ASIA-PACIFIC APRIL 2010 VOLUME 59 Focus Asia-Pacific Newsletter of the Asia-Paciﬁc Human Rights Information Center (HURIGHTS OSAKA) June 2012 Vol

FOCUS ASIA-PACIFIC APRIL 2010 VOLUME 59 Focus Asia-Pacific Newsletter of the Asia-Paciﬁc Human Rights Information Center (HURIGHTS OSAKA) June 2012 Vol. 68

Contents Editorial

Detention Centers and Prisons in Japan This is a discussion of the issues regarding Japanese detention centers and prisons International Pressure that have been discussed in the Universal Period Review of Japan in 2008. - HURIGHTS OSAKA International pressure, with international media support, can Page 2 force governments to take action on speciﬁc human rights violations. It can make governments admit the existence of Death Penalty in Japan such human rights violations, or hold those responsible for This is an edited version of the section on the violations accountable. death penalty of the counterreport ﬁled by the International Federation for Human Rights and the Center for Prisoners’ Rights But the more “regular” international pressure may not have for the second Universal Periodic Review the same impact. International pressure arising from of Japan. - International Federation for Human conclusions, recommendations, general comments and Rights and the Center for Prisoners’ Rights resolutions of the human rights bodies of the United Nations Page 6 (UN) needs assistance to create national impact.

Map Ta Phut: New Minamata? Outside the halls of the UN and beyond the circle of human This is a presentation of the issues rights organizations lobbying in the UN, much of the analyses regarding industrialization and the right of and recommendations by the human rights bodies for better people to health focusing on the case of promotion and protection of human rights remain unknown Map Ta Phut village in the Eastern Seaboard Industrial Zone in Thailand. to the people who should beneﬁt from them. - HURIGHTS OSAKA Page 10 Government action on the conclusions, recommendations, general comments and resolutions of the UN human rights Human Rights Center for Thailand bodies depends on national pressure. Unless they suffer from This is a report on the international massive repression that provides little space for action, people seminar on the establishment of a human at the national level should be able to assert the pressure on rights center in Thailand. their respective governments. - Jefferson R. Plantilla Page 14 It is thus imperative on the part of the organizations involved in UN human rights lobby to bring this international pressure from UN human rights bodies to the domestic sphere.

1 FOCUS ASIA-PACIFIC JUNE 2012 VOLUME 68

Detention Centers and Prisons in Japan

HURIGHTS OSAKA

he Universal Periodic in the [Japanese] Penal Code, devices, the provision of TReview (UPR) of the United and that in particular “mental medical assistance to all Nations (UN) Human Rights torture” within the meaning of inmates at all times and that it Council facilitates the the Convention’s definition is should consider placing discussion and analysis of not clearly defined under medical facilities and staff reports on the human rights articles 195 and 196 of the under the jurisdiction of the situation in UN member-states.1 Penal Code and also that Ministry of Health.6 The record of the UPR penalties for related acts, such processes, however, would as intimidation, are The national report of Japan for remain stuck in the files of the inadequate.3 the 2008 UPR explains the steps UN and diplomatic missions being taken on the issues raised unless deliberately and xxx xxx xxx by treaty monitoring bodies systematically brought out to 16. CAT was deeply concerned such as ensuring that “a heating/ the people of the countries about allegations of continuous cooling system is installed in the involved for further discussion prolonged use of solitary detention facilities” and and subsequent action. confinement, despite the new “medical treatment from a provisions of the 2005 Act on doctor at public expense if a It is in this light that the 2008 Penal Institutions and the detainee is sick or injured” is UPR of Japan’s human rights Treatment of Sentenced provided. There is no response situation is being presented in Inmates limiting its use. The to the suggestion to put the this article. It focuses on the State should amend current medical service under the situation of detention centers “jurisdiction of the Ministry of and prisons in Japan, one of the legislation to ensure that solitary confinement remains Health.” There is a statement issues discussed in the UPR that the overcrowding of the an exceptional measure of process. penal institutions is being limited duration. In particular, addressed. Later in 2012, the second UPR the State should systematically of Japan’s reports will be held. review all cases of prolonged The national report of Japan Will there be new answers to solitary confinement, by means does not discuss the issues old issues? of a specialized psychological regarding non-inclusion of the and psychiatric evaluation, definition of torture in the penal Detention Centers and Prisons with a view to releasing those law, and solitary confinement. whose detention can be The 2008 UN summary report considered in violation of the The UN summary report on observations of the treaty Convention.4 discusses the long-standing monitoring bodies on detention issue of substitute prison system centers and prisons in Japan The report further states that:5 called daiyo kangoku:7 raises questions:2 15. The general conditions of 17. In 2007, CAT was deeply 14. CAT [Committee Against detention in [Japanese] penal concerned at the systematic Torture] noted with concern institutions, including use of the Daiyo Kangoku that a definition of torture, as overcrowding, were of concern substitute prison system for the provided by article 1 of the to CAT. The Committee prolonged detention of arrested Convention [against Torture recommended that Japan take persons even after they appear and Other Cruel, Inhuman or effective measures to improve before a court, and up to the D e g ra d i n g Tr e a t m e n t o r conditions of detention, ensure point of indictment. This may Punishment], was not included strict monitoring of restraining lead to a de facto disrespect of

