Problems from the Buraku Perspective- BLHRRI

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NGO Information in Regard to the Fifth Periodic Report of the Japanese Government on the International Covenant on Civil and Political Rights (ICCPR)

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Problems from the Buraku Perspective

Kenzo Tomonaga
Director BLHRRI

=>Japanese

1. Recommendations of the HRC on the 4^th Report, and the 5^th Report:

Concluding observations on the 4^th report of the Japanese Government made by the HRC on November 19, 1998 included the following recommendation regarding Buraku problem:

15. With regard to the Dowa problem, the Committee acknowledges the acceptance by the State party of the fact that discrimination persists vis-a-vis members of the Buraku minority with regard to education, income and the system of effective remedies. The Committee recommends that the State party take measures to put an end to such discrimination.

Behind the recommendation, the Human Rights Committee acknowledged with concern about the facts of Buraku discrimination including the gap in the high school and college enrollments between Buraku students and the national average, high rates of unemployment and unstably employment among Buraku people, and almost no complaints about discrimination with the Legal Affairs Bureau or Human Rights Commissioners when Buraku people suffered discrimination. Was the 5^th report of the Japanese government based on the recommendation for the previous report? For the question, let us see how the 5^th report discusses about Buraku problem in relation to Article 26 “equality before the law” of the ICCPR.

360. The Constitution of Japan guarantees equality under the law for the people of Japan and no discrimination against Dowa district residents exists under the laws of Japan.

361. With a view to prompt resolution of the Dowa problem, the GOJ has been implementing special policies limited to Dowa districts and residents thereof, based on three Special Measures Laws since 1964. These special policies have been implemented taking into account the intents of the 1965 report of the Dowa Policy Council, a national body set up to deliberate on the Dowa problem, with the objectives of rapidly improving the poor economic conditions and inferior living environment of Dowa districts through measures carried out promptly and over a limited timeframe. Through promotion of these measures, the GOJ is aiming to resolve the Dowa problem, or in other words, to eliminate buraku discrimination (Attached Document 11).

362. As a result of the efforts of the national government and local authorities over many years, large improvements, including those in the living environment, have been realized, rectifying the gap that had existed in various aspects, and the conditions in Dowa districts have largely improved. The fact-finding surveys carried out in Dowa districts by the former Management and Coordination Agency in FY1993 (Attached Document 12) revealed, concerning the situation of the housing environment, that the average number of rooms per house within Dowa districts was higher than the national average, and that the share of municipal roads developed within Dowa districts was higher than for municipalities overall. Moreover marriages between Dowa district residents and non-Dowa district residents make up the majority of marriages among young people, so it seems that discriminatory attitudes are also steadily disappearing.

363. Taking into account these circumstances, with the expiration of the Law regarding the Special Fiscal Measures of the Government for Regional Improvement Projects on March 31, 2002, it was decided to end special polices to resolve the Dowa problem.

2. Unstated Facts of Discrimination in the Employment and Education:

As stated in the fifth periodic report, the Japanese government takes the view regarding Buraku problem that it has basically been solved by measures taken by the state and local public entities which led to the termination of special measures under the Special Law for Dowa Measures. This attitude is clearly indicated by the statements: “ “. To demonstrate these statements, the government intentionally attached the data on “Situations of Habitats (average numbers of rooms and tatami mats),” “Road conditions in Municipalities,” and “Marriage status (numbers of couples by birth places)” from the “Results of Survey on Actual Conditions of Life of Dowa Districts” of 1993 (summary).

With measures implemented for the continuous 33 years under the “Special Law on Dowa Measures” from 1969 to March 2002, the habitat of Buraku areas has definitely been improved. However, in the areas of employment and education, tangible gaps have still remained between Buraku and non-Buraku communities to date. It was specifically pointed out in the opinions presented by the Council for Regional Improvement Measures in May 1996. The opinions were made based on the government survey to find the actual conditions of life in Dowa districts in 1993. It stated:

“The ratio of students in Dowa districts progressing to high schools has been over 90% for the past several years, but it is still lower that the national average. Regarding the educational backgrounds, numbers of those who finished tertiary education (junior colleges and four-year colleges) are bigger in their 20’s and 30’s than 40’s in Dowa districts. Yet, these are comparatively smaller than those of national averages.

Regarding the employment situation, it is more stable among the younger generations than the older generations, but the comparison with the national averages show that the percentage of those who are under the unstable employment situations is higher than the national average. Overall, people tend to work at smaller size companies. In terms of annual salaries, those of people in Dowa districts stay on the lower levels in comparison with the national averages, and family incomes are still on the lower levels as well. Many of those households engaged in the agriculture are small in size, and those engaging in agriculture are getting older. Many of those households engaged in business are small in size, and usually self-employed.” (excerpt from (2) status and challenges, under 2. Past developments and present status of measures taken for the solution of Dowa problem).

