Committee on the Elimination of Racial Discrimination
Seventy-sixth session
15 February – 12 March 2010
Consideration of reports submitted by States parties under article 9 of the Convention
Concluding observations of the Committee on the Elimination of Racial Discrimination
Japan
1. The Committee considered the combined third to sixth reports of Japan (CERD/C/JPN/3-6) at its 1988th and 1989th meetings (CERD/C/SR.1988 and CERD/C/SR.1989), held on 24th and 25th February 2010. At its 2004th meeting (CERD/C/SR.2004), held on 9 March 2010, it adopted the following concluding observations.
A. Introduction
2. The Committee welcomes the submission of the third to sixth periodic reports by the State party. It expresses its appreciation for the constructive dialogue held with the large delegation, the written replies provided to the list of issues (CERD/C/JPN/Q/6) and the oral replies to the questions posed by Committee members, which together provided further insights into the implementation of the rights in the Convention. Noting that the State party report was considerably overdue, the Committee requests the State party to be mindful of the deadline set for the submission of future reports in order to meet its obligations under the Convention.
B. Positive aspects
3. The Committee notes with interest the State party’s pilot resettlement programme for Myanmar refugees (2010).
4. The Committee welcomes the support of the State party to the United Nations Declaration on the Rights of Indigenous Peoples (September 2007).
5. The Committee congratulates the State party for the recognition of the Ainu people as an indigenous people (2008) and notes with interest the creation of the Council for Ainu Policy (2009).
6. The Committee notes with appreciation the adoption of regulations against illegal and harmful information on the Internet, including the revised Guidelines for Defamation and Privacy (2004), the Provider Liability Limitation Law (2002) and the Model Provision for Contracts related to Actions against Illegal and Harmful Information (2006).
C. Concerns and recommendations
7. The Committee notes with concern that insufficient information regarding the concrete measures for the implementation of its previous concluding observations (CERD/C/304/Add.114) was provided by the State party and regrets their overall limited implementation and that of the Convention as a whole.
The State party is encouraged to comply with all recommendations and decisions addressed to it by the Committee and to take all necessary steps to ensure that national legal provisions further the effective implementation of the Convention.
8. While noting existing national and local provisions guaranteeing equality before the law, including article 14 of the Constitution, the Committee highlights that the grounds of discrimination in article 1 of the Convention are not fully covered. Further, while the Committee regrets the State party’s interpretation of racial discrimination based on descent, it is encouraged by information on steps taken by the State party in the spirit of the Convention to prevent and eliminate discrimination against Burakumin (art. 1).
The Committee maintains the position expressed in its general recommendation No. 29 (2002) “that the term ‘descent’ … has a meaning and application which complement the other prohibited grounds of discrimination” and “that discrimination based on ‘descent’ includes discrimination against members of communities based on forms of social stratification … and analogous systems of inherited status which nullify or impair their equal enjoyment of human rights.” Moreover, the Committee reaffirms that the term "descent" in article 1, paragraph 1, of the Convention does not solely refer to "race" and that discrimination on the ground of descent is fully covered by article 1 of the Convention. The Committee, therefore, urges the State party to adopt a comprehensive definition of racial discrimination in conformity with the Convention.
9.The Committee notes the view expressed by the State party that a national anti-discrimination law is not necessary and is concerned about the consequent inability of individuals or groups to seek legal redress for discrimination (art. 2).
The Committee reiterates the recommendation contained in its previous concluding observations (para. 10) and urges the State party to consider adopting specific legislation to outlaw direct and indirect racial discrimination, in accordance with article 1 of the Convention, and to cover all rights protected by the Convention. It also encourages the State party to ensure that law enforcement officials approached with complaints of racial discrimination have adequate expertise and authority to deal with offenders and to protect victims of discrimination.
10. While noting with interest that the State party held consultations and informal hearings with non-governmental organizations and other groups in the drafting of the report, the Committee regrets the limited opportunities for collection and exchange of information with such organizations and groups.
The Committee notes the positive contributions made in the field of human rights and the role played by non-governmental organizations (NGOs) in Japan and encourages the State party to ensure the effective participation of NGOs in the consultation process during the preparation of the next periodic report.
11. The Committee notes the information provided by the State party on the composition of the population but regrets that the available body of data does not allow for an adequate understanding and assessment of the situation of vulnerable groups in the State party.
