1st Quarterly, 2007 No.143
2007 Yearbook on Human Rights (Last Half)
The 2007 Yearbook on Human Rights was published by BLHRRI in April 2007 covering the period from April 2005 to March 2006. This is the last half of the Overview of the human rights situations following the previous issue.
8) Okinawans
In Okinawa, there are some 33,000 persons, amounting to 2.4% of the total population of the prefecture (1.35 million), whose land was confiscated by the US military and has not been returned despite sixty years passing since the end of World War II. Their socioeconomic conditions deteriorate as they become more dependant on rent paid by the military for their land.
In fiscal year 2005, Okinawans again witnessed criminal acts committed by U.S. military personnel. Vehement protests took place regarding the sexual assault of a fifth grade girl in July 2005. There have also been countless cases of victimization, including noise pollution caused by night landing exercises, the destruction of coral reefs by amphibious vehicles, and accidents involving military aircraft.
Okinawa is facing further militarization including the completion of an "urban combat training facility" at Camp Hansen in Kin Town, in spite of more than a year of local protests. Live ammunition exercises were conducted at the facility, which is located just 300 meters from residential areas and 200 meters from a major highway. At Henoko in Nago City protests began in 1997 against the construction of a new base intended to replace the Futenma Marine Corps Air Base, and have continued to the present day.
Despite the end of the 27-year occupation by the United States and its military after the war, Okinawa is still subjected to "structural discrimination". This is illustrated by the fact that 75% of US military installations in Japan are concentrated in Okinawa, which occupies only 0.6% of the nation's total geographic area.
9) Ainu
In 1997, the Law for the Promotion of Ainu Culture and the Dissemination of and Advocacy for Traditions of the Ainu and the Ainu Culture (Ainu Culture Promotion Law) was adopted. Initiatives have since been taken to organize events for the promotion of Ainu culture and to develop a side reader text for social studies prepared by the Foundation for the Research and Promotion of Ainu Culture and distributed to elementary and junior high schools across the country. Some limitations in the Law have been pointed out, however, especially with regard to the fact that it focuses solely on the promotion of the Ainu culture and includes no reference to non-discrimination or indigenous rights.
With regard to Ainu education, employment and living conditions, the national and Hokkaido governments implemented the Policy to Promote the Improvement of the Living Conditions of the Ainu from fiscal year 2002 through 2008. While the policy has resulted in some achievements, it has not led to fundamental changes.
According to On the Situation of Human Rights Violation Cases in Fiscal Year 2005, a report issued by the Human Rights Bureau of the Ministry of Justice, "the number of human rights violation cases initiated and dealt with by the Human Rights Bureau in fiscal year 2005 exceeded that of the previous fiscal year to reach a record high". However, the report mentions only one case concerning Ainu, which highlights the ineffectiveness of the existing system for providing remedies in human rights violation cases.
The United Nations proclaimed the Second International Decade of the World's Indigenous People (January 2005 - December 2014). The Hokkaido Utari Association has undertaken international solidarity activities in this regard, including the dissemination of the purposes of the Decade.
10) Zainichi Koreans (Korean residents in Japan)
An issue with history and civics textbooks attracted much attention in the summer of 2005. The textbooks, written by members of the Japanese Society for History Textbook Reform and published by Fusosha Publishing Inc., emphasized patriotism and nationalism. Both Korean residents and Japanese civil society organizations protested the inappropriateness of using such textbooks in school education.
On 25 May 2005, the Osaka District Court dismissed an action by zainichi Korean elders, finding the discrimination against them by the pension system to be legal. On 27 October 2005, the Osaka High Court reached a judgment against the plaintiffs in another pension case involving seven Korean residents with disabilities. The two judgments ignore the historical background of Korean residents in Japan. Discrimination against Korean residents is more extreme than that which occurred against Japanese who were denied the right to a pension after Okinawa and other territories were returned to Japan; in the case of the latter, the government acknowledged lacunae in the pension system and implemented remedial measures. At the municipal level, however, efforts have been made to provide remedies for affected Korean residents.
A class teaching Korean language and culture for children of Korean origin was opened at Osaka City Nakamichi Elementary School on 3 June 2006, marking the 100th school to hold such classes in the city. New classes have also been started in Sakai City. This trend illustrates the fact that cultural education for the children of Korean residents has become part of human rights education in public elementary and junior high schools in Osaka Prefecture.