2 FOCUS ASIA-PACIFIC JUNE 2012 VOLUME 68

the principles of the Concluding Observations of the in police facilities or in penal presumption of innocence, Human Rights Committee on institutions. The State should right to silence and right of Japan’s Fifth Periodic Report11 take all appropriate measures to defence.8 Similar concerns provides additional explanation ensure that the right of inmates were raised by the HR [Human that justifies the continued to complain can be fully Rights] Committee in 1998.9 existence of daiyo kangoku. exercised.14 In relation to Essentially, the argument for victims of sexual violence, CAT During the interactive dialogue continued use of daiyo kangoku also called for the prompt and of the UPR, Japan’s response is that it is “operated for swift impartial investigation of 10 further explained this issue: and appropriate investigation allegations of torture and ill- With regard to the police and also for the convenience of treatment with a view to detention system, it was the detainee’s defence counsel prosecuting those responsible.15 12 explained that the necessity of and family members.” Additionally, the State should detention was strictly The UN summary report also take appropriate measures to examined by the police, a mentions the issue of ensure that all victims of acts prosecutor, and a judge in due complaints mechanism:13 of torture or ill-treatment can order, and that a judge decides exercise fully their right to on its necessity and the 24. Additionally, CAT was r e d r e s s , i n c l u d i n g placement of the detention for concerned at: (a) the lack of an c o m p e n s a t i o n a n d a maximum of 10 days. A effective complaints system for rehabilitation.16 prosecutor and a judge persons in police custody; (b) respectively review the the lack of authority of the Japan responded to this issue by necessity of the extension of Board of Visitors for Inspection stating during the interactive the detention, and a judge of Penal Institutions to dialogue of the UPR that “a order is also necessary for the investigate cases or allegations complaints mechanism has extension, which cannot of acts of torture or ill– been developed in order to exceed 20 days in total. The treatment; (c) the lack of ensure the appropriate treatment of detainees.” In its Delegation stated that the independence of the Review national report, it cites as one of substitute detention system was and Investigation Panel on the amendments to the penal indispensable to carrying out Complaints by Inmates in law (Act on Penal Detention prompt and effective Penal Institutions and its Facilities and Treatment of investigations. At the police limited powers to investigate cases directly; (d) statutory Inmates and Detainees) that detention facilities, “(C)omplaint mechanisms investigative officers were not limitations on the right of inmates to complain and the consisting of a petition for allowed to control the review, report of cases and treatment of detainees; impossibility of defence counsel assisting clients to file filing of complaints are detention operations were provided.” Thus a complaints conducted by the detention a complaint; (e) reports of adverse consequences for mechanism has been developed division of the facility, which is where a “petition of objection inmates as a result of having not involved in investigations may be sent to the Prefectural filed a complaint and of at all. The Delegation also Public Safety Commission, a lawsuits rejected on the explained that, regardless of third party institution which grounds that the term for the type of crime committed, controls the prefectural police.” d e t a i n e e s c a n h a v e claiming compensation had consultations with their lawyer expired. The State should also Comments of the Stakeholders at anytime and there is no consider establishing an official watch person during independent mechanism, with The UPR process includes the the meeting and no time authority to promptly and consideration of reports from limitation. impartially investigate all the “stakeholders” which allegations of, and complaints mainly consist of non- Japan’s 2010 submission on about, acts of torture and ill- governmental institutions that f o l l o w - u p t o t h e t r e a t m e n t f r o m b o t h work on human rights issues. recommendations in the 2008 individuals in pretrial detention Among these stakeholders,

3 FOCUS ASIA-PACIFC JUNE 2012 VOLUME 68 several Japanese non- as explicit directives for prompt committees to inspect prisons, governmental organizations and unhindered access to legal and the improvement of the submitted their respective counsel as well as electronic complaints mechanisms.”22 reports. Their reports contradict r e c o r d i n g o f a l l on several points the national interrogations.”20 However, they express concern report of Japan and its responses about “the possibility for the during the interactive dialogue. The Japan Federation of Bar revalidation of the period of the The OHCHR compiled these Associations (JFBA), responding solitary confinement with no reports and submitted a to the 2010 comments of Japan limitation, the introduction of a summary to the HRC.17 on this issue (in response to the new type of handcuffs and their Human Rights Committee use together with the solitary On the issue of daiyo kangoku, Concluding Observations), confinement, … the absence of the stakeholder summary report persistently argues for its definitive provisions for the stresses several points:18 abolition on the ground that:21 investigation of deaths in prisons,” and the provision of a. The detention of persons in no other system in the world where police detention can be “medical assistance to police cells for up to twenty- prisoners” not being under the continued for as many as 20 three days without charge. jurisdiction of the Ministry of days. In addition, the excuse Health.23 JFBA explains further b. The lack of regulations that it is impossible to in 2010 that “mental and regarding the length of construct detention facilities physical effects of the solitary interrogations, the restriction cannot be accepted today, 30 confinement rule for death row on access to lawyers of years after the problem of inmates is serious, and it is detained persons, the lack of substitute prisons was first absolutely necessary to amend recording of interrogation pointed out by the JFBA. The Article 36 of the Act on Penal 19 sessions and the concern only way to avoid “the risk of Detention Facilities and that this system is routinely prolonged interrogations and Treatment of Inmates and being used to obtain abusive interrogation methods Detainees, so as to substantively 'confessions' through torture with the aim of obtaining a guarantee mutual contact or other cruel, inhuman or confession” is to abolish outside of individual cells.”24 degrading treatment, such as substitute prisons, which the beating, intimidation, sleep JFBA has consistently called While some improvements have deprivation, questioning for. been made on the situation of from early morning until late detention centers and prisons in at night, and making the JFBA adds that it does not call Japan, there remain a number of suspect stand or sit in a for immediate abolition of daiyo issues that have to be fixed position for long kangoku. Instead, it asks to sufficiently addressed in order periods. The 2008 National “begin … abolishing the to fully protect the human rights Police Agency guidelines for [system of] detention of of detained persons and conducting interrogations suspects to whom it would convicted prisoners in the h a v e b e e n f o u n d cause more adverse effects, country. It is expected that the such as those who deny the 25 inadequate. recommendations of several alleged crimes and juvenile member-states during the 2008 c. The lack of an independent suspects.” UPR would be the focus of institution to investigate discussions in the 2012 UPR of On the new Act on Penal complaints while suspects the human rights situation in Detention Facilities and are in police detention Japan. Treatment of Inmates and facilities. Detainees enacted in 2006, and For further information please The stakeholders recommend took effect in June 2007, several contact HURIGHTS OSAKA. the abolition of the daiyo stakeholders recognize the kangoku (substitute prison) “positive provisions, such as the system, or “bring it into line expansion of prisoners’ contacts with international standards, with the outside world, the and implement safeguards, such establishment of independent (Continued on page 15)

4 FOCUS ASIA-PACIFIC JUNE 2012 VOLUME 68

Death Penalty in Japan

International Federation for Human Rights and the Center for Prisoners' Rights Japan

