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Restoration Magazine Jan 2022

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January 2022 | Volume 18 | Issue 4

SPECIAL EDITION ON MISSING AND


MURDERED INDIGENOUSOctober
WOMEN2021 | Volume 18 | Issue 3
Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 1
as the Indigenous People of the Hawaiian Islands. Each
of the 6 points offer foundational direction to address
violence against Indigenous women strategically.

Together, we organized the 2021 National Week of


Action for Missing and Murdered Indigenous Women
and Girls culminating in the May 5th National Day of
Awareness for MMIWG. This national organizing was Restoration of Native Sovereignty and Safety for Native

About the
Women Magazine, 2003-2022
based on a shared Indigenous worldview to explain the During the reauthorization process of the Violence
spectrum of violence and crisis of MMIWG not as the Against Women Act in 2005, several national

Restoration Special
organizations came together to take a stand for the
result of single separate acts, but a continuum of violence safety of Native women: Sacred Circle National Resource
condoned by the United States through systemic legal Center to End Violence Against Native Women, Clan

Edition on Missing
Star, Inc., the National Congress of American Indians,
and policy barriers directed at the destruction of Indian and the National Task Force to End Sexual and Domestic
Nations since contact. This Indigenous worldview Violence. It was recognized that to fully participate in

and Murdered
the national movement to create the changes needed to
also provides a source of inspiration and a collective increase safety for Native women, broad communication
knowledge that the shared cultural beliefs of respect and was essential. Restoration of Native Sovereignty and

Indigenous Women
Safety for Native Women emerged to fulfill this task.
spirituality can restore and strengthen the sacred status
held by women within their Nations. Restoration is a publication dedicated to informing
Tribal leadership and communities of emerging issues
impacting the safety of American Indian and Alaska
The crisis of MMIW is not new; what is new is Native women. The name of the magazine reflects
the grassroots strategy of the Task Force that by
the national recognition of this crisis by the federal strengthening the sovereignty of Indian Nations to hold
Dear Friends, government. This political change is the result of perpetrators accountable the safety of Native women
will be restored. The magazine is a joint project of the
grassroots organizing efforts by the families, advocates, National Congress of American Indians Task Force on
The National Indigenous Women’s Resource Center communities, and Indian Nations of MMIW. In this Violence Against Women and the National Indigenous
(NIWRC) was created to continue a legacy of organizing Women’s Resource Center. It is produced and made
Special Edition of Restoration, we highlight joint efforts available during national NCAI conventions and the
to uphold the sacred status and restore safety to Indigenous Artwork by Danielle Fixico. to honor MMIW and call for justice for Indigenous annual USDOJ Tribal Consultation on VAWA. This MMIW
women. Tillie Black Bear (Sicangu), a founding mother Special Edition of Restoration is the first special edition.
women to share examples of organizing actions we
of NIWRC, is considered the grandmother of the Native implementation of the original Violence Against Women hope will spread across all communities during the 2022 Editor
and non-Native battered women’s movement. From the Act in 1995 and during each subsequent reauthorization National Week of Action culminating into the National Mallory Adamski
late 1970s until her passage in 2014, Tillie dedicated to win historic victories for Indian Nations and Native Day of Awareness for MMIW on May 5th. Content Editor
her life to restoring the safety of Native women by women. Jacqueline “Jax” Agtuca
strengthening the sovereignty of Indian Nations. Rising and standing together, we can end the crisis of Managing Editor
NIWRC continues this organizing based on a shared With the generous non-federal financial support of The violence against Indigenous women! Zinaida Carroll
Indigenous worldview, understanding the foundation of Vadon Foundation, NIWRC is able to pursue and expand
NIWRC Staff Contributors
the current spectrum of violence against Native women an uncensored analysis of the systemic barriers to safety In prayer and strength, Lucy Simpson, Executive Director; Rose M. Quilt, Director
as ongoing systemic legal barriers imposed over time for Native women and organize for foundational change of Policy and Research; Kerri Colfer, Senior Native Affairs
Advisor; Paula Julian, Senior Policy Specialist; Amy Sparck,
through colonization. outside government restrictions and oversight. Policy Specialist; Tang Cheam, Director of Information and
Technology.
Ahéhee’,
The crisis of Missing and Murdered Indigenous Women The NIWRC began its projects funded by The Vadon Organizational Contributors
(MMIW) is the extension of colonization through the Foundation in January 2021. Building upon the Alaska Native Women’s Resource Center, Indian Law
Resource Center, Pipestem & Nagle Law, Pouhana O’
systemic denial of the full authority of Indian Nations years of collaborative efforts, our staff facilitated the Na Wahine, National Congress of American Indians,
Lucy Simpson, Esq.
to self-government and the withholding of the federal formation of two distinct national working collectives: Diné
StrongHearts Native Helpline, Alliance of Tribal Coalitions
to End Violence.
government resources essential to lifesaving services, as a National Partners Work Group on Missing and Executive Director
well as the fostering of a social tolerance of disrespect Murdered Indigenous Women and Girls made up of Published by the

and violence toward women. For more than two decades, six long-standing national sister organizations working
the establishment of a consistent, grassroots strategy of to address violence against Indigenous women, and a Mvto,
“increasing safety by strengthening sovereignty” has Family Advisory Group of family members impacted
resulted in landmark changes to federal Indian law and by MMIW to continually inform our advocacy. The
increased resources to provide lifesaving services and National Partners developed a 6-Point Action Plan to Cherrah Giles Comments?
Reform Current Systemic Barriers and Restore Safety of Mail to: Restoration Magazine, NIWRC,
protections for Indigenous women. Many of NIWRC’s Muscogee Nation
P.O. Box 99, Lame Deer, MT 59043
staff and board members organized using this strategy for Indigenous Women, including Native Hawaiian Women Board Chair Email to: restoration@niwrc.org
Contents | Special Edition | Volume 18 | Issue 4
82 Calling for Change: Senate Committee
on Indian Affairs Oversight Hearings

84 Resources for the 2022 National Week


6 A Call to Action 48 Justice for Laverda - Our Mother: Gone, of Action for MMIW
but Never Forgotten
8 6-Point Action Plan to Reform Current
Unity in Action: National Partner
Systemic Barriers and Restore Safety of 52 Justice for Hanna - A Conversation with
Indigenous Women Malinda Limberhand Statements

9 Rising for Justice for MMIW 55 A Mother’s Journey for Justice: For 86 National Congress of American Indians
Her Daughter and All MMIWG and Their
10 By the Numbers: 2021 National Week of Families 87 Fixing a Broken System - NCAI
Action for MMIWG Resolution on Missing and Murdered Native
58 Justice for Daisy Mae Women and Girls
11 2022 National Week of Action for MMIW
Schedule of Events Organizing Actions for Justice 88 Alaska Native Women’s Resource
Center
Understanding the Crisis of Missing 61 Building a National Movement to
Restore Safety for Indigenous Women 89 When a Loved One Is Taken Too Soon:
and Murdered Indigenous Women Looking to Alaska Native Culture and
64 Memorial Walks and Rallies: Calling for Healing Practices to Strengthen our
14 Addressing Structural Inequalities Communities
Endangering Native Women Justice for MMIWG 2006-2021

66 Running for Justice for MMIR: Creating 92 Missing and Murdered Indigenous
18 Understanding the MMIW Crisis Beyond Women: An Action Plan for Alaska Native
Individual Acts of Violence Space for Missing and Murdered Relatives,
Their Families, and Those Taken by COVID-19 Communities

24 The Federal Trust Responsibility and 93 Not Invisible Act Consultation,


MMIW 68 National Vigils: Honoring Missing and
Murdered Indigenous Women September 10, 2021: Statement of Catherine
Edwards, Central Council Tlingit and Haida
28 The Response of Congress to the Indian Tribes of Alaska
MMIWG Crisis 69 Local Vigils: A Local Vigil for Savanna
LaFontaine-Greywind
97 Pouhana ‘O Nā Wahine
30 The Not Invisible Act Implementation
70 Today I Wear Red: Local Organizing for
the First National Day of Awareness for 98 Hō’onipa’a o Nā Wāhine Hawai’i: To
34 The Failed Response of State Justice Plant Firmly Hawaiian Women
Agencies to Investigate and Prosecute MMIWG
MMIW Cases 101 Indian Law Resource Center
72 Social Media: Raising Awareness through
39 NIWRC MMIW State Legislative Tracker Virtual Platforms
102 A Human Rights Response to the
74 Art for Justice: Shifting the Cultural MMIWG Crisis in the United States:
Voices of the Families of MMIW International Law and the Movement to
Balance to Respect and Awareness
End Violence Against Indigenous Women
42 Who Speaks for Us? When Media and to Address MMIWG
Coverage Fails the Voiceless, It’s On Us to 76 Films for Justice: Building Awareness to
Speak our Truth about MMIWG Create Change
105 StrongHearts Native Helpline

44 Justice for Kaysera: Sovereign Bodies 78 The War Cry Podcast: The Crisis of
MMIWP Demands We Come Together - Four 106 Centuries of Missing and Murdered
Institute, NIWRC, and Pipestem Law Unite Indigenous Relatives: How Domestic and
in Call for Justice for Kaysera Stops Pretty Yakama Perspectives
Sexual Violence Intersects with MMIR
Places Native-Centered Resources Artwork by Danielle Fixico.
A Join our united call to action and help grow the

CALL
groundswell of our grassroots movement to hold all
systems and sectors of our societies accountable!

TO
We urge the United States, state, and local governments We must tell policymakers at the federal, state, local, and
to reaffirm and support Indigenous protective systems as international levels and communities around the world
outlined by our national partner collective in our 6-Point that enough is enough. As Tillie Black Bear (Sicangu),
Action Plan to Reform Current Systemic Barriers and grandmother of our movement for safety, said:
Restore Safety of Indigenous Women.

ACTION
“I remember as a little girl laying on top of a slope
The crisis of violence against Indigenous women as a sentry watching for agents to warn our parents
and missing and murdered Indigenous women must and the elders doing ceremony. Our spirituality was
continue to be brought into the public’s awareness made illegal, outlawed.”
to increase the accountability of social, political,
economic, and government systems and responses. The movement for the safety of Native women
We call on the mainstream and local media to avoid emerged in the 1970s as American Indian and Alaska
harm and be culturally sensitive and transparent when Native sisters acted to help each other seek safety. The
building relationships with families impacted by movement continues to develop as American Indian and
Organizing the 2022 National MMIWG. Indigenous women and girls deserve to have Alaska Native Tribes and Native Hawaiians join together
their humanity preserved when their stories are told in to resist violence perpetrated against women.
Week of Action for Missing and the media, and their families must be treated with the
Murdered Indigenous Women utmost respect and compassion. Missing and murdered Join our united call to action and help grow the
Indigenous women and their families deserve justice. groundswell of our grassroots movement to hold all
systems and sectors of our societies accountable!
In response to the family’s actions and demands for Nearly 46 million people worldwide heard the grassroots A National Week of Action for Missing and Murdered
justice following the disappearance and murder of calls for justice during the National Week of Action for Native Women (MMIW) provides a process for public Lucy Simpson (Diné), Executive Director, National
Hanna Harris at the Northern Cheyenne Reservation in Missing and Murdered Indigenous Women and Girls, healing and accountability for this crisis and honors those Indigenous Women’s Resource Center
2013, the Montana Congressional Delegation led the April 29-May 5, 2021. Such an organized groundswell is who have gone missing or been murdered. It is essential Juana Majel-Dixon (Pauma-Yuima Band of Luiseno
work to pass the first Senate resolution declaring May an important factor in creating the political will to effect on the broadest level to acknowledge the historic and Mission Indians) & Shannon Holsey (Stockbridge-
5th as the National Day of Awareness for Missing and social changes that Indigenous women urgently need. ongoing, current human suffering and death that global Munsee Community Band of Mohican Indians), Co-
Murdered Native Women and Girls (MMIWG) in 2017. colonization has brought to Indigenous women. Violence Chairs, National Congress of American Indians Task
Force on Violence Against Women
Turning our grief into action, we call upon congressional, against Indigenous women is preventable.
Despite this declaration on May 5th, 2017, Native state, local, and international policymakers to address Robert T. Coulter (Potawatomi), Executive Director,
women continue to be murdered at alarming rates. In the foundational reforms required to address MMIW We call on all those concerned for the safety of Native Indian Law Resource Center
response, Native families and Indigenous communities beyond individual cases. women to organize at the local, Tribal, state, national,
Tami Truett Jerue (Anvik Tribe), Executive Director,
across Indian country, Alaska, and Hawaii are calling for and international levels to support the 2022 National Alaska Native Women’s Resource Center
justice and reforms to dismantle the systemic barriers The crisis of MMIW is the culmination of a spectrum Week of Action culminating in a National Day of
impacting the safety of Native women and to increase of violence perpetrated disproportionately against Awareness for Missing and Murdered Indigenous Rosemond Keanuenue Pettigrew (Native Hawaiian),
support for protections as defined by Indigenous voices, Indigenous women—it reflects the intersection of Women on May 5, 2022. Systemic changes are needed President, Board of Directors, Pouhana ‘O Nā Wahine
languages, and teachings. These Indigenous calls for domestic violence, sexual assault, trafficking, and many across all systems and sectors of societies–including the Dawn Stover (Cherokee), Executive Director, Alliance of
justice and reforms date as far back as first contact by other crimes. These crimes occur due to a long history public (governmental), private (business/corporations), Tribal Coalitions to End Violence
Western governments and are reflected in Indigenous of government policies, programs, and laws that create nonprofit, educational, health care, and mainstream
acts of resistance and self-defense throughout history. conditions that leave Indigenous women more vulnerable Lori Jump (Sault Ste. Marie Tribe of Chippewa Indians),
media sectors.
Director, StrongHearts Native Helpline
to such crimes than other women.
6 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 7
6-Point Action Plan to Reform Current
Systemic Barriers and Restore Safety of Rising for Justice
Indigenous Women
By the National Indigenous Women’s Resource Center, Indian Law for MMIW
A Call for Foundational and
Resource Center, Pouhana ‘O Nā Wahine, Alaska Native Women’s Resource
Center, StrongHearts Native Helpline, and the Alliance of Tribal Coalitions
to End Violence

Traditionally, like the land, Indigenous women were respected and held sacred within their Indigenous
Permanent Change
Nations. Colonization eroded this status and dehumanized Indigenous women, destroying original
protections within their communities. The current spectrum of violence against Indigenous women is
intertwined with systemic barriers embedded within the U.S. federal government. These barriers developed Attention to the crisis of Missing and Murdered By changing the rules, the legitimacy of individuals who
as the U.S. seized the homelands and natural resources of Indigenous peoples, forcibly removed and Indigenous Women (MMIW) is exploding nationally abuse their authority and do not serve Native women
relocated Indigenous people, and created living conditions where women are vulnerable to violence. To and internationally. will be exposed and prevented.
fully address the current crisis of violence against Indigenous women, these systemic barriers must be
removed and the sacred status of women restored. To that end, we urge the U.S. government to reaffirm A “crisis” by definition typically shocks the senses. The The 6-Point Action Plan is a pointed statement that the
and support Indigenous protective systems by: families and communities of MMIW have felt this shock crisis of MMIW occurs in the context of a spectrum of
since contact —the loss, the grieving, and the reality that violence against Indigenous women. A spectrum resting
• Restoring the full authority of American Indian and Alaska Native Nations to protect Indigenous “help is not coming.” on the laws and policies of the United States toward
women, including through the support of the Violence Against Women Act (VAWA) 2021’s expansion American Indian, Alaska Native, and Native Hawaiian
of Special Domestic Violence Criminal Jurisdiction for Indian Nations. Has the federal government felt the shock or after- Nations and peoples. The six points connect to concrete
• Recognizing and respecting Indigenous responses of Native Hawaiian communities and organizations shock and ready to take meaningful action? reforms in law and policy that Congress and the Biden-
to protect Indigenous women, including through the support of a Native Hawaiian Resource Center Harris Administration can enact and adopt to reduce the
on Domestic Violence. While the list of congressional acts and presidential current death toll of Indigenous women.
• Ensuring adequate resources for advocacy and services for Indigenous women, including by support orders reversing bad U.S. federal Indian law has grown,
of FVPSA 2021 Tribal funding increases and establishment of a permanent, dedicated funding stream every day is a day too late in the suffering and injustice The increased attention to the calls for justice steadily
for Tribes in the Victims of Crime Act (VOCA). of Indigenous women. rising across the country are a source of inspiration that
• Removing the systemic barriers facing families of MMIW including by supporting implementation the lives of nieces, sisters, cousins, daughters, mothers,
of Savanna’s Act and Not Invisible Act and the development and adoption of additional MMIW NIWRC and five national organizations linked by years granddaughters, and grandmothers will not be forgotten.
legislation in consultation with Alaska Native and American Indian Nations and Native Hawaiians. of our shared mission to end violence against women The families, communities, and Indigenous Nations
• Implementing a thorough federal response to MMIW by requiring every federal department to have issued a 6-Point Action Plan to Reform Current of MMIW are marching and calling for justice to hold
develop action plans with meaningful consultation with American Indian Nations, Alaska Native Systemic Barriers and Restore Safety of Indigenous governments and our society accountable.
Nations, and Native Hawaiians to address MMIW. Women. The plan addresses violence against Indigenous
• Recognizing that both land and Indigenous women are sacred and connected, and that both require women on a systemic level. “As preparation begins for May 5, 2022, MMIW
legislative and policy actions to protect them from extractive industries and corporate interests, such National Day of Awareness, we encourage local,
as the passage of the Save Oak Flat, HR 1884/S.915. The six points look to systemic barriers rather than regional, national, and international actions for justice,”
instances of individual wrongdoing. They focus on said Rose Quilt (Yakama), Director of Policy and
the responsibilities of the government rather than Research, NIWRC. “This Special MMIW Edition of
individuals in government positions who fail to respond Restoration Magazine is meant to support grassroots
and support safety for Native women. While individuals organizing efforts. It offers the experiences of families
must be held accountable, the system itself continues to of MMIW and dissects the government policies and law
endanger the lives of generations of Indigenous women. failing Native women.”

8 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 9
By the numbers 2022 National Week
2021 National Week of Action for MMIWG of Action for mmiw
Schedule of Events
7 VIRTUAL EVENTS Friday, April 29, 2022 Wednesday, May 4, 2022
APRIL 29-MAY 5, 2021 Launch of the National Week, Webinar hosted by Indian Law
Traditional Opening, 12 p.m. MST Resource Center, 11 a.m. MST

A National Briefing on the Crisis of Thursday, May 5, 2022


MMIW, 1–2:30 p.m. MST, #MMIWActionNow Twitter Storm,
hosted by the NIWRC 10–10:30 a.m. MST

2,225 ATTENDEES/VIEWS Monday, May 2, 2022


Webinar hosted by Pouhana ‘O Nā
#MMIWActionNow Twitter Chat, 12–1
p.m. MST
OF VIRTUAL EVENTS Wahine, 12 p.m. MST
Webinar: Uplifting the Voices of
Tuesday, May 3, 2022 MMIW Survivor Families, 1–2:30 p.m.
Webinar hosted by the Alaska MST, hosted by NIWRC
Native Women’s Resource Center,
49,478 WEBSITE VIEWS 1-2:30 p.m. MST Running for Justice, May 5-8: A
National Virtual Run hosted by
OF NIWRC.ORG/MMIWGNATLWEEK21 Rising Hearts

SHARE the MMIW ‘No More Stolen Sisters’ poster (inserted in this magazine!)
and post a photo of yourself on social media wearing red and/or traditional

45.9 MILLION PEOPLE


attire with the poster using #MMIWActionNow, #NoMoreStolenSisters and
#MMIW. Download the poster: n8ve.net/TPjCV

REACHED
BY #MMIWGACTIONNOW STAY TUNED
Subscribe to NIWRC's mailing list for updates on the
National Week of Action events: n8ve.net/0nCGW

10 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 11
"We grieve the
loss of Indigenous
women and girls—
grandmothers,
mothers, sisters,
daughters, and

UNDERSTANDING grandaughters. To
honor them, we

THE CRISIS OF
pledge to continue
organizing for the
legal, policy, and

MISSING AND
social changes needed
to stop this violence
today and for future

MURDERED generations."
––Lucy Simpson, Diné,

INDIGENOUS
Executive Director, National
Indigenous Women’s
Resource Center

WOMEN
Together, we call for prayer and healing for the
Addressing families in response to this violence. But we
Structural also demand meaningful legislative reforms
that remove barriers to safety for Indian
Inequalities women by recognizing and strengthening the
sovereign ability of all Tribal nations to protect
Endangering Indian women and their children.
Native Women

"
—Lucy Simpson (Diné), Executive Director, NIWRC

The Long Fight For


Justice Continues
Developed by NIWRC Policy Team government are required to begin making the changes crisis rests upon Congress in its inability to act as a body
Members Jacqueline “Jax” Agtuca, Rose needed. In addition, foundational changes are required and pass laws to make the changes needed to save the
Quilt, Amy Sparck, and Paula Julian to address systemic barriers within the economic, social, lives of women and girls.
and political sectors.
Organizing efforts, from the grassroots to a national For decades federal law has boxed and limited the
Systemic Inequalities Placing Native Women in To achieve the legal and policy reforms needed at the response of Tribal law enforcement to non-Indian
level, have brought the issue of missing and murdered
Harm’s Way foundational level of the U.S. government and society offenders. “The best we can do is give her a head start.”
Indigenous women (MMIW) into the public eye.
As affirmed in the 1993 Apology to Native Hawaiians require broad public support of Indigenous and non- “The best we can do is take him to the reservation
As social justice actions continue to increase
and 2009 Apology to Native Peoples, the U.S. recognized Indigenous peoples. boundary.” “The best we can do is tell her to move off
across Indian Tribes and Indigenous communities,
that there have been years of official depredations, ill- reservation.”
lawmakers and government departments are being
educated and held accountable to make the changes
conceived policies, and breaking of covenants by the Calling for Reform of Failed Federal Laws and
needed.
Federal Government regarding Indian Tribes and Native Policies Denying Access to Justice How are these responses acceptable? The words
Hawaiians; and apologized for the many instances of Indian Nations and the world community are confronted “safety” and “justice” should have meaning for Native
violence, maltreatment, and neglect inflicted on Native by many issues needing action to be addressed. Yet, the women and girls.
Survivors, their families, Indian Nations, and the
Peoples.1 The release in 2018 of the U.S. Commission on reality that the lives of Indigenous women and girls are
movement for the safety of Native women have
Civil Rights Broken Promises Report also affirmed the the price paid for inaction has created a groundswell The movement has and must continue to compel action
created a national groundswell calling for justice.
need for the government to fulfill its trust responsibility calling for justice for MMIW. Congressional hearings, by Members of Congress. The power to generate change
This grassroots movement has also worked to build
with appropriate allocation of resources for Tribal federal reports, statistics, consultations, and testimonials rests in the hands of local organizers.
relations and gain the support of the United Nations
governments. 2 all confirm the MMIW crisis is real, and current laws and
Commission on the Status of Women, and the
Permanent Forum on Indigenous Peoples. lack of resources prevent Indian Nations from protecting Recognition and Support for Tribal Authority
This MMIW crisis is in part what the U.S. apologized Native women from non-Indian perpetrators. and Responses
for—the lack of resources for Tribes to provide justice The normalization of violence against Native women
In 2022, increased grassroots organizing and community and victim services, and the failure of local, state, and These laws are racial loopholes benefiting criminals occurred over several hundred years as federal law and
action will continue to call for foundational changes to federal responses to these crimes. The current crisis who are non-Indians. Congress has the authority to policies eroded the authority of Tribal governments to
systemic inequalities that separate Native women and of MMIW is intertwined with the long history of restore Tribal protections for the safety of Native women protect women, sanctioning efforts by and interests of
make them a population vulnerable to violence. colonization and the development of the United States as and girls. It has the power to authorize and appropriate the military, religious, and corporate institutions that
a country. Efforts at all levels of Tribal, state, and federal the resources for Tribal justice systems and the services resulted in violence against women. It happened as the
The increased attention and political will to make women and girls need to become and stay safe. It is fundamental right of Native women to safety as human
meaningful change on the issue of MMIW is long 1 https://bit.ly/2LecLZB widely recognized that the responsibility for the MMIW beings were violated and ignored by the United States.
overdue. 2 https://bit.ly/3rfMRnt

14 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 15
Government laws and policies shape public perception
and the cultural norm of what is unacceptable behavior,
defining what is prohibited and criminal. U.S. history
Each person holds the
since contact established a pattern of laws and policies
over time placing Native women in an “unprotected” authority and responsibility “While history cannot be undone, changes to
social status. Many of the laws that led over time to this
to take action. current federal policies can increase the safety of
Native women to save lives. Before the MMIWG
crisis continue to exist today and must be changed.
Stand with the mothers,
The national movement has joined with congressional
sisters, families, and crisis can be fully addressed, it must
first be acknowledged.”
champions to propose essential legislative reforms. We
call on Congress to move quickly to pass legislation to Nations of the MMIW.
increase the safety of Indigenous women, and provide
Organize to increase -Cherrah Giles, Muscogee Nation, NIWRC Board Chairwoman
the resources and restore the authority to Indian Nations
to safeguard their lives. In addition, we call on President protections for Native
women!
Biden to require by executive order that each federal
department prioritize Indigenous women’s safety by
adopting a new standard of operation, replacing inaction
with action to prevent such cases in the future.

