V OLUME 10 Fall 2019 I SSUE 1 V IOLENCE AGAINST THE EARTH BEGETS VIOLENCE A GAINST WOMEN: 1 A N ANALYSIS OF THE CORRELATION BETWEEN LARGE E XTRACTION P ROJECTS AND M SSING AND M RDERED I DDIGENOUS WOMEN, AND THE LAWS THAT PERMIT THE P HENOMENON T RROUGH AN I TERNATIONAL H MAN R GHTS L ENS Summer Blaze Aubrey 2 This note examines the prevalence of sex trafficking of Native women and children, and the correlation those rates have with large extraction projects, such as the Bakken Oil Fields in North Dakota, and the camps (“man camps”) that employees live in. In order to fully flesh out the phenomenon accurately, this note walks through pertinent history and the Truth of the Native experience of colonization and genocide in the United States. Further, this note also examines the current laws and policies in the United States that perpetuate and exacerbate the Missing and Murdered Indigenous Women and Girls phenomenon.  Finally, it compares those laws and policies to international human rights standards, speaks to how the United States consistently falls short of international human rights standards, and how the issue can be remedied. V IOLENCE AGAINST THE EARTH BEGETS VIOLENCE AGAINST W MEN Fall 2019

Acknowledgments 3,4
It is essential to acknowledge the women that have compelled me to write this piece: Olivia Lone Bear (Three Affiliated Tribes of Fort Berthold), Robin Lynn Fox (Three Affiliated Tribes of Fort Berthold), Melissa Dawn Eagleshield, Jermain Charlo, Marion Jane Dexter, Mary Bercier, Teekah Lewis, Teresa Davis, Jacqueline Salyers (Puyallup), Dusti Grey, Patricia YellowRobe (Rocky Boy Chippewa-Cree), Sandra Smiscon (Yakama), Ashton Reyes (Tlingit), Nicole Westbrook (Navajo), Eveona Cortez (Blackfeet), Jennika Suazo, Heather Cameron (Grand Ronde), Jezzeille Murdock, Peggy Humber, Linda Hewitt, Nancy Brower, Sophie Sergie, Sandra Frye, Annie Mann, Vera Hapoff, Della Brown, Genevieve Tetpon, LoriDee Wilson (Yup’ik), Angeline Dundas, Almeda Old Crane (Crow), Dawn DeHerrera, Barbara Gonzales, Tess White (Ojibwe), Cari Black Elk-Cline, Alicia Jumping Eagle, Deziree Martinez, Jamie Wounded Arrow, Deborah Haudley, Nicole Joe, Jade Velasquez, Mia Henderson (Navajo), Colleen Lincoln, Vanessa Tsosie, Melissa Tsosie (Navajo), Terri Benally (Navajo), Kelly Watson (Navajo), Ryan Hoskie (Navajo), and many other women who have not been found, have been found but remain nameless, or have otherwise slipped through the cracks. In writing this piece, I hope that acknowledgment and education regarding Missing and Murdered Indigenous Women and Girls proliferates. We are still here. We matter.
I.
Introduction
Human trafficking 5 is an epidemic in the United States, with an estimated more than 400,000 people living in modern-day slavery. 6 However, this number does not correctly capture the rates at which Native women and children are trafficked because those statistics are not adequately recorded, if at all. 7 Additionally, the rates at which Native women and children are trafficked increase exponentially when Indigenous communities are near large extraction projects that require the use of camps to provide living accommodations for employees. 8 There are many factors that account for the disparate impact Indigenous communities and Native women and children experience regarding trafficking. Those factors cannot be fully fleshed out without acknowledging the damage that has been and continues to be done to Indigenous communities through colonization and blatant acts of genocide 9 . Remnants of a time that believed the salvation of Indigenous communities began with "kill[ing] the Indian, and sav[ing] the man",10 in tandem with an extreme othering 11 that lessened a perceived humanity of Native Peoples.  The influence of those laws, policies, and showed that only "116 of the 5,712 cases of murdered or missing Native women were logged into the Department of Justice's nationwide database." Additionally, "no research ha[s] been done on rates of violence among American Indian and Alaska Native women living in urban areas, even though 71 percent of them live there." Id. According to current data, Native women and children make up roughly 40% of all trafficked victims in the U.S. and Canada but only represent 10% or less of the population. There are also concerns of labor trafficking and trafficking of Native babies for adoption. Adoptive Couple v. Baby Girl , 570 U.S. 637 (2013) is a point of contention in the community. Liza Kane-Hartnett, Trafficking in Tribal Nations: the Impact of Sex Trafficking on Native Americans , Human Trafficking Search (Jan. 22, 2018), http://humantraffickingsearch .org /traffickingofnativeamericans/. 8 Kane-Hartnett, supra note 7. 9 Genocide is defined as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group." Office of the UN Special Advisor on the Prevention of Genocide (OSAPG), Analysis Framework , https://www.un.org/ar/preventgenocide/adviser/pdf/osapg_ analysis_framework.pdf (last visited Nov. 12, 2019). Genocide has been and continues to be a fact attitudes continue to directly impact Indigenous communities today. As a result, the United States falls short of adhering to international human rights standards. This note is s separated into four sections. Section one includes a synopsis of the pertinent background and definitions. Section two includes case studies and examples. Section three includes the U.S. law that contributes to the Missing and Murdered Indigenous Women and Girls phenomenon and pertinent human rights law and standards. Section four includes recommendations and conclusions regarding the Missing and Murdered Indigenous Women and Girls phenomenon.
II.
Background
A.
