One Year Update
Spring 2008
Amnesty International
Maze of Injustice: The Failure to Protect Indigenous Women from
Sexual Violence in the USA
1 Year Update: Spring 2008
“Maze of Injustice” has brought a face to violence and sexual assault in this country that most people have never
seen before. The cries from the “Grass Roots” women in Indian County are finally being heard throughout the halls
of Congress. Amnesty International and Native women have worked together to bring this issue to the attention of
policy makers. It is now time for those policy makers to make changes that will improve the lives of Native women!”
- Charon Asetoyer, Executive Director, Native Women’s Health Education Resource Center,
South Dakota
On April 24, 2007, Amnesty International issued a report entitled
Maze of Injustice: The failure to protect Indigenous women from sexual
violence in the USA. The report confirmed what Native American and
Alaska Native advocates have long known: that sexual violence
against women from Indian nations is at epidemic proportions and
that survivors are frequently denied justice. As the Amnesty International report demonstrates, this is not simply a public health or criminal justice issue, but a serious human rights issue, that the US
government is obligated to address under internationally recognized
human rights standards.
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 to be raped or
sexually assaulted than women in the USA in general and that 86% of the reported crimes are committed by non-Native men. The AI report found that as a result of barriers including a complex jurisdictional maze and a chronic lack of resources for law enforcement and health services,
perpetrators are not being brought to justice. Native American and Alaska Native women:
!
!
!
May get a police response;
May never have access to a sexual assault forensic examination; and
May never see their case prosecuted.
None of this is inevitable or irreversible. The voices of Indigenous women who have come forward
to speak about these issues send a message of courage and hope that change can and will happen.
Their voices are being heard: Over the past year the issue of violence against Indigenous women has
risen significantly on the political agenda. The Senate Committee on Indian Affairs held three hearings1 and the House Committee on Natural Resources2 also held a hearing on law enforcement in
Indian Country, and specifically included sexual violence. Indigenous advocates, survivors and AI
staff testified at these hearings. On the local level, an AI survey of advocates who provided information for Maze of Injustice found that the report has been useful as to “raise awareness” and to
“begin critical conversations.”
1 Oversight hearing on law enforcement in Indian Country, May 17 2007 (S. Hrg. 110-106); Oversight hearing on law enforcement in
Indian Country, June 21, 2007 (S. Hrg. 110-136); Oversight hearing Examining the Prevalence of and solutions to Stopping Violence
Against Indian Women, September 27, 2007 (S. Hrg. 110-196). All held in Washington D.C.
2 Oversight Hearing on the Needs and Challenges of Tribal Law Enforcement on Indian Reservations, Lower Brule, S.D., June 1, 2007
(Serial No. 110-28)
1
At the federal level, and in each of the three locations3 where AI undertook detailed research and
campaigning, increased pressure and attention, at least in part, resulting from the publication of the
AI report, has led to some specific gains and promising initiatives – for example:
!
In Oklahoma a law was passed allowing access to free sexual assault forensic examinations
(also known as rape kits) for all victims of sexual assault.
!
The Alaska Senate established a Task Force to review the Village Police Safety Officer program. A report was published on February 2008, recommending increasing staffing by enhancing efforts to recruit and retain officers.4
!
In Standing Rock, the town council of McLaughlin approved a zoning application by the
Pretty Bird Woman House to establish a shelter for victims of sexual assault and domestic violence. At the time research was undertaken for the Maze report, there was no shelter on
the reservation.
!
On the federal level, Senator Byron Dorgan (D-ND) Chairman of the Senate Committee on
Indian Affairs developed a concept paper following Senate hearings and meetings with tribal
leaders.5 The paper is an attempt to create a comprehensive plan of action, and lists a number
of proposed solutions to law enforcement issues in Indian Country. Senator Dorgan is reportedly planning to propose legislation based on this paper. The ranking Republican Senator, Lisa Murkowski (R-AK), has also expressed strong interest in seeing that Congress takes
steps to address this issue.
!
The US Senate also passed the Indian Health Care Improvement Act in February 2008 with
an amendment by Senator Johnson (D-SD), mandating that Indian Health Service (IHS)
develop standardized sexual assault policies and protocols, in coordination with tribes, tribal
organizations and the Office on Violence against Women at the Department of Justice.6
!
During the 2008 hearings held by the House Appropriations Committee on the IHS and Bureau of Indian Affairs (BIA) budgets, Congressman Moran (D-VA) raised the issue of violence
against Native American and Alaska Native women. Interest was generated within the Committee to pursue further investigation of the serious problem and marshal additional resources for IHS and BIA to ensure a response to the problem. House Appropriations
Committee staff scheduled a meeting with representatives of IHS, BIA, AIUSA and a Native
American legal expert to discuss how to tackle the issue of violence against Native American
and Alaska Native women on April 17, 2008.
These developments are welcome – in some cases, groundbreaking - steps towards stopping the violence and ensuring that women who experience sexual violence have access to support and justice.
However, concrete changes are still lacking in crucial areas:
!
Adequate and appropriate health services: IHS should immediately adopt and implement national uniform protocols on dealing with sexual violence, and must prioritize the establishment of Sexual Assault Nurse Examiner programs. If IHS fails to adopt strong protocols on
its own, Congress should mandate these initiatives and ensure the IHS has adequate funding
to implement them.
!
Data collection on prosecution of cases: US Attorneys should immediately begin comprehensive data collection, and make it public. If the Executive Office of US Attorneys fails to
3 The Standing Rock Sioux Reservation in North and South Dakota, the State of Oklahoma and the State of Alaska. The locations
were selected to illustrate different policing and judicial arrangements
4 Alaska State Senate Village Public Safety Officers (VPSO) Task Force Report to the Senate, February 1, 2008
5 Senator Byron L. Dorgan, Concept Paper for an Indian Country Crime Bill, U.S. Senate Committee on Indian Affairs, November 7,
2007, Available At: http://www.indian.senate.gov/public/_files/IndianCrimeBillCONCEPTPAPER.pdf
6 S. 1200, 110th Cong. (2008), passed by the Senate and Sent to the House of Representatives, referred to the House Committee
2
on Natural Resources (last checked 2 April 2008)
do so, Congress should mandate these steps.
!
Resolving the jurisdictional maze: The federal government should remove the barriers to justice created by jurisdictional confusion and complexity by directly addressing the complex
rules and legislation.
The urgency of this issue is undiminished: On the ground women are facing many of the same issues
they did one year ago. Local advocates surveyed for this update told AI that they had seen no or only
limited improvements for women in most areas.
At the one year mark of the release of Maze of Injustice, there is significant, even historical, opportunity
for change but there is also real danger that the follow through that is so desperately needed will not happen. It will require working together on all levels to fulfill the promises made.
The legal relationship that exists between the US federal government and tribes (trust responsibility) places on the US government a unique legal obligation to ensure the protection of the
rights and wellbeing of American Indian and Alaska Native peoples. As citizens of particular tribal nations, the welfare and safety
of American Indian and Alaska Native women are directly linked
to the authority and capacity of their nations to address such violence. However, the federal government has steadily eroded
tribal government authority and chronically under-resourced law
enforcement agencies and service providers. The federal government must honor their trust responsibility and take urgent action
to address sexual violence against Indigenous women.
Cindy Pennington, former police officer and chair of the
Alaska Native Women's Sexual Assault Committee. The
Committee, which was formed in 1999 and whose members include the Anchorage Police Department and
Alaska Native organizations, focuses on public education
and prevention. In 2001 the Committee was honored
with a Crime Victims Service Award from the US Department of Justice.
Addressing sexual violence against Native American and Alaska
Native women requires a holistic and integrated approach. In all
efforts by federal and state authorities collaboration and co-operation with Indigenous nations and Indigenous women particular
must be meaningful and ongoing.
This update will present the main achievements of the past year
in more detail and identifies urgent priorities going forward.
Amnesty International hopes that the report, Maze of Injustice,
and this one-year update can contribute to and support the work of the many Native American and
Alaska Native women’s organizations and activists who have been at the forefront of efforts to protect and serve women, and are carrying out important and innovative work to end sexual violence.
3
I.
Data collection
“The Amnesty International report was a wake-up call that the federal government has not been listening
carefully enough to the advocates for our Native women and that’s wrong and needs to change.”
- Senator Lisa Murkowski (R-AK), U.S. Senate Committee on Indian Affairs, Oversight Hearing on Law Enforcement in Indian Country,
June 21 2007
There is still a dearth of specific data about sexual violence against Native women. Limited data currently available impedes the ability to develop responses to crimes of sexual violence against Native
American and Alaska Native women. There is a lack of comprehensive data about the incidence of
the sexual violence as well as about responses by authorities, including the outcomes of the cases
referred for prosecution.
