Realising Ainu indigenous rights: a commentary on Hiroshi Maruyama's ‘Japan's post-war Ainu policy. Why the Japanese Government has not recognised Ainu indigenous rights?’

Polar Record ◽  
2013 ◽  
Vol 50 (2) ◽  
pp. 209-211 ◽  
Author(s):  
Naohiro Nakamura
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Japanese Government ◽  
The United Nations ◽  
The Government ◽  
Post War ◽  
Legal Frameworks ◽  
United Nations Declaration

ABSTRACTThis commentary reviews Maruyama's article ‘Japan's post-war Ainu policy: why the Japanese Government has not recognised Ainu indigenous rights?’ (Maruyama 2013a), published in this journal. Maruyama criticises the government for its reluctance to enact a new Ainu law to guarantee indigenous rights, even after Japan's ratification of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). However, in actuality, the government is searching for the foundation of new Ainu policies in the existing legal frameworks and trying to guarantee some elements of indigenous rights. Japan's case suggests the possibility of realising indigenous rights without the enactment of a specific law.

The New Legal Context of Indigenous Peoples' Rights: The United Nations Declaration on the Rights of Indigenous Peoples

2013 ◽  
Vol 37 (4) ◽  
pp. 141-156 ◽  
Author(s):  
Julie Rowland
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Future Research ◽  
Historical Trends ◽  
Legal Context ◽  
American Law ◽  
The United Nations ◽  
United Nations Declaration ◽  
First Time

The United Nations Declaration on the Rights of Indigenous Peoples is a momentous step both for indigenous peoples and the nations in which they reside. For the first time, the global community recognizes the unique rights of indigenous peoples and aspires to protect those rights. The new declaration is shaped by the historical trends of international law, and it will be implemented within the context of local and national law. To provide a better understanding of the declaration and to prepare citizens for its implementation, this essay examines how the international legal approach to rights will affect its implementation. Additionally, this article assesses issues of interpretation that may occur when the declaration is implemented. An examination of the application of the declaration in the context of American law provides an example of potential conflicts that may arise between national law and the declaration. Other legal sources of indigenous rights are described to provide a fuller picture of the ways in which indigenous peoples can protect their rights. Overall, this essay aims to give scholars and the general public grounding in the legal context of the declaration for future research on and observation of the declaration as it is implemented globally.

scholarly journals Respecting and recognising Indigenous rights when challenged by commercial activities

2017 ◽  
Vol 10 (1) ◽  
pp. 1-17
Author(s):  
Valmaine Toki
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Extractive Industries ◽  
Reference Guide ◽  
Commercial Activities ◽  
Basic Rights ◽  
The United Nations ◽  
United Nations Declaration

The United Nations Declaration on the Rights of Indigenous Peoples was hailed as a triumph among Indigenous peoples, signalling a long-awaited recognition of their fundamental human rights. Despite this, many violations of these basic rights continue, particularly in relation to extractive industries and business activities. In response, a business reference guide seeks to inform industries of their responsibilities. This article examines the tenuous relationship between Indigenous rights, state responsibilities and business expectations.

Part V Economic and Social Rights, Ch.16 Labour Rights: Article 17

2018 ◽  
Author(s):  
Swepston Lee
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Equal Treatment ◽  
Comprehensive Treatment ◽  
Labour Law ◽  
Labour Rights ◽  
Domestic Labour ◽  
The United Nations ◽  
United Nations Declaration

This chapter examines labour rights under Article 17 of the Declaration, showing that Article 17 was intended to guarantee to indigenous peoples and individuals fair and equal treatment under labour law at both the international and domestic levels. As was clear from the drafting process, Article 17 opens up the protection afforded under the wider standards adopted by the United Nations and by the International Labour Organization (ILO), among others, to indigenous and tribal peoples as they endeavour to support themselves and their families. Moreover, Article 17 reaches into existing human rights law on labour matters and incorporate those concepts in the broad and comprehensive treatment of indigenous rights covered by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It also draws attention to the need to apply generally applicable international labour law, as well as domestic labour law, to these peoples who so often are neglected in its application.

scholarly journals Indigenous Nations’ Rights in the Balance

2014 ◽  
Vol 7 (1) ◽  
pp. 1-3
Author(s):  
Marcelle Burns
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Indigenous Nations ◽  
White Face ◽  
Indigenous Human Rights ◽  
The United Nations ◽  
United Nations Declaration

The United Nations’ Declaration on the Rights of Indigenous Peoples (2007) received a mixed reception. Some commentators viewed it as setting important normative standards for the recognition of Indigenous human rights within the international law framework, whilst others have been critical of the declaration for unduly limiting the nature and scope of Indigenous rights (Anaya 2004; Churchill 2011; Davis 2008; Moreton-Robinson 2011; Pitty 2001; Watson and Venne 2012). Indigenous Nations’ Rights in the Balance: An Analysis of the Declaration on the Rights of Indigenous Peoples by Charmaine White Face (2013) makes an important contribution to this debate by methodically charting the key changes made during the passage of the declaration through the United Nations process and highlighting the significance of these changes for the recognition and realisation of Indigenous rights.

scholarly journals Conversations about Indigenous Rights: The UN Declaration on the Rights of Indigenous Peoples in Aotearoa New Zealand

2019 ◽  
Author(s):  
Linda Te Aho
Keyword(s):  
New Zealand ◽  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
General Assembly ◽  
United Nations General ◽  
Aotearoa New Zealand ◽  
United Nations General Assembly ◽  
The United Nations ◽  
United Nations Declaration

This collection brings together a range of viewpoints and disciplines to emphasise the importance of the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration). Authors reflect on the Declaration’s impact 10 years after it was adopted by the United Nations General Assembly, and on ways to continue the journey towards implementation.

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