Court Denies Indigenous Right on Salmon

The court refused again acknowledging indigenous right for fishing salmon in a river. Sapporo High Court dismissed a lawsuit filed by Raporo Ainu Nation, a group of indigenous people in Urahoro town located eastern region of Hokkaido Island. While it recognized Ainu’s right to take part in cultural life, the court denied their right to catch salmon as their business. It did not consider history that Japanese people colonized the land dominated by Ainu people and deprived them of critical resources. 

The plaintiffs, the descendants of Ainu people, argued that they had exclusive right on fishing salmon in Tokachi River before the government of Japan governed Hokkaido Island without consensus of the indigenous people just after Meiji Restoration in 1867. They appealed to the high court, pursuing confirmation of their right to catch salmon, after the first court dismissed their argument in 2024.

 

The high court found that Ainu people has their right to enjoy their cultural life based on Article 13 of the Constitution of Japan and catching salmon occupies an important part of their life, tradition and culture, because they have been utilizing salmon for their food, trade or religious rituals. However, the court realized that the right of catching salmon, which the plaintiffs demand, was to exclusively occupy the resource and would have greater aspect of right on property than right for culture.

 

Article 28 of Fishery Resources Protection Act generally prohibits catching salmon in inland waters of Japan. The court ruled out exclusive salmon fishery in a river, because it defined river as public property. The governments of Japan and Hokkaido exceptionally allow Ainu people to catch a small amount of salmon for their cultural ceremony. The court thus concluded that the governments did not wrongfully regulate Ainu’s right to enjoy their cultural life.

 

The plaintiffs demanded recognition of their right to run their fishery business in the river based on international and domestic laws. Article 27 of International Covenant on Civil and Political Rights guarantees minorities the right to enjoy their own culture. The plaintiffs include business in culture.

 

Both chambers of the Diet passed the resolution to recognize Ainu people as indigenous people in Japan in 2008. Raporo meanwhile asserted that the situation they cannot enjoy their cultural life, while other Japanese can do that, would violate Article 14 of the constitution that assures people’s equality under law.

 

The high court did not decide whether the law for regulating fishery would violate the constitution. However, there are some countries in the world which recognizes salmon fishing as an indigenous right. The plaintiffs raised an example of Finland, in which Finnish supreme court found that state fishing regulations were contrary to the Saami’s constitutional rights. The court decision left a possibility in the future the government of Japan will recognize indigenous right of fishing salmon in Japan.