OpenForum – a blog by the Health and Human Rights community

[Editor's note: This is a guest post written by Ms. Katherine Moloney.]

On 17th June the Federal Government announced changes to its Support for Victims of People Trafficking Program, to take effect as of 1 July. The government has radically reformed its policy with regards to victims of trafficking after years of campaigning by non-government organizations and advocacy groups.  Previously based on the victim’s usefulness to criminal proceedings, the system recognizes the complex needs and vulnerabilities of victims and their difficulties, however willing, in providing a “significant contribution” to a criminal investigation. The program is therefore afforded to all victims regardless of their instrumentality.  Taking a human rights-based approach, the new legislation removes the temporary visa entirely and bases permanent visa attainment on any “contribution” (including a police statement) and a risk of harm if returned home.  Furthermore, the reflection period has been increased to 45 days, with the possibility of extension to 90 days to provide an adequate period over which to seek assistance and make an informed choice about their future. Read more

Watson’s Atlas Map of Indian Territory (1886)

A startling 1 in 3 American Indian women will experience rape in her lifetime, according to the US Justice Department. Yet only federal attorneys can prosecute felonies like rape committed on tribal land – attorneys that are also responsible for terrorism and drug cases. The result: US attorneys decline to prosecute 75% of American Indian rape cases every year, according to NPR. Even if tribal authorities were able to prosecute rape cases, they would still only be able to prosecute members of federally recognized tribes. This poses a severe dilemma, since 86% of assailants are reported to be non-Indian. To address these issues, Congress is now attempting to strengthen the control of tribal authorities and increase the accountability of responsible federal agencies with the Tribal Law and Order Act of 2009.

While tribes maintain sovereignty through tribal police departments and tribal judiciary systems, the federal government holds the purse strings, and federal law still preempts tribal law in civil rights and criminal jurisdiction. Tribal law enforcement officials can’t prosecute non-Indian offenders, and even if a crime is committed by an American Indian, they can’t prosecute felonies like rape. Underfunding has also led to inadequate tribal law enforcement; in 2007, the Standing Rock Sioux Reservation had only 5 Bureau of Indian Affairs officers patrolling an area the size of Connecticut.

This may change — if the new bill passes. Introduced by a bipartisan group of senators, the bill would increase the authority of  tribal police by allowing them to make arrests for all crimes committed on tribal land, and to transfer prisoners to the Bureau of Prisons where the tribal government reaches an agreement with the Bureau.  It would also increase the accountability of federal agencies by establishing an “Office of Indian Country Crime” dedicated to enforcing federal criminal law committed on tribal land, among other provisions.

The bill specifically addresses the epidemic of domestic violence and sexual assault in that it would require the Indian Health Service (IHS) to implement policies and procedures for victims, establish concurrent jurisdiction to prosecute sexual assaults at the request of a tribe, and require the development of victim training programs for law enforcement and IHS personnel. The bill may not be a panacea, but giving tribes the authority to arrest non-Indians for federal crimes such as rape is an essential step in the protection of American Indian women against sexual violence.

See more links below the fold: Read more

Dominic d’Souza, a leading AIDS activist in India, did not know why he was arrested in February 1989, until he saw a medical report. His crime? Being HIV-positive. After he had donated blood several months earlier (which later tested positive for the virus), the hospital contacted the local police, who acted in accord with the province’s Public Health Act and detained him. Under the Act, detention for HIV-positive individuals was mandatory. He was held in a dirty, cramped, former TB sanatorium against his will for the next 64 days. Shortly afterward, this particular Act was amended to eliminate the mandatory detention of infected patients, but other oppressive, discriminating HIV laws exist throughout the world. Read more

As the nationwide crisis in the housing and credit markets unfolds, a community-based coalition of health care and social service providers, affordable housing developers, and community organizers convened on October 10, 2008 to highlight human rights-based solutions to the crisis in one of America’s hardest-hit communities, South Los Angeles.

Read and hear coverage of this report from 89.3 KPCC, NPR Radio in Los Angeles!

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