Buraku Liberation News, January 1998 issue (N0.100)

Buraku Liberation News, January 1998 issue (No.100)

1.Human Rights Situation and Our Challenges for Commemorating the 50th Anniversary of the UDHR and the 30th Anniversary of the BLRI in 1998.

By Kenzo Tomonaga
Director of the BLRI

We will celebrate the 50th anniversary of the Universal Declaration of Human Rights (UDHR) in 1998.

The UN declared the calendar year from Dec. 10 1997 to 1998 as the commemorative 50th year of the UDHR, and called upon all parties concerned to take inventive action for promoting human rights.

Reflecting upon lessons drawn from World War II and being convinced that eternal peace can only be achieved through efforts to eliminate discrimination and promote human rights, the international community adopted the UDHR at the 3rd General Assembly held in Paris, December 1948.

On the eve of the 50th anniversary of the UDHR, it is an opportune time for reviewing the accumulated experience of the past 50 years and setting a new agenda for the future.
The 50 year-long struggle for protection of human rights has brought many achievements, such as:
1. Cases of gross violation of human rights and discrimination are being given attention to as "matters of international concern".
2. At the UN, various human rights bodies, including the Commission on Human Rights and the Sub-Commission, are meeting regularly to deal with human rights issues in all parts of the world.
3. With an aim to concretizing the ideas of the UDHR, the UN has approved as many as 23 international conventions instrumental in eliminating discrimination and promoting human rights.
4. Human rights conventions, commissions and judicial courts are being established at the regional level.
5. International human rights NGOs, such as Amnesty International and the International Movement against All Forms of Discrimination and Racism (IMADR) active in the field of human rights are increasing in number.
6. The Apartheid system in South Africa has been abolished.
Depicted as such, achievements we have made are enormous. But in view of the goals envisioned in the UDHR, many issues remain unsolved. Particularly, with the collapse of the cold war structure and the ongoing process of globalization, the human race is now confronted with new challenges such as:
1. In a tendency toward a Laissez Faire economy, multiplying power of hyper-monopolized corporations and international financial capitals have a great influence on world economy.
2. The gap between the rich and the poor is getting bigger both nationally and internationally. Indigenous peoples, national minorities, people belonging to outcaste and migrant workers, in particular, are marginalized.
3. Global trafficking in women and children is increasing in number while racist trends are surging toward migrant workers in advanced countries.
4. Less national budgets are allocated to the Official Development Assistance (ODA) and social welfare in many countries.
5. Ethnic conflicts are intensified in many parts of the world as a result of the above mentioned transformation.
6. Religious fundamentalism and neo-Nazism are surging.
7. The environment is deteriorating globally.
Faced with such tremendous changes and new challenges, the UN organized the Second World Conference on Human Rights in Vienna in June 1993, and adopted the Vienna Declaration and the Programme of Action.

Among many decisions made at the Conference, they confirmed that civil rights, social rights and the right to development be universal and indivisible, that the High Commissioner for Human Rights be appointed for the purpose of improving human rights conditions, and that human rights education be strengthened.

In addition to the Vienna Conference, similar world conferences were held, focusing on population, social development, women and shelter, and adopting declarations and action plans respectively.

In December 1994, the UN General Assembly announced the years from 1995 to 2004 as the UN Decade for Human Rights Education, releasing the General Secretary's Plan of Action aiming at the building of a universal culture of human rights.
Japan has a constitution that puts utmost value on peace, democracy and basic human rights. This constitution was drafted in repentance of the wrong doings in World War II and entered into force on May 3, 1947. Basic ideas embodied in the constitution are identical with the UDHR.

In June 1979, Japan ratified the International Covenants, namely the world constitution of human rights. In subsequent years the government also acceded to the Convention relating to the Status of Refugees, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the International Convention on the Elimination of All Forms of Discrimination (ICERD). The process was slow and delayed but by signing these conventions Japan joined the international human rights community.

Accession to the regime of human rights treaties meant for Japan a great leap forward in a sense that by this the Constitution of Japan was enriched and that the government finally took a course for building a society free from discrimination and human rights violations, in partnership with international organizations.

Meanwhile, the Asia-Pacific Human Rights Information Center was established in Osaka in December 1994, the role of which was to contribute to the improvement of human rights conditions both in Japan and in the Asia-Pacific region.
However, Japan's performance in ratifying human rights treaties is far from satisfactory. For instance, the government has neither accepted the First Optional Protocol to the International Covenant which allows individual communication nor the Second Optional Protocol which prohibits capital punishment. In addition, Japan announced reservations with Article 4, Section (a) and (b) of the ICERD which stipulated the banning of incitement to racial hatred.

Another shortcoming is the failure to live up to the letters of the human rights conventions, including the International Covenants.

