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Final Complete Dissertation Robertson UNIVERSITY OF CALIFORNIA Los Angeles Un-Settling Questions: The Construction of Indigeneity and Violence Against Native Women A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Women’s Studies by Kimberly Dawn Robertson 2012 © Copyright by Kimberly Dawn Robertson 2012 ABSTRACT OF THE DISSERTATION Un-Settling Questions: The Construction of Indigeneity and Violence Against Native Women by Kimberly Dawn Robertson Doctor of Philosophy in Women’s Studies University of California, Los Angeles, 2012 Professor Mishuana R. Goeman, Co-chair Professor Andrea Lee Smith, Co-chair There is growing recognition that violent crime victimization is pervasive in the lives of Native women, impacts the sovereignty of Native nations, and destroys Native communities. Numerous scholars, activists, and politicians have considered Congress’ findings that violent crimes committed against Native women are more prevalent than for all other populations in the United States. Unfortunately, however, relatively all of the attention given to this topic focuses on reservation or near-reservation communities despite the fact that at least 60% of Native peoples now reside in urban areas. In Un-Settling Questions: The Construction of Indigeneity and Violence Against Native Women, I posit that this oversight is intimately connected to the ii ways in which urban indigeneity has been and continues to be constructed, marginalized, and excluded by the settler state and Native peoples. Thus, heavily informed by Native feminisms, critical ethnic studies, and indigenous epistemologies, Un-Settling Questions addresses settler colonial framings of violence against Native women by decentering hegemonic narratives that position “reservation Indians” as the primary victims and perpetrators of said violence while centering an exploration of urban indigeneity in relation to this topic. I do so not to “fill a gap in the literature” but rather to analyze the ways in which particular Native peoples become figured as the objects of state attention while other Native peoples become eliminated, both figuratively and literally, through the processes of colonialism. To accomplish this task and formulate a theoretical praxis that articulates the intersections between marginalization, colonial spatialization, identity formation, biopolitics, and gendered violence, I arrange my dissertation to address three primary concerns: the multifaceted ways in which the United States has utilized a politics of location to facilitate the biopolitical management of Native peoples, the biopolitical nature of identity construction and regulation as it manifests in liberal legislative efforts directed at Native peoples, and indigenous employment of settler colonialist frameworks. Lastly, I apply a Native feminist analytic to the prevalence and conceptualization of violence against Native women in order to present the potential for such theorizations to alter our understanding of and fight against said violence. iii The dissertation of Kimberly Dawn Robertson is approved. DeAnna M. Rivera Juliet A. Williams Andrea Lee Smith, Committee Co-chair Mishuana R. Goeman, Committee Co-chair University of California, Los Angeles 2012 iv This dissertation is dedicated to all of the “madwomen” who have come before me, who walk alongside me, and who are yet to be born, but especially to my daughters Estella Faye and Farrah Marie. v TABLE OF CONTENTS Acknowledgements………………………………………………………………………………vii Biographical Sketch……...……………………………………………………………………...viii Introduction………………………………………………………………………………………..1 Chapter One Visible Violence: Marginalization and the South Dakota Coalition Against Domestic Violence and Sexual Assault…………………………………………………………….36 Chapter Two (Re)Locating Violence: Title IX of the Violence Against Women Act…………………74 Chapter Three Unidentified Bodies: The Tribal Law and Order Act………………………………..…116 Conclusion Unchartered Territory: Native Feminist Reconceptualizations………………………...158 Bibliography……………………………………………………………………………………171 vi ACKNOWLEDGEMENTS A number of people have been critical to the completion of this dissertation and to each of them I owe unending gratitude. First and foremost, I’d like to honor and thank the women who have experienced the violence I write about for it is their bodies, their spirits, their experiences, and their knowledges that drive this project. I’d also like to thank my committee members: Mishuana Goeman, Andy Smith, Juliet Williams, and DeAnna Rivera. Their guidance and support kept me motivated, focused, and challenged throughout the entire dissertating process. Likewise, Rebecca Hernandez-Rosser provided me with years of diligent mentoring and endless encouragement for which I will be forever