ince 2008, when Japan's However, Chiba, as Justice meetings, her immediate Shuman rights record was Minister, did not take any action successor Minister Yoshito brought under the Universal to realize INDEX 2009 during Sengoku held one meeting, and Periodic Review of the United the first ten months of the new Minister Satsuki Eda held three Nations Human Rights Council, government. meetings. Each Minister twenty people had been expressed the expectation that executed. Among these On 28 July 2010, the first the Panel discussions would executions, fifteen were executions under the DPJ trigger national debate on death approved by the previous government took place. At a penalty, but no such debate government of the Liberal press conference, Minister occurred. Democratic Party (LDP), and Chiba announced that she had ordered the execution of two five by the current government Challenges to the New Minister prisoners, both detained at of the Democratic Party of Japan of Justice (DPJ) that won the general Tokyo Detention Center. She elections in 2009. was also the first Justice Minister By September 2011, a new to attend executions. On this Minister of Justice was While there was no execution in occasion she announced her appointed (Hideo Hiraoka) who 2011, the current Justice plan to create a Study Panel at said that "some people say [that] Minister Toshio Ogawa ordered the Justice Ministry to study the not signing off executions is the execution of three death row following items: a. approach on sabotaging the duty of the inmates on 29 March 2012. The addressing the issue of either Justice Minister, but the minister conservative LDP and some abolition or retention of the also has the duty to consider sections of the media have been death penalty; b. execution how to handle the death calling for executions in system including notices on sentence amid various response to the growing death executions; c. provision of international opinions on the row population. information on executions to subject."2 the public; and d. visit of INDEX 2009 and Death Penalty members of the media to the During the first Panel meeting execution chamber. on 17 October 2011 that he Prior to taking power, DPJ attended, Minister Hiraoka adopted a set of policies called The Study Panel was established expressed his determination to 'INDEX 2009' that included a on 6 August 2010 with all initiate a real "national debate" review of the death penalty members belonging to the on death penalty. He then system and a consideration of Ministry of Justice (i.e., Minister, referred the matter to the moratorium on executions. Vice Minister, Parliamentary- Legislative Panel of the Ministry, Secretary for Justice and high- which dealt with issues that The new DPJ government ranking officials of the Ministry).1 required legal amendment. But appointed Keiko Chiba as the Ministry officials refused his Justice Minister, a lawyer turned Coincidentally, the DPJ proposal. politician who belonged to the announced the establishment Diet (Parliament) Members for within the party of a working Minister Hiraoka then planned the Abolition of the Death group on death penalty. to establish another panel that Penalty, and was the Secretary- would not be an internal body General of the Amnesty Diet Since its establishment, the of the Ministry and would have Members' League of Japan. Panel held several meetings. various experts or stakeholders Minister Chiba held two

5 FOCUS ASIA-PACIFC JUNE 2012 VOLUME 68 from outside the Ministry as Hiraoka on approving recognize that it will be members. But just before its executions. difficult to abolish the death formal establishment, Toshio penalty immediately. There is no change to the fact that Ogawa replaced Hiraoka in Resumption of Executions Japan does not have a policy early January 2012. 4 The new Justice Minister, Toshio to abolish the death penalty. Toward the end of 2011, Ogawa, clearly and repeatedly After the executions, Minister Minister Hiraoka had been foreclosed the possibility of Ogawa announced that the facing strong pressure not only continuing the stay of three top officials at the Ministry from bureaucrats at the Ministry executions. He claimed that (i.e., himself, the Vice Minister who wanted to retain the death authorizing executions was the and the Parliamentary Secretary) penalty, but also from the DPJ- Justice Minister's responsibility, w o u l d h a v e p r i v a t e led Cabinet. and expressed his intention to deliberations on the execution order executions. At the same method. The four key points to On 26 October 2011, at the time, Minister Ogawa scrapped be discussed were reportedly Diet session, Chief Cabinet former Minister Hiraoka's plan the following: whether or not Secretary Osamu Fujimura said for a special panel on capital the current execution method of "the Cabinet has no plan to punishment. He also abolished death by hanging should be abolish the death penalty and it the Study Panel two months reviewed; whether or not is the role of Justice Minister to after assuming office. The Panel, inmates should be informed of sign off eventually after as its last activity, issued a their executions the day before reflection. I'd like to say to report that simply summarized the scheduled time rather than Hiraoka that he should clearly the discussions during its in the morning of the day of express his own opinion [on the meetings without providing any execution as currently role of the Minister on this recommendation or conclusion. matter]". practiced; how to inform On 29 March 2012, Minister inmates' relatives of the It was obvious that Fujimura, Ogawa ordered the execution execution; and finally, how to and Prime Minister Yoshihiko of three inmates detained at handle prisoners sentenced to Noda as well, wanted to avoid Tokyo, Hiroshima and Fukuoka death in case of abolition of the 5 issues during the Diet sessions Detention Centers. At the press death penalty. that would be targeted by the conference, he said: opposition party LDP. A de facto The lack of transparency in the stay of executions was one such I just performed my duty as a process makes deliberation on issue. justice minister. The right to these issues doubtful. In case punish criminals rests on such deliberation would take Furthermore, on 21 November Japanese nationals, and a place, there is a likelihood that 2011, the Supreme Court government poll shows the it would not involve in-depth affirmed with finality the death majority of Japanese support research or discussion since sentence of Seiichi Endo, a the death sentence.... Also, Minister Ogawa deemed a year- former leading member of Aum lay judge trials maintain the long period for deliberation as Shinrikyo Cult, as penalty for d e a t h s e n t e n c e a s a too long. Neither would the committing a series of serious punishment, and lay judges deliberation stop executions in are from the general public.3 crimes including the Tokyo view of the repeated statement Subway Gas Attack in 1995. A It is notable that Prime Minister by Minister Ogawa that he total of thirteen death sentences N o d a a l s o t o l d a p r e s s would perform his 'duty as handed down to Aum Shinrikyo conference on 30 March 2012 Justice Minister'. cultists including its guru, that he had no plan to abolish Shoko Asahara, have been the death penalty. He Public Opinion affirmed with finality. Voices explained: from the media demanded the Government officials frequently execution of Asahara, bringing in view also of the fact that cite public opinion to justify the another pressure on Minister there is still no decline in or death penalty, and yet the fact end to atrocious crimes, I remains that the government

6 FOCUS ASIA-PACIFIC JUNE 2012 VOLUME 68 has never properly measured have total control of relevant inmates, their rights are still the public opinion. information. strictly restricted.

