Kayano et al. v. Hokkaido Expropriation Committee (The Nibutani Dam Decision)

Abstract

Human rights — Indigenous peoples — Dam construction allegedly affecting indigenous people — Nibutani Dam in Saru River system, Japan — Land acquisition — Demand for compensation for Ainu people — Project documentation made available for public inspection — Project plan summarily approved by Minister of Construction — No opposition to project authorization — Administrative rulings confiscating land ownership rights and ordering surrender

Human rights — Minorities — Inherent right of minorities to enjoy their culture — International Covenant on Civil and Political Rights, Article 27 — Interests of indigenous minorities requiring greater consideration than those of other minorities — Value of ethnic diversity to all citizens of Japan recognized

Human rights — Property — Confiscatory administrative rulings not unconstitutional — Rulings must ensure propriety of administrative procedures impacting rights and interests of citizens — Project authorizations and confiscatory administrative rulings representing a sequence taking land — Legality of antecedent project authorization affected by confiscatory administrative ruling

Environment — Dam — Balancing of public benefits with private and public detriments — Detriments including effect on culture of Ainu people — Insufficient investigation of dam’s impact on Ainu culture