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我が国(日本国政府)のアイヌならびに先住民に関する認識の現状


[2007-2008]

資料解説:池田光穂

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ACT FOR THE PROMOTION OF AINO CULTURES AND OTHERWISE

promulgated on May 14, 1997

enforced on June 1, 1997

(1997 act No.52)

As of May 10, 2015

§ 1.(Aim)

This Act, taking into consideration the situation of Aino heritage which is a source of pride to the Ainu, is aimed at the realization of society where such folk pride is held in high regard as well as the development of our country’s manifold civilization through the advancement of policies for the diffusion of knowledge of the said heritage among the people and the promotion of their cultures that are a part thereof(in this Act, called “the promotion of Aino cultures and otherwise”).

§ 2.(Definition)

In this Act, “Aino cultures” mean—

(a)  the Aino language; and

(b)  music, dances, handicrafts and other cultural products handed down from generation to generation among the Ainu(including such ones as derived from the above).

§ 3.(Responsibilities of the State and local public entities)

(1)  The State shall endeavor to—

(a)  advance policies for the promotion of Aino cultures and otherwise, such as—

(i)   the upbringing of successors to Aino cultures,

(ii)  the enrichment of publicity activities for Aino heritage, and

(iii) the acceleration of inquiries useful for the said promotion;

(b)  give advice to local public entities and take other measures necessary for them to advance their policies for the said promotion.

(2)  Any interested local public entity shall work to implement policies for the promotion of Aino cultures and otherwise according to social conditions within its limits.

§ 4.(Care to policies)

The State and any interested local public entity must be careful to think much of the Ainu’s free will and folk pride on the occasion of implementing policies for the promotion of Aino cultures and otherwise.

§ 5.(Keynotes)

(1)  The competent Ministers” must establish the keynotes of policies for the promotion of Aino cultures and otherwise(hereinafter simply called “keynotes”).

(2)  The keynotes must contain—

(a)  fundamental matters concerning the promotion of Aino cultures and otherwise;

(b)  an outline of policies for the diffusion of knowledge of Aino heritage among the people;

(c)  a summary of policies for the promotion of Aino cultures;

(d)  items concerning inquiries useful for the promotion of Aino cultures and otherwise; and

(e)  important matters to be considered on the occasion of implementing policies for the promotion of Aino cultures and otherwise.

(3)  The competent Ministers who will establish keynotes must in advance—

(a)  take counsel with the chief of any interested administrative organ; and

(b)  seek the opinion of any prefecture under section 6.(1).

(4)  The competent Ministers that have established keynotes must without delay—

(a)  publish the said keynotes; and

(b)  send the said keynotes to any prefecture under section 6.(1).

(5)  Subsections (3) and (4) shall apply correspondingly to the case where an alteration is or has been made in the keynotes.

(6)  In this Act, “the competent Ministers” mean—

(a)  the Minister of Land and Traffic; and

(b)  the Minister of Art and Science.

§ 6.(Master plan)

(1)  A master plan shall be mapped out by any such prefecture as will be laid down in a cabinet order(hereinafter called an “interested prefecture”) comprehensively to implement its policies for the promotion of Aino cultures and otherwise in accord with social conditions within its limits in pursuance of the keynotes.


The Order to Laid down Prefectures on the ground of Section 6.(1) of the Act for the Promotion of Aino Cultures and Otherwise

Any “prefecture” under subsection (1) of section 6. of the Act for the Promotion of Aino Cultures and Otherwise that is a delegated matter to this order on the strength of the said subsection shall be Hokkaidō.


(2)  Such a master plan as prescribed in subsection (1)(hereinafter called a “master plan”) shall contain—

(a)  basic lines of the promotion of Aino cultures and otherwise;

(b)  matters concerning the implementation of—

(i)  policies for the diffusion of knowledge of Aino heritage from the people, and

(ii) policies for the promotion of Aino cultures; and

(c)  other important matters to be considered on the occasion of implementing policies for the promotion of Aino cultures and otherwise.

(3)  Any interested prefecture that has mapped out or revised its master plan must without delay submit to the competent Ministers and publish it.

(4)  The competent Ministers must make efforts to give any interested prefecture advice, recommendations and information necessary to facilitate the formation and smooth enforcement of a master plan.

§ 7.(Designation and others)

(1)  The competent Ministers may upon application make designation of only a general body corporate or foundation whose purpose is the promotion of Aino cultures and otherwise all over the country as what has the ability to conduct such affairs as specified in section 8.(a) to (e) properly and surely.

(2)  The competent Ministers who have made such designation as provided by subsection (1)(in section 12., simply called “designation”) must announce the following matters publicly—

(a)  the appellation of a body corporate or foundation that is the object of the said designation (hereinafter called “the designated legal person”); and

(b)  the address of the principal and any other office of such a body corporate or foundation.