Mr. Kim Kyong Duk, the first attorney at law of foreign nationality in Japan, passed away on 28 December 2005 at 56 years of age. He made great accomplishments in the movement for the protection and promotion of the human rights of Korean residents in Japan.
11) Migrant workers and their families
As of the end of December 2005, there were 2,011,555 foreigners registered in Japan, which is equivalent to 1.57% of the country's total population. Of these, 447,805 (22.5%) were special permanent residents (residents and descendants of residents from former Japanese colonies, who were forced to come to Japan as a result of the colonial occupation of their countries by Japan before and during World War II). The proportion of special permanent residents is decreasing each year. On the other hand, the proportion of migrant workers and their families (who are called "newcomers") is on the increase, accounting for 77.5% of registered foreigners.
On 7 March 2006, after approval by the Cabinet, the government submitted draft partial amendments to the Immigration Control and Refugee Recognition Act to the Diet. The draft amendments, which primarily aim at "the adaptation of the provisions for the purpose of preventing terrorism", were approved by the Diet on 17 May 2006 and are to come into force in November 2007. In accordance with the amended act, all foreigners (except special permanent residents and those below 16 years of age) must submit personal identification information such as fingerprints and photographs upon arrival in Japan. This information may be passed to the police and other authorities. The amendments have been criticized for violating the right to privacy and the right to control one's own personal information, which are enshrined in Article 13 of the Constitution of Japan. It is also claimed that they violate the prohibition of "degrading treatment" under Article 7 of the International Covenant on Civil and Political Rights (ICCPR). Furthermore, the relevant provisions have a wide margin of discretion and are likely to be enforced in an arbitrary manner due to the vague definition of the term "terrorist", which covers even situations "when there are reasonable grounds to believe that the person concerned may be involved in an act that facilitates the commission [of terrorist attacks]".
On 8 December 2005, the Committee for Human Rights Legislation for Foreign Residents was established. One of the committee's activities is the publication of a White Paper on the Human Rights of Foreigners and Ethnic Minorities in Japan.
12) Detainees in immigration centers
In August 1997, Mr. Mir Hossein, an Iranian national, died suddenly while in custody at the Second Building of the Tokyo Regional Immigration Bureau. On 12 October 2005, the Tokyo High Court dismissed an appeal by the bereaved family in a claim for State compensation. The victim died in solitary confinement. An examination of the circumstances surrounding the incident left the only possible cause of death as assault by officials. Independent inquiry mechanisms should be established to ensure fact-finding in such cases.
In June 2005, a detainee at the West Japan Immigration Center began a hunger strike after being subjected to a long indefinite detention. Several other detainees joined him. Holding a hunger strike was the only option the detainees had to demand improvements in their treatment, proving the ineffectiveness of complaint procedures under the Ministerial Rules for the Treatment of Detainees (Ministry of Justice).
On 27 December 2005, three detainees at the East Japan Immigration Center filed a suit for State compensation for victimization, including violence by immigration officials, unnecessary suffering after such violence due to the lack of appropriate medical treatment, and severe psychological suffering.
In response to these issues and in support of refugees and migrant workers, a number of organizations and individuals made demands including, "No unnecessary detention and deportation", "Issue visas for children and families as well as long-term residents," and "Build a non-discriminatory and multicultural society where coexistence is possible".
13) Criminal detainees
The Law Concerning Penal Institutions and Treatment of Prisoners was adopted by the Diet on 18 May 2005 and came into force on 24 May 2006. At the same time, the Regulations for Enforcement of the Law and other detailed regulations were made public.
The Expert Council on the Treatment of Unconvicted Detainees, set up in December 2005, finalized its proposals on 2 February 2006. Its proposals were formulated, however, on the assumption that "the legal adaptations in the present context shall be pursued on the basis of the continued existence of substitute penal facilities". The draft amendments to the Law were prepared in line with the proposals and passed the Diet on 2 June 2006. Due to the shortage of detention locations for unconvicted detainees, a system of daiyo-kangoku (substitute prisons) was introduced through Article 1 Paragraph 3 of the 1908 Prison Act with a view to using police detention facilities for accommodating them for the time being. However, the system has been strongly criticized as a breeding ground for false accusations because it is likely to produce forced confessions. While explicit legal provisions are introduced on substitute detention in police facilities in a separate chapter of the amended law, the separation of investigation and detention is not complete, since it does not represent any more than the separation of the police divisions responsible for the two functions. Accused people in daiyo-kangoku are still under the police control, which is not compatible with Article 3 Paragraph 3 of the ICCPR.