In February 2010, the Cabinet The Prison Law,8 as amended in Lay Judge Trial and the Death Office released the results of an 2006, provides that a death row Penalty opinion poll on the justice prisoner shall be detained in a system. On the issue of death Under the new Lay Judge single cell and separated from penalty, respondents were asked system, introduced in May other prisoners day and night. to choose one of the three 2009, fourteen defendants have But the law allows, as an answers: 1. Death penalty been sentenced to death.7 exception, "mutual contacts s h o u l d b e a b o l i s h e d Among them, two death with other death row prisoners" unconditionally; 2. In some sentences have become final when they are deemed cases, the death penalty cannot due to withdrawal of appeal by "advantageous [to the prisoners] be avoided; 3. I don't know/It the defendants themselves, in light of the principle of depends. 85.6 percent of the while three sentences have been treatment prescribed in respondents chose the second upheld by the High Courts. paragraph (1) of Article 32.9 option that saw death penalty as However, the Ministry of Justice unavoidable in “some cases.” Despite the repeated admits that such treatment has Thus, there is no basis for recommendations made by the never been allowed. claiming that more than 85% of United Nations Committee the people actively supported against Torture and the Human Contacts with people outside the death penalty. Rights Committee, the prisons are also strictly limited. government of Japan still insists Only three to five people are More importantly, Japanese that mandatory appeal system is allowed to visit death row citizens have never been not needed because most inmates, while those who are provided with essential defendants exercise their right of allowed to exchange letters with information on the death appeal. However, the fact that the prisoners are not necessarily penalty system in Japan. Even two out of the twelve people permitted to meet with the after then Minister Chiba tried at the lay judge courts did prisoners. allowed the media to visit an not exercise their right of appeal execution chamber at the Tokyo provides a compelling reason Meetings between prisoners and Detention Center, almost all for having the system of their legal representatives are information other than the mandatory appeal. usually done in the presence of names and the detention places prison guards. On 27 January of the executed people have A simple majority, with at least 2012, the Hiroshima High Court remained hidden to the public.6 one vote each from among ruled that a meeting between a Despite the recommendation professional judges and lay prisoner and her/his lawyers for made by the United Nations people respectively, is enough a retrial case without the Human Rights Committee, the to render a death sentence (and presence of prison guards was government has failed to other punishments). Until the for the 'legitimate interest of the disclose necessary information death penalty has been inmate sentenced to death' and and has done nothing to "inform abolished, unanimous verdict unless special circumstances the public about the desirability should be absolutely necessary exist, a guard's attendance at of abolition [of death penalty]." for death sentences. such a meeting should not be allowed. The government sought Disclosure of information Human Rights Violations on to overturn this ruling by should be the precondition and Death Row appealing to the Supreme Court, the first step in initiating public where the case is currently discussion on the death penalty. Despite the repeated pending. Attendance of prison People would gradually advance recommendations by United guards at meetings between the level of discussion on this Nations human rights bodies to lawyers and prisoners is still a issue if the government did not respect the rights of death row common practice.

7 FOCUS ASIA-PACIFC JUNE 2012 VOLUME 68

The idea underlying the Stakeholder's Information 30 March 2012, Speeches and exception to inhumanely Report for the 14th session of Statements by the Prime Minister, restrictive treatment is “to the Working Group on the UPR www.kantei.go.jp/foreign/noda/sta maintain the peace of mind” of (April 2012) entitled “Prison tement/201203/30kaiken_e.html. the prisoners as stipulated in and the Death Penalty in 5 “Ministry of Justice's top officials to hold non-disclosed death Article 32 of the new Prison Japan,” submitted jointly by penalty deliberations,” Mainichi Law. The Ministry of Justice says International Federation for Shimbun, 10 April 2012. that “maintaining the peace of Human Rights (FIDH) and the 6 Maiko Tagusari, ‘Death Penalty mind” should not be interpreted Center for Prisoners' Rights in Japan’ (2010), East Asian Law as a tool for restricting Japan (CPR). Journal, vol. 1, no. 2, pages 93- prisoners' rights, but should be 106. used to assist the prisoners. In For further information, please 7 As of 19 April 2012. practice, however, “peace of contact: Center for Prisoners' 8 Act on Penal Detention Facilities mind” still works as a strong Rights Japan (CPR), Raffine and Treatment of Inmates and reason to restrict the prisoners' Shinjuku #902, 1-36-5 Shinjuku, Detainees. See full English ver- rights, especially the right to be Shinjuku-ku, Tokyo, Japan s i o n a t in contact with people outside 1 6 0 - 0 0 2 2 ; p h ( 8 1 3 ) www.japaneselawtranslation.go.j the prison. 5379-5055; fax (813) p/law/detail_main?vm=&id=142. 5 3 7 9 - 5 0 5 5 ; e - m a i l : For further information see “Re- [email protected]; form of Penal Institutions,” at Conclusion www.cpr.jca.apc.org/. www.moj.go.jp/ENGLISH/issues/ issues06.html. Recently, Japan failed to step 9 Article 32: Upon treatment of an forward in the right direction, inmate sentenced to death, at- i.e., maintain a de-facto tention shall be paid to help moratorium on executions that Endnotes him/her maintain peace of mind. could bring the country to agree T e x t a v a i l a b l e a t 1 Other members are: Assistant to their ultimate abolition, by www.japaneselawtranslation.go.j Vice-Minister of Justice, p/law/detail_main?vm=&id=142. hanging three inmates after Director-General of the Criminal twenty months without Affairs Bureau, Director of the executions. Legislative Division, Director of the General Affairs Division of As far as the issue of the death the Bureau, Director-General of penalty is concerned, the the Correction Bureau, Director attitude of the government of of the General Affairs Division of Japan deserves the strongest the Bureau, Director of the denunciation. And UPR process Prison Service Division of the is an absolutely precious Bureau, Director-General of the opportunity to convey Rehabilitation Bureau and Direc- international voices to the tor of the General Affairs Divi- Japanese society. sion of the Bureau. 2 Minoru Matsutani, “Hiraoka Now is the most crucial time for urges “active” debate on execu- Japan to face the strong criticism tions,” The Japan Times, 20 Sep- from the international tember 2011. Text available at www.japantimes.co.jp/text/nn20 community. Voices from the 110920f1.html. world, which tend to be ignored 3 Minoru Matsutani “Three by Japanese society, should be hanged: executions are first conveyed to the government so since ‘10’,” The Japan Times, 30 that they can change the March 2012. Text available at government's attitude towards www.japantimes.co.jp/text/nn20 the death penalty. 120330a1.html. 4 Press conference statement of This is an edited version of the Prime Minister Yoshihiko Noda, section on death penalty of the

8 FOCUS ASIA-PACIFIC JUNE 2012 VOLUME 68

Map Ta Phut: Thailand’s Minamata?

