CHEROKEE, N.C. — At 64 years-old, Matilda Black Bear, better known as Tillie, refers to herself as a “classic case” in regards to her story of domestic violence. She was 26 years old when she entered into a relationship that turned violent. She knew after the first week that she had to get out, but it took her three years to leave.
“In the ’70s there were no services for victims, let alone any laws to hold perpetrators accountable,” recalls Tillie. “I went to the police and to the judges and they didn’t know what to do with me.”
According to U.S. Department of Justice Statistics, not much has changed in nearly 40 years. Tillie’s story is shared by thousands of Native women in the United States. One out of three Native women will be raped in her lifetime, and three out of four will be physically assaulted.
These staggering statistics were presented, along with a plea for help, to the United Nations Special Rapporteur on Violence Against Women, Ms. Rashida Manjoo. Manjoo visited the Eastern Band of Cherokee Indians in Cherokee, North Carolina on Jan. 28-29, 2011. Her purpose was to meet with tribal leaders, advocacy organizations, and Indian women survivors to learn more about the high rates of violence against Indian women and what the United States can do to safeguard the human rights of Indian women.
“Young women on the reservation live their lives in anticipation of being raped,” said Juana Majel Dixon, First Vice President of the National Congress of American Indians and member of the Pauma-Yuima Band of Luiseno Indians. “They talk about ‘how I will survive my rape’ as opposed to not even thinking about it. We shouldn’t have to live our lives that way.”
Dixon says she discovered there was not a single woman in her generation, from her area that had not been raped.
Unlike all other local communities, Indian nations and Alaska Native villages are legally prohibited from prosecuting non-Indians, and the Indian Civil Rights Act limits the sentencing authority of tribal courts over Indian offenders committing acts of sexual and domestic violence on tribal lands.
Presenters from Clan Star, Inc. highlighted for the Special Rapporteur specific areas that need improvement in order for sovereign tribal nations to increase the safety of women. The recommendations included: restoring tribal criminal jurisdiction over non-Indians; increasing the sentencing authority of Indian tribes; increasing federal support to Indian tribes to enhance their response to violence against women; and creating a new funding stream that specifically provides services to Native survivors of domestic and sexual violence.
Advocates hope Manjoo will also hold the United States accountable under international human rights law, which has a higher standard for protecting women.
“What we need in Indian country is a transformation,” said Kirsten Matoy Carlson, Director of the Safe Women Strong Nation program at the Indian Law Resource Center. “International human rights law tells us that we can do better. We can better provide access to justice for Native women.”
As UN Special Rapporteur on Violence Against Women, Ms. Manjoo is required to gather information on and formulate recommendations for the prevention and remedy of violations on human rights. “The right to be safe and live free from violence is a human right that many in this country take for granted—but not Native women, who are beaten and raped at rates higher than any other population of women in the United States,” said Terri Henry, Councilwoman for the Eastern Band of Cherokee Indians and co-chair of the NCAI Task Force on Violence Against Women. “This is a human rights crisis that Indian country has been aware of for some time. We are glad that the rest of the world is finally beginning to take notice.”
The Eastern Band of Cherokee Indians (EBCI) is one of 565 federally recognized, sovereign Indian and Alaska Native nations in the United States. The land base of the EBCI, known as the Qualla Boundary, includes an area of 56,000 acres of land located in five western North Carolina counties. It is a rural, remote area that has six traditional Cherokee townships. The EBCI is responsible for the safety and protection of women within Qualla Boundary. EBCI tribal emergency medical personnel, law enforcement services, prosecutors, courts and services are charged with handling domestic violence and sexual assault cases. The EBCI is directly responsible for holding Indian perpetrators of such crimes accountable. Despite these responsibilities for responding to violent crimes against women, the EBCI and all other Indian tribes have no criminal authority over non-Indians and cannot prosecute non-Indians for committing crimes against tribal citizens on tribal lands. Nationally, non-Indians commit 88% of all violent crimes against Indian women.
The Special Rapporteur visited the EBCI tribal courts, the police department, and the Cherokee Hospital providing services to women.
Findings from her trip will be reported to the United Nation’s Council on Human Rights along with recommendations to
the United States on how to better protect women’s human rights and to stop the violence.
“We hope Ms. Manjoo will give breath to these words and share our struggle with the world,” said Dixon.
The Special Rapporteur’s visit is hosted by the Eastern Band of Cherokee Indians, in partnership with the National Congress of American Indians, Clan Star, Inc., Indian Law Resource Center, and the Sacred Circle National Resource Center to End Violence Against Native Women.
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Host and Partner Organizations
The Eastern Band of Cherokee Indians is hosting the UN Special Rapporteur on Violence Against Women on the Qualla Boundary, Cherokee, North Carolina.
The Eastern Band of Cherokee Indians (EBCI) is one of 565 federally recognized, sovereign Indian and Alaska Native nations in the United States. The land base of the EBCI, known as the Qualla Boundary, includes an area of 56,000 acres of land located in five western North Carolina counties. It is a rural, remote area that has six traditional Cherokee townships. The EBCI is responsible for the safety and protection of women within Qualla Boundary.
About the Clan Star
Clan Star, Inc., a not-for-profit organization incorporated under the Eastern Band of Cherokee Indians in 2001 (www.clanstar.org), devoted to improving justice to strengthen the sovereignty of Indigenous women through legal, legislative, and policy initiatives, and, education and awareness; Clan Star provides technical assistance, training and consultation throughout the United States to Indian tribes and tribal organizations in the development of public policy strategies addressing violence against women.
About the National Congress of American Indians
The National Congress of American Indians (NCAI) is the oldest and largest national organization of American Indian and Alaska Native tribal governments. As the collective voice of tribal governments in the United States, NCAI is dedicated to ending the epidemic of violence against American Indian and Alaska Native women. In 2003, NCAI created the NCAI Task Force on Violence Against Women to address and coordinate an organized response to national policy issues regarding violence against Indian women. The NCAI Task Force represents a national alliance of Indian nations and tribal organizations dedicated to the mission of enhancing the safety of American Indian and Alaska Native women.
About the Indian Law Resource Center
The Indian Law Resource Center is a non-profit law and advocacy organization established and directed by American Indians. The Center is based in Helena, Montana and also has an office in Washington, DC. We provide legal assistance to Indian and Alaska Native nations who are working to protect their lands, resources, human rights, environment and cultural heritage. Our principal goal is the preservation and well-being of Indian and other Native nations and tribes. For more information visit http://www.indianlaw.org.
About the Sacred Circle National Resource Center to End Violence Against Native Women
Sacred Circle provides technical assistance, policy development, training, materials and resource information regarding violence against Native women and assists in developing tribal strategies and responses to end the violence. Sacred Circle was established in 1988 as the fifth member of a national domestic violence resource center network created by the US Department of Health and Human Services in 1993. For more information visit http://www.sacred.circle.com.
Turtle Talk 
I am a Chippewa Woman from the Little Shell Band of Montana, and I along with two other Indian Women have been brutally beaten beyond recognition, I survived the other two did not. Susan Jones, my 29 year old cousin died of blunt force trauma to the face. Mary Garlic was found floating in Spring Creek, the Sheriffs department said no foul play was suspected. I have been invited to speak at a Women against violence conference in Carlisle Penn., at Dickinson College the end of March. I want to expose the civil rights violations happening in my state against Indian Women. I am available to attend conferences that address these violations and speak against those oppressors. Please feel free to come to the conference, and make a stand against this abuse.