Violence Against the Earth
This note concentrates primarily on the oil and gas projects that have extreme ramifications on the environment in which they are built. Pipelines that carry gas and oil are hazardous, not only to the environment, but also to those that inhabit the areas surrounding them. Pipelines are generally made of steel or plastic, can be more than 40 inches in diameter, are generally buried underground, and can cross under rivers. 12 Currently, there are roughly "2.7 million miles of oil, gas, and other hazardous liquids pipelines across the United States." 13 Additionally, pipelines are only designed to last roughly 50 years with routine maintenance, and nearly half of all pipelines that exist now were built between the 50s and 70s. 14 As a result, many pipelines are entering the end of their design life. 15 Between the years 1986 and 2013, "there were nearly 8,000 'significant' pipeline spill, fire, and explosion incidents." 16 Those incidents caused "more than 500 deaths, 2,300 injuries, and nearly $7 billion in damage." 17 However, it is not only the older pipelines that are failing. Newer pipelines are failing at similar rates because pipelines are not being monitored and inspected as needed. 18 Newer pipelines are not being inspected as they should because there are only roughly 530 state and federal pipeline inspectors nationwide. 19 A compounding factor is that only "about 50% of oil and liquids pipelines and 10% of gas pipelines are subject to federal management guidelines for inspections and repairs." 20 Consequently, many operating companies create and follow their own standards. 21 20 Id. Environmental damage is widespread and often far worse than foreseen. Pipelines can pollute the air, water, soil, and the entire climate when they leak. 22 Additionally, pipelines that run under bodies of water are more susceptible to breaks and leaks due to the weight after heavy rain and floods. 23 As a result, pipelines that run under or near water are even more dangerous for the environment  and  those  that  depend  on  those  bodies  of  water. As a side note, the Marcellus Shale region will lose roughly 60,000-150,000 acres of forest due to clear-cutting for pipeline development. 24 Pipelines, fracking, and other large extraction projects similar in nature can, and often do, destroy the environment in unforeseen ways and in some instances, in irreparable ways. Those that live in these areas become collateral damage.
B.
Colonization, Genocide, and Today
The history Native Peoples have experienced with colonization is a significant factor that must be discussed when issues such as trafficking arise within the community. First, colonization 25 of North America began in the late 1400s to mid-1500s with the Spaniards claiming the region and the French building a colony in Florida. 26 Children of the United States are taught many things regarding colonization in elementary, middle, and even high schools regarding the matter; 27 however, they are not taught that the process of colonization has and continues to result in genocide of Indigenous Peoples. As a result, colonization for Indigenous Peoples has been and continues to be a nightmare for which there is no escape, and there is no waking. Prior to colonization, an estimated over 10 million Native Americans lived within what is now the U.S. 28 Around 1900, roughly less than 300,000 Native Americans were living within what is now the U.S. 29 Disease played a large role in the decline of the Native population; however, many believe that illness was part of being introduced to new people and animals. That is not the case. There are documented instances of purposeful dispersion of ‘smallpox blankets.’ 30 An example of such occurrences is when Sir Jeffrey Amherst, commander-in-chief of British forces in North America, wrote to Colonel Henry Bouquet at Fort Pitt: 'You will do well to try to inoculate the Indians [with smallpox] by means of blankets, as well as to try every other method, that can serve to extirpate this execrable race.’31 Settlers knew that the blankets that previously belonged to smallpox patients were contagious and gave them to Natives purposefully. Additionally, as more settlers came to the ‘new frontier,’ “ranging” 32 became routine practice in the late 1600s. 33 Initially, fulfilling bounties for murdered Natives was done by severing their heads and "cashing them in" to colonial officials during the Pequot War. 34 Later, scalps became the proof to fulfill the bounties because they were "more portable in large numbers." 35 By the mid-1670s, hunting for scalps was a routine practice. 36 Settler authorities encouraged settlers to "take off on their own or with a few others to gather scalps, at random, for the reward money." 37 "Moreover, 'in the process . . . they established the large-scale privatization of war within American frontier communities.'" 38 The term 'redskins' was coined to refer to "mutilated and bloody corpses . .  left in the wake of scalp hunts" 39 and the scalps themselves. 40 Settlers hunted 41 Natives to establish dominance, gain land, make money, and ultimately, to eliminate Natives from the "new frontier." Hunting never ended; 42 it only evolved. The Indian Boarding School Policy began in 1869 as a result of the Indian Civilization Act Fund, 43 the Peace Policy of 1869, 44 and the "urging of several denominations of the Christian Church." 45 Boarding schools were "expressly intended to implement cultural genocide through the removal and reprogramming of American Indian and Alaska Native children to accomplish the systematic destruction of Native cultures and communities." 46 General Richard Henry Pratt spearheaded boarding schools and opened the most notorious one of all: the Carlisle Indian Industrial School. 47 His only goal in mind was to "kill the Indian…., and save the man." 48 Atrocities at t the boarding schools ensued. By 1926, "nearly 83% of Indian school-age children were attending boarding schools."' 49 At these boarding schools, Native children were "punished for speaking their native language, banned from acting in any way that might be seen to represent traditional or cultural practices, stripped of traditional clothing, hair and personal belongings and behaviors reflective of their native culture." 50 Abuse and even torture were rampant. 51 Irene Mack Pyawasit recalls her experience at the Menominee Reservation boarding school: The government employees that they put into the schools had families but still there were an awful lot of Indian girls turning up pregnant. Because the employees were having a lot of fun, and they would force a girl into a situation, and the girl wouldn’t always be believed. Then, because she came up pregnant, she would be sent home in disgrace. Some boy would be blamed for it, never the government employee. He was always scot-free. And no matter what the girl said, she was never believed. 52 Many children never made it home, and there is no account as to why. 53 Soon after, Native children began being stolen from their homes and families. In the late 1800s, the Allotment Era created reservations to segregate Natives from settlers, but it primarily provided a "laboratory for teaching Indians the virtues of agriculture and civilization." 54 The separation and experimentation that ensued was a result of the General Allotment Act of 1887. 55 The Act allows for the U.S. Government to separate segments of reservations and "allot the land in said reservation in severalty to any Indian located thereon." 56 The sole purpose of the Act was to assimilate Natives and eventually abolish reservations. 57 Termination and relocation occurred in the mid-1900s. 58 Congress's goal was to sell the land inhabited by Natives and relocate them to urban areas to promote assimilation. 59 This tactic was used as a weapon: "Nothing else that Congress can do causes [T]ribal members to lose more of their rights than termination. Termination is the ultimate weapon of Congress and ultimate fear of [T]ribes." 60 In 1975, the Indian Self-Determination and Education Assistance Act was passed. 61 Even so, the Indian Child Welfare Act was not passed until 1978. 62 Although Congress seemed to be stepping in the right direction, Native children continued to be forcibly removed from their homes. 63 That trend continues today.  Currently, Native children are placed in foster care at a "rate 2.7 times greater than their proportion in the general population." 64 As a result, there is a lack of Native families available to foster children; therefore, non-Native families are fostering and adopting Native children exponentially. 65 The history of Natives and the genocide that has and continues to occur is exemplified through the persistent othering in today's culture. Native mascots that are meant to "honor" Native heritage are blatantly racist. 66 However, when Natives express that these mascots are disrespectful, they are publicly ridiculed for "all of a sudden having a problem and partaking in the political correctness movement." Additionally, Natives are still widely used as a popular Halloween costume.  Non-Natives dress in "traditional" Native clothing and stolen regalia to be "sexy" and further fetishize a people that are still here. In doing so, every single person that partakes contributes to the further othering of Natives and promotes stereotypes and myths that are incredibly damaging. Those stereotypes and myths proliferate through law, policy, and general perception, and they directly contribute to the Missing and Murdered Indigenous Women and Girls phenomenon. It is easy to rape and murder those that are lesser.
