CERD/C/JPN/CO/10-11 para1~22

CERD/C/JPN/CO/10-11

ADVANCE UNEDITED VERSION 

Distr.: General 

30 August 2018 

Original: English

Committee on the Elimination of Racial DiscriminationConcluding observations on the combined tenth and eleventhperiodic reports of Japan* 

1. The Committee considered the combined periodic reports of tenth and eleventh(CERD/C/JPN/10-11), submitted in one document, at its 2662nd and 2663rd meetings(CERD/C/SR. 2662 and 2663), held on 16 August and 17 August, 2018. At its 2676thmeeting (CERD/C/SR.2676), held on 28 August 2018, it adopted the present concludingobservations.A. Introduction 

2. The Committee welcomes the submission of the tenth and eleventh periodic reportsof the State party. 

3. The Committee expresses its appreciation for the frank and constructive dialogue withthe State party’s large delegation. The Committee wishes to thank the delegation for theinformation provided during the consideration of the report, and for the additional writteninformation submitted during the dialogue.

 B. Positive aspects 

4. The Committee welcomes the following legislative and policy measures taken by theState party: 

(a) Adoption of Action Plan of Combat Trafficking in Persons in 2014, andestablishment of a Council for the Promotion of Measures to Combat Trafficking in Persons. 

(b) Adoption of the “Fourth Basic Plan for Gender Equality on 25 December2015; 

(c) Enforcement of the Act on the Promotion of Efforts to Eliminate UnfairDiscriminatory Speech and Behaviour against Persons Originating from Outside Japan (HateSpeech Elimination Act) in June 2016;(d) Enforcement of the Act on the Promotion of the Elimination of BurakuDiscrimination in December 2016;

 (e) Enforcement of the Act on Proper Technical Intern Training and Protection ofTechnical Intern Trainees in November 2017; 

* Adopted by the Committee at its ninety-sixth session (6-30 August 2018).CERD/C/JPN/CO/10-11ADVANCE UNEDITED VERSION Distr.: General30 August 2018Original: EnglishCERD/CJPN/CO/10-112C. Concerns and recommendationsPrevious concluding observations 

5. The Committee is concerned that several recommendations from its previousconcluding observations (CERD/C/JPN/CO/7-9) remain unimplemented.

 6. The Committee recommends that the State party ensure the implementation ofrecommendations contained in the present and previous concluding observations.Legal Framework on Racial Discrimination 

7. The Committee regrets that, despite its previous recommendations(CERD/C/JPN/CO/7-9, para 8-9), the definition of racial discrimination in the Constitutionis still not in line with Article 1 of the Convention, and that there is no comprehensivelegislation prohibiting racial discrimination in the State party (arts. 1 and 2). 

8. The Committee reiterates its previous recommendations that the State partyensure that its definition of racial discrimination is in line with article 1, paragraph 1,of the Convention, and include the grounds of national or ethnic origin, colour anddescent. The Committee also urges the State party to adopt specific comprehensivelegislation prohibiting direct and indirect racial discrimination in line with articles 1and 2 of the Convention.National human rights institution 

9. The Committee is concerned that the process of adopting a Human RightsCommission Bill was interrupted in 2012 since when no progress in establishing a NationalHuman Rights Institution has been made. 

10. While noting the State party’s acceptance to follow up a recommendation duringthe Universal Periodic Review in 2017 to accelerate efforts towards the establishmentof a National Human Rights Institution, the Committee recommends that the Stateparty establish a national human rights institution with a broad mandate to promoteand protect human rights, in compliance with the Paris Principles (General Assemblyresolution 48/134, annex).

 Reservation to Article 4 

11. The Committee regrets that the State party continues to maintain its reservation tosubparagraphs (a) and (b) of Article　4, which may affect the full implementation of theConvention (art. 4). 

