1. Current Situation Regarding Human Rights in Japan

1-1. There are still numerous human rights violations and discrimination by public authority as well as among private citizens in the Japanese society today. Nevertheless, the situation, in which human rights violations and discrimination are not recognized as serious issues that harm the dignity of human beings, continue in the society.

1-2. Until now, the recognition in the Japanese society on certain issues, that these issues are human rights issues, has progressed through movements driven mainly by those, whose human rights were violated or who were discriminated. Pressured by such movements and recognition, there has been some improvement in the administrative policies as well as legal and other systems on various human rights issues made by the national and local governments. There are also a few cases, in which these movements influenced the courts, resulting in decisions providing human rights remedies.

1-3. On several serious human rights violations and discrimination, there has been social acknowledgement that these were human rights issues, and the movement for legal and other systems prohibiting the human rights violations or discrimination has been developed mainly by those whose rights were affected. But there are still a few human rights violations and discrimination, which are not sufficiently recognized as human rights issues, and are not dealt with as human rights problems. There are even cases, in which discrimination is justified or accepted, and the accusations themselves by those affected are denied. Because of this background, there are many people, whose human rights were violated or discriminated, who could not raise their voices in protest, and are forced to suffer and endure on their own.

1-4. Furthermore, in recent years, with the background of neo-liberalism emphasizing self-help efforts and self responsibility, nationalism putting the "country" before the "people," xenophobia denying the multi-ethnic and multi-cultural co-existence and the establishment of legal and other systems under the pretext of anti-terrorism, which might restrict the citizens' life in freedom, even those rights and freedoms, which had been achieved, are under attack.

1-5. As a result, even on issues, which have been recognized as human rights violations and discrimination, the recognition and understanding themselves are criticized and attacked without detached discussion, and the minorities[1] , whose rights are affected or discriminated, are marginalized[2], separated from the other people.

1-6. At the same time, the situation continues, in which minorities, whose rights are violated or discriminated, are themselves separated from each other and cannot unite. However, even though the human rights violations and discrimination suffered by minorities may be different for each group, there is a commonality and similarity in the social and structural background, from which these violations are caused, and there is considerable room for cooperation and solidarity.

1-7. In the regions in East Asia, as in Japan, the people, whose human rights are violated and discriminated are marginalized and isolated. Although the situation of Japanese minorities and East Asian minorities, whose human rights are violated and discriminated are similar, there has been little progress in the cooperation and solidarity among them.

2. The Basic Perspectives in Making the Proposal

2-1. The purpose of human rights is to mutually recognize and respect the rights we have, and to ensure the dignity of human beings. They are the basic social rules enabling co-existence with others. In order to realize a society, in which minorities and other people join in solidarity while recognizing each other's existence and dignity, and live together in the community, the value of "human rights" must be placed in the basic perspective.

2-2. There are in fact "minorities, who were made invisible" and "minorities, whose existence were not appropriately made known," in the Japanese society. Human rights remedies and elimination of all discrimination for these minorities must be realized, taking into consideration the history and background, in which these minorities were marginalized.

2-3. Based on specific human rights violations and actual conditions of discrimination, the perspectives of these minorities themselves, seeking solutions to the specific issues they face, must be given importance. For that purpose, it is essential to give importance to effective participation by the minorities themselves in all areas, in particular in public policy decision-making. The environment must be created, enabling minorities themselves to initiate lawsuits on human rights issues, to take the leadership role in solving the issues.

2-4. The situation of the people, whose human rights are violated or discriminated must be fully recognized and marginalization must be solved. For that purpose, it is necessary to give importance to the perspective, that cooperation and solidarity among those people are essential.

2-5. We must learn from the development of the construction of the human rights remedies system in the UN, the other countries of East Asia and the region, and plan "legal and other systems on human rights" in solidarity with them.

2-6. The plan for "legal and other systems on human rights" must be linked with the work to create a human rights culture for the 21st century.

3. Basic Framework of the Proposal

3-1. We will learn from the movement for the specific solutions to human rights violations and discrimination, the social background of each case and the failures in the administrative and judicial systems, which are making the remedies difficult, as well as analyze the structural problems in the modern society to make concrete proposals.

3-2. We will make the proposal after clarifying the common historic background and social structure, which bring forth the various human rights violations and discrimination, as well as the problems in the legal system, which is based on them, and recognizing the issues common in all human rights areas.

3-3. We propose the improvement of laws, which prohibit human rights violations and discrimination, and enables human rights consultations and remedies, in which minorities, whose rights are affected, can participate effectively.

3-4. On concrete human rights issues, we propose the establishment of an effective human rights remedies system, in which restitution and compensation to the victims of human rights violations, support for independence, prevention of recurrence of human rights violations, studies and coordination on individual issues, as well as education and counseling as measures for preventing human rights violation are conducted in an integrated manner.

3-5. We propose implementation of effective human rights education and awareness raising, in order to prevent human rights violations and discrimination.

4. Our Proposal

4-1. Immediate Issues Regarding the Human Rights Remedies System

4-1-1. Proposal on the creation of a national human rights institution

In order to provide simple, swift and effective remedies for human rights violations and discrimination by public authorities as well as human rights violations and discrimination among private citizens, a national human rights institution independent from the government (for example, a human rights commission) should be established without delay. The national human rights institution should be established as a national body based on legislation and at the same time, should be established in each prefecture. The prefectures should consider establishing their own human rights remedies institutions regardless of a national human rights institution based on legislation.