HURIGHTS OSAKA

earing the possibility of Thailand] PTT, the Thai energy chemicals that [could] cause F another leak of toxic giant.”4 several ailments.” Twenty-one chemicals, villagers from Map plants would use carcinogenic Ta Phut in Rayong province The court ruling shocked the substances in their production sued in early 2009 the business community in process. Other toxic substances government of Thailand and Thailand. The Ministry of to be used would be harmful to demanded the demarcation of Industry of Thailand estimated the respiratory system (thirty-four areas where the petrochemical the losses that might have arisen projects), neurological system industries could be located. In from the suspension of the (twenty-four projects), March of that year, the projects at a little over nineteen reproductive system (ten Administrative Court ruled that billion US dollars.5 projects), foetus (four projects), Map Ta Phut was a “pollution blood system (eighteen projects), The Thai government appealed control zone” that obliged the liver and renal (twenty-five the ruling and got the court in “authorities to measure soil and projects), skin and eyes (thirty- water quality regularly and to 2010 to allow seventy-four three projects).8 Since Map Ta come up with a plan to reduce projects to proceed, while Phut has been declared a revoking the operating licenses pollution if [found to be] too pollution control zone, pollution of two projects that were high.” 1 In order to hold emissions must be limited.9 included in a government list of accountable those who violate 6 the environmental law, the “harmful activities.” The The serious health and pollution government also ordered a study villagers and the People’s problems in Rayong province of the environmental problem, Eastern Network ﬁled another were not new. Several studies l a w s u i t b e f o r e t h e through the National had shown the rise of cancer Administrative Court to stop the Environment Committee headed cases in the province many by former Prime Minister Anand expansion of the industries. The years before the court cases Panyarachun, that found court decided in September came about. One report 2009 to suspend seventy-six eighteen types of industrial explains:10 projects due to absence of projects that might harm the environment. But this list was Thailand's National Cancer health impact assessment subsequently shortened to Institute found in 2003 that required under Article 67 of the 2007 Constitution. The decision eleven types of industrial rates of cervical, bladder, was appealed to the Supreme projects deemed harmful to the breast, liver, nasal, stomach, environment and subject to Administrative Court that throat and blood cancers were environmental and health highest in Rayong Province, decided on 2 December 2009 7 to maintain the suspension of impact assessments. where Map Ta Phut and other sixty-ﬁve projects, but allowed industrial zones are located. A eleven projects2 to proceed.3 Pollution and Health Concerns study led by Italian researchers The companies affected and released in 2007 found that A 2010 analysis by Silpakorn included “Bayer, the German people living near Map Ta Phut U n i v e r s i t y o f t h e pharmaceutical giant; Aditya had 65 percent higher levels of “environmental and health Birla Chemicals, an Indian genetic damage to blood cells impact studies” made by the conglomerate; BlueScope Steel than people in the same companies concerned found of Australia; and two dozen province who lived in rural that thirty-five of the seventy-six companies belonging to areas. Such cell damage, which industrial plants “suspended [in [Petroleum Authority of is a possible precursor to 2009] in Map Ta Phut industrial cancer, was 120 percent higher estate [would] use hazardous

9 FOCUS ASIA-PACIFC JUNE 2012 VOLUME 68

for refinery workers than for hundred corporate members in implementation of the Eastern residents of Rayong Province's Thailand were affected by the Seaboard Development rural communities. Map Ta Phut court rulings. Program. The loans were meant These companies operate in the to develop industrial estates, Petrochemical Industrial Zone chemical, steel, construction ports, roads and highway, and financial sectors.14 railway, water reservoir and Map Ta Phut was a swampy pipeline, etc. The loans area with about eight thousand In response, the Eastern recognized the strategic value people in the late 1970s. But Peoples' Network and residents of the Eastern Seaboard in the with industrial development in the Map Ta Phut vicinity over-all economic development under the Eastern Seaboard submitted a letter to the of Thailand. Several of the loans Development Plan from early Japanese Embassy, calling on involved projects in Map Ta 1980s, Map Ta Phut became a Japanese investors to stop Phut area, which was planned town with the number of pressing the Thai government to as the place for heavy chemical residents increasing to 36,000 resolve the Map Ta Phut industry.18 and over 100,000 migrant problem within five months. workers by 1992. In 1997, The coordinator of Eastern A 2000 evaluation study serious cases of health problems Peoples' Network criticized the sponsored by Japan Bank for started to occur, symbolized by stance of the Japanese International Cooperation 19 the case of students and companies considering Japan’s (JBIC) noted the need to look teachers in Map Ta Phut Pan experience in industrial at measures for limiting Pittayakarn School who were pollution, particularly the environmental impact hospitalized for inhaling toxic Minamata case.15 particularly at the Map Ta Phut air.11 area. A 1988 survey of the In January 2010, the Minister to environmental condition did The industrial zone of Map Ta the Prime Minister’s Office of not reveal serious problems due Phut includes a port that is now Thailand visited the Minister for to the modern technology used considered to be a “high- Internal Affairs and by the industrial firms in the volume, high-capacity industrial Communications of Japan to area. But at that time, the port serving the area's heavy explain efforts to resolve the “current primary environmental industries.” Being Thailand's Map Ta Phut problem. In March issue [was] the odor which has biggest industrial port, it was 2010, the Thai Finance Minister attracted attention in Thailand, built to accommodate a wide led a high-level government in connection with complaints range of vessels, equipments, delegation in a visit to Japan to from residents around the and cargoes, and to boost the “explain the strategy in dealing complex made in the past two country's export capacity.12 with the Map Ta Phut problem to three years.” The complaints to the Japanese public and started to come out in 1996. private sectors.”16 In July of that Japanese Companies The 1997 case of students and year, the then Thai Prime teachers in a school in Map Ta In early 2010, Japanese Minister (Mr. Abhisit Vejjajiva) Phut area, cited earlier, suffering companies raised concerns met the members of the from the industrial odor became about the Map Ta Phut court Japanese business community the main example of the decision and the lingering lack in Thailand and explained what problem. The Thai government of resolution of the issues. The the government was doing on took countermeasures to J a p a n e s e C h a m b e r o f the matter. He stressed the minimize the odor, according to Commerce (JCC) warned about prospect of resolving the Map the study. the possibility of having the Ta Phut issue in the next four months (including the operations of Japanese The Issue companies transferred to other resolution of court cases).17 countries due to the then Paragraphs 2 and 3 of Section prevailing situation.13 Japanese Support 67 (Community Rights) of the 2007 Constitution of Thailand About one-third of the JCC's During the 1982-1993 period, provides the following:20 more than one thousand three Japan provided loans for the