However, in the 5^th report, no explanation is made regarding the solution of discrimination in the employment and education despite the recommendation of the HRC on the 4^th periodic report and the opinions of the Council for Regional Improvement Measures.

3. No National Survey Conducted Since 1993

The government has not yet conducted any national survey to find real conditions of Buraku since 1993. By the end of March 2002, special measures under the “Law on Special Measures” were terminated after 33 years of implementation. Also, the promotion of liberalism market economy under the globalization since the last half of 1990’s has helped the widening of gaps in society. Taking the outcomes of the widened gaps into considerations, it is fair to assume that the life in Buraku especially in terms of employment and education has sharply got worse. The government is urged to conduct a survey to find the today’s conditions of life in Buraku areas throughout the country. With outcomes of such a national survey, it is strongly required to draw basic policies and basic plan of actions toward the elimination of Buraku discrimination. In addition, it is urged that the government creates a service within the Cabinet Office that specifically has general coordination and project planning functions.

At the local governmental level, several surveys have been conducted after 1993, and difficult conditions in employment and education in Buraku districts have been revealed. For example, in 2000 Osaka Prefecture conducted the survey on actual conditions of Dowa districts in Osaka prefecture for the solution of Dowa problem. Based on the outcomes, the Osaka Prefecture Deliberation Council on Dowa Measures clarified the following challenges in the areas of education and employment in its report:

(3) The progression rate to high school has increased to above 90%, showing the drastic improvement although it is still lower than the average of Osaka prefecture by 3 to 4 percents. Regarding the entry in colleges, a wide gap still exists. Also, the drop-out ratio among high school students in Dowa districts is relatively high, and it still remains as a big educational challenge.

(8) The percentage of possession of personal computers in Dowa districts is much lower than the national average. Usage rate of the Internet is half of the national average. In the advanced information society, an information gap is generated between those who can use information technologies and those who cannot. It is afraid that such a gap will help generate social and economical gaps. For this reason, it is important to have “a information barrier-free” so that everyone can enjoy advantages of information communications.

(9) Unemployment rates of men and women in Dowa districts both exceed the averages of Osaka prefecture. Among others, the unemployment rate among the young generations is very high, and the one for men in their 40’s doubles that of average of Osaka prefecture. For this, it is important to take an overall approach that will lead to employment. Rates of regular employment and monthly salaries were higher among younger generations in the 1990 survey of Osaka prefecture, indicating the stable employment among young generations. However, the survey this time does not indicate such a tendency.

4．Marriage Discrimination still Remains as Serious Problem

In the fifth periodic report, it is stated that “marriage between Dowa-related persons and others has become the majority, suggesting that the discriminatory attitude is definitely being solved.” It is true that marriage between Buraku persons and non-Buraku persons has increased. It can be the fruits of Buraku liberation movement and educational activities for the elimination of Buraku discrimination. Yet, it does not mean the eradication of discrimination at the time of marriage. There have been quite a number of cases that were broken up in the course towards marriage between Buraku persons and non-Buraku persons. Even those who have reached the goal, some of them still suffer from opposition by relatives who do not attend the wedding or who do not associate with the couples.

The fifth report does not touch on these aspects. The afore-mentioned 2001 report of the Osaka Prefecture Deliberate Council of Dowa Measures does describe the problem as follows:

(2) Marriage between persons in a Dowa district and outside Dowa district has steadily increased, especially among younger generations. More than 20% of couples of such a marriage pattern have experienced discrimination at the time of their marriage. Among those who identify themselves having Dowa backgrounds, 20% of them had their engagement broken, and nearly half of these people consider that it was attributable to Dowa problem. About 20% of residents of Osaka prefecture indicate that they would be concerned if the other party is from Dowa district or not at the time of their marriage. This indicates that Dowa problem gives some impacts on the views of Osaka residents towards the marriage. While decisive actions to solve discriminatory attitude are obviously needed, it is also important to have good consultation programs for those who are going to marry despite discrimination they face.

5. Personal Background Investigation by Investigative Agencies　Needs to Be Eradicated

The fifth report discusses about the personal background investigation conducted by private detective agencies in the paragraph regarding the respect of privacy under Article 17.