No Safety. No Justice.
Denied jurisdictional
Indian Tribes with
authority over non-Indian
full authority and
offenders––rapists, sex
resources to protect
traffickers, domestic
Native women
abusers

Safety Denied resources


No
and Belief of to support a Safety
Women as Sacred healthcare
Justice response, shelter and No
Justice
and safe housing,
and advocacy
services

A culture of dehumanization,
Support of sexualization, and tolerance
Tribal families and for the rape, trafficking,
Nations abuse, and murder of Native
women

16 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 17
the worldview of Indigenous peoples from non- their individual rights as monarchs. This claim, known as

Understanding the MMIW Crisis


Indigenous, the colonized versus that of the colonizer, is the Doctrine of Discovery, created a spiritual, political,
fundamentally distinct. and legal justification for seizure of lands inhabited by

Beyond Individual Acts of Violence


non-Christians. These claims to Indigenous lands lacked
Understanding the impact of U.S. colonization on the consent of Indigenous Nations and used violence to
Native women is essential to creating the necessary gain control and convert the colonized to Christianity.
The Multifaceted Layers of Colonization reforms to address the MMIW crisis because current
federal law is based upon the laws and policies of earlier The formation of the United States occurred in the
eras of U.S. colonization and continues to govern. The context of international diplomacy and balancing trade
underlying legal foundation of U.S. federal Indian and commerce with Indian Nations with the need for
Developed by NIWRC Policy Team
policies while outdated continue to undermine Tribal alliances against England during the revolutionary
members Jacqueline “Jax” Agtuca, Rose protections preventing Indian Nations from the full war. The view of Indian Tribes as full sovereigns in
Quilt, Amy Sparck, and Paula Julian authority to protect Native women. the context of regulating trade was provided for in the
U.S. Constitution in 1787.2 Legislation passed during
The quality of life of the citizens of any nation The essential reforms required to address violence the first Congress asserted control over Indian affairs
is bound to the authority and resources of their against Native women are more complicated than solely under the national government, not the states.3
respective governments to create stable and safe increased training and resources under federal reforms The authority to govern—safeguard the lives of women
communities. such as the Violence Against Women Act (VAWA). To from Indian and non-Indians—within their territories at
address violence against Native women at a foundational that time rested exclusively with Indian nations.
Indigenous Nations as sovereigns, from the level requires a deep dive to understand and repeal or
beginning of contact with European countries, amend previous colonial-era laws. From International Diplomacy to Colonialism
held the full authority over their respective lands The shift from international diplomacy to federal
and peoples as governments. The diminishment Legal Foundation of Violence Against Native colonialism undermined the right of Indian Nations
of the authority of Indian Nations to a position of Women and Genocide to self-government and the authority to protect Native
dependent nations within the United States is the Colonialism has many definitions but generally is women. Current federal Indian law is often referred to as
result of U.S. colonization. defined as an act of one nation controlling another for a maze of injustice. It lacks logic and a moral standard
economic gain. “In 1945, some 750 million people lived because it was created based on the drive of the United
In the specific context of Native women, the original in territories that were dependent on colonial powers. States to lay stake to Tribal lands and resources.
protections and concept of safety has deteriorated Today, fewer than 2 million people live under colonial
over five centuries of U.S. colonial Indian law and rule in the 17 remaining non-self-governing territories. In 1817, Congress passed the first statute creating
policies reflected in the current spectrum of violence The wave of decolonization, which changed the face federal jurisdiction over individual Indians in Tribal
and the crisis of missing and murdered Indigenous of the planet, was born with the United Nations and territory who committed serious crimes against non-
women (MMIW). In general, addressing the MMIW represents the world body’s first great success.”1 The Indians. Today, this statute is the basis of the General
crisis requires reforms to the foundational set of exercise of foreign control of one government over Crimes Act.4 It was followed by the enactment of the
laws and policies, creating the social conditions for another was generally by force and violence. Major Crimes Act in 1885, providing federal jurisdiction
the violence to reach the depth and breadth we see over seven major crimes committed by Indians against
at present. The horrors of colonization of Indigenous Nations is the person or property of Indians or others on an Indian
not specific to the United States. What separates US reservation. The seven crimes were expanded over
“Bad people commit these horrible crimes against colonization from that of other colonizers is the failure the years to the current sixteen crimes, most of which
Native women, but it is the system that allows it to to understand and reconcile colonial laws and practices are recognized as common to the pattern of domestic
happen generation after generation.”—Malinda toward Indian Nations, specifically federal laws limiting
Limberhand, mother of Hanna Harris murdered in Tribal protections of women. 2 “To regulate Commerce with foreign Nations, and among the sever-
2013 on the Northern Cheyenne Reservation al States, and with the Indian Tribes…” Article I, section 8, clause 3.
The current control of the U.S. government over Indian “Indians not taxed” is listed and removed from the enumeration of state
citizens for purposes of Congressional apportionment suggesting Indians
While violence against Native women is committed Nations is tied to the earlier era of colonization by were not part of the nation. Article I, section 2, https://www.archives.gov/
by individuals—abusers, rapists, traffickers—it European monarchs, and later the European Nations that founding-docs/constitution-transcript.
is commonly understood that the federal colonial emerged. These monarchs, queens, and kings, some with 3 Trade and Intercourse Act of 1790, ch. 33, 1 Stat. 137.
4 “Except as otherwise expressly provided by law, the general laws of
policies and laws that created the social setting for a religious decree, claimed Indigenous lands based on the United States as to the punishment of offenses committed in any place
such crimes. A person’s relationship to a problem within the sole and exclusive jurisdiction of the United States, except
often reflects their framework or worldview for Advocate Joann Horn, Yup’ik Eskimo, Village of Kotlik. /
the District of Columbia, shall extend to the Indian country.” 18 U.S.C §
1 Decolonization, U.N., https://www.un.org/en/sections/issues-depth/ 1152, https://www.justice.gov/archives/jm/criminal-resource-manual-678-
understanding it. While living in the same country Photo courtesy of Joann Horn.
decolonization/index.html. general-crimes-act-18-usc-1152
18 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 19
and overall conditions on reservations and in Indian The high rates of violence against Native women and
boarding schools.9 The 2003 report, A Quiet Crisis, lack of accountability for such violence are clearly tied
The high rates of violence against Native women and
Federal Funding and Unmet Needs in Indian Country, to federal intrusion, vulnerabilities created by such
lack of accountability for such violence are clearly documented unconscionable federal funding levels for intrusion, and the failure to exercise authority to prosecute
tied to federal intrusion, vulnerabilities created by Indian Tribes and resulting living conditions.10 The 2013 perpetrators for the last 500 years. Today, this pattern
such intrusion, and the failure to exercise authority to Indian Law and Order Commission Report, A Roadmap continues and is reflected in the lack of accountability
prosecute perpetrators for the last 500 years. For Making Native America Safer, similarly criticized of perpetrators documented in the minimal prosecutions
federal restrictions and recommended restoring Tribal and federal declinations by United States Attorneys of
sovereignty.11 Most recently, the release in 2018 of the domestic violence, sexual assault, and trafficking cases.
U.S. Commission on Civil Rights Broken Promises
violence.5 Unfortunately, these two statutes from 1817 and as rape, under both statutes. For decades Indian Nations Report continues to affirm the need for the United The 2013 report to Congress by the Indian Law and
1885 continue as cornerstones of current federal Indian law. did not prosecute sexual assault and other cases because States to fulfill its trust responsibility with appropriate Order Commission, is one of the most comprehensive
of this legal misinterpretation asserted by the federal and allocation of resources.12 assessments ever done of criminal justice systems servicing
In the context of addressing violence against Native state governments. Native American and Alaska Native Communities. In its
women and specifically cases of MMIW, federal intrusion These and other congressional reports document that the report the Commission summarized federal Indian law.
into the authority of Indian Nations has resulted in The USDOJ statistic of 1 of 3 Native women will federal government failed to protect Native Americans,
perpetrators of crimes facing little, if any, consequences be raped in her lifetime is just one example of the their land, and their resources, both personal and cultural. “The Commission has concluded that criminal
for their actions, including government employees and consequences of the colonial framework denying Indian The reports consistently recommended critically needed jurisdiction in Indian country is an indefensible morass
those charged with responsibilities for federal programs Nations the authority to protect women. This consistent changes to stop the death toll and human suffering of of complex, conflicting, and illogical commands, layered
such as boarding schools and healthcare services. shift away from the view of international diplomacy Indigenous peoples—to decolonize. While occurring in over decades via congressional policies and court
found in the Constitution to one of colonial federalism over several centuries these reports reflect the failure of decisions and without the consent of Tribal nations.”13
A third federal intrusion into the criminal authority of continues to be devastating in the lack of real and the federal colonial approach to Tribal governance, and
Indian Tribes was enacted as part of the Termination Era perceived protections for Native women. document the potential strength, if unleashed, of Indian The multiple layers of Congressional Acts, Presidential
toward Indian Nations through the transfer of federal Nations to address the needs of Tribal citizens. Orders, and Supreme Court rulings have, through
authority to state governments under Public Law 280.6 Federal Colonialism: Denial of Authority and the course of history, giving legal color to what the
While passed based on the argument that it would Resources United Nations defines as genocide. In 1946 the United
address lawlessness through the handling of criminal As affirmed in the 2009 Apology to Native Peoples, the Nations General Assembly recognized genocide as
cases by the state government it further deprived Native U.S. recognized that there have been years of official a crime prohibited under international law. The crime
women of access to justice services. depredations, ill-conceived policies, and the breaking of genocide is defined as “any of the following acts
of covenants by the Federal Government regarding Congressional reports committed with intent to destroy, in whole or in part, a
The interpretation of federal criminal statutes further Indian Tribes; and apologized for the many instances of document that the federal national, ethnical, racial or religious group, as such: a.
complicated the authority of Indian Nations to hold violence, maltreatment, and neglect inflicted on Native government failed to protect Killing members of the group; b. Causing serious bodily
abusers accountable. Until the implementation of Peoples.7
the 2005 Violence Against Women Act the common
Native Americans, their or mental harm to members of the group; c. Deliberately
inflicting on the group conditions of life calculated to
misinterpretation of the Major Crimes Act was that it Congressional reports throughout history document the land, and their resources, bring about its physical destruction in whole or in part;
divested Tribes of authority of over the enumerated failure of federal policies and recommended changes both personal and cultural. d. Imposing measures intended to prevent births within
crimes. The same federal colonial framework also led to needed to correct failed colonial approaches. The 1867 The reports consistently the group; e. Forcibly transferring children of the group
the misinterpretation of Public Law 280 as creating sole Doolittle Report tracing a large majority of Indian Wars
criminal jurisdiction in the state governments over crimes to lawless white men.8 The 1928 Problem of Indian
recommended critically to another group.”14

committed within Tribal jurisdiction. Under Attorney Administration Report criticizing the Department of needed changes to stop While the UN recognition of the crime of genocide did
General Janet Reno the USDOJ clarified that Indian Interior’s (DOI) implementation of the Dawes Act the death toll and human not occur until 1947, the eras of the Indian Wars, removal,
Tribes retained concurrent jurisdiction over crimes, such suffering of Indigenous boarding schools, termination, forced sterilization, and
7 https://www.congress.gov/bill/111th-congress/senate-joint-resolu- peoples—to decolonize. other federal laws and policies were developed with the
5 “Any Indian who commits against the person or property of another tion/14/text. intentional destruction of Indian Nations by the United
Indian or other person any of the following offenses, namely, murder, 8 “The committee are of the opinion that in a large majority of cases Indi-
manslaughter, kidnapping, maiming, a felony under chapter 109A, incest, an wars are to be traced to the aggression of lawless white men, always to States. Today these past U.S. laws and policies continue to
a felony assault under section 113, an assault against an individual who be found upon the frontier, or boundary line between savage and civilized dehumanize Indigenous peoples, specifically women, and
has not attained the age of 16 years, felony child abuse or neglect, arson, life.... From whatever cause wars may be brought on, either between support the legal and cultural infrastructure underlying
burglary, robbery, and a felony under section 661 of this title within the different Indian Tribes or between the Indians and the whites, they are
Indian country, shall be subject to the same law and penalties as all other very destructive, not only of the lives of the warriors engaged in it, but of 9 https://narf.org/nill/documents/merriam/d_meriam_chapter1_summa- the crisis of MMIW.
persons committing any of the above offenses, within the exclusive juris- the women and children also, often becoming a war of extermination....” ry_of_findings.pdf
diction of the United States.” 18 U.S.C. § 1153, https://www.justice.gov/ Doolittle Report, Condition of the Indians Tribes, 1867 Congressional 10 https://www.usccr.gov/pubs/na0703/na0204.pdf.
archives/jm/criminal-resource-manual-679-major-crimes-act-18-usc-1153 Report, Senate Report, No. 156, 39th Cong. 2d sess, serial 1279, at. 3-10, 11 https://www.aisc.ucla.edu/iloc/report/ 13 A Roadmap, Executive Summary, supra at xi.
6 https://www.justice.gov/usao-mn/Public-Law%2083-280. http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtid=3&psid=710. 12 https://www.usccr.gov/pubs/2018/12-20-Broken-Promises.pdf 14 https://www.un.org/en/genocideprevention/genocide.shtml.
20 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 21
Reconciliation of the United States with Indian The United States, in the context of a federal colonial
Nations framework, justified laws diminishing the Tribal
Colonization of the Indigenous Peoples of the world
was not isolated to the United States. During the same
protections provided Native women. Implementation of
these laws and policies regarding Indian affairs created "As we fight for the further restoration of
era, the Canadian government enacted similar laws and
policies towards aboriginal peoples, such as its boarding
the social context for the normalization and acceptance
of violence against Native women. The United States
Tribal jurisdiction and sovereignty in the
school era. Canada’s National Inquiry into Missing and has the authority and the resources to end the crisis of 2021 reauthorization of VAWA, we know
there is more work to do."
Murdered Indigenous Women and Girls is one example violence against Native women and it is essential it
of a political process to analyze for lessons.15 One area of reform past laws and policies endangering the lives of
particular interest is the concentration of the reconciliation Indigenous women and girls.
process on government accountability for the murders of –Mary Kathryn Nagle, Cherokee Nation,
Indigenous women and girls. The report from the Inquiry The crisis of MMIW is a national crime pattern. The Pipestem & Nagle Law, Counsel to NIWRC
released in May of 2019 said: “Genocide is the sum of the complete storyboard for this crime pattern is not two
social practices, assumptions, and actions detailed within individuals and a crime scene but all the above—
this report.” The Inquiry held 24 hearings across Canada, the government, culture, and economics—layered
and at least 2,380 people attended, including the families upon the lives of Native women and Indian Nations.
of those killed or missing. While not complete or a perfect Understanding the legal and social infrastructure that
process, it is one far in advance of the United States. place Native women in harm’s way are essential to
changing this crime story of the last 500 years.
Due to the national movement, the United States has
taken some steps to reform colonial-era law and policies It also requires reeducation of mainstream America to
to strengthen Indian Nations in their protection of Native understand both the past and present truths of American
women. Since 1995 following the passage of the Violence Indian Nations and the women of those Nations. This
Against Women Act, Indian Tribes amplified their two-fold process of legal reform and cultural reeducation
collective voices to make strong recommendations to can direct the changes required at the national, state, and
government officials. The mandate under the Tribal Title county levels.
of VAWA 2005 provided for annual consultation between
Indian Nations and specific federal departments. Since The national movement calling for justice for MMIW is
the first consultation in 2006, Tribal leaders consistently growing and maturing, and the unprecedented support for
reiterated that to address violence against Native women, the annual MMIW National Week of Action is a strong
full Tribal sovereignty must be restored with adequate indication it will not turn back. It consists of dedicated
resources to implement such authority to fully protect people who are willing to take political action to impact
women. the government to correct the past and decolonize.

15 Canada’s Reclaiming Power and Place: The Final Report of the Na-
tional Inquiry into Missing and Murdered Indigenous Women and Girls:
https://bit.ly/2RLjQjk.

Read 2021 Proclamation on Missing and Murdered American Indians and


Alaska Natives Awareness Day issued by The White House:
bit.ly/31BcyYI

and learn more about The Presidential Task Force on Missing and
Murdered American Indians and Alaska Natives, ‘Operation Lady Justice’:
bit.ly/302jWZL

22 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 23
Court decisions make clear that the entire federal
government is blanketed by the trust responsibility,

THE FEDERAL TRUST THE FEDERAL TRUST


and that every federal agency, not just the Bureau of
Indian Affairs, must fulfill the trust responsibility in
RESPONSIBILITY AND
RESPONSIBILITY AND MMIW
implementing statutes.2

INDIAN TRIBES It is a duty, a solemn oath that the United States made
with Indian Tribes during the era of treaty-making. It
The Failure to Provide a Comprehensive The federal Indian trust responsibility is
is a duty of protection that our Ancestors understood.
Government Response a legally enforceable fiduciary obligation
The Federal Trust Responsibility and the
under which the United States “has charged
itself with moral obligations of the highest
Safety of Indian Women
responsibility and trust” toward Indian In support of the movement for change and built upon
Tribes.1 the blood, sweat, and tears of grassroots advocates
By Rose M. “Lashawaat” Quilt, and Tribal leaders, Congress enacted several pieces
Yakama, J.D., Director of Policy and Each federal department has a written of legislation signaling support to Tribal self-
Research, NIWRC policy articulating this responsibility. The U.S. determination and the safety of Native women.3 The
Department of Health and Human Services VAWA 2005 reauthorization included a historic Safety
Native women deserve a basic right to human safety. recognizes the federal trust responsibility in for Indian Women Title, which recognized the unique
this way: legal relationship of the United States to Indian Tribes
Since the formation of the Union, the United
The United States government has a longstanding States (U.S.) has recognized Indian Tribes
and Native women. Congress created Title IX “to
federal trust responsibility to assist Indian Tribes as sovereign nations. A unique government- strengthen the capacity of Indian Tribes to exercise
concerning the health, safety and welfare of their citizens. to-government relationship exists between their sovereign authority to respond to violent crimes
As recognized by many international experts, violence Indian Tribes and the Federal Government. This committed against women.”4
against Indigenous women is a serious human rights relationship is grounded in the U.S. Constitution,
numerous treaties, statutes, Federal case law,
violation─a violation so significant that it precludes their regulations and executive orders that establish
Moreover, in recognition of its trust obligation,
realization of all other human rights.1 Yet, for hundreds and define a trust relationship with Indian Tribes. VAWA Title IX, Section 901 provides that “the
of years, federal officials have flagrantly disregarded the This relationship is derived from the political and federal government has a trust responsibility to assist
federal trust responsibility entrusted to them concerning legal relationship that Indian Tribes have with the Tribes in safeguarding the lives of Indian women”5
Indian Tribes, leaving Native women unprotected Federal Government and is not based upon race.2 (emphasis added). And in the fight for the 2013 VAWA
and imperiled. As primary targets since colonization, reauthorization, Congress legislated a partial Oliphant
Further, the Bureau of Indian Affairs provides: Fix. Under VAWA 2013, Congress recognized and
Indigenous women have faced an ongoing spectrum
The federal Indian trust responsibility is… a
of horrific violence ranging from domestic and dating legally enforceable fiduciary obligation on the affirmed the inherent sovereign authority of Indian
violence to murder, trafficking, and rape. Confronted part of the United States to protect Tribal treaty Tribes to prosecute non-Indians for dating and domestic
with the highest rates of violence in the Nation, Tribal rights, lands, assets, and resources, as well as a violence and qualifying protection order violations
leaders have continued to decry the federal government’s duty to carry out the mandates of federal law with committed on Tribal lands.6 Although the full reach of
inability to discharge their duties to uphold their sacred, Despite the federal government's trust respect to American Indian and Alaska Native Tribal jurisdiction was limited by Congress—such as
Tribes and villages. In several cases discussing
solemn commitment to Indian people and safeguard the responsibility to Tribes, both Congress the trust responsibility, the Supreme Court has stalking, sexual assault by a stranger or acquaintance,
lives of Indian women. and the Supreme Court have eroded used language suggesting that it entails legal and sex trafficking—VAWA 2013 was a historic
duties, moral obligations, and the fulfillment
the jurisdictional authority of Indian of understandings and expectations that have
“The murders and disappearance of women and girls
in Alaska Native and American Indian communities are Nations, infringing on the ability of arisen over the entire course of the relationship 2 See Parravano, 70 F.3d at 546 ("This trust responsibility extends not
just to the Interior Department, but attaches to the federal government as
connected to the lack of protections from the state and Tribal governments to fully protect between the United States and the federally a whole."); Pyramid Lake Paiute Tribe of Indians v. U.S. Dept. of Navy,
recognized Tribes.3
federal government and the failure of the federal their citizens, including Native women 898 F.2d 1410, 1420 (9th Cir. 1990); Nance v. EPA, 645 F.2d 701, 711
(9th Cir. 1981); N.W. Sea Farms, 931 F. Supp. at 1519 ("This [trust]
government to provide resources to establish a brutalized by domestic, dating and sexual obligation has been interpreted to impose a fiduciary duty owed in con-
comprehensive response.”─Catherine Moses, Yup’ik, violence, stalking, trafficking and murder. 1 Seminole Nation v. United States, 1942.
ducting 'any Federal government action' which relates to Indian Tribes."
(quoting Nance, 645 F.2d at 711)).
Asa’Carsarmiut Tribe, Mountain Village, Alaska Tribal 2 See U.S. Department of Health and Human Services Tribal 3 The Tribal Law and Order Act and the Reauthorization of the Violence
Administrator Consultation Policy https://bit.ly/3cMxbnY Against Women Act 2000, 2005, 2013.
3 See U.S. Department of Interior at https://on.doi.gov/3tyA- 4 Agtuca, Jacqueline, “Safety for Native Women: VAWA and American
SUb Indian Tribes” pg. 15 (2015).
5 2005 VAWA § 901 Findings.
1 E/2013/27- E/CN.6/2013/11 Para. 10 6 25 U.S.C. § 1304.
24 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 25
than most of their counterparts. According to the Centers promoting paternalism, assimilation, relocation, When a Native Woman Goes Missing
for Disease Control and Prevention (CDC), Native termination and genocide of Indian people and Native When a Native woman disappears and goes missing, so
women are murdered at a rate of 4.3% per 100,000 women, there remains a set of laws and policies on the much of the “response” is based on numerous questions
Rose M. population, while their white counterparts experience books, including but not limited to the Major Crimes and challenges including which law enforcement agency
“Lashawaat” homicide at a rate of 1.5%.10 The CDC also confirmed Act, Public Law 280, the Indian Civil Rights Act, the has jurisdiction to take an initial report, the response,
Quilt (Yakama)
is the Director long held beliefs by Tribal domestic violence advocates: Marshall trilogy13 and the Oliphant decision. These the search, detainment, the investigation and ultimately
of Policy and almost half of Native victims were murdered by an far-reaching legal barriers deeply entrenched in federal prosecution authority. The first 24 hours of any missing
Research for
the National
intimate partner. Indian law continue to endanger the lives of Native person case is a crucial time for law enforcement to
Indigenous women. organize and conduct an immediate search, but too
Women’s Resource
Another study by Urban Indian Health Institute (UIHI)
Center. / Photo
often, questions of jurisdiction impede a timely law
provides that, “no research has been done on rates of
courtesy of Rose The two main federal statutes governing federal enforcement response. Unfortunately in most cases, the
Quilt.
such violence among American Indian and Alaska criminal jurisdiction in Indian country are the General response of law enforcement is non-existent or wholly
Native women living in urban areas despite the fact Crimes Act, 18 U.S.C. § 1152, and the Major Crimes inappropriate. This can leave the responsibility of a
that approximately 71% of American Indian and Alaska Act, 18 U.S.C. § 1153. Section 1153 gives the federal search effort to the family members or Tribal community.
Natives live in urban areas.”11 As a result of the gaps government jurisdiction to prosecute certain enumerated
in data, UIHI focused a study aimed at assessing the offenses, such as murder, manslaughter, sexual abuse, The crisis of missing and murdered Indigenous women
number and dynamics of cases of missing and murdered aggravated assault, and child sexual abuse, when (MMIW) is a direct result of limitations placed on Tribal
amendment affirming Tribal sovereignty and reaffirming American Indian and Alaska Native women and girls in committed by Indians in Indian country.14 Section 1152 authority to prosecute non-Natives for crimes committed
the federal government’s commitment to addressing cities across the United States.12 gives the federal government exclusive jurisdiction on Tribal land including the unconscionable resource
violence in Tribal communities. VAWA 2013’s limited to prosecute most crimes committed by non-Indians disparities regarding public safety. The link to the de-
reaffirmation of Tribal criminal jurisdiction over non- Although these numbers do not tell the whole story, against Indian victims in Indian country.15 evolution of federal Indian law and policy and failure
Indians, known as Special Domestic Violence Criminal we can glean the effect of the devastatingly complex of the federal trust responsibility cannot be denied.
Jurisdiction (SDVCJ), “fundamentally changed the legal framework and various intersections that Native Although armed with the jurisdiction to investigate and The current legal framework fails to respond to the
landscape of Tribal criminal jurisdiction in the modern survivors of violence must confront. It is also in these prosecute crimes committed against Native women, many, disappearance and murder of Native women because that
era.”7 numbers that we are able to fully grasp the failure of if not most U.S. Attorneys charged with doing so, failed to same framework was born during an era of termination
the federal government to completely fulfill its federal uphold their role in fulfilling this important responsibility. of Indian Tribes. Tribal leaders often speak of a “broken
Tribal grassroots activism led the movement locally trust responsibility to Tribes, families and and most About 65 percent of criminal investigations opened by the system,” but the truth is that the legal framework was not
and nationally to not only raise awareness but to also importantly to Native women. FBI in reservations were referred for federal prosecution, designed to protect Native women. Rather, it was built
legislate for change regarding the devastating rates of according to a 2016 TLOA report.16 Of the 680 investigations to fail them and further the continuation of paternalistic
violence committed against Native women. Over the Challenges and Barriers for the Safety of Indian that were closed without referral for prosecution, one of the policies, colonization, and systemic genocide.
years, a series of studies revealed shocking rates of Women and the Federal Trust Responsibility most frequent reasons was due to insufficient evidence to
violence against Native women. A study by the National Despite the federal government's trust responsibility determine whether a crime occurred.17 The sheer scale of the violence resulting in MMIW
Institute of Justice under the USDOJ revealed alarming to Tribes, both Congress and the Supreme Court have with the groundswell of survivor families, advocates
rates of violence,8 with findings that show American eroded the jurisdictional authority of Indian Nations, “We are going missing, we are being murdered. We are and Tribal leaders, and the abysmal failure by the
Indian and Alaska Native women experience severe infringing on the ability of Tribal governments to fully not being taken seriously. I am here to stress to you we are government to adequately address it, partially explains
rates of lifetime violence, including: protect their citizens, including Native women brutalized important and we are loved and we are missed. We will why the MMIW issue has reached national attention
• 56.1% who have experienced sexual violence; by domestic, dating and sexual violence, stalking, no longer be the invisible people in the United States of and action. That is why Tribal self-determination and
• 55.5% who have experienced physical violence by trafficking and murder. Many Native women fear they, America, we have worth.”—Kimberly Loring Heavy sovereignty must continue to be restored with adequate
an intimate partner; along with their children, will experience violence Runner18 resources provided to implement Tribally based solutions
• 48.4% who have experienced stalking; and throughout their lifetime because of the longstanding for the protection, safety and healing of their citizens and
• 66.4% who have experienced psychological barriers to recourse and justice that is their reality. Native women, who stand as the heart of their nations.
aggression by an intimate partner.9 13 Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832); Cherokee Nation v. Georgia,
30 U.S. (5 Pet.) 1 (1831); Johnson v. M’Intosh, 21 U.S. (8 Wheat.) 543 (1823).
In addition to longstanding government sanctioned 14 U.S. Department of Justice: Indian Country Investigations and Prose-
Native women also experience homicide at higher rates violence and a series of crippling Tribal policies cutions 2018 Report, https://bit.ly/3pXGLI4
15 The exception to this exclusive jurisdiction is set forth in 25 U.S.C.
1304, which recognizes the inherent power of a participating Tribe to
10 Petrosky E, Blair JM, Betz CJ, Fowler KA, Jack SP, Lyons BH. Racial exercise special domestic violence criminal jurisdiction.
7 National Congress of American Indians, VAWA 2013’s Special Domes- 16 U.S. Department of Justice: Indian Country Investigations and Prose-
tic Violence Criminal Jurisdiction Five-Year Report (March 20, 2018). and Ethnic Differences in Homicides of Adult Women and the Role of
Intimate Partner Violence — United States, 2003–2014. MMWR Morb cutions 2016 Report, pg. 10, https://bit.ly/2YZOZUa
8 Department Of Justice, Nat’l Inst. Of Justice, Violence Against Ameri- 17 Id. at 13.
can Indian And Alaska Native Women And Men: 2010 Findings From The Mortal Wkly Rep 2017; 66:741–746.
11 Lucchesi, Annita and Echo-Hawk, Abigail; Murdered and Missing 18 Senate Committee on Indian Affairs. Oversight Hearing on Missing
National Intimate Partner And Sexual Violence Survey 26 (May 2016), and Murdered: Confronting the Silent Crisis in Indian Country. Dec. 12,
https://bit.ly/3pVHols Indigenous Women and Girls: A snapshot of data from 71 urban cities in
the United States. 2018. 115th Cong. Washington. 2018. (Testimony of Kimberly Loring
9 Id. Heavy Runner).
12 Id.
26 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 27
THE RESPONSE OF CONGRESS TO THE
MMIWG CRISIS
Legislative Reforms from 2019-2020
Anchorage 2018 rally to raise awareness of violence against women in Alaska Native communities
co-sponsored by Tlingit & Haida. / Photo courtesy of Tlingit & Haida.