10 FOCUS ASIA-PACIFIC JUNE 2012 VOLUME 68

Any project or activity which project of the government that Next scene may seriously affect the quality involves major domestic and of the environment, natural foreign companies, requires Strong explosions preceded the resources and biological huge financial investment, and fire at the Bangkok Synthetics diversity shall not be permitted, therefore has huge role in the Co. (BST) factory in the Map Ta Phut industrial estate on 5 May unless its impacts on the quality over-all economy of the 2012. Twelve workers died, of the environment and on country; c. It involves while one hundred twenty-nine health of the people in the documented health problems others were injured.22 Hundreds communities have been studied suffered by the residents around of residents in the area and evaluated and consultation the factories. evacuated.23 The government with the public and interested The statement made by Anand ordered the closure of the parties have been organised, Panyarachun, former Prime factory, while other factories in and opinions of an independent Minister of Thailand and head of the industrial estate were organisation, consisting of the National Environment instructed to recheck their representatives from private Committee cited earlier, to security systems since more environmental and health foreign investors in the Map Ta than half of them use chemicals. organisations and from higher Phut industrial zone captures to The Thai Prime Minister visited education institutions providing a large extent what the affected the victims and the factory area. studies in the field of people want to say:21 She met with “relevant agencies environment, natural resources at the Map Ta Phut industrial or health, have been obtained You cannot equate your estate office where she ordered prior to the operation of such [financial] book losses with the the committee to be set up to project or activity. loss of lives and the look for toxic residue in the The right of a community to sue deterioration of the health of environment. Workers and the a government agency, State the individuals. They bear no people around the factory agency, State enterprise, local comparison. feared the leak of chemicals and government organisation or fled the area. The government The main issue is: Can the other State authority which is a has warned that inhaling health of the people and the juristic person to perform the chemical toluene, suspected of protection of the environment duties under this section shall leaking from the factory, would be guaranteed in maintaining a 24 be protected. be fatal. huge petrochemical industrial The local residents, the courts zone? This recent industrial accident and the government have all raises once more the question: used Section 67 of the It seems that the industrial Is a Minamata-like situation in Constitution. pollution and the consequent Map Ta Phut preventable? health problems (not to mention This constitutional provision is the documented adverse effects In case a new industrial zone novel in recognizing the right of of industrial pollution on the arises in rural Dawei in southern the community to sue the land and water resources in the Burma/Myanmar, these government and other State area) cannot be denied. industries might relocate there. agencies. The residents of Map But then this would-be Ta Phut used this constitutional The constitutional provision on Southeast Asia's largest provision to protect their right to community rights, the action of industrial complex (dubbed health and sound environment. the local residents to protect "new global gateway of Indo- their rights, and the court China") would become another The Map Ta Phut case is a decisions (which may not resolve candidate for a new Minamata. complicated issue for a number the problems completely) are of reasons: a. It involves heavy essential in preventing the c h e m i c a l i n d u s t r i e s situation from turning into a concentrated in one region Minamata-like situation. (Eastern Seaboard region) which Endnotes are by nature high-risk 1 Thomas Fuller, “In Industrial industries; b. It is part of a major Thailand, Health and Business

11 FOCUS ASIA-PACIFC JUNE 2012 VOLUME 68

Concerns Collide,” New York Business Report Thailand, Issue thainews.prd.go.th/en/news.php? Times, December 18, 2009, in #1, October 2010, available in id=255302190016. “Finance www.nytimes.com/2009/12/19/ www.businessreportthailand.com minister assures Japan of world/asia/19thai.html? /maptaphut-industry- Thailand's ability to cope with _r=2&emc=eta1. communit-1279. See also Malini rallies,” Thailand Business News, 2 The eleven projects allowed to Hariharan, “Map Ta Phut March 2010, at http://thailand- proceed included projects are the concerns refuse to fade away,” at business-news.com/business/ clean energy and product quality www.icis.com/blogs/asian- 11179-finance-minister-assures- enhancement programmes of chemical-connections/2010/09/ japan-of-thailands-ability-to- Rayong Refinery, gas recycling map-ta-phut-concerns-refuse- cope-with-rallies enhancement done by HMC to.html. 17 "Prime Minister meets Japanese Polymers, clean energy, oil- 8 Apinya Wipatayotin, “Industries Investors," 14 July 2010, at http:// vapour-controlling-unit come clean on hazards,” media.thaigov.go.th/pageconfig/ installations at Star Petroleum Bangkok Post, 11 October 2010, viewcontent/viewcontent1e.asp? Refining, oil-vapour-controlling- www.bangkokpost.com/learning/ pageid=472&directory=1942&co unit installations at PTT learning-from-news/200791/ ntents=46732. Aromatics and Refining, air chemical-health-hazards-at-map- 18 Kenichi Ariga and Shinya Ejima, pollution control improvements ta-phut. “Post-Evaluation for ODA Loan of Indorama Petrochem, and the 9 Ibid. Project - Kingdom of Thailand, chlorine vaporizer and wet 10 Fuller, op. cit. Overall Impact of Eastern scrubber installation of Aditya 11 Tara Buakamsri, Denny Larson, Seaboard Development Berla Chemicals (Thailand). “Thai Faikham Harnnarong, Penchom Program,” JBIC Review No.2 court suspends 65 industrial Saetang, Walaiporn Mooksuwan, November 2000 pp 81~115, projects,” The ASEAN Affairs, at Thailand's Air: Poison Cocktail - available at www.jbic.go.jp/en/ www.aseanaffairs.com/ Exposing Unsustainable research/report/jbic-review/pdf/ thailand_news/investment/ Industries and the Case for report02_4.pdf thai_court_suspends_65_industri Community Right To Know and 19 Ibid. al_projects. Prevention (Bangkok: Campaign 20 Unofficial translation of the 3 The Solving of Environmental for Alternative Industry Network, Constitution of the Kingdom Of Problems at Map Ta Phut in Greenpeace Southeast Asia, Thailand, B.E. 2550 (2007), Rayong, Foreign Office, The Global Community Monitor, Foreign Law Bureau, Office Of Government Public Relations 2005), pages 23, 25. The Council Of State, available at Department, in http:// 12 Port of Map Ta Phut, World Port www.asianlii.org/th/legis/const/ thailand.prd.go.th/ S o u r c e , a t 2007/1.html#C05P08. view_inside.php?id=4604. www.worldportsource.com/ports/ 21 “101 East: Toxic Thailand,” Oranan Paweewun and Leigh THA_Port_of_Map_Ta_Phut_345 AlJazeera. This report was made Murray, “Thai Court Keeps 5.php. available by AlJazeera, at Projects Frozen on Environmental 13 “Japanese Warn of Dire www.youtube.com/watch? Concerns,” Wall Street Journal, Outcome Again,” Bangkok Post. v=OfHiaAThDPU&NR=1&featur available at http:// 29 January 2010 www.bdo- e=endscreen. online.wsj.com/article/ thaitax.com/bdo/in-the-news/79. 22 “Map Ta Phut scoured for SB125974924793572579.html. 14 Ibid. pollutants,” Bangkok Post, 5 May 4 Fuller, op. cit. 15 “Japanese investors asked to stop 2 0 1 2 , a v a i l a b l e a t : 5 Suttinee Yuvejwattana and pressing Thailand for Map Ta Phut www.bangkokpost.com/ Supunnabul Suwannakij, “Thai solution,” in www.mcot.net/ breakingnews/292101/map-ta- Court Lifts Ban on Industrial cfcustom/cache_page/ phut-scoured-for-pollutants. Projects Halted on Environment 22626.html. 23 “Blaze at chemical factory in Grounds,” 2 September 2010 at 16 “Minister Satit Wongnongtaey Thailand kills 12,” Herald Sun, 6 www.bloomberg.com/news/ Reassures Japan about Thailand's May 2012, available at: 2010-09-02/thai-court-lifts-ban- Efforts to Resolve the Map Ta www.heraldsun.com.au/news/ on-industrial-projects-halted-on- Phut Problem,” Government more-news/blaze-at-chemical- environment-grounds.html. Public Relations Department, 18 factory-in-thailand-kills-12/story- 6 Ibid. January 2010, at http:// e6frf7lf-1226348063704. 7 PM visits Map Ta Phut to review thailand.prd.go.th/ 24 “Chemical explosion, fire progress in solutions to view_inside.php?id=4711. “Thai p r o m p t s c o m m i t t e e environmental problem, delegation to visit Japan on Map appointment,” The Southeast www.mcot.net/cfcustom/ Ta Phut progress, National News Asian Times, 9 May 2012, cache_page/132374.html. See Bureau of Thailand,” Public a v a i l a b l e a t : also Powering Up - Industry and Relations Department, 19 www.southeastasiantimes.com/. communities go head to head, February 2010, at http://

