2023-10-10 11:44:00
‘We stand with the victims’: The Navajo Nation has a sweeping new victim’s rights law – Shondiin Silversmith, Az Mirror via Source New Mexico
On the Navajo Nation, when an alleged perpetrator of domestic violence is released from detention, there is no guarantee that the victim will be notified promptly by tribal law officials.
Navajo Nation Council Delegate Amber Crotty said the issue became evident during the peak of COVID-19, when she heard from domestic violence victims regarding how their perpetrators had shown up on their doorstep without warning, leaving them terrified or traumatized.
But that is changing, thanks to the Navajo Nation Victim’s Rights Act of 2023a law that will provide victims of sexual assault and rape, domestic violence and other violent assaults with the protection and support they need as they wait for justice.
Navajo Nation President Buu Nygren signed the act into law on Sept. 6. It expands the rights of victims and their families and assures victims receive adequate support, proper notice and vital resources.
“This is a strong starting point to show the victims and their loved ones that we hear their voices, that we understand their concerns, and that we care as lawmakers and members of the communities in which these crimes are committed,” Crotty said in a press release announcing the passage of the legislation.
“We stand with the victims, families, and advocates who have fought for these amendments to our laws for far too long,” she added.
The new law clearly defines the meaning of a “victim” and “advocate.” It also clarifies what “without consent” means in relation to sexual assault and rape crimes, which has created barriers for many victims and families, according to the Navajo Nation Council.
“This is a critical step in the fight to provide more support and resources for our Navajo people, who are victimized and awaiting justice and healing,” Navajo Nation Council Speaker Crystalyne Curley said.
The new law also shows victims that they have rights on the Navajo Nation, Crotty said, and that they now have access to resources and advocates who will help them through the process.
For instance, if a victim needs help to obtain a police report for a protection order or help to work with the detention center to get an update on their case, this new act provides them the advocate service they would need to do so.
“If you were a victim of crime on the Navajo Nation, you should have a right to have that information,” Crotty said, adding that the new law guarantees victims some of these standard victim rights like the right to be notified of court proceedings or to be heard at sentencing their case.
Crotty sponsored the bill and carried it through the legislative process but noted that it resulted from a culmination of years of work among victim advocates, victims of crimes, multiple Indigenous-led organizations, law enforcement officials and tribal leaders.
“As leaders, we have to continue to do more to provide support for our people and to ensure that resources are available to enact and enforce these provisions,” Crotty said.
During the signingNygren shared that he has seen firsthand the impacts of living in an environment where domestic violence exists and how children have no control over what is happening.
He said that made it easy for him to sign this measure into law, because it will ensure that tribal leaders will continue to protect and be there for Navajo people who don’t have access to resources.
“People who didn’t have a voice have a voice now,” Nygren said.
Crotty said the next steps include working with the Navajo Nation Department of Justice, especially the office of the prosecutor, to build a response to the crimes impacting the Navajo Nation.
In addition, the new law includes language that spells out the rights of victims of sexual assault and rape, domestic violence and other violent assaults.
Here is a rundown of some new language introduced in the new law:
o To participate in the criminal justice system by being present and heard, which includes proceedings involving release, plea, sentencing, or any parole proceeding.
o To confer with the prosecution following the crime once morest the victim(s) has been charged, before the trial, or before any disposition of the case and to be informed of the disposition.
o To be provided information regarding the sentencing and imprisonment of the accused perpetrator and to read pre-sentence reports relating to the crime once morest the victims at the time such reports are available to the defendant(s).
o To provide a victim impact statement to the court, which the court is required to consider in making sentencing determinations and restoring k’é.To be notified of a perpetrator’s or the accused’s release not less than 24 hours prior to such release.
o To be timely notified of court proceedings.
o To be notified within less than 48 hours of the crime being reported of their rights and to be provided information relating to how the case will move forward and the services that are available to the victim.
o To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury and have restitution orders enforced.
o To be free of intimidation, harassment, abuse, and uninitiated contact from the accused or individuals in close relation to the accused.To request and utilize the services of an interpreter or translator if needed.
o To the presumption of the imposition of pre-trial release conditions in favor of protecting a victim, including but not limited to a stay-away order.
Preview of ‘Native America’ season 2 to screen at KiMo Theatre – Bryce Dix, KUNM News
A preview of PBS’ second season of “Native America” –– a series highlighting contemporary Indian country here in the U.S. –– is set to be screened October 10 at the KiMo Theatre.
The series will consist of 4 hour-long episodes, following innovation in space, women, athletes, and initiatives to save indigenous languages and culture.
According to a press release, the television series was created with active input from Native American communities and was filmed by Emmy Award-winning cinematographers.
The preview starts at 7 p.m. and will be followed by a moderated discussion with the filmmakers by Sean Spruce, host of the national radio program “Native America Calling.”
“Native America” premieres on Tuesdays, October 24 through November 14, 9:00-10:00 p.m. ET on PBS.
“Native America Calling” is a financial contributor of KUNM, and has been promoting the event on our airwaves. KUNM will also have a booth there.
