VAWA Implementation and the Alaska Pilot Program

By Rick A. Haskins-Garcia, Esquire, Director of Law and Policy, Alaska Native Women’s Resource Center

Four individuals, including one smiling in traditional indigenous attire, standing together outdoors with two police vehicles in the background, under a cloudy sky with mountains.
Chickaloon Traditional Chief Gary Harrison with Chickalon Tribal Police Officers. Photo courtesy of Donna Anthony, Chickaloon Chief of Police. 

 

Alaska continues to remain a dangerous state for women, particularly Alaska Native (AN) women, who face some of the highest rates of violence in the United States. A study by the National Institute of Justice revealed that over 84% of AN and American Indian (AI) women have experienced violence in their lifetimes—almost double the national average— reflecting an ongoing epidemic of domestic and sexual violence.

 

The root causes of violence are deep and complex, influenced by historical trauma, systemic neglect, and the isolation of many AN communities. Many villages are located in remote areas with limited access to law enforcement and judicial resources, severely hindering the ability to report crimes, investigate them, or secure justice. Law enforcement response times can take hours or even days, leaving victims vulnerable and without support, forcing many women to remain in dangerous situations or travel long distances to seek help.

 

The 2022 reauthorization of the Violence Against Women Act (VAWA) included the Alaska Pilot Program (APP), which allows Alaska Tribes that meet certain statutory requirements to exercise Special Tribal Criminal Jurisdiction (STCJ). The APP enables Tribes to prosecute non-Native offenders for certain crimes committed in AN Villages, addressing a significant accountability and justice gap left by the 1978 Oliphant v. Suquamish Indian Tribe decision, which removed Tribal authority over non-Natives.

 

The Chickaloon Native Village and the Native Village of Dot Lake have received STCJ grant funding to support their efforts to develop and implement Tribal criminal justice systems to prosecute non-Native offenders in their communities.

 

The Chickaloon Native Village

The Chickaloon Native Village (Chickaloon), known as “Nay’dini’aa Na” in the Ahtna Athabascan language, is located in Sutton, Alaska, about 90 minutes from Anchorage. The Tribe, with over 350 citizens, provides services and resources to its members, the area’s AN/AI population, and its robust non-Native community.

 

Since the 1900s, Chickaloon’s traditional lands have attracted extractive industries like logging and mining, which brought increased violence and victimization, disrupting traditional ways of life. Today, Chickaloon is committed to upholding Tribal sovereignty and operates over 11 comprehensive programs, including a robust Tribal Justice and Police Department.

 

Philip Ling, Chickaloon’s Traditional Tribal Court Director and Council Member, and Donna Anthony, Chief of Police, identified five key areas for implementing VAWA:

  1. Establishing a Tribal Police Department that is fully operational and adequately equipped and trained to handle challenges, especially against sexual assault, domestic violence, MMIP, and human trafficking.
  2. Securing adequate funding and resources to ensure financial and material support to sustain law enforcement efforts, including equipment, facilities, and training.
  3. Building collaborative partnerships and relationships with state and federal agencies and other Tribal communities to enhance cooperation and resource sharing is crucial for effective law enforcement and community protection.
  4. Fostering community engagement and awareness, including educating Tribal citizens about law enforcement resources, building trust, and encouraging collaboration between the community and the Tribal Police Department.
  5. Providing training and capacity building, including prioritizing the training of Chickaloon Police Officers in culturally competent practices and areas such as victim support and investigation techniques for cases of MMIP and human trafficking.

 

“We want to create a robust and responsive law enforcement to effectively protect our people and address the safety issues in our community,” said Donna Anthony, Chickaloon Chief of Police. “By weaving traditional tribal values into contemporary law enforcement, we create a model that honors cultural heritage while addressing modern challenges and promoting a holistic approach to justice.” 

 

Chickaloon faces significant challenges in securing consistent funding and developing infrastructure to support a Police Department, including communications systems, data management, and emergency response. 

 

“These challenges require our Tribe to be resourceful, persistent, and strategic in our approach to implementing VAWA and the Alaska Pilot Project as we strive to overcome these obstacles and build a safer community for our citizens,” said Ling.

 

The Native Village of Dot Lake

The Native Village of Dot Lake is the Upper Tanana Athabascan Tribe, located on the Alaska Highway, 155 miles southeast of Fairbanks. Led by President Tracy Charles-Smith, the granddaughter of Village founder Doris Charles, the Village provides numerous programs for its 180 Tribal citizens, including the “Teejuh” Behavioral Health and Counseling Services and a Culture Camp that teaches youth about tradition, language, and songs. 

 

When discussing VAWA implementation with the Village, President Charles-Smith shared that the Village chose to participate in the APP to better protect its Tribal citizens and AN/AI people.

 

“Alaska Native people and communities have been at the mercy of state law enforcement officers and resources to protect and serve our communities, and we feel that our communities have suffered many injustices and abuse at the hands of local law enforcement,” said President Charles-Smith. “The Alaska Pilot Project will not only allow us to provide justice to our people but also to hold those outside of the Native communities responsible for the crimes and abuses they have inflicted on our communities.”

 

Currently, the Village is prioritizing reviewing and revising its existing codes and ordinances and drafting new ones in preparation for the implementation of VAWA and the APP. In addition, the Village is collaborating with the Chickaloon Native Village to assist with creating a robust law enforcement agency. Finally, the Village is reviewing and discussing upgrades to its existing Tribal courts and Tribal justice infrastructure. It is working with the Alaska Native Women’s Resource Center (AKNWRC) and the University of Alaska Fairbanks for training, technical assistance, and code review, drafting, and revision efforts.

 

Like Chickaloon, Dot Lake is facing challenges with implementation. The Village has encountered pushback from the state regarding expanding protections under VAWA. “Many state agencies do not want to recognize our Tribal sovereignty—we believe they view our sovereign rights as a threat,” said Charles-Smith. “We simply want to be able to govern our people in our traditional methods and provide a safe and healthy environment for our tribal members.”

 

“We simply want to be able to govern our people in our traditional methods and provide a safe and healthy environment for our tribal members.” —TRACY CHARLES-SMITH, PRESIDENT, THE DOT LAKE VILLAGE

 

For more information about VAWA implementation or the APP, please contact Rick A. Haskins-Garcia, AKNWRC Director of Law and Policy, at tribaljustice@aknwrc.org.

 

Two people, an adult and a child, wading into a lake surrounded by greenery on a sunny day. The adult is wearing a floral dress and the child is in colorful attire with a red life jacket.
Charlene Cleary and her granddaughter enjoying Jan Lake at Dot Lake Village Culture Camp. / Photo courtesy of Alan Faulkner of Dot Lake Village.