Japan acceded to the Convention against Torture on 29 June 1999 and submitted an initial report to the UN in December 2005. Particular attention will be paid to the compatibility with international standards of interrogations in police and other detention facilities as well as new mechanisms such as the complaint procedures concerning correctional facilities, the Complaint Review Panels, and the Penal Institutions Inspection Committees.
14) Victims of crime
The Basic Law for Victims of Crime came into force on 1 April 2005, leading to the establishment of the Council for the Promotion of Policies for Victims of Crime within the Cabinet Office. The Council is chaired by the Chief Cabinet Secretary and comprised of five Ministers of State and four experts. Its mandate is to develop a basic plan, to consider important policy issues and to verify, evaluate and monitor the implementation of the relevant measures.
With a view to developing a basic plan for victims of crime, the Council set up a drafting committee, comprised of it's own expert members and other experts. The committee held eleven meetings from 28 April to 21 November 2005 and finalized a draft plan. The five pillars of the plan are: (a) retribution and financial support; (b) recovery and prevention of mental and physical harm; (c) enhanced involvement with criminal procedures; (d) institutional arrangements for support and other measures; and (e) promotion of better understanding as well as consideration and cooperation between people. A total of 258 measures were proposed within this framework.
In accordance with the Comprehensive Legal Support Law, the Japan Legal Support Center (Independent Administrative Corporation) was established in April 2006. While advocacy for and support to victims of crime have been transformed from abstract rights into concrete measures, it is necessary to ensure the basic plan is actually implemented and does not end up existing only on paper.
15) Former prisoners
In 2005, prisons and other penal institutions received 35,524 prisoners and released 32,137 persons. The number of new placements in juvenile training schools decreased from the previous year to 4,878.
On 1 June 2005, the Ministry of Justice began providing the National Police Agency with information on prisoners convicted of violent sexual offences (such as indecent assault, rape and abduction for obscene purposes) against children below the age of 13, including information on the planned date of release and on whereabouts after release. On 1 September, the scope of this cooperation was expanded to cover prisoners convicted of other serious offences, such as murder, robbery, and other sexual offences. These changes represent serious restrictions to the privacy rights of former prisoners.
The annual Movement for a Brighter Society, which is observed in July under the auspices of the Ministry of Justice, has traditionally been an opportunity to call for coexistence with those have been involved in crime or delinquency. In recent years, however, the emphasis has been placed on campaigns for the prevention of crime and delinquency. However, attention has not been paid to an important aspect of the Movement, namely awareness-raising activities conducive to the elimination of prejudice and discrimination against former prisoners and the promotion of coexistence and social reintegration.
16) Homeless people
A national development in homelessness support activities is the organization of advisory meetings for homeless people in unison at the national level, coordinated by the National Conference for the Improvement of Administrative Measures for Multiple Debtors.
The Tokyo Metropolitan Government has conducted projects to support the employment and self-dependence of homeless people through the Support Center for Self-Dependence, and to support them in their transition to community life. Another project is the establishment of the Tokyo Council for the Promotion of Employment Support Measures for Homeless People, composed of business associations and non-profit organizations (NPOs). In November 2005, the Council began activities to expand employment opportunities for former homeless people who had moved into apartments through the community transition project, by using expertise in the private sector.
In June 2005, Osaka City called on NPOs and other private organizations to submit project plans to support the employment of homeless people with a view to developing effective support measures. Five plans were accepted and commissioned to applicant organizations. Osaka City also opened two new support centers for self-dependence to promote the employment and self-dependence of people with a relatively short period of homelessness. In April 2005, the Osaka Association of Homeless Employment Support Centers was established under the commission of the Ministry of Health, Labour and Welfare, represented by seven entities: the Osaka Prefectural Government, the Osaka City Government, the Foundation Nishinari Workers' Welfare Center, three social welfare corporations (Jikyokai, Miotsukushi Welfare Association and Minato House) and RENGO (the Japanese Trade Union Confederation) Osaka. In May 2005, the Osaka Council on Employment Measures, composed of five entities (the Osaka Labour Office, the Osaka Prefectural Government, the Osaka City Government, the Kansai Employers' Association and RENGO Osaka), developed an employment support program targeting those facing difficulties in employment, including homeless people, NEETs (youth currently not in employment, education or training) and single mothers.