grateful. Additionally, I’d like to thank the UCLA American Indian Studies Center, the UCLA Women’s Studies Department, the UCLA Center for the Study of Women, the UC Center for New Racial Studies, the UCLA Institute of American Cultures, the National Congress of American Indians, and the Muscogee Creek Nation for providing me with the opportunity and financial support to pursue my research interests. Above all, I’d like to thank my family, friends, and community for their endless love and patience throughout this process. In one way or another, each of them felt the intensity of my life as a graduate student and supported me along that path. In particular, my mother, Janet Eberhard, and mi hermana, Jenell Navarro, were steadfast in their conviction that I could finish this dissertation and their strength helped me through more moments than I can count. My partner in crime and love, Charles Ramos, refused to let me lose sight of my goals and dreams for even a moment and our children, Rio Ramos, Estella Burque, and Farrah Ramos served as my daily inspiration. To all of you and the many others I don’t have room to name here – Mvto. vii BIOGRAPHICAL SKETCH Kimberly Robertson was born in Bakersfield, California in 1978. She initiated her post- secondary education at the University of Northern Colorado where she completed her B.A. in English Language & Literature in 1999. She then obtained a M.A. in American Culture from the University of Michigan, Ann Arbor in 2001. In 2006, she began graduate work at the University of California, Los Angeles where she earned both a M.A. in American Indian Studies and a M.A. in Women’s Studies in 2008. Throughout the pursuit of her graduate degrees, Kimberly has also lectured at a number of different universities, including the University of California, Los Angeles; the University of California, Riverside; and California State University, Long Beach. Likewise, Kimberly has held a variety of other academic positions. For instance, she has served as the book review editor for the American Indian Culture and Research Journal, the assistant to UCLA’s Tribal Learning Community Educational Exchange program, and the graduate student researcher on UCLA’s InSight: Indigenous Youth, Digital Images, and Violence Prevention program. Kimberly has presented her research endeavors at a number of conferences and meetings throughout the United States. These include, but are not limited to, the American Studies Association conference, the Native American and Indigenous Studies Association conference, UCLA’s Race and Sovereignty Symposium, the Critical Ethnic Studies and the Future of Genocide conference, the National Women’s Studies Association conference, and the Indigenous Women’s symposium. In 2007, off our backs published her article “Globalization and the Politics of Breastfeeding” and in the fall of 2012 Wicazo Sa Review will be publishing her piece viii “Rerighting the Historical Record: Violence Against Native Women and the South Dakota Coalition Against Domestic Violence and Sexual Assault.” Kimberly’s research has been funded by a variety of entities. The most substantial benefactors have been UCLA’s American Indian Studies Center, UCLA’s Department of Women’s Studies, UCLA’s Institute of American Culture, the UC Center for New Racial Studies, the Muscogee Creek Nation, the National Congress of American Indians, and UCLA’s Center for the Study of Women. ix INTRODUCTION “Our voices rock the boat and perhaps the world. They are dangerous.” – Dian Million Violence against Native women is a problem of epidemic proportions that not only endangers the lives of individual Native women but also erodes the sovereignty of Native nations and impacts Native communities both on and off the reservation.1 Despite the fact that the roots of such violence can be traced back to the earliest moments of the colonization of Native peoples,2 only recently has the federal government acknowledged the severity of this issue. In 2005, after decades of Native anti-violence mobilization, Congress addressed the specificity of violence against Native women for the first time with Title IX, the Safety for Indian Women Title, of the reauthorization of the Violence Against Women Act (VAWA). Title IX presented findings that: violent crime victimization for Native women is higher than for all other populations in the United States; one out of every three Indian women will be raped in their lifetimes; three out of every four Indian women will be physically assaulted; Indian women are stalked at a rate more than double that of any other population; and during the period 1979 through 1992, homicide was the third leading cause of death of Indian females aged 15 to 34.3 Additionally, Title IX professed to clarify and honor the unique
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