| | UN DRAFT DECLARATION ON THE RIGHTS OF INDIGENOUS GROUPS |
 | | This letter responds to your letter of October 10, 1996, to Associate Deputy Attorney General Seth Waxman, which requested the views of the Department of Justice as to whether the Constitution would permit the federal government to afford other indigenous groups in the United States treatment comparable to that presently afforded federally recognized Indian tribes. |
 | | We cannot, however, offer any view as to the permissibility of exercising this authority regarding a particular group of indigenous peoples without a thorough analysis of that group's history, its structure and status, the relationships between its members, and the group's relations with federal and state government authorities. |
 | | Thus, while Congress has the authority to consider recognizing or extending benefits to indigenous groups other than Indian tribes, we cannot express a view at this time as to whether Congress could lawfully take such action towards any existing community of Native Hawaiians or other indigenous entities. |
| www.justice.gov /olc/undec.let.htm (315 words) |