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23. The Committee is concerned by the reported continuation of ethnic or ethno-religious profiling and surveillance of Muslims of foreign origin by law enforcement officials (art. 5).
24. Bearing in mind its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, the Committee recommends that the State party put an end to ethnic or ethnoreligious profiling and surveillance of Muslims of foreign origin by the police and undertake thorough and impartial investigations into all allegations of profiling and mass surveillance, holding those responsible accountable and providing effective remedies, including guarantees of non-repetition. Intersecting forms of discrimination and violence against women
25. The Committee remains concerned at reports of intersecting forms of discrimination against foreign, indigenous and minority women based on their national origin, ethnicity and gender and that they face various specific obstacles in overcoming poverty, in access to education, health care and employment. They often suffer of anxiety and psychological distress because of the stigma and hate speech against them and their families. The Committee is further concerned at the continued reports of violence against them and at the lack of information on measures taken to address violence against these women, including under the Fourth Basic Plan for Gender Equality (2015) as well as by the lack of data on investigations, prosecutions, and convictions of perpetrators of such violence. The Committee also reiterates its previous concern (CERD/C/JPN/CO/7-9, para.17) that Article 22-4 of the Immigration Control Act may prevent foreign women who are victims of domestic violence by their husbands from leaving abusive relationships and from seeking assistance, for fear of having their residency revoked.
26. Recalling its general recommendation No. 25 (2000) on the gender-related dimensions of racial discrimination and No. 30 (2004) on discrimination against noncitizens, the Committee recommends that:
(a) The State party ensure dedicated attention to women suffering of intersecting forms of discrimination and collect relevant statistics to better understand and address their specific challenges;
(b) Foreign, indigenous and minority women have the right and opportunity to participate in decision-making processes, especially when it affects their own situation;
(c) The State party take immediate measures to prevent violence against foreign, minority and indigenous women, including through the proper registration, investigation, prosecution and conviction of perpetrators of such violence. The Committee requests information in its next periodic report on specific measure under the Fourth Basic Plan for Gender Equality (2015) to prevent violence against foreign, minority and indigenous women as well as data on numbers of reported crimes of violence against women, disaggregated by ethnicity of victims, and numbers of investigations, prosecutions and convictions. The State party should also amend its legislation to ensure that it does not have the effect of forcing foreign women to remain in abusive relationships for fear of loss of residency status or deportation. “Comfort Women”
27. While noting information provided by the State party on the efforts to resolve the issue of “comfort women,” including the recent agreement with the Republic of Korea in 2015, the Committee is concerned at reports that these efforts do not take a fully victim-centred approach, that the surviving “comfort women” were not adequately consulted and that this solution did not provide unequivocal responsibility for the human rights violations committed against these women by the military before and during WWII. The Committee is also concerned by statements of some public officials minimizing the responsibility of the Government in respect to “comfort women” and their potential negative impact on survivors.
28. The Committee recommends that the State party ensure a lasting solution to the issue of “comfort women” with a victim-centred approach, inclusive of “comfort women” of all nationalities, accepting responsibility for its role in the violation of the human rights of these women. The Committee requests detailed information in its next periodic report on efforts to achieve resolution of the issue of “comfort women”, including adequate measures to surviving “comfort women” and their families. Situation of Migrants
29. The Committee is concerned at continued reports that migrants and their descendants who were born, raised and educated in the State party, continue to face entrenched societal discrimination, including restricted access to housing, education, health care, and employment opportunities (art. 5).
30. The Committee recommends that the State party take measures to address the root causes of societal discrimination against migrants and take measures to ensure their equal access to housing, education, health care and employment opportunities, without discrimination. Technical intern training programmes for foreigners
31. The Committee, while welcoming the enforcement of the Acton Proper Technical Intern Training and Protection of Technical Intern Trainees in November 2017 and measures taken to revise the technical intern training program, is nevertheless concerned that there is insufficient Government oversight, and lack of information on the implementation and impact of the Act.
32. The Committee recommends that the State party ensure that the technical intern-training program is properly regulated to ensure compliance with the Act and monitored by the Government. The Committee requests information on the implementation and impact of the Act in its next periodic report.
Situation of non-citizens
33. The Committee is concerned that:
(a) Non-citizens have reportedly been denied housing and employment because they are foreign nationals;
(b) Foreign nationals and individuals with a foreign appearance have reportedly been denied entry to and services of certain privately owned facilities like hotels and restaurants which otherwise serve the public, including through the posting of signage reading “Japanese only;”
(c) Non-citizens, in particular Koreans, continue to be excluded from the national pension scheme because of the age requirement;
(d) The State party has not yet amended its legislation to allow non-citizens to be eligible for basic disability pensions;
(e) Non-citizens and long term foreign residents and their descendants remain excluded from public positions that engage in the exercise of public authority or public decision-making because they do not have Japanese nationality;
(f) Some permanent residents must obtain a permit to re-enter the country prior to departing, even if they are departing only for a day, while others do not need such a permit.
34. Bearing in mind the Committee’s general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party:
(a) Ensure access to housing and employment to non-citizens and foreign nationals without discrimination;
(b) Create and enforce legislation against the posting of discriminatory signs and the practice of excluding public services by privately owned facilities such as hotel and restaurants to persons on the basis being a foreigner or of foreign appearance;
(c) Ensure that non-citizens are included in the national pension scheme;
(d) Amend legislation to allow non-citizens to be eligible for basic disability pensions;
(e) Allow non-citizens, especially long-term foreign residents and their descendants, to also have access to public positions that engage in the exercise of public authority or public decision-making;
(f) Eliminate the permit requirement prior to departure for some permanent residents so that they may enter and exit the country in the same manner as other permanent residents.