C.
Trafficking Generally
Trafficking is defined as "the recruitment, harboring, transportation, provision, or obtaining of a person or services, through the use of force, fraud or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage or slavery.”67 Three elements must be apparent to show that trafficking has occurred: action, means, and purpose. 68 Occurrences that show action are, "recruiting, harboring, transporting, providing, or obtaining of an individual," and "patronizing, soliciting, and advertising an individual." 69 Means includes "force, fraud, or coercion." 70 Force is generally easier to show due to the apparent signs of such action, but fraud and coercion are significantly harder to show. 71 The latter includes "false promises of work/living conditions, withholding promised wages, or contract fraud," and "threats of harm to self or others, debt bondage, psychological manipulation, or document confiscation," 72 with a purpose that is either for "compelled labor or services or commercial sex act(s)." 73 However, not all of these elements have to be demonstrated when victims are under the age of 18.74 Human traffickers partake in the industry due to a cost-benefit analysis that places them at a low risk of detection and potential prosecution. 75 Factors that contribute to the low cost of trafficking include: "lack of government and law enforcement training, low community awareness, ineffective or unused laws, lack of law enforcement investigation, scarce resources for victims' recovery services, and social blaming of victims. 76 Even so, the largest factor contributing to the low-cost analysis are the extremely high profits gained from individuals willing to contribute to these industries. 77
D.
Man Camps
"Man camps" are temporary housing provided to employees of large extraction projects. 78 The term "man camp" is popular and most fitting because men are employed, and their housing closely resembles camps. Due to the temporary nature of the structures, the camps are often left abandoned once the work is complete. Man camps are situated near the extraction projects that employ them. This is important because many men are away from their families and loved ones with free time, large amounts of money, and little entertainment to fill that free time. 79 As a result, these men commit crime and prey upon local Indigenous communities. 80 For example, in 2012, Tribal police on the Fort Berthold Reservation "reported more murders, fatal accidents, sexual assaults, domestic disputes, drug busts, gun threats, and human trafficking cases than any year before" as a direct result of an "influx of non-Indian oil workers."81 Complex jurisdictional issues between federal, state, and Tribal governments exacerbate the problem of man camps.  Additionally, Tribal police departments are often underfunded and lack resources to combat increased crime stemming from the man camps even when it is clear that they have the authority to pursue the perpetrators. 82  Unfortunately, the residents of the man camps are well aware of the situation.  An anonymous man that was interviewed about the issues regarding extraction projects, man camps, and trafficking of Native women and children said, "You can do anything short of killing somebody."83 Many men refer to Indian reservations as "the Wild West." 84 Those sentiments, along with the pervasive jurisdictional issues, promote the horrible treatment of Native women, children, and Indigenous communities.
E.
Trafficking in the Context of Natives
Statistics regarding the rates at which Native women and children are trafficked are lacking at best. Records are either poorly kept or not kept at all. 85 Furthermore, there are issues with general population statistics because they are not desegregated 86 and because of the inaccurate reliance on the appearance of indigeneity. 87 When statistics are kept, no data is collected as to whether victims are Native American. 88 However, the available statistics show that Native women are 2.5 times more likely to be raped than any other population. 89 Additionally, "96 percent of reported cases are perpetrated by non-Natives." 90 Native women are victimized at much higher rates than other populations, and the rates at which the perpetrator is non-Native is telling. It shows that those acts of blatant colonialism and genocide are still prevalent today. Unfortunately, tools and methods are available to collect data regarding trafficking and Native women, but those that have the ability to do so "balked at being required to provide data on American Indians." 91 Consequently, it is challenging to justify awarded grants and difficult to track whether those grants are actually helping the population intended. 92 Even so, Tribes are reporting that "prostitution and human trafficking on reservations and Native-owned business" are increasing, but they do not provide numbers, so the incremental increase is unknown. 93 Without data, Missing and Murdered Indigenous Women and Girls will continually be thrown to the wayside.
III.
Case Studies
This note includes a several small case studies to show the prevalence of sex trafficking of Native women and children, especially in relation to large extraction projects. Doing so also gives a voice to those that are missing and brings awareness to the issues directly. Additionally, the absence of data calls for, at least in part, anecdotal evidence because the experiences that have been expressed are the only account in many cases of what is actually occurring in Indian Country 94 and Native communities. Unfortunately, there is a copious amount of anecdotal evidence because many Natives turn to the internet to find their loved ones rather than the government or authorities. 95
A.
Bakken Oil Fields
Over 35 corporations extract oil on the Fort Berthold Reservation in North Dakota. 96 These extraction projects have brought over 100,000 men, who reside in man camps, as employees. 97 As a result, crime has skyrocketed, with a 10% increase in 2015. 98 Areas surrounding the man camps, primarily the Fort Berthold Reservation, "now have some of the highest rates of sex trafficking in the United States."99 As a result, Tribal police are overwhelmed and do not have the resources to keep surveillance on the man camps at all times. 100 However, when Natives are missing, especially children, the man camps are the first place they look. 101 Grace Her Many Horses, Police Captain on the Fort Berthold Reservation and former Rosebud Sioux Tribal Police Chief, spoke about a 15-year-old boy that went missing and was found in one of the man camps with one of the oil workers. 102 She stated that the workers "were passing him around from trailer to trailer." 103 Similarly, the Tribal police found a 4-year- old girl running down a road beside a man camp while naked and crying. 104 Upon further investigation of those residing at the man camp, the Tribal police found 13 sex offenders in the same camp where the girl was found. 105
B.
