University of Minnesota




Law for the Promotion of the Ainu Culture and for the Dissemination and Advocacy for the Traditions of the Ainu and the Ainu Culture (Law No. 52, May 14, 1997 Amendment: Law No. 160, Dec. 22, 1999).


 


Article 1 (purpose)

This law aims to realize the society in which the ethnic pride of the Ainu people is respected and to contribute to the development of diverse cultures in our country, by the implementation of the measures for the promotion of Ainu culture (hereafter called "Ainu Traditions"), the spread of knowledge related to Ainu Traditions, and the education of the nation, referring to the situation of Ainu traditions and culture from which the Ainu people find their ethnic pride.

Article 2 (definition)

"The Ainu Culture" in this law means the Ainu language and cultural properties such as music, dance, crafts, and other cultural properties which have been inherited by the Ainu people, and other cultural properties developed from these.

Article 3 (duties of the national and local governments)

The national government should make efforts to promote measures for the nurture of those who will inherit Ainu culture, the fruitfulness of educational activities concerning Ainu Traditions, the promotion of the monitor and study of the Ainu culture, which will contribute to its promotion and other measures to promote Ainu culture, as well as providing advice and support to the local governments necessary for measures to promote Ainu culture.

2. The local governments should make an effort to implement measures to promote the Ainu culture in accordance with the social situations of their areas.

Article 4 (respect to be taken into account in the implementation of this law)

The national and local governments should respect the autonomous spirit and ethnic pride of the Ainu people in the implementation of the measures to promote Ainu culture.

Article 5 (fundamental policy)

The Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology are required to establish the fundamental policy for the measures to promote Ainu culture (hereafter called "the Fundamental Policy").

2. The following should be established in the Fundamental Policy.

(1) The fundamental matters for the promotion of Ainu culture
(2) Matters related to measures for the promotion of Ainu culture
(3) Matters related to measures for the spread of knowledge relevant to Ainu Traditions, and the education campaign for the nation
(4) Matters related to the monitor and study of Ainu culture which contribute to its promotion
(5) Important matters related to the respect which should be put into account in the implementation of the measures for the promotion of Ainu culture

3. The Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology are required to consult with the heads of relevant administrative bodies and to listen to the comments of the local administrative bodies concerned provided in the 1st provision of the following article.

4. The Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology are required to announce the Fundamental Policy and/or the amendment with no delay when established/amended, as well as dispatch them to the local administrative bodies provided in the 1st provision of the following article.

Article 6 (fundamental program)


The local administrative bodies, appointed by national government ordinance, are recognized as responsible for the comprehensive implementation of measures to promote Ainu culture referring to the local social situations in the regions (hereafter called "the Prefectures Concerned") and should establish the fundamental program for measures to promote Ainu culture in the Prefectures Concerned.

2. In the fundamental program, the following should be determined:

(1) Fundamental Policy for the promotion of Ainu culture
(2) Matters on the content of the measures to promote Ainu culture
(3) Matters on the content of the measures to spread the knowledge relevant to Ainu
Tradition to residents
(4) Significant matters which should be taken into account in the implementation of the
measures to promote Ainu culture

3. The Prefectures Concerned are required to publicly announce and submit their fundamental program to the Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology immediately when established/amended.

4. The Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology should make effort to provide necessary advice, recommendations, and information to the Prefectures Concerned in order to facilitate the establishment of the fundamental programs and the smooth implementation of the programs.

Article 7 (appointment)

Following the acceptance of applications from corporations which had been previously established to promote Ainu culture under the civil law (act #89/1896) Article #34, the Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology will appoint only one corporation in the country, and recognize this corporation as proper to carry out fairly and surely the duties provided in the following article.

2. The Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology are required to announce the name, address of the office of the corporation (hereafter called "Appointed Corporation"), after the appointment according to previous provisions.

3. The Appointed Corporation is required to notify any plan to change its name and address to the Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology.

4. The Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology are required to announce the changed matter provided by the previous provision when they receive notice.

Article 8 (duties)

The Appointed Corporation is required to implement the following duties:

1. Duties for the nurture of those who will inherit Ainu culture and other duties relevant to the promotion of Ainu culture
2. Publishing activities related to Ainu Traditions and other campaigns
3. Research and monitoring activities which contribute to the promotion of Ainu culture
4. Providing support such as advice, subsidies, and other support to those who conduct the promotion of Ainu culture, the campaign activities related to Ainu Tradition, and research and monitoring activities.
5. Other duties which are necessary for the promotion of Ainu Culture not listed in the previous provisions.