(g) Consider ratifying the 1954 Convention Relating to the Status of Stateless persons and the 1961 Convention on the Reduction of Statelessness. Refugees and asylum-seekers
35. The Committee is concerned by the reported very low rate of asylum applications accepted in the State party (19 out of 11,000 applications). The Committee is also concerned by the detention of asylum seekers without a fixed period of time. The Committee is concerned that applicants for refugee status normally may not work or receive social welfare leaving them dependent on overcrowded government shelters or vulnerable to mistreatment and labour exploitation.
36. Recalling its general recommendation No. 22 (1996) on refugees and displaced persons, the Committee recommends that the State party ensure that all applications for asylum status receive due consideration. The Committee recommends that the State party introduce a maximum period for immigration detention, and reiterates its previous recommendation (CERD/C/JPN/CO/7-9, para. 23), that detention of asylum seekers should only be used as a measure of last resort for the shortest possible period of time, and that efforts should be made to prioritize alternative measures to detention.
The Committee recommends that the State party allow applicants for refugee status to work six months after their applications. Trafficking in persons
37. While noting information on efforts to address trafficking in persons, including the updated Action Plan to Combat Trafficking in Persons in 2014, the Committee is concerned at reports that minority women and girls are still subject to trafficking in the State party, in particular for sexual exploitation. The Committee is also concerned that the State party has not yet adopted specific legislation criminalizing trafficking in persons, and that the number of arrests and convictions are low.
38. The Committee recommends that the State party step up efforts to combat trafficking in persons. The Committee recommends that the State party adopt specific legislation criminalizing trafficking in persons, and ensure that it thoroughly investigates, prosecutes and punishes perpetrators. The Committee requests information on the impact of the Action Plan to Combat Trafficking in persons on preventing trafficking in particular of minority women and girls, and provide data on numbers of investigations, prosecutions and convictions of perpetrators of trafficking, disaggregated by the nationality of the victims. D. Other recommendations Ratification of other instruments
39. Bearing in mind the indivisibility of all human rights, the Committee urges the State party to consider ratifying those international human rights instruments that it has not yet ratified, in particular treaties with provisions that have direct relevance to communities that may be subjected to racial discrimination, including the Optional Protocol of the Convention against Torture, the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming to the abolition of the death penalty, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the International Labour Organization Convention concerning Discrimination in Respect of Employment and Occupation (No. 111) (1958) and the International Labour Organization Convention concerning Indigenous and Tribal Peoples in Independent Countries (1989). Follow-up to the Durban Declaration and Programme of Action
40. In the light of its general recommendation No. 33 (2009), the Committee recommends that the State party give effect to the Durban Declaration and Programme of Action, adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (2001), taking into account the outcome document of the Durban Review Conference (April 2009), and that it report accordingly. International Decade for People of African Descent
41. In the light of General Assembly resolution 68/237, the Committee requests that the State party include in its next periodic report precise information on the concrete measures adopted in the framework of the International Decade for People of African Descent, taking into account the Committee’s general recommendation No. 34 (2011) on racial discrimination against people of African descent. Consultations with civil society
42. The Committee recommends that the State party continue consulting and increasing its dialogue with civil society organizations concerned with human rights protection, in particular those working to combat racial discrimination, in the preparation of the next periodic report and in follow-up to the present concluding observations.
Declaration under article 14 of the Convention
43. The Committee encourages the State party to make the optional declaration provided for in article 14 of the Convention recognizing the Committee’s competence to receive and consider individual communications. Amendment to article 8 of the Convention
44. The Committee recommends that the State party ratify the amendment to article 8 (6) of the Convention adopted on 15 January 1992 at the fourteenth meeting of States parties to the Convention and endorsed by the General Assembly in its resolution 47/111. Common core document
45. The Committee encourages the State party to submit to it a common core document to replace its core document (HRI/CORE/JPN/2012), issued in 2012, in accordance with the harmonized guidelines on reporting under the international human rights treaties, in particular those on the common core document, as adopted at the fifth inter-committee meeting of the human rights treaty bodies, held in June 2006 (HRI/GEN/2/Rev.6, chap. I). In the light of General Assembly resolution 68/268, the Committee urges the State party to observe the limit of 42,400 words for such documents. Follow-up to the present concluding observations
46. In accordance with article 9 (1) of the Convention and rule 65 of its rules of procedure, the Committee requests the State party to provide, within one year of the adoption of the present concluding observations, information on its implementation of the recommendations contained in paragraphs 10 and 32 above. Paragraphs of particular importance
47. The Committee wishes to draw the attention of the State party to the particular importance of the recommendations contained in paragraphs 14, 22, and 34 above and requests the State party to provide detailed information in its next periodic report on the concrete measures taken to implement these. Dissemination of information
48. The Committee recommends that the State party’s reports be made readily available to and accessible by the public at the time of their submission and that the concluding observations of the Committee with respect to those reports be similarly publicized in the official and other commonly used languages, as appropriate. Preparation of the next periodic report Preparation of the next periodic report
49. The Committee recommends that the State party submit its combined twelfth to fourteenth periodic reports, as a single document, by 14 January 2023, taking into account the reporting guidelines adopted by the Committee during its seventy-first session (CERD/C/2007/1) and addressing all the points raised in the present concluding observations. In the light of General Assembly resolution 68/268, the Committee urges the State party to observe the limit of 21,200 words for periodic reports.
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