Indigenous Ainu people in Japan recently lost a court case that sought to reestablish their rights to river fishing for salmon. The Ainu traditionally inhabited areas in what is now northern Japan and parts of Russia. Historically, the Ainu faced discrimination and assimilation efforts, and it was only in 2019 that Japan legally recognized them as Indigenous people. Despite this, Japan’s fishery resources protection law prohibits salmon fishing in rivers for all individuals, regardless of ethnicity.
The plaintiffs in the case argued that they should be exempt from this law due to established traditions of fishing in a specific river in Hokkaido, which was an essential part of their ancestors’ livelihood before a government crackdown in the 19th century. However, the Sapporo district court dismissed their claims, ruling that river fishing is not their inherent right, even in a limited capacity. Ainu people can currently fish for salmon only with approval from the governor of Hokkaido for cultural heritage purposes.
In their lawsuit, the Ainu plaintiffs highlighted global movements towards recognizing Indigenous rights, referencing a 2007 UN declaration supporting such rights. Despite this, the court did not find river fishing to be an inherent right for the Ainu. Hiromasa Sashima, a member of the plaintiff group, expressed disappointment at the ruling, describing it as a fight to regain the rights stripped from their ancestors who relied on fishing for survival.
The Ainu’s history involves trading with the Japanese mainland for centuries until the Japanese imperial government annexed Ainu lands in 1869. This annexation led to the suppression of Ainu practices, such as traditional hunting, and forced assimilation, including the requirement for Ainu individuals to adopt Japanese names and language. The court battle to reinstate fishing rights has been ongoing for four years, with authorities dismissing the plaintiffs’ claims as legally baseless and crucial for safeguarding salmon resources.
The existing fishing regulations are upheld as necessary measures to protect significant resources like salmon from depletion. Despite Ainu efforts to regain their fishing rights based on centuries-old traditions, the court decision implies that Indigenous rights to river fishing are not inherent for the Ainu. This ruling highlights the ongoing challenges faced by Indigenous communities seeking to reclaim heritage practices in the face of modern regulations and legal frameworks. The outcome of this case reflects intersecting issues of historical discrimination, resource management, and the recognition of Indigenous rights in a contemporary context.
