|
 |
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.
|
|
The supplementary resolution to the legislative bill for the promotion
of the Ainu Culture and for the dissemination and advocacy for Ainu traditions
and culture(Cabinet Committee of the House of Councilors and the House
of Representatives)
|
|
- Referring to the historical and social circumstance into which the Ainu
have been put, the Government should take appropriate measures for the
following matters, in order to find further national understanding regarding
the promotion of Ainu culture.
- To make efforts to respect the autonomous spirit and reflect the will of
the Ainu sufficiently in measures to promote Ainu culture, in order to
contribute to the realization of a society in which the ethnic pride of
the Ainu is well respected
- To provide further support for the promotion of Ainu culture, for the respect
of the ethnic pride of the Ainu and for the development of diverse cultures
in our country
- To make efforts, regarding advocacy of human rights of the Ainu and awareness
raising of this people, to take necessary measures by respecting the ratification
of the "Convention on the Elimination of All Forms of Racial Discrimination"
and the spirit of the "U.N. Decade for Human Rights Education"
etc.
- To make efforts to disseminate the knowledge about Ainu traditions, including
the indigenous nature of the Ainu, which is a historical fact
- To continue to expand support for the existing Hokkaido Utari Welfare Measures
|
|
|
|
