Ainu Group Files Lawsuit to Recover Ancestral Remains from State Facility
A group of Ainu indigenous people in Hokkaido is taking legal action against the Japanese government to reclaim the remains of their ancestors. The lawsuit, filed Friday with the Sapporo District Court, demands the return of 279 Ainu ancestral remains currently held at a state-managed facility.
The legal challenge was initiated by the Shibechari Ainu Tribe, an organization established in 2019. The plaintiffs consist of Ainu descendants who live in kotan (traditional settlements) within and around the town of Shinhidaka.
The Dispute Over Upopoy’s Memorial Facility
The remains at the center of the lawsuit are stored in a memorial facility at the National Ainu Museum and Park, known as Upopoy. The facility is managed by the land ministry.
According to the complaint, these remains were originally removed from the Shinhidaka area by several institutions, including the University of Tokyo and Hokkaido University, for research purposes. While the universities previously held the remains, they waived their rights to them when the remains were transferred to the state’s memorial facility.
Cultural Rights and International Law
The Shibechari Ainu Tribe argues that the government’s current handling of the remains contradicts both Ainu tradition and international legal standards. The plaintiffs highlight two primary points in their complaint:
- Traditional Burial Customs: The Ainu people maintain a custom of conducting funerals and burials within their kotan settlements.
- Ownership Concepts: The plaintiffs assert that Ainu culture has no concept of individuals holding ownership rights over human remains.
The group further contends that international law recognizes the right of kotan settlements to care for such remains, and that this right belongs specifically to the descendants filing the suit.
Asserting Indigenous Rights
Tsutomu Takatsuki, the chair of the Ainu organization, expressed that the lawsuit is a necessary step to challenge government policies. During a news conference following the filing, Takatsuki stated that the government’s existing guidelines for the return of remains effectively deny the rights of the Ainu people.
“The suit holds a major significance in that it’s intended to assert our rights and realize the return,” Takatsuki said.
Key Takeaways: The Shibechari Ainu Tribe Lawsuit
- The Demand: Return of 279 ancestral remains to their descendants.
- The Location: Remains are currently held at the Upopoy National Ainu Museum and Park.
- The Plaintiffs: The Shibechari Ainu Tribe, representing descendants in Shinhidaka kotan settlements.
- The Legal Basis: A combination of traditional burial customs and international law regarding indigenous remains.
This legal battle marks a significant effort by the Ainu people to move beyond state-managed memorials and reclaim the right to provide traditional burials for their ancestors.