Accomplishments and promising
developments
! Title
IX of the Violence Against Women Act
(VAWA)7 directs the Attorney General to conduct a national baseline study on sexual violence committed against Indigenous women and
to evaluate the effectiveness of tribal, federal,
state and local responses.8 The FY2008 Omnibus Appropriations Act passed by Congress
appropriated $940,000 for this study.9
Remaining concerns
! Title
IX of VAWA also directed the Department of
Health and Human Services to conduct a study
on the number of cases involving violence
against Native American and Alaska Native
women and the cost of providing related health
services. This study has not been funded - AI
found a failure to provide adequate and appropriate health services including forensic examinations.
! According
to newly appointed Director of the
Office of Violence Against Women at the Department of Justice (DOJ), Cindy Dyer, the
baseline study is likely to consist of multiple
projects over a longer period of time. A comprehensive research agenda has as yet not
been prepared, however, a task force to guide
the study was established on March 31, and
their first meeting is reportedly scheduled for
the summer of 2008. 10
! Some
progress has been made in the interim:
a working group is developing comprehensive
outreach to the 562 federally recognized Indian tribes and Alaska Native villages and corporations; developing sampling and research
plans; and releasing a report highlighting existing literature and research on violence
against American Indian/Alaska Native
women as well as criminal justice response.11
7 The Act, first passed by Congress in 1994, is a collection of funding programmes and actions to improve criminal justice and community-based responses to violence against women, including sexual violence. Thanks to the advocacy of Native American and Alaska
Native women, the 2005 version of the Act contains, for the first time, a specific Tribal Title (Title IX).
8 Violence Against Women Act, Public Law No. 109-162, (2005)
4
9 Consolidated Appropriations Act of 2008, Public Law No. 110-161 (2008)
! The
Dorgan concept paper recommends that
US Attorneys (federal prosecutors) be mandated
to file and maintain data on declination reports.
!
The US Attorneys’ Office has not initiated data
collection absent a legislative mandate.
Urgent Next Steps
!
The federal government must fulfill their obligation to ensure that the national baseline
study on violence against Indigenous women, including sexual violence, is conducted.
!
US Attorneys should immediately begin comprehensive data collection, and make it
public: Data should be kept on cases of sexual violence against Native American and Alaska Native women, including the Indigenous or other status of victims and suspects, localities where
offences take place and reasons why a case was declined. It should be mandated that this data
be shared with tribes in a timely manner including the reasons for declinations. Decisions not
to prosecute must be communicated to the survivor and other prosecutors with jurisdiction.
After the destruction of her sexual assault forensic examination,
J was advised to drop her complaint due to lack of evidence.
Since then J has teamed up with AIUSA appearing at hearings in
Washington, DC to make sure that no other Native woman is
forced to drop her complaint due to lack of evidence.
10 U.S. Department of Justice, Office on Violence Against Women, At: http://www.ovw.usdoj.gov/siw.htm
11 Cindy Dyer, Partners in anti-crime, Letter, Indian Country Today, posted March 21, 2008 At: http://www.indiancountry.com/content.cfm?id=1096416878 and Cindy Dyer, Director U.S. Department of Justice, Office on Violence Against Women, Letter to Tribal
leaders, February 19, 2008 At: http://www.ovwtribalconsultation.com/, visited April 10, 2008
5
II.
Police response and prosecutions
Leslie Ironroad, a 21-year-old Native American woman was raped and severely beaten by four men in
February 2003. Her friend told AI that she was transferred to a hospital in critical condition, having
taken an overdose of anti-diabetic medication that she found in the house where she had been raped
with the apparent intention of committing suicide. Rhea said: “she just lay there all beat up, with big
black eyes.” According to Rhea, a Standing Rock Police Department (SRPD) officer came to the hospital and questioned her. Leslie died two weeks after the rape. Rhea says she spoke to the police officer a year later; he told her the rape case was closed. “The perpetrators are still walking around” she
told AI, “I don’t know why.” Interview with Rhea, 2006 (details withheld)
Following the launch of the AI report, the BIA re-opened the investigation into Leslie Ironroad’s case.
According to the SRPD the case is still open, but there are no further updates.12
“The story of what happened to [Leslie] Ironroad, and more importantly what happened to the investigation
of her death, is a window into what is happening on Native American reservations across the country.
Cases like hers are going unreported, uninvestigated and unprosecuted...”
- Laura Sullivan, Rape Cases on Indian Lands Go Uninvestigated, National Public Radio, July 25, 2007
Navajo police reported that of 328 rapes committed on the reservation in 2007, only 17 led to an
arrest. According to Police Chief Jim Benally violent crimes are investigated by the FBI and prosecuted by U.S. attorneys, “so it may take two to four years before an arrest is made.”13
There are frequently lengthy delays in responding to reports of sexual violence against Indigenous
women – and sometimes no response at all. A lack of appropriate training in federal, state and tribal
police forces also undermines survivors’ right to justice. Law enforcement in Indian Country and
Alaska Native villages is chronically under-funded. Even if there is a police response to crimes of
sexual violence, prosecutions are rare due to jurisdictional complexities and because of severe underfunding of tribal courts.
Accomplishments and promising
developments
Training
Funding
! The
! When
Dorgan concept paper proposes to enhance family violence training for tribal and
Federal law enforcement. AI and allies have
further emphasized that sexual violence
should be included in the curriculum.
! In
Oklahoma, as of November 1, 2007 all
police officers who go through the academy
must have 6 hours of Sexual Violence training.14 Advocates whot co-teach the training
told AI that they make sure that they stress
6
Remaining concerns
asked about the low staffing levels of law
enforcement in Indian Country, BIA Director
Patrick Ragsdale said he “expects the situation
to improve with $16 million in new funding that
the Bush administration has proposed, which
would add about 50 new BIA officers.”17 NPR
noted that spread among the 200 tribal jurisdictions, 50 new officers comes out to well below
one per tribe.18
12 Amnesty International interview with Gerald White, Standing Rock BIA Police Chief, April 2, 2008
13 Fax to Amnesty International, Jeanette Dentdale, Statistical Research Analyst, Acknowledged by Orlando D. Bowman, Program
Supervisor, Information Management Section, NPD, April 15, 2008;
Donovan, Alcohol fuels crime increase. Spike in domestic violence cases results in increase in crime statistics, Special to the Times,
April 3, 2008 at http://www.navajotimes.com/news/040308alcohol.php
14Okla. Stat. Ann., tit. 70, sec. 3311.5
how jurisdictional issues greatly affects sexual violence cases.15 AI notes that the patchwork nature of tribal and state land in
Oklahoma means that there are considerable
difficulties in establishing jurisdiction, and
urges an expansion of police training on this
issue.16
! Senator
Dorgan’s concept paper has a number of
proposals for additional grants targeting law enforcement and prosecutors. It is positive that
there are suggestions to increase funding, however, without ongoing funding which is not tied to
federal oversight, the impact may be short-lived
and may not reach the areas where there is the
greatest need.
Working with Indigenous women’s
organizations
! In
the Standing Rock Sioux Reservation, advocates reported that the Standing Rock Police Department (SRDP) chief is now
regularly meeting with, and has expressed his
support for their domestic violence program.
Staffing levels
! Although
they may be the first or only officers
to respond to a crime, Village Public Safety
Officers (VPSOs) are not certified by the
Alaska Police Standard Council. Over 80 per
cent of those who are not afforded trained
and certified law enforcement protection are
Alaska Native.19 As a result, the VPSO program has been criticized as a separate, unequal and insufficient form of law
enforcement.20 In 2007, the Alaska Senate
established a Task Force to review the VPSO
program. A report was published on February
2008, recommending increasing staffing by
enhancing efforts to recruit and retain officers. 21
15 Jennifer McLaughlin, Oklahoma Coalition Against Domestic Violence and Sexual Assault, co-teacher of CLEET classes on sexual
assault, April 2, 2008
16 The Council on Law Enforcement Education and Training (CLEET) reportedly provided “just a passing glance” on jurisdiction at
the time of the publication of Maze. AI interview with Jeanie Nelson, Director of State of Oklahoma Council on Law Enforcement
Education and Training, 26 September 2005
17 The Department of Interior (DOI) reported that the $16 million for the Safe Indian Communities Initiative would primarily target
fighting methamphetamine distribution. $5 million were earmarked to hire and train additional law enforcement officers. According
to the DOI, Congress augmented the amount to $24 million in the final budget. See http://www.doi.gov/initiatives/indian_safe_communities.html and http://www.doi.gov/budget/2008/08Hilites/DH43.pdf
18 Laura Sullivan, Rape Cases on Indian Lands Go Uninvestigated, National Public Radio, July 25, 2007
19 Some 165 off-road communities lack “certified” police officers, 136 of which are Alaska Native villages. Complaint for Declaratory and Injunctive Relief, Alaska Inter-Tribal Council, et al., v State, et al, 25 October 1999
20 Alaska Advisory Committee to the US Commission on Civil Rights, Racism’s Frontier: The Untold Story of Discrimination and Division in Alaska, April 2002
21 Alaska State Senate Village Public Safety Officers (VPSO) Task Force Report to the Senate, February 1, 2008
7
Urgent Next Steps
!