Ichikawa City (Chiba Prefecture), Kumamoto City, Hokkaido Prefecture, Saitama City and Himeji City (Hyogo Prefecture) have also initiated measures for homeless people. However, there have been cases of forced eviction from parks and other locations. On 30 January 2006, for example, the Osaka City Government forcibly removed 19 tents and 27 items belonging to homeless people who had lived in Utsubo and Osaka Castle Parks in accordance with the Execution of Office Act.
17) Part-timers and fixed-term/temporary contract workers
Major economic indicators improved in 2005 along with the falling unemployment rate, illustrated by the effective ratio of job offers to applicants exceeding 1.00. The decrease in the unemployment rate is, however, primarily a result of the increase in number of irregular workers.
The scale of the dispatch of temporary workers was further expanded after legal amendments in 2003. According to the Report on the Worker Dispatching Business in Fiscal Year 2004, prepared by the Ministry of Health, Labour and Welfare, there were around 500,000 dispatch contracts, as a result of which some 2.27 million workers were dispatched on a temporary basis. Total annual sales amounted to some 2,900 billion yen. Improvement should be sought in terms of employment stability and equal treatment of these temporary workers.
The term "contract work" refers to the practice of corporations and agencies contracting workers as their own employees to perform specific tasks, a practice common in the manufacturing industry. After the 1990s, however, more and more contract workers began working at the factories of the requisition originators, primarily at the manufacturing processing and assembly lines. In some cases, despite terms such as "contracting out" or "outsourcing" being included their contracts, these contract workers are virtually under the supervision and control of the requisition originators. This represents what has come to be called a "disguised contract", a practice drawing wide criticism. The manufacturing industry is now covered by the amended Law on Dispatched Workers, which came into force in March 2004, and many violations have been reported all over the country. In addition to their incompatibility with the Employment Security Law and the Law on Dispatched Workers, there are many problems regarding disguised contracts, including industrial safety, which may be compromised by the mixture of different levels of workers; capacity development; and transference of skills. Proper rules should be developed in the field of contract work.
18) Sexual minorities
The Tokyo Lesbian and Gay Parade 2005 was organized on 13 August 2005 and drew 3,500 participants. At the opening ceremony, Ms. Kanako Otsuji, a member of the Osaka Prefectural Assembly, revealed that she is lesbian and then took part in the parade. She is the author of Coming Out: A Journey in Search of Myself (Japanese).
19) People with Hansen's disease (leprosy)
The government of Japan had been sued by people in South Korea (August 2004) and Taiwan (December 2005) for its pre-war segregation policy against people with Hansen's disease. On 25 October 2005, the Tokyo District Court delivered opposing judgments in the two cases: in favor of 25 plaintiffs in the Taiwan Rakuseiin Sanatorium case and against 112 plaintiffs in the Korean Sorokto Sanatorium case. In response to the judgments, parliamentarians submitted draft amendments to the relevant compensation law to the Diet, which were adopted on 3 February 2006 and promulgated and came into force one week later.
Ms. Misako Yamashita, a former patient who had been placed in a sanatorium for Hansen's disease patients, suffered a relapse and stayed in the National Tama Zenseien Sanatorium for treatment for twelve years from 1980 through 1992. Due to malpractice in the sanatorium, however, she was seriously and permanently disabled. She filed a lawsuit for State compensation to the Tokyo District Court in April 2003, which resulted in a settlement on 31 January 2006. The terms of the settlement included: (a) the State shall pay 30 million yen as compensation; and (b) the Tama Zenseien Sanatorium shall pursue patient-centered medical practices, including informed consent, second opinions and the disclosure of medical records and other medical information.
