- 14 Mar 2002
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Yesterday, a Japanese court rejected the demand made by a group of Ainu indigenous people in northern Japan, who sought recognition as exempt from a ban on commercial salmon fishing in a river, asserting that they had inherited this right from their ancestors. The Sapporo District Court ruled that the river is public property and does not admit exclusive fishing rights for any specific group of people. Currently, the Ainu people can only fish for salmon with approval from the governor of Hokkaido for cultural heritage purposes. Despite this setback, the Raporo Ainu Nation, which includes descendants of Ainu communities residing around the river in Urahoro, Hokkaido, will likely appeal the ruling. The lawsuit marked the first instance where the Ainu people sought recognition of their indigenous rights from the central and Hokkaido governments.
Photo credit: Jiji
mainichi.jp
www.japantimes.co.jp
Photo credit: Jiji
Salmon fishing in rivers is illegal under the law on protecting fishery resources and Hokkaido's regulations on inland fishing. Ainu living inland can only fish salmon to practice cultural traditions and not for economic reasons. During the trial, the plaintiffs stated that they had inherited the rights to fish salmon from their ancestors, who had inhabited the area since the Edo Era beginning in the 17th century. Their livelihoods depended on salmon fishing until it was banned under an assimilation policy pursued by the government during the Meiji Era, from 1868 to 1912. Judge Takuro Nakano acknowledged that the Ainu people have been continuously fishing salmon in the area since the 17th century and are entitled to continue their own culture. However, he also said the plaintiffs' argument has "a strong aspect of property rights" and goes beyond the scope of preserving and passing on their tradition. He said that their claim is unacceptable even in light of historical circumstances, as well as treaties and international declarations on indigenous peoples' rights.
Ainu loses legal battle over right to catch salmon in Hokkaido - The Mainichi
SAPPORO (Kyodo) -- A Japanese court on Thursday rejected a demand by a group of Ainu indigenous people in northern Japan to be recognized as exempt fr
Japan court denies fishing rights to Ainu people
It was the first court decision on Indigenous rights related to Ainu people.