The Committee, in accordance with paragraphs 10 and 12 of its revised reporting guidelines (CERD/C/2007/1) as well as its general recommendations No. 8 (1990) on the interpretation of article 1 of the Convention and No. 30 (2004) on discrimination against non-citizens, recommends that the State party conduct research into languages commonly spoken, mother tongue or other indicators of diversity of the population together with information from social surveys, on the basis of voluntary self-identification, with full respect for the privacy and anonymity of the individuals concerned, in order to evaluate the composition and situation of groups within the definition of article 1 of the Convention. The Committee further encourages the State party to provide updated disaggregated data on the non-citizen population in its next periodic report.
12. While taking account of the commitment of the State party to consider the establishment of a national human rights institution in accordance with the Paris Principles (General Assembly resolution 48/134),the Committee regrets the repeal of the proposed Human Rights Protection Bill, which included provisions for the establishment of a human rights commission, as well as the delays and overall absence of concrete actions and time frame for the establishment of an independent national human rights institution. The Committee also notes with concern the lack of a comprehensive and effective complaints mechanism (art. 2).
The Committee encourages the State party to draft and adopt a human rights protection bill and promptly establish a legal complaints mechanism. It also urges the establishment of a well-financed and adequately staffed independent human rights institution, in compliance with the Paris Principles, with a broad human rights mandate and a specific mandate to address contemporary forms of discrimination.
13. While noting the explanations provided by the State party, the Committee is concerned over the reservations of the State party to articles 4 (a) and (b) of the Convention. The Committee also notes with concern the continued incidence of explicit and crude statements and actions against groups, including children attending Korean schools, and the harmful and racist expressions and attacks via the Internet directed, in particular, against Burakumin (art. 4 (a) and b)).
The Committee reiterates its view that the prohibition of the dissemination of ideas based upon racial superiority or hatred is compatible with freedom of opinion and expression and, in this respect, encourages the State party to examine the need to maintain its reservations to article 4 (a) and (b) of the Convention with a viewtoreducing their scope and preferably their withdrawal. The Committee recalls that the exercise of the right to freedom of expression carries with it special duties and responsibilities, in particular the obligation not to disseminate racist ideas, and calls upon the State party once again to take into account the Committee’s general recommendations No. 7 (1985) and No. 15 (1993), according to which article 4 is of mandatory nature, given the non-self-executing character of its provisions. It recommends that the State party:
(a) Remedy the absence of legislation to give full effect to the provisions against discrimination under article 4;
(b) Ensure that relevant constitutional, civil and criminal law provisions are effectively implemented, including through additional steps to address hateful and racist manifestations by, inter alia, stepping up efforts to investigate them and punish those involved;
(c) Increase sensitization and awareness-raising campaigns against the dissemination of racist ideas and to prevent racially motivated offences including hate speech and racist propaganda on the Internet.
14. While noting the measures being taken by the State party to provide human rights education to public officials, the Committee reiterates its concern from previous concluding observations (para. 13) that discriminatory statements by public officials persist and regrets the absence of administrative or legal action taken by the authorities in this regard, in violation of article 4 (c) of the Convention. It is further concerned that the existing laws on defamation, insult and intimidation making statements punishable are not specific to racial discrimination and only apply in case of injury to specific individuals (arts. 4 (c) and 6).
The Committee reiterates its recommendation that the State party strongly condemn and oppose any statement by public officials, national or local, which tolerates or incites racial discrimination and that it intensify its efforts to promote human rights awareness among politicians and public officials. It also recommends with urgency that the State party enact a law that directly prohibits racist and xenophobic statements, and guarantees access to effective protection and remedies against racial discrimination through competent national courts. The Committee also recommends that the State party undertake the necessary measures to prevent such incidents in the future and to provide relevant human rights education, including specifically on racial discrimination, to all civil servants, law enforcement officers and administrators as well as the general population.
15. Noting that family court mediators do not have any public decision-making powers, the Committee expresses concern over the fact that qualified non-nationals are not able to participate as mediators in dispute settlement. It also notes that no data was provided regarding the participation of non-nationals in public life (art. 5).
The Committee recommends that the State party review its position so as to allow competent non-nationals recommended as candidates for mediation to work in family courts. It also recommends that it provide information on the right to participation of non-nationals in public life in its next report.
16. While noting with interest the increasing number of non-Japanese residents in the State party, including those applying for naturalization, the Committee reiterates the view expressed in its previous concluding observations (para. 18) that the name of an individual is a fundamental aspect of cultural and ethnic identity that must be respected. In this regard, the Committee expresses its concern that for naturalization purposes, applicants continue to change their names out of fear of discrimination rather than as acts of free choice (art. 5).
The Committee recommends that the State party develop an approach where the identity of non-Japanese nationals seeking naturalization is respected and that officials, application forms and publications dealing with the naturalization