The Japanese Constitution requires in Section 2 of Article 98 that the international treaties ratified by Japan should be sincerely complied with. According to legal commentaries, this article is interpreted so that the ratified international treaty assumes a position of second importance next to the Constitution and is regarded as superior to domestic laws.

Nevertheless, the article is not fully respected either at national, local government levels, or in the judicial court. For instance, in the Sayama Retrial Case, involving an innocent Buraku person, despite the defending attorneys demanding full disclosure of all evidence possessed by the prosecutors, this plea had been repeatedly turned down. This apparently contradicts the articles stipulated in the International Covenants.

If a specific law is judged incompatible with a ratified convention, this law should be revised accordingly. If a specific treaty demands the legislation of an appropriate law, a new law should be enacted. But the situation in Japan is not as it should be.

For example, the existing civil law allows a child born out of wedlock to inherit only half of the fortune inherited by a legitimate child. Obviously this is a violation of the relevant article of the International Covenants. Regarding the prohibition of the propaganda of wars and incitement to racial hatred as stipulated in the Covenants, Japan has no appropriate laws for this purpose.
In the midst of mega-competition, Japan is now witnessing the deterioration of human rights conditions against a background of social uneasiness, such as rampant bankruptcy, corporate restructuring, welfare cuts, and the rise of ethnocentrism.
1. Although the living conditions of Buraku communities are improving, a gap is still visible in the fields of employment and education. Discriminatory attitudes toward Buraku people persist, resulting in a number of discriminatory incidents.
2. Universality of equal treatment is not fully applied to foreign residents, particularly Korean residents in Japan. They are suffering from disadvantageous treatment in housing, employment, education, social security and voting. The right to education of their own culture and language is also not guaranteed.
3. Despite the legislation of the new Ainu Cultural Promotion Law, Ainu people are not given rights as indigenous people and are not treated equally in daily life, labor and education.
4. Cases of sexual harassment and violence against women are increasing in number. Discriminatory practices are still prevalent in workplaces and society. Women are sometimes excluded from the decision-making process.
5. The rights of the child are also threatened by abuses, corporal punishment, prostitution inflicted by adults and bullying at schools.
6. The human rights situation of the aged remains serious due to a lack of adequate medical and care services.
7. Full participation and equality of persons with disability has not yet been fulfilled. Discrimination in education and employment is still continuing. Violence against mentally disabled persons and usurpation of their fortunes are reported at hospitals, living facilities and their workplaces.
8. Biased attitude against persons with Hansen's disease and HIV/AIDS persists.
9. There are many cases of forced eviction against street people.
In an opinion submitted to the government in May 1997, the Consultative Council on Regional Improvement Measures, organized by the Management and Coordination Agency, pointed out that Buraku discrimination is still an important subject in Japanese society while the discrimination problem has been solved to a certain extent through the measures for years.

It addressed that the solution to discrimination, including Buraku discrimination, is an obligation in the international community and that it is important that efforts should be exerted to solve the problem in relation to any other human rights issues.

As concrete measures, it suggested as follows: As to the elimination of deep-rooted discrimination consciousness prevailing up to the present, education and enlightenment should be strengthened; It is necessary to establish a system to relieve victims of human rights violations; while translating from special to ordinary measures, Dowa projects should be promoted in order to eliminate Buraku discrimination;

In response to the opinion, the government enacted the Law of Promotion of Measures for Human Rights Protection and extend the Law Regarding the Special Fiscal Measures of the Government for Regional Improvement Projects were extended for another five years with a revision.

On the other hand, the Buraku Liberation League amended its platform at the 54th National Convention held in May 1997. It adopted policies to find a solution to a complete Buraku liberation in pursuant of eliminating all forms of discrimination from Japan and the rest of the world, in addition to focus on not only tackling the phenomena of discrimination but also eradicating the causes of discrimination. The BLL has entered the third stage of the struggle in a real sense.
In the following paragraphs, I will touch upon possible measures that we should take in order to solve the aforementioned manifold issues of human rights violations.

On December 15 1995, the Cabinet decided to set up the Promotion Headquarters of the UN Decade for Human Rights Education. The Headquarters is chaired by the Prime Minister, vice-chaired by the Cabinet Chief Secretary and 4 other ministers. It also designated vice-ministers of 22 ministries and government agencies as senior staff.

Virtually covering every section of the government, it is an epoch-making experiment in Japan's history of human rights education.

On July 4, 1997, the HQ announced the National Plan of Action which contained (a)basic ideas (b)promotion of human rights education at all levels (c)priority agenda (d)development of international cooperation (e)implementation of the Plan.