Lake Superior, Minnesota
At alarming rates, Dakota and Ojibwe women in Minnesota have been trafficked from their reservations onto boats in Duluth, a port city, and sold to ships' crews and forced to remain onboard for months in international waters. 106 Ships are used to traffic Native women, children, and, in some cases, babies for both crews of the ships and as a delivery service to man camps working on large extraction projects. 107
C.
Enbridge Line 3 Pipeline
The Environmental Impact Statement (EIS) refers to the impact new pipelines, along with the necessary man camps, could have on Native women and children and discusses trafficking specifically. 108 The EIS states: Concerns have been raised regarding the link between an influx of temporary workers and the potential for an associated increase in sex trafficking, which is well documented, particularly among Native populations. . . . The addition of a temporary, cash-rich workforce increases the likelihood that sex trafficking or sexual abuse will occur. Additionally, rural areas often do not have the resources necessary to detect and prevent these activities. . . . To address the potential for sexual abuse or sex trafficking, Enbridge can fund or prepare and implement an education plan or awareness campaign around this issue with the companies and subcontractors it hires to construct, restore and operate the pipeline. Enbridge can also provide funding to local and [T]ribal law enforcement to identify and stop sex trafficking. The impact statement glosses over the issue and offers to address the issues with educational campaigns and funding to Tribal law enforcement. 109 The EIS does not state where those funds would come from or how educational campaigns could be implemented. 110
D.
Dakota Access Pipeline
All along the route of the Dakota Access Pipeline, there were instances of trafficking of Native women and children, and of employees or supervisors using victims of trafficking as bargaining chips to build the pipeline more quietly. 111 In Lee County, Iowa, "an agent of the Texas pipeline company was alleged to have offered a farmer [sic] who did not want the pipeline crossing his land [sic] sex with two teenage girls." The farmer recorded the conversation. 112 Further, in another Iowa county, a Native mother and daughter were protesting the pipeline "when a worker in a truck stopped and yelled, 'How much for the girl?'"113 These instances are not new to Natives. They have become an unfortunate way of life. Extraction projects, and other associated projects bring horrible consequences to Native women and children, and it is being glossed over for the most part.
IV.
Relevant Law and Consequences
A.
Laws and Policies Governing Large Extraction Projects
Many of the extraction projects are contracted to contractors that are specialized in government projects. Contractors are subject to certain restrictions and requirements to be working the project at all, especially when Native Peoples are involved. 114 Unfortunately, consultation, consent, and other mechanisms to ensure that Native people and Indigenous communities are not disparately impacted do not apply when federal Tribal recognition 115 is absent. 116 There are specific standards that contractors must meet when bidding for federal contracts. Those standards set an extremely low bar and include criteria such as "hav[ing] adequate financial resources to perform the contract." 117 However, the contractor must "have a satisfactory record of integrity and business ethics." 118 Generally, a superficial code of business ethics and conduct is not enough when fulfilling the requirements of F.A.R. 3.1002 (Contractor Code of Business Ethics and Conduct) (“Code”). 119 3.1002 states, "government contractors must conduct themselves with the highest degree of integrity and honesty." 120 In order to fulfill that requirement, contractors must have a written code of business ethics and conduct, 121 an employee training program, and an internal control system. 122 The internal control system requires that it be suitable to both the size of the company and "its involvement in Government contracting," 123 "facilitate timely discovery and disclosure of improper conduct in connection with Government [sic] contracts," 124 and ensure that there are corrective measures that are instituted and carried out promptly. 125 Unfortunately, these are some of the only mentions of the requirements of contractors and their employees regarding their ethical actions. As a result, accountability for unethical actions by both employees and employers will probably not be addressed adequately within the company. The Contractor Code of Business Ethics and Conduct is exceptionally vague. Vagueness only insulates those that are willing to take advantage of it. Although a code of ethics is a step in the right direction, Natives cannot count on companies to hold themselves accountable. Additionally, the Code does not speak to any enforcement mechanisms whatsoever. Lack of enforcement only adds fuel to the notion that Natives cannot count on construction companies and contractors to act ethically in their communities.
B.
Vetting Employees and Rates of Sex Offenders Currently Employed
The employment of sex offenders on extraction projects, due to their living arrangements in man camps on or near Indigenous communities and Indian Country, increases the risk of trafficking of Native women and children exponentially. 126 However, gaps are present in current government background checks regarding sex offender notifications because there is "no agencywide [sic] policy except in limited cases of national security concerns." 127 A prominent example that exposed this loophole occurred in 2012 at the General Services Administration (GSA). 128 The employee had worked for the GSA for four years before he was arrested for "downloading child pornography on his home computer" of girls aged 10-15. 129 The employee had registered as a sex offender in Virginia but worked in the District of Columbia. 130 As a result, the GSA did not learn the employee was a sex offender until late 2013, more than 13 months after his conviction. 131 This is the loophole: unless an employee works at a school or daycare facility, they do not have to notify their employer that they are a sex offender. 132 Likewise, "local law enforcement doesn't notify businesses or government entities outside the state where the crime occurred" of a person's sex offender status. 133 The loophole only requires that the offender leave the state in which the crime occurred. Then the offender is both complying with the law and undermining the registry at the same time. 134 Additionally, employers are not required to look at registries because "they don't have a legal duty to be aware that a worker is on the list." 135 In some instances, state law prohibits using the registry to make hiring decisions. 136 This is the case in California, and a $25,000 fine can be imposed if the registry is consulted for hiring purposes. 137 Consequences of the lack of reciprocity concerning the registry can be dire. Recidivism rates show that 27% of offenders re-offend over a 20-year period. 138 Furthermore, 76% of offenders who were convicted of an internet- related crime against a child "also confessed to a contact crime with a minor that was never caught by law enforcement." 139 The likelihood of recidivism is high with this population of offenders, and that is only exacerbated when they have access to any vulnerable populations, not just children in schools or daycare. When sex offenders are hired onto extraction projects and reside within man camps, they are put in a position with little to no consequences for re-offending.
C.
