Ainu Dignity Rights Case

The real names, specific health issues including the listing of disease names such as hereditary syphilis and secondary trachoma, and hometowns of as many as 514 ethnic Ainu described with discriminatory expressions about Ainu such as “barbarous raceEthat had originally been published in “Research Report on the Hygienic Conditions of Kyu dojin [lit, Former Aborigines] in Yoichi-Cho Yoichi-GunE(Hokkaido Police Department, 1926) and “Ainu Medical MattersE(Fujihiko Sekiba, 1896) were reprinted and publicized by a researcher in 1980 in the “Ainu History Data BookE(8 volumes.)

Four Ainu Plaintiffs (one of whom was the grandchild of individuals whose names and diseases had appeared in the book) filed suit in Sapporo District Court against the researcher and the publisher requesting compensation for damages, collection of all copies of the book, and a formal apology since the reprinting and publication of these facts violated the dignity rights (“Jinkaku kenEin Japanese) of ethnic Ainu and it is against the convention that bars all forms of ethnic discrimination.

On June 27, 2002, the Sapporo district court civil section 4 dismissed the claim, ruling that “although the plaintiffs claim a violation of their dignity rights as members of an ethnic minority, the damage is indirect since the plaintiffs can only claim psychological pain as Ainu rather than specific violations of their privacy or dignity rights.E The Plaintiffs appealed on July 11, 2002 and five court hearing procedures were held at Sapporo High Court civil section 3. The next hearing is set for February 19. It is predicted that the defendants will submit counter-arguments and we ask support so that we will be able to have the opportunity to cross-examine the defendants and expert witness who had not been permitted in district court.