The Federal government must ensure that the chronic under-resourcing of law enforcement agencies and tribal justice systems, is adequately addressed through permanent
funding solutions.
!
All trainings and training materials should be shaped and drafted by Native American
and Alaska Native women experts on family and sexual violence. Sufficient funds for
this training should also be available for tribes.
Standing Rock Sioux Reservation, SD
8
III.
Jurisdiction
“[A]s long as the tribe must depend on the federal government to police and prosecute people on their
own land, anyone who comes here may well be able to rape or assault women … and get away with it.”
- Ron His Horse Is Thunder, Chairman of the Standing Rock Sioux Tribe, July 25, 200722
“Our people are afraid because there are persons committing crimes against us at night and in broad daylight … We have criminals that are simply unafraid of prosecution.”
- Fort Peck Tribal Chairman, A.T. “Rusty” Stafne, Montana, December 200723
The federal government has steadily eroded the authority and capacity of tribal governments to respond to crimes committed on tribal land and has created a complex jurisdictional maze that often
results in perpetrators going free. It is often very confusing to figure out just who has the authority
to address crimes committed against Indian women. This can lead to delays in investigations or no
response at all.
Accomplishments and promising
developments
! Senator
Dorgan’s Concept Paper includes
proposals which address the jurisdictional
maze through enhancing collaboration agreements, trainings, improving collaboration as
well as the liaison role within US Attorney Offices.
Remaining concerns
! Initiatives
to address the jurisdictional maze have
failed to address its root problems, which would
require restoring tribal authority to investigate and
prosecute cases of sexual violence.
! In
Oklahoma, the FBI and the BIA introduced a toll-free number to report crimes committed on tribal
lands, in an effort to “eliminate confusion about what law enforcement agency should respond to
crimes that take place on tribal lands.”24
! However,
there are serious concerns about this program in terms of the safeguards in place for
women as well as the provision of translation services. The hotline, and all such programs, should
be developed and evaluated in collaboration and consultation with tribal nations and Native American
women’s organizations.
Urgent Next Steps
!
The federal government must remove barriers to justice created by jurisdictional confusion
and complexity by:
"
Addressing the jurisdictional challenges created by Oliphant v. Suquamish by recognizing
the concurrent jurisdiction of tribal authorities – thereby re-affirming inherent tribal authority - over all crimes and matters occurring within Indian country.
"
Removing limitations on tribal imposition of incarceration and fines which are currently
restricted by the Indian Civil Rights Act.
"
Making available the necessary funding and other resources to enable tribal authorities to
develop their courts so that they have the capacity to operate effectively and in accordance
with international standards.
22 Laura Sullivan, Rape Cases on Indian Lands Go Uninvestigated, National Public Radio, July 25, 2007
23 Richard Person, “Citizens seek ways to make Fort Peck Reservation a safer place” Great Falls Tribune, December 18, 2007
24 FBI Press Release, October 10, 2007. At http://oklahomacity.fbi.gov/pressrel/2007/oct10_07.htm;
Julie Bisbee, New hotline to report crime on tribal lands, The Oklahoman, October 10, 2007
9
IV.
Ensure Access to Sexual Assault Forensic Examinations
Health service providers have a key role to play both in providing survivors with any medical attention they may need and in documenting sexual violence. Many IHS facilities do not consistently
provide a forensic sexual assault examination. IHS facilities lack clear protocols for treating victims
of sexual violence, are severely under-funded and lack personnel trained to provide services in the
event of sexual violence. In addition there is a need for the IHS to assess how better to support staff
responsible for testifying in court during a prosecution.
Accomplishments and promising
developments
Remaining concerns
Protocols25
! According
! Universal
! The
!A
to the IHS website: “As a result of
this report [Maze of Injustice], the IHS will
help develop a prototype policy on sexual assault that can be used by facilities to help
ensure the provision of best practices and
culturally appropriate medical and supportive
care for victims.”26
Senate passed the Indian Health Care
Improvement Act in February 2008.27 Senator Johnson (D-SD) introduced an amendment mandating that the IHS develop
standardized sexual assault policies and protocols, in coordination with tribes, tribal organizations and the Office on Violence
against Women at the Department of Justice.
Sexual Assault Nurse Examiner (SANE)
programs and personnelcol
! An
IHS initiative to improve health care responses to domestic violence with project
sites in twenty locations, found an alarming
incidence of sexual assault. In response, several of the projects reportedly trained SANEs
who are on call and available for emergency
room care. For other sites, cooperation with
existing sexual assault community resources
protocols have not yet actually been
developed in the year since the release of the report.
companion bill to the Indian Health Care Improvement Act has been introduced in the
House, but has not yet passed. At the time of the
writing of this report, the House version did not
include the language in the Johnson amendment.28
! It
is not clear that there is a commitment at the
national level to ensure that SANEs are available
at IHS facilities across the nation. When questioned by the Senate Committee on Indian Affairs, the former director of IHS, Dr. Charles W.
Grim indicated that “even some of our hospitals
that might be capable of carry out a SANE program … defer to another hospital in their city
that has it” He further noted that, “Those that
aren’t trained to actually do it can hold evidence
you know until state troopers or others you know
or tribal police show up.” .
25 The Department of Justice previously convened national experts to create a recommended protocol for sexual assault forensic
exams which could serve as the basis for IHS protocols – available at http://www.ncjrs.gov/pdffiles1/ovw/206554.pdf.
26 Domestic Violence – Denise Grenier, Rachel Locker, IHS-ACF Domestic Violence Project “The failure to protect Indigenous women
from sexual violence in the USA” Available at: http://www.ihs.gov/MedicalPrograms/MCH/M/obgyn0607_Feat.cfm, visited March 27,
2008.
27 S. 1200, 110th Cong. (2008)
10
28 Indian Health Care Improvement Acts Amendments, H.R. 1328, 110th Cong. (2007)
reportedly was sought to strengthen responses. Project administrators suggest their
experiences can be applied to enhance
health care responses to sexual violence as
well as domestic violence. 29
! Oklahoma
has established the position of a
statewide SANE Coordinator who will be responsible for the recruitment, training and
retention of SANEs.30
!A
survey of IHS Service Units by the Native
Women’s Health Education Resource Center,
found a continuing lack of clarity and standardization regarding sexual assault policies in general
and particularly in regard to emergency contraceptives. Researchers found that “nursing supervisors and nurses… were sometimes unsure of
which department or personnel treat patients in
cases of sexual assault.” The survey also found
that while “many hospitals” are working to implement a policy regarding SANEs, there is still confusion among staff about the role of SANEs.
Reportedly, one respondent explained that SANEs
are not permitted by the federal government.31
Participation of medical personnel in court
proceedings
! An
amendment to the Indian Health Care Improvement Act32 introduced by Senator Johnson mandates the Director of IHS to approve
or disapprove any request for a SANE to provide testimony in court, and to approve it if it
does not violate the policy of the Department
to maintain strict impartiality with respect to
private causes of action33 (If the Director
does not respond within 30 days the request
will automatically be approved).
!A
companion bill has been introduced, but has
not yet passed in the House. At the time of the
writing of this report, the House version did not
include the language in the Johnson amendment.34
Free access to forensic exams
! Oklahoma
passed a bill that allows victims to
access free sexual assault forensic examinations, including victims who do not press
charges immediately. The law went into effect on November 1, 2007. 35
! In
Alaska, victims continue to face serious obstacles including lack of funding for transportation to
locations where forensic examinations may be
performed. A report by the University of Alaska
found that in rural Alaska, rape kits were gathered
in only 26% of all cases, and 38% of cases reported within 72 hours.36
29 The IHS and the Administration for Children and Families (ACF) jointly fund activities in this project. The work is led by multi-disciplinary teams of health service staff and tribal and community domestic violence advocates. Partners include the Family Violence
Prevention Fund (FVPF), Mending the Sacred Hoop Technical Assistance Project and Sacred Circle.
