Volume 16 | Issue 21 | Number 2 | Article ID 5212 | Nov 01, 2018 The Asia-Pacific Journal | Japan Focus Performing Ethnic Harmony: The Japanese Government’s Plans for a New Ainu Law Tessa Morris-Suzuki Dancing Towards Understanding a little more closely at the way in which the pursuit of indigenous rights has played out in On 14 May 2018 the Japanese government’s Japan over the past three decades or so. Council for Ainu Policy Promotion accepted a report sketching the core features of a much- In 1997 Japan finally abolished the awaited new Ainu law which the Abeassimilationist ‘Former Aborigines Protection government hopes to put in place by 2020.1 The Law’ which had governed Ainu affairs for law is the outcome of a long process of debate, almost a century, and replaced it with a new protest and legislative change that has taken ‘Ainu Cultural Promotion Law’. The change place as global approaches to indigenous rights came after more than ten years of protest by have been transformed. In 2007, Japan was Ainu groups. In 1984, the Utari Association of among the 144 countries whose vote secured Hokkaido (since renamed the Ainu Association the adoption of the 2007 UN Declaration on the of Hokkaido) had called for the creation of a Rights of Indigenous Peoples: a declaration New Ainu Law which, if implemented, would which (amongst other things) confirms the have created guaranteed seats for Ainu rights of indigenous peoples to the land they representatives in Parliament and local traditionally occupied and the resources they assemblies, promoted the transmission of Ainu traditionally used, and to restitution for past culture and language, recognized traditional dispossession.2 As a response to thisfishing and forest resource use rights, and declaration, in 2008 both houses of theestablished an ‘Ainu Independence Fund’ to Japanese parliament voted unanimously (if sustain economic autonomy.4 But, as its title rather belatedly) to recognize the Ainu people suggests, the law actually introduced in 1997 as an indigenous people, and the government met only a small part of these demands. It embarked on a ten-year process of deliberation recognized and provided financial support for about the future of Ainu policy. The main fruit Ainu traditional culture – including the of those deliberations is the impending new teaching of Ainu language and the passing on law. But how far will this law go in fulfilling of skills such as woodcarving and textile Japan’s commitment to the UN Declaration? making – and it led to the creation of a Will it, in fact, be a step forward on the path of Foundation for Research and Promotion of Ainu indigenous people from colonial dispossession Culture [Ainu Bunka Shinkō Kenkyū Suishin towards equality, dignity and ‘the right to Kikō] which, under the umbrella of the Ministry development in accordance with their own of Education and the Hokkaido Development needs and interests’? Will it take account of the Agency, was responsible for encouraging vigorous debates that are occurring within the research and promoting activities related to Ainu community about key aspects ofAinu culture. indigenous rights, including the voices of those whose demands are at odds with theMany observers saw this as a first step in the aspirations of the Japanese government?3 To right direction, but were disappointed by the answer those questions, it is necessary to look law’s limitations. Ainu activist Tahara Ryoko 1 16 | 21 | 2 APJ | JF summed up these mixed feelings when she of Ainu as an indigenous people, there was a commented: renewed flurry of activity around issues of Ainu rights. In 2008 Hokkaido University conducted a sample survey on the social conditions and We Ainu wanted the restoration of attitudes of Hokkaido Ainu, which highlighted the rights that had been taken ongoing problems of discrimination and away from us, and demanded disadvantage. The report cited an official figure various things. In the end this of 23,782 for the Ainu population of Hokkaido: turned out just to be a law to a figure derived from a government survey promote culture, but all the same it which ‘defined Ainu as people who are has great meaning as a first step in considered to have Ainu bloodline and those a new law recognising the Ainu who reside with Ainu people due to marriage, people, and we acknowledge the adoption and so forth, and counted those whom hard work done by those who municipal governments concerned could created it... [But] we Ainu thought identify as Ainu’.7 This figure, though, is this was a law for the Ainu people. recognized to be a serious underestimate of We hoped that when this law was Japan’s total Ainu population. Identification is a created it would bring great complex issue for several reasons. On the one benefits to Ainu. We called for hand, a substantial number of people who are education and culture, the aware of having Ainu ancestry do not elimination of discrimination, acknowledge it in public because