The U.S. Congressional effort by the delegation from According to the National Institute of Justice, more than and murdered Indigenous women and girls can be policy resource, compiling current legislation (2020-
Montana was launched in 2017 after the murder of four in five Native Americans and Alaska Natives have attributed to the historical and intergenerational trauma 2022) at the state level focused on addressing the crisis
Hanna Harris on the Northern Cheyenne Reservation experienced violence in their lifetime. In some states, the caused by colonization and its ongoing effects in our of MMIW. Included are summaries of the legislation, its
and other abductions and murders of Native women. murder of Indigenous women is at a rate ten times higher communities stretching back more than 500 years. status, links to relevant news articles, and more. You can
The 2017 Senate Resolution calling for a National Day than the national average. According to the National access the tracker at niwrc.org/mmiw-state-tracker.
of Awareness marked the first Congressional recognition Crime Information Center, 5,712 American Indian and While more legal reforms are required these two
of MMIWG as a national issue. Alaska Native women and girls were reported missing bills are a steps forward in beginning to address the Currently there are over 30 pieces of legislation moving
as of 2016, but only 116 of those cases were logged with impacts of centuries of colonization, historical and through the process or already signed into law within this
Every year since 2017, a resolution recognizing May the Department of Justice. intergenerational trauma, we are grateful to members legislative session. Numerous states (AK, AZ, CA, NM,
5th as a National Day of Awareness for Missing and of Congress, Tribal leaders, Native organizations, and MN, MT, ND, NE, OR, SD, UT, WA) have introduced
Murdered Native Women and Girls has passed in the The Savanna’s Act is named in honor of Savanna the many individuals who supported the Acts from the and passed legislation such as establishing an MMIW
Senate with increased support and awareness of the need LaFontaine-Greywind, a 22-year old citizen of the Spirit beginning and tenaciously monitored and advocated for Task Force, proclamations recognizing May 5th as a
to take action.1 These proclamations and social justice Lake Nation in North Dakota who was pregnant at the them. The passage of these Acts are important steps in National Day of Awareness, authorizing and funding
actions on May 5th have resulted in the increasing time she was viciously murdered in August 2017. The the right direction for our relatives seeking justice for MMIWG studies, and more.
response from Congress, federal departments, as well as Act aims to improve MMIW data collection and access their missing and murdered loved ones and for all our
from states and localities. and directs the Department of Justice to review, revise, relatives who have experienced violence in their lives.
and develop law enforcement and justice protocols to
Savanna’s Act and Not Invisible Act Become address missing and murdered Indigenous peoples. State Legislative Responses
Law Legislative reforms are also reflected in actions by city, STAY CURRENT ON
In 2020, Congress passed the Savanna’s Act and Not The Not Invisible Act complements Savanna’s Act with county, state, and national legislative bodies. From the MMIWG LEGISLATION
Invisible Act to address the Missing and Murdered its purpose to identify and combat violent crime against West Coast to the Great Plains, Southwest and upper
Indigenous Women and Girls (MMIWG) crisis. Indians or within Indian lands through the creation Midwest, state lawmakers have acted to address the
of an advisory committee on reducing violent crime MMIW crisis. The state legislative reforms center on The NIWRC continues to monitor
Both Savanna’s Act and Not Invisible Act are victories against Native people. Composed of Tribal leaders, increasing the response to MMIW by monitoring cases legislative actions by state and
for Tribes across the country. Heightened attention to law enforcement, federal partners, service providers, through dedicated state personnel and the creation of federal governments to address
the issue of MMIWG helped push these bills across the and survivors, the advisory committee will make local task forces. the crisis of MMIWG and shares
finish line. Congresswomen Deb Haaland (D-N.M.) and recommendations to the U.S. Departments of Interior
Sharice Davids (D-KS) on the House side and Senators and Justice on increasing the response to violence In October 2021, NIWRC released the Missing
important updates and legislative
Lisa Murkowski (R-AK) and Catherine Cortez Masto against Native Americans and Alaska Natives. and Murdered Indigenous Women (MMIW) State actions through our mailing
(D-NV) on the Senate side led the charge alongside Legislative Tracker, a navigational database designed list. To sign up for the “National
Tribal leaders and grassroots advocates who have been It is important to understand the connection between to help advocates easily search legislation relating Legislative Summary Update,”
calling for and fighting long and hard to get the MMIWG domestic, dating, and sexual violence and the high to MMIW within their state and across the country. visit:
crisis recognized and addressed on the federal level. incidence of missing and murdered Indigenous women The Tracker is a continuation of the MMIW Monthly bit.ly/2Hh1dzM.
in the United States. The high rates of violence against Legislative Summary, previously released as part of our
Indigenous peoples, which includes the crisis of missing monthly legislative update. This tool is an educational
1 https://bit.ly/3tvN4Ff
28 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 29
The success of the Violence Against Women Act
(VAWA) 2005 mandated consultation holds valuable MORE ABOUT NIA COMMISSION
lessons, including the important connection of Tribal
The Not advocates and the grassroots movement to end the
spectrum of violence against Native women. These
The U.S. Department of the Interior is responsible

Invisible Act
for implementing the Not Invisible Act (NIA) to
brave women have informed the government to create address the MMIWG crisis in the United States,
systemic changes found in VAWA, the Tribal Law and which includes the establishment of the NIA
Implementation Order Act (TLOA), and the Family Violence Prevention
and Services Act (FVPSA).
Commission. Stay updated on activities by the
NIA Commission, including Tribal consultation
details, recommendations, and membership
How Will Systemic Barriers nominations, at n8ve.net/9PCSi.
Families, advocacy organizations, Tribes, and
Foundational to the MMIW Crisis communities understand the roadblocks and systemic
Be Removed? How Will the Changes barriers that must be removed. Accordingly, grassroots Since the NIA was signed into law, a growing concern
Needed Become Reality? advocates and families worked hard to ensure their has centered on confusion about the focus of the NIA
representation on the NIA Commission as a statutory and its connection to the crisis of MMIW.
By Rose M. “Lashawaat” Quilt, Yakama, J.D., mandate.
Director of Policy and Research, NIWRC It is essential to understand the connection between
The NIA establishes an advisory committee of Tribal domestic, dating, sexual, and trafficking violence and
and federal stakeholders to make recommendations to the the high incidence of missing and murdered Indigenous
Department of Interior (DOI) and Department of Justice women in the United States. This spectrum of violence
October 10, 2020 will be the one-year anniversary of (DOJ) on actions the Federal Government can take to is specific to Native women. DOJ research shows the
the passage of two bills intended to address the crisis of identify, coordinate, and combat violent crime on Indian disproportionate rate of violence committed against
Missing and Murdered Indigenous Women (MMIW)— lands and against Indians including disappearances, Native women including the lethality and severity,
Savanna’s Act and the Not Invisible Act (NIA). homicide, violent crime and trafficking. In addition, the which often requires increased medical care, more so
NIA mandates the participation of two family members than other populations victimized by violence.
This legislation was enacted in response to the cries of of murdered Indian people and two family members of
mothers for justice for their daughters and the calls for missing Indian people, and not fewer than three Tribal Will the NIA Commission acknowledge this reality? Will
action by grieving family members of disappeared and Silhouette image of Indigenous woman. /
advocacy organizations focused on violence against the DOI facilitate a process to deepen its understanding
murdered Indigenous sisters. The statutes are in response Photo courtesy of Neh-Da-Ness Greene. women and children. Unfortunately, serving on the of the barriers that must be removed to specifically
to the spilled blood and suffering of Indigenous women commission is not compensated. address MMIW? If so, this process requires addressing
that continues to be tied to the vulnerabilities of federal directs the Department of Justice to review, revise, the comprehensive needs of Native women who suffer
Indian law and under-resourcing of Indian nations; and and develop law enforcement and justice protocols to “We recommended at the NIA Consultation that the domestic and sexual violence and further offer support
the harsh reality of the spectrum of violence created address missing and murdered Indigenous peoples. The family members and non-federal Tribal organizations for culturally appropriate advocacy services for Native
by centuries of Federal Government policies meant to NIA complements the Savanna’s Act, with its purpose to be compensated for their time,” said Majel-Dixon. women. The process of healing is unique to each survivor.
diminish and destroy Tribal sovereignty. identify and combat violent crime against Indians within “How does the DOI and DOJ think family members But it is crucial that as Native women access services on
Indian lands by creating an advisory commission on will participate? Take leave from their jobs? Sacrifice their journey to healing, that it is recognized that they
“We will not be silenced,” said Juana Majel Dixon, reducing violent crime against Native people. family income to pay the expenses they will incur while were victimized not only because they are women, but
Pauma-Yuima Band of Luiseño Indians. “As Tribal serving on the Commission? It is incomprehensible because they are Native women. For that same reason,
leadership, we have a responsibility to raise our voices Participation of Families and Advocacy that the government thinks the family and the advocacy prevention efforts must also be culturally based.
for those who cannot speak. The Savanna’s and Not Organization in the NIA Commission organization can sit on the commission without
Invisible Acts are the result of the families, Tribes, “The grassroots organized to make the issue of MMIW a compensation. Covering travel expenses falls short of To achieve meaningful recommendations, the
communities, and grassroots movement calling for national priority,” said Carmen O’Leary, Director, Native the federal responsibility under the NIA.” commission must begin, be guided by, and end with a
justice. We must hold the government accountable for Women Society of the Great Plains and NIWRC Board central focus on the entire spectrum of violence faced
meaningful implementation of these two acts.” Member. “Clearly, the barriers that exist cannot be solely The DOI and DOJ must coordinate to identify resources by Indigenous women. The commission must listen
fixed by the current system, or we would not have the crisis specifically to compensate Tribal members for the to family members, advocates and Tribes to attain
Savanna’s Act is named in honor of Savanna of Native women going missing and being murdered. significant time expected as commission members. The significant law and policy reforms needed to address the
LaFontaine-Greywind, a 22-year-old pregnant citizen The success of the Not Invisible Act is tied to the active family and Tribal members of the commission should MMIW crisis.
of the Spirit Lake Nation in North Dakota who was involvement and support of the families, advocates, and not be based on who can afford to sit on the commission.
viciously murdered in August 2017. The Act aims to Tribes who have worked to hold federal law enforcement While these two bills are a step forward in addressing
improve MMIW data collection and accessibility and agencies accountable.” “What about the women?”—Tillie Black Bear the crisis of MMIW, the NIA Commission offers the
30 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 31
“We must end
It is crucial that as Native women access services
on their journey to healing, that it is recognized the silence of the
that they were victimized not only because they injustice of missing
are women, but because they are Native women.
For that same reason, prevention efforts must
and murdered Native
also be culturally based. women and girls
and organize for
accountability to
bring healing to our
communities. Our
possibility of real change. This possibility is not absolute, Tribal representation in the VAWA and NIA is not a
a given, or guaranteed. It will be a difficult road, with coincidence. The purpose of VAWA and NIA are linked
ongoing challenges to overcome the systemic view of
minimizing violence against Native women—because
because the crisis of MMIW is the predictable outcome
of the lack of protections afforded Indigenous women
women and girls
they are Native and because they are women. since contact. have been kidnapped,
Not Invisible Act Consultation “Since the passage of the Tribal Title of the VAWA trafficked, and
In efforts to engage Tribal and stakeholder input, the
DOI hosted a consultation about the implementation of
2005, the consultation process has matured,” said Majel-
Dixon. “There are pre-consultation scoping calls about
murdered since other
the Not Invisible Act. However, with short notice, little scheduling, site selection, selection of the facilitator, governments, the
Spanish, Mexican, and
coordination with Indian Tribes and a scheduling conflict agenda, and other items. We also created a 120-day
with the Family Youth and Services Bureau (FYSB) notification mandate to ensure a meaningful consultation
Tribal Consultation, Tribal leaders and stakeholders had
to scramble to prepare and participate amidst the on-
process. As a result, the process allows for preparation,
attendance, and robust engagement of Tribal leaders.”
U.S., have come onto
going pandemic. our homelands.”
The NIA Commission Has the Potential to
“The Tribal response to the NIA consultation is not Create Systemic Changes Needed
a mystery. It had short notice, but more importantly, Both Savanna’s Act and the Not Invisible Act are victories —Wendy Schlater, La Jolla
the development of the consultations did not actively for Tribes across the country. Increased attention to the Band of Luiseño Indians,
involve the Tribal stakeholders. Going forward, this issue of MMIW helped push the bills across the finish
must change,” said Majel-Dixon. line. Secretary Haaland, in her former congressional
NIWRC Board Treasurer
capacity and Representative Sharice Davids (D-KS) on
In 2005, like the 2020 NIA, Tribal grassroots the House side and Senators Lisa Murkowski (R-AK)
advocates organized with their Tribal Leaders to and Catherine Cortez Masto (D-NV) on the Senate side
inform and influence congressional champions and led the charge alongside Tribal leaders and long-time
federal departments about violence against Native grassroots advocates who organized tirelessly to get the
women. Again, meaningful government-to-government MMIW crisis recognized and addressed at the federal
consultation served as an essential link to the successful level.
and full implementation of the VAWA Tribal provisions.
Building on that momentum, the NIA can become a
Like the federal response to MMIW, the response historic step forward to address and remove systemic
to domestic violence, sexual assault, and trafficking barriers Indigenous women face in the United States. As
reflects a system-wide failure beyond that of individual Rose Borkowski, a Yup’ik elder and lifelong advocate
employees. It is clear that meaningful consultation is for Native women, often said during her life, “Nothing
essential. The inclusion of consultation and mandated is impossible, everything is possible.”
32 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center
Tribal calls for justice, vigils, marches, and testimony
The Failed Response of State Justice Agencies to before the Senate Committee on Indian Affairs, of the

Investigate and Prosecute MMIW Cases


overwhelming number of cases the following provide
glaring examples of the disregard for the lives of Native
A Pattern and Practice in Violation of the U.S. Civil Rights Act women:
• January 2020: Kaysera Stops Pretty Places’
grandmother was told she died from a drug overdose,
only to have the toxicology report come back with
no indication of drug usage. Before a legitimate
criminal investigation could be undertaken, the
County Coroner cremated Kaysera’s body against
her family’s permission
• June 2017: Ashley Loring Heavy Runner’s sister
Kimberly Loring Heavy Runner testified in 2018
before the Senate Committee on Indian Affairs
concerning the failed law enforcement response.
• February 2015: Allison Highwolf’s mother was told
by one police officer, “Just because your daughter
died, the world doesn’t revolve around you.” In August 2019, 18-year-old Kaysera Stops Pretty Places (Crow) was
murdered in Big Horn County, Montana. Two years have passed since
MMIW awareness posters at Justice for Kaysera rally at Big Horn County Courthouse in Montana on August 27, 2021. / Photo courtesy of NIWRC. • July 2013: Malinda Limberhand, mother of Hanna her murder, and the Federal Bureau of Investigation, Big Horn County
Harris, was told, “You can search for Hanna Sheriff’s Office, and the Montana Department of Justice have done
The Civil Rights Act of 1964 prohibits discrimination
By NIWRC Team Members Rose M. yourself. She has probably gone to Sturgis with a nothing to undertake a criminal investigation into her death. /
based on race, color, religion, sex, or national origin. In
“Lashawaat” Quilt, Paula Julian, Kerri addition, the Act gave federal law enforcement agencies biker.” 2 Photo courtesy of Dr. Grace Bulltail.

Coffer, Amy Sparck, and Jacqueline “Jax” the power to prevent racial and sexual discrimination in • August 2006: June Lefthand, mother of Victoria
as the investigations into the murders of George Floyd and
Agtuca the use of public facilities and the delivery of services. Eagleman, was told, “Vickie is off partying.”3
Breonna Taylor committed by local law enforcement. It has
much broader applicability. Just as local law enforcement
The Civil Rights Act is known for high-profile cases
Disrespect from lack of awareness or compassion The families of MMIW have long-standing complaints agencies have exhibited discrimination by systemically and
concerning the U.S. Department of Justice (USDOJ), such
for grieving families is clearly wrong. In the case about the failed response and denial of justice-related routinely targeting people of color with unlawful acts of
of Indigenous women and their families, it is also a services by federal and state/local law enforcement violence, local law enforcement agencies across the United
violation of protected rights. agencies to the disappearance and/or murder of their 2 Restoration, Vol. 16, June 2019. https://n8ve.net/tKlEr States have exhibited a systemic and routine practice of not
loved one. This failed response represents a pattern 3 Restoration, Vol. VII, March 2008.
investigating or prosecuting the individuals who continue
In 1978, when Congress passed the American Indian or practice of local, state, and federal agencies not to murder American Indian women and girls.
Religious Freedom Act and earlier the U.S. Civil Rights responding to cases of violence against American Indian
Act of 1964, it was not intended to “specifically” women, as the number of suspicious deaths of American Civil rights laws apply to essentially any entity that
address the context of today’s crisis of Missing and Indian women and girls that go uninvestigated––despite In May 2012, the U.S. Department of receives federal financial assistance and encompasses
Murdered Indigenous Women (MMIW). Yet, the spirit an inordinate amount of evidence that a homicide has Justice Civil Rights Division opened an the program or activity funded to any degree by federal
and protections provided under these laws are applicable occurred––is staggering. investigation into three law enforcement financial assistance. The budget for the state of Montana in
and offer guidance on the current systemic barriers entities in Missoula, Montana. A year later, 2021, for example, where there are numerous complaints
confronting family members of murdered Indigenous In numerous cases, medical examiners, coroners, and they issued findings for the Missoula Police of discriminatory practices and denial of services by the
women. prosecutors have wrongfully reported the cause of death Department and University of Montana families of murdered Indigenous women, is $16 billion in
of American Indian women as undetermined, possible Office of Public Safety that identified a total, of which nearly $9.25 billion comes from the United
The Civil Rights Act of 1964 suicide, or hypothermia in order to quickly close the pattern or practice of failing to adequately States Treasury.4
“Simple justice requires that public funds, to which case. Families have complained that the failure to respond to and investigate allegations of
sexual assault against women. Again, in
all taxpayers of all races [colors, and national origins] properly investigate MMIW cases is based upon racial “No person in the United States shall, on the ground of race,
February 2014, their findings of the Missoula
contribute, not be spent in any fashion which encourages, discrimination against Indian women. In many cases, County Attorney's Office identified a pattern
color, or national origin, be excluded from participation in,
entrenches, subsidizes or results in racial [color or the remains are cremated before a full investigation can or practice of failing to ensure unbiased, be denied the benefits of, or be subjected to discrimination
national origin] discrimination.”—President John F. occur, at times without the family's consent. effective investigation and prosecution of under any program or activity receiving Federal financial
Kennedy, 19631 reports of sexual assault by women. assistance.”5
For decades, families of MMIW have been rebuffed
by the federal and state/local justice responders despite 4 https://n8ve.net/QwVVa
1 https://n8ve.net/a8z5V
5 Section 601 of Title VI of the Civil Rights Act of 1964 (codified at 42
34 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 35
Ceremony and traditions have meaning in
the lives of those who have passed and their One concern of many families of murdered Indigenous
loved ones who remain in this world. The women is the reality that county coroners have cremated
inherent right to believe, express, and exercise the remains of their loved one without, and in most
instances, against their consent as in the case of Kaysera
traditional religions is connected to the
Stops Pretty Places (Crow Tribe). In other circumstances,
ceremonies and traditional rites of passage mothers or next of kin are not allowed to view the
and departure of a loved one from this world. remains of their loved one, as was the case for Allison
Highwolf (Northern Cheyenne).