Article 9 (implementation plan)

The Appointed Corporation is required to make an implementation plan and a budget, and submit them to the Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology every year, according to the statutes of the Ministry of Land, Infrastructure and Transport and the Ministry of Education, Culture, Sports, Science and Technology. In case of amendments, the same procedure should be taken.

2. The implementation plan should be made in accordance with the content of the Fundamental Policy.

3. The Appointed Corporation is required to make a report on the measures and a settlement of accounts, and submit them to the Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology every year, according to the statutes of the Ministry of Land, Infrastructure and Transport and the Ministry of Education, Culture, Sports, Science and Technology.

Article 10 (the requisition of reports and inspection)


The Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology may require a report of the duties of the Person-in-law Appointed, dispatch their officials to the office of the Person-in-law Appointed to inspect the conduct of duties under the act, notes of account and documents, and question persons concerned, as far as necessary to implement this law.

2. The officials who inspect the office under the previous provision have to carry official identification, and show this identification when requested by persons concerned.

3. The implementation of the inspection shall not be interpreted as a criminal investigation.

Article 11 (the order to improve)

The Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology may order to the Person-in-law Appointed to implement measures necessary for improvement, when recognized as necessary to improve the conduct of duties provided in Article 8.

Article 12 (dismissal of the appointed body)


The Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology may dismiss the appointment when the Person-in-law Appointed violates the order provided by the previous provisions.

2. The Minister of Land, Infrastructure and Transport and the Minister of Education, Culture, Sports, Science and Technology are required to publicly announce the dismissal of the appointed body.

Article 13 (the penalty)

Any person who refuses to make a report or makes a false report as required by the first provision of Article 10, or who refuses or interrupts the inspection provided by the same provision, or who does not answer or gives false answers to questions, may be imposed a penalty of less than ¥200,000 (two hundred thousand yen).

2. Not only the person who commits a violation under the previous provision, but also the same penalty may be imposed upon the Person-in-Law, when its representative, deputy, or employee commits a violation under the previous provision related to the duties of the Person-in-Law.

 

Supplementary Rules (excerpt)

Article 1 (date of validity)


This law will be enforced from a date which shall be provided by government ordinance within 3 months from its promulgation.

Article 2 (abolishment of the Hokkaido Ex-Aborigines Protection Act)

The following acts will be abolished:

1. The Hokkaido Ex-Aborigines Protection Act (#27/1899)

2. The Asahikawa Ex-Aborigines Protection Land Disposition Act (#9/1934)

Article 3 (temporary measures for the abolishment of the Hokkaido Ex-Aborigines Protection Act)

The Governor of Hokkaido should put it under its control the Hokkaido Ex-Aborigines Common Properties (called "the Common Property" in the next provision) which have been controlled under the 1st provision of Article 10 of the Hokkaido Ex-Aborigines Protection Act (hereafter called "the Ex-Protection Act") until the return of the properties to the owners as provided by from the following to the 4th provision, or the reversion to the Person-in-law Appointed or the Government of Hokkaido as provided in the 5th provision.

2. The Governor of Hokkaido has to publicly announce matters in the official gazette provided by the ordinance of the Ministry of Health, Labour and Welfare for each property appointed by the 3rd provision of the Article 10 of the Ex-Protection Act.

3. The owners of the common properties may request the return of the properties from the Governor of Hokkaido within 1 year from the announcement as provided by the ordinance of the Ministry of Health, Labour and Welfare.

4. The Governor of Hokkaido may not return the properties to the owners after the term, except a case in which all of the owners make a request as required by the provision.

5. In the case that the owners of the common properties do not request the return within the term provided in the 3rd provision, the common properties will revert to the Person-in-law Appointed (in case that the appointment provided by the 1st provision of the Article 7 has not been carried out at the time of passage of the term, to Hokkaido).

6. In the case that the common properties revert to the Person-in-law Appointed, the Person-in-Law should apply the properties to expenses related to the duties for the promotion of Ainu culture.

Cited and Edited from: http://www.frpac.or.jp/eng/e_prf/profile06.html

 



Home || Treaties || Search || Links