30 State of Oklahoma, 1st Session of the 51st Legislature (2007), Committee Substitute for Housing Bill No. 1649 By: Peterson
(Pam) of the House and Eason McIntyre of the Senate.
31 Gattozzzi, Ellen and Charon Asetoyer, Indigenous Women’s Reproductive Justice. A survey of the availability of PLAN B® and
emergency contraceptives within Indian Health Service, Native Women’s Health Education Resource Center, January 2008
32 S. 1200, 110th Cong. (2008)
33 This appears to suggest that in criminal matters, IHS SANEs would be approved to provide testimony, but this may not be the case
for private civil lawsuits.
34 Indian Health Care Improvement Acts Amendments, H.R. 1328, 110th Cong. (2007)
35 H.B. 1385, 51st Leg., 1st Sess.(Ok. 2007) – incorporated into law: Okla. Stat. Ann., tit. 22, sec. 40.1
36 G. Postle, A. Rosay, D. Wood and K. TePas, Descriptive Analysis of Sexual Assault Incidents Reported to Alaska State Troopers:
2003-2004, Alaska Justice Statistical Analysis Center, Justice Center, University of Alaska Anchorage, 2007, at 44, available at
http://justice.uaa.alaska.edu/research/2000/0601intimatepartnerviolence/0601.02.sexualassault.pdf
11
Urgent Next Steps
!
IHS should immediately adopt and implement standardized policies and protocols in
consultation with Indigenous women’s organizations for handling cases of sexual violence.
!
The federal government should permanently increase funding for the IHS and to tribes
that administer their own health services to improve their response to Indigenous
women survivors of sexual violence, including by prioritizing establishing SANE programs.
!
The IHS should remove all procedural and policy barriers to the prompt and timely
participation of medical personnel who have conducted sexual assault examinations
in court proceedings.
!
The IHS should, in consultation with Indigenous peoples, review current methodologies to obtain data on sexual violence against Indigenous women to ensure that the data
collected is comprehensive and accurate. Data should include the age and Indigenous
or other status of victims and perpetrators, as well as the localities where offences take
place.
V.
Ensure Availability of Support Services for Survivors
Programs run by Native American and Alaska Native women are vital in ensuring the protection
and long-term support of survivors. However, lack of funding is a widespread problem.
Accomplishments and promising
developments
! Maze
of Injustice featured Pretty Bird Women
House on the Standing Rock Reservation as
an example of the struggles facing many shelters servicing Indigenous women. At the time
the report was researched, the program had
no physical location and had severe funding
issues. Following he launch of AI’s report,
bloggers from Daily Kos raised a total of almost $100,000 in support of the program.
The money has allowed PBWH to buy a safe
house - in the vicinity of the police department - on the reservation. In January 2008,
the McLaughlin City Council voted in favor of
allowing a shelter to be established there.
Remaining concerns
! Although
a critical component in an adequate response for Native American and Alaska Native
women, this aspect is often overlooked – very little has been accomplished in this area.
Urgent Next Steps
!
12
Federal and state authorities should support and ensure adequate funding for support
services, including shelters which should provide culturally appropriate, sensitive and
non-discriminatory support.
Road sign in Oklahoma in Cherokee and English.
Some 395,000 Native Americans live in Oklahoma, the second highest total of any state in the USA. However, few Native
American peoples lived there prior to their forced eviction and removal from their original areas of residence by the US government. The process of resettlement, which cost thousands of lives, began in the 1830s and by 1885, more than 30 culturally diverse Native American tribes had been forcibly relocated to present-day Oklahoma. The history of the state has
given rise to a complex map of jurisdictions.
MAZE OF INJUSTICE
The failure to protect Indigenous women
from sexual violence in the USA
One Year Update
Spring 2008
More than one in three Native American or Alaska Native women
will be raped at some point in their lives. Most do not seek justice
because they know they will be met with inaction or indifference.
The report Maze of Injustice, released in 2007 unravelled some of
the reasons why Indigenous women in the USA are at such risk of
sexual violence and why survivors are so frequently denied justice.
Chronic under-resourcing of law enforcement and health services,
confusion over jurisdiction, erosion of tribal authority, discrimination
in law and practice, and indifference – all these factors play a part.
None of this is inevitable or irreversible. The voices of Indigenous
women who have come forward to speak about these issues send
a message of courage and hope that change can and will happen.
At the one year mark of the release of Maze of Injustice, there is
significant, even historical, opportunity for change but there is also
real danger that the follow through that is so desperately needed
will not happen.It will require working together on all levels to fulfill
the promises made.
This update presents the main achievements of the past year in
more detail and identifies urgent priorities going forward.
www.amnestyusa.org/women
Native Education 101:
Basic Facts about American Indian,
Alaska Native, and Native Hawaiian Education
Native Education 101:
Basic Facts about American Indian,
Alaska Native, and Native Hawaiian Education
Contents
Demographics...........................................................................3
Reservations and Native Lands Map ...................................8
Important Community Issues and Concepts ....................10
Educational Issues for Native Students............................. 11
Types of Schools for Native Students ................................12
Indian Education Legislation and
Executive Orders ....................................................................14
Frequently Asked Questions about Indians.....................19
Native Organizations to Know ...........................................23
1
Keeping our
Commitment to
American Indians,
Alaska Natives, and
Native Hawaiians.
Published by the National Indian Education Association in
partnership with the National Education Association.
2
Demographics
s 4HERE ARE FEDERALLY RECOGNIZED TRIBES IN THE 5NITED 3TATES
AND 53 CITIZENS WHO IDENTIlED THEMSELVES AS
HAVING !MERICAN )NDIAN !LASKAN .ATIVE OR .ATIVE (AWAIIAN
ANCESTRY 53 #ENSUS
s 4WELVE STATES HAVE MORE THAN !MERICAN )NDIANS
!LASKAN .ATIVE OR .ATIVE (AWAIIANS INCLUDING #ALIFORNIA