Federal Indian Law and Tribal Jurisdictions
This history is extremely brief and is only to show a glimpse of the foundation that is at play regarding the interworking of Federal Indian Law and Missing and Murdered Indigenous Women and Girls. The United States Supreme Court has increasingly eroded both Tribal Sovereignty and the trust relationship held between Federally Recognized Tribes and the United States Government. The Marshall Trilogy140 established aboriginal title, barring Natives from selling their land to any entity other than the United States; solidified Congress' plenary power over Native Nations; 141 established that Native Nations are dependent domestic nations; 142 and established that states could not enforce any law within Indian Country. 143 These cases were the first to subjugate Natives to the U.S. Government and forever hold Natives under their thumb. Next, the Major Crimes Act 144 came as the result of Ex parte Crow Dog , 145 which held that there was no federal criminal jurisdiction over Indian-on- Indian crime in Indian Country. 146 Resulting litigation concerning the Major Crimes Act held that Congress has generalized interests to maintain order in Indian Country and protect Natives from the states. 147 Then, in litigation involving allotment, the Court held that there is a presumption that Congress is acting in good faith when acting on behalf of a Tribe. 148 Furthermore, Alaskan Natives do not have vested property rights, and the taking of that property is not subject to the Fifth Amendment Takings and Just Compensation Clause. 149
The General Crimes Act and the Major Crimes Act
D.
The General Crimes Act 150 was passed in 1817. 151 The Act granted federal criminal jurisdiction over crimes committed in Indian Country in which non- Indians are the perpetrators of crime against Indians. 152 Additionally, the Act also applies to an Indian perpetrator against a non-Indian if the crime falls outside of the Major Crimes Act, and the offender has not been punished by the Tribe. 153 Crimes that are covered by the Act include arson, assault, maiming, theft, receiving stolen property, murder, manslaughter, and sexual offenses. 154 Furthermore, the Assimilative Crimes Act 155 was applied to Indian Country via the General Crimes Act and allows the federal government to use state law where federal law is lacking regarding a crime. However, the General Crimes Act does not apply to Indian-on-Indian crime; that is any crime which an Indian perpetrates against another Indian in Indian Country and has been punished by the Tribe, and where treaties have granted jurisdiction to the Tribe exclusively. 156 The Major Crimes Act was passed in 1885 and covers seven crimes: murder, manslaughter, rape, assault with intent to kill, arson, burglary, and larceny. 157 This Act granted the U.S. Government jurisdiction over Indian-on- Indian crime, but it did not extend jurisdiction to the states. 158 These two Acts together created concurrent jurisdiction with Tribal Governments. In doing so, Tribal Governments have concurrent jurisdiction for Indian-on-Indian 159 crime involving murder, manslaughter, kidnapping, maiming, sexual abuse under Ch. 109-A, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, assault on a person less than 16 years old, felony child abuse or neglect, arson, burglary, robbery, and theft under 18 U.S.C. §661.160 Additionally, Tribes have concurrent jurisdiction over Indian and non- Indian crime involving the same crimes previously mentioned. 161 However, non- Indian on Indian crime falls under federal jurisdiction for "all federal crimes which apply to the 'special maritime and territorial jurisdiction of the United States under the U.S. Code,'" and any remaining crimes that are contained in state code where there is no federal statute. 162 Furthermore, Oliphant v. Suquamish Indian Tribe 163 eliminated Tribal criminal jurisdiction over non-Indians perpetrators. Oliphant limits Tribes' punishment of non-Indians. 164 As a result, the Tribe cannot prosecute many crimes. 165 The most troubling is that Tribes do not have any jurisdiction over non-Indian perpetrated crime in Indian Country absent a delegation of such power from Congress. Again, 96% of Native women that experience sexual violence were abused by a non-Native. 166
E.
VAWA
The Violence Against Women Act (VAWA) was first enacted in 1994 and has been reauthorized three times, with the latest being 2013. 167 VAWA "sought to improve criminal justice and community-based responses to domestic violence, dating violence, sexual assault and stalking in the United States." 168 VAWA is pivotal in Indian Country because it gave Tribes the ability to prosecute particular crimes concerning domestic violence. 169 VAWA 2013 "recognize[d] Tribes' inherent power to exercise 'special domestic violence criminal jurisdiction' (SDVCJ) over individual defendants, regardless of their Indian or non-Indian status, who commit acts of domestic violence or violate specific protection orders in Indian [C]ountry." 170 As a result, Tribes were able to begin prosecuting non-Indian abusers for domestic violence, dating violence, and criminal violations of protection orders in March 2015.171 Unfortunately, the types of crimes that VAWA 2013 does not give Tribes authority to prosecute include crimes outside of Indian Country, crimes between two non-Indians, crimes (even sexual assault) between two strangers, "crimes committed by a person who lacks sufficient ties to the [T]ribe, such as living or working on its reservation," and child or elder abuse that does not involve a violation of a protection order. 172 The restrictions in VAWA 2013 provide for massive loopholes in attempting to remedy Missing and Murdered Indigenous Women and Girls issues because the Act prevents the prosecution of crime perpetrated by strangers or sexual assault. 173 In order to participate in VAWA and SDVCJ, a participating Tribe must protect defendants' rights in specific ways. A Tribe must protect the rights of defendants under the Indian Civil Rights Act (ICRA), 174 protect rights described in the Tribal Law and Order Act (TLOA), 175 provide a "fair cross-section of the community in jury pools" and not "systematically exclude non-Indians," and must inform defendants that they have the right to federal habeas corpus petitions. 176 Plainly, defendants must be provided with, as required by either TLOA and/or VAWA: 1. “Effective assistance of counsel equal to at least that guaranteed in the U.S. Constitution." 177 2. Counsel "licensed to practice by any jurisdiction" in the U.S. at the Tribal Government's expense. 178 3. Counsel that is "licensed by a jurisdiction that applies appropriate licensing standards and effectively ensures the competence and professional responsibility of its licensed attorneys." 