Something fishy in the settler law: Roslynn Ang, ‘Refusing settler sovereignty: salmon fishing for Ainu rituals’, International Journal of Heritage Studies, 2026

11Jan26

Abstract: Settler laws over Indigenous land are often an unquestioned norm, and depending on the political climate of the settler nation, some states do accommodate Indigenous access to natural resources for their cultural practices. However, what happens when Indigenous communities refuse to ask settler authorities for permission to practice their heritage? This paper examines the actions of an Ainu Ekashi (elder) who fished for salmon on the Monbetsu River for the Kamuy cep nomi, a ceremony to welcome salmon migrating upstream. While the Ainu are allowed to fish for ritual purposes, the Ekashi refused to ask the Hokkaido prefectural government for permission. Consequently, he faced criminal charges from the prefecture. His actions galvanised Ainu community members and scholar-allies across the island, raising the question of sustainability in commercial salmon fishing within Indigenous lands. I argue that the Ekashi’s refusal to obtain settler permission is an act of social justice towards the decolonisation of Indigenous lands. His action also highlights the unfinished nature of settler colonialism and its failure to represent Indigenous heritage. Consequently, political acts of refusal through the discourse of an authorised intangible heritage can be a strategy for regaining a degree of Indigenous sovereignty.