Join the International Movement Towards the Elimination of Discrimination and Intensify our Efforts to Eliminate Discrimination Against Buraku People!
Kenzo Tomonaga
Director, Buraku Liberation and Human Rights Research Institute
< 1 >
Significant international advances were made in the summer of 2001 concerning our efforts to eliminate Buraku discrimination. These included: i) Mr. Rajendra Kalidas Wimala Goonesekere, one of members of the UN Sub-Commission for the Promotion and Protection of Human Rights (Sub-Commission of Human Rights), submitted a working paper to the Sub-Commission in which he referred to the problem of Buraku discrimination in Japan; ii) The UN Committee on Economic, Social and Cultural Rights examined the Second Periodic Report by the Government of Japan and made concluding observations, in one of which it urged the Japanese Government to take further steps towards the elimination of Buraku discrimination; iii) during the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which was held from August 28 to September 8 2001 in Durban, South Africa, the NGO Forum saw the adoption of the "Declaration" and "Programme of Action", both of which included statements calling for the elimination of Buraku discrimination.
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A resolution regarding discrimination based on work and descent (E/CN.4/SUB.2/RES/2000/4) was adopted by the Sub-Commission of Human Rights in August 2000. The resolution stated that discrimination based on work and descent is prohibited under international human rights laws. The resolution also requested that Mr. Goonesekere conduct research into identifying communities affected by this form of discrimination, examine effective measures for the abolition of such discrimination and submit a working paper to the 53rd session of the Sub-Commission in August 2001. It is without doubt that the work and descent-based discrimination encompassed by the resolution includes the discrimination that occurs against Buraku in Japan and Dalits in India.
Mr. Goonesekere's working paper was consequently submitted to the 53rd session of the Sub-Commission. In his working paper he stated that discrimination based on work and descent has been long practiced in many societies in the world, affecting a large part of the world's population. He specifically mentioned that such discrimination can still be found in India, Sri Lanka, Nepal, Japan and Pakistan. The working paper also briefly described the historical development of Buraku discrimination in Japan, as well as the current status of Buraku communities and problems that they experience. In his concluding remarks he clearly stated, "It is the responsibility of the respective States to endeavour, not merely the passing of remedial laws, but by positive State action, to ensure that these violations do not go unpunished." Also, due to the fact that the primary focus of the paper was Asia, he also referred to the need to conduct a similar research in Africa and some parts of South America in the future.
The UN Sub-Commission of Human Rights approved the working paper and requested that Mr. Goonesekere continue his research.
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The Committee on Social, Economic and Cultural Rights examined the Second Periodic Report by the Government of Japan on August 21, 2001. Concluding observations resulting from this examination were adopted on August 31. The 31 paragraphs of the concluding observations included many suggestions and recommendations. Some of these suggestions and recommendations, listed below, identified important points concerning the movement for the elimination of Buraku discrimination:
1) The Committee recommends that the State party continue to undertake necessary measures to combat patterns of de jure and de facto discrimination against all minority groups in Japanese society, including the Buraku people, the people of Okinawa and the indigenous Ainu, particularly in the fields of employment, housing and education.
2) The Committee encourages the State party to consider ratifying ILO Conventions Nos. 105 (regarding the abolition of forced labour), 111 (regarding discrimination in employment and occupation) and 169 (regarding indigenous people and ethnic people).
3) The Committee welcomes the State party's indication that it proposes to establish a national human rights institution and urges the State party to do so as soon as possible and in accordance with the 1991 Paris Principles and the Committee's general comment No.10.
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During the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, the issue of discrimination based on work and descent, such as Buraku discrimination and discrimination against Dalits in India, was given much attention. The Declaration and Programme of Action, which were both adopted at the NGO Forum, included paragraphs relating to Buraku discrimination in Japan.
The Declaration stated, "Work and descent based discrimination against the Buraku people of Japan has existed for over 400 years and continues to be experienced today by over 3 million people in relation to marriage, employment and education, with new forms of discrimination emerging such as discriminatory propaganda and incitement to discrimination against them, especially on the Internet."
The Programme of Action stated that it is necessary "to undertake a survey of the situation of the Buraku people in Japan to ascertain the nature and extent of the discrimination they continue to face despite the enactment of temporary 'Special Measures' by the Government of Japan, and take all necessary legal, administrative and other measures to eradicate such discrimination."
The Programme of Action, adopted at the Government Conference, initially contained a paragraph referring to "discrimination based on work and descent". The paragraph was proposed by the Swiss government and had the support of many other countries in Europe and Latin America. Faced with strong and consistent opposition from the Indian government, however, the initial proposal was only presented to the conference after being largely amended. In the end, due to opposition from many other countries, the paragraph was not adopted.
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The above-mentioned three documents, adopted in August and September 2001, are important documents concerning the future of our efforts to eradicate Buraku discrimination. The Buraku Liberation League, cooperating with the Buraku Liberation and Human Rights Research Institute, actively undertook a number of activities, including the provision of information to relevant organizations and groups, in order to promote these documents. These efforts contributed to the above achievements.
We would not have seen these achievements realized, however, if we, the Buraku Liberation League, had worked alone. It is thanks to the dedicated work of IMADR, Dalit groups in India and international NGOs, such as Human Rights Watch, that we have been successful. It should be especially noted that IMADR offices based in Geneva and many other countries have made great contributions. A Tokyo-based NGO network called "Durban 2001" also provided us with significant support.
Finally, we have the following challenges ahead:
- To widely distribute the August 2001 resolution of the UN Sub-Commission for Human Rights regarding discrimination based on work and descent, the working paper of Mr. Goonesekere and the resolution that followed his working paper, and to call for action to be taken upon them.
- To widely distribute the concluding observations of the Committee on Economic, Social and Cultural Rights concerning the Second Periodic Report by the Government of Japan, as well as the concluding observations adopted by the Committee on the Elimination of Racial Discrimination after its examination of the First and Second Periodic Reports by the Government of Japan in March 2001, and to call for action to be taken upon them.
- To widely distribute the Declaration and Programme of Action adopted at the NGO Forum during the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and call for action to be taken upon them.
- To strengthen solidarity with those people in India, Nepal and Africa who have been fighting against discrimination based on work and descent.
- To actively participate in IMADR programs.
- To organize rallies, conferences and other programs with an international perspective during Human Rights Week in December.
This article was originally written in Japanese for Kaiho shinbun (Liberation News) of September 24, 2002.