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The Fifth Periodic Report by the Government of Japan

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The Fifth Periodic Report by the Government of Japan THE FIFTH PERIODIC REPORT BY THE GOVERNMENT OF JAPAN UNDER ARTICLE 40 PARAGRAPH 1(b) OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS December,2006 CONTENTS I.Part 1 General Comments ・Institutional Aspects of Human Rights Protection in Japan ・The Concept of “Public Welfare”in the Constitution of Japan ・ The Relationship between the Covenant and Domestic Laws including the Constitution of Japan ・Human rights education, encouragement, publicity II. Part 2 Article - by - Article Report Article 1 ：Right of Self-Determination Article 2 ：Obligation to Implement the Covenant ・Concerns Pertaining to Foreign Nationals ・Measures for Persons with Disabilities ・The First Optional Protocol Article 3 ：Gender Equality Principle ・Mechanisms for the Promotion of the Realization of a Gender-Equal Society ・Basic Law for a Gender-equal Society ・Basic Plan for Gender Equality ・Women's Participation in Decision-making Processes ・Employment Measures ・Protection from Violence Article 4：Measures Derogating from Obligations under the Covenant taken in a Time of Public Emergency Article 5 ：Exemptions Article 6 ：Rights Concerning Life ・The Issue of the Death Penalty Article 7 ：Prohibition of Torture and Other Cruel Treatment Article 8 ：Prohibition of Bondage and Forced Labor Article 9 ：Liberty of Person ・Legal Framework ・Detention of Suspects ・Detention in the Immigration Facilities ・Habeas Corpus Law Article 10 ：Treatment of Detainees ・Legal Framework ・The Right to Consultations with Defense Counsel in Criminal Custodial Facilities ・Treatment in Correctional Institutions ・So-called " Substitute Prisons" Article 11 ：Prohibition of Civil Detention Article 12 ：Liberty of Movement and Freedom to Choose the Place of Residence ・The System of Re-entry Permission Provided for in the Immigration Control and Refugee Recognition Act ・Present Day Policies of Japan on Refugees Article 13 ：Deportation of Foreign Nationals ・System for Appeal against Denial of Permission for Extension of Period of Stay or Change of Status of Residence ・Immigration Administration Not Subject to the Administrative Procedure Law Article 14 ：Right to Receive a Fair Trial ・Legal Framework ・Disclosure of Evidence to the Defense Counsel Article 15 ：Prohibition of Ex Post Facto Punishment Article 16 ：Right to Recognition as a Person Article 17 ：Respect for Privacy, etc. ・Protection of Personal Information ・Compensation for Eugenic Sterilization Operations Article 18 ：Freedom of Thought, Conscience and Religion Article 19 ：Freedom of Expression ・Restrictions on Freedom of Expression ・Protection of the Rights of Crime Victims Article 20 ：Prohibition of Propaganda for War Article 21 ：Right to Assembly Article 22：Freedom of Association ・Labor Unions ・Declaration of Interpretation Article 23 ：Right to Family and Marriage Article 24 ：Rights of the Child ・Overview ・Right to Acquire a Nationality ・Protection of Children Article 25 ：Right to Take Part in Public Affairs Article 26 ：Equality under the Law ・Treatment of a Child Born out of Wedlock ・The Dowa Problem Article 27 ：Rights of Minorities ・Policies Related to the Promotion of Ainu Culture ・Policies Related to Improving the Standard of Living of the Ainu People in Hokkaido ※All the information of this report is from July 1997 (after Fourth Periodic Report) to March 2003 unless otherwise mentioned. Part 1 General Comments 1. Institutional Aspects of Human Rights Protection in Japan （1）Overview (a) The Reports of the Council for the Promotion of Human Rights Protection and Submission of the Human Rights Protection Bill 1. The Council for the Promotion of Human Rights Protection, which was established in the Ministry of Justice (MOJ) in March 1997 based on the Law for the Promotion of Measures for Human Rights Protection passed in December 1996, submitted a report in July 1999 on basic matters concerning the promotion of measures for human rights education and encouragement as well as reports on the framework of the human rights remedy system in May 2001 and on reform of the human rights volunteers system in December 2001. Based on these reports, in March 2002 the Government of Japan (GOJ) submitted to the Diet the Human Rights Protection Bill which has the objectives of carrying out fundamental reform of the existing human rights volunteers system and establishing a human rights committee, an entity independent of the GOJ, under which human rights awareness and effective remedy of harm caused by human rights infringements will be promoted. The bill was not passed, however, due to dissolution of the House of Representatives in October 2003. The GOJ will continue to review the bill. (This paragraph is an amended version of all of Paragraph 51 of the