REALIZATION AND IMPLEMENTATION OF INDIGENOUS RIGHTS IN MODERN STATE --- A COMPARATIVE STUDY OF THE AINU AND THE NATIVE HAWAIIANS

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The purpose of this research project is to seek models for realization and implementation of rights of indigenous people in Japan. The study focused on the Native Hawaiians because they bear notable resemblance to the Ainu people in terms that the Native Hawaiians have never formally been recognized as "Indian tribe" by the federal government and the federal laws focusing to the tribes have not applied to the Native Hawaiians. Based on these understandings, I investigated the constitutional and legal status of the Native Hawaiians. I especially paid attention to Rice v. Cayetano decision, handed down by the United States Supreme Court in February 2000, which declared that the state law limiting the Office of Hawaiian Affairs (OHA) trustee election to Native Hawaiians contravened the Fifteenth Amendment to the United States Constitution guaranteeing equality of voting rights. I also studied the programs operated by the OHA for welfare and betterment of native Hawaiians. Another theme of investigation was constitutional and legal history of Native Hawaiians since the present legal system for them rooted deeply in the history.As a result of the research, it became fairly clear that it is constitutionally possible to guarantee and to implement the rights of native people without the formal recognition as a indigenous people by the national government.