In the context of the U.S. Department of Justice Civil Rights Division. “Equal access to the protection of
(USDOJ), Congress created additional nondiscrimination police and the courts is a matter of basic justice.6
provisions for specific federal grant programs. For
example, the state of Montana receives numerous Many states, like Montana, receive federal financial
grants from the Office of Justice Programs and Office assistance and have a legal obligation to comply with
on Violence Against Women for justice-related services, civil rights requirements above and beyond those that
such as the Violence Against Women Act, Edward Byrne otherwise would apply.
Memorial Justice Assistance Grants, and numerous other
federal grant programs. Failing to respond, investigate, and prosecute suspects in
cases of American Indian women because of racial bias
USDOJ Investigation of Missoula Law reflects a pattern or practice of denial of equal services.
Enforcement Agencies
One example of the broader applicability of the Civil American Indian Religious Freedom Act
Rights Act is the 2014 USDOJ findings resulting from The American Indian Religious Freedom Act (AIRFA)
a 2013-2015 investigation of the Missoula Police affirmed freedom of religion is an inherent fundamental
Department, Missoula County Attorney's Office, and right guaranteed to all Americans by the First Amendment Participants and supporters gather for Justice for Kaysera 5K walk/run at Crow Agency in Montana on September 11, 2021. / Photo courtesy of NIWRC.
University of Montana Office of Public Safety. In May to the United States constitution.
What is the connection to the American Indian Religious beliefs of the specific people and their ways of life.
2012, the USDOJ Civil Rights Division opened an
Freedom Act in the case of a murdered Indigenous
investigation of these three law enforcement entities in The AIRFA provided that the religious practices of
woman? The concept of women as sacred is ignored and violated
Missoula. It focused on gender bias in the handling of American Indians are an integral part of their culture
when her family’s beliefs, ceremonies, and wishes for a
sexual assault complaints. and formed the basis of Native identity. Accordingly,
“On and after August 11th, 1978, it shall be the Native woman’s burial are not considered and observed.
it mandated that the federal government protect and
policy of the United States to protect and preserve for
In May 2013, the division issued findings letters for the preserve American Indians’ inherent freedom to believe,
American Indians their inherent right of freedom to How a family completes the ceremonial rites of passage
Missoula Police Department and University of Montana express and exercise their traditional religions.
believe, express, and exercise the traditional religions and grieving process in recognition of the loss of a loved
Office of Public Safety, identifying a pattern or practice
of the American Indian, Eskimo, Aleut, and Native one is damaged, and in some cases, destroyed.
of failing to adequately respond to and investigate One concern of many families of murdered Indigenous
Hawaiians, including but not limited to access to sites,
allegations of sexual assault against women. In February women is the reality that county coroners have cremated
use and possession of sacred objects, and the freedom to The very spirit of the AIRFA is violated in the ongoing
2014, the division issued a separate findings letter to the the remains of their loved one without, and in most
worship through ceremonial and traditional rites.” 42 disregard of families for handling the remains of their
Missoula County Attorney's Office, identifying a pattern instances, against their consent (for instance, the case of
U.S.C. § 1996 (2011). murdered loved one. Such violations and disregard
or practice of failing to ensure unbiased, effective Kaysera Stops Pretty Places, Crow Tribe).
for AIRFA cannot continue. While AIRFA contains no
investigation and prosecution of reports of sexual assault
Ceremony and traditions have meaning in the lives of penalty provisions, the impact of the mishandling of
by women. In other circumstances, mothers or next of kin are not
those who have passed and their loved ones who remain the remains on the ceremonial and traditional rites of
allowed to view the remains of their loved one. (Allison
in this world. The inherent right to believe, express, the woman and her family must be acknowledged and
“A police department cannot truly protect women in its Highwolf, Northern Cheyenne)
and exercise traditional religions is connected to the prevented in the future.
community without being prepared to respond to reports
ceremonies and traditional rites of passage and departure
of sexual assault effectively and without bias,” said Roy And in other cases, the cremated remains are mailed back
of a loved one from this world. In 1978, the AIRFA created a path forward by including
L. Austin Jr., Deputy Assistant Attorney General for the to grieving families.
a policy mandate for federal departments. Section 2
How one enters and leaves this world are two points in states: “The president shall direct the various Federal
U.S.C. 2000d), DOJ implementing regulation: Subparts C and D of 28
C.F.R. Part 42. 6 https://n8ve.net/wFpyF the life of a human being that are encompassed in the departments, agencies, and other instrumentalities
36 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 37
does not promote, advocate, or provide analysis on any
Artwork by
Danielle specific MMIW legislation, it does include summaries
Fixico. of the legislation, its status, links to relevant news
articles, and more. You can access the tracker at niwrc.
org/mmiw-state-tracker.

NIWRC
MMIW State How To Use the Tracker

MMIW awareness T-shirts at Justice for Kaysera rally at Big Horn MMIW awareness posters at Justice for Kaysera rally at Big Horn County
Legislative The Tracker is ordered alphabetically by
state. In each state with MMIW legislation,
County Courthouse in Montana on August 27, 2021. / NIWRC. Courthouse in Montana on August 27, 2021. / NIWRC.
Tracker you can find the bill number, status,
At August 27 complicit in this denial of religious freedoms must be held By Zinaida Carroll, important dates, the bill title, a summary of
Justice for Kaysera accountable. IT Support and the bill, links to the full text and summary,
rally at Big Horn Communications and relevant news articles. Simply scroll up
County Courthouse
in Montana, a When States and Counties Fail Assistant, NIWRC and down to move through the different
MMIW awareness The USDOJ has a responsibility to investigate state/ pieces of legislation, and left to right to
poster calls for local agencies with a pattern or practice of inadequately learn more about a piece of legislation.
attention on the
suspicous death responding to cases of MMIW based on a demonstrated The new Missing and Murdered Indigenous Women
of Henny Scott, a pattern of discrimination against American Indian women (MMIW) State Legislative Tracker is a navigational • To read more information about a piece
14-year-old girl and girls. database offered by NIWRC to assist the national of legislation: click on the double arrow
who was found
murdered on the movement in monitoring and understanding pending icon in the right corner of each cell to
Northern Cheyenne Indigenous women who are abused, trafficked, abducted, local legislation addressing the crisis of MMIW. expand.
Reservation on or murdered within the jurisdictional authority of a state
December 28,
2018. / NIWRC. or county have a legal right to the full range of justice- “The NIWRC is pleased to launch the Missing and
related services. Murdered Indigenous Women (MMIW) State Legislative
responsible for administering relevant laws to evaluate Tracker,” said Lucy Simpson (Diné), Executive Director,
their policies and procedures in consultation with The USDOJ is the arm of government with the authority NIWRC. “As the grassroots movement continues to
Native traditional religious leaders in order to determine to investigate, prosecute, and correct this failure by state/ organize locally and nationally, there is an increase in
appropriate changes necessary to protect and preserve local governments and violations of the Civil Rights legislative reforms to respond to this crisis. We hope the • Search for legislation: use the
Native American religious cultural rights and practices. Act. It also has the authority to enforce the numerous Tracker will support these efforts for social justice to magnifying glass in the top right corner
Twelve months after approval of this resolution, the anti-discimination mandates of funding under other monitor state legislation.” of the Tracker to search for your state
President shall report back to the Congress the results congressional acts administered by the Department. or a bill (using the bill number or title).
of his evaluation, including any changes which were The MMIW State Legislative Tracker is a continuation For example, if you are from Arizona,
made in administrative policies and procedures, and any It is urgent that the new missing and murdered unit of the MMIW Monthly Legislative Summary, previously search “AZ”.
recommendations he may have for legislative action. at the Department of Interior develop guidelines and released as part of our monthly legislative update. Now • Use the filter tool: click on the icon
informational materials, including: in the form of a navigational database tracker, it is a with three lines in the top left corner if
In June 2021, six national organizations issued a • Guidelines for state/local and federal departments, tool to support Tribal grassroots leaders, the family and you want to limit the type of legislation
6-Point Action Plan to respond to MMIW. Point five of including training, charged with responsibility community members of MMIW, grassroots advocates, you are looking for. For example, if
the action plan is consistent with the spirit of the AIRFA for handling the remains of murdered Indigenous and state and local legislators to easily search legislation you are only looking for bills that have
and calls for federal action: “Implementing a thorough women, including offices of the coroner. relating to MMIW within their state and across the passed, choose “Status” is “Passed”.
federal response to MMIW by requiring every federal • A fact sheet on the legal process and rights of family country.
department to develop action plans with meaningful members of murdered Indigenous women after her
consultation with American Indian Nations and Native remains are found. “There are currently over 30 pieces of legislation related
Hawaiians to address MMIW.”7 • Guidelines for federal departments, including to MMIW at the state level moving through the process
training, in responding to missing and murdered or already signed into law within this legislative session,” Help Update MMIW Legislative Tracker
The local, state, and federal agencies that failed these Indigenous women cases, including that her family’s Simpson said.
women in life are also failing and desecrating them wishes must inform the process. Given the urgent If you have any information or updates
after their deaths. Those departments and agencies nature of the crisis of MMIW, every missing case This educational policy tracker is a compilation of about legislation relating to MMIW in your
must be given priority as a potential homicide. current legislation (2020-2022) at the state level focused area, fill out this form: bit.ly/3mVdFuy
7 Restoration, June 2021, p. 49. https://n8ve.net/3Ea1I on addressing the crisis of MMIW. While the tracker
38 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 39
DEMAND
JUSTICE

VOICES OF
THE FAMILIES
OF MMIW

#JusticeForKaysera
Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 41
WHO SPEAKS FOR US?
When Media Coverage Fails the Voiceless,
"
It’s On Us to Speak our Truth about MMIWG multiple follow up calls with each of these people that
say they will check and get back to me. No one ever
By Dr. Grace Bulltail, Aunt of 18-Year Old
gets back to us. Advocating for justice for a missing or
Kaysera Stops Pretty Places Who Went murdered loved one takes a team–luckily those of us
Missing and Was Murdered in August 2019 family members doing this work have support from key We are the experts.
advocates. We have done all the work.

"
This past November during Native American Heritage Similarly, a few months after Kaysera was murdered, a
On the other hand, there are countless mothers I see
Month, I saw various attempts by the mainstream media Vice News crew was in contact with me and my family.
trying everything they can on their own. Media is
at making contemporary Native Americans visible. This Each of these media teams asks for multiple meetings
uninterested because apparently their cases are too
programming has included our stories of missing and and phone calls asking you to walk them through the
complex, are older “cold” cases, the victims are not
murdered Indigenous women and girls (MMIWG). circumstances of the disappearance and death of our
young enough, or are not the “ideal blameless victim” I have little faith in our MMIW stories being told in
Perhaps this is the only time media executives feel this girl, then asking again to repeat the story to another a meaningful way by the mainstream media. Our cases
or surviving family.
coverage is relevant. More likely, it is an attempt at member of their team. They would ask to be put in touch are often oversimplified, and basic details are not
acknowledging coverage of missing non-white women with more family members to speak with them. These
Sadly, something that I have noticed is that there is a completely understood by media hosts, even former
has been limited after the uproar of disproportionate are hours and hours of our time, energy, and heartbreak
window for coverage of our stories. If we don’t yell loud prosecutors, coming into our communities. And worse,
coverage following the disappearance of Gabby Petito. that we share to get our girls’ story told.
enough, we don’t make it through that narrow passage, I have noticed several TV shows or documentaries
but whose fault is this–certainly not ours. It is of those interview an “expert” who is not familiar with our cases
Whatever the reason, our families have been waiting When any filming happens, it is totally up to the media
controlling this timeframe and how fast we have to run or has not done anything to assist with our case in any
way too long. It is not a coincidence that these news team’s schedule, and we are responsible for finding
and how high we have to jump to gather enough escape way. “Experts” who make concluding remarks on the
articles and TV features happened to materialize in days to accommodate their schedules. As someone who unsolvable fate of our cases. Watching the Oxygen
velocity.
time. We had filmed them over a year ago, and like most works out-of-state, I made efforts to schedule my trips to Network documentary, I yelled at the television, “Oh
projects, we contribute our energy and time, yet we Montana around the media teams, but it has not worked
It is not our job to make our cases sensationalized really? What investigation have you done? What original
never know if they will see the light of day. out. The Vice News segment also ran nearly a year after
enough for you, the media or the public, to organize assessment and analysis have you done?” This basically
it was filmed. We kept waiting for it, seemingly finally
an event for you to cover in rural Montana, as many assigns the credit for our work to these “experts” making
I am speaking of a documentary that we were contacted airing during a slow news cycle.
media outlets had wanted. I spent countless hours over careless assumptions and conclusions about our loved
about over two years ago, filmed last summer and I only
several months telling a New York Times reporter about ones’ cases.
learned it was going to air because of a press release. I have Here is another point of frustration with the way the
Kaysera’s story only for him to reduce her case to a few
set Google Alerts for my niece’s name, Kaysera Stops media understands our families: we do not fit your typical
sentences in his article. Apparently, our heartbreak is Our own research and analysis does not need to be
Pretty Places, as a way to find any media coverage. One victim narrative. Our Native families are not a monolith.
not enough yet we continue to give and give and give validated by some “expert” for it to be told on television.
alert was sent about the documentary that was set to air Media primarily wants to hear from the mother of the
from it.
within the next weeks on the Oxygen network, “timely” stolen loved one. They ask to speak to her to recount some We are the experts.
as the press release stated. ‘Really?,’ I thought to myself, of the most personal details. In Native communities,
‘You all have only sat on this project for over a year.’ The what we know is that we should not put this advocacy We have done all the work.
documentary featured interviews with several MMIWG onus on the mother alone. Each family’s dynamics are More information
family members including Kaysera’s grandmother and complex. It requires several family members to run social
cousin. I had been filmed over video call, but my footage media pages, answer emails, respond to media inquiries, about Kaysera’s If our stories are going to be told, it needs to be in
our voice. Our truths do not have to be filtered through
was not included. I did not particularly mind because the organize protests, run justice campaigns, file complaints,
production team had wanted me to agree to exclusivity make FOIA requests, seek legal advice, consult medical
story is available experts to be palatable to mainstream audiences. That
is not why we share our stories. We are going through
and not share Kaysera’s story with any other television and forensic experts, and join advocacy efforts. Each of at bit.ly/34hAvml. horrific experiences; this is our reality.
project. these activities takes several iterations. I have to make

42 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 43
“The goal of these events were first and foremost to
honor the life and memory of my niece, Kaysera,”
Bulltail said. “She would have been 19 this year, and
those responsible for ending her life must be brought to
justice. On the one year anniversary of her murder, my
hope and prayer is that our call for justice for Kaysera
10/16/2020 slack-imgs.com (960×720)
will shed a light on the injustices that our Native families
face not just in Big Horn County, but all across the
United States.”

HIGHLIGHTS
2019 #JusticeForKaysera Campaign

Vigils and Ceremonies


August 24: Family Vigil held in Hardin, MT
August 29: Memorial and closing prayer with
the family in Hardin, MT.
September 11: Prayer Ceremony held in
Hardin, MT.

JUSTICE FOR Community members gather to raise awareness of Kaysera Stops


Webinars
3 webinars hosted by Kaysera’s Family
1) Background and updates on Kaysera’s case,
KAYSERA Pretty Places’ story. / Photos courtesy of Justice for Kaysera
Facebook page.
https://slack-imgs.com/?c=1&o1=ro&url=https%3A%2F%2Fpbs.twimg.com%2Fmedia%2FEhapW3xWkAMaQM0.jpg
ft. Mary Kathryn Nagle and Dr. Grace Bulltail
1/1

2) MMIW in Media, ft. journalists Connie


#JusticeforKaysera Walker and Luella Brien
Sovereign Bodies Institute, This summer, the family of Kaysera Stops Pretty Places, 3) MMIW Policy and Advocacy in Big Horn
County, ft. Kandi Mossett White of Indigenous
NIWRC, and Pipestem Law the Sovereign Bodies Institute, the National Indigenous
Women’s Resource Center, and attorneys at Pipestem
Environmental Network

Unite In Call For Justice For & Nagle Law launched a three-week campaign—
https://slack-imgs.com/?c=1&o1=ro&url=https%3A%2F%2Fpbs.twimg.com%2Fmedia%2FEhapW3zXYAEnMv5.jpg 1/1 1 webinar hosted by SBI
MMIWG issues featuring Annita Lucchesi, Dr.
#JusticeForKaysera—in honor of Kaysera’s memory
Kaysera Stops Pretty Places and to demand justice for her and her family.
Grace Bulltail, and other advocates

Letters
“We have been ignored,” said Dr. Grace Bulltail, Advocates were invited to send letters
Adapted from “Justice For Kaysera”, Kaysera’s auntie. “We have written letters, requested to officials who failed to bring Justice to
meetings, made phone calls, provided witness Kaysera and her family:
Restoration Issue 17.3 | November 2020 was found in the same neighborhood where she was last Big Horn County Sherriff,
seen alive, on the morning of August 29, 2019. Law statements—we have done all that we can possibly Laurence Big Hair
enforcement, however, did not inform the family that imagine to convince law enforcement to investigate the Owner of Buillis Mortuary,
Kaysera’s Story Kaysera’s body had been found until September 11— murder of my niece.” Terry Bullis
On August 14, 2019, Kaysera Stops Pretty Places almost two weeks later. Federal Bureau of Investigation (FBI)
(Crow/Northern Cheyenne) celebrated her 18th birthday. Each day from August 24—the day Kaysera went Operation Lady Justice Task Force
She played basketball and football, ran cross country, Since September 11, 2019, the family has worked missing—through September 11—the day her body Montana Senator Jon Tester
and performed in several school theatre productions. diligently to collect and share evidence regarding was found, fellow survivors, Tribal leaders, advocates, Montana Senator Steve Daines
She had dreams of becoming an actress and a performer. Kaysera’s murder and the suspicious circumstances and allies joined in events including webinars, Twitter
Montana Governor Steve Bullock
She had a lot to look forward to. surrounding her tragic death. The family has shared storms, or sending letters to policymakers in honor of
significant evidence and tips with the Federal Bureau Kaysera’s memory or to call for justice for her and her
Twitter Storms
Ten days later, on August 24, 2019, she went missing of Investigation (FBI), the Big Horn County Sheriff’s family. The campaign ended on September 11, the day
NIWRC hosted 3 Twitter Storms for
in a suburban neighborhood of Hardin, Montana, less Office, and the Montana Department of Justice. So far, that the Big Horn County Sheriff’s Office finally notified #JusticeForKaysera
than a half mile off of the Crow Reservation. Her body all three of these agencies have done absolutely nothing. the family they had found Kaysera’s body.

44 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 45
“The goal of these
events were first and
foremost to honor
the life and memory
of my niece, Kaysera.
My hope and prayer
is that our call for
justice for Kaysera
will shed a light on
the injustices that
our Native families
face not just in Big
Horn County, but all
across the United
States.”
—Dr. Grace Bulltail,
Aunt of Kaysera Stops
Pretty Places

46 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 47
"
I hope that by sharing our story, that other
families can learn from our experience
and push law enforcement and systems
to take these crimes seriously from the
very beginning because as surviving family
members, we deserve answers and justice.
JUSTICE

"
–Tiffany Sorrell
FOR
LAVERDA Laverda Sorrell and her children at Salt River Canyon. /
Photo courtesy of Tiffany Sorrell.

Our Mother:
was unhappy in her marriage, through the arguing and changed that fateful night of July 4, and we’ve each
My paternal grandfather is The Water Flow Together holes being punched in the wall by my father, she stayed been deeply affected in very different ways. It has been
Clan. Ahéhee’ (thank you), for giving me the space to for us. We knew that she would not abandon us. a loss so great that it has impacted the way we have
Gone, but Never share my mother, Laverda Sorrell’s story. It took me a
long time to even talk about our mom and what happened The days following July 4 were a whirlwind. My aunts
learned to cope as adults. Being the eldest and only
daughter, I had a lot of responsibility on my shoulders.

Forgotten to our family. (my mother’s sisters) had not heard from my mother
for days which was completely out of character. It was
Growing up, my mother always told me to take care of
my brothers. My youngest brother still slept with her at
On July 4, 2002, my younger brothers and I drove to the not until I woke up to a couple of police officers in my night. For many nights after she went missing, I tried my
Navajo Nation fairgrounds in Window Rock to enjoy the room inquiring about my mother’s disappearance, that best to console my baby brother as he repeatedly asked
carnival and festivities of the Navajo Nation Fair. Our I realized something was not right. Edison said that he when mom was coming home. Life did not stop, and we
Carrying Her Love Forward parents followed us there where we all went our separate
ways noting that we would have to make curfew. Little
dropped her off at her office at 11 p.m. on the night of
July 4, 2002, and the man she was having an affair with
had to continue with school, work, and everyday life
including struggles, hardships on top of the sorrow that
and Praying for Her Return did I know that this would be the last day that we would picked her up. His account sounded very odd as this was we carried in our hearts. As the days, months and years
Home So We Can Honor ever see our mother. not the usual pattern we had observed as children. When
my parents fought, my mom usually went to her sister’s
went by, I inevitably took on the mother role for my
brothers. I would take my brothers to school, pick them
Her Life and Sacredness My younger brother Nicholas Sorrell decided to stay house who lived just a mile from my mom’s workplace. up, go to their parent-teacher conferences, feed them,
with his cousins leaving my baby brother, David Sorrell, help them with their homework, and obtain summertime
By Tiffany Sorrell, Diné, Daughter of and I to return home together. Being a teenager, I lost Sadly, while trying to understand what happened to employment to buy them school clothes and necessities.
Laverda Sorrell, Missing Since 2002; track of time and was worried that we would be in our mother along with the devastation and fear we felt,
trouble for being late. I remember speaking with my we also had to endure hurtful words by our own father. My mom really was the glue that held our family
Edited by Rose M. “Lashawaat”
father, Edison Sorrell, to let him know that we were on He attacked her character by telling us that she chose to together. Without her, we all fell apart. As adults we’ve
Quilt, Yakama, Director of Policy and our way home. After rushing home, we found it unusual leave us. We were also told that we didn’t really know done our best to slowly piece things back together.
Research, NIWRC that no one was home. Confused, we continued our night her. That she had a drinking problem. That she was Today, we are now able to look back and clearly see
and lit some fireworks before bed. having an affair. All these statements tore through our the gaslighting and victim-blaming that took place.
Yá’át’ééh shik’éí dóó shidine’é. Shí éí Tiffany Sorrell hearts and did not align with the mom that we knew and When she disappeared, there were so many mistakes
yíníshyé’. Tábąąhí nishłį́ Kinłichíí’nii bá shíshchíín. The next morning when we asked where our mom was, loved. and missteps that took place with the investigation and
Ma’iideeshgiizhnii dashicheii. Tó’aheedlííníí dashinálí. Edison said, ‘She left to be with that man.’ My parents law enforcement. Despite evidence presented, the law
Hello, my relatives and my people. My name is Tiffany were having marital problems and were planning to get a Our lives were forever shattered, not just for us children, enforcement officers would not follow-up to further
Sorrell. I am Water’s Edge Clan. Born for The Red House divorce. He (Edison) always told my mom to leave, but but for our grandparents, aunts, uncles, and cousins on investigate. We also weren’t united as a family which
People Clan. My maternal grandfather is Coyote Pass. he would not allow her to take us with her. Although she my mom’s side. As her children, our worlds completely made it difficult to collectively pursue the investigation
48 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 49
and truly advocate on her behalf. The investigation of
my mom’s disappearance forced me to face many things,
including all the trauma and heartache that I had buried
for many years. Although it has been tough reliving the
events of that night, it really has also been a healing
journey. As a family, once broken, we have united in
advocacy for my mother.

Through this incredibly hard journey, not only in


seeking answers and justice, my brothers and I also want
her true character to be remembered and honored. She
unquestionably was a loving mother, sister, and friend.
I always remember her warmth and that our home was
always open and welcoming to our family and friends
for countless holidays, birthdays and Super Bowl
gatherings. My mother did not abandon us. She would
never abandon us. She loved us and loved her family
deeply and unconditionally.

I hope that by sharing our story, that other families can


learn from our experience and push law enforcement
and systems to take these crimes seriously from the very
beginning because as surviving family members, we
deserve answers and justice. Do not allow the authorities
to ignore or devalue your loved one or place any fault
on the victim for the harm that befell them. I hope
that sharing her story will help push the investigation
forward and reveal what truly happened the night of her
disappearance. No child should have to endure what we
went through as children.

In keeping with my mother’s words and teachings,


we’ve grown to be independent and strong knowing
our mother is watching over us and guiding us. Our
grief continues because we miss her physical presence
to see us through our many trials and tribulations and
miss her beautiful smile in celebrating our successes
and accomplishments. Today, she now has two beautiful
granddaughters who carry her love and light. I wish
she could have been here for all of it. But for now, and
always, we, as her children, carry her love forward and
pray for her return home so that we may lay her to rest in
a way that honors her life and sacredness. “I do this work to honor and seek
Ahéhee’.
justice for my sister Laverda and all
missing and murdered Indigenous
women.”
(Top) Tiffany Sorrell at her PhD graduation with Laverda’s grandchildren
Daveena (left) and Demetria (right).
(Bottom) David Sorrell at Odysea with his daughters. /
—Charles Guy, Brother of Laverda Sorrell
Photos courtesy of Tiffany Sorrell.
50 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 51
JUSTICE
FOR
HANNA
A Conversation
with Malinda
Limberhand Hanna Harris and her son in 2012. / Photo courtesy of Malinda Limberhand.

aware of the full spectrum of violence that perpetuates


the MMIWG crisis.
Speaking with the
Mother of Hanna “When Hanna went missing, there were 21 missing
girls just from our reservation. It was a real eye opener.”
Harris, Who Went
Missing and Was Malinda learned that Hanna was just one of hundreds Hanna’s sister, Rose Harris (left) and Hanna’s mother, Malinda Limberhand (right) at walk for justice.

