Indigenous Peoples in Democratic Political Processes

通过调查，澄清了以下问题。首先，美国最高法院2000年对赖斯诉卡耶塔诺案的裁决应被视为澄清了最近减少印度法律独立性的趋势。其次，如果按照赖斯案的逻辑，很可能对夏威夷土著人的所有特殊待遇都将被发现违反联邦宪法。另一方面，部分是为了反对这一决定，夏威夷土著人自己自该决定以来加强了对国会的游说，要求给予他们与印第安部落平等的半主权国家地位。与此同时，作为夏威夷土著人自己为这种潜在的承认所做准备的一部分，他们开始了一场登记运动，以鼓励夏威夷土著人登记为潜在的夏威夷民族的成员。当阿伊努人与夏威夷人相比时，两个群体都有一个共同的问题，即任何代表他们的特别措施都可能被发现违反平等原则，因为他们没有被中央政府承认有任何特殊的法律的地位。但另一方面，必须指出，这两个群体的知名度存在差异。还必须指出，这两个运动对这一问题的反应是不同的，夏威夷土著人明确主张他们所寻求的权利和利益，并采取积极措施实现这些权利。最重要的是，值得特别注意的是，夏威夷土著人正在尽一切努力参与他们自己组织的不那么简单的进程，共同努力解决他们面临的问题，与州政府保持密切关系。

As a result of a survey, the followings were clarified. Firstly, the U.S.Supreme Court's 2000 Rice v.Cayetano decision should be seen as clarifying recent trend of reducing the separate identity of Indian law. Secondly, if the logic in the Rice case is followed, it is likely that all special treatment of the native Hawaiians will be found to violate the Fedeial Constitution. On the other hand, partly in an attempt to counter the decision, native Hawaiians themselves have since the decision intensified their lobbying of the Congress, demanding that they be given the status of a Nation with semi-sovereign powers equal to Indian tribes. They have at the same time, as part of preparation by native Hawaiians themselves for such potential recognition, begun a registiation movement to encourage the enrollment of indigenous Hawaiians as members of a potential Hawaiian Nation.When the Ainu are compared with Hawaiians, both groups share the common problem that any special measuies on their behalf may be found to violate the principle of equality, because they have not been recognized by the central government as having any special legal status. On the other hand however, it must be said that there is a disparity in the visibility of these two groups. It must also be said that there is a diffeience in the responses of the two movements to this issue, with native Hawaiians' clearly asserting the rights and interests they seek, and taking pro-active measures in order to realize these rights. Above all, worthy of particular note is the fact that native Hawaiians are making every effort to become involved in the less than simple process of their own organization, by working together towards a solution to the problems they face, maintaining a close relationship with the State government.