2nd Quarterly, 2006 No.140
On September 2, a symposium entitled "Challenge from Minority Communities ? for the Establishment of Human Rights Legal System in Japan" was held at the Nippon Youth Hall in Tokyo by the Civil Congress to Advocate for the Establishment of Human Rights Legal System. The Congress is a civil network formed in January this year by groups and individuals working for human rights issues. The network will dissolve at the end of 2006 since it was created for the sole purpose of preparing proposals with regard to creating a legal system for human rights in Japan.
The Congress announced its interim report at the symposium, the outline of which follows:
1. Recognition of the Current Situation:
1-1. Human rights violations and discrimination in Japan exist in many different forms in both the public and private spheres. Nevertheless, Japanese society does not acknowledge that human rights violations and discrimination are serious problems that impair human dignity.
1-2. Thanks to efforts made by affected communities and groups fighting against human rights violations and discrimination, a certain level of recognition that such issues constitute human rights problems has been achieved, and the national and local governments have, to some degree, responded to these problems by implementing measures and establishing legislation.
1-3. Some serious human rights violations and discrimination have gained public recognition as human rights problems. However, there are many other forms of violations and discrimination that are not recognized as human rights problems and are not adequately responded to. Also, some victims of violations and discrimination have been forced to keep silent and have not been given an opportunity to speak out.
1-4. In recent years, under rising neo-liberalism, state supremacism and xenophobia, and the enactment of an oppressive legal system in name of anti-terrorism, unjust attacks have been made against the rights and freedoms that were achieved by civil campaigns.
1-5. As a result, the legitimacy of even those problems that have widely been recognized as human rights violations and discrimination is being attacked, and those who are affected by such violations and discrimination are being marginalized and divided from people in mainstream society.
1-6. At the same time, division among minority communities has made it difficult to build a network of solidarity. While the forms and expressions of violations and discrimination vary depending on the nature of each minority community, the similarities in the social and structural backgrounds that breed such violations and discrimination create an opportunity for affected communities to work together.
1-7. Similarly, in other East Asian regions, victims of human rights violations and discrimination are also marginalized and isolated. Despite the fact that their situations are similar to those faced by minority groups in Japan, little progress has been made in the development of relationships and solidarity between Japanese and other East Asian minority groups.
2. Basic perspective (omitted)
3. Basic framework (omitted)
4. Proposals:
4-1. Urgent Issues:
4-1-1. To present specific proposals for the establishment of a human rights commission that is independent from the government.
4-1-2. To present specific proposals for the creation of human rights remedial mechanisms by municipal ordinances.
4-1-3. To make specific proposals for the establishment of systems for human rights counseling and relief by municipalities based on the experiences of many municipalities in proclaiming ordinances for human rights community development.
4-1-4. To make proposals for human rights education and training in order to empower oppressed minority communities, prevent people from being passive bystanders in incidents of human rights violations and discrimination, and to prevent human rights violations and discrimination by public authorities.
4-1-5. To make proposals for the government to ratify the First Protocol of the International Covenant on Civil and Political Rights, to proclaim its acceptance of Article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination and Article 22 of the Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment, and to promote effective operation of the individual communication system for human rights violations and discrimination cases that take place in Japan.
4-2. Mid-Long-Term Issues:
4-2-1. To make specific proposals for the abolition of laws and systems that encourage human rights violations.
4-2-2. To make proposals for specific anti-discrimination laws (e.g. an anti-discrimination law to protect women and an anti-discrimination law to protect the disabled, etc), noting that the issue of indirect discrimination should be taken into consideration.
4-2-3. To make proposals to drastically review administrations to identify any policies or practices that perpetuate or encourage human rights violations and discrimination.
4-2-4. To make proposals for the enactment of a basic law for human rights (a comprehensive human rights law covering all human rights areas).
4-2-5. To make proposals for the enactment of a basic law for the promotion of a multiethnic and multicultural society.
4-2-6. To make proposals for the establishment of mechanisms that promote general human rights administration by the government and municipalities.
4-2-7. To make proposals for the creation of a regional human rights system in East Asia.