Ainu peoples in Japan were first recognized by the Japanese government as
minorities in 1992. In Nibutani Dam case in 1997, Ainu were then recognized as
indigenous peoples but were not given any collective rights as peoples.
It was in 2007 when Uni...
Ainu peoples in Japan were first recognized by the Japanese government as
minorities in 1992. In Nibutani Dam case in 1997, Ainu were then recognized as
indigenous peoples but were not given any collective rights as peoples.
It was in 2007 when United Nations Declaration on the Rights of Indigenous
Peoples was adopted. Only 4 states were against and Japan voted for although
she rejected to recognize Ainu as indigenous peoples and stated she understood
that the collective rights provided in the Declaration are to be exercised
individually, which will diminish the significance of the Declaration.
In the Declaration, the right to self-determination is interpreted as the right to
participate in the decision making process. It also provides rights to land as
collective rights. According to U.N. Special Rapporteur, James Anaya, this
legally non-binding Declaration is considered to be an authoritative interpretation
of the existing norms of international human rights law.
This Declaration made the Japanese government to recognize Ainu as indigenous
peoples politically. It is further expected that the Act on the Promotion of Ainu
Culture will stipulate Ainu as indigenous peoples and ensure individual as well as
collective rights of Ainu as indigenous peoples in accordance with the provisions
of the U.N. Declaration on the Rights of Indigenous Peoples and recommendations
made by various U.N. human rights Committees.