Murdered in 2013 on of Native women and girls on or near reservations that


are reported missing every year, and one of thousands of
May 5, 2018. / Photo courtesy of Malinda Limberhand.

the Northern Cheyenne MMIWG cases across the country.1


vigorous advocate. “There’s nothing we can do about
my daughter being gone. All we can focus on is how we
“My heart is in it.”
After almost a decade of advocacy, Malinda has come to
Reservation can raise awareness and make the changes to increase recognize patterns that help her to support other mothers
Being the mother of a MMIWG and raising her protection of Native women. That’s why resources, and families dealing with MMIWG. In November 2021,
daughter’s son has led to many thoughts and talks about family and support are critical.” she advised a mother that reached out to her about her
what could have been for Hanna as a near 30-year-old missing girl.
woman today: Malinda thinks Hanna would have been
By Amy Sparck, Cup’ik of Chevak, Policy a Special Education teacher, and Hanna’s son thinks he
Becoming an advocate has not been an easy journey–
Specialist, NIWRC especially for families that observe their traditional “She didn’t know what to do. I remembered how that
would have a brother or sister by now. Then the truth faith–because advocacy means making the significant felt and I didn’t want her to feel like she was all alone.
sets in and Malinda cautions her grandson to know the decision to speak of a loved one who has traveled on, I helped her understand how to file a Missing Person’s
Malinda Limberhand of the Northern Cheyenne Tribe, difference between wishes and reality. That there is no but knowing how important Hanna was to her family Report. I talked to her about how to make a Missing
a member of NIWRC’s MMIW Family Advisory Group, way for them to know how Hanna’s life could have been is what drives Malinda to organize for other families ofPoster, and then immediately share the poster via social
took time to talk with Restoration about how families might be a reality best not to dwell on; but knowing what MMIWG. media. The advice helped her.” The mother found her
of Missing and Murdered Indigenous Women and Girls a good person and mother that she was is a reality worth daughter the next day–the day a search was planned, that
(MMIWG) come to terms with advocacy, and how they thinking about. Malinda’s grassroots advocacy helped to establish the thankfully did not have to happen.
live with unexpected loss, love and grief as their family May 5th National Day of Awareness for Missing and
prepares to enter a decade of life without Hanna. “We cannot be silent. We must work for Murdered Indigenous Women and Girls observed on Malinda’s heart is happy for families that find their
justice for MMIWG.” Hanna’s birthday. The National Day of Awareness is loved one, but she believes more needs to be done for
Though Malinda and generations of her family were For family survivors of MMIWG, their lives often now observed in the U.S. and Canada and increasingly the families whose loved ones are missing or murdered.
raised with knowledge about violence against Native circle the same pattern of contemplating ‘would have’, around the world. Malinda’s advocacy was also essential “My family got legal closure and we were able to lay
women in their homelands, it wasn’t until her 21- ‘could have’, ‘should have’ for their loved ones. While to the increased awareness leading up to the passage of Hanna to rest in ceremony, but not all families are able
year old daughter Hanna Harris (herself a new mother the words are mere notions, their cycles of thought are Hanna’s Act and a slate of bills in Montana to improve to do the same.”
to a 10-month old) went missing from the Northern powerful enough to consume the energy of even the most coordinated law enforcement including joint outreach,
Cheyenne reservation on July 4, 2013 and her body response, data management, reports, investigation, and Malinda’s deep family love and personal faith in the
found four days later, that Malinda became tragically 1 https://dojmt.gov/mmip-home/data-analysis training to address MMIWG. Northern Cheyenne tradition, and the church helped her
52 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 53
When I reported my
daughter missing, the chief
of police told me, ‘She’s
probably scared to come
home.’ I was told I could
search for Hanna myself. We
did the search and found
Hanna, but it was too late.
Having a dedicated resource
in the Department of Justice
and a requirement that law
enforcement takes a missing A mother’s JOURNEY
for justice
person report could have
helped my daughter.

"
–Malinda Limberhand For Her Daughter and All MMIWG and Their Families
By Malinda Limberhand, Northern Cheyenne, Mother of Hanna
From left to right: Malinda Limberhand, Hanna Harris, and Hanna’s Harris Who Went Missing and Was Murdered in July 2013
sister, Rose Harris in 2012. / Photo courtesy of Malinda Limberhand.

I want to thank all of you for honoring MMIWG. Each As a mother of a Native woman who became one of the
get through depression after Hanna’s death and court national movement to her life and considers herself one of you through your actions are taking action to say “Missing and Murdered” I am committed to organizing
proceedings. “It helped me. Everyone needs a place to lucky. “I participate in a MMIW Family Advisory Group enough-is-enough. Together we are raising our voices to make these changes happen.
get help or to talk about feelings.” There ought to be developed by NIWRC in 2021. It creates a space for me calling for justice for our Native women and girls. We
support and resources for others, particularly for those to talk about my grief and learn about actual DOJ Tribal are saying to the world that the lives of Native women I do this for my daughter and all our missing and
that may not have the same close family, community or contacts in Montana, instead of a national call center. and girls are important. murdered Native women.
spiritual connection, or for those suffering the loss of My family also received support from our community
loved ones alone. here at Lame Deer to develop Tribal solutions for our Hanna went missing on July 4, 2013. Like in so many This is not a new problem. It is an old problem.
family and the Tribe’s safety and well-being. This sort cases of missing Native women the system was slow Traditionally Native women were respected. Today we
Grief is always present for families of MMIWG, thus of support and resources should be available for all to respond. We as her family, friends, and community face levels of violence greater than any other group
resources and support are always important. In October families at all points when they’re seeking safety, justice, had to conduct the search for Hanna. And this is what of women. This violence touches every family. Every
2021, Malinda and her family suffered a devastating and closure for their missing and murdered loved ones.” happens across Indian Tribes when a Native woman or Tribe has Native women who are missing or have been
bout of grief when they received a Victim Notification girl goes missing or disappears. murdered.
letter from the U.S. Department of Justice (DOJ) When asked what Hanna would think about her mother
regarding the impending transfer and early release of becoming a national advocate, Malinda responded: This failed response is not acceptable and must change. Since Hanna went missing and was found murdered
a prisoner involved in Hanna’s murder back into their “I prefer not to think for Hanna, but I am touched I have become very aware of how large a problem we
community. Malinda’s whole family was overwhelmed that my grandson, Hanna’s son, and family are proud The National Week of Action and May 5th Day of face as Native women and as Tribes. The Department
with questions, anger and grief. “I realized that despite of my advocacy. I do this work helping others with Awareness are so important to telling our story. We are of Justice has found that in some Tribal communities,
my experience as a national advocate, there are times love and compassion to keep other families, even telling the world Native women do matter. We are telling American Indian women face murder rates that are more
when I just don’t know what to do.” one, from going through what we went through. Just the world the disappearance of a Native woman or girl than 10 times the national average.
like I know Hanna would have done.” must be responded to and not ignored.
This is where Malinda feels the importance of the
54 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 55
I do this for my
daughter and all our
missing and murdered
Native women.
–Malinda Limberhand

Hanna was just 21 years old when she


"
went missing. Her future was stolen, and
her beautiful son denied his mother. Like
Hanna murdered Native women will not live
to see their potential or dreams come true.
Their Tribes will not see their talents and
contributions.

As a mother, nothing will replace the loss of


my daughter, but by organizing to support the
National Day of Awareness, and creating the
changes needed I know it will help others.
And Hanna and so many others will not be
forgotten.

To end this problem, we must understand it.

Many Native women go missing or are murdered by a From left to right: Nadine Weaselbear, representative Rynalea Whiteman
Pena and Malinda Limberhand / Photo courtesy of Malinda Limberhand.
rapist, abuser, sex trafficker, or as in the movie “Wind
River” oil rig workers. These men rape, abuse, beat,
and murder Native women because we are seen as The National Week of Action ending in a National Day
of Awareness for Missing and Murdered Native Women
“Bad people commit these horrible
“unprotected.” They know nothing will be done?
and Girls will help shed light on this horrible reality. crimes against Native women but it
Acceptance of violence against Indian women is not
new. It goes back to the Indian wars and the boarding Our movement is growing. To all those supporting is the system that allows it to happen
schools when violence was used by the government. It
also goes back to an old standard of not doing anything
missing and murdered Native women around the world I
say thank you! I ask you to wear red to honor our missing
generation after generation. This needs
when an Indian woman was raped, beaten or murdered. and murdered Native women and girls! Post your actions to stop. The system must change.”"
It is an old problem we continue to live with today. on social media! Tell the world of these crimes!
–Malinda Limberhand, Northern Cheyenne,
Bad people commit these horrible crimes against Together we must stand for justice and safety for Mother of Hanna Harris
Native women but it is the system that allows it to our daughters, granddaughters, sisters, mothers,
happen generation after generation. This needs to stop. grandmothers! We must stand for all Native women and
The system must change. girls!

56 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 57
JUSTICE FOR
DAISY MAE
By Patricia Whitefoot,
Sister of 29-year-old Daisy
Mae Heath, Yakama Nation
and Warm Springs Tribe,
Who Went Missing in 1987

Shix patchway, inmima tiinma. Inknash wanikshash


Twapat, kuu pashtinwitkiy Patricia Whitefoot.
A photo of Daisy Mae Heath (Yakama Nation and Warm Springs Tribe). /
Kwalaaninam ashanisha National Indigenous Women’s Photo courtesy of Patricia Whitefoot.
Resource Center. (Good day, my friends and relatives
across Indian Country. My Indian name is Twapat, family. Or she would travel to play basketball or softball "As legislation is
(name of my great-great grandmother) and my English
name is Patricia Whitefoot. My heart is happy on this
in the Northwest, where she excelled in sports as an
All-Star and MVP player. As an energetic and fiercely considered at the
day in fulfilling the vision of the National Indigenous
Women’s Resource Center in remembrance of our loved
determined young woman, Daisy was able to fend for
herself, if needed. On October 29, 1987, Daisy Mae was
state and federal
ones. I am a life-long resident of White Swan, WA, reported missing. She has been missing over 30 years. level, it’s imperative
that our family
on the Yakama Indian Reservation in South Central During this time, there were other women from our rural
Washington. As citizens of the Yakama Nation, our community of White Swan who were murdered or went
family has lived and continues our migratory way of life
in the vast Columbia River basin of the Northwest. In
missing.
voices are shared,
following the traditional ways of our ancestors, we are
able to sustain our livelihood, where family roots are
As legislation is considered at the state and federal level,
it’s imperative that our family voices are shared, heard
heard and respected,
deeply embedded. and respected, particularly as it pertains to our families particularly as it
pertains to our
and loved ones who endure this crisis daily for years in
In early fall of 1987, our youngest sister, Daisy Mae silence. As families of missing and murdered women,
Heath, age 29, (Yakama Nation/Warm Springs Tribe) was we simply seek calm and peace, a sense of justice, and
reported missing. Daisy was the youngest of six sisters, healing of our hearts. families and loved
who was raised by our maternal grandparents, along
with extended family. As a ranching family raised in
ones who endure
Medicine Valley along the Cascade Mountains, we were this crisis daily for
nurtured in our Indigenous way of life. Daisy Mae and
another younger sister, Beverly, who later passed away,
Listen to Patricia years in silence."
lived with me and supported me in rearing my children Whitefoot’s Women
and also helping with our many nieces and nephews.
Are Sacred Talk – Patricia Whitefoot, Yakama
As a lively young woman, it wasn’t unusual for Daisy to on missing Native Nation and Warm Springs
leave for extended periods to spend time with friends or
women: Tribe, Sister of Daisy Mae
family on the Yakama and the Warm Springs Reservation Heath, Who Has Been
in Oregon. Daisy would travel to the Columbia River n8ve.net/mmq5d Missing Since 1987
bordering Washington and Oregon to visit and fish with
58 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 59
BUILDING A
NATIONAL
MOVEMENT TO
RESTORE SAFETY
FOR INDIGENOUS
WOMEN
Organizing Actions for Justice

ORGANIZING
Strong Hearted Native Women’s Coalition working with Indian tribes to remember MMIWG.
San Diego, California. / Photo Courtesy of Paula Julian, NIWRC.

Inaction is the fuel beneath the surface of the crisis of response to the crisis of missing and murdered Native

ACTIONS
missing and murdered Indigenous women (MMIW). women and girls? Silence is not an option, and while
Government inaction to remove the systemic barriers to in-person gatherings and events are direct and close,
safety provide a revolving door for abusers and predators physical contact remains a risk.
to swing into and exit Indigenous communities with
impunity. Amid a chaotic government response, the nationwide

FOR JUSTICE
actions in support of the May 5th National Day of
To shift gears from ‘inaction’ to ‘action’, the national Awareness in 2021 occurred during a time of social
movement is calling for government accountability restrictions, shelter-in-place orders, and curfews, all
and an end to the social tolerance of violence against while thousands were diagnosed with the virus and
Indigenous women, their disappearances, and murders. many ultimately losing their life to the disease.

This story is told in the words of so many people when “With the health and well-being of our community
they talk about domestic violence, rape, and abuse of members in mind, particularly our elders and relatives
Indigenous women and say ‘I thought it was normal.’ It at high risk of complications of the disease, NIWRC
is a culture This normalization of violence reflects the adjusted its organizing for the May 5th National Day
social tolerance in the United States that continues to of Awareness for MMIWG to a virtual campaign,” said
justify colonization of Indigenous nations and peoples. Lucy Simpson, Diné, Executive Director of the National
The families, communities, and Indian Nations impacted Indigenous Women’s Resource Center. “The new normal
by MMIWG have lifted these injustices over the last requires us to use our collective creativity to do things
decade to create a new understanding and spotlight on differently, to create a plan, and politically impact the
these injustices. federal response to address MMIWG.”

Since 2020, the coronavirus (COVID-19) pandemic in Rising for Change During a Pandemic
a large way, slowed efforts on national issues of grave The COVID-19 pandemic has undoubtedly amplified
concern, including advocacy for MMIWG. In light of existing inequalities confronting Indian Tribes and
the social restrictions, we are asked as a movement: how Indigenous women, layers of inequality causing grave
do we continue to impact the government to improve the concern for those struggling to find safety from abuse.

Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 61
For many, the health crisis highlights the importance The United States implemented inhumane governmental
of rallying together as a movement to honor MMIWG policies toward Indian Nations, Native Hawaiians, and

#MMIW
and demand justice. While large in-person community Indigenous women. The foundation of the crisis of MMIW
actions may not happen, the possibilities of virtual is like two sides of a coin, with official government laws
organizing are unlimited. and policies of depredations representing one side, and
tolerance and inaction the other. The movement for justice

May 5, 2022 | Organize Actions for Justice!


Thousands of online and in-person events in May for MMIW challenges the violence against Indigenous
2020 and May 2021 included vigils, walks for justice, women and the systemic barriers that allows this crisis to
hill briefings, media outreach, social media activities continue.
including Twitter storms and Facebook events, national
webinars, and actions by artists. The color red was worn The justice marches, vigils, press conferences, and
as a national symbol in honor of MMIWG during events demands for change taking place across the continent
around the world. reflect the emergence of a new standard—holding the
government accountable for the criminals, government
These efforts are strong statements calling for change employees, and the public, who prey on Native women
and provide access for people to participate in the and girls with impunity. Increased educational awareness
national movement calling for safety and justice for is needed. We encourage you to organize conferences,
Indigenous women. We share the wide variety of actions community runs,and art displays; produce songs, videos
through the voices and stories of those who organized and films; and inform inform your legislative bodies so they
these inspirational campaigns for justice for MMIWG. support and pass resolutions honoring MMIW to create the
changes needed. We further encourage you to wear red and
“I want to thank all of you for honoring MMIWG. Each explain to those around you, to the world, why. The list of
one of you is taking a stand to say enough is enough. movement actions taking place is long; it is as varied as the
Together we are raising our voices calling for justice for people demanding change across the nation.
our Native women and girls. We are saying to the world
that the lives of Native women and girls are important, While large organized actions are essential, individual
and the MMIW crisis must be a priority.”—Malinda actions provide a social statement of the depth of MMIW.
Limberhand, Mother of Hanna Harris These actions relay to the world the reality that MMIW
touches all Indian Nations and Indigenous peoples. In
2022 National Week of Action for MMIW making these personal statements, the loved one is honored,
When a mother, daughter, or sister goes missing, communi- and we hope the family and community are supported.
ty action is needed immediately. We must replace ‘inaction’ Restoration showcases the following MMIW actions to
and ‘silence’ with the understanding of the urgency to act— lift, thank, and encourage everyone to participate in the
reporting to law enforcement, not accepting the “no action” 2022 National Week of Action culminating in the May 5th
response, and demanding a “yes crisis-mode” response. National Day of Awareness for MMIW.

“By organizing for changes to federal laws and policies,


we remove the foundation of tolerance for violence
against Native women. By demanding justice for
our missing and murdered sisters, we compel this
government to prioritize and take responsibility for the
crisis it has created through its laws and policies.”
—Rose M. “Lashawaat” Quilt, Yakama, J.D., Director of Policy and
Research, NIWRC

62 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 63
memorial walks
and rallies
Calling for Justice for MMIWG 2006-2021

October 2006, Memorial Walk October 26, 2016, Four 2013 Hanna Harris Rally April 20, 2018, Justice Rally
for Victoria Eagleman, Lower Directions Walk, Pine Ridge and 2018 Walk, Lame Deer, Juneau, Alaska
Brule Indian Reservation Indian Reservation Montana At the 83rd Annual Tribal Assembly of the Central
Council Tlingit and Haida Indian Tribes of Alaska,
Members of the Lower Brule Indian community and The family members of Jessie Renae Waters, murdered Malinda Limberhand organized for the third year marchers carried “Stop Violence Against Women”
South Dakota Coalition Against Domestic Violence in April 2015, are pictured carrying a banner and silent a walk honoring her daughter Hanna Harris and all signs and the images of two young women, Mackenzie
and Sexual Assault hosted a memorial walk from the witness in her honor during the October domestic MMIWG. members of the Northern Cheyenne Tribe. Howard and Jade Williams. Both young women who
culvert where Victoria Eagleman was found to the violence awareness walk. More than 120 people were found deceased in the last decade were from the
Lower Brule Community Hall. As the walkers passed, gathered and walked from the four directions to an Malinda said to walkers during the rally, “Today’s Native Village of Kake. Their cases remain unsolved
time seemed to stand still. Hearing the drum, Indian intersection on the reservation to bring awareness walk and the other walks being held are so important despite public outcry for justice. (Second photo from
people left their homes to join the walk, singing Vickie about murdered and missing Native women and to telling our story. We are telling the world Native top).
her honor song. The October walk for justice was domestic violence. Members of four families whose women do matter. We are telling the world the
one of the first to spotlight the issue of MMIW as a daughters, mothers, or sisters were either murdered disappearance of a Native woman or girl must be
national priority. Victoria Eagleman’s murder remains or went missing led the walkers from the east, west, responded to and not ignored.” (Top photo).
unsolved despite decades of national calls for justice. south, and north. The red silhouettes of women are
used as a national symbol to represent women who
lost their lives to acts of domestic violence.

64 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 65
and help fundraise to support their fight for justice and
the heart work. Then, my relationship in working with
the National Indigenous Women’s Resource Center ABOUT RISING HEARTS
(NIWRC) began as I wanted to raise funds on May
5, 2020, during the pandemic to donate towards their
advocacy and support they give to our relatives. As you
may have seen before, this led me to run 2 miles every OUR MISSION
hour on the hour, from sunrise to sunset on May 5th on Rising Hearts is an Indigenous
my treadmill. I shared who I ran for, resources, and a call led grassroots organization
to action to support the organizations I was donating to. committed to the heart work
After a long day and some extra days to recover, this led in elevating Indigenous voices,
to myself, my organization Rising Hearts, and NIWRC
promoting, and supporting
collaborating over the next year.
intersectional collaborative
Here we are in 2021, and almost welcoming 2022–and efforts across all movements in
both of our organizations have sat on panels together, cultivating community with the
goals of racial, social, climate

running for
Rising Hearts attended the virtual 2021 Women Are
Sacred conference and sponsored 10 individuals to attend, and economic justice. Our primary
as well as had NIWRC be a beneficiary for our virtual
focuses are to inform, elevate,
2021 Running For Justice 5k, 10k, and Half Marathon
mobilize, and organize through

justice for mmir


where we were able to donate just over $30,000 towards
their efforts. Then we organized two more virtual runs strategic and targeted advocacy
for Justice for Kaysera (and her family) in September and programming, establishing
2021 and Carrying Our Medicines in November 2021 to collaborative partnerships to help
Creating Space for Missing and Murdered Relatives, celebrate NIWRC’s 10-year anniversary. create a better, safer future, and
Their Families, and Those Taken by COVID-19 This work is what makes me feel most connected
environment for all relatives who
to those that inspire me, to learn from those that are inhabit this planet - past, present,
Jordan Marie Brings Three White Horses Daniel runs in marathons
leading these efforts to make me a better relative and and future.
By Jordan Marie Brings Three White throughout the year. / Photo courtesy of Jordan Marie Daniel.
organizer, and to brainstorm new ideas on how to uplift
Horses Daniel, Kul Wicasa Oyate, relatives and community members where our work has this fight for our women, children, relatives, and next OUR VISION
Rising Hearts intersected in some way. generations. And it’s the special connections like this, A socially, economically, and
all rooted in supporting our community and increasing
visibility of what we are doing and calling for support
environmentally just world where
Hi Relatives! In May 2020, an opportunity came to mind during the
pandemic–an uncertain and scary time for so many, and accountability in what we are fighting for. all who inhabit her are safe
It’s Jordan Marie Brings Three White Horses Daniel especially in Indian Country. We were experiencing and empowered to thrive while
here! I’m Lakota, a proud Indigenous woman, the so much loss (which we were all too familiar with in Now, Rising Hearts is planning events for the National realizing our collective potential.
founder and organizer of Rising Hearts. I wear many hats our history on these lands) and have lost so many since Week of Action. The events include a virtual run
that include being a Project Manager at the University the shutdowns to present day. One thing I realized, is ‘Running For Justice’ on May 5-8 for 2022; an in-person
event on Tongva lands/Los Angeles, CA on May 8; and,
VISIT ONLINE
of California Los Angeles (UCLA), Professional that our missing and murdered Indigenous relatives
were still being taken from their families and from our Instagram Live conversations and Rising Hearts virtual risinghearts.org
runner, Filmmaker (Producer & Director), Consultant,
community organizer, and the most important hat of communities, during a pandemic. May 5th was coming panels to continue awareness and calls to actions.
all–being a mother and creating sacred life with their up and I wanted to use this day to create space for our
journey from the stars to come earth side to join us in relatives who have been taken, their families, and those Just know, you can make an impact, whether big or
early 2022. taken by COVID-19. small, anywhere and anytime. There are plenty of ways
to be creative to help raise awareness, help fundraise,
All of the heart work I do, is in some way, shape or I have been using my running platform since April 2019 help amplify, and as long as the community, the cause
form, rooted in community and finding ways to bring at the Boston Marathon to run in prayer for our missing and those who are no longer here are centered, it will
us together while creating a better future for our next and murdered Indigenous relatives, to raise awareness, make a difference. We hope you join us!
generations. This has led to meeting so many inspiring uplift those in this advocacy space and the families,
Mitakuye Oyasin, all my relations.
66 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 67
national vigils
Honoring Missing and Murdered Indigenous Women
local Vigils
A Local Vigil for Savanna LaFontaine-Greywind

On August 19, 2017, Savanna LaFontaine-Greywind, People from Sioux City, Iowa and surrounding
22, went missing. Her body was discovered in the communities led many actions to honor Savanna
Red River outside Fargo, North Dakota, eight days including organizing local events. On August 31,
later. She was eight months pregnant at the time of her 2017, a group of over 60 people came together in
disappearance and her newborn baby was discovered remembrance of Savanna and all missing and murdered
during a search of a neighbor’s apartment. Indigenous women. The group consisted of many Tribal
communities and non-Indian allies.
Tribal leaders, joined by several hundred people, held a
vigil for Savanna on the steps of the North Dakota State “We started with a prayer, and two songs from the
Capitol in Bismarck on September 16, 2017. Similar grandfather big drum,” said Marisa Miakonda Cummings,
actions in support of Savanna have occurred across organizer and Sioux City community member. ”The
Tribal nations and communities calling for justice and first song was a southern song in UmoNhoN, and the
reforms to address the crisis of missing and murdered second song a northern song in Nakota. This represents
Indigenous women and girls. the diversity across Indian Country and the communities
at the event. We had several youth attend the event,
including many young women eager to offer help. We
had tobacco and a red cloth available for participants to
offer prayers. We then walked the red cloth to the river
and offered her our prayers. The reason the prayers were
offered to the water, is because Savanna was found in
2018 MMIW Vigil at National Museum of the American Indian, Washington D.C. / Photo courtesy of NIWRC.
water and water sustained her baby in her womb. We
stood at the river with our candles while a beautiful song
Families of missing and murdered Indigenous women members of Congress, and staffers towards drafting and was sung that spoke to our relatives in the stars. We had
and girls, their communities, advocates, Tribal leaders, implementing legislation that addresses the full breadth a female relative speak to women who died defending
and Tribal coalitions organize vigils to honor and call for
of violence against Native women,” said Lucy Simpson, their children having a very special place in the spirit
justice for their loved ones. Diné, Executive Director, NIWRC. “It is essential that world.”
Congress find a way to assist Tribes in the protection of
On September 11, 2018, a national vigil was held in the Native women and girls. Tribes, as sovereigns, are in the This remembrance event for Savanna LaFontaine-
U.S. Capitol at the Smithsonian National Museum of the best position to care for their people and this care must Greywind included various speakers from the
American Indian to honor Native women and girls who include the ability to prosecute non-Natives for violence community who shared their stories related to violence
are missing or who have been murdered. The candlelight committed on Tribal land.” against Native women. The speakers included the
vigil included a shawl ceremony, a drum circle, and following: Marisa Miakonda Cummings, UmoNhoN,
heartfelt prayers. The event was intended as a moment Speakers at the event included: Representative Gwen organizer and Sioux City community member; Gloria
of healing, one where advocates and leaders could come Moore (D-WI), NCAI Task Force Co-Chair Juana Majel Grant Gone, UmoNhoN elder, Michael O’Connor,
together and pray for a solution to this crisis that many Dixon, former NIWRC Senior Native Affairs Advisor Yankton Sioux and Sioux City community member;
of their communities must constantly confront. Caroline LaPorte, Mary Kathryn Nagle of Pipestem & Sasha Rivers, Winnebago Tribe of Nebraska, Sioux
Nagle Law, NIWRC Board Members Leanne Guy and City community member; Samuel Grant, UmoNhoN
“The National Indigenous Women’s Resource Center Carmen O’Leary, and Florence Choyou, the mother of and Sioux City community member; and Marguerite
organized the vigil in the hope that it will continue Hopi woman Monica Choyou who was murdered in Morris, UmoNhoN, Sioux City community member.
to be replicated across Tribal communities and will 2009. Singers included Samuel Grant, UmoNhoN; and Canku
mobilize grassroots Tribal advocates, Tribal leaders, Wakandgi, Ihanktonwan Nakoda.
Photo by Antonia L. Ybarra.