12. Recalling its general recommendation No. 35 (2013) on combating racist hatespeech, which outlines diverse measures to effectively combat racist hate speech whileprotecting the legitimate right to freedom of expression, the Committee recommendsthe State party to examine the possibility of withdrawing its reservation to article 4 ofthe Convention and provide information to the Committee on its precise effects.Hate Speech and hate crimes 

13. The Committee welcomes measures taken by the State party to address hate speech,including the adoption of the Act on the Promotion of Efforts to Eliminate UnfairDiscriminatory Speech and Behaviour against Persons Originating from Outside Japan (HateSpeech Elimination Act) in June 2016. However it remains concerned that:(a) The scope of the Act is too narrow, is limited to hate speech towards persons“lawfully residing in Japan” and may provide very limited remedies for ethnic minorities inthe State party;(b) Even after the passage of the Act, hate speech and incitement to violencecontinue in the State party, in particular through rallies where demonstrators use violent hatespeech against ethnic minority groups, such as the Koreans;

(c) Hate speech through the internet and the media, and the use of hate speech anddiscriminatory statements by public officials continue; and(d) Such crimes are not consistently investigated, prosecuted and that publicofficials and private individuals remain unaccountable for racist hate speech and hate crimes(art. 4). 

14. Reiterating its previous recommendation (CERD/C/JPN/CO/7-9, para. 11) andrecalling its general recommendations No. 35 (2013) on combating racist hate speech,the Committee recommends that the State party:

 (a) Amend the Hate Speech Elimination Act to ensure that the proper scopecovers hate speech against any person and provides sufficient remedies for personsbelonging to ethnic minorities; 

(b) Adopt comprehensive legislation on the prohibition of racialdiscrimination covering crimes not covered by this Act, in order to strengthen the legalframework and access to remedies by victims;

 (c) With due regard to freedom of expression and assembly, ensure that theuse of hate speech and incitement to violence during rallies is prohibited andperpetrators sanctioned;(d) Take effective measures to combat hate speech through the internet andthe media, including the establishment of a self-regulating mechanism;

 (e) Provide detailed information in the next periodic report about theimplementation and impact of measures such as the Broadcast Act on preventingincitement to racial discrimination and racist violence through the media;(f) Deliver training programmes on hate crimes and the Hate SpeechElimination Act for law enforcement officers, including police, prosecutors and thejudiciary, including proper methods for identifying the racist motive of the crimes,registering complaints, and investigating and prosecuting incidents;

 (g) Investigate and apply appropriate sanctions for hate crimes, racist hatespeech, and incitement to hatred by private individuals or public officials including bypoliticians or media professionals; 

(h) Provide statistics on investigations, prosecutions, and convictions,disaggregated by the national origin and ethnicity of the victims, in its next periodicreport;

 (i) Enact an action plan to eliminate hate crimes, hate speech, and incitementto violence in the State party with concrete goals and measures and appropriatemonitoring;(j) Conduct educational campaigns to address the root causes of prejudicesand promote tolerance and respect for diversity, including in particular with a focus onthe role and responsibilities of journalists and public officials.Situation of the Ainu people 

15. While noting recent efforts by the State party to protect and promote the rights of Ainupeople, the Committee is concerned that 

(a) cases of discrimination against Ainu people inemployment, education and access to public services continue to be reported and that, despitesome improvements, there continues to remain a gap between the living standards of Ainupeople and other residents in Hokkaido; 

(b) While some efforts are being made to preserve Ainu language and culture, theprotection of land and natural resource rights and linguistic and cultural heritage of Ainupeoples is not sufficiently ensured;

 (c) The proportion of Ainu people remain low in consultative bodies, and onlyabout 1/3 proportion of the Council for Ainu Policy Promotion are Ainu people (art. 5).