296: Since there is a significant risk that illegal background checks carried out by credit agencies would encourage discrimination with respect to marriage, dating and gaining employment, in cases where a human rights infringement has been confirmed the human rights organs under the MOJ carry out an appropriate response based on the facts of the case. For example, they instruct and urge the perpetrator and the persons concerned to have respect for human rights.

It is assumed that the above statement reflects complaints brought to the authorities by the people related to Buraku liberation movement explaining that the personal background investigation carried out by private investigative agencies such as credit agencies or detective agencies has been involved in at the time of marriage and employment.

However, the statement does not touch upon the facts regarding the personal background investigation often involving the illegal acquisition of copies of others’ family registers, and the discovery of new versions of Buraku List, especially in the form of floppy discs since the end of 2005. To address these serious problems, “direction or guidance and education for those involved” is not sufficient at all. It is required to have new legal restrictions or fundamental revision of related laws, but the report also does not refer to this.

Why are Buraku Lists and family registers “used” at the time of employment and marriage? Nobody can judge who has Buraku origin and who is not by appearance. Because of this, people in the public make their own judgment that the person in question has Buraku origin on the grounds that “the person in question lives (or used to live) in a Buraku area,” “his/her parents or grandparents live (or used to live) in a Buraku area, though the one in question never lives in a Buraku area,” or “the domicile address of the person in question is located in a Buraku area, though he/she or his/her parents or grandparents have never lived in a Buraku area.”

6. A Spate of Illegal Acquisition of Copies of Family Registers

For many years, the illegal acquisition of one’s copy of family register has been occurred to check the one’s background at the time of employment or marriage. In recent years, it occurred in Kyoto in July 2003 where an administrative scrivener abused its vocational power to get a copy of family register of one woman with Buraku background, who then was subject to the marriage discrimination. In November 2004, the similar case was discovered in Hyogo prefecture in which an administrative scrivener abused his vocational power to get copies of others’ family registers. In investigating the case, it was revealed that the scrivener illegally acquired copies of family registers at least 653 times to respond to requests made by private investigative agencies, and that among private investigative agencies it has been a usual practice to borrow and lend the Buraku List for the purpose of checking in ones’ personal backgrounds. In the campaign calling for the complete elucidation of these scandals by the movement, similar illegal acts have been made by administrative scriveners in Osaka, Aichi, Tokyo and other prefectures. On top of it, it was discovered that one investigative agency in Nagoya had forged a number of letters of attorney to illegally get copies of family registers. Illegal acquisitions of copies of family registers by administrative scriveners have continued to take place since then. For instance, during the period from May 2006 to February 2007, an administrative scrivener in Mie prefecture illegally acquired copies of family registers of 511 people upon the requests of an investigative agency in Kanagawa prefecture.

With a series of these illegal acquisitions of copies of family registers by administrative scriveners, the Family Registration Law was revised in April 2007 to set clear limits on eligible persons who can apply for copies of family registers at municipal halls and put stricter conditions on occasions of application. Also, stricter conditions are placed on eight lines of work including administrative scrivener and lawyers that have vocational power to apply for copies of family registers, and discovery of illegal acquisitions are to be criminally sanctioned.

These revisions have constituted progress to some extent. Yet, it is still not yet legally bounded to notify the very one whose copy of family register is acquired by these professionals of such acquisition. In other words, copies are acquired without knowledge of persons concerned. They even do not know how their human rights are being abused with the illegal acquisition of copies of their family registers. It is a well known principle that any personal information must be collected with the consent of the person concerned or in the situation that allows the person concerned can be aware of such collection. Even the latest revision of the Family Registration Law does not uphold the principle in regard to the most important and sensitive information about individuals contained in the family register. It is urged to revise the Family Registration Law to uphold and protect the principle as early as possible.

7. Discovery and Collection of Electronic Version of Buraku List

The fifth periodic report does not touch upon the disturbing fact that after December 2005, new versions of Buraku List have been discovered and collected from investigative agencies.

During the period from December 2005 to January 2006, Osaka Prefectural Association of Buraku Liberation League (BLL Osaka) collected three Buraku Lists from investigative agencies in Osaka. Human Rights Protection Bureau of the Ministry of Justice has officially acknowledged the existence of eight different versions of Buraku List. Of these three collected by BLL Osaka, two appear new versions besides from the eight, meaning that at least ten different versions have existed. Three versions include one hand-written, one type-written, and the other copied. The last one copied suggests that there must be an original somewhere, and other agencies may still retain the same copies.

Worse, the BLL Osaka found and collected the floppy discs that contain information of Buraku Lists. Considering the wide use of computers and Internet of today, it is really disturbing that private investigative agencies have retained the electronic version of Buraku List, and drastic measures including legal restrictions are required to address the problem.