68 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 69
today i wear red Akwesasne, New York
Seven Dancers Coalition along with the Saint Regis
Mohawk Tribe collaborated and combined their events.
Local Organizing for the First National Day of The Day began with Chantel Henderson, a survivor of
being abducted twice, and now turned advocate and
Awareness for MMIWG activist, presenting at Seven Dancers Coalition with
the Three Sisters Program (top photo).

Saint Regis Mohawk Tribes hosted an awareness


On May 5, 2017, Native women and allies across the event located at Generations Park, in Akwesasne,
United States and internationally organized to take Lame Deer, Montana NY. Attendees voiced their concern and willingness
action for MMIWG. The actions culminated a two-year to help educate and raise awareness, as well as to
In Lame Deer, MT, on the Northern Cheyenne commemorate the lives of missing and murdered
organizing effort joined by more than 200 organizations Reservation, a walk for the National Day of Awareness
to create a National Day of Awareness for Missing and women and girls.
was organized by Malinda Limberhand, mother of
Murdered Native Women and Girls. Hanna Harris, and family. Hanna’s extended family, Local law enforcement was asked to participate in
Senator Steve Daines, the Tribal liaison for Senator this action campaign to recognize the victims and to
“Resolution 60 passed the Senate by unanimous consent Jon Tester, Tribal leadership, community members, bring awareness to the issue of Missing and Murdered
on May 3, 2017 two days before the day chosen as the and advocates joined the walk. The NIWRC national Native Women and Girls to a wider audience. Saint
National Day of Awareness in the United States. May office is located in Lame Deer and NIWRC was honored Regis Mohawk Tribal Police Chief, Matthew Rourke
5th was selected by the Montana delegation because it to join the walkers and provide the meal afterwards and Akwesasne Mohawk Police Services police chief
is the birthday of Hanna Harris who went missing in for all participants. Leanne O’Brien holding hands with Chantel Henderson
2013 on the fourth of July weekend here in Lame Deer,” —Lucy Simpson, NIWRC Executive Director (center photo).
said Lucy Simpson, NIWRC Executive Director. “We
Today is a meaningful day to commemorate Hanna’s
are excited at the tremendous response to honor missing life and the lives of others in Indian communities
and murdered Native women and girls, the increased with similar stories, many of which go untold and Pine Ridge, South Dakota
awareness, and organizing taking place.” unreported. We stand together as a nation, in solidarity
to say this epidemic of missing and murdered Native During a Four Directions Walk, more than 100 people
Individuals and organizations continue to organize each women and girls must stop. gathered at the Sacred Heart Church hall to speak
year to raise awareness for MMIWG on May 5th. Read —Steve Daines, Montana Senator out about their loved ones who went missing or were
some of the highlights from the first National Day of murdered. Many tears flowed as families spoke of
Awareness across the country. their experiences and trauma.

Darla Black, Oglala Sioux Tribe’s vice president, held


the Wiping of Tears Ceremony for the mourners and
spoke of the need for awareness and education. Two miniature dresses representing Emily Blue Bird
and Hanna Harris were present during the event. The
Larissa Lonehill, 21, was last seen on October 2, 2016, traveling display is being developed by Native Women’s
in Rapid City. Lisa Lonehill, Larissa’s mother, who Society of the Great Plains as one of their projects
attended the event said, “I miss my daughter every to build awareness and education in grassroots
day and hope they will be able to find her.” communities regarding the epidemic of missing and
murdered Native women (bottom photo).
Donna Salomon, Oglala Sioux Tribe’s secretary, spoke
for the family of Jessie Waters, who died on April 30, Karen Red Star, the tribe’s health education director,
2015. Jessie was with child and a young mother with who collaborated with the tribe’s employee assistance
two sons, a very caring woman. “How she was taken program, the vice president’s office, Sacred Shawl
from us is what hurts the most,” said Salomon. Society, and OST Victim Services to organize the event,
also drafted a proclamation that was signed by the
Sam Long, father of Hanna Harris, said Hanna would president of the tribe. The proclamation declared
be 25 years old on that day. “We chose today to honor May 5th as a day of remembrance for the Murdered
and remember our loved ones,” said Long. “All over, and Missing Native Women, Children, and Men of the
people are doing events such as this for awareness Oglala Nation.
and to remember them.”
70 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 71
social media
Raising Awareness through Virtual Platforms

As we reflect on our 2021 National Week of Action for activities, provided access for people compelled by the
Missing and Murdered Indigenous Women and Girls, MMIWG crisis to participate and take political action to
we want to thank everyone who shared their stories, call for safety and justice for Native women.
their time, and their work with us. We heard from the
families of MMIWG, grassroots advocates, tribal “Collectively, the #MMIWGActionNow campaign
leaders, members of Congress, survivors, and allies who reached more than 24 million people around the
are working toward systemic change to end violence world [in 2020], not to mention thousands of people
against Native women. who learned of the campaign with the help of our
Native media allies who continue to shed light on this
On May 5, 2021, NIWRC advocated for MMIWG issue alongside us. What we witnessed this year was
across our Facebook, Instagram, and Twitter pages and our communities and allies really coming together to
invited partner organizations and the public to help raise advocate for justice for MMIWG. This is a huge surge of
awareness with us. momentum that we can really build on going forward.”
––Mallory Adamski, Editor of Restoration, NIWRC
In 2020, NIWRC spearheaded May 5th actions Director of Communications and Advancement
strategically with our sister organizations to honor and
focus national and international attention on the MMIWG Join us in continuing this momentum in the 2022
crisis through the #MMIWGActionNow campaign. National Week of Action for Missing and Murdered
Indigenous Women (MMIW), and use these posts as
These online efforts, which included a National Day inspiration!
of Action webinar, media outreach, and social media

HASHTAGS TO USE DURING THE


2022 NATIONAL WEEK OF ACTION
#MMIWActionNow
#NoMoreStolenSisters
#MMIW

72 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 73
73
art for justice
Joanne Shenandoah, Oneida,
Composer of “Missing You”
(1958-2021)
Shifting the Cultural Balance to Respect and The late and beloved Joanne Shenandoah
Awareness released her video and song “Missing You,”
on May 5, 2019 as part of the international
movement to draw attention to the thousands
of missing and murdered Native women in
the United States and Canada.
Amber Webb, Yup’ik, Creator of the
The song was dedicated to Leah Shenandoah,
Memorial Qaspeq Joanne’s daughter, who was also a victim
of violence. Joanne Shenandoah is one of
The main inspiration for the qaspeq was the
Native America’s most celebrated musicians
disappearance of Val Sifsof in July of 2012 from
and was a peace advocate. Shenandoah is
Granite Creek campground. She was a family friend.
the former Co-Chair of the National Task
It was also the awareness of the pattern of deaths and
Force on American Indian and Alaskan
disappearances that I didn’t hear people talking about
Native Children Exposed to Violence which
but that I’d been aware of since I was about 8 years
held hearings in 2014 across the country in
old. They are all our relatives.
response to an urgent need to address this
crisis.
The goal of the project is to humanize the issue and
find a way to make people feel it. I wanted to make
The hearings revealed the extent to which
the qaspeq large to represent the space that the grief
Native women are subjected to physical
occupies within Native communities. It was done to
assaults including murder.
honor the memory of our relatives and remind the
world that it shouldn’t be up to Native women to
Shenandoah walked on November 22, 2021.
prove their innocence before crimes against them are
She was 64 years old.
investigated.
Restoration Cover June 2019. Photo by
It was also about healing myself and sparking
Jane Feldman.
healing for all Native women. I carry these stories,
but they are not mine. The project has its own energy
and my job is just to facilitate its movement. I can’t
undo these crimes, but if we can open conversations
about the root causes of violence that are honest and
do not minimize the effects of violence, then the
project is worth doing.
Shenandoah’s
I’m hoping that my efforts will honor the advocacy song “Missing You”
work happening all over North America. This work
has been driven by the efforts of Native women and is available on
it’s important to acknowledge that. Visibility is a step YouTube:
n8ve.net/KBJ3E
toward changing social attitudes. It has been featured
on Alaska channels 2 and 11, the Juneau Empire, First
Alaskans magazine, First Americans magazine, and
was present during testimony in Juneau for HR 10 in Amber Webb stands with her 12-foot Memorial Qaspeq during the 2019
Alaska Federation of Natives convention at the Carlson Center in Fairbanks.
support of Savanna’s Act and continued funding for The giant white Memorial Qaspeq carries the portraits of over 200 murdered
VAWA. The resolution passed unanimously. Indigenous women and girls. In 2018, she received an Individual Artist
Award from Rasmuson Foundation to create the Memorial Qaspeq.
74 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center
An Indigenous production, Somebody’s Daughter his roles in Into The West, Blackstone, Hell on Wheels

films for justice


was executively produced by the Coushatta Tribe of and Showtime’s Penny Dreadful.
Louisiana and supported by the Blackfeet Nation and
Confederated Salish and Kootenai Tribes in association “Must our sisters have to step out into a world
with the Global Indigenous Council. Somebody’s filled with monsters ready to use them for their
Building Awareness to Create Change Daughter is presented by Alter-Native Media and own convenience and comfort, as our sisters hunt
directed by Rain, the team that created Not In Our Name, for supplies for their own survival? What kind of
a short film that featured House Natural Resources world have we created for our children?” Wes Studi
Committee Chairman, Congressman Raúl Grijalva, and asked after watching the documentary. “There is
became the most-watched film on Sierra Club’s social no comfort in watching Somebody’s Daughter,” he
media platforms. Somebody’s Daughter is narrated by cautioned, as the documentary provides a heart-
Indigenous actor Julian Black Antelope, best- known for wrenching insight into the tragedy.

More films to
raise awareness
Somebody’s Daughter
Indian Tribes have continuously raised concerns makes this connection and advances partnerships with
and made specific recommendations to address the Congressional champions who are working on changes
MMIWG crisis from the early years of the Violence to address MMIWG.
Against Women Act. Through the Violence Against
Women Act, advances have occurred, but clearly, we Somebody’s Daughter focuses on some of the higher-
are only at the beginning of the necessary process of profile MMIWG cases, most of which were raised during
legal, political, and social change. Single reforms the Senate Committee on Indian Affairs hearing in
have helped, but Congressional action to create larger December 2018. With historical points of reference, the
foundational changes are essential. In the past, votes victims’ and their families’ stories are told through the
for or against Tribal amendments was a statement of lens of the legal jurisdictional maze and socio-economic
support or opposition to safety and sovereignty. It was bondage that constricts Indian Country. For the first time
also a very large statement of the nation’s knowledge on film, prominent tribal leaders reveal the devastating
and understanding of Indian Tribes as sovereigns, and roles of drug cartels and gangs in the MMIWG crisis. Dawnland (2018) by Adam The Lakota Daughters (2020) Sisters Rising (2020) by
responsibilities of the U.S. to Indian Tribes. Mezo and Ben Pender-Cudlip by Victoria Kupchinetsky Willow O’Feral and Brad Heck
“After watching Somebody’s Daughter many thoughts Dawnland addresses the untold The Lakota Daughters is a Sisters Rising follows six Native
Efforts to inform lawmakers and the general public of fevered my brain for hours,” commented Wes Studi, the story of the removal of Native documentary about women and women reclaiming personal and
the connection to the MMIWG crisis to federal legal only Native American actor ever to receive an Oscar. children from their homes through girls of the Lakota tribe living on Tribal sovereignty: a Tribal cop
the child welfare system. It follows Pine Ridge Reservation, South in the midst of the North Dakota
barriers to protect Native women have made a difference “The search for a solution begins with first knowing a
the US’s first-ever government- Dakota. The film shows traditional oil boom, an attorney fighting for
and are important to winning reforms. The release of crisis exists.”The purpose of Somebody’s Daughter is
endorsed truth and reconciliation and modern life of the Lakota tribe, Tribal sovereignty, a self-defense
Somebody’s Daughter in January 2020 is one example exactly that – to alert lawmakers and the public alike commission, which investigated and the tribe’s efforts to empower instructor, grassroots advocates,
of the public education needed in the MMIWG crisis. that the Murdered and Missing Indigenous Women and the impact of Maine’s child welfare the next generation of girls and and the author of the 1st anti-sex
The film released by the Global Indigenous Council Girls crisis exists and demands urgent action. practices on the Wabanaki people. women. trafficking code introduced in Tribal
76 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center court.
Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 77
The war cry podcast
As my daughters grew, we taught them dances that This historical trauma has contributed to a pattern of fear
connect to our culture. We dance at powwows, in our for our people to report, especially since historically the
Toppenish Creek Longhouse, and around the house. I state and federal governments have instead responded
The Crisis of MMIWP Demands We Come Together - explained to my daughters why there might be a variation
in the way I was taught our songs. because there are 14
to protect those committing violence against Indigenous
women. This is painful to examine and write about.
Four Yakama Perspectives different Tribes and bands. They were excited to dance Yet, without acknowledging this intimidation, we will
with other Yakama girls. fail to change it. War Cry is a balance of strength and
vulnerability to bring history and justice forward for
In our Longhouse, with its dirt floor and tall ceilings, Native women and girls.
Yakama women and elders sing while girls move their
feet to the drum’s beat and bring their arms up and To give a sense of Yakama Culture, we look to our
down like swans. This group started with practices at relationships and our language. Our Yakama language
the Longhouse and includes singing and teaching by has kinship terms that are interchangeable between
Yakama sisters, mothers, aunts, and grandmothers. grandparents and grandchildren. Imagine the person
They are called the Iksiks Washanahl’a or Little Swan sitting at the head of the table that shares the same title
Dancers. Each time they gather, the girls are happy to as a youth. As a parent, I reflect on the teachings our
Left to Right: Robyn
Pebeahsy, Lucy see members of the Little Swans and exchange words of children and elders bring us. This includes how they
Smartlowit, Patricia encouragement. speak up.
Whitefoot, and
Emily Washines at
Collaboration Coffee These girls and elders carry the message of our missing One day, my kids were outside playing when they saw
in Yakima, WA. / loved ones. We wear red and bring awareness all across someone walking away with their bike. They screamed,
Photo courtesy of the Northwest. ‘That’s my bike!’ The person kept going until all the
Maddie Hicks.
neighbors came out of their houses to assist. The person
While we do not know the total number, we know of at dropped the bike and ran. The girls used their voices
EMILY least 39 Yakama women who are missing or murdered and got others to help them stop a crime. Think of the
By Emily Washines, Scholar and
Our Yakama people went to war in the 1800s to protect both on and off the reservation. Since the 1980s, the bravery of a child/youth asking for help.
MMIW Advocate, Yakama Nation; Lucy
our women. To this day, some may not understand and Yakima Herald-Republic has published a map and
Smartlowit, Co-Host, Community Outreach, label our warriors hostile for defending our families. interviews from families in the northwest.3 They While the passing of federal and state laws are
Confederated Tribes & Bands of the Yakama When I think of what my relatives went through, I think tracked 13 women who died violently on the Yakama bringing change, we need parallel action and voices in
Nation/Mexican; Robyn Pebeahsy, War about what they prayed for—the day when we would be reservation, most of whom were Native. All of the cases our Tribes. It is unfair that our Native youth grow to
Cry Podcast Co-Host, Producer, Editor, strong enough to revisit this history together. were unsolved. learn they face higher rates of violence. While we must
Yakama Nation and Comanche; and Patricia continue to advocate for them, we have to also teach
Whitefoot, Co-Host, MMIW Family Member, The Confederated Tribes and Bands of the Yakama Nation A gathering of Yakamas and community members them to advocate for themselves and others.
Yakama Nation/Diné Reservation is in Washington with over 10,000 citizens and focused on MMIWP took place 28 years ago in White
land spanning multiple states. In 1855, the Nation signed Swan. Daisy Mae Heath has been missing since 1987. During a 2016 meeting of the National Congress of
The War Cry Podcast shares the truths about Missing and a treaty with the United States (12 Stat., 951).1 This is the “There is not a day that goes by that I do not think of American Indians, the Little Swan Dancers danced
Murdered Indigenous Women and People (MMIWP), history we hear growing up about the land, resources, my sister. Our crisis demands we come together with a
including LGBTQ2S. We focus on the Northwest, but and agreements. Yakama teachings are passed down in passion for our people,” said Patricia Whitefoot.4 This
also include our relatives in Canada and Mexico. During ceremonies and social gatherings. has been an ongoing crisis. Multi-jurisdictional issues
the height of the COVID-19 pandemic, we created the seriously impact our ability to address violence on
Podcast to provide insight and interview families to share “The land holds a very special and sacred place to reservations.
their experiences or memories of their loved MMIWP, me where I was raised as a young child and continues
as well as professionals. The Podcast premiered on June to hold a very special place to me as a grandmother The Yakama Tribe’s first reported case of MMIWG was
9, 2020, in honor of when the Yakama Nation Treaty of and a great-grandmother today because it’s that from 1855, which resulted in a war by the Washington
1855 was signed. As Indigenous women we recognized particular knowledge and understanding that I Territorial Governor and the United States. The response
the need to break through oppressive systems by telling continue to share with my grandchildren today about to the Tribe reporting violence against our women and
our stories with our voices. Please join us for Season 3 who they are, where they come from and how they girls has yet to be addressed by any government. I wrote
beginning in June 2022. Seasons 1 and 2 can be found relate to the wider world.”—Patricia Whitefoot2 about the crisis of MMIW in War Cry.5
on Spotify, YouTube, and Apple Podcasts.
1 Yakama Nation Treaty of 1855: https://www.yakama.com/about/treaty/ 3  The Vanished https://www.thevanished.org/.
2 Patricia Whitefoot’s Confluence Interview: https://www.confluen- 4  Tuttle, G. Yakima Herald-Republic. March 7, 1993 Culture in Crisis Article, March 1993. / Photo courtesy of War Cry Podcast.
ceproject.org/?s=patricia+whitefoot 5 War Cry Case Study, by Emily Washines: https://n8ve.net/IfOAe
78 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 79
ROBYN
My name is Robyn Pebeahsy, my Yakama name is
Kiyaytani, which was also my great grandmother’s
name. I am the Producer, Editor and a Co-Host of the
Visit War Cry War Cry Podcast.
Podcast online:
linktr.ee/ I interviewed Emily for another podcast I was associated
warcrypodcast with, the Decolonized Buffalo, about the root issues of
MMIW. Emily had been involved with other magazines
and podcasts. While the episode was very informative
and filled with great resources and questions, we talked
about how the one episode wasn’t enough. We realized
the unfortunate truth that MMIWP was a subject that
could fill a whole podcast in itself, as we’ve done with
the past two seasons.
one evening for attendees from hundreds of Tribes. LUCY
Before they performed, Patricia Whitefoot told the As an Indigenous womxn, I don’t believe we ever Patricia Whitefoot talks to Yakama girls, Alice and Zora in the Toppenish
Additionally, Lucy and I had worked closely on data Longhouse. / Photo courtesy of Emily Washines.
girls they have a purpose to bring awareness of MMIW. stopped fighting the war since 1492. Our people have
and community participatory research and have had
Our prayers, songs, and dances filled the space with endured and resisted for 500 years and will continue to
long discussions about MMIWP. We also realized that Please hear our war cries, listen, witness and speak out.
happiness that was reflected in the audience’s smiles as do so for the next 500 years. Our podcast is an example
on our reservation, missing men are more prevalent than Help us find them and support their families. Educate
they shared hope for the younger generation.. of the resilience and resistance that has often been yourself, feel good about yourself. Not just because it’s
other groups, but are not as talked about.
overlooked and downplayed throughout our history. a good way to be, but it is a proven protective factor for
We are teaching them how to have a voice, even when Coming together as a grassroots effort, we created a
I was in a great position to identify and connect Emily our people.
ours is threatened. Many of us see how this crisis has platform where we could provide support to effect social
and Lucy, both eloquent, articulate, and passionate ladies.
largely been silent. Families have felt alone. Our youth change while breaking through oppressive systems. We
We agreed that we needed Patricia “Patsy” Whitefoot PATSY
need to hear that violence against Natives is wrong. We recognize that we cannot compartmentalize MMIWP
as a respected elder and Daisy Mae’s sister. We all had Shix patchway, inmima tiinma. Inknash wanikshash
need to give examples of how we can organize to ensure without having dialogue about other issues that impact
worked with Patsy in some capacity, and in my case, Twapat, kuu pashtinwitkiy Patricia Whitefoot. (Good
we receive the justice we deserve. What my daughters us; such as cultural/data genocide, forced assimilation,
since I was a young lady. We are eternally grateful for day, my friends and relatives across Indian Country.
showed me is they will use their voice as they’ve been stolen land, appropriation, micro-aggressions,
Patsy’s guidance, advice and strong voice. Her example My Indian name is Twapat, (name of my great-
taught by their parents and community. jurisdiction issues, sovereignty, self-identity and the list
has led all of us to continue to speak out and explore this great grandmother) and my English name is Patricia
goes on. Whitefoot.
subject and other historical connections.
Growing up, I heard whispers about missing and
murdered women. Earlier this week, I was shocked Being a Co-Host and responsible for community As a citizen and life-long resident of the Yakama
What I hope to see come out of the War Cry Podcast is a
when my daughter sat at my laptop and said to a blank outreach, I am constantly asking myself questions from Nation, our family has lived and continues our way of
safer community, not just for women, but our men, young
screen, “Today, we will talk about MMIW.” This is a ‘How are we MMIWP advocates?’ to ‘How can we life in the vast Columbia River basin of the Northwest.
people and the LGBTQ and 2-Spirit community as well.
topic adults still whisper about. uplift and support other MMIWP advocates and efforts?’ In following the traditional ways of our ancestors, we
As we’ve explored on the show, we see the historical
Throughout the past two seasons, we have emotionally sustain our livelihood, where family roots are deeply
connections of MMIWP and the violence against our
Earlier, when the girls took action to stop the bike from and mentally grown as a team. We have many ideas embedded.
people since contact. We see how this violence has led
being stolen, this connects to messages of their value and hopes to be an educational resource; identify local
to wars, treaty signing and how Indigenous grassroots
and voice. During the pandemic, we took social distance best practices for families and professionals; outreach On October 29, 1987, our youngest sister, Daisy Mae
organizing actions and advocacy can change and
measures to continue these relationships within our and provide space to our Two-Spirit and LGBTQ+ Heath, age 29, (Yakama Nation/Warm Springs Tribe)
strengthen laws, policies and practices.
community. Our youth need these messages. Having community and to ultimately play a part in the grassroots was reported missing. She has been missing for over 34
these values instilled at a young age helps them ask movement to restore safety of Indigenous womxn/ years now. I organize with Emily, Lucy, and Robyn to
Through War Cry, I hope we can evoke the true
for things that align with how they are viewed in the nations/communities while promoting self-care as an Co-Host the War Cry Podcast because I know that by
meaning of our title War Cry as we go off to and come
community. If something happens to our people, we act of resistance and resilience. sharing our stories we honor our missing and murdered
back from battle, and as we mourn or are victorious. We
need to have action and support from law enforcement, beloved familyand help to create healing spaces for our
are all those cries simultaneously. Furthermore, it is the
the community, elected officials, and advocates. Native As podcasters we are social change advocates. As families who have lost their loved ones. It is a powerful
cries of those who have been taken from our families
people need to see our MMIW stories told in the media matriarchs, we are catalysts to our people’s healing way to hold our governments, systems and societies
and communities too soon. Some we are still looking for
One way we share our voices is through the War Cry journey. As an individual, I am holding space for the accountable for preventing women from going missing
and finding.
Podcast. war cries that are yet to be heard. and being murdered.

