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
Rights of Ainu as Indigenous Peoples: From the viewpoints of Nibutani Dam case and International Law
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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.
Abstract
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.
참고문헌 (40)
- 安藤仁介, "アイヌ․台湾․国際人権" (2011), 財団法人世界人権問題研究センター
- 貝澤耕一ほか, "アイヌ民族の復権 先住民族と築く新たな社会" (2011), 法律文化社
- 今井直, "先住民族の権利－二風谷ダム事件―, In 国際法判例百選", 別冊ジュリスト 156, ~ (2001)
- 桐山 孝信, "判例国際法" (2006), 東信堂
- 房川樹芳, "アイヌ民族の「少数先住民族」性に関する考察：いわゆる二風谷ダム判決 を素材として", 北大法学研究科ジュニア․リサーチ․ジャーナル, (6) (1999)
- 寺谷広司, "国際法基本判例50" (2010), 三省堂
- 上村英明, "インタレストグループ報告(2011年11月6日) 先住民の権利 研究", 国際人権, (23) (2012), 國際人權法學會
- 上村英明, "“1993 国際先住民年” は何をもたらしたか", 世界, (595) (1994)
- 小坂田裕子, "人権条約における先住民族の土地に対する権利の展開 アイヌ民族の集団 の権利考察の一助として", 国際人権, (23) (2012), 國際人權法學會
- 孫占坤, "先住少数民族の権利 二風谷ダム事件, In 国際法判例百選", 別冊ジュリスト204, ~ (2011)
- 岩沢雄司, (2006), 信山社
- 岩沢雄司, "二風谷ダム判決の国際法上の意義", 国際人権, (9) (1999), 國際人權法學會
- 苑原俊明, "アイヌ民族の先住権の行方", 国際人権, (21) (2010), 國際人權法學會
- 丸山博, "アイヌ民族の復権 先住民族と築く新たな社会", 法律文化社 (2011)
- "特報 1行政, 行政訴訟法 二風谷ダム事件判決", 判例タイムズ No.938, ~ (1997)
- "権利取得裁決及び明渡裁決取消請求事件", 札幌地裁平5（行ウ）第9号, ~
- "事第三部判決, 請求棄却․確定, 判時1598号", ~
- "国連総会における先住民族の権利宣言の採択に関する質問主意書 24号と答弁(内閣衆 質168", 24)
- "アイヌ民族を先住民族とすることを求める決議 に関する内閣官房長官談話(平成20年 6月6日)", ~ (2008)
- 参議院, "参議院の動きアイヌ民族を先住民族とすることを求める決議", 内閣官房アイヌ 総合政策室 アイヌ政策推進会議 アイヌ政策の概要, ~
- Anaya S. James, "International Human Rights and Indigenous Peoples" (2009), Aspen Publishers
- Gilbert J, "Reflections on the UN Declaration on the Rights of Indigenous Peoples" (2011), Hart Publishing
- Stavenhagen R., "Reflections on the UN Declaration on the Rights of Indigenous Peoples" (2011), Hart Publishing
- Committee on Economic, Social and Cultural Rights, "Concluding observations on the third periodic report of Japan, adopted by the Committee at its fiftieth session (29 April-17 May 2013)", E, JPN, pp.CO, 3[DOI]
- Concluding observations on the combined seventh to ninth periodic reports of Japan, "Committee on the Elimination of Racial Discrimination", ADVANCE UNEDITED VERSION, ~
- Concluding observations on the sixth periodic report of Japan, "Human Rights Committee", ~, pp.CCPR, C[DOI]
- Jose R. Martinez Cobo, "Study of The Problem of Discriminatoin Against Indigenous Populations, Vol.5: Conclusios", Proposalss And Communications, 29 (1987)
- Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, , ~, pp.A, HRC[DOI]
- Report of the Working Group on Indigenous Populations on Its Eleventh Session 15, , ~, pp.E, CN.4[DOI]
- Statement of Victoria Tauli-Corpuz, "Chair of the U. N. Permanent Forum on Indigenous Issues on the occasion of the adoption of the U.N. Declaration on the Rights of Indigenous Peoples", U.N. General Assembly, 61st Sess., Sept. 13, ~ (2007)
- Statement by Ms. Arino Yaguchi, "Alternate Representative of Japan On Item 65: The Rights of Indigenous Peoples, Third Committee, 69th Session of the United Nations General Assembly", ~ (2014)
- General Recommendation 23: Indigenous Peoples, "U.N. Committee on the Elimination of Racial Discrimination", ~, pp.U.N. Doc. A (1997), 52[DOI]
- General Comment No.23: The rights of minorities (Art. 27), "U.N. Human Rights Committee", ~, pp.U. N. Doc. CCPR (1994), C[DOI]
- "United Nations Permanent Forum on Indigenous Issues, Declaration on the Rights of Indigenous Peoples", ~
- Indigenous People, "Erica-Irene A. Daes", ~, pp.E (1996), CN.4[DOI]