8. Propaganda and Incitement of Discrimination on the Internet

In regard to Article 20 “Prohibition of Propaganda for War,” the fifth periodic report explains about propaganda and incitement of discrimination on the Internet as follows:

316. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence would be punished in accordance with following legislation; if the advocacy includes contents damaging to the honor or credibility of a specific individual or group, the Penal Code as defamation (Article 230), insult (Article 231) or damage to credit, obstruction of business (Article 233) would be applied, and if the advocacy includes contents that are threatening to specific individuals, the Penal Code as intimidation (Article 222), and the Law Concerning Punishment of Physical Violence and Others as collective intimidation (Article 1) and habitual intimidation (Article 1.3) would be applied. Instigation and assistance for such acts are also subject to punishment under the Penal Code (Articles 61 and 62 respectively).

317. The human rights organs under the MOJ believe that the dissemination of discriminatory expression, such as discriminatory graffiti and discriminatory writings, and acts that infringe on the privacy of individuals or groups through abuse or slander are issues that cannot be ignored and have been making active efforts to eliminate these practices, including by endeavoring to encourage the concept of respect for human rights through various opportunities. When such incidents are detected, the human rights organs under the MOJ work to prevent or remedy the harm caused by the human rights infringement, including by endeavoring to identify the perpetrator and if the perpetrator has been identified take measures to instruct and encourage him/her.

318. In recent years, the dissemination of discriminatory expression on the Internet has become a serious issue. The human rights organs under the MOJ believe, from the perspective of human rights protection, that this is an issue that cannot be ignored and when specific incidents have been detected, they make requests to the Internet bulletin board administrator to delete the discriminatory contents and take the various measures stated above in accordance with the circumstances of the incident, while giving sufficient consideration to the right to freedom of expression.

It is assumed that behind the above statements there have been circumstances that do not allow to overlook the increase of discriminatory graffiti and letters as well as propaganda and incitement of discrimination on the Internet.

In this regard, the fifth report sheds light on the fact that Japan does not have any law that prohibits “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.” Even perpetrators who sent discriminatory letters or disseminated discriminatory information on the Internet are arrested and sanctioned, they are charged under the name of intimidation or defamation. As a result of no law, it is hard for a conventional wisdom to develop among people that these acts constitute intolerable crimes.

The other problem rests with the fact that graffiti telling, for example, “Kill all Buraku people,” or instigation of discrimination against Buraku on the Internet are legally uncontrolled for the reason that these do not specify any individuals or groups.

Japanese Government has reserved Article 4 (a) and (b) of the ICERD at the time of its ratification. Faced by the present conditions including malicious graffiti or letters in full of discrimination against Buraku and the increase of discriminatory propaganda or incitement on the Internet, the government is indeed urged to cancel the reservation and develop laws that do not condone and punish these acts.

9. Other Critical Problems

Besides, there has been a problem of unachieved disclosure of evidence in relation to the third request for re-trial for the Sayama Case. Human Rights Committee has already made a recommendation stating that disclosure of evidence is essential to guarantee a fair trial. To date, the judicial authorities have failed to disclose evidence (including the list of evidence) in regard to the Sayama case.

Also, while the previous recommendation of the HRC urged to create an independent and effective remedial institution for human rights violations at early as possible, as of October 2007, there is not such an institution.

In regard to the recommendation on the promotion of human rights education, the fifth periodic report describes about its effort under the UN Decade for Human Rights Education, but no statement is made about the World Programme for Human Rights Education as a successor of the Decade. As well-known, the World Programme focuses on human rights education at primary and secondary school systems setting the period from 2005 to 2007 as the first phase. For this, Japan is also required to clearly promote human rights education in the curriculum guidelines, and develop curriculum and textbooks. There is no statement in this regard.

Summary of Problems in the Fifth Periodic Report from View of the Elimination of Buraku Discrimination

Kenzo Tomonaga

Recommendations made by the HRC on the Fourth Periodic Report and Responses in the Fifth Periodic Report:

On November 19, 1998, the Human Rights Committee made the following observations in regard to Buraku problem after it considered the Fourth Periodic Report on ICCPR prepared by the Japanese Government:

Does the Fifth Periodic Report of the Japanese Government base on the above recommendation? In short, we are obliged to conclude that the fifth report does not base on the recommendations.