80 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 81
On December 12, 2018, the SCIA held its last

Calling for change Congressional oversight hearing of the year to hear


testimony from multiple federal agencies on handling
of cases of missing and murdered individuals. The
Senate Committee on Indian Affairs Oversight Hearings non-federal witnesses who provided testimony during
the hearing included Kimberly Loring Heavy Runner,
the sister of Ashley Loring Heavy Runner; Patricia
Alexander of the Co-Chair of the Violence Against
The family members and Tribal Nations, advocates, Women Task Force of the Central Council of Tlingit
and national movement, have organized to create the and Haida Indian Tribes of Alaska; and Navajo Nation
necessary changes to federal law to address the crisis Council Delegate Amber Kanazbah Crotty.
of MMIWG. They have worked with Congressional
champions and testified before the Senate Committee “Tlingit and Haida is all too familiar with the corrosive
in Indian Affairs (SCIA) on the need for reforms to effect that this violence against our women and children
remove the systemic legal barriers to restore safety and has had on our communities. It has been more than
create justice for MMIWG. These organizing efforts a year since the unsolved death of 19-year-old Jade
have focused the SCIA on addressing this national crisis Williams of Kake and nearly a year since the unsolved
facing Indian Nations and Indigenous women. death of 37-year-old Francile Turpin of Klawock. The
alleged murder of Judylee Guthrie, 28 of Klawock,
On October 25, 2017, Carmen O’Leary, who is Alaska, has yet to be prosecuted nearly two and a half
Cheyenne River Sioux and the Executive Director of the years later. Earlier this year, Tlingit and Haida held a
Native Women’s Society of the Great Plains, provided memorial in solidarity with our northern relatives after
testimony addressing the urgent need to pass three bills 10-year-old Ashley Johnson Barr of Kotzebue was
intended to assist Indian Tribes in responding to these found dead, sexually assaulted, and strangled, after
injustices: the SURVIVE Act (S. 1870), the Savanna’s being missing for days. Fortunately, the perpetrator is
Act (S. 1942), and the Reauthorization of the Tribal Law being held accountable for this heinous crime.
and Order Act of 2010 (S. 1953).
“Because we believe the future of Indian Country rests
“Each of these bills are of extreme importance to the in the secure status of women living in environments that
everyday safety of Native women and the ability of Indian are free of violence, Tlingit and Haida has committed
Tribes to protect women. These Senate bills remove its resources and staff to working towards bringing
certain barriers and increase the ability of Indian Tribes an end to these threats to our women and children. At
to respond to these crimes and provide new options our 2018 annual Tribal Assembly, Tlingit and Haida
for Federal law enforcement agencies to respond to passed resolution TA18-27 calling for the increased
violence against Native women. The Native Women’s investigation of Missing and Murdered Indigenous
Society of the Great Plains has worked for the last Women and asking the Department of Justice to report
five years to increase awareness of this issue. We have on their steps to reduce the disproportionate numbers
supported community justice walks, have a Facebook of victims who are Native women.”
(Top) Carmen O’Leary with then Senator Heidi Heitkamp.
page dedicated to missing and murdered Native women, (Bottom) Quilt of Native Women’s Society of the Great Plains. / —Patricia Alexander, Co-Chair of the Violence
and honor Native women who have been murdered by Photos courtesy of Carmen O’Leary Against Women Task Force of the Central Council
creation of miniature traditional dresses. There are of Tlingit and Haida Indian Tribes of Alaska, SCIA
so many women who have gone missing or have been counseling and medical services due to the multiple Hearing, December 12, 2018
murdered it is truly a crisis facing Indian Tribes. victimizations committed against them by a single
or multiple abusers. And sadly, for those families
“With the high rates of violence against Native women, traumatized by having a missing or murdered relative
Indian Tribes and Tribal programs need the necessary they often need assistance with transporting their loved
resources to provide basic services such as safe shelter, one home and with burial.”
rape crisis services, and advocacy for Native women —Carmen O’Leary, Executive Director of the Native
(Top) Patricia Alexander speaking at a Senate Committee on Indian
who on many Tribal reservations have no services. In Women’s Society of the Great Plains, SCIA Hearing, Affairs Hearing on December 12, 2018, Washington, D.C.
addition, Native women need immediate and long-term October 25, 2017 (Bottom) Senator Murkowski and Patricia Alexander discuss concerns
regarding the crisis of MMIW in Alaska. December 12, 2018.
82 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 83
Resources for the
2022 National Week
of Action for MMIW
ORGANIZE now to honor and call for justice for missing and murdered Indigenous women. From
April 29 through May 5, 2022, social justice actions will occur across the United States and we UNITY IN
ACTION:
encourage everyone to take action. Organize and post your actions on your social media and share
on NIWRC’s social media. Connect online to any of the following resources we offer to assist you
in understanding and responding to the crisis of MMIW.

STAY UPDATED on legislation affecting MMIW. Sign up for NIWRC’s newsletter to receive monthly

NATIONAL
legislative updates at niwrc.org/newsletter and view NIWRC’s MMIW State Legislative Tracker at
niwrc.org/mmiw-state-tracker.

WATCH NIWRC’s recorded webinar from April 29, 2021, “A National Briefing on the Crisis of MMIWG.”

PARTNER
Available in NIWRC’s Resource Library at niwrc.org/resources.

LISTEN to Episode 7 of NIWRC’s Speaking Our Truth, Podcast for Change, “Issues of Violence
Against Native Women with Jordan Marie Daniel,” available at niwrc.org/podcast.

STATEMENTS
EXPLORE NIWRC’s MMIW Toolkit for Families and Communities available at niwrc.org/mmiwtoolkit.

READ GAO Report - Missing or Murdered Indigenous Women: New Efforts Are Underway but
Opportunities Exist to Improve the Federal Response from the US Government Accountability
Office, October 2021. Available at n8ve.net/Vygom.

FOLLOW NIWRC on social media for updates.


Facebook: facebook.com/niwrc, Instagram: niwrc, Twitter: @niwrc

POST on social media from April 29 through May 5, 2022 to call for action for MMIW using hashtags:
#MMIWActionNow, #NoMoreStolenSisters, and #MMIW.

SHARE the StrongHearts Native Helpline (1-844-7NATIVE, or 762-8483). StrongHearts is a safe,


confidential, and free helpline for American Indians and Alaska Natives impacted by domestic
violence and dating violence. Trained Native advocates offer emotional support, crisis
intervention, assistance with safety planning, and a connection to local Native resources. Visit
strongheartshelpline.org.

84 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center
Fixing a Broken
System
NCAI Resolution on Missing
and Murdered Native Women
and Girls

Adapted from Restoration 14.2, July 2017


In response to the tragic disappearances and murders The NCAI resolution highlights immediate steps the
of Native women, the National Congress of American federal government can take to increase the response
Indians (NCAI) passed a resolution in 2017. The and also help grieving families and tribal communities.
resolution recognizes the crisis in the destruction of The resolution reads:
human lives, the toll on tribal families and communities, The NCAI does hereby resolve to advocate for changes
and the danger it poses to the future of Indian nations. to increase safety for Native women to address the crisis
of missing and murdered Native women and girls by
“This crisis is not a new one. Native women became the federal government, with agencies including but
vulnerable to violence over hundreds of years due to the not limited to the Departments of Justice, Interior, and
attacks on tribal governments and their ability to protect Health and Human Services, including actions such as:
women,” said Cherrah Giles, Board Chair, NIWRC. • To review, revise, and create law enforcement and
“Clearly, we have a long road to restore the safety of justice protocols appropriate to the disappearance
Native women, but with the passage of VAWA over 20 of Native women and girls, including inter-
Juana Majel-Dixon speaking at a news conference after the House years ago tribes received the first resources to respond to jurisdictional issues; and
voted to reauthorize the Violence Against Women Act on April 4, 2019. violence against women. VAWA has also strengthened • To provide increased victim services to the families
Washington, D.C. / Photo courtesy of NCAI.
tribal authority to respond to the violence.” and community members of the disappeared or
murdered Native woman such as counseling for the
“The epidemic of missing and murdered Indigenous children of the disappeared, burial assistance, and
women and girls must stop, we as Native women, community walks and healing ceremonies; and
NATIONAL CONGRESS OF advocates, leaders, legislators, and allies must take
action to guarantee that no other woman is taken from
• Coordination of efforts across federal departments
to increase the response to the disappearance or

AMERICAN INDIANS this world before the Creator is ready to greet her.” ––Juana
Majel Dixon, Pauma-Yuima Band of Luiseño Indians, Co-
Chair NCAI Task Force on Violence Against Women.
murderof Native women and girls; and
• Coordinate efforts in consultation with Indian
tribes’ efforts to increase the response of state
“The epidemic of missing and murdered Indigenous The disappearances and murders are the end result
governments, where appropriate, to cases of
disappearance or murder of Native women or girls.
women and girls must stop, we as Native women, of a broken system that has failed Native women. The
federal and state criminal systems do not, and cannot, The resolution provides an overview for basic reforms
advocates, leaders, legislators, and allies must take provide the level of local response that is needed to at the federal level. These are basic steps that begin to
action to guarantee that no other woman is taken from protect Native women. Many times, the federal and state
focus is on individual staff, the need for training, and
address this crisis and cause everyone to question why
they do not exist. Why for example do Indian tribes
this world before the Creator is ready to greet her.” increased personnel. While these issues are important, not have a dedicated funding stream under the Victims
the reality is that the 229 Alaska Native villages and 345 of Crime Act? Why, when the murder rate for Native
––Juana Majel Dixon, Pauma-Yuima Band of Luiseño Indians, Co-Chair American Indian tribes need a local immediate tribal women is 10 times the rate of other populations, does
NCAI Task Force on Violence Against Women response. As one grieving mother stated, “We cannot no protocol exist for law enforcement? Why are no
wait for the system to be fixed. We need help now. I have response or efforts being coordinated across criminal
five grandchildren to take care of, to raise.” justice agencies and departments?
86 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 87
When a Loved One
Is Taken Too Soon
Looking to Alaska Native
Culture and Healing
Practices to Strengthen our
Communities
By Tiana Teter, Koyukon Athabascan,
Program Specialist, AKNWRC

Elizabeth Jerue (left) and son Weston Jerue (right). /


Photo courtesy of Tami Truett Jerue, AKNWRC.

Each time someone dies unexpectedly or goes missing, advocates, and create awareness around the issues of
our communities are shattered emotionally. Sadly, domestic violence and sexual assault.
statistics show that for Indigenous women and girls ages
12-30, murder is the third leading cause of death.1 Each This is one reason why we are focusing on “Culture
loss of a missing or murdered Indigenous women or girl is is Our Best Protective Factor and Healing Practice” in
felt immensely, and healing is hard to achieve. However, AKNWRC’s curriculum material. It follows the same
healing can come from the community coming together, belief that Tribal communities should be in charge of

ALASKA NATIVE WOMEN’S acknowledging the loss, and providing strength to one
another through songs, dance, and cultural practices that
are meant to comfort and bring support for the loss of a
their own healing, as they can do it more efficiently than
an outside service provider who is not as familiar with
their culture.
RESOURCE CENTER relative or tribal member.
“Culture is Our Best Protective Factor and Healing

“Looking back to 1979 when we first founded


The Alaska Native Women’s Resource Center Practice” is a belief system that addresses regionalized
(AKNWRC) is a firm believer in Tribal communities forms of communication that can become a barrier to
our shelter in Emmonak, I have learned we being the most knowledgeable resource when creating
local victim services. Tribes/communities know what
accessing services, while also discussing culture as a
whole as being a protective factor that assists in healing
cannot be silenced. We must use our voices for is best and needed more than anyone from the outside. from trauma. Many areas of Alaska are fortunate to have

those who live in fear.”


The AKNWRC provides services to rural communities their Native language as their first language. This gives
by supporting them in using their voices, languages, and them insight into culture that a non-Native-language
—Nugange (Lenora Hootch), Yu’pik, Founding Board Member teachings to develop local victim services, train tribal speaker lacks. Our languages and cultures are complex
and have protected us for centuries. When we begin to
of the Alaska Native Women’s Resource Center look at culture in this light, we can reaffirm and begin
1 https://wisqars.cdc.gov/fatal-leading
88 Restoration •• Volume
Restoration Volume 18,
18, Issue
Issue 44 •• Special
Special Edition
Edition on
on MMIW
MMIW •• National
National Indigenous
Indigenous Women’s
Women’s Resource
Resource Center
Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 89
Wales (POW) island to attend an MMIW march in Craig, MMIW, the impacts of abuse and barriers to accessing
Alaska. This march was the second officially organized services in rural communities, we have also found new
march held to honor the women in their community who ways to reach out and support our Alaska communities.
were missing or murdered, and to spread awareness on AKNWRC’s goal is to help equip Tribes/communities
the issues of domestic violence and MMIW. with the knowledge and skills to respond in a trauma
informed way. Unfortunately, these trainings and gatherings,
On the night of the march, people filled the streets normally presented in person, have gone mostly virtual
wearing traditional clothing, as well as red T-shirts, red for the AKNWRC. Just as COVID-19 has changed our
sweaters, and masks with a red handprint. The symbol is training, it has also changed the dynamics of gender-based
frequently used to represent solidarity for MMIW. The violence3—support is needed now more than ever.
march was led with drumming and traditional singing,
and by two young men carrying a large banner that read, The AKNWRC is committed to Tribal voices,
“Prince of Wales Violence Against Women Awareness languages, and teachings as the best tool that Tribes and
March, honor our women.” Many people carried their ourcommunities have in prevention and intervention of
own signs, some saying, “The cycle of violence ends domestic and sexual violence. Embracing and utilizing
here,” and “No more stolen sisters.” our ancestral and cultural knowledge as a belief system is
a pathway forward for healing from trauma and changing
One matriarch, the mother of a young woman whose the crisis of MMIW. We believe our communities and
unexpected death shattered the entire community on Tribes have the answers and need the support to identify
POW, carried a red dress symbol high in the air. Halfway their indigenous—natural and organic—resources to
through the march, her family and community embraced supplement those that are provided from the outside.
her with love and sang in their traditional language as
she mourned her daughter. Being in the crowd of people, Ana-masee’, Ana-basee’, Dogindihn’, Gunalchéesh,
you could feel the healing taking place. Háw’aa, Quyana, Tsenaa-’ii, Masi-cho, DOIKshin.

This march was one of the most evident experiences of 3 https://www.ajemjournal.com/article/S0735-6757(20)30307-7/fulltext


the power and healing by a community that I have ever
seen. We honored those who were taken too soon and
provided education about ways to prevent gender-based
violence and how to recognize signs of danger. The night
ended with one fact that the community wanted to share LEARN MORE ABOUT AKNWRC
to educate: If someone you know is strangled by their
partner, the likelihood of them being murdered by their
Photo courtesy of Michelle Demmert.
partner is 10 times higher. Information is powerful and Watch AKNWRC’s virtual
to use it as a healing practice in responding to domestic I embrace this approach in working with our Alaska if more people knew the lethality risks of strangulation presentation from Women Are
and sexual violence with the resilience our ancestors Native communities. and risks to look for, we could save more lives. Sacred 2021, “Culture is Our Best
instilled in us. When we are seen as “real human Protective Factor and Healing
beings,” our humanity is recognized and our identity as Now, more than ever with the realities of COVID-19, This inspiring event on POW was one of many Practice” available at:
an Alaska Native or Indigenous person is one of strength victims of domestic violence in rural Alaska are at an experienced by the Alaska Native Women’s Resource
and resiliency. increased risk for experiencing controlling behaviors Center this past year. At the Women Are Sacred Virtual
n8ve.net/CT7En
from their partner, are less likely to be in contact with Conference 2021 and as part of our virtual presentation
As a Koyukon Athabascan woman, I am very familiar friends and family or are rarely seen in person, and series, our staff presented on what “Culture is our Best For more information on
with the power our traditional songs hold. I was born are having more difficulties in getting away from their Protective Factor and Healing Practice” means, and AKNWRC, visit aknwrc.org and
and raised in the interior of Alaska, and I was raised on abusive partners. how looking within our communities is one of the most sign up for their newsletter.
the cultural value of learning and teaching traditional powerful mechanisms to strengthen our communities.2
songs, so they can be passed down again. Songs that Sometimes this violence becomes an overwhelming
are frequently taught by elders and sung during funeral tragedy hitting a community so hard that public awareness While COVID-19 has changed the way the AKNWRC
Follow AKNWRC on social media:
potlatches, memorial potlatches, marches such as the one activities and a call to action are needed. A recent trip to provides prevention information and educates Tribal • Facebook: fb.com/aknwrc
described below, and during times of happy celebration. Prince of Wales Island in Southeast Alaska demonstrates communities on domestic violence, sexual assault, • Instagram: aknwrc
There is so much power that comes from singing in loud our approach and support for the community. In the • Twitter: @aknwrc
unison in your ancestral language with your community. Spring of 2021, the AKNWRC traveled to Prince of 2 https://youtu.be/9cRL3rkZRGA
90 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 91
Missing and Not Invisible Act Consultation,
Murdered Indigenous September 10, 2021
Women: An Action Statement of Catherine Edwards,
Central Council Tlingit and Haida
Plan for Alaska Indian Tribes of Alaska

Native Communities
By Michelle Jaghaal.aat Demmert, Ch’áak Catherine Edwards, Central Council Tlingit and Haida Indian
Tribes of Alaska. / Photo courtesy of NIWRC.
from the Kaax’oos.hittan (Man’s Foot)
I am Catherine Edwards, the first Vice-President of I am also the co-chair of the Tlingit and Haida Violence
Clan of the Eagle Moiety and Central
the Central Council Tlingit and Haida Indian Tribes of Against Women Task Force that was established in 2017.
Council Tlingit and Haida Indian Tribes of Alaska. We represent 22 villages in Southeast Alaska and The Task Force is a community-driven response to end
Alaska, Law & Policy Director, AKNWRC 3 urban populations in Anchorage, Alaska, California, domestic violence and to address cases of missing Alaska
and Washington, with more than 32,000 citizens. Native women. It is charged with studying, analyzing,
Thank you for the opportunity to provide comments on reporting, and providing recommendations on how to:
the Not Invisible Act––Gunalcheesh! I would like to • Improve criminal justice system to better serve and
say that I am honored to be here and honored to be a protect Alaska Native women;
When a woman goes missing in our community, or dies family facing crisis and ways to respond in an organized representative of my people. Though after many years of • Increase criminal justice protective and investigative
unexpectedly and often from suspicious circumstances, way when one of our mothers, aunties, sisters or children being involved with this work and testifying in various resources for reporting and identifying murdered
our communities go through a series of emotions from have gone missing or is found murdered. This Toolkit is federal consultations each year, I continue to hope that and missing Alaska Native women;
grief to anger. We are sad for the loss of our loved ones meant to be a document that is continually being edited, someday we could stop repeating the same messages • Identify rates of violence against women and reduce
and often have so many questions and concerns with added to, updated and will evolve as new resources are and requests. incidences through continuing efforts to connect
no place to turn for answers. We are concerned about found and strategies are developed. state, tribal and federal resources;
where she might be and who can help us with answers? I will respond to your questions, but before I do, I want • Address issues relating to public safety and law
After days, weeks, months, or even years go by without The Alaska Native Women’s Resource Center to make a strong case to have significant representation enforcement that create barriers for responding
adequate answers, we are angered about why we are not (AKNWRC) hosts monthly calls on MMIW for the purpose from Alaska stakeholders. Far too often our situation is timely to violent crimes against Indigenous women
getting the necessary help. of informing and discussing current developments and overlooked and misunderstood given the challenges that in rural Alaska communities;
issues around MMIW, to educate and review legislative our communities face with the lack of law enforcement • Identify effective tribal justice methods used to
The issue of missing and murdered Indigenous efforts and policy issues and to hold dialogue with in many of our communities, the remote locations, reduce violence against Alaska Native women; and
women (MMIW) is gaining national recognition due to Alaska communities on healing, prevention and action in extreme weather exacerbated by global warming and the • Create partnerships with local, state, and national
grassroots efforts to draw attention to this crisis. Federal response to the crisis of our missing and murdered women extractive industries effects on our communities. organizations for resource development (such as the
and state governments are now looking at this issue and and children. If you would like to be added to the email Alaska Native Women's Resource Center, National
trying to develop a plan to address collecting the data for list to receive more information on these monthly calls, Our communities, both rural and urban, continue to lack Indigenous Women's Resource Center and NCAI’s
crimes that for far too long have been overlooked and please email info@aknwrc.org. basic services that would help to increase the safety for VAW Task Force.
underreported. our women, children, and families. My goal in testifying
again and again to federal agencies is to give voice to the Why do we need such a group? Because the Federal
The Missing and Murdered Indigenous Women: An voiceless and remind you that violence against women government has and continues to fail the trust
in our communities is in crisis. Each and every day, as responsibility to our Tribal communities, especially
Action Plan for Alaska Native Communities ia a Toolkit
intended to be a starting point for each Alaskan community Access AKNWRC’s these meetings are taking place, violence is happening in providing necessary resources to decrease violence
to develop a plan of action before a tragic event occurs. Toolkit on MMIW: to our families and our communities are suffering. It is
my hope that you will listen, not just to our stories, but
and increase safety from domestic violence and sexual
assault.
It can also be used as a guide after a relative is feared
missing or harmed to help organize the community. It is n8ve.net/8Lqoh also think about what resources should be provided to us
a collection of ideas, tasks and recommendations of what and then visit us, listen to us. We know what to do. We In the 1960’s my Grandmother’s sister, Auntie Butch
can be done within a community aimed at supporting a simply need help with resources and partnerships. was beaten, raped and, left in a ditch where my Uncle,
15 at the time, had to claim the body, and the local police
92 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 93
in a small number of our 22 communities. Due to the • Support efforts of the Government Accountability
budget cuts and retention difficulties, a VPS officer is Office to prepare and submit a report on the response
the only law enforcement presence, often on call 24/7 of law enforcement agencies to reports of missing or
and not well paid. These officers also do not have murdered Indians, including recommendations for
arrest authority and are not allowed to carry firearms. legislative solutions as provided by the Studying the
This explains the low retention rates and recruitment Missing and Murdered Indian Crisis Act of 2019;
difficulties. • Develop protocols, in consultation with Tribal
Nations, which recognize the inherent right of
The last fifteen months, with the COVID-19 Pandemic, American Indians and Alaska Natives to exercise
we have seen conditions and safety in our villages their traditional practices in response to MMIW.
drastically worsen. Lack of adequate housing, an issue These protocols must address the current violations
before COVID, has forced victims and children to of tribal beliefs, religious, and cultural practices of
remain in the homes of their abusers. Many of the rural the murdered woman and the disrespectful handling
villages throughout Alaska thus do not have shelters of her remains. The protocols must address the
or safe houses that can provide refuge and safety. The following:
lack of sufficient funding for preventive services and • The denial of request by mothers and other
resources prevents our communities from teaching how immediate family members to see the bodies
to live in safety and unlearn violence. Safety, wellness of their loved ones. In many cases, the requests
and eliminating violence for our tribal communities and of family members to see the remains of the
citizens continues to be our top priority. AI/AN woman have been denied without
explanation.
Also, do not forget about the Department of Justice • Develop law enforcement toolkits that provide
State of Emergency in Rural Alaska Declaration. On for a thorough investigation and answer the
June 28, 2019, DOJ stated an emergency in rural Alaska necessary questions so coroners can correctly
existed and provided some resources—primarily to the identify the “manner of death.”
state to back-fill the state cuts. We need on-going support • Mailing and shipping remains without notice
and assistance to build the necessary infrastructure to to the family and sometimes without proper
address the dire jurisdictional issues that are truly health, clothing and modesty covers. In many cases,
safety and welfare issues and such assistance is required mothers and families have received the naked
Anchorage 2018 rally to raise awareness of violence against women in Alaska Native communities co-sponsored by Tlingit & Haida. / by the federal trust responsibility. remains of their loved ones in cardboard boxes
Photo courtesy of Tlingit & Haida. and plastic bags.
Again, Alaska is often overlooked or misunderstood • In adjudicated cases, return of the victim’s
wouldn’t do anything about it or help him, because she represent 50% of sexual violence and while American
about the extreme conditions that many of our personal effects and belongings to the family,
was Alaska Native. Two years ago, my daughter fled our Indians are overrepresented in DV/SA, Alaska Natives
communities face and we need strong VOICES, not if desired, for proper disposal and/or burial
homelands because of a stalker. When she attempted to are among the most victimized nationwide being
VOICE, but VOICES at the table. consistent with cultural practices.
seek help through the State court, the Judge not only victimized 2x the national average and in some areas
• Coordinate efforts across all federal
allowed her stalker to question her, and denied her even higher. They say 1 in 3 American Indian or Alaska
We believe the NIA Commission should review and departments to increase support for tribal
request for a protective order, saying she was simply too Native women have experienced sexual assault and
adopt these recommendations: responses to missing or murdered AI/AN
nice. All of this in spite of the fact that the perpetrator domestic violence. However, I have yet to sit in a group
• Implement NCAI recommendations regarding the women and girls as required by Savanna’s Act;
was in court just two months prior, also for stalking of my Tribal sisters and find the 2 out of 3 that have
tribal set-aside from the crime victim fund to assure • Coordinate efforts in consultation with Tribal
another woman––he is now running for School Board! not been sexually assaulted or beaten. We really haven’t
that the resources reach victims, survivors, and their Nations to increase the response of state
come very far.
families; governments, where appropriate, to cases of
Alaska continues to rank in the top five in the rate
• Fully implement the 2005 reauthorization of the the disappearance or murder of AI/AN women
of women murdered by men and we know this rate is We continue to remind the federal agencies, year
VAWA NIJ research program and specifically and girls; and
higher for American Indian/Alaska Native women. We after year, that in Alaska we do not have adequate law
provide Tribal Nations information regarding • We recommend the federal departments under
know that women killed by men are most often killed by enforcement and lack the resources to remedy this
missing and murdered AI/AN women; the VAWA mandated consultation support this
someone they know, and more than half are killed by an situation on our own. In addition, we currently have a
• DOJ and DOI should review, revise, and create investigation and allow Indian Tribes to use
intimate partner. Here we are in 2021 and we still have Governor who continues to cut law enforcement funds
law enforcement and justice protocols appropriate VAWA grant funds to participate in relevant
Native women beaten, raped, and left in ditches and and support for the Tribes. Tlingit and Haida Tribe has run
to the disappearance of AI/AN women and girls, meetings at the United Nations and with United
law enforcement isn’t helping. In 50, 60 years we really the Village Public Safety Officer program in Southeast
including interjurisdictional issues as provided by Nations’ bodies.
haven’t come very far. We as Alaska Native women Alaska, however, only has the funding to provide VPSO
the Savanna’s Act and Not Invisible Act;
94 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 95
POUHANA ‘O NA WAHINE
“If your people need healing and need to
be taken care of, you have to take care of
your land. If you don’t take care of your
land, you can’t take care of your people.”
–Loke Pettigrew, Pouhana ‘O Nā Wahine

Anchorage 2018 rally to raise awareness of violence against women in Alaska Native communities co-sponsored by Tlingit & Haida. /
Photo courtesy of Tlingit & Haida.

