先住民族としてのアイヌ民族の権利：二風谷ダム事件と国際法の観点から

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.