※※ DraftStatement (Revised)
To: Governmental and NGO Representativesattending the 2nd UPR of Japan:
Japanese Association for the Right toFreedom of Speech (JRFS)
NGO in Special Consultative Status withthe ECOSOC
Revisedon October 30, 2012
Firstissued on August 30, 2012
The Japanese Associationfor the Right to Freedom of Speech wishes to propose the recommendations setout below in the new order of priority to be issued to the Government of Japan:
Followingthe announcement on September 11, 2012 of the alarming results of the healthsurvey on children conducted by Fukushima Prefecture Authorities, ourAssociation decided that we should give top priority to the urgent collectiveevacuation of the children of Fukushima in our proposal for HRC Recommendationto the Japanese Government. We have subsequentlypresented our revised proposal to the Ambassadors to Japan of the troikacountries as well as to the Ambassador of France to Japan who is also in chargeof human rights affairs for the European Union.
Shortly before thecurrent session of the UPR, on September 11, 2012, 33 years after theratification of the ICESCR, the Japanese Government finally ratified theparagraphs 2-B and C of Article 13 of the International Covenant on Economic,Social and Cultural Rights, by withdrawing its reservation for the provisionsconcerning free higher education. We therefore did notinclude the ratification of the Article concerned in our proposal of August 30.
1.Toguarantee the right to seek refuge of children of Fukushima and drasticallyimprove
their health management
2.Toimmediately ratify the individual communication system to establish theseparation of powers, paving the way to the application of the UniversalDeclaration of Human Rights and International Human Rights Covenants andturning the country into a state ruled by law, respectful of universalfundamental human rights;
3. Torepeal Public Office Election Law provisions concerning freedom of expression(ban on distribution of flyers and door-to-door visits) and the State PersonnelLaw (Article 102) to establish political rights, foundation of any democraticstate.
Japanese Association forthe Right to Freedom of Speechrepresents citizens of all ages who are victims of human right abuses and are fightingin court as well as their supporters and other human rights defenders. They include victims of repression for havingdistributed political flyers, as well as teachers who were punished for notaccepting emperor-glorifying Hinomaru flag and Kimigayo song as nationalemblems. In November 2007, ourAssociation joined the Japanese Workers’ Committee for Human Rights and inMarch 2008 submitted its first report to the UNHRC. In April 2012, our members, plaintiffs of theHinomaru and Kimigayo cases submitted a counter-report jointly with the JapaneseWorkers’ Committee for Human Rights.
1.Toguarantee the right to seek refuge of children of Fukushima and drasticallyimprove their health management
In the context of growing poverty among people with children, the PrimeMinister’s Cabinet Office in June 2012 announced that the number of suicidesamong students and school children exceeded 1,000 for the first time since thesurvey began in 1978, reaching 1,029. The total number of suicides sharply increased in 1998 to exceed30,000. For 14 consecutive years sincethen, more than 30,000 people commit suicide every year in Japan.
Fukushima prefecture is located in one of the poorest regions and mostof the families with children are not able to afford adequate health managementmuch needed to cope with the effects of radiation contamination. They also need money to evacuate thecontaminated area and start a new life in a safer place. Collective evacuation financed by publicauthorities should be ensured for the people affected by earthquake and nuclearpower plant accident.
2. ForImmediate Ratification of the First Optional Protocol to the ICCPR (individualcommunications)
After the last UPR, the current rulingparty won the general election with the promise that it would establish theindividual communication system. However,the successive Justice Ministers have failed to keep that promise. On the contrary, especially after the March11 Great Earthquake, the parliamentary secretary and a high official in chargeof human rights and humanitarian question in Ministry of Foreign Affairs whowere active for promoting human rights have been removed from their posts andreplaced with others who claim that “some groups are opposed to theratification”. The problem is not merelythe lack of political will.
It is essential to understand that,more than half a century after the Universal Declaration of Human Rights, theJapanese Government does not only neglect the implementation of the UNHRCrecommendations but is acting against the principles of Universal Declarationof Human Rights.
In fact, it argued back against the UNHRC’srecommendations on its Second Periodic Report to avoid the implementation ofthese recommendations. In the courttrials on nuclear power plants, the Government did not disclose all informationwhich fact led to the proliferation of nuclear plants all over Japan. In addition, the Government has neglectedmeasures to prevent accident and caused the explosion of reactors at FukushimaPlant. The people of Fukushima who sufferedheavy damages from the earthquake and tsunami have been driven away from theirhome due to radiations and are now left without any adequate economiccompensation. Because of lack ofinformation that should have been provided quickly after the accident, childrenwho are very vulnerable to radioactivity have been exposed and are now deniedtheir rights to health management and to seek refuge for safety. Continued human rights violations perpetratedon the people of Fukushima and the workers of nuclear power plant constitute amajor humanitarian problem.
The Foreign Ministry in July this yearorganized the “World MinisterialConference on Disaster Reduction in Tohoku”, but most of the officers incharge of the event, do not know about the human rights treaties or UNHRCrecommendations. Even Fukushimaprefecture governor and mayors of cities and towns in the prefecture do notknow about the treaties and recommendations that serve as international legalstandards.
In addition, the Japanese Governmentauthorized the re-start of Ohi nuclear power plant whose safety has yet to beconfirmed. This poses a threat to theentire international community and testifies to the hostile attitude ofJapanese Government against the UN Charter, the Universal Declaration of HumanRights and International Human Rights Covenants.
3.For Repealing the PublicOffice Election Law and the State Personnel Law (Article 102)
The Human Rights Committee in 2008recommended to the Japanese government the abrogation of these two laws. Their repeal is essential for establishingpolitical rights of the Japanese people. A just and fair election of members of parliament who make laws is thesurest way to realize the aspiration of all those who are taking up humanrights challenges. And it is essential forpeace in Asia and the world to achieve a major change in the governmentalpolicy on human rights and turn Japan, an aggressor country in the WWII, into acountry respectful of human rights.
In Japan, the Foreign Ministry, thejudiciary and the prosecution continue to totally ignore the Human RightsCommittees 2008 recommendation (paragraph 26).
Mr. Horikoshi, charged of violation ofthe Public Personnel Law, was judged not guilty by the High Court, but theCourt did not give any decision about the ICCPR violation. The presiding judge did not accept to take 22videos secretly taken by police agents as material evidence for the crimecommitted by the police. Tokyo HighPublic Prosecutor Haruo Kazama appealed to the Supreme Court and was laterpromoted to Supreme Public Prosecutor General.
In 2011, Mr. Katsuhisa Fujita, teacherat Itabashi Tokyo Metropolitan High School was fined 200,000 yen (1800dollars) by the Supreme Court for having disobeyed theeducation board order to sing “Kimigayo” song at school ceremonies. Over 700 public school teachers who refusedto stand up and sing “Kimigayo” and suffered prejudicial treatment took theircases to court. In 10 out of 21 such cases,teachers lost the legal battle in Supreme Court in total disregard of theICCPR. The Court decisions are used toimpose “Hinomaru” flag and “Kimigayo” song on school children.
On the pretext of these unfair SupremeCourt decisions, the Ministry of Education allows Osaka City Mayor to enact abylaw banning any political activity of teachers and municipal personnel,through amendment of the Local Public personnel law by invoking Article 102 ofthe State Personnel Law.
As it is escalating its action againstfreedom of speech and thought, the Government in the parliament in session atthis moment is attempting to pass a law to reduce the proportionalrepresentation seats by 80 to enable it to obtain majority in the parliamentand scrap Article 9 of the Constitution. If this happens, it would give a decisive blow to democracy in ourcountry. This poses also a threatagainst the international community.