Now to answer your questions: meet the definition of “law enforcement” so we could not
What, from these topics, is a priority that would pursue this track. These VPSO’s are the closest thing we
most benefit your Tribe and/or community? We need have to law enforcement and to exclude our communities
a comprehensive plan that includes mapping out the based on this poorly drafted definition shows how so
origin of the violence, the various intersections of often we are shut out of available programs.
domestic violence, stalking and trafficking and map out
what works and hasn’t worked—what resources have Every Agency that provides grants and programs
been provided and what ones are needed now to make a to Tribes should have a meaningful tribal group to
difference? For example, we know that our children are administer the program. OVW is the only program
disproportionately represented in child welfare because that has a statutorily mandated tribal group in DOJ
often, the state does not understand our communities or HHS programs, but administratively this could be
and removes our children from our communities. These accomplished. FVPSA does a great job with so little
children are disproportionately targeted by traffickers. funding—their example should be replicated. Director
Eventually they come into the judicial system and are Shawndell Dawson and Deputy Commissioner Powell
viewed as criminals rather than as the ongoing victims just held a two-day consultation and by day two they
of racist institutions. This is just one example of the announced changes and promised quick responses to
mapping that is needed. other questions.

Are there other topics related to the Commission's Are there agencies, bureaus, offices, or programs
objectives that you wish the Commission to consider? you believe should be represented on the Commission
Yes, we need to look at the grant solicitations that leave that are not listed in the Act? Yes. The CDC should be
out our Alaska communities. For example there is a part of the federal programs. Again, there are so many
grant called, FY 2019 Law Enforcement-Based Victim intersections of issues and services needed. In Alaska,
Specialist Program. With the increased VOCA funding we need to have the state Attorney general involved in
for Tribes, the Alaska Native Women’s Resource policy change—I am sure other PL 280 states may have
Center proposed working with Tribes to get a victim- similar issues with roadblocks by their AG’s as well.
based specialist with all Village Public Safety Officers
(VPSO’s). We thought this would be a great start to Gunalchéesh––Háwʼaa––Thank you for taking the
providing more services. Sadly, our VPSO’s did not time to listen to our concerns; and we will be submitting
written comments.
96 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 97
Hō’onipa’a o
island began. This healing process is uniquely Hawaiian, spirit, bringing our people to the state of well-being; and
addressing domestic and sexual violence in a way that to preserve and promote Hawaiian culture to help families
empowers survivors to reclaim their identities through and communities live their best lives and heal from

Nā Wāhine
Native Hawaiian culture. domestic violence, sexual violence, and colonization.
Our mission is to advocate for Native Hawaiian families
The sisters of the Pouhana ʻO Nā Wahine understand who face challenges related to domestic violence and

Hawai’i
that for Native Hawaiian women, true healing can gender-based violence by exercising our inherent
only occur when a woman’s identity–her family, land, sovereign rights as Indigenous people of Hawaii to care
ancestors, culture, and history–is fully embraced as part for and protect our kanaka, ʻāina/kai, and akua (people,
of herself. In Pettigrew’s words, “When you connect to land/ocean, and gods).
To Plant Firmly your family, or your ohana, and you start to know who
you are and what your place is as an Indigenous woman, The PONW is committed to secure dedicated resources

Hawaiian Women then you can see that this is who I am, and this is who to open a Native Hawaiian Resource Center on Domestic
I’m proud to be.” Violence to provide technical assistance and training;
By Rosemond K. Pettigrew, Dayna partner at the community, statewide and national levels;
In response to the MMIW crisis, the PONW took steps and develop policies and cultural resources to stop,
Schultz, NaniFay Paglinawan, Dolly
to join the efforts to honor and seek justice for MMIW. prevent, and eliminate domestic violence and help
Tatofi, Members of Pouhana ‘O Nā In 2021, we became a member of the state MMIW victims and their family members increase their safety.
Wahine, and Paula Julian, Senior Task Force on Missing and Murdered Native Hawaiian Collectively, the individuals of PONW have over 50
Policy Specialist, NIWRC Women. We also became a member of NIWRC’s years of experience in the advocacy and social service
National Partners workgroup which organized the first field and are all Kanaka ʻŌiwi who have a passion for
National Week of Action for MMIWG this past April helping to heal generations past and present to ensure
To address the MMIW crisis requires healing. In
29-May 5, 2021. The PONW participated in the 2021 the healthiest future.
essence, we created the Pouhana ʻO Nā Wahine (Pillars
Week of Action by organizing our May 3 webinar titled
of Women) to heal our communities from trauma caused
Nā Hānauna hoʻōla: Healing Generations. In 2022, the In partnership with the National Indigenous Women’s
by colonization and the related effects of domestic and
PONW will again be part of the national organizing Resource Center (NIWRC) and the Alaska Native
sexual violence. And for Native Hawaiians, healing is
efforts for the second National Week of Action. The team Women’s Resource Center (AKNWRC) and with the
a process that is intimately tied to our kūpuna āina, the
looks forward to educating at the local, state, national support of the Family Violence Prevention and Services
land where we as a people have resided for generations.
and international levels about disparities we face and Program within the Administration for Children and
the importance of solutions rooted in Native Hawaiian Families, PONW is developing an organizing curriculum
“The life of the land is in its people,” said Rosemond
culture to prevent violence against women, including titled ​​“E hoʻoulu pono ka manaʻolana, ka mauli ola a
“Loke” K. Pettigrew, Board President, Pouhana ‘O
missing and murdered Indigenous women. me ka ʻikena no ka lāhui i ka leo kalahea aloha: No
Nā Wahine, quoting the Native Hawaiian writer Dana
ka wā i hala, ka wā nei a no ka wā e hiki mai ana”
Naone Hall. “If your people need healing and need to
The Pouhana ‘O Nā Wahine is a grassroots organization (Using the voice of our people to bring hope, healing
be taken care of, you have to take care of your land. If
focused on opening a Native Hawaiian Resource Center and knowledge for our people: Past, present and future).
you don’t take care of your land, you can’t take care of Pouhana O Na Wahine Board of Directors Meeting, July 10, 2021, Manoa
on Domestic Violence to reduce domestic violence
your people.” Valley, Oahu. / Photo courtesy of Loke Pettigrew.
disparities faced by Native Hawaiians. These disparities The organizing curriculum will:
date back to the days of first contact with foreigners that • Help serve as a roadmap for PONW’s advocacy and
This process of healing is part of the Native Hawaiian are and where you came from is important for healing,
resulted in the 1893 overthrow of Hawaii’s monarchy organizing, including to
​​ develop our organizational
concept of hoʻoponopono, which means to make things because you’re not only healing your present self, but
by the U.S. government’s 1898 annexation of our capacity to lead, organize and partner for social
right. you’re healing your past self. You’re healing your kūpuna
homelands. The U.S. apologized through their Joint change at the local, statewide, regional, national
who have suffered as a result of just being Indigenous
Resolution (PL 103-150): and international levels to increase Native women’s
“The abuse has been carried on through at least four or Native Hawaiian, by government oppression, even
safety;
generations, and it’s going to take a lot of work,” oppression by your own people in some cases. So you
Whereas the long-range economic and social • Support Native Hawaiian community organizing
Pettigrew said. “Because you have the next generation have to go back to who you are, where you came from,
changes in Hawaii over the nineteenth and early efforts;
of 30 and 40-year-olds that are still oppressed, and identify your family, and address it.”
twentieth centuries have been devastating to the • Address the unique challenges facing Native
emotionally, maybe in other ways as well, with the
population and to the health and well-being of the Hawaiians responding to violence against women;
violence in their families. And if it’s there, then it’s In this way, the Pouhana ʻO Na Wahine (PONW)
Hawaiian people and
carrying on to the next generation. You need to regain are healing more than just the trauma of current-day
• Help to center Native Hawaiian culture as a
who you are and where you come from to heal,” survivors–they are healing the pain that Native Hawaiians
Our vision is to restore the balance of mind, body, and protective factor.
Pettigrew added. “Connecting and accepting who you have endured since the 1800s when colonization on the

98 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 99
INDIAN LAW RESOURCE
CENTER
“United States law must move
forward, it must meet its obligations
under international human rights
law, and it must protect all
“We selected pouhana (central wood
pole used in traditional Native Hawaiian women everywhere from all forms
homes) as part of our name because we
recognize without the pouhana, the house of violence and discrimination
falls apart, and wāhine, like pouhana,
are the strength of the family. We come
including the most vulnerable—
together as a hui (group) to serve as
pouhana and help our people to address
Indigenous women and girls.”
domestic violence and related injustices.” —Jana L. Walker, Cherokee and Delaware, and
—NaniFay Paglinawan, Pouhana’s Kūpuna (elder)
Christopher T. Foley Cherokee, Senior Attorneys,
Indian Law Resource Center
Please join us during our 2022 National Week of Action things to create a shift of thought or perspective, which .
for MMIWG to continue to urge the U.S. government continues to be central to our advocacy and organizing
to reaffirm and support Indigenous protective systems to increase the safety of Native Hawaiian women and
through our joint 6-Point Action Plan, including: communities,” Pettigrew said. “Me Ka ha’aha’a (with
Recognizing and respecting Indigenous responses humility).“
of Native Hawaiian communities and organizations
to protect Indigenous women, including through the “We are not only concerned with wanting to create and
support of a Native Hawaiian Resource Center on hold safe spaces, we also want to take it further and have
Domestic Violence. the real discussion that needs to be had so that we are
continuously living in a state of Aloha in all ways,” said
The Pouhana ‘O Nā Wahine is excited to share that Dolly Tatofi, Board of Directors, Pouhana ‘O Nā Wahine.
in October 2021 we received notice from the Internal “When we are able to have real discussions about real
Revenue Service (IRS) that effective April 13, 2021, the issues and conflict in a way that is with Aloha, we uphold
Pouhana ‘O Nā Wahine is now a 501(c)(3) nonprofit. the values of Aloha as a way of being, a Nohona Aloha
This marks a point in the changes and shift resulting from so to say. I would like to actually be able to help us move
grassroots organizing of Indigenous women against
​​ the toward a SACRED SPACE as well where we are able to
range of disparate and disproportionate serial violence acknowledge and realize how connected we really are
Indigenous women experience, including missing and that we meet in a space of full honor and respect of all
murdered Indigenous women. beings with no judgment and just pure Aloha.”

The PONW thanks the NIWRC and the AKNWRC for


their partnership and support in helping us organize and
advocate since 2013.“Our partnerships with NIWRC
View Joint 6-Point
and AKNWRC have provided us with brave spaces Action Plan
to build relationships of understanding, respectfully
discuss, acknowledge and accept differences of opinions n8ve.net/Wyrfu
and views, and to seek balance in all relationships and
100 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 101
101
A Human Rights Response “Violence against indigenous peoples and
to the MMIWG Crisis in the individuals, particularly women, hinders or
United States nullifies the enjoyment of all human rights
International Law and the Movement to and fundamental freedoms”
End Violence Against Indigenous Women ––American Declaration on the Rights of
Indigenous Peoples, Article VII
and to Address MMIWG

Indigenous peoples’ right of self-determination, which and girls further increases their vulnerability to violence.
includes the right to maintain their legal institutions and The Council underscored the duty of member States “to
to determine the responsibilities of individuals to their exercise due diligence to provide protection to women
communities. and girls, including indigenous women and girls, who
have been subjected to or are at risk of violence.”
In 2016, the Organization of American States adopted
the American Declaration on the Rights of Indigenous International experts recognize that Indigenous women
UN Headquarters Geneva. / Peoples. Article VII recognizes that “violence against often experience multiple forms of discrimination
By Jana L. Walker, Cherokee and Delaware, Photo courtesy of Indian Law Resource Center.
indigenous peoples and individuals, particularly women, that can make them more vulnerable to other forms of
and Christopher T. Foley, Cherokee, Senior hinders or nullifies the enjoyment of all human rights violence such as human trafficking and the impacts of
Attorneys, Indian Law Resource Center and fundamental freedoms” and calls on member states extractive industries. This heightened level of violence
to “adopt, in conjunction with indigenous peoples, the that Indigenous women face leads to so many of our
For more than a decade, the Indian Law Resource Center murdered Indigneous women and girls (MMIWG) is a necessary measures to prevent and eradicate all forms sisters going missing or being murdered. But the MMIW
(the Center), and its various partnering organizations human rights violation under international law. of violence and discrimination, particularly against crisis is not just about violent crime. It is also about the
including the Alaska Native Women’s Resource Center, indigenous women and children.” systematic discrimination that permeates the American
the National Indigenous Women’s Resource Center, Indigenous Women’s Rights are Women’s criminal justice system, and how that discrimination
and the National Congress of American Indians and Rights and They Also are Human Rights In 2016, the UN Human Rights Council–the United leads law enforcement and prosecutors to let violent
its Task Force on Violence Against Women have used The United Nations (UN) recognizes that women’s Nations body specifically tasked with promoting and crimes turn into MMIW cases that remain unreported,
international advocacy, combined with domestic human rights include the right to be safe and live free protecting all human rights worldwide–adopted for the uninvestigated, unprosecuted, and unsolved.
advocacy, as part of a strategy to restore safety to from violence and discrimination. In fact, violence very first time an annual resolution on accelerating efforts
Indigenous women and girls. The Center’s Safe Women, against women and girls is recognized as one of the most to eliminate violence against women that explicitly The UN Declaration states that indigenous women have
Strong Nations project works to end violence against pervasive violations of human rights worldwide, a rights also addresses violence against indigenous women and the right to live lives free of all forms of violence and
Indigenous women and children and its devastating violation that occurs in all countries. The United Nations girls. (A/HR/RES/32/19). The resolution recalls the discrimination, but the MMIW crisis exists squarely at
impacts on Native communities by raising awareness of further recognizes that gender-based violence and 2014 outcome document of the World Conference on this intersection of violence and discrimination against
this crisis regionally, nationally, and internationally, by discrimination significantly impairs women’s enjoyment Indigenous Peoples in which member States agreed to Indigenous women. MMIW cases exist in large part
strengthening the capacity of Indian and Alaska Native of all their other human rights and fundamental freedoms. intensify efforts, in cooperation with Indigenous peoples, because violent crimes against Indigenous women are
Nations and Indigenous women to prevent violence to eliminate and prevent all forms of violence and not treated as seriously, if at all, as crimes against non-
and restore safety and Tribal criminal authority and to The UN and American Declarations on the Rights discrimination against Indigenous peoples, particularly Indigenous women. This discriminatory practice and
preserve Tribal civil jurisdiction. of Indigenous Peoples are significant affirmations of women and children. In the resolution, the Council also patterrn is a human rights violation.
the rights of the Indigenous peoples, and these two expressed deep concern that indigenous women and
Under this strategy, we show that violence against Declarations establish human rights benchmarks for girls are disproportionately affected by violence and Indigenous women have the same fundamental
Indigenous women and girls in the United States is member countries to meet when they adopt laws or sexual violence and alarm at the high level of impunity freedoms, the same human rights, as all other people. Yet
not simply a domestic criminal law matter; it is also policies that will affect Indigenous peoples. Article 22 of regarding gender-based violence and killings of women, the overall rate of violence for Native women is 2/5 times
an international human rights issue. For example, the the UN Declaration explicitly calls on countries to ensure including Indigenous women and girls, noting the role higher than for any other group of women in the U.S.1
United States government's failure to respond to the that “indigenous women and children enjoy the full of the criminal justice system in preventing and ending More than 4 in 5 Indigenous women in the U.S. have
crisis of violence against American Indian and Alaska protection and guarantees against all forms of violence such impunity. The Council also noted how institutional
Native women and girls and the issue of missing and and discrimination.” The UN Declaration also affirms and structural discrimination against Indigenous women 1 https://n8ve.net/i40Dw
102 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 103
STRONGHEARTS
NATIVE HELPLINE
“In cases of intimate partner
violence, StrongHearts
Native Helpline is an
invaluable preventative tool
in the movement to end
the epidemic of missing
and murdered Indigenous
relatives. Sometimes the
availability of a Native-
centered resource like
StrongHearts Native Helpline
is the difference between
a relative seeking safety or
going missing.”
Quilt Block. / Photo courtesy of Indian Law Resource Center.

- Lori Jump, Ojibwe,


experienced violence. More than 56% have experienced all women everywhere from all forms of violence
StrongHearts Native
sexual violence, and of these women, 96% report sexual and discrimination including the most vulnerable—
violence by a non-indigenous perpetrator over whom Indigenous women and girls. Helpline Director
Tribal governments lack full criminal jurisdiction.2
On some reservations, the murder rate is 10 times the The United Nations was established in 1945, and its
national average.3 And Alaska Natives suffer the highest Charter states that the institution was founded, in part,
rate of forcible sexual assault in the entire country.4 to “reaffirm faith in fundamental human rights, in the
dignity and worth of the human person, in the equal rights
We must not allow Native women to continue to endure of men and women…” And as international human rights
these terrible rates of violence and the corresponding law has developed over time, the United Nations has
lower rates of enforcement, prosecution, and punishment evolved to respond directly to issues just like MMIW—
of their abusers, just because they are Indigenous and violations of human rights, violations of women’s rights,
have been assaulted on an Indian reservation or in an and now violations of indigenous women’s rights. But
Alaska Native village. Discriminatory legal barriers institutions rarely act without pressure, so it is up to us
that persist in the United States that affect the safety to speak, to write, to advocate, to make sure that the UN
of Native women must be removed. United States law and OAS continue to press the United States and other
must move forward, it must meet its obligations under countries to meet their obligations to protect Indigenous
international human rights law, and it must protect women’s human rights.

2 https://n8ve.net/gz90y
3 https://n8ve.net/cD47D
4 https://n8ve.net/HbO0L
104 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 105
105
violence occur right after recent breakups or during Prevention
separations. Leaving an abusive relationship is the most One way to address these issues is through culturally-
dangerous time for a victim of domestic violence.
Centuries of Missing
appropriate domestic and sexual violence advocacy. We
need services that approach healing from an Indigenous
“In cases of intimate partner violence, StrongHearts perspective – where victim-survivors feel understood

and Murdered Native Helpline is an invaluable preventative tool in the and where their unique needs as Native people can be
movement to end the epidemic of missing and murdered met.

Indigenous Relatives Indigenous relatives,” said Lori Jump (Sault Ste. Marie
Tribe of Chippewa Indians), Director, StrongHearts Created by and built to serve Tribal communities
How Domestic and Sexual
Native Helpline. “Sometimes the availability of a Native- across the United States, StrongHearts Native Helpline
centered resource like StrongHearts Native Helpline is is here to answer that call. It is a culturally-appropriate,
Violence Intersects with MMIR the difference between a relative seeking safety or going anonymous, confidential and free service dedicated to
Native-Centered Resources
missing.” serving Native American and Alaska Native survivors
and concerned family members and friends affected by
By Ericca “CC” Hovie, Sault Ste. Marie Tribe of Complicated legal systems, jurisdictional confusion, domestic, dating and sexual violence.
Chippewa Indians, Communications Manager, and lack of resources also leave many Native American
and Alaska Native victims of violence and their families
StrongHearts Native Helpline Advocates are available 24/7 by texting or calling
without support or justice. Whether the violence is 1-844-7NATIVE (762-8483) or via online chat at
coming from inside the home, or from strangers living strongheartshelpline.org. Advocates can provide
near Tribal communities or in urban centers, meaningful lifesaving tools and immediate support to enable
action must be taken to prevent more Native women survivors to find safety and live lives free of abuse.
from going missing or being murdered.
Native American cultures, languages, lands, and lives StrongHearts Native Helpline understands the issues
were all systematically and forcibly taken through of MMIR are related to domestic, dating, and sexual
colonization. Our ancestors endured genocide and violence. We understand that missing and murdered
assimilation for more than five centuries. Today, there victims can be children, elders, Two-Spirit, men, and vpc.org/when-men-murder-women/ Accessed November 2021.
is ample evidence that genocide still occurs through the those with disabilities. This crisis affects all of our
inhumane conditions on reservations, the jurisdictional relatives. Survivors deserve justice.
issues that prevent the prosecution of non-Native
perpetrators on Tribal lands, and ignoring the Missing Research2 shows that women are more likely to be
and Murdered Indigenous Relatives (MMIR) crisis. killed by an intimate partner (spouse, boyfriend, same-
sex partner, or ex-partner) than by anyone else.3 Over
The Connection to Domestic Violence and 84 percent of Native women have experienced violence
Sexual Violence in their lifetime. Nationally, across all racial and ethnic Follow StrongHearts on
Domestic violence isn’t a Native American tradition; it groups, approximately two out of five female murder social media:
is a symptom of colonization that continues to this day. victims are killed by an intimate partner.4 Homicide is a
leading cause of death for American Indian and Alaska • Facebook:
Through colonization, Native women were devalued by Native women.5 Many killings linked to domestic fb.com/strongheartsdv
non-Native people. They were degraded, attacked and
raped–acts that still occur at alarming rates today. Tribal tive Women and Men,” NIJ Journal 277 (2016): 38-45, available at http:// • Instagram:
communities continue to experience disproportionate nij.gov/journals/277/Pages/violence-againstamerican-indians-alaska-Na- strongheartsdv
levels of rape and sexual assault, largely committed by tives.aspx. Accessed November 2021.
non-Native perpetrators. Native women are sexualized 2  Shannan Catalano, Ph.D., BJS Statistician. “Intimate Partner Violence: • Twitter:
Attributes of Victimization, 1993–2011” U.S. Department of Justice
in the media–in costumes, Native American imagery and Office of Justice Programs Bureau of Justice Statistics. November 2013. @strongheartsdv
caricatures, and movies. Native women and men still https://bjs.ojp.gov/content/pub/pdf/ipvav9311.pdf Accessed November
struggle from the effects of colonization, marginalization 2021.
3  “When Men Murder Women”. Violence Policy Center, 2021. https://
and assimilation, and our shared trauma. Over half of vpc.org/when-men-murder-women/ Accessed November 2021.
Native women, in particular, have been physically 4  Cooper, Alexia and Smith, Erica L., BJS Statisticians. “Patterns &
Trends Homicide Trends in the United States, 1980-2008 Annual Rates for
abused by an intimate partner.1 2009 and 2010”. U.S. Department of Justice Office of Justice Programs
Bureau of Justice Statistics. November 2011, NCJ 236018 BJS. https://bjs.
ojp.gov/content/pub/pdf/htus8008.pdf. Accessed November 2021.
1  Rosay, André B., “Violence Against American Indian and Alaska Na- 5  When Men Murder Women”. Violence Policy Center, 2021. https://
106 Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center Restoration • Volume 18, Issue 4 • Special Edition on MMIW • National Indigenous Women’s Resource Center 107
VIOLENCE IS NOT
OUR TRADITION
Annual Print Subscriptions
TAKE ACTION NOW Available
Access Tribal resources Visit niwrc.org/restoration
$35 Individual / $100 Institutional
Request technical assistance

Join mailing list to organize,

receive updates, & action alerts BOARD OF DIRECTORS, NATIONAL INDIGENOUS WOMEN’S RESOURCE CENTER
Cherrah Giles, Muscogee Nation, Chair
Carmen O’Leary, Cheyenne River Sioux, Vice Chair
Wendy Schlater, La Jolla Band of Luiseno Indians, Treasurer
Leanne Guy, Diné, Secretary
Connect with our work at Deborah Parker, Tsi-Cy-Altsa (Tulalip/Yaqui), Member
niwrc.org Randi Barreiro, Akwesasne Mohawk, Member
Wanette Lee, Native Hawaiian, Member
fb.com/niwrc @niwrc niwrc
The Restoration Special Edition on MMIW is made possible by the generous support of The Vadon Foundation.
January 2022 | Volume 18 | Issue 4

“A Nation is not conquered until the hearts


of its women are on the ground. Then it is
finished, no matter how brave its warriors
or how strong their weapons.”
-Cheyenne proverb

515 Lame Deer Ave, Lame Deer, MT 59043


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