4-1-2. Proposal on the functions of a national human rights institution

A national human rights institution should have the following functions and roles.

(1) human rights consultation from the perspectives of those whose human rights were violated and discriminated.

(2) human rights remedies providing solutions, that satisfy the people, whose human rights were violated and discriminated.

(3) human rights education and awareness raising making use of the experience and expertise in human rights consultation and human rights remedies.

(4) policy proposal towards overall improvement of the human rights situation.

4-1-3. Proposal on human rights remedies system of local governments

Each prefecture and each municipality should establish an integrated consultation desk regarding human rights in order to solve the local human rights issues in a manner suited to the local situation and characteristics. The consultation desk should maintain close cooperation with the national human rights institution, human rights remedies institutions of the local governments as well as the various departments of the local governments, and should help in providing effective remedies for human rights violations and discrimination.

4-1-4. Proposal on the individual complaints system in international law

Relevant treaties should be ratified, etc., to enable people, whose human rights were violated or discriminated, to use the individual complaints system under the international human rights treaties as a measure for human rights remedies.

4-2. Basic Issues on Legal and Other Systems on Human Rights

4-2-1. Proposal on amendment and abolishment of laws and systems violating human rights

Laws, which themselves violate human rights or cause discrimination, such as the Civil Code discriminating children born of unmarried parents in inheritance or the Immigration Control and Refugee Recognition Act and Alien Registration Law, which are factors in discrimination against foreigners, should be examined and necessary measures taken for amending or abolishing them. The Family Register system, which encourages discrimination against women, Buraku people and children born of unmarried parents, should be drastically reviewed. Further, administrative and judicial legal and other systems as well as practices, which make provision of human rights remedies difficult, should be identified and amended or corrected appropriately.

4-2-2. Proposal on legislation of a basic law on human rights

A basic law on human rights should be legislated to (1) affirm that human rights are norms, which should be respected in all aspects, (2) clarify the definition for "human rights," "human rights violations" and "discrimination," and (3) clarify the responsibility of national and local governments to protect human rights. The law should respect the language and culture of the indigenous Ainu people, people of the Okinawa community, foreigners, ethnic minorities and others, as well as aim for a construction of a multi-ethnic and multi-cultural society.

4-2-3. Proposal on legislation of anti-discrimination law for specific groups

Regarding human rights violations and discrimination against women, children, people with disabilities, people of Buraku origin, foreigners and other groups, anti-discrimination law should be legislated for each group, taking into consideration the characteristics of each group. In doing so, the prohibition on discrimination should not be general and abstract, but should explicitly include the prohibited grounds of discrimination and discriminatory acts, as well as include prohibition on unintentional discrimination, discrimination based on traditional culture and practices, as well as discrimination rooted in paternalism.

4-2-4. Proposal on establishment of an integrated structure to promote human rights administration for national and local governments

In order to create a society in which human rights is respected in all areas, the state should engage in integrated coordination of human rights related policies in all government ministries and agencies, and should establish a human rights agency under the Cabinet Office with the authority to write plans regarding human rights policies. Similarly, local governments should create administrative departments with the function of integrated coordination regarding human rights policies. The national and local governments should prepare guidelines for the promotion of human rights policies, etc., to remove the harms of sectionalism in the administration and promote integrated and planned implementation of the policies.

4-2-5. Proposal on promotion of human rights education and awareness raising

The state and local governments should actively improve the conditions so that human rights education and awareness raising would be promoted according to plan in all areas. In doing so, the Law on the Development of Human Rights Education and Encouragement as well as the UN World Programme for Human Rights Education, etc., should be utilized. In implementing human rights education and awareness raising, consideration should be given to empowering people, whose human rights are violated or discriminated, as well as changing the attitude of people, who sit by and watch as human rights violations and discrimination occur. In particular, focused human rights education and awareness raising should be implemented for people exercising public authority, people enforcing the law, or those in positions related closely with human rights, so that these people would not violate human rights or discriminate.

4-2-6. Proposal on utilizing the international human rights sytem

In order to solve individual human rights violation cases and to prevent recurrence, the recommendations made by international human rights institutions to Japanese and local governments should be implemented appropriately. Also, as a member of the Human Rights Council, Japan should take an active role in improving the human rights situation in the world. At the same time, it should maintain the position of reviewing the human rights situation in Japan from a global perspective.

4-2-7. Proposal on a regional human rights system in East Asia

In view of the deepening relationship of political and economic mutual interdependence in the East Asian region, as well as the similarity in the cultural basis, improving and perfecting the legal and other systems on human rights in Japan will have a positive significance for the improvement of the human rights situation of the people in the neighboring East Asian countries. Therefore, in building a human rights law system in Japan, we should bear in mind the human rights situation of the people of East Asia and aim for a human rights system in the East Asia region in the future. As a first step, we should establish without delay a national human rights institution, join the Asia-Pacific Forum for National Human Rights Institutions and actively participate in the international efforts towards building a regional human rights system in East Asia.

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1. "Minority" refers to those "being few in number" but in this text, it refers not to the size of the number but to those, who are treated disadvantageously in social, political and economic aspects or whose existence is neglected.

2. Marginalization is a concept, in which the society is compared to a circle, whose centre is occupied by those with authority or in social majority, and social minorities are pushed outside the circle of the society as "heretics." Those, who are vulnerable to human rights violations and discrimination, tend to be excluded from the centre of the society, and can indeed be seen as "marginalized" people.