179 4. enhanced sentencing/ non-Indian defendants have sufficient legal training to preside over criminal trials." 180 5. Judges that preside "over criminal proceedings subject to enhanced sentencing/ non-Indian defendants are licensed to practice law by any jurisdiction in the United States."181 “The [T]ribe’s criminal law, rules of evidence, and rules of 6. criminal procedure [] made available to the public prior to charging the defendant." 182 7. A "Tribal court [that] maintains a record of the criminal proceeding, including an audio or other recording." 183 A facility that passes “the BIA jail standards for long-term 8. incarceration" for defendants sentenced to "greater than 1-year imprisonment." 184 9. The right to a trial by an impartial jury provided by Tribal court. 185 10. A jury pool that "reflects a fair cross section of the community" ensured by Tribal court. 186 184 Id. 185 Id. 11.  A jury that is "drawn from sources that do not systematically exclude any distinctive group in the community, including non- Indians," and ensured by Tribal court. 187 12. Timely notification of defendants' rights and responsibilities when detained under SDVCJ. 188 13.  A notification that the defendant has the right to "file 'a petition for a writ of habeas corpus in a court of the United States.''' 189 14. A Tribal court that ensures that '''all other rights whose protection is necessary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating Tribe to exercise [SDVCJ] over the defendant' are provided." 190 15.  A Tribal court that ensures '''all applicable rights under the [SDVCJ] provisions' are provided." 191 As shown, these three Acts are significantly intertwined. Tribes practicing SDVCJ must protect rights according to all three, but in order to even be eligible to prosecute the defendant, Tribes must also meet requirements laid out in the three Acts. Defendants, pursuant to TLOA, must: "either (1) previously have been convicted of same or comparable offense by any jurisdiction in [the] U.S.; or (2) is being prosecuted for a "felony" (an offense that would be punishable by more. than 1 year imprisonment if prosecuted by [the] U.S. or any of the States)." 192 Additionally, under VAWA, defendants may "be prosecuted for either (1) domestic violence, (2) dating violence, or (3) violation of a protection order." 193 Although VAWA 2013 is a step in the right direction regarding Tribal Sovereignty and the ability to address domestic violence of Native women, it is an arduous process and is often tricky for Native Nations to meet the requirements to participate. 194 As a result, only 18 Tribes 195 have implemented VAWA out of 573 that could implement it if they met the requirements. 196 To meet the requirements, many Native Nations had to "rewrite large portions of their Tribal code or amend their constitutions to comply with the statute." 197 Additionally, several Nations had to "build or contract for additional services – such as counsel for indigent defendants – that either did not exist or the Tribe could not easily expand to non- Indian defendants." 198 Other changes were required as well, but the "process required significant time and resources on the part of the [T]ribe." 199 Unfortunately, in February of 2019, VAWA was not extended and was allowed to lapse. 200 The funding bill that was passed did not include a reauthorization of VAWA because Democrats have expressed interest in a plan to completely overhaul the legislation in the near future. 201 However, a Democratic aid stated that we should expect a full re-authorization to be introduced sometime. in March and stated further that there would be "no impact" to those that are affected most by the Act in the face of the lapse. 202 Seemingly, only funding to Native Nations to assist with the implementation of VAWA is at play. Jurisdiction will not lapse. 203 Lack of funding for Native Nations to implement VAWA is nothing new. Congress authorized $25 million to Nations in the form of grants for the years 2014-2018 to help ease costs of implementing VAWA. 204 Unfortunately, those funds have yet to be appropriated. 205 Tulalip Tribes in Washington, the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) in Oregon, The Assiniboine and Sioux Tribe of the Fort Peck Indian Reservation in Montana, the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation in North and South Dakota, the Little Traverse Bay Band of Odawa Indians in Michigan, the Alabama-Coushatta Tribe of Texas, the Choctaw Nation in Oklahoma, the Eastern Band of Cherokee Indians in North Carolina, the Seminole Nation in Oklahoma, the Sac and Fox Nation in Oklahoma, the Kickapoo Tribe of Oklahoma, the Nottawaseppi Huron Band of Potawatomi in Michigan, the Muscogee (Creek) Nation in Oklahoma, the Standing Rock Sioux Tribe in North and South Dakota, the Sault Ste. Marie Tribe of Chippewa in Michigan, the Chitimacha Tribe of Louisiana, and the Lower Elwha Klallam Tribe in Washington. Id. 196 Federal and State Recognized Tribes, NAT'L Conference of State Legislatures, http://www.ncsl.org/research/state-tribal-institute/list-of-federal-and-state-recognized-tribes.aspx (last visited Jan. 3, 2019). i97 NAT'L CONG. OF AM. INDIANS, VAWA 2013'S SPECIAL DOMESTIC VIOLENCE CRIMINAL Jurisdiction (SDVCJ) Five-Year Report 5 (2018) http://www.ncai.org/resources/ncai- publications/SDVCJ_5_year_Report.pdf. VAWA is one of the single most important pieces of legislation in recent history to combat Missing and Murdered Indigenous Women and Girls. Even so, there are many improvements still needed. The most significant changes would close loopholes that allow a lapse in jurisdiction for stranger sexual violence and abuse against children. Now with more awareness regarding the Missing and Murdered Indigenous Women and Girls phenomenon, it seems as though some of those loopholes that are the most dangerous may be fixed by the overhaul of the Act.
F.
Comparative View with International Standards 206
The United States has a poor record of adhering to international human rights standards. Even so, there are three main international mechanisms that apply to the United States: the International Labor Organization (ILO); the Inter- American Commission on Human Rights (IACHR); and some of the United Nations (U.N.) Treaty Bodies. However, generally, if a State 207 has not consented or ratified a treaty or jurisdiction, the State is not beholden to those specific standards outlined in the unratified treaties or jurisdictions. This sub-section walks through the three bodies that the United States participates in and pulls at various conventions, treaties, and notions that are applicable to the United States and the Missing and Murdered Indigenous Women and Girls phenomenon.
