1st Quarterly, 2005 No.135

Special Rapporteur on Contemporary Forms of Racism
to Make Official Visit to Japan

Mr. Doudou Diene visited Japan from July 3 to 12 as a Special Rapporteur on Contemporary Forms of Racism appointed by the UN Commission on Human Rights in order to identify whether or not racial discrimination exists in Japan, what forms it takes, which communities are affected by it, and the government response, etc., through interviews with and visits to minority communities, NGOs and government agencies.

On July 4th Mr. Diene met officials from the Human Rights Division of the Osaka Prefectural Government, who provided detailed information on the Dowa problem, including measures taken by the government. Mr. Diene then raised questions about whether or not measures have been developed and implemented by Osaka Prefecture in place of the expired Law on Special Measures. He also asked about the existence of specific programs to promote human rights education after the related UN Decade and under the current World Programme for Human Rights Education, as well as questions regarding the situation surrounding the Korean minority and other foreigners in Osaka.

Later, Mr. Diene interviewed the Osaka Buraku Liberation League about the persistent existence and use of "Buraku Lists" and discriminatory personal investigations involving legal practitioners. Mr. Diene expressed his grave concern regarding these practices by saying, "It is shocking that personal investigation has been practiced solely for the purpose of discriminating against somebody, and society takes it for granted."

During his stay in Nishinari Buraku District, Mr. Diene was informed of the community situation regarding the recent inflow of migrants and destitute people, which has raised new challenges for the community, such as the low self-image and self-esteem of residents. He also interviewed a Nara-based committee that works against discriminatory messages and information on the Internet. The problem has become more serious along with the Internet's expansion and advancement. The Nara committee regularly monitors the Internet, takes necessary steps whenever it finds information that incites discrimination and human rights violations, and promotes human rights education through the Internet.

On the 5th, Mr. Diene went to Kyoto to visit a Korean school and Utoro district. The government of Japan does not recognize Korean schools in Japan as formal schools, thus depriving them of access to the official assistance and subsidies available to formal schools. For Korean minority children, the right to learn about their history, culture and language of their country of descent has been realized only through the efforts of Korean people in Japan. The attitude of the government towards Korean schools demonstrates the failure of Japan to fulfill its post-war responsibilities. In the afternoon, Mr. Diene visited Utoro district, which has been threatened for several years by a possible forcible eviction. Utoro is a community where many Korean people live. They were brought from Korea by Japanese authorities or had to come to Japan to survive during the colonization of Korea by Japan. Thus, the problem of forcible eviction also has historical implications.

On the 6th, Mr. Diene had a meeting with the executive officers of the BLL headquarters in Tokyo. Mr. Kumisaka, the President of the BLL, explained that Japan does not have any laws prohibiting discrimination, leaving victims of discrimination without any means for seeking compensation or resolution etc. With the absence of an effective law, the BLL has called for the enactment of a Law on Remedies for Human Rights Violations. The current Diet session has debated the passage of a Human Rights Protection Bill submitted by the ruling party, but it is far from the kind of legislation sought by the movement. Mr. Diene asked if the BLL had studied new legislative measures to address the Buraku problem in the absence of a legal framework after the 2002 expiry of the Law on Special Measures. In response, Mr. Kumisaka said, "We do not seek a law on special measures or projects, but aim at the enactment of a Law on Remedies for Human Rights Violations."

Mr. Diene also interviewed migrant workers, Ainu people and NGOs working in the area of trafficking in migrant women. He also met government department officials from the ministries of justice, education, foreign affairs, welfare and labor, and internal affairs.

On the last day, Mr. Diene had a press conference in Tokyo with foreign journalists. During the conference, he summarized his findings as follows:

<quote>

Minorities in Japan can be divided into three categories; 1) national minorities including Buraku people, Ainu people and Okinawans; 2) those originally from neighboring countries such as Korea and China; and 3) new minorities of migrants from Asia, Middle-East, Africa and Latin America. To the question of whether or not discrimination exists in your community or country that I raised during interviews, government officers gave different answers, with some saying "yes" and others saying "no" referring to "social conditions" or "social wrongs."

On the other hand, all minority communities I met answered "yes." This difference can be explained by a lack of communication between the government and minority communities and lack of political recognition of discrimination. I conclude that discrimination does exist in Japan.

Discrimination against the above- mentioned first two groups is manifested both culturally and historically. The minority problem accompanies the denial of identity of affected minorities. It is manifested in a denial of their own language. The first two groups are sometimes obliged to cover up anything that may indicate their identity. Cultural and historical manifestations of discrimination lead to economic, social and political manifestations. Also, these minorities are politically invisible due to lack of political representation. The conditions of these affected communities have worsened due to factors on political and public levels. Political factors include the lack of firm recognition of discrimination and the lack of strong will to combat discrimination. Public factors include the negative image of migrants projected in Japanese society, such as shortsighted connections between certain communities and crimes. To solve these problems, Japan needs: strong political recognition and will; legislation to prohibit discrimination; a national plan of action to combat racism and discrimination; a national human rights institute; and multiculturalism development. <unquote>

With these findings, Mr. Diene will prepare his interim report, including recommen- dations to the government, to be submitted to the UN General Assembly, and finalize the report to be submitted to the 62nd session of Commission on Human Rights next year.