Disregard for the Conservation of Ainu Culture and the Environment: The Biratori Dam project and Japan's current policy toward the Ainu

Abstract

Despite the decision of the Nibutani Dam Case that stated the Ainu, who have inhabited Hokkaido and its neighbouring islands since time immemorial, were entitled to have the right of enjoyment of culture as indigenous people, the Biratori Dam Project is underway in the heart of Ainu culture in Hokkaido. The legal system which includes the Environmental Impact Assessment and the Amended River Act allows the authorities to give priority to river development. In 1997 the Hokkaido Former Aborigines Protection Act, which represented the Japanese assimilation policy, was replaced by the New Ainu Law. However, Japan's current Ainu policy has yet to take firm steps toward the protection of Ainu indigenous rights. This paper looks at the legal system surrounding the Saru River Development Project in light of the conservation of both Ainu culture and the environment. Further, the current Ainu policy is discussed in its domestic and international contexts.