The Report on the Outcomes of the Inquiry into Specimens of Fetuses and Tissues was made public in advance of the final report (March 2005) of the Study Panel on Hansen's Disease. The report revealed that six institutions, including national sanatoriums for Hansen's disease patients, have kept specimens of fetuses, pathological specimens and many pieces of excised tissues, preserved in formalin. In November 2005, newspapers reported that the Ministry of Health, Labour and Welfare instructed the relevant institutions to dispose of these specimens by the end of the fiscal year by way of incineration, burial and memorial services. Support associations and civil society organizations across the nation expressed opposition against this policy, which does not seek adequate fact-finding and formal apologies, and ignores the wishes of affected people. The following month they began to submit letters and opinions to the Ministry, requesting that institutions refrain from fast and sloppy incineration or burial of fetus specimens, respect the wishes of affected people, and pursue fact-finding and apologies. In the wake of the protest, the Ministry withdrew the policy in the name of "burial and memorial services" before the end of fiscal year 2005.
20) People Living with HIV
According to the AIDS Surveillance Committee of the Ministry of Health, Labour and Welfare, there were 1,199 HIV-positive persons and AIDS patients reported to be living in Japan in 2005. This means that more than 1,000 affected persons were reported for two consecutive years. In order to ensure that they can receive medical treatment and lead secure lives, it is necessary to eliminate related social prejudice and discrimination, and to provide support by medical and social welfare professionals.
In the East-Asia region, the rate of increase in the number of persons living with HIV/AIDS is 44.7% (2002 - 2004), which is far ahead of other regions with the pandemic. The global impact of HIV/AIDS will be significant if the expansion of infections in Asia, where 70% of the world's population are concentrated, is not stemmed. Alerted by this trend, the seventh International Congress on AIDS in Asia and the Pacific was held in Kobe in June and July 2005. It emphasized that the global efforts against HIV/AIDS cannot be successful without strong initiatives by national leaders and the full cooperation of governments.
21) Advanced medical technologies
The Council for Science and Technology Policy formulated the Third Science and Technology Basic Plan (2006), which was approved by the Cabinet in March 2006. The Plan sets the target of governmental expenditure in relevant fields at 25 trillion yen, which is equivalent to 1% of GDP, as was the case in the second plan. Following the line of the second plan, priority will be assigned to investment in eight areas where Japan may be able to take a lead in the global competition.
It was revealed that a team led by Professor Woo Suk Hwang of Seoul National University in South Korea prepared a report based on fraudulent data. The case highlighted the dangers involved in heated competition in the development of bioscience technology. A series of similar cases have also been reported in Japan at Tokyo University, Osaka University and other institutions.
In February 2006, the Ethics Committee of the Japan Society of Obstetrics and Gynecology announced their opinions regarding preimplantation genetic diagnosis (PGD), revealing their intention to expand the scope of PGD implementation to cases of habitual miscarriage. The new policy is not to be applied to all such cases, but is limited to cases involving chromosome translocation (a type of chromosome aberration). Whatever diseases will be covered, however, PGD is first and foremost a technology for genetic selection and, secondly, intervention in embryos. The Japan Society of Obstetrics and Gynecology fails to respond to these issues in a straightforward manner.
5. Conclusion
The first session of the UN Human Rights Council was held in June 2006. In December, the UN General Assembly adopted the Conventions on the Rights of Persons with Disabilities and on Forced Disappearance. These conventions are good news for the promotion and protection of human rights. However, whether or not the UN Sub-Commission on Human Rights, which provided expert perspectives, and special procedures established under the Sub-Commission, such as the Special Rapporteurs on Discrimination Based on Work and Descent, will continue to exist is yet to be decided. A decision is due by June 2007.
Japan was elected to membership of the Human Rights Council, which was recently established by the UN General Assembly. Japan should therefore set an example to the world community in the areas of human rights promotion and protection. However, Japan has not accepted individual communication procedures established under the first Optional Protocol to the ICCPR and other treaties. Furthermore, it is unclear whether or not a law will be adopted for the provision of remedies for human rights violations. The law would establish a national human rights institution. Such institutions have already been established in 60 other countries (17 in Asia and the Pacific region). In this context, the Citizen's Association for Proposing Legal and Other Systems on Human Rights was formed on 30 March 2006, bringing together individuals affected by various forms of discrimination and human rights violations as well as researchers and private organizations working for the promotion and protection of human rights in Japan. These kinds of efforts are expected to continue emerging.
Kenzo Tomonaga
Director of BLHRRI
| Back | Home |