Sunrise gatherings, dances and speeches mark celebration of culture on Indigenous Peoples Day – By Mark Thiessen And Morgan Lee Associated Press
Events across the country — including a sunrise gathering in Minneapolis, a statehouse rally in Maine, a celebratory march in Seattle and traditional dancing, music, and food in Alaska and Arizona — marked celebrations of Indigenous Peoples Day.
The ceremonies, speeches and performances in traditional regalia Monday came two years following President Joe Biden officially commemorated the day honoring “America’s first inhabitants and the Tribal Nations that continue to thrive today.”
At a gathering in Phoenix where dancers performed in traditional Aztec clothing, Sifa Matafahi said it was an opportunity to “pay respect to Indigenous cultures … to reflect on our past and history, while also acknowledging our cultural presence.”
A celebratory march was held in Seattle and a sunrise ceremony at Alcatraz Island in San Francisco. In Minnesota, regarding 150 people, including the governor and lieutenant governor, attended a sunrise prayer and ceremony at Bde Maka Ska, a lake surrounded by parkland on the south side of Minneapolis.
“Today, we recognize our ancestors and predecessors who really laid the foundation for us to stand,” said Thorne LaPointe, an organizer, who is Sicangu Lakota. “And we will always recognize our elders who are here and those who have gone on before us, who really kicked open the doors in their time, nationally and internationally.”
Seventeen states and Washington, D.C., have holidays honoring Indigenous people, according to the Pew Research Center. Many of them celebrate it on the second Monday of October, pivoting from a day long rooted in the celebration of explorer Christopher Columbus to one focused on the people whose lives and culture were forever changed by colonialism. Dozens of cities and school systems also now observe Indigenous Peoples Day.
“I think it just look a long time because we are Indigenous People — we always have to fight for recognition as we have been since the first ships arrived,” Matafahi said in an interview at the gathering in Phoenix.
In Augusta, Maine, several hundred people celebrated Indigenous Peoples Day by rallying outside the State House in support of a Nov. 7 statewide vote that would restore language regarding the state’s obligations to Native American tribes to printed versions of its constitution.
Maulian Bryant, Penobscot Nation ambassador and president of the Wabanaki Alliance, said once people understand the importance to Native Americans, they will support it like they did when towns, and then the state, enacted Indigenous Peoples Day.
Bryant recalled the successful grassroots conversations that took place regarding the legacy of Columbus, whose arrival brought violence, disease and suffering to Native Americans.
“We want to honor the true stewards of these lands,” she said.
In South Dakota, dozens of people marched to a memorial at a park honoring Native American children who died at the Rapid City Indian School in the late 1800s before it was closed in 1933.
Others who gathered in Anchorage, Alaska, said a celebration like the one there Monday would have been unheard of six decades ago.
Gina Ondola, a Dena’ina Athabascan, said she graduated from East Anchorage High School in 1962 with only four or five other Alaska Natives in her class and certainly no Indigenous culture club.
“We didn’t learn much regarding our history,” she said. Instead they were taught how white Europeans who came to North America were slaughtered by Native Americans.
“When I was growing up, I didn’t feel too much pride in being Native. I always heard regarding ‘drunk Natives,'” said Odola, who was wearing black gloves with red and white beadwork to represent her family’s colors.
“It feels good for me to be able to feel pride in who I am,” she said.
The Anchorage celebration included Alaska Native dance groups, traditional Alaska Native game demonstrations and a student wearing a “Molly of Denali” costume. The PBS show was the nation’s first children’s series to feature Indigenous leads.
Abigael Hollis, a freshman film student at the Institute of American Indian Arts, was among those who attended a powwow at a downtown plaza in Santa Fe, New Mexico. It brought together Native American dancing groups from throughout the state and beyond, as well as Native American jewelers, potters and weavers who sold artwork at outdoor stands.
“It’s celebrating the fact that my ancestors lived to have me, and that we’re still around and that we can celebrate each other and love each other,” said Hollis, who is of Cherokee ancestry and wore traditional dress, including a coming-of-age necklace made of buffalo bone and glass beads.
New Mexico, which is home to 23 federally recognized Native American communities, replaced Columbus Day with Indigenous Peoples Day through legislation in 2019.
The Santa Fe festival began with a blessing by dancers from nearby Tesuque Pueblo — an acknowledgement that the city stands on the pueblo’s ancestral lands, said Caren Gala, who heads the Santa Fe Indigenous Center and helped organize the powwow.
“We wanted to pay respect and homage to that — that this is their land,” said Gala, who is affiliated with three pueblos, Laguna, Taos and Nambé.
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Lee reported from Santa Fe, New Mexico. Associated Press writers David Sharp in Augusta, Maine, Mark Vancleave in Minneapolis and Scott Sonner in Reno, Nevada, and photographer Ross Franklin in Phoenix contributed to this report.
PNM settles disability discrimination lawsuit – KUNM News, Albuquerque Business First
The Public Service Company of New Mexico and PNMR Services Company, or PNM, is set to pay out $750,000 to settle an employment discrimination lawsuit.
The lawsuit was filed by the U.S. Equal Employment Opportunity Commission and charged PNM with disability discrimination, saying it didn’t accommodate qualified employees with disabilities, and even fired employees because of them.
The money will go towards back pay and damages for ten individuals.
A spokesperson for the company told Albuquerque Business First that PNM denies the allegations, but intends to do more to prevent discrimination.
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