Among issues taken up under item (b), special attention is given to the promotion of human rights education not only at schools but also at private corporations and in civil society in general, and to the provision of human rights curricula for persons in specific professions such as public servants, teachers, policemen/women, personnel of the Self Defense Forces , persons in medical services, social care workers and journalists. In connection with item (c), the National Plan highlights the rights of women, children, the aged, persons with disability, Buraku people, Ainu people, foreigners, persons with HIV/AIDS and persons who finished prison terms. In item (d), the need of contribution to the work of the UN and assistance to human rights education in developing countries is emphasized.

If this Plan of Action is to be implemented properly, it needs to become more familiar among the general public. For this purpose we have to see to it that enough of the budget be allocated, the secretariat staff be reinforced and every support be given to efforts being made at regional and private levels.

At the regional level, the prefectural governments of Osaka, Mie, Fukuoka, Shiga, Nagasaki, Kumamoto and other prefectures and cities have also established offices chaired by governors and mayors, and are working on drafting their own action plans. Further efforts should be made so that more local governments are encouraged to set up focal points and initiate action plans.
Meanwhile, the increasing number of local governments are adopting ordinances and declarations relevant to the elimination of Buraku discrimination. As of November, 914 declarations and 529 ordinances are adopted. Considering decentralization to be a catchword of the times, these declarations and ordinances can contribute to building local communities where human rights are guaranteed.

These ordinances and declarations must be put into practice. At the same time, local governments which have not yet adopted such ordinances and declarations are strongly encouraged to do so in the coming 50th anniversary year.
In December 1996, the Law of Promotion of Measures for Human Rights Protection (the Law) was enacted as a direct result of efforts by the Central Executive Committee for the National Movement to Demand Legislation of the Fundamental Law for Buraku Liberation and other organizations concerned. The Law is an important tool to effectively eradicate the causes of discrimination and to promote human rights.

With this law being enforced, the government now bears a clear responsibility for the promotion of human rights education and relief for victims of human rights violations.

The Council for Human Rights Protection was established in May 1998 mandated by this law. The Council is commissioned to file a report on human rights education in two years, as well as to compile a report for the relief measures for victims of human rights violations within 5 years .

As clearly stated in the resolutions passed by the Committees on Judicial affairs of both Houses, the government is required to legislate to ensure adequate human rights education and relief measures.

Implementation of the Law means the concretizing of the ideas embodied in Article 14 of the Japanese Constitution as well as the relevant human rights conventions ratified by Japan.

In consideration of this, many minority groups, together with leaders from various sectors, agreed to create a new organization named Human Rights Forum 21, aimed to propose policies in relation to the Law. Establishing close relations with this Forum is important in meeting the challenges mentioned above.
In the 21st century, nation states may not be viewed as important as they are in this century.

In other words, some functions belonging to the state may be transferred to international organizations, such as the UN or regional entities, while some other functions may be covered by local governments.

Moreover, in the coming century the role of NGOs involved in the promotion of human rights, protection of the global environment and the promotion of peace will be given more importance, too.

Therefore what is decisive to bring about a new world where human rights are respected, global environment is preserved and peace is secured, is the strengthened networking of international institutions, national governments, local governments, private groups and citizens organizations.

It is important for us to keep in mind what I mentioned above, in order to eliminate all forms of discrimination, including Buraku discrimination, and to promote human rights.
We will celebrate the 30th anniversary of the foundation of the Buraku Liberation Research Institute in 1998. The institute was first established as the Osaka City Office on the Dowa Issue. It evolved into the Osaka Buraku Liberation Research Institute by the joint efforts of researchers, including the late Professors Tomohiko Harada and Yoshinori Morita, and the Buraku Liberation League, as well as Osaka City and Osaka Prefecture.

As the institute covered many activities, such as research, publishing, and sponsoring lecture courses, while expanding its membership and stabilizing the financial background, the institute was renamed in December 1974 as the present BLRI authorized by Osaka Prefectural Government.

In the late 1970's, we became involved in activities for human rights protection initiated by the UN and started forging solidarity with organizations and individuals fighting discrimination in other countries. In line with this orientation, we started to publish Buraku Liberation News in 1981 and have actively joined the activities of the International Movement against All Forms of Discrimination and Racism (IMADR) found in January 1988.

The following is the present function of our institute.
1. library and collecting information materials
2. research, investigation and policy proposals
3. education, training and lecture courses for awareness-raising
4. publication and web page (http://blhrri.org)
5. international communication.
In face of the 21st century, we are required to connect the solution of the Buraku discrimination with the elimination of all forms of discrimination as well as promotion of human rights.

With supports from many people concerned, we would like to develop into the Buraku Liberation and Human Rights Research Institute in taking an opportunity of the 30th anniversary, based on our achievements in the past.

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