/KLAHOMA !RIZONA .EW -EXICO 7ASHINGTON -ICHIGAN
&LORIDA 4EXAS .EW 9ORK .ORTH #AROLINA (AWAII AND !LASKA
53 #ENSUS
s 4HERE ARE APPROXIMATELY !MERICAN )NDIAN AND !LASKA
.ATIVE STUDENTS IN THE 53 +n SYSTEM 53 $EPARTMENT OF
%DUCATION .ATIONAL #ENTER FOR %DUCATION 3TATISTICS
s !BOUT PERCENT OF ALL !MERICAN )NDIAN AND !LASKA .ATIVE
STUDENTS ATTEND REGULAR PUBLIC SCHOOLS AND PERCENT ATTEND
SCHOOLS ADMINISTERED BY THE 53 GOVERNMENTS "UREAU OF
)NDIAN !FFAIRS ")! A SYSTEM OF SCHOOLS FOR EDUCATING
!MERICAN )NDIAN STUDENTS SPREAD OVER STATES 53
$EPARTMENT OF %DUCATION .ATIONAL #ENTER FOR %DUCATION
3TATISTICS B
s /NLY PERCENT OF !MERICAN )NDIANS AND !LASKAN .ATIVES
HAVE A HIGH SCHOOL DIPLOMA AND ONLY PERCENT HAVE A
"ACHELOR OF !RTS DEGREE 53 #ENSUS
s 4HE NATIONAL GRADUATION RATE FOR !MERICAN )NDIAN HIGH
SCHOOL STUDENTS WAS PERCENT IN THE n SCHOOL YEAR
COMPARED TO PERCENT FOR WHITE STUDENTS %0% 2ESEARCH
#ENTER
3
Demographics
(continued)
s /NLY PERCENT OF !MERICAN )NDIAN MALES AND
PERCENT OF !MERICAN )NDIAN FEMALES GRADUATED WITH A REGULAR
DIPLOMA IN THE n SCHOOL YEAR %0% 2ESEARCH #ENTER
s .EARLY PERCENT OF !LASKA .ATIVES OVER HAD HIGH SCHOOL
DIPLOMAS BY AND PERCENT OF ADULT !LASKA .ATIVES HAD
FOUR YEAR COLLEGE DEGREES 53 #ENSUS
s !MERICAN )NDIAN AND !LASKA .ATIVE STUDENTS WERE MORE LIKELY
THAN STUDENTS OF OTHER RACIAL AND ETHNIC GROUPS TO RECEIVE
SERVICES UNDER THE )NDIVIDUALS WITH $ISABILITIES %DUCATION
!CT )$%! 3PECIlCALLY ABOUT PERCENT OF !MERICAN )NDIAN
AND !LASKA .ATIVE STUDENTS RECEIVED )$%! SERVICES IN
COMPARED TO PERCENT OF WHITE PERCENT OF BLACK PERCENT
OF (ISPANIC AND PERCENT OF !SIAN0ACIlC )SLANDER STUDENTS
53 $EPARTMENT OF %DUCATION .ATIONAL #ENTER FOR %DUCATION
3TATISTICS B
s )N !MERICAN )NDIAN AND !LASKA .ATIVE STUDENTS MADE UP
PERCENT OF THE STUDENT POPULATION BUT JUST PERCENT OF
THE STUDENT POPULATION IN GIFTED EDUCATION 53 $EPARTMENT
OF %DUCATION
s !BOUT PERCENT OF STUDENTS AT ")! SCHOOLS RECEIVE SPECIAL
EDUCATION SERVICES 53 'ENERAL !CCOUNTING /FlCE
4
Demographics
(continued)
s !MERICAN )NDIAN AND !LASKA .ATIVE STUDENTS ARE TIMES
MORE LIKELY TO RECEIVE SPECIAL EDUCATION SERVICES FOR SPECIlC
LEARNING DISABILITIES AND TIMES MORE LIKELY TO RECEIVE SUCH
SERVICES FOR DEVELOPMENTAL DELAYS THAN THE COMBINED AVERAGE
OF ALL OTHER RACIAL GROUPS 53 $EPARTMENT OF %DUCATION /FlCE
OF 3PECIAL %DUCATION 0ROGRAMS
s &IFTEEN PERCENT OF !MERICAN )NDIAN AND !LASKA .ATIVE EIGHTH
GRADERS WERE CATEGORIZED AS STUDENTS WITH DISABILITIES IN
MEANING THEY HAD OR WERE IN THE PROCESS OF RECEIVING
)NDIVIDUALIZED %DUCATION 0LANS COMPARED TO PERCENT OF
ALL NONn!MERICAN )NDIAN AND !LASKA .ATIVE EIGHTH GRADERS
53 $EPARTMENT OF %DUCATION .ATIONAL #ENTER FOR %DUCATION
3TATISTICS
s 4HE NATIONAL GRADUATION RATE FOR !MERICAN )NDIAN HIGH
SCHOOL STUDENTS WAS PERCENT IN THE n SCHOOL YEAR
COMPARED TO PERCENT FOR WHITE STUDENTS %0% 2ESEARCH
#ENTER
5
Reservations and Native Lands
6
7
Important Community Issues and
Concepts
s !MERICAN )NDIANS !LASKA .ATIVES AND .ATIVE (AWAIIANS
ARE THE INDIGENOUS PEOPLES OF THE 5NITED 3TATES 7HILE MANY
.ATIVE PEOPLES HAVE MIGRATED TO DIFFERENT LOCATIONS THEY HAVE
A STRONG ATTACHMENT TO PLACE )N FACT THERE IS ARCHEOLOGICAL
EVIDENCE OF INHABITANTS HERE FOR OVER YEARS WHICH
PREDATES THE LAND BRIDGE THEORY OF MIGRATION FROM !SIA &OR
MANY CENTURIES 0OLYNESIANS NAVIGATED AND SETTLED THROUGHOUT
THE 0OLYNESIAN TRIANGLE
s 4HERE IS TREMENDOUS DIVERSITY WITHIN THE !MERICAN )NDIAN
!LASKAN .ATIVE AND .ATIVE (AWAIIAN POPULATIONS 4HOUGH
!MERICAN )NDIANS AND !LASKA .ATIVES COMPRISE PERCENT
OF THE TOTAL 53 POPULATION THEY MAKE UP PERCENT OF THE
NATIONS LANGUAGES AND CULTURES MANY OF WHICH EXIST NOWHERE
ELSE ON THE FACE OF THIS PLANET
s !MERICAN )NDIANS MAINTAIN A UNIQUE STATUS AS SOVEREIGN
NATIONS WITHIN A NATION DUE TO THE TREATIES SIGNED WITH THE 53
GOVERNMENT WHICH RECOGNIZES TRIBAL RIGHTS AS SOVEREIGN IN
!RTICLE ) 3ECTION CLAUSE OF THE #ONSTITUTION WHERE TRIBES
ARE LISTED ALONG WITH THE OTHER TWO SOVEREIGNS FOREIGN NATIONS
AND THE STATES 4RIBAL STATUS ALSO IS CONlRMED THROUGH THE
TREATY MAKING POWER FOUND IN !RTICLE )) OF THE #ONSTITUTION
s !MERICAN )NDIANS AND !LASKA .ATIVES HAVE STRUGGLED TO
REGAIN THEIR RIGHT OF SELF DETERMINATION AND GOVERNANCE AND
TO EXPAND THEIR OPPORTUNITIES FOR SOCIAL EDUCATIONAL AND
ECONOMIC DEVELOPMENT .ATIVE (AWAIIANS ARE SEEKING FEDERAL
RECOGNITION TO BEGIN THE PROCESS OF SELF DETERMINATION AND
GOVERNANCE THROUGH FEDERAL LEGISLATION
8
Educational Issues for
Native Students
s 4HE LANGUAGES AND CULTURES OF !MERICAN )NDIANS !LASKA
.ATIVES AND .ATIVE (AWAIIANS ARE UNIQUE AND TOO MANY
INDIGENOUS LANGUAGES ARE IN JEOPARDY OF DISAPPEARING
ALTOGETHER 4HE (AWAIIAN LANGUAGE IS A SINGLE UNIFYING
LANGUAGE FOR THE EIGHT ISLANDS OF (AWAII 0OLICY AND RESOURCES
ARE NEEDED TO RESTORE AND PRESERVE INDIGENOUS LANGUAGES AND
CULTURES
s 4HERE IS AN INCREASING NEED FOR QUALITY TEACHERS IN ALL PUBLIC
FEDERALLY FUNDED AND TRIBAL SCHOOLS WHERE NATIVE CHILDREN
ARE ENROLLED $UE TO RURAL ISOLATION LOW TEACHER SALARIES HIGH
POVERTY AREAS AND DIFFERENCES IN LANGUAGES AND CULTURES IT IS
DIFlCULT TO RETAIN A TEACHERS IN SCHOOLS SERVING .ATIVE STUDENTS
&URTHER THE NEED FOR SPECIAL EDUCATION TEACHERS IS GROWING
SINCE THE REPRESENTATION OF SPECIAL EDUCATION FOR .ATIVE
STUDENTS IS PERCENT IN MANY SCHOOLS ALMOST DOUBLE THE REST
OF THE STUDENT POPULATION AT PERCENT
s .ATIVE SCHOOLS CONTINUE TO BE PLAGUED BY SAFETY CONCERNS
WITH SUSPENSION AND EXPULSION RATES SECOND ONLY TO !FRICAN
!MERICAN STUDENTS AND THEY HAVE THE HIGHEST PERCENTAGE
OF ALL GROUPS TO REPORT INJURIES WITH WEAPONS AND lGHTS ON
SCHOOL GROUNDS )N PERCENT OF !MERICAN )NDIAN AND
!LASKA .ATIVE HIGH SCHOOL STUDENTS REPORTED BEING THREATENED
OR INJURED WITH A WEAPON ON SCHOOL GROUNDS IN THE PREVIOUS
TWELVE MONTHS COMPARED TO PERCENT OF BLACK PERCENT OF
(ISPANIC AND PERCENT OF WHITE STUDENTS 53 $EPARTMENT OF
%DUCATION .ATIONAL #ENTER FOR %DUCATION 3TATISTICS
9
Types of Schools for Native Students
Public Schools on Tribal Lands
0UBLIC SCHOOLS ON TRIBAL LANDS ARE FUNDED BY INDIVIDUAL STATES
AND ARE SUBJECT TO STATE STANDARDS AND ASSESSMENTS 4HESE
SCHOOLS ARE OPERATED AND FUNDED LIKE THE PUBLIC SCHOOLS THAT ARE
NOT LOCATED ON TRIBAL LANDS 0UBLIC SCHOOLS ON AND NEAR TRIBAL
LANDS DO RECEIVE FEDERAL IMPACT AID DOLLARS TO PARTIALLY REDRESS
THE EFFECT OF TRIBAL TRUST LANDS ON STATE AND LOCAL TAX REVENUES
Bureau of Indian Affairs Schools
4HERE ARE ONLY TWO EDUCATION SYSTEMS FOR WHICH THE FEDERAL
GOVERNMENT HAS DIRECT RESPONSIBILITY $EPARTMENT OF $EFENSE
SCHOOLS AND FEDERAL AND TRIBALLY OPERATED SCHOOLS THAT SERVE
!MERICAN )NDIAN STUDENTSTHE "UREAU OF )NDIAN %DUCATION
")% AT THE $EPARTMENT OF )NTERIOR ")% WAS RECENTLY ESTABLISHED
THROUGH REORGANIZATION OF WHAT HAD BEEN THE EDUCATION
RESPONSIBILITIES OF THE "UREAU OF )NDIAN !FFAIRS ")!