of continuing employment measures, an discrimination (and are therefore not identified autonomy fund and many things. by municipal governments as being Ainu). But the law that has been passed is Significantly, the Hokkaido University survey an Ainu culture law. This is not a (which collected responses only from people law that Ainu alone can make use who did publicly identify as Ainu) found that of. Rather, it benefits wajin [non- 44.1% of respondents reported having felt Ainu Japanese]. For example, any embarrassed about being Ainu because of groups or individuals who conduct experiences of discrimination, while only 2.2% research or run cultural events on said that non-Ainu friends or acquaintances had Ainu can apply for support [under 8 the law]... And if you apply for made them feel proud to be Ainu. On the other support, you can get the chance to hand, the ‘bloodline’ criterion, which identifies appreciate traditional dance. In people as Ainu only if they are known to have order to be seen and understood, some Ainu ancestry, is problematic because we Ainu will have to dance with all there are people – particularly children of our might.5 ethnic Japanese heritage who have been adopted by Ainu families – who do not meet this criterion but do identify and are identified by Concerns were also raised about the fact that their communities as Ainu. Besides, there are the majority of senior positions in Thethousands of Ainu people who no longer live in Foundation for Research and Promotion of Ainu Hokkaido but have migrated to other parts of Culture went to non-Ainu: a situation which Japan; and in addition, as we shall see, people persisted even as the representation of Ainu in with Karafuto (Sakhalin) Ainu or Chishima the Foundation gradually improved.6 (Kurile) Ainu ancestry are often neglected in discussions of Ainu issues. Ten years on, in the wake of the UN Declaration and the parliamentary recognition The Hokkaido University survey, which focused 2 16 | 21 | 2 APJ | JF on Ainu living in Hokkaido, noted gradual Meanwhile, an Advisory Council for Future improvements in the social position of Ainu, but Ainu Policy (including just one Ainu member) also pointed to ongoing disadvantage of the had been created under the chairmanship of sort experienced by many indigenousKyoto University legal expert Satō Kōji. Its communities worldwide. It found that Ainu report, issued in 2009, provided a lengthy households had, on average, an annual income historical examination of the process by which of 3.56 million yen: lower than the 4.41 million Ainu people had been deprived of their lands, yen average annual household income for the resources, language and cultural traditions, population of Hokkaido as a whole, which in and emphasized the need to ‘face up to’ this turn was lower than the annual average history, without specifically calling for an household income of 5.67 million yen for the official apology or compensation. But, although total population of Japan. The survey also found it proposed new measures to improve public that a disproportionately large percentage of understanding of Ainu culture and history and Ainu (27.5%) work in the generally low-wage stressed the importance of access to natural farming, forestry and fishing sector (compared resources as an element in protecting and with a figure of 7.4% for Hokkaido as a transmitting traditional culture, the report whole).9 Although the number of Ainuwent on to recommend policies which remained completing high school had increased, it was firmly focused on the cultural dimensions of still substantially below the national level, and Ainu life. while around 50% of young Japanese people As Uemura Hideaki and Jeffry Gayman have overall attend university, the figure for emphasized, the approach to Ainu rights Hokkaido Ainu as of 2009 was just 21%. Over embodied in the 2009 report relied on the 50% of Ainu under the age of thirty who argument that Article 13 of the Japanese responded to the survey stated that they would Constitution already protects the rights of have liked to attend university, but cited individual citizens, including the right of Ainu ‘financial difficulties’ as the main reason for individuals, to choose their way of life, so long 10 being unable to fulfil this ambition. The as this ‘does not interfere with the public survey discussed the range of social welfare welfare’. This protection is presented as measures which national and local government providing a basis for a distinctively ‘Japanese has developed since the 1970s (including approach’ to the issue of indigenous rights. But educational scholarships and loans for housing this conceptual basis of the Japanese improvements, as well as support for cultural government’s approach to Ainu policy is deeply promotion) but noted that the budget for these problematic because it is devoid of any explicit schemes had been cut back over the past few recognition of the group rights of indigenous years.