No statements of the reality of discrimination in the employment and education

The government takes the stand regarding Buraku problem in such a way that as the measures taken by the state and local public authorities have contributed to a fundamental solution of Buraku problem, the special measures under the Special Law was terminated. It is clearly indicated in the statements made in the fifth report: “As a result of the efforts of the national government and local authorities over many years, large improvements, including those in the living environment, have been realized, rectifying the gap that had existed in various aspects, and the conditions in Dowa districts have largely improved,” and “Taking into account these circumstances, with the expiration of the Law regarding the Special Fiscal Measures of the Government for Regional Improvement Projects on March 31, 2002, it was decided to end special polices to resolve the Dowa problem.”

It is true that the habitat of Buraku areas has achieved improvements through special measures under the “Law for Special Measures” that was effective for 33 consecutive years from 1969 until the end of March 2002. However, in the fields of employment and education that are key to solution of Buraku problem, clear gaps have to date still existed. It is articulated in the opinions presented by the Council for Regional Improvement Measures in May 1996. The opinions were made based on the 1993 “survey to find the actual conditions of life in Dowa districts” conducted by the government. In the opinions, the Council pointed out: 1) The percentage of progression to high schools among students of Dowa districts is still lower than the national average by several points; 2) The percentage of those high school students who completed the three-year-course among Buraku students is apparently lower than the national average; and 3) the employment among residents of Dowa districts is rather unstable in comparison with the national average, and the annual incomes of households in Dowa districts concentrates in the lower levels.

Since 1993, the Governments has not conducted a national survey to find the actual conditions of Dowa districts:

The government has not made any national survey to find the actual conditions of Dowa districts since 1993 when it did so last time. At the local governmental level, the survey has been done in different prefectures. These surveys at the local level reveal the still-difficult conditions in the employment and education of Buraku. For example, Osaka Prefecture conducted a survey to seek for solutions of Dowa problem in 2000, and the Osaka Prefecture's Dowa Measures Council made the report based on outcomes of the survey in 2001. The reports discussed about the actual conditions of Buraku districts located in Osaka Prefecture by stating: 1) Drop-out from high school is relatively frequent among Buraku students; 2) An apparent gap still exists in regard to progression to colleges between Buraku students and others; 3) Ownership of computers and use of the Internet among Buraku residents remains a half of those of the national average; and 4) Unemployment rates among younger generation and those in their 40's in Buraku districts double the averages of Osaka Prefecture.

Still-Serious Situation of Marriage Discrimincation\

The fifth periodic report states that marriage between a Buraku person and a non-Buraku person has become the majority, suggesting the solution of marriage discrimination by stating, "Marriages between Dowa district residents and non-Dowa district residents make up the majority of marriages among young people, so it seems that discriminatory attitudes are also steadily disappearing."

It is true that marriages between Buraku persons and non-Buraku persons have been on rise, thanks to the efforts of Buraku liberation movement and fruits of educational activities. However, it does not mean that discrimination at the time of marriage has been eliminated. It often occurs that engagement is broken off due to Buraku discrimination. Even if couples eventually marry, it occasionally happens that relatives of the non-Buraku marital party do not attend a wedding ceremony, and worse, they do not associate with the couple. The fifth periodic report does not refer to these problems at all.

Personal Background Investigation by Private Investigative Agencies not Eradicated:

In regard to the respect of privacy under Article 17, the fifth periodic report describes personal background investigations conducted by credit agencies as follows:

The above statement of the periodic report does not touch upon the facts that illegal acquisitions of family register frequently occurs, and that new versions of Buraku List have been discovered, especially in the digital format, since the end of 2005. To address these serious problems, "instructions and education for those involved" is totally insufficient, and drastic measures such as legal restrictions or drastic changes to related laws are needed.

Frequent Occurrence of Discriminatory Propaganda or Incitement on the Internet:

The fifth periodic report discusses about discriminatory propaganda and incitement on the Internet in relation to Article 20: Prohibition of Propaganda for War. In recent years, discriminatory graffiti and anonymous letters with the intention of Buraku discrimination have been on the rise. At the same time, discriminatory propaganda and incitement to Buraku discrimination on the Internet have been on the rise to the extent that it cannot be overlooked any more. In this regard, the fifth report sheds light on the fact that Japan does not have any law that prohibits “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.” Even perpetrators who sent discriminatory letters or disseminated discriminatory information on the Internet are arrested and sanctioned, they are charged under the name of intimidation or defamation. As a result of no law, it is hard for a conventional wisdom to develop among people that these acts constitute intolerable crimes. Japanese Government has reserved Article 4 (a) and (b) of the ICERD at the time of its ratification. Faced by the present conditions including malicious graffiti or letters in full of discrimination against Buraku and the increase of discriminatory propaganda or incitement on the Internet, the government is indeed urged to cancel the reservation and develop laws that do not condone and punish these acts.