12 FOCUS ASIA-PACIFIC JUNE 2012 VOLUME 68

Human Rights Center for Thailand

Jefferson R. Plantilla

he Ministry of Justice of Norwegian Centre for Human 2. n o n - g o v e r n m e n t a l TThailand adopted a plan to Rights (NCHR), Southeast Asia - w o r k e r s a n d establish a human rights center Human Rights Resource Centre organizations as part of the implementation of (HRRC), Thailand - Center for 3. national human rights the second National Human Human Rights and Social institutions Rights Plan of Thailand Development Studies (CHRSD), 4. subregional human (2009-2013). The planned the Philippines - Philippine rights bodies human rights center would have Human Rights Information 5. academic community the following objectives: (1) To Center (PhilRights), Japan - Asia- 6. governments, and create a database (electronic P a c i ﬁ c H u m a n R i g h t s 7. U n i t e d N a t i o n s version) on human rights Information Center (HURIGHTS agencies, programs and information covering all types OSAKA), and Australia - Castan funds. of relevant information and Centre for Human Rights Law b. Services statistics; (2) To create (Castan Centre). 1. legal assistance “knowledge management 2. education (formal and space” (a place that provides H u m a n R i g h t s C e n t e r non-formal) human rights information in Experiences print, digital and other forms to 3. r e s e a r c h a n d documentation people, and also a place for The human rights centers learning human rights) for those represented in the seminar have 4. information dissemination who are interested in human varied experiences due to the 5. law reform rights; (3) To conduct human different mandates, objectives 6. consultancy service, and rights training for relevant and target groups. They fall 7. i n t e r n a t i o n a l stakeholders; (4) To compile under the following types of cooperation. lessons learned from related human rights centers: agencies; and (5) To exchange Among the university-based information, knowledge and a. University-based centers - centers, two (NCHR, Castan experiences among those NCHR, Castan Centre, Centre) are linked to faculty of working on human rights CHRSD, and HRRC; law/law school, while the rest around the world. b. Non-governmental centers - have broader mandate. HRRC is LHRC and PhilRights a regional structure (network of In order to understand how c. Government-supported universities in Southeast Asia) existing human rights centers centers and thus functions mainly to operate, the Ministry of Justice a. Local government, at address subregional concerns. of Thailand organized a two-day l e a s t p a r t i a l l y – The same is true of NCHR, international seminar on the HURIGHTS OSAKA which was established as both university-based institution and subject on 22-23 March 2012 b. Intergovernmental 1 in Bangkok. Representatives of (United Nations) – Doha a national human rights the following human rights Centre. institution. However, NCHR centers attended the seminar: will cease to function as a Africa - Legal & Human Rights These human rights centers national human rights Centre in Tanzania (LHRC), Gulf cover different target groups institution in view of stricter region - United Nations Human and provide a variety of rules of the United Nations R i g h t s T r a i n i n g a n d services: Human Rights Council. Documentation Center for South-West Asia and Arab a. Target groups Among the non-governmental Region (Doha Centre), Europe - 1. marginalized sectors centers, one is a legal assistance/resource center that

13 FOCUS ASIA-PACIFC JUNE 2012 VOLUME 68 covers human rights issues Thailand (NHRCT), which situation in an objective (LHRC) and another is a would facilitate better manner. research and training arm of a cooperation between them. This network of human rights issue has already been noted by Necessarily, the planned human organizations (PhilRights). the Ministry of Justice of rights center should be able to Thailand in its 2011 report on criticize the government based While having a special the implementation of the on data analysis and consultative status as a non- national human rights action international human rights governmental organization with plans.2 Th e r e p o r t c i t e s standards. the United Nations’ Economic, c o o p e r a t i o n b e t w e e n Social and Cultural Council government institutions and Other issues raised by the (ECOSOC), HURIGHTS OSAKA other institutions including h u m a n r i g h t s c e n t e r works closely with the local NHRCT as one of the challenges representatives relate to the governments in Osaka in view being faced. The NHRCT has following: of the support they have also stressed in its Strategic Plan provided in its establishment. a. Capacity of the planned of the National Human Rights human rights center to Commission of Thailand gather existing resources The Doha Center, on the other (2002-2007) the need for hand, is unique for being a (information, materials, cooperation with relevant expertise, etc.) and to subregional center of the United government agencies that are Nations (Office of the High mobilize them in its involved in human rights work activities; Commissioner for Human (as mandated by the 2000 Rights) for the Arab region b. Role of the planned human National Human Rights Policy rights center in increasing (covering part of Africa, whole Master Plan of Action). of West Asia and part of South the capacity of the judiciary, law enforcement officials, Asia). The human rights center representatives also cited the members of parliament and their staff, and other actors It is notable that despite need for the planned human in applying human rights differences in mandates, rights center to have the standards in their respective structures, and target groups, capacity to do research and areas of work; these human rights centers are disseminate human rights largely similar on two programs: c. Need for a continuing information in an objective human rights promotion (from manner. This can fall under the e m p h a s i s o n t h e e d u c a t i o n t o p o l i c y international human rights “neutral” character of a human c o m m i t m e n t s o f t h e development), and research. rights center, which means Many of them also operate at government and the stress being focused solely on on universality and other subregional, regional and pursuing the protection, international levels (NCHR, principles of human rights. promotion and realization of H R R C , C H R S D , a n d human rights as defined by HURIGHTS OSAKA). The Director General, Mr. international human rights Pithaya Jinawat, of the instruments. Seminar Discussions Department of Rights and Liberties Protection, the main This also implies that the agency tasked with the During the seminar, the human planned human rights center p r e p a r a t i o n f o r t h e rights center representatives should be guaranteed access to establishment of the planned raised a number of issues relevant information in human rights center, presented a regarding the establishment of a government records, and summary of the presentations human rights center in Thailand. authorized to use them in its and discussions in the seminar. work. They stressed the need to define He noted that such a human clearly the distinction between An overly broad policy of rights center should have the planned government- treating government data as human rights database, be a supported human rights center confidential would restrict the knowledge-based resource and the existing National capacity of the planned human center, be useful for human Human Rights Commission of rights center to assess the rights policy development and