 16. Recalling its general recommendation No. 23 (1997) on the rights of indigenouspeoples, the Committee recommends that the State party: 

(a) Step up efforts to eliminate discrimination against Ainu people inemployment, education, and access to services; 

(b) Ensure the monitoring of the implementation and impact of currentefforts such as the Third Promotion Policy for the Improvement of Ainu People’s Life,and provide information on this and other measures taken to improve the livingstandard of Ainu people in its next periodic report;

(c) Adopt measures to protect land and natural resource rights of Ainupeople, and continue to step up efforts for the realization of the rights to their cultureand language; 

(d) Increase the proportion of Ainu representatives in the Council of the AinuPolicy Promotion and in other consultative bodies.Situation of the Ryukyu/Okinawa 

17. The Committee is concerned that the Ryukyu/Okinawa people are not recognized asindigenous people despite its previous recommendation (CERD/C/JPN/CO/7-9, para. 21) andrecommendations from other human rights mechanisms. The Committee is further concernedat reports of violence against women in Okinawa as well as reported challenges faced by theRyukyu/Okinawa people related to accidents of military aircrafts in civilian areas, owing tothe presence of a US military base (art. 5). 

18. The Committee recommends that the State party reconsider its position onrecognizing the Ryukyu as indigenous peoples and step up measures to protect theirrights. The Committee recommends that the State party ensure the proper safety andprotection of Ryukyu/Okinawa persons, including women from violence and ensureproper prosecution and conviction of perpetrators.Situation of Burakumin 

19. The Committee, while welcoming the enforcement of the Act on the Promotion of theElimination of Buraku Discrimination in 2016, regrets that a definition of Burakumin doesnot exist in this Act or elsewhere. The Committee is concerned that discrimination continuesagainst Buraku in employment, housing and marriage. The Committee is also concerned thatillegal access and publication on the internet of family data and information of Buraku maysubject them to further discrimination. The Committee is also concerned by the absence ofinformation on resources allocated to apply this law (art. 5). 

20. Bearing in mind its general recommendation 29 on article 1, paragraph 1, of theConvention (descent) (2002), the Committee recommends that the State party: 

(a) Adopt a clear definition of Burakumin in consultation with the Burakupeople;

 (b) Identify discrimination against Burakumin as discrimination based ondescent; 

(c) Provide further information on steps taken to implement the Act on thePromotion of the Elimination of Buraku Discrimination , and its impact in its nextperiodic report; 

(d) Step up efforts to eliminate discrimination against Buraku people inemployment, housing, and marriage; 

(e) Provide information on measures taken to improve the socioeconomicsituation of Burakumin since the expiration of the Act on the Dowa Special Measuresin 2002; 

(f) Ensure consultation with Buraku people on all policies and measureswhich impact their rights;

(g) Ensure that family data of Burakumin is kept confidential and that casesrelated to the abuse of family registration data are investigated, prosecuted, andperpetrators sanctioned. 

(h) Recommends that the State party provide adequate funding forimplementing the Act on the Promotion of the Elimination of Buraku Discrimination.Situation of Koreans 

21. The Committee is concerned that Koreans, who have lived for multiple generations inJapan, remain foreign nationals and do not have the right to vote in local elections and cannotserve as national public servants engaging in the exercise of public authority or decisionmaking.The Committee is further concerned at reports that certain “Korean schools” havebeen excluded from support from the High School Tuition Support Fund. The Committee isalso concerned by reports that many Korean women suffer multiple and intersecting formsof discrimination based on nationality and gender, and suffer anxiety because of hate speechagainst their children. 

22. Bearing in mind its general recommendation No. 30 (2004) on discriminationagainst non-citizens, the Committee recommends that the State party ensure thatKoreans who have lived in Japan for many generations be allowed the right to vote inlocal elections, and serve as national public servants who can also engage in the exerciseof public authority or decision-making. The Committee reiterates its previousrecommendation (CERD/C/JPN/CO/7-9, para. 19), that the State party ensure that“Korean Schools” are not discriminated in funding from the High School TuitionSupport Fund, to ensure that Korean students have equal educational opportunities,without discrimination. The Committee recommends that the State party take effortsto ensure that Korean women and children are protected from multiple forms ofdiscrimination and hate speech.Profiling and Surveillance of Muslims