4HE FEDERAL GOVERNMENTS RESPONSIBILITY FOR THE EDUCATION
OF .ATIVE PEOPLES CAME ABOUT IN RESPONSE TO SPECIlC TREATY
RIGHTS AS WELL AS NUMEROUS STATUTES COURT DECISIONS AND OTHER
COMMITMENTS ")% HAS THE RESPONSIBILITY FOR ELEMENTARY AND
SECONDARY SCHOOLS AND DORMITORIES AS WELL AS SOME OF THE TRIBAL
COLLEGES LOCATED ON RESERVATIONS IN STATES AND REPRESENTING
DIFFERENT TRIBES
BIE Operated Schools ARE "UREAU OF )NDIAN %DUCATION OPERATED
AND FUNDED ELEMENTARY SECONDARY DAY OR BOARDING SCHOOLS OR
"UREAU OPERATED DORMITORIES FOR STUDENTS ATTENDING A SCHOOL
OTHER THAN A "UREAU SCHOOL
10
Types of Schools for Native Students
(continued)
Tribal Contract or Grant Schools ARE ELEMENTARY SCHOOLS
SECONDARY SCHOOLS OR DORMITORIES THAT RECEIVE OPERATING FUNDS
UNDER A CONTRACT OR GRANT WITH ")%")! UNDER THE )NDIAN 3ELF
n$ETERMINATION AND %DUCATION !SSISTANCE !CT ; 53# ET
SEQ= OR UNDER THE 4RIBALLY #ONTROLLED 3CHOOLS !CT OF ;
53# ET SEQ=
Tribally Controlled Community Colleges ARE LOCATED ON OR NEAR
RESERVATION COMMUNITIES TO PROVIDE POST SECONDARY LEARNING
OPPORTUNITIES FOR !MERICAN )NDIAN AND !LASKA .ATIVE STUDENTS
4HERE ARE CURRENTLY
11
Indian Education Legislation and
Executive Orders
s Johnson-O’Malley (JOM) Act (1934): 4HIS LAW WAS CREATED AS A
BASIC FEDERAL AID PROGRAM WITH FUNDS PRIMARILY EARMARKED FOR
EDUCATION BUT THEY COULD BE USED FOR OTHER PURPOSES SUCH AS
MEDICAL ATTENTION AGRICULTURAL ASSISTANCE AND SOCIAL WELFARE
s PL 81-874 (1958): 4HIS LAW AMENDED */- TO INCLUDE ASSISTANCE
FOR EDUCATING )NDIAN CHILDREN AND THE *OHNSON /-ALLEY
PROGRAM BECAME A SUPPLEMENTAL AID PROGRAM
s Special Senate Subcommittee on Indian Education (1969): 4HIS
COMMITTEE ISSUED A lNAL REPORT )NDIAN %DUCATION ! .ATIONAL
4RAGEDYA .ATIONAL #HALLENGE THAT FOCUSED NATIONAL ATTENTION
ON THE EDUCATIONAL SITUATION OF !MERICAN )NDIAN AND !LASKA
.ATIVE STUDENTS
s Indian Education Act (1972): %STABLISHED THE /FlCE OF )NDIAN
%DUCATION WITHIN THE 53 $EPARTMENT OF %DUCATION AS WELL AS
THE .ATIONAL !DVISORY #OUNCIL ON )NDIAN %DUCATION 6ARIOUS
PARTS OF THE !CT AUTHORIZED A FORMULA PROGRAM AND SEVERAL
COMPETITIVE GRANT PROGRAMS FOR )NDIAN CHILDREN AND ADULTS
s PL 93-380 (1974): 4HIS LAW AMENDED THE )NDIAN %DUCATION !CT TO
ADD A TEACHER TRAINING PROGRAM AND A FELLOWSHIP PROGRAM
12
Indian Education Legislation and
Executive Orders
(continued)
s Tribally Controlled Community College Assistance Act of
1978, ALSO KNOWN AS THE 4RIBAL #OLLEGE !CT IS THE LEGISLATION
THAT AUTHORIZES 4ITLE ) CORE OPERATIONAL FUNDS FOR 4RIBAL
#OLLEGES 4ITLE )) CORE OPERATIONAL FUNDS FOR $INE #OLLEGE
4ITLE ))) 4RIBAL #OLLEGE ENDOWMENT GRANTS AND 4ITLE )6
COMMUNITY ECONOMIC DEVELOPMENT AND SUPPORT )N ADDITION
FUNDS ARE AUTHORIZED FOR FACILITIES RENOVATION AND TECHNICAL
ASSISTANCE
s PL 100-297 (1988): 4HIS LAW MADE ")! FUNDED SCHOOLS ELIGIBLE
TO APPLY FOR FORMULA GRANTS AND CREATED AN AUTHORIZATION FOR
GIFTED AND TALENTED EDUCATION
s Native Hawaiian Education Act (1988): 4HIS LAW SUPPORTS
THE AUTHORIZATION AND DEVELOPMENT OF INNOVATIVE EDUCATIONAL
PROGRAMS TO ASSIST .ATIVE (AWAIIANS )T WAS REAUTHORIZED AS
4ITLE 6)) 0ART " OF THE .O #HILD ,EFT "EHIND !CT
s Native American Languages Act, PL 101-477(1990): 4HIS
LAW SUPPORTS THE USE OF .ATIVE !MERICAN LANGUAGES AS A
MEDIUM OF INSTRUCTION IN ORDER TO ENCOURAGE AND SUPPORT
.ATIVE !MERICAN LANGUAGE SURVIVAL EDUCATIONAL OPPORTUNITY
INCREASED STUDENT SUCCESS AND PERFORMANCE INCREASED STUDENT
AWARENESS AND KNOWLEDGE OF THEIR CULTURE AND HISTORY AND
INCREASED STUDENT AND COMMUNITY PRIDE
13
Indian Education Legislation and
Executive Orders
(continued)
s PL 102-524 (1992): 4HIS LAW AMENDS THE .ATIVE !MERICAN
,ANGUAGES !CT TO PROVIDE FOR GRANTS TO ASSIST .ATIVE
!MERICANS IN ASSURING THE SURVIVAL AND CONTINUING VITALITY OF
THEIR LANGUAGES
s PL 103-382 (1994): 4HIS LAW REAUTHORIZED THE )NDIAN %DUCATION
!CT AS 4ITLE )8 0ART ! OF %3%! 4HE REAUTHORIZATION OF THE
FORMULA GRANTS WAS AMENDED TO REQUIRE A COMPREHENSIVE PLAN
TO MEET THE ACADEMIC AND CULTURALLY RELATED ACADEMIC NEEDS OF
!MERICAN )NDIAN AND !LASKA .ATIVE STUDENTS
s Alaska Native Educational Equity, Support, and Assistance
Act (1994): 4HE PURPOSE OF THIS ACT IS TO RECOGNIZE THE
UNIQUE EDUCATIONAL NEEDS OF !LASKA .ATIVES AUTHORIZE THE
DEVELOPMENT OF SUPPLEMENTAL EDUCATIONAL PROGRAMS TO BENElT
!LASKA .ATIVES SUPPLEMENT EXISTING PROGRAMS AND AUTHORITIES
IN THE AREA OF EDUCATION AND PROVIDE DIRECTION AND GUIDANCE
TO APPROPRIATE FEDERAL STATE AND LOCAL AGENCIES TO FOCUS
RESOURCES INCLUDING RESOURCES MADE AVAILABLE UNDER THIS ACT
TO MEET THE EDUCATIONAL NEEDS OF !LASKA .ATIVES 4HIS LAW WAS
REAUTHORIZED AS 4ITLE 6)) 0ART # OF THE .O #HILD ,EFT "EHIND
!CT OF
s Executive Order on Tribal Colleges and Universities .O
WAS INITIALLY ISSUED /CTOBER BY 0RESIDENT
#LINTON WITH 0RESIDENT "USH SIGNING A SECOND ON *ULY
.O 4HE %XECUTIVE /RDER REAFlRMS THE IMPORTANT ROLE
14
Indian Education Legislation and
Executive Orders
(continued)
4RIBAL COLLEGES PLAY IN RESERVATION DEVELOPMENT BY DIRECTING
ALL &EDERAL DEPARTMENTS AND AGENCIES TO INCREASE THEIR SUPPORT
TO THE COLLEGES 4HE %XECUTIVE /RDER IS AN IMPORTANT REMINDER
THE TRIBAL COLLEGES ARE CONSTITUENTS OF THE ENTIRE &EDERAL
GOVERNMENT AND ELEVATES THE PROlLE AS ACCREDITED HIGHER
EDUCATION INSTITUTIONS
s President’s Executive Order on Indian Education (2000): !S
A RESULT OF THE 7HITE (OUSE #ONFERENCE ON )NDIAN %DUCATION