1. International Labor Organization
The International Labor Organization (ILO) has existed since 1919. 208 The mission of the ILO is to bring together "governments, employers and workers of 187 member states, to set labour standards, develop policies and devise programmes promoting decent work for all women and men." 209 The United States joined the ILO in 1934, which at that time was a sub-organization of the League of Nations. 210 To date, the United States has ratified 12 Conventions of the ILO. 211 However, only two are relevant to trafficking and Missing and Murdered Indigenous Women and Girls. The two conventions are C105, 212 Abolition of Forced Labour, and C182, 213 Worst Forms of Child Labour. These conventions speak directly to the trafficking of women and children, but they do not speak directly towards Native people and Indigenous communities. Articles 1 and 2 of C105 require that the member State should "undertake[] [the responsibility] to suppress and not make use of any form of forced or compulsory labour . . . (e) as a means of racial, social, national or religious discrimination." 214 The correlation between extraction projects and the trafficking of Native women and children arguably fit under these provisions of C105 because the United States is not taking the proper action to suppress forced and compulsory sex work, or sex trafficking of Native women and children. The purposeful ambiguities and lack of Tribal jurisdiction, lack of funding to Tribal police departments, and lack of continuity regarding sex offender registries, all are substantial factors and arguments for a violation of Article 1 and 2 of C105. Additionally, articles 1, 2, and 3 of C182 state that the member State must: Take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency . . . [concerning children] under the age of 18 . . . (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children . . . (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. 215 Similar arguments apply to C182 as C105. The United States is only hindering measures that have been put in place to prohibit and eliminate sex trafficking of Native children in particular. The two most significant issues are the lack of resources of Tribal police departments and the lack of continuity regarding sex offender registries. Additionally, agencies such as the EPA approve large extraction projects through a permitting process. As was seen in the Dakota Access Pipeline Case Study, contractors and employees working on these projects are using young girls, women, and children as sex slaves to keep those that disagree with the pipeline quiet. This is happening even though the EPA has issued EIS statements that acknowledge the harm man camps have on Native communities and Indian Country regarding Missing and Murdered Indigenous Women and Girls and trafficking.  Nevertheless, the EPA grants permits to projects without ensuring that there are effective remedies in place to mediate the harm Indigenous communities and Indian Country face. As a result, the United States clearly is not suppressing or taking immediate and effective measures to remedy the trafficking of Native women and children.
2.   Inter-American Commission on Human Rights
The Inter-American Commission on Human Rights (IACHR) is a product of the Organization of American States (OAS) and is one of the bodies of the Inter-American system. 216 The mission of the IACHR is to "promote and protect human rights in the American hemisphere." 217 All member States are beholden to the American Declaration of the Rights and Duties of Man. 218 Additionally, the IACHR is accompanied by the Inter-American Court of Human Rights (the Court). 219 The United States joined OAS in 1948, 220  and IACHR was created by the OAS in 1959. 221 The United States has never acknowledged the jurisdiction of the Court and therefore is not privy to that jurisdiction, and the Court cannot assert jurisdiction over the United States. 222 Even so, decisions made at the court amend the American Declaration of the Rights and Duties of Man and therefore those decisions still impact member states of the OAS but have not ratified jurisdiction of the Court. 223 Unfortunately, because the United States has not ratified the jurisdiction of the Court, findings of the IACHR are only persuasive and are not binding. 224 Even though these standards are only persuasive, it is still important to walk through this mechanism regarding the Articles that apply to the Missing and Murdered Indigenous Women and Girls phenomenon. The most relevant provisions of the Declaration are Articles 1, 2, 6, 14, 15, and 26. Article 1 states that every individual has a "right to life, liberty and personal security." 225 Here, Native women and children are stripped of their life, liberty and personal security because the perpetrators are not properly prosecuted for their crimes against Natives, and therefore perpetrators are allowed to continually re-offend even though lives are lost. Additionally, even if Native women and children are not trafficked or victimized, the rates of victimization are so high that Native women and children need to be hypervigilant. As a result, the quality of life is greatly impacted, and liberty and personal security are certainly compromised. Article 2 states that every individual has a "right to equality before the law." 226 Here, those that perpetrate crimes against Native and Indigenous communities are not being treated equally under the law due to jurisdictional issues, lack of funding, etc., and as a result, the victims are not provided with the same recourses as compared to other populations. Article 6 states that every individual has a "right to family and protection thereof." 227 Here, Native peoples and Indigenous communities are losing their loved ones at alarming rates. Due to jurisdictional issues and lack of funding, these families have no way to protect themselves from the harm done by those that reside in man camps. Article 14 states that every individual has a "right to work and to fair remuneration." 228 Here, Native women and children are not afforded proper work conditions or remuneration when they are trafficked. On the contrary, they are slaves and are lucky to survive their ordeal. As a result, Article 14 is violated due to the nature of their "employment." Although it is not the United States that "employs" Native children, the United States and the laws that are implemented contribute greatly to the cost-benefit analysis that traffickers partake in when selecting victims and participating in this line of "work." For the traffickers, the benefits of trafficking Native children greatly outweigh the costs. Article 15 states that every individual has a "right to leisure time and to the use thereof." 229 When Native women and children are trafficked, they are stripped of their ability to use their free time for their spiritual, cultural, and physical benefit. Instead, they are beholden to others in the hope of survival, and again, are slaves. Article 26 states that every individual has a "right to due process under the law." 230 Here, the argument is similar to the argument given for Article 2; however, it is essential to flesh out that when the law is not applied equally, then the victim, in a way, is also implicated. On the face, this argument may seem controversial. On the other hand, those employed by contractors that reside in man camps know that they can get away with doing what they please to Native women and children. As a result of the law applying differently due to jurisdictional issues, victims are left to the wayside. The evidence clearly supports one or more violations of the provisions of the Declaration. A violation of one is enough to grant a hearing in the IACHR in which the Commission would issue findings 231 and recommendations 232 for the United States. 233 Although the United States does not promote these acts or condone them, it is enabling the problem.
3.   United Nations Treaty Bodies
The United States also has a problematic history with the U.N. and the human rights treaty bodies and other human rights mechanisms. However, the United States has ratified 3 relevant treaties: the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); the International Convention on the Elimination of All Forms of Racial Discrimination (CERD); and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography (CRC-OP-SC). 234
i. UNDRIP
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is an instrument adopted by the United Nations in 2007. 235 The mission of UNDRIP is to "protect[] collective rights that may not be addressed in other human rights charters that emphasize individual rights, and [] also safeguard[] the individual rights of Indigenous [P]eople. '' ²³ 6 The United States initially did not support UNDRIP but has since changed its position. However, Sheryl Lightfoot, Ojibwe political scientist, believes that compliance is "lukewarm at best". 237 She points to the United States using terms such as "aspirational" and "non-binding" in official documents. 238 Lightfoot observes that compliance is "often concentrated in 'soft rights,' such as rights to language and culture, while systematically denying 'hard rights,' such as rights to land." 239 Although the United States' stance on UNDRIP is complicated, the United States has adopted the provision. As a result, the U.S. needs to take the responsibilities and duties to Indigenous Peoples earnestly and strive to adhere to those principles.
