CERD/C/JPN/CO/10-11
ADVANCE UNEDITED VERSION

Distr.: General
30 August 2018
Original: English

Committee on the Elimination of Racial Discrimination

Concluding observations on the combined tenth and eleventh
periodic reports of Japan*
1.
The Committee considered the combined periodic reports of tenth and eleventh(CERD/C/JPN/10-11), submitted in one document, at its 2662nd and 2663rd meetings(CERD/C/SR. 2662 and 2663), held on 16 August and 17 August, 2018. At its 2676th
meeting (CERD/C/SR.2676), held on 28 August 2018, it adopted the present concluding
observations.

A.

Introduction
2.
The Committee welcomes the submission of the tenth and eleventh periodic reportsof the State party.
3.
The Committee expresses its appreciation for the frank and constructive dialogue with
the State party’s large delegation. The Committee wishes to thank the delegation for the
information provided during the consideration of the report, and for the additional written
information submitted during the dialogue.

B.

Positive aspects
4.
The Committee welcomes the following legislative and policy measures taken by theState party:(a)Adoption of Action Plan of Combat Trafficking in Persons in 2014, andestablishment of a Council for the Promotion of Measures to Combat Trafficking in Persons.
(b)

Adoption of the “Fourth Basic Plan for Gender Equality on 25 December

2015;
(c)
Enforcement of the Act on the Promotion of Efforts to Eliminate Unfair
Discriminatory Speech and Behaviour against Persons Originating from Outside Japan (HateSpeech Elimination Act) in June 2016;(d)
Enforcement of the Act on the Promotion of the Elimination of Buraku
Discrimination in December 2016;(e)
Enforcement of the Act on Proper Technical Intern Training and Protection ofTechnical Intern Trainees in November 2017;* Adopted by the Committee at its ninety-sixth session (6-30 August 2018).

CERD/CJPN/CO/10-11

C.

Concerns and recommendations
Previous concluding observations
5.
The Committee is concerned that several recommendations from its previous
concluding observations (CERD/C/JPN/CO/7-9) remain unimplemented.
6.
The Committee recommends that the State party ensure the implementation ofrecommendations contained in the present and previous concluding observations.
Legal Framework on Racial Discrimination
7.
The Committee regrets that, despite its previous recommendations(CERD/C/JPN/CO/7-9, para 8-9), the definition of racial discrimination in the Constitution
is still not in line with Article 1 of the Convention, and that there is no comprehensive
legislation prohibiting racial discrimination in the State party (arts. 1 and 2).
8.
The Committee reiterates its previous recommendations that the State party
ensure that its definition of racial discrimination is in line with article 1, paragraph 1,of the Convention, and include the grounds of national or ethnic origin, colour anddescent. The Committee also urges the State party to adopt specific comprehensive
legislation prohibiting direct and indirect racial discrimination in line with articles 1
and 2 of the Convention.
National human rights institution
9.
The Committee is concerned that the process of adopting a Human Rights
Commission Bill was interrupted in 2012 since when no progress in establishing a National
Human Rights Institution has been made.
10.
While noting the State party’s acceptance to follow up a recommendation during
the Universal Periodic Review in 2017 to accelerate efforts towards the establishmentof a National Human Rights Institution, the Committee recommends that the State
party establish a national human rights institution with a broad mandate to promote
and protect human rights, in compliance with the Paris Principles (General Assembly
resolution 48/134, annex).
Reservation to Article 4
11.
The Committee regrets that the State party continues to maintain its reservation to
subparagraphs (a) and (b) of Article 4, which may affect the full implementation of theConvention (art. 4).
12.
Recalling its general recommendation No. 35 (2013) on combating racist hatespeech, which outlines diverse measures to effectively combat racist hate speech while
protecting the legitimate right to freedom of expression, the Committee recommends
the State party to examine the possibility of withdrawing its reservation to article 4 of
the Convention and provide information to the Committee on its precise effects.
Hate Speech and hate crimes
13.
The Committee welcomes measures taken by the State party to address hate speech,
including the adoption of the Act on the Promotion of Efforts to Eliminate Unfair
Discriminatory Speech and Behaviour against Persons Originating from Outside Japan (HateSpeech Elimination Act) in June 2016. However it remains concerned that:(a)
The scope of the Act is too narrow, is limited to hate speech towards persons“lawfully residing in Japan” and may provide very limited remedies for ethnic minorities in
the State party;(b)
Even after the passage of the Act, hate speech and incitement to violence
continue in the State party, in particular through rallies where demonstrators use violent hatespeech against ethnic minority groups, such as the Koreans;2

