Comments to the 3rd Report of the Japanese Government on the International Covenant of Economic, Social and Cultural Rights (ICESOR) 1st Quarterly, 2007 No.143

1st Quarterly, 2007 No.143

Comments to the 3rd Report of the Japanese Government on the International Covenant of Economic, Social and Cultural Rights (ICESOR)

For the preparation of the 3rd report on the implementation of the ICESOR, the Ministry of Foreign Affairs invited public comments for the period from July 4 to 25, 2007. BLHRRI sent its comments on the provisions specifically concerned with the solution of Buraku problem. Italics are the relevant articles of the ICESOR that the BLHRRI discusses.

1. In relation to Article 2-1

Article 2

2-1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. General comment on its implementation.

Call for the Enactment of a "Remedial Law for Human Rights Violations" (tentative title):

Under the present system in Japan, the ultimate remedial mechanism for human rights violations is the court. However, this approach entails several problems in that it is high-cost, takes much time, and there are questions surrounding its effectiveness and complexity. It should also be noted that the court makes judgments on individual human rights abuse cases, but is unable to investigate the causes of human rights violations or make proposals for drastic solutions. Because of this, the need for extra-judicial remedies has been internationally recognized, and the UN General Assembly of 1993 adopted the Principles Relating to the Status of National Institutions (The Paris Principles) to which the Japanese Government expressed its support.

The 1965 Report of the Cabinet Council on Dowa Policies urged a drastic review of the human rights systems of the Ministry of Justice, i.e. the Civil Liberties Bureau and Civil Liberties Commissioners, due to fundamental problems relating to the independence and expertise of these systems. In May 2001, the Council for the Protection and Promotion of Human Rights submitted a report entitled "the Modalities of Human Rights Remedial System" to the government, urging the improvement of the legal system and the creation of a human rights commission.

In March 2002, the government approved the Human Rights Protection Bill at a Cabinet meeting and submitted it to the Diet. A provision in the bill would have created a National Human Rights Commission as an affiliated agency of the Ministry of Justice, therefore lacking independence. In addition, the Commission was to be located solely in Tokyo without the creation of local branches in other areas of the country, raising questions regarding its effectiveness. The bill also covered human rights abuses by the media, which may have lead to the regulation of media activities. These controversial aspects of the bill drew criticism from a number of sectors including the mass media. In October 2003 the bill was scrapped upon the dissolution of the House of Representatives. In the four years since, the government has failed to submit any human rights remedial laws to the Diet. The government is urged to immediately submit a Human Rights Remedial Law (tentative name) that is in accordance with the Paris Principles. This was also mentioned on Paragraph 38 of the Concluding Observations of the Committee on Economic, Social and Cultural Rights, which considered the second periodic report prepared by the Government of Japan.

2. In relation to Article 2-1 and 2-2

Article 2

2-2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Implementation of a Fact-Finding Survey and Development of a Basic Plan for the Elimination of Buraku Discrimination:

The 1965 Report of the Cabinet Council for Dowa Policies stated that the Buraku problem was Japan's most serious social problem and that responsibility for the timely resolution of the problem rested with both the State and the nation as a whole. In 1969, the government enacted the Law on Special Measures for Dowa Projects (hereinafter "Law on Special Measures"). The government implemented special measures projects under this law until the end of March 2002. The housing environment of Buraku districts was improved as a result of these projects. Buraku living standards, educational levels and employment rates also improved to some extent, but Buraku districts still trail the rest of the country. While discriminatory attitudes towards Buraku have improved, there is still deep-rooted discriminatory consciousness against Buraku that occasionally emerges at the time of marriage and real estate purchase. "Buraku List" scandals also continue to occur. At the end of 2005, new electronic-format Buraku Lists were discovered. Discriminatory propaganda and incitement is being increasingly found on the Internet.

Despite the reality of Buraku discrimination today, the government has failed to conduct a fact-finding survey into Buraku discrimination since 1993. The government is urged to immediately conduct such a survey. Furthermore, it has been 11 years since the Consultative Body for Regional Improvement Measures submitted its observations and opinions in May 1996 regarding resolving the Buraku problem. A new council made up of experts and people who face discrimination must be created for the solution of the Buraku problem. The government should develop and implement basic policies and plans, and create a section (a Department of Human Rights) for general coordination and planning based on the discussions and outcomes of such a council.

3. In relation to Article 2-1, 6-1 and 10-1

Article 2

Article 6

6-1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

Article 10

The States Parties to the present Covenant recognize that:

10-1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.

Investigation into and Eradication of Buraku List Scandals:

The Buraku List scandal was uncovered in November 1975. During investigations it was discovered that the Buraku Lists existed in eight different versions and that more than 200 companies had purchased copies. In July 1989, the Ministry of Justice declared the de-facto termination of the scandal, but the Buraku Liberation League argued that the problem was still pervasive and deeply rooted.

During the period from the end of 2005 through 2006, three different Buraku List versions were retrieved from a private investigative agency in Osaka. Two of the three versions were different to ones previously discovered. As a result, it was confirmed that at least ten different Buraku List versions were in existence. It is troubling that the above three versions were copies of the original texts, suggesting that more copies may be in the possession of other private investigative agencies.

