Jurisdiction and Human Rights Accountability in Indian Country

Abstract

American Indian and Alaska Native women are two and a half times more likely to experience violence in their lifetimes than other women in the United States. Due to the jurisdictional maze in Indian country, they are also more likely than other women to see the violence against them go unpunished. This reality has created a serious human rights crisis in Indian country and Alaska Native villages. This article focuses on how limitations placed by the federal government on tribal government authority undermine the ability of tribal governments to respond adequately to violence-based human rights abuses occurring in Indian country. It concludes that American Indian governments cannot effectively govern and protect human rights within their territories as long as the United States government continues to restrict their governmental authority.