ii. CERD
The International Convention on the Elimination of All Forms of Racial Discrimination (CERD) was ratified by the U.S. in 1994. 240 CERD aims to enable all member States to "promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion." 241 The United States, via the permitting process for large extraction projects, practices environmental racism. Environmental racism is shown primarily through the EIS statement that was referred to earlier in the Case Studies section. Those that have the power to permit the projects also have the power to ensure that the Missing and Murdered Indigenous Women and Girls phenomenon is mediated. However, agencies gloss over the issues and only mention it in passing. As a result, the United States is not promoting and encouraging universal respect to all peoples.
iii.  CRC-OP-SC
The Optional Protocol to the Convention on the Rights of the Child on the Sale of children, Child Prostitution and Child Pornography was ratified by the United States in 2002. 242 This Optional Protocol aims to enable member States to do just as the name suggests: protect children from trafficking, prostitution, and pornography. 243 Unfortunately, by allowing the loopholes in the sexual offender registries, the United States is enabling Native children to be trafficked and sexually abused. It is difficult for sexual offenders to obtain jobs and many flock to the oil fields and pipeline construction. However, there is no regulation of the man camps and the harms they pose to Native communities, especially given that there is a high percentage of predators residing in these "neighborhoods." As a result, the United States, again, is contributing to the sexual abuses of Native children.
V.
Recommendations and Conclusions
A.
Recommendations
From the facts and law provided, it is clear that the United States is in the best situation to assist Native Nations in addressing the Missing and Murdered Indigenous Women and Girls phenomenon. The United States has the ability to ensure that Native Nations have the necessary resources to participate in VAWA. The United States has the power to tighten the jurisdictional loopholes present in VAWA and other legislation when Native Nations attempt to prosecute non- Indian offenders. The United States also has the power to help change stereotypes and other misconceptions and myths that stem from ignorance. It is important to emphasize that the United States enabled and even directly caused the disparate violence and trafficking Native women experience in Native communities and Indian Country. As a result, they have even more power and responsibility to assist Native Nations. There are five recommendations this note poses for the United States to begin to solve the Missing and Murdered Indigenous Women and Girls phenomenon. First, funding to Tribal governments is critical. Given that meeting the SDVCJ requirements can take enormous amounts of time and resources from Native Nations, the United States needs to ensure that compliance with requirements of VAWA is actually attainable so that Native Nations may participate in SDVCJ to protect their Native women. Thus far, only 18 Native Nations participate in VAWA. The Missing and Murdered Indigenous Women and Girls phenomenon has been prevalent since colonization, and until recently, Native Nations have not had much power to prosecute these offenses. It is unclear how many other Nations will be able to begin participating in the near future due to the arduous process Nations will have to go through to meet the requirements. To better protect Native women, which is the goal of the VAWA 2013 Reauthorization, Congress must be sure to allocate the appropriate amount of funds and resources to each Nation. Second, federal legislation needs to be passed that will close the Tribal jurisdictional gaps. Tribes lack jurisdiction to prosecute serious crimes that greatly contribute to the Missing and Murdered Indigenous Women and Girls phenomenon. As a result, depending on the circumstance and the state, the jurisdiction to prosecute these crimes falls to federal and state court systems. Third, the United States must create and manage an interstate sex offender registry. Sexual offenders have a relatively high propensity to re-offend. As a society and government, we require sexual offenders to register to help protect against further offenses. The fact that there is no reciprocity between states for registries is counter-intuitive and only contributes to the complex problem of Missing and Murdered Indigenous Women and Girls in the United States. Furthermore, government contractors and sub-contractors should have to verify their employees against sexual offender registries, especially when the project is close to Indian Country and other vulnerable populations. Given that there is an awareness within man camps and contracting networks that Native women and children are incredibly vulnerable to violence and trafficking they should take extra care in ensuring their employees will not "go hunting" within Native communities and Indian Country. Fourth, the United States should require free, prior, and informed consent of Tribes for any new projects that may affect Tribes and their lands. UNDRIP and other human rights mechanisms require that free, prior, and informed consent be secured from Indigenous Peoples before projects occur that will have irreparable impacts on the community and environment. Requiring informed consent would lessen the impact that man camps have on Native communities and Indian Country. Fifth, it is imperative for the United States to sign on to and ratify all relevant international human rights treaties and provisions. As with domestic law, it is vital to make law binding and make those within a State accountable in order to effectively prosecute and remedy situations. If there is no way to hold the United States accountable, it will be difficult to see any meaningful change anytime in the near future.
B.
Conclusion
Native women and children are trafficked at astronomical rates. Rates of trafficking increase dramatically when man camps are used at extraction projects. Currently, those exact rates are difficult to ascertain due to a lack of funding, lack of training, jurisdictional issues, and a general lack of awareness regarding the issue. However, Native peoples, Indigenous communities, allies, activists, etc., are bringing attention to the issue, unfortunately by bringing attention to the loved ones they have lost. Native peoples are disparately impacted by trafficking, violence, and crime. There is no doubt that the reality of colonialism and genocide Native peoples have experienced is a large factor of their suffering today. As a result, the United States has a duty to take a more active role concerning the well-being of Native peoples and addressing fundamental international human rights concerns. As of now, the United States is not adhering to the responsibilities that come with international human rights standards. However, the United States has made some progress with domestic legislation such as ICWA and VAWA. Nevertheless, the United States could, and should, do so much more to combat the Missing and Murdered Indigenous Women and Girls phenomenon because it is in the best position to do so. The United States, at a minimum, should begin to do the following immediately to alleviate the Missing and Murdered Indigenous Women and Girls phenomenon. First, legislation needs to be implemented at the federal level that will close the jurisdictional loopholes that strip Tribal jurisdiction from these sorts of crimes. Second, funding needs to be made available to Tribal police departments and other necessary entities for both enforcement and data collection. Third, vetting of employees before work begins is critical, with special attention given to reciprocity and availability of the sex offender registry. Fourth, free, prior, and informed consent needs to occur – without exception – when proposed projects may impact Indigenous communities. Fifth, Congress must ratify all relevant treaties with international mechanisms in order to begin compliance with human rights concerns. In taking these actions, the United States would be in a far better place to address the Missing and Murdered Indigenous Women and Girls phenomenon.