THE %XECUTIVE /RDER WAS DESIGNED TO ESTABLISH FEDERAL INTER
AGENCY COORDINATION OF ALL )NDIAN EDUCATION INCLUDING
RESEARCH AND REGIONAL FORUMS FOR STATE LEVEL COORDINATION
s PL 107-110 Indian Education (2001): 4HIS LAW WAS
REAUTHORIZED AS 4ITLE 6)) 0ART ! OF THE .O #HILD ,EFT "EHIND
!CT 4HE FORMULA GRANTS WERE TO BE BASED UPON THE CHALLENGING
STATE CONTENT STANDARDS AND STUDENT ACADEMIC ACHIEVEMENT
STANDARDS USED FOR ALL STUDENTS 4HE GRANTS WERE TO ASSIST
)NDIAN STUDENTS IN MEETING THOSE STANDARDS
s President’s Executive Order on American Indian and Alaska
Native Education, No. 13336 (2004): 4HIS %XECUTIVE /RDER
WAS DESIGNED TO ASSIST !MERICAN )NDIAN AND !LASKA .ATIVE
STUDENTS IN MEETING THE CHALLENGING STUDENT ACADEMIC
STANDARDS OF THE .O #HILD ,EFT "EHIND !CT IN A MANNER THAT IS
CONSISTENT WITH TRIBAL TRADITIONS LANGUAGES AND CULTURES
15
Indian Education Legislation and
Executive Orders
(continued)
s Esther Martinez Native American Languages Act, PL 109394 (2006): 4HIS LAW PROVIDES FOR GRANTS FOR .ATIVE LANGUAGE
IMMERSION SCHOOLS LANGUAGE NESTS AND LANGUAGE RESTORATION
PROGRAMS
s Head Start Act (1965): 4HE (EAD 3TART !CT AUTHORIZES THE
)NDIAN (EAD 3TART PROGRAMS WHICH OPERATE ON OF THE
FEDERALLY RECOGNIZED TRIBES
16
Frequently Asked Questions about Indians
What is federal recognition?
s &EDERAL RECOGNITION OF AN )NDIAN TRIBE INVOLVES OFlCIAL
ACKNOWLEDGEMENT BY THE 53 OF THE POLITICAL STATUS OF THAT
TRIBE AS A GOVERNMENT -EMBERS OF A FEDERALLY RECOGNIZED
TRIBE ARE ELIGIBLE FOR FEDERAL PROGRAMS DESIGNED TO FULlLL THE
FEDERAL hTRUST RESPONSIBILITYv TO TRIBES INCLUDING THOSE OFFERED
FOR )NDIAN PEOPLE BY THE )NDIAN (EALTH 3ERVICES 4HE PROCESS
OF ATTAINING FEDERAL RECOGNITION IS LONG COMPLEX EXTREMELY
DIFlCULT AND DOES NOT NECESSARILY GUARANTEE SUCCESS
What is the trust responsibility?
s 4HE FEDERAL TRUST RESPONSIBILITY DERIVES FROM THE lDUCIARY
RELATIONSHIP BETWEEN THE 53 AND )NDIAN TRIBES WHICH HAS
BEEN LIKENED IN COURT CASES TO THE RELATIONSHIP BETWEEN A
TRUSTEE AND A BENElCIARY 3INCE THE 53 HOLDS THE VAST MAJORITY
OF )NDIAN LANDS MONEY AND RESOURCES IN hTRUSTv STATUS IT IS
REQUIRED TO MANAGE THOSE LANDS AND RESOURCES IN A MANNER
MOST BENElCIAL TO THE TRIBES AND INDIVIDUAL )NDIAN PEOPLE
s What is the government-to-government relationship?
4HE GOVERNMENT TO GOVERNMENT RELATIONSHIP BETWEEN )NDIAN
TRIBAL GOVERNMENTS AND THE 53 GOVERNMENT HAS EXISTED SINCE
THE FORMATION OF THE 53 AND HAS BEEN REAFlRMED BY EVERY
PRESIDENT SINCE 2ICHARD .IXON 4HE 53 GOVERNMENT AND ALL OF
THE EXECUTIVE AGENCIES HISTORICALLY DEALT AND CONTINUE TO DEAL
WITH )NDIAN TRIBES NOT AS SPECIAL INTEREST GROUPS OR INDIVIDUALS
BUT AS THEY TREAT THE STATESAS GOVERNMENTS
Source: National Congress of American Indians, Indian Country 101
17
Frequently Asked Questions about Indians
(continued)
s 7HAT IS TRIBAL SOVEREIGNTY
0RIOR TO THE ARRIVAL OF %UROPEANS )NDIAN TRIBES ENJOYED ALL THE
RIGHTS OF ANY SOVEREIGN POWER WITHIN THEIR TERRITORIES 4HROUGH
THE COURSE OF %UROPEAN EXPANSION AND THE ESTABLISHMENT
OF THE 53 THOSE POWERS HAVE BEEN PARTIALLY DIMINISHED
.OTABLY HOWEVER IN ALMOST EVERY CASE IF #ONGRESS HAS
NOT ACTED EXPRESSLY TO DIMINISH THE SOVEREIGN POWER OF A
TRIBE THAN THE TRIBE RETAINS THAT POWER #ONGRESS ALSO MAY
EXPRESSLY REAFlRM INHERENT POWERS OF TRIBES AND HAS DONE SO IN
RECOGNIZING CERTAIN POWERS OF TRIBES IN ENVIRONMENTAL STATUTES
4ODAY TRIBES HAVE SUBSTANTIAL POWER TO REGULATE TRIBAL LAND
TAXES ZONING RESOURCES AND THE CONDUCT OF TRIBAL MEMBERS
4RIBES ALSO RETAIN POWER IN CERTAIN SITUATIONS TO REGULATE THE
CONDUCT OF NONMEMBERS INCLUDING NON )NDIANS ALTHOUGH
THE JURISDICTIONAL BOUNDARY HAS BEEN SUBJECT TO SUBSTANTIAL
ADJUSTMENT IN RECENT FEDERAL COURT CASES AND REMAINS ONE OF THE
MOST LITIGATED AREAS IN FEDERAL )NDIAN LAW
s 7HAT IS MEANT BY SELF DETERMINATION AND SELF GOVERNANCE
&IRST DEVELOPED UNDER 0RESIDENT .IXON IN CONSULTATION WITH
)NDIAN TRIBAL LEADERS THE )NDIAN 3ELF $ETERMINATION AND
%DUCATION !SSISTANCE !CT WAS SIGNED BY 0RESIDENT &ORD IN
4HIS ACT PROMOTES THE CONTRACTING BY )NDIAN TRIBES OF
FEDERAL PROGRAMS ENACTED FOR THE BENElT OF )NDIAN PEOPLE !S
A RESULT FOR THE PAST YEARS TRIBES HAVE BEEN CONTRACTING TO
OPERATE PROGRAMS DIRECTLY AT THE TRIBAL LEVEL -ORE RECENTLY
SELF GOVERNANCE POLICIES HAVE BEEN ENACTED ENABLING TRIBES TO
ENTER INTO ONE AGREEMENT WITH THE $EPARTMENT OF THE )NTERIOR TO
MANAGE AND REDESIGN ")! AND WITH THE $EPARTMENT OF (EALTH
AND (UMAN 3ERVICES WITH REGARD TO )NDIAN (EALTH 3ERVICE
PROGRAMS RATHER THAN TO ENTER INTO SEPARATE CONTRACTS FOR EACH
PROGRAM
18
Source: National Congress of American Indians, Indian Country 101
Frequently Asked Questions about Indians
(continued)
s $OES THE FEDERAL GOVERNMENT PAY ALL EXPENSESHEALTH CARE
HOUSING AND COLLEGE TUITIONFOR INDIVIDUAL )NDIANS
)N GENERAL NO 4HE FEDERAL GOVERNMENT PROVIDES BASIC HEALTH
CARE FOR ALL )NDIAN PEOPLE THROUGH THE )NDIAN (EALTH 3ERVICE
5NFORTUNATELY THESE HEALTH PROGRAMS HAVE BEEN INADEQUATELY
FUNDED FOR MANY DECADES AND )NDIAN PEOPLE HAVE THE WORST
HEALTH STATUS OF ANY GROUP IN THE COUNTRY AS A RESULT 4HE
$EPARTMENT OF (OUSING AND 5RBAN $EVELOPMENT PROVIDES
SOME HOUSING ON )NDIAN RESERVATIONS BUT )NDIANS HAVE THE
HIGHEST RATE OF HOMELESSNESS AND OVERCROWDING 4HE FEDERAL
GOVERNMENT PROVIDES SOME EDUCATIONAL ASSISTANCE TO TRIBAL
COLLEGES BUT HIGHER EDUCATION GENERALLY IS NOT PROVIDED AND
REMAINS BEYOND THE REACH OF MOST )NDIAN PEOPLE
