| Project/Area Number |
14520026
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Osaka City university |
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Principal Investigator |
SASAKI Masatoshi Osaka City University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (90215731)
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| Project Period (FY) |
2002 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥2,800,000 (Direct Cost: ¥2,800,000)
Fiscal Year 2004: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2003: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2002: ¥800,000 (Direct Cost: ¥800,000)
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| Keywords | Ainu People / Indigenous Peoples / Indigenous Rights |
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| Research Abstract |
The ‘Law concerning Promotion of Ainu Culture and Dissemination and Enlightenment of Knowledge about Ainu Traditions" was enacted in 1997. The purpose of the law is to realize a society in which the pride of the Ainu as a people is respected, and to contribute to the development of diverse cultures in our society through promotion of Ainu culture. This law, however, does not explicitly affirm the indigenousness of Ainu people and does not affirm indigenous rights of Ainu people.
The dominant theory of the Constitutional law of Japan denies the indigenous rights of Ainu people. Some commentators, however, try to demonstrate that Ainu people enjoy indigenous rights under the Constitution of Japan. One argues that indigenous rights can be protected as collective rights of "the right to maintain the minimum standards of wholesome and cultured living" in Article 25 of the Constitution. The other understands indigenous rights as the right to enjoy his or her own culture of social minorities. Sapporo District Court held in 1997 that Ainu people are guaranteed the right to enjoy his or her own culture by the Article 13 of the Constitution.
The part II of the Constitution Act, 1982 of Canada guarantees Rights of the Aboriginal peoples of Canada Section 35 affirms "the existing aboriginal and treaty rights of aboriginal peoples of Canada". Section 35.1 affirms the principle that the representatives of the aboriginal peoples of Canada be invited to the constitutional conference that includes in its agenda an item relating to the proposed amendment to sections concerning aboriginal rights.
Section 25 of Canadian Charter of Rights and Freedoms stipulates that "the guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada".
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