CERD/C/JPN/CO/10-11(c)Hate speech through the internet and the media, and the use of hate speech anddiscriminatory statements by public officials continue; and(d)Such crimes are not consistently investigated, prosecuted and that public
officials and private individuals remain unaccountable for racist hate speech and hate crimes(art. 4).
14.
Reiterating its previous recommendation (CERD/C/JPN/CO/7-9, para. 11) andrecalling its general recommendations No. 35 (2013) on combating racist hate speech,
the Committee recommends that the State party:(a)Amend the Hate Speech Elimination Act to ensure that the proper scope
covers hate speech against any person and provides sufficient remedies for persons
belonging to ethnic minorities;(b)
Adopt comprehensive legislation on the prohibition of racial
discrimination covering crimes not covered by this Act, in order to strengthen the legal
framework and access to remedies by victims;(c)With due regard to freedom of expression and assembly, ensure that theuse of hate speech and incitement to violence during rallies is prohibited andperpetrators sanctioned;(d)
Take effective measures to combat hate speech through the internet andthe media, including the establishment of a self-regulating mechanism;(e)Provide detailed information in the next periodic report about theimplementation and impact of measures such as the Broadcast Act on preventing
incitement to racial discrimination and racist violence through the media;(f)
Deliver training programmes on hate crimes and the Hate Speech
Elimination Act for law enforcement officers, including police, prosecutors and the
judiciary, including proper methods for identifying the racist motive of the crimes,
registering complaints, and investigating and prosecuting incidents;(g)
Investigate and apply appropriate sanctions for hate crimes, racist hatespeech, and incitement to hatred by private individuals or public officials including bypoliticians or media professionals;(h)Provide statistics on investigations, prosecutions, and convictions,disaggregated by the national origin and ethnicity of the victims, in its next periodic
report;(i)
Enact an action plan to eliminate hate crimes, hate speech, and incitement
to violence in the State party with concrete goals and measures and appropriatemonitoring;(j)
Conduct educational campaigns to address the root causes of prejudicesand promote tolerance and respect for diversity, including in particular with a focus on
the role and responsibilities of journalists and public officials.

Situation of the Ainu people
15.
While noting recent efforts by the State party to protect and promote the rights of Ainu
people, the Committee is concerned that (a) cases of discrimination against Ainu people inemployment, education and access to public services continue to be reported and that, despitesome improvements, there continues to remain a gap between the living standards of Ainu
people and other residents in Hokkaido;(b)
While some efforts are being made to preserve Ainu language and culture, theprotection of land and natural resource rights and linguistic and cultural heritage of Ainu
peoples is not sufficiently ensured;(c)
The proportion of Ainu people remain low in consultative bodies, and only
about 1/3 proportion of the Council for Ainu Policy Promotion are Ainu people (art. 5).