s $OES THE FEDERAL GOVERNMENT PAY FOR )NDIAN EDUCATION
4HERE ARE APPROXIMATELY !MERICAN )NDIAN AND !LASKA
.ATIVE STUDENTS ATTENDING +n PROGRAMS IN THE 53
OF THESE ATTEND PUBLIC SCHOOLS WHILE ATTEND ")%
FUNDED SCHOOLS 7ITHIN THE ")% SCHOOL SYSTEMONE OF ONLY
TWO FEDERALLY OPERATED SCHOOL SYSTEMSFUNDING FOR )NDIAN
SCHOOLS IS THE SOLE RESPONSIBILITY OF THE FEDERAL GOVERNMENT
WHILE BOTH STATE AND FEDERAL RESOURCES PROVIDE PUBLIC SCHOOL
EDUCATION FUNDING ,OCAL EDUCATION AGENCIES ,%!S AND
THEIR SURROUNDING COMMUNITIES ALSO HAVE THE ABILITY TO
PASS BOND INITIATIVES IN ORDER TO BUILD OR REPAIR LOCAL SCHOOL
BUILDINGS 4RIBAL AND ")! SCHOOLS ON THE OTHER HAND MUST
RELY ON THE FEDERAL GOVERNMENT TO ENSURE THAT THEIR ACADEMIC
AND CONSTRUCTION NEEDS ARE BEING MET ! BACKLOG OF NEARLY
BILLION IN SCHOOL CONSTRUCTION AND IMPROVEMENT NEEDS AS WELL
AS SHORTFALLS IN CLASSROOM AND ADMINISTRATION DOLLARS SPEAK TO
THE NEED FOR INCREASED FEDERAL COMMITMENT TO SUPPORT THE ")%
SCHOOL SYSTEM
Source: National Congress of American Indians, Indian Country 101
19
Frequently Asked Questions about Indians
(continued)
s 7HAT IS THE 4RIBAL #OLLEGES AND 5NIVERSITIES -OVEMENT
4HE lRST TRIBAL COLLEGE WAS ESTABLISHED IN IN RESPONSE
TO UNMET HIGHER EDUCATION NEEDS OF !MERICAN )NDIANS
4RIBAL COLLEGES AND UNIVERSITIES 4#5S GENERALLY SERVE
GEOGRAPHICALLY ISOLATED POPULATIONS THAT HAVE NO OTHER
MEANS OF ACCESSING EDUCATION AT THE POST SECONDARY LEVEL
!S A RESULT THEY ARE ESSENTIAL IN PROVIDING EDUCATIONAL
OPPORTUNITIES FOR !MERICAN )NDIAN STUDENTS 4#5S PROVIDE
HIGHER EDUCATION THAT IS UNIQUELY TRIBAL 4HEY STRIVE TO
PROVIDE CULTURALLY RELEVANT CURRICULA EXTENDED FAMILY SUPPORT
SYSTEMS AND COMMUNITY EDUCATIONAL SERVICES TO OVERCOME THE
SOCIOECONOMIC CHALLENGES THAT FACE MANY !MERICAN )NDIANS
#URRENTLY THE 4#5S OFFER TWO YEAR ASSOCIATE DEGREES IN
MORE THAN MAJORS TO NEARLY STUDENTS WITH SIX
COLLEGES OFFERING BACCALAUREATE DEGREES AND TWO OFFERING
MASTERS DEGREES !DDITIONALLY APPROXIMATELY VOCATIONAL
CERTIlCATE PROGRAMS ARE OFFERED THROUGH TRIBAL COLLEGES
4HE !MERICAN )NDIAN (IGHER %DUCATION #ONSORTIUM !)(%#
SERVES AS THE COLLECTIVE AND UNIFYING VOICE OF THE COLLEGES
AND UNIVERSITIES !)(%# PROVIDES LEADERSHIP AND INmUENCES
PUBLIC POLICY ON !MERICAN )NDIAN HIGHER EDUCATION ISSUES
THROUGH ADVOCACY RESEARCH AND PROGRAM INITIATIVES PROMOTES
AND STRENGTHENS INDIGENOUS LANGUAGES CULTURES COMMUNITIES
AND TRIBAL NATIONS AND THROUGH ITS UNIQUE POSITION SERVES
MEMBER INSTITUTIONS AND EMERGING 4#5S
20
Source: National Congress of American Indians, Indian Country 101
Native Organizations to Know
National Indian Education Association
-ARYLAND !VENUE .% 3UITE
7ASHINGTON $#
PHONE
WWWNIEAORG
United South and Eastern Tribes, Inc.
3TEWARTS &ERRY 0IKE 3UITE
.ASHVILLE 4.
PHONE
WWWUSETINCORG
American Indian Higher Education Consortium
/RONOCO 3TREET
!LEXANDRIA 6!
PHONE
FAX
WWWAIHECORG
National Congress of American Indians
#ONNECTICUT !VE .7 3UITE
7ASHINGTON $#
PHONE
FAX
WWWNCAIORG
.ATIONAL )NDIAN (EAD 3TART $IRECTORS !SSOCIATION .)(3$!
0 / "OX
.ORMAN /+
PHONE
FAX
INFO THREEFEATHERSCOM
National Indian Impacted Schools Association
7APATO 3CHOOL $ISTRICT
0 / "OX
7APATO 7!
PHONE
FAX
BGISH MAHNOMENKMNUS
21
Native Organizations to Know
(continued)
National Indian School Board Association
0 / "OX
0OLSON -4
PHONE
FAX
#ARMEN?TAYLOR SKCEDU
American Indian Graduate Center
3PECIAL (IGHER %DUCATION 0ROGRAM
-ONTGOMERY .%
!LBUQUERQUE .-
PHONE
FAX
WWWAIGCCOM
National Johnson O’Malley Association
#ARLA -ANN 3ECRETARY
0/ "OX
&ORT 7ASHAKIE 79
0HONE
&AX
WWWNJOMACOM
Native Hawaiian Education Association
0/ "OX
(ONOLULU ()
WWWNHEA.ET
Native Hawaiian Education Council
WWWNHECORG
Alaska Federation of Natives
# 3TREET 3UITE
!NCHORAGE !+
0HONE
&AX
!&.)NFO .ATIVE&EDERATIONORG
WWWNATIVEFEDERATIONORG
22
Notes
23
Notes
24
1201 16th Street, N.W.
Minority Community Outreach
Washington, DC 20036
09.07.82937.KC
1.
The United Nations Declaration on the Rights of Indigenous Peoples states that “Indigenous
individuals have an equal right to the enjoyment of the highest attainable standard of physical and
mental health. States shall take the necessary steps with a view to achieving progressively the full
realization of this right”, thus affirming the basic human right to life and health that is guaranteed
under international human rights law. State of the World's Indigenous Peoples
After viewing Homeland – four portraits of native action and viewing the PBS video, discuss the
health and/or human rights issues involved in each. Also, look at the the website for the Institute for
Environmental Tribal Professionals and discuss one part of the site or one environmental issue that
you feel is important to highlight.
https://www.pbs.org/newshour/show/perus-indigenous-people-call-environmental-protections
http://www7.nau.edu/itep/main/Home/
2.
"Boarding schools and other practices have often been aimed at assimilating
indigenous children into the dominant culture and society. These policies were partly
based on a racist notion that indigenous cultures were inferior and that indigenous
children would benefit from being assimilated into the dominant culture, language and
society. These assimilationist policies uprooted children from their heritage, tore
families apart and decimated whole communities. The victims of these policies were
left without a sense of belong...
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