(3)  The designated legal person that will alter its appellation or any address of its offices must in advance make a notification to that effect to the competent Ministers.

(4)  Where there has been such a notification as provided by subsection (3), the competent Ministers must make a public announcement of the altered matter.

§ 8.(Affairs)

The designated legal person shall—

(a)  bring up successors to Aino cultures;

(b)  with respect to Aino heritage, do activities for publicity and enlightenment in any other way;

(c)  make inquiries useful for the promotion of Aino cultures and otherwise;

(d)  give advice, subsidies and other support to persons—

(i)   that promotes Aino cultures,

(ii)  that enlighten the public on Aino heritage, or

(iii) make such inquiries as prescribed in paragraph (c); and

(e)  conduct other affairs necessary for the said promotion.

§ 9.(Business scheme and others)

(1)  The designated legal person must every financial year to draw up a business scheme and revenue and expenditure budget, as will be laid down in an ordinance of the Ministries of Land and Traffic, and Art and Science, to submit them to the competent Ministers.

      The same shall apply to the case where it will make an alteration in the said scheme or budget.

(2)  Any such business scheme as prescribed in subsection (1) must be drawn up in pursuance of the keynotes.

(3)  The designated legal person must after the termination of every financial year make out a business report and statement of final accounts for revenue and expenditure, as will be laid down in an ordinance under subsection (1), to lay them before the competent Ministers.

§ 10.(Collection of report and on-the-spot inspection)

(1)  The competent Ministers may within limits necessary to enforce this Act give an order that—

(a)  the designated legal person make a report on its affairs; and/or

(b)  officials in charge enter any office of the said person to—

(i)  make an inspection of the situation of its affairs or books, documents and other articles, and/or

(ii) put questions to any interested person.

(2)  Any official who makes an on-the-spot inspection on the strength of subsection (1) must carry a certificate that proves his status to show the identification card when a demand has been made by an interested person.

(3)  It shall in no wise be understood that the power of the competent Ministers to make an on-the-spot inspection on the ground of subsection (1) is allowed for the purpose of criminal investigation.

§ 11.(Order for improvement)

The competent Ministers may give an order that the designated legal person take measures necessary to improve the conduct of such affairs as specified in section 8.(a) to (e) when thinking it vital.

§ 12.(Revocation of designation and another)

(1)  The competent Ministers may revoke designation if the designated legal person disobeys such an order as provided by section 11.

(2)  The competent Ministers who have revoked designation on the ground of subsection (1) must make a public announcement to that effect.

§ 13.(Punitive provisions)

(1)  A person—

(a)  who has made no or a false report in contravention of subsection (1) of section 10.;

(b)  who has refused, clogged or shirked such an inspection as provided by the said subsection; or

(c)  who has given no or an untrue answer to any question addressed on the ground of the said subsection,

shall be punishable with a fine not exceeding 20,000 yen.

(2)  Where a representative, or a procurator, employee or any other worker of a legal person has done any guilty act under subsection (1) in connection with its business, not only shall the actor be punished, but upon the person shall a fine under the same be imposed.

Supplementary(Extracts)

1.  Date of enforcement

This Act shall come into force on such date as will be laid down in a cabinet order within limits not exceeding three months.

2.  Repeal of laws

The following laws shall be repealed—

(a)  the Act to Protect Aborigines in Hokkaidō(1899 act No.27): and

(b)  the Act to Dispose of Land in Asahikawa City to Protect Aborigines in Hokkaidō (1934 act No.9).

NOTE

The full text of the Act to Disposes of Land in Asahikawa City to Protect Aborigines in Hokkaidō:

We hereby ratify and promulgate the Act to Dispose of Land in Asahikawa City to Protect Aborigines in Hokkaidō with the approval of the Imperial Parliament to order its publication in the Official Gazette.

Hirohito

March 23, 1934

Premier

Viscount

Saitō Makoto

Chancellor of the Exchequer

 

Takahashi Korekiyo

Minister of Home Affairs

Baron

Yamamoto Tatsuo

ACT NO.9

§ 1.  The Governor of Hokkaidō may with the approval of the Minister of Home Affairs and the Chancellor of the Exchequer grant any tract of land within the limits of Asahikawa City that has been leased thereto for the purpose of protecting aborigines in Hokkaidō without compensation to what have special connection as property they own solely or jointly.

§ 2.  Section 2.(1) of the Act to Protect Aborigines in Hokkaidō shall apply correspondingly land granted by virtue of section 1.

§ 3.  No registration and local taxes can be levied upon any person who has acquired the ownership of land on the ground of section 1.

Supplementary

This Act shall come into force on such date[November 1, 1934] as will be laid down in an Emperor’s ordinance.


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