今 言論･表現の自由があぶない！

ヤマト、組織ぐるみで不正

　ヤマトホールディングス（ＨＤ）は３１日、子会社ヤマトホームコンビニエンス（東京）による法人向け引っ越し代の過大請求問題で、調査委員会による報告書を公表した。「悪意」を持った水増しが確認され、一部で組織ぐるみの関与も認めた。

商品の再設計が終わるまで、個人向けを含む全ての引っ越しサービスの新規受注を休止する。

ヤマトＨＤの木川真会長や山内雅喜社長ら幹部５人は役員報酬を自主返上する。

ＥＵ、夏時間制の廃止提案へ

【ブリュッセル共同】

　欧州連合（ＥＵ）のユンケル欧州委員長は３１日、夏時間と冬時間の間で時計の針を年に２回、１時間前後させるＥＵのサマータイム制度を廃止し、夏時間を標準時として通年採用することを加盟国と欧州議会に提案する考えを示した。ドイツ公共放送ＺＤＦに語った。欧州委は同日、提案策定への着手を発表した。

　欧州委は７〜８月、域内住民から意見を公募。約４６０万の意見が寄せられ、うち８４％が夏時間制に反対を示した。体調に悪影響などとする意見が目立った。

　２０２０年東京五輪・パラリンピックの暑さ対策として夏時間導入が議論されている日本にも影響が及びそうだ。

辺野古埋め立て承認取り消し

　8日に死去した翁長雄志知事は、亡くなる直前の7月27日、県庁で記者会見し、撤回手続きに入るよう関係部局長に指示したことを発表した。

　会見で翁長氏は「20年以上も前に決定された辺野古新基地建設を見直すこともなく強引に推し進めようとする政府の姿勢は到底容認できるものではない」と強い決意を示していた。

辺野古新基地：承認取り消しで副知事の会見　全文　「翁長知事の熱い思いをしっかりと受け止める」

2018年8月31日 16:29

　普天間飛行場代替施設建設事業に係る公有水面埋立承認について、本日、当該埋立承認を取り消しました。

　県は、これまで、承認後に生じた事由として、埋立承認に附した留意事項や環境保全措置に関する問題点等について、法的な観点から慎重に検討を行ってきたところですが、こうした問題点等は、取消処分の原因となる事実に該当すると判断し、本年8月9日に、沖縄防衛局に対し、聴聞を実施したところです。

　聴聞手続きにおいて、沖縄防衛局は、意見書と証拠書類を提出し、 行政庁に対して質問を行った上で、意見書に沿って意見を陳述した ところです。
　聴聞の結果については、8月20日に主宰者から、聴聞に係る調書と報告書が提出されましたので、調書の内容と報告書に記載された主宰者の意見について十分に参酌し、予定される取消処分について検討したところです。

　その結果、本件埋立承認については、留意事項に基づく事前協議を行わずに工事を開始したという違反行為があり行政指導を重ねても是正しないこと、軟弱地盤、活断層、高さ制限及び返還条件などの問題が承認後に判明したこと、承認後に策定したサンゴやジュゴンなどの環境保全対策に問題があり環境保全上の支障が生じることは明らかと認められたことなどから、
 ・公有水面埋立法4条1項1号で規定する「国土利用上適正且つ合理的なること」の承認要件を充足しないことが明らかになったこと
・留意事項1に違反していること
・公有水面埋立法4条1項2号で規定する「環境保全及び災害防止に付き十分配慮せられたるものなること」の承認要件を充足しな いことが明らかになったこと
が認められ、県としては、違法な状態を放置できないという法律による行政の原理の観点から、承認取消しが相当であると判断し、本日付けで、沖縄防衛局に対し、公有水面埋立承認取消通知書を発出したところです。

　8月8日に逝去された翁長知事は、平成26年12月の就任から、辺野古新基地建設阻止を県政運営の柱にし、県民のために自らを投げ打ち、まさに命を削り、その実現に向け取り組んできました。
　
　今回の承認取消しは、辺野古に新基地は造らせないという翁長知事の強く、熱い思いをしっかりと受け止めた上で、埋立承認の取消処分の権限を有する者として、公有水面埋立法に基づき適正に判断したものであります。

　辺野古新基地建設阻止の実現に向け、今後とも全力で対応していく考えでありますので、県民の皆様のご理解とご協力をよろしくお願い致します。

平成30年8月31日 
沖縄県副知事 謝花 喜一郎

■「違法状態放置できず」　謝花副知事、埋め立て承認取り消しの根拠を説明　「移設阻止に全力」と決意

 2018年8月31日

　米軍普天間飛行場の移設に伴う名護市辺野古の新基地建設を巡り、沖縄県の富川盛武副知事と謝花喜一郎副知事は、３１日午後４時から県庁で記者会見を開き、仲井真弘多前知事による辺野古の埋め立て承認を撤回したと発表した。

　国は県の撤回による新基地建設を進める法的根拠を失い、工事は中断する。会見で謝花喜一郎副知事は「違法な状態を放置できないという法律による行政の観点から、承認取り消しが相当であると判断した」と述べた。

　謝花副知事は、沖縄防衛局から反論を聞いた聴聞手続きの報告結果として①留意事項に基づく事前協議を行わずに工事を開始したという違法行為があり、行政指導を重ねても是正しない②軟弱地盤、活断層、高さ制限および返還条件などの問題が承認後に判明した③承認後に策定したサンゴやジュゴンなどの環境保全対策に問題があり環境保全上の支障が生じることは明らか−の違法性が認められたと指摘。「違法状態を放置できないとの行政の原理の観点から、承認取り消しが相当であると判断した」と説明した。

　さらに謝花副知事は「辺野古に新基地を造らせないという翁長（雄志）知事の強く、熱い思いをしっかりと受け止めた」とした上で、「名護市辺野古新基地建設阻止の実現に向け、今後とも全力で対応していく」と力を込めた。

　富川副知事は「聴聞報告書ができた時点から総合的、慎重に判断してきた行政手続きの結果であり、政治的な判断や時期の選択といったことは一切ない」と強調した。　

　県の撤回通知に対し、国は今後、法的対抗策として撤回の効力をなくす執行停止を求める訴訟を起こすことなどを検討している。当初、８月１７日から開始を予定していた辺野古海域への土砂投入は当面できなくなる。ただ、国が裁判所などに執行停止を求めて認められた場合、数週間から数カ月程度で工事が再開される見通しで、国と県は再び法廷闘争に入る。

【琉球新報電子版】

https://ryukyushimpo.jp/news/entry-794402.html

CERD/C/JPN/CO/10-11 23~49

 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.

https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/JPN/CERD_C_JPN_CO_10-11_32238_E.pdf

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