In addition, in September 2006, a Buraku List stored on a series of floppy discs was discovered at a private investigative agency in Osaka. Since November 1975 when the Buraku Lists were first discovered, regulations for the eradication of the problem have been repeatedly called for, but the government not introduced any such measures. The government should conduct an investigation to disclose a complete picture of the scandal, and immediately implement legislation for eradication of the problem.

4. In relation to Article 6-1

Article 6

Prohibition of Buraku Discrimination in Employment:

Prohibition of discrimination in employment is vital to solving the Buraku problem. However, such discrimination is not legally prohibited in Japan. Due to the nature of the problem, Buraku discrimination in employment rarely comes into the open. In reality, there are many companies that do not use the standardized job application form (which does not ask for any information regarding the personal background of applicants), while many others still ask questions regarding applicants' birthplaces or parents' occupations during job interviews.

ILO Convention No. 111 prescribes the prohibition of discrimination in employment and occupation. It is the key convention of the ILO, but the Japanese Government has not yet ratified the Convention. The government is urged to ratify the Convention as soon as possible, and to enact a national law that prohibits discrimination in employment against socially marginalized communities including Buraku.

5. In relation to Article 9

Article 9

The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

Pension Non-subscription Problem:

The subscription rate to the national pension scheme is relatively low for Buraku people compared to the national average. This is strongly related to Buraku employment instability. The government should take appropriate steps to tackle the pension non-subscription problem taking the employment conditions of Buraku people into consideration.

6. In relation to Article 10-1

Article 10

The States Parties to the present Covenant recognize that:

Eradication of Marriage Discrimination and Abolition of the Family Registration System:

Marriage discrimination is the most serious aspect of Buraku discrimination. Through educational efforts to eliminate Buraku discrimination and human rights awareness-raising, intermarriage rates between Buraku and non-Buraku have recently increased. However, marriage discrimination incidents in which couples are unable to marry or face difficult situations during their marriage due to strong opposition from non-Buraku family are continuing to occur.

Marriage discrimination is strongly related to the problem of personal background investigations conducted by private investigative agencies, which are not prohibited by the state. A ban on these acts through appropriate measures is urgently required. Also, those families who are originally from Buraku, but have moved to non-Buraku areas, still face marriage discrimination. The acquisition of a copy of a person's family register and investigation into their original domicile constitutes marriage discrimination against Buraku. Since the family registration system is based on families as whole units, it contributes to other forms of discrimination such as that against illegitimate children. The family registration system should be abolished as it conflicts with the guarantee of individuals' human rights enshrined in international covenants and the Constitution of Japan. As a provisional remedy until the family registration system is abolished, the family registration law should be amended so that city halls must notify individuals when their family register is viewed by a third party.

7. In relation to Article 13-1

Article 13 General comment on its implementation

13-1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

Promotion of Human Rights Education and Dowa Education:

Education and awareness-raising play important roles in the elimination of Buraku discrimination. Public understanding of the Buraku problem improved to some extent with the promotion of Dowa Education in the past, but understanding does not necessarily lead to the elimination of prejudice.

The proposals of the Consultative Council on Regional Improvement Measures in May 1996 urged the development of human rights education based on the achievements of Dowa Education. Since the termination of the Law on Special Measures at the end of March 2002, Dowa Education has been sharply set back in the rapidly changing environment and conditions surrounding Dowa Education.

The Law Concerning the Promotion of Human Rights Education and Awareness-Raising of 2000 clearly states that human right education should be promoted in all sectors and at all levels of society. Article 1 (Objective) of the law states: "Considering the rising awareness about the importance of respecting human rights, current state of human rights violations including the occurrences of unjust cases of discrimination based on social status …" In this, "social status" refers to Buraku discrimination. In order to develop human rights education in Japan based on the achievements of Dowa Education, it is important that Dowa Education be considered as a principal pillar of human rights education programs. In school education, the promotion of Dowa Education should be decisively included in school curriculum guidelines. At the higher education level, all universities/colleges should provide lectures on the Buraku problem, and those students who take teacher-training courses should attend such lectures as part of their compulsory subjects. School sociology and history textbooks should systematically include descriptions of the Buraku problem. Learning about the Buraku problem should be a principal pillar in social and life-long education.

8. In relation to Article 13-2-(b) (c)

Article 13-2-(b) (c)

13-2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

(b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

Withdrawal of Reservation of the Provision Prescribing the Progressive Introduction of Free Secondary and Tertiary Education:

The guarantee of equal opportunities in employment and education is the most vital issue in resolving the Buraku problem. As a result of the Law on Special Measures, which was implemented for 33 years from 1969 until 2002, the high-school enrollment rate for Buraku children improved and narrowed the gap with the national average by five points, largely due to a special scholarship system. Also, the college enrollment rate increased to 60% of the national average. A new scholarship system was created as a general measure upon the termination of the Law on Special Measures, but Buraku communities have been severely hit by destitution caused by widening gaps in today's society and there are fears that enrollment rates for Buraku high school and college students may start to decline.

Considering these circumstances, the Japanese government should immediately withdraw its reservation regarding Article 13-2-(b) and (c) of the International Covenant on Economic, Social and Cultural Rights, and begin the progressive introduction of free education at secondary and tertiary levels. Specifically, the scope of exemption for school tuition fees should be expanded and a scholarship benefit scheme should be introduced as short-term measures.

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