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Nibutani Dam The Japanese District Court held that expropriation of indigenous lands on the island of Hokkaido (the northern island of Japan) to provide for construction of the Nibutani dam without consideration for the impact on the local indigenous community, the Ainu people, was in violation of Japan's obligations under Article 27 of the International Covenant on Civil and Political Rights. This case has implications for the development of mining operations that impact upon indigenous communities. A collection of information relating to the Nibutani Dam case follows.
Major Groups and Individuals Involved with the Conflict Ainu people - Indigenous peopleand original inhabitants of the northern island of Hokkaido, Japan. Current population is in the region of 10,000. The Ainu Association of Hokkaido - The largest of several associations organized by Ainu residents in Hokkaido to maintain their culture and defend their rights. Hokkaido Development Agency - Developed the plan to construct a dam in the Nibutani region to supply water for an industrial development area. Part of a central government nation-wide development project. Hokkaido Development Bureau - The local branch of the Hokkaido Development Agency.
Historical and Cultural Overview
A variety of legal responses and activities have occured at the National and International level in relation to this case. At the national level in Japan, the case resulted in the introduction of a new legislative Act:
At the international level, some activities have included:
Links to Further Information The Foundation for Research and Promotion of Ainu Culture - Established June 27 by the Hokkaido government, as a public interest corporation to satisfy Article 34 of the Civil Law. The foundation has its office in Sapporo, Hokkaido, and an Ainu Culture Center in Tokyo. Comparative Case Study - The Ainu People (Japan) - Oxfam Community Aid Abroad - Rights of Indigenous Australians - A case sudy prepared by an Australian NGO on the Nibutani Dam incident that explores lessons for the Aboriginal indigenous people of Australia. Ainu Links - Netscape. - Links to information. Ainu - DMOZ Open Directory - Links to information.
Related Bibliography The following selection of publications provides background information on the conflict and its legal ramifications. The publications are listed in chronological order based on publishing date. The listing is not comprehensive and is provided only as indication of the resources available. Nibutani Dam Jiken Hanketsu, Kayano et. al. v. Hokkaido Expropriation Committee. Reference:1598 Hanrei Jiho 33, 938 Hanrei Times 75, Sapporo Dist. Ct., March 27, 1997 (translated into English by Marc A. Levin). The Japanese District Court held that expropriation of certain indigenous lands to provide for construction of a dam without consideration given for the impact on the local indigenous community was violative of Japan's obligations under Article 27 of the International Covenant on Civil and Political Rights. Toward
a Genuine Redress for an Unjust Past: The Nibutani Dam Case - Toshiaki
Sonohara, Professor of Law, Daito Bunka University, Japan. E Law - Murdoch
University, Volume 4, Number 2, June 1997.
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