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Nibutani Dam
is a dam on the Saru River in Hokkaidō, Japan, which stands at Nibutani in Biratori town, Saru District. Work on the dam began in 1990. It was completed in March 1997,〔 despite objections from the local Ainu people.
==Controversy==
The building of the dam pit the Japanese government versus local Ainu. In a legal case filed by two Ainu landowners, Tadashi Kaizawa and Shigeru Kayano, the farmers claimed the government had illegally seized their land in February 1989.〔Mark A. Levin, (Essential Commodities and Racial Justice: Using Constitutional Protection of Japan’s Indigenous Ainu People to Inform Understandings of the United States and Japan ), New York University Journal of International Law and Politics, Vol. 33, 2001〕 The expropriation of land for dam violated their rights as Ainu for the protection of their cultural heritage as the fact that the dam construction would destroy sacred sites and ritual grounds had not been adequately considered in the forced taking of their lands.
In a landmark decision by the Sapporo District Court,〔(Nibutani Dam Decision (Levin trans.) )〕 Chief Judge Kazuo Ichimiya stated that the Ainu people had established a unique culture in Hokkaido before the arrival of the Japanese and therefore had rights that should have given consideration under Article 13 of Japan's Constitution, which protects the rights of the individual, and in the International Covenant on Civil and Political Rights.〔(of Japan http://www.solon.org/Constitutions/Japan/English/english-Constitution.html ), Art. 13; (Covenant on Civil and Political Rights http://www2.ohchr.org/english/law/ccpr.htm )〕 The Japanese government until this point had refused to acknowledge the Ainu as indigenous people. Since the dam was already complete, the 3-judge panel did not nullify the land seizure. However, the decision included extensive fact-finding that underscored the long history of the oppression of the Ainu people by Japan's ethnic majority, referred to as "Wajin" in the case and discussions about the case.〔(Nibutani Dam Decision (Levin trans.) ); see also Mark A. Levin, (The Wajin’s Whiteness: Law and Race Privilege in Japan ), Horitsu Jiho, Vol. 80, No. 2, 2008〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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