main report.) (b) Number of Cases of Human Rights Infringement Investigated and Resolved by the Human Rights Organs (from 2000-2003) 2. The number of human rights infringement cases handled by the human rights organs under the MOJ was 17,391 in 2000, 17,780 in 2001, 18,323 in 2002, and 18,786 in 2003. The human rights organs under the MOJ aim to remedy and prevent harm from human rights infringement with respect to a variety of human rights issues through consultations on human rights and investigation and resolution of human rights infringement cases. The major breakdown of cases handled by the human rights organs under the MOJ in 2003 is as follows: Violence and abuse (e.g., violence by a person against his spouse, child abuse);5,093 cases (27%) Coercion and compulsion (e.g., compelled divorce, harassment in the workplace);4,632 cases (25%) Safety of the residence and lifestyle (e.g., disputes among neighbors concerning noise);3,330 cases (18%) Defamation and invasion of privacy;1,267 cases (7%) (2) Report on the “Framework of the Human Rights Remedy System” and Report on the “Reform of the Human Rights Volunteers System” (a) Report on the “Framework of the Human Rights Remedy System” 3. The Council for the Promotion of Human Rights Protection commenced a detailed investigation and discussion on the framework of the human rights remedy system in September 1999 and submitted a report in May 2001. This report recommends that the human rights remedy system should be primarily focused on non-judicial conflict resolution which is simple, fast and easy to use, that makes flexible remedies possible, and considers the system as supplementing judicial remedy of the last-resort conflict resolution. The report also recommends the following specific roles of the human rights remedy system: comprehensive consultation and assistance for all forms of human rights infringement, simple remedies utilizing methods such as guidance, and more assertive remedies for people who would find it difficult to protect their rights themselves, such as victims of discrimination and abuse. The report also indicates that it is necessary to put in place such systems as mediation, arbitration, recommendation, public disclosure and assistance for lawsuits, and suggests the need for a committee mechanism that is independent of the GOJ to carry out the remedies. (b) Report on the “Reform of the Human Rights Volunteers System” 4. The Council for the Promotion of Human Rights Protection, after submitting the report on the “framework of the human rights remedy system,” continued to investigate and discuss the human rights volunteers system and submitted another report on the "reform of the human rights volunteers system" in December 2001. With more than 50 years having passed since establishment of the human rights volunteers system, this report reviews the system and makes recommendations for more effective system from various perspectives including measures to secure suitable human rights protection volunteers and measures to revitalize the activities of human rights volunteers under the new human rights protection system led by the Human Rights Committee (provisional name), which is independent of the GOJ. (3) Remedies for Unfair Treatment by the Police or Immigration Authorities (a) Remedy System for Unfair Treatment by Public Officials Exercising Public Authority 5. When public officials exercising public authority intentionally or negligently in the course of their duties illegally cause harm to another person, it is possible to claim compensation for damages to national or local public organizations (State Redress Law, Article 1, Paragraph 1); when the unfair treatment by the public official exercising public authority constitutes a crime, it is possible to file a complaint or accusation in accordance with the Code of Criminal Procedure (Code of Criminal Procedure, Article 230, Article 231, Paragraph 1 of Article 239). (b) Systematic Mechanism Concerning Treatment of Detainees by the Immigration Bureau 6. In Japan, detainees who believe that their detention under the deportation procedures or the issuance of a written deportation order is illegal are able to seek a court judgment concerning such legality pursuant to the procedures provided for in the Protection of Personal Liberty Act or the Administrative Case Litigation Law, and are also able to pursue criminal prosecution or take legal remedies through legal procedures such as national redress in response to illegal acts by the immigration officers. 7. In particular, concerning the treatment of detainees in the detention facilities of the Immigration Bureau, maximum consideration is given to the rights of the detainees, and the detainees are given maximum liberty subject to security requirements as well as the full guarantee of the rights of the detainees to communicate
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