A/HRC/36/46/Add.1
workers to the area has been a dramatic increase in violent crime, generally, and a notable
increase in trafficking of Native women and children.
58.
Unfortunately, due to the complex legal regime applied to criminal jurisdiction on
Indian lands, the Mandan, Hidatsa and Arikara Nation, like the majority of tribes in the
United States, has limited ability to prosecute non-Indian perpetrators of crimes on their
lands. In addition, the rapid pace of development quickly and critically overwhelmed the
tribe’s existing infrastructure, which was unable to provide law enforcement, victim support
and social services to keep pace with the increase in crime on the almost one-million acre
reservation. Many residents reported that they felt unsafe in their own homes. At the most
basic level, development took place without consideration of the unique communities at
Fort Berthold and created an unsafe and unstable environment for families on the
reservation.
59.
Sadly, this is a pattern that is being repeated in other indigenous communities. With
the launch of oil and gas exploration on their territories and evidence of trafficking of
Navajo women in and out of their communities, members of the Navajo Nation are deeply
concerned about the increase in sexual violence in their territories.
60.
While the trafficking of indigenous women and children is hardly a new
phenomenon, there is little recognition by public and private stakeholders about affirmative
actions that they can take to protect women in communities where energy development
catalyzes an increase in sexual violence. According to the preliminary findings of a study
funded by Department of Justice 29 that examined the spike in oil development in North
Dakota and Montana in relation to domestic and dating violence, sexual assault and
stalking, cities near the epicentre of the oil boom showed an increase in the average number
of domestic violence victims, with the Bakken region evidencing certain officially reported
offences at a rate that was significantly outpaced by population growth. Factors relating to
the oil industry that have contributed to the increase in sexual and gender-based violence
include the scarcity of affordable housing, the intensity of working hours followed by time
off for oil workers who often do not relocate with their families — which leads to
separation anxiety for the workers, their partners and the communities —, increased
availability of illicit drugs and increased demand for social services that are often unmet by
supply.
61.
The Special Rapporteur was informed by several interlocutors that oil and gas
leasing approvals issued by the Bureau of Indian Affairs do not adequately consider the
safety and welfare impacts of extractive industry projects on indigenous women and
children. A few minimum steps that corporations should take to ensure the safety of
communities in which they are operating would be to ensure that all their employees
comply with sex offender registration rules, to provide their workers with adequate housing
so as not to create “man camps” that are heavily associated with sex trafficking and illegal
prostitution, to provide verifiable addresses to law enforcement and emergency services and
to work with the tribes concerned to ensure that local capacity will not be unduly taxed by
the short-term influx of workers to the area. Taking these small steps would not only give
companies true social licence to operate, but would ultimately establish their conformity
with the Guiding Principles on Business and Human Rights.
62.
The establishment of mechanisms to adequately consider the social values and
socioeconomic status of indigenous communities, including the situation of women and
girls, would go a long way to increasing their long-term health and well-being. Even a
short-term spike in violence against women cuts against the strength and vitality of
indigenous communities. That, in turn, exacerbates the experience of historical trauma
within families cumulated in part as a result of the largely discriminatory policies of the
Government towards indigenous peoples since the first contact, and which, today, still
results in distrust of government initiatives. The federal Government and private companies
should recognize these patterns and integrate existing frameworks to consider the social
29
Dheeshana S. Jayasundara and others, “Exploratory research on the impact of the growing oil industry
in North Dakota and Montana on domestic violence, dating violence, sexual assault, and stalking: a
final overview”, University of North Dakota, November 2016.
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