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Indigenous Law Journal >
Fall 2008, Volume 7, No. 1 >

Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/17374

Title: Subject, Object and Active Participant: The Ainu, Law, and Legal Mobilization
Authors: Stevens, Georgina
Issue Date: 1-Oct-2008
Publisher: Indigenous Law Journal
Abstract: This paper draws upon previous literature on legal mobilization to assess the outcomes, both legal and non-legal, of Ainu legal mobilization from the early 1980s until 2008. After describing the historical context of Ainu cultural destruction, assimilation and portrayal as a “dying race” by the Japanese authorities in the period from the 1590s to the 1960s, the paper goes on to examine Ainu legal activism from the 1980s to 2007 in the domestic context, in Part II, and in the international context, in Part III. In Part II, Ainu legislative activism with the Ainu New Law movement and judicial activism in the Nibutani Dam, Ainu Communal Property and Group Defamation cases are described, together with their concrete legal outcomes, the influence of and on non-Ainu actors, and the effect on Ainu unity and mobilization. Part III discusses the use of coordinated lobbying with non-governmental organizations and other Japanese minority groups at United Nations human rights fora to bring about change in Ainu legal status through mobilization of gaiatsu outside pressure. Part IV examines the convergence of both domestic and international legal activism in the fightrecognition of Indigenous rights and gives the outcomes up to 2008. Finally, the paper concludes by considering the achievements, significance, weaknesses and limitations of Ainu legal activism to date, including the impact on Ainu peoples themselves and their mobilization structures, and the work that remains to be done.
URI: http://hdl.handle.net/1807/17374
ISSN: 1703-4566
Rights: Indigenous Law Journal
Appears in Collections:Fall 2008, Volume 7, No. 1

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