Performing Ethnic Harmony: The Japanese Government's Plans for a New Ainu Law

Abstract

On 14 May 2018 the Japanese government’s Council for Ainu Policy Promotion accepted a report sketching the core features of a much-awaited new Ainu law which the Abe government hopes to put in place by 2020.1 The law is the outcome of a long process of debate, protest and legislative change that has taken place as global approaches to indigenous rights have been transformed. In 2007, Japan was among the 144 countries whose vote secured the adoption of the 2007 UN Declaration on the Rights of Indigenous Peoples: a declaration which (amongst other things) confirms the rights of indigenous peoples to the land they traditionally occupied and the resources they traditionally used, and to restitution for past dispossession.2 As a response to this declaration, in 2008 both houses of the Japanese parliament voted unanimously (if rather belatedly) to recognize the Ainu people as an indigenous people, and the government embarked on a ten-year process of deliberation about the future of Ainu policy. The main fruit of those deliberations is the impending new law. But how far will this law go in fulfilling Japan’s commitment to the UN Declaration? Will it, in fact, be a step forward on the path of indigenous people from colonial dispossession towards equality, dignity and ‘the right to development in accordance with their own needs and interests’? Will it take account of the vigorous debates that are occurring within the Ainu community about key aspects of indigenous rights, including the voices of those whose demands are at odds with the aspirations of the Japanese government?3 To answer those questions, it is necessary to look a little more closely at the way in which the pursuit of indigenous rights has played out in Japan over the past three decades or so.