Taking stand for safety of Indigenous women, legislature passes tribal VAWA

Updated on Thursday, March 19

In its final hours before adjourning Tuesday, Maine legislators in the House and Senate passed a bill that will allow the Penobscot Nation and the Passamaquoddy tribe to prosecute non-tribal people accused of committing acts of domestic violence or other crimes under the federal Violence Against Women Reauthorization Act of 2013.

The bill, sponsored by Rep. Rachel Talbot Ross (D-Portland), amends the Maine Indian Claims Settlement Act in a way that transfers jurisdiction over a person who is not a member of either tribe or nation in accordance with federal law and increases the level of certain criminal offenses.

With Indigenous women in the U.S. murdered at 10 times the national average, the ability for tribes to pursue and prosecute these cases, and coordinate with federal agencies, is seen as key to addressing this national crisis.

After the votes, Penobscot Nation Tribal Ambassador Maulian Dana called the bill “a collaborative and historic piece of legislation,” thanking Talbot Ross, as well as other lawmakers, legal advisors, and tribal leaders.

“We have taken an important step in making our communities a safer place for all, especially Wabanaki women. Indigenous women all over the country are the victims of crimes at a rate higher than any other group and part of the tragic nature of the crisis is jurisdictional issues that complicate cases and further victimize the victims,” Dana said.

“As a Penobscot woman and mother of two daughters, this bill is personal for me and for many people I love and care about,” she added. “I am grateful today for the hard work paying off. This is how we help heal intergenerational trauma.”

Talbot Ross issued a statement saying the new law “has taken years of incredible resiliency, leadership and sacrifice of tribal members.” By passing this critical measure, she added, “we honor their humanity and ensure that access to justice and protection from violence is the law for all of the people of Maine.”

In an emailed statement, Passamaquoddy Nation Rep. Rena Newell said she is “encouraged by the passage of this legislation. Tribal citizens need to know that they will be safe and protected. This bill further acknowledges the need to recognize and respect Tribal Sovereignty within Maine for Tribal governments to exercise jurisdiction over certain criminal offenses committed on our land.”

This bill was among the bigger sticking points within the ongoing negotiations over the Indian Land Claims Settlement Act but late February tribal leaders including Dana reached a deal with Governor Janet Mills on the issue.

In the Maine House of Representatives, a motion to table the bill, introduced by Rep. Trey Stewart (R-Presque Isle), failed 50 to 87, with 13 excused.

(Top photo: Passamaquoddy Nation Rep. Rena Newell and advocates at the State House at an event highlighting the issue of Missing and Murdered Indigenous Women. | Dan Neumann)