14 FOCUS ASIA-PACIFIC JUNE 2012 VOLUME 68 work, and protect the human Jefferson R. Plantilla is the Chief Development of the National rights of both Thais and non- Researcher of HURIGHTS Human Rights Plans of Thailand Thais. OSAKA. (Bangkok, Ministry of Justice, undated), page 26. He noted the need to further For further information, please 3 The 2002-2007 Strategic Plan of consult stakeholders on the plan contact HURIGHTS OSAKA. the NHRCT discusses the to establish a human rights relationship between this plan center. and the National Human Rights Plan (2001-2005), and the Endnotes While there is still much to National Economic and Social discuss regarding the nature, 1 International Seminar on Development Plan (NESD Plan) mandate, powers and functions Human Rights: “Human Rights (2002-2006). See The Strategic Plan of the National Human of the planned human rights Center: Possibility and Way Forward,” held at the Rama Rights Commission of Thailand center, the plan itself constitutes (2002-2007), page 39. a move in the right direction as Gardens Hotel, Bangkok. far as human rights are 2 Department of Rights and concerned. Liberties Protection,

Detention in Japan 6 CAT/C/JPN/CO/1, para. 17. 18 Ibid., page 4. Originally note 73 of the UN 19 The National Police Agency of (Continued from page 4) summary document. Japan published in March 2009 7 Compilation, op. cit., page 7. a report on its verification of 8 CAT/C/JPN/CO/1, para. 15. videotaped investigations done Endnotes Originally note 75 of the UN during the September 2008 - 1 The Universal Periodic Review summary document. February 2009 period. But the process involves the 9 CCPR/C/79/Add.102, para. 23. report is being criticized for consideration of information Originally note 76 of the justifying partial videotaping of submitted by the UN Member- document. investigation “without giving State involved, the OHCHR (for 10 Report of the Working Group any consideration to the UN human rights treaty on the Universal Periodic harmful influences of bodies), and “other relevant Review - Japan, A/HRC/8/44, interrogations taking place stakeholders”. See Universal 30 May 2008, page 4. behind closed doors.” See P e r i o d i c R e v i e w - 11 CCPR/C/JPN/CO/5. Opinion on "Verification on D o c u m e n t a t i o n , i n 12 Para 7, “Substitute detention Experimental Audio/Video www.ohchr.org/EN/HRBodies/ system and article 14 of the Recording of Interrogations at U P R / P a g e s / Covenant,” CCPR/C/JPN/CO/5/ Police", available at Documentation.aspx. Add.1, 13 April 2010. www.nichibenren.or.jp/en/ 2 Compilation Prepared by the 13 Compilation, op. cit., page 8. document/opinionpapers/ O f fi c e o f t h e H i g h 14 CAT/C/JPN/CO/1, para. 21. 20090717.html. Commissioner for Human Originally note 90 of the UN 20 Summary, op.cit., page 4. Rights, In Accordance with summary document. 21 Japan Federation of Bar Paragraph 15(B) of the Annex 15 CAT/C/JPN/CO/1, para. 25. Associations, Opinion Paper to Human Rights Council Originally note 91 of the UN regarding the Japanese Resolution 5/1 - Japan, A/HRC/ summary document. Government's Comments on WG.6/2/JPN/2, 8 April 2008, 16 CAT/C/JPN/CO/1, para. 23. the Concluding Observations page 6. Originally note 92 of the UN o f t h e H u m a n R i g h t s 3 CAT/C/JPN/CO/1, para. 10. summary document. Committee, January 22, 2010, Originally note 72 of the UN 17 Summary Prepared By The p a g e 6 . A v a i l a b l e a t summary document. O f fi c e o f t h e H i g h www.ccprcentre.org/doc/HRC/ 4 CAT/C/JPN/CO/1, para. 18. Commissioner for Human Japan/JFBA_Japan94.pdf. Originally note 74 of the UN Rights, In Accordance With 22 Summary, op.cit., pages 4-5. summary document. Paragraph 15(C) of the Annex 23 Ibid. 5 Compilation, op. cit. To Human Rights Council 24 JFBA, op. cit., page 18. Resolution 5/1, A/HRC/WG. 25 Report of Working Group, op. 6/2/JPN/3, 3 April 2008. cit., page 18. 15 HURIGHTS OSAKA Calendar

HURIGHTS OSAKA will be holding the second meeting of educators from China, Hong Kong, Japan, south Korea, and Taiwan to ﬁnalize the content of the training resource material on human rights education in the school systems in Northeast Asia. The meeting will be held on 1-2 September 2012 at HURIGHTS OSAKA ofﬁce.

DE AU P E O

R S

U OSAKA T

B JAPON TAXE PERCUE

PRINTED MATTER AIR MAIL May be opened for inspection by the postal service.

HURIGHTS OSAKA, inspired by the Charter of the United Nations and the Universal Declaration of Hu- man Rights, formally opened in December 1994. lt has the following goals: 1) to promote human rights in the Asia- Pacific region; 2) to convey Asia-Pacific perspectives on human rights to the international community; 3) to ensure inclusion of human rights principles in Japanese international cooperative activities; and 4) to raise human rights awareness among the people in Japan in meeting its growing interna- tionalization. In order to achieve these goals, HURIGHTS OSAKA has activities such as Information Han- dling, Research and Study, Education and Training, Publications, and Consultancy Services. FOCUS Asia-Pacific is designed to highlight significant issues and activities relating to human rights in the Asia-Pacific. Relevant information and articles can be sent to HURIGHTS OSAKA for inclusion in the next editions of the newsletter. FOCUS Asia-Pacific is edited by Osamu Shiraishi, Director of HURIGHTS OSAKA.

Sender: HURIGHTS OSAKA (Asia-Paciﬁc Human Rights Information Center) 8F, Takasagodo Bldg., 1-7-7 Nishihonmachi, Nishi-ku, Osaka 550-0005 Japan Phone: (816) 6543-7002 Fax: (816) 6543-7004 E-mail: [email protected] Web site: http://www.hurights.or.jp HURIGHTS OSAKA