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16.
Recalling its general recommendation No. 23 (1997) on the rights of indigenous
peoples, the Committee recommends that the State party:(a)
Step up efforts to eliminate discrimination against Ainu people inemployment, education, and access to services;(b)
Ensure the monitoring of the implementation and impact of current
efforts such as the Third Promotion Policy for the Improvement of Ainu People’s Life,and provide information on this and other measures taken to improve the living
standard of Ainu people in its next periodic report;(c)Adopt measures to protect land and natural resource rights of Ainu
people, and continue to step up efforts for the realization of the rights to their culture
and language;(d)Increase the proportion of Ainu representatives in the Council of the Ainu
Policy Promotion and in other consultative bodies.
Situation of the Ryukyu/Okinawa
17.
The Committee is concerned that the Ryukyu/Okinawa people are not recognized asindigenous people despite its previous recommendation (CERD/C/JPN/CO/7-9, para. 21) andrecommendations from other human rights mechanisms. The Committee is further concernedat reports of violence against women in Okinawa as well as reported challenges faced by the
Ryukyu/Okinawa people related to accidents of military aircrafts in civilian areas, owing to
the presence of a US military base (art. 5).
18.
The Committee recommends that the State party reconsider its position onrecognizing the Ryukyu as indigenous peoples and step up measures to protect theirrights. The Committee recommends that the State party ensure the proper safety andprotection of Ryukyu/Okinawa persons, including women from violence and ensure
proper prosecution and conviction of perpetrators.
Situation of Burakumin
19.
The Committee, while welcoming the enforcement of the Act on the Promotion of the
Elimination of Buraku Discrimination in 2016, regrets that a definition of Burakumin does
not exist in this Act or elsewhere. The Committee is concerned that discrimination continues
against Buraku in employment, housing and marriage. The Committee is also concerned thatillegal access and publication on the internet of family data and information of Buraku may
subject them to further discrimination. The Committee is also concerned by the absence of
information on resources allocated to apply this law (art. 5).
20.
Bearing in mind its general recommendation 29 on article 1, paragraph 1, of theConvention (descent) (2002), the Committee recommends that the State party:(a)people;Adopt a clear definition of Burakumin in consultation with the Buraku(b)descent;

Identify discrimination against Burakumin as discrimination based on(c)Provide further information on steps taken to implement the Act on the
Promotion of the Elimination of Buraku Discrimination , and its impact in its next
periodic report;(d)Step up efforts to eliminate discrimination against Buraku people inemployment, housing, and marriage;(e)
Provide information on measures taken to improve the socioeconomic
situation of Burakumin since the expiration of the Act on the Dowa Special Measuresin 2002;(f)
Ensure consultation with Buraku people on all policies and measures
which impact their rights;

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CERD/C/JPN/CO/10-11(g)Ensure that family data of Burakumin is kept confidential and that cases
related to the abuse of family registration data are investigated, prosecuted, andperpetrators sanctioned.
(h)
Recommends that the State party provide adequate funding for
implementing the Act on the Promotion of the Elimination of Buraku Discrimination.
Situation of Koreans
21.
The Committee is concerned that Koreans, who have lived for multiple generations inJapan, remain foreign nationals and do not have the right to vote in local elections and cannot
serve as national public servants engaging in the exercise of public authority or decisionmaking. The Committee is further concerned at reports that certain “Korean schools” havebeen excluded from support from the High School Tuition Support Fund. The Committee isalso concerned by reports that many Korean women suffer multiple and intersecting formsof discrimination based on nationality and gender, and suffer anxiety because of hate speechagainst their children.
22.
Bearing in mind its general recommendation No. 30 (2004) on discrimination
against non-citizens, the Committee recommends that the State party ensure that
Koreans who have lived in Japan for many generations be allowed the right to vote inlocal elections, and serve as national public servants who can also engage in the exerciseof public authority or decision-making. The Committee reiterates its previous
recommendation (CERD/C/JPN/CO/7-9, para. 19), that the State party ensure that
“Korean Schools” are not discriminated in funding from the High School Tuition
Support Fund, to ensure that Korean students have equal educational opportunities,
without discrimination. The Committee recommends that the State party take efforts
to ensure that Korean women and children are protected from multiple forms of
discrimination and hate speech.
Profiling and Surveillance of Muslims
23.
The Committee is concerned by the reported continuation of ethnic or ethno-religious
profiling and surveillance of Muslims of foreign origin by law enforcement officials (art. 5).
24.
Bearing in mind its general recommendation No. 31 (2005) on the prevention of
racial discrimination in the administration and functioning of the criminal justicesystem, the Committee recommends that the State party put an end to ethnic or ethnoreligious profiling and surveillance of Muslims of foreign origin by the police andundertake thorough and impartial investigations into all allegations of profiling andmass surveillance, holding those responsible accountable and providing effective
remedies, including guarantees of non-repetition.
Intersecting forms of discrimination and violence against women
25.
The Committee remains concerned at reports of intersecting forms of discrimination
against foreign, indigenous and minority women based on their national origin, ethnicity andgender and that they face various specific obstacles in overcoming poverty, in access to
education, health care and employment. They often suffer of anxiety and psychologicaldistress because of the stigma and hate speech against them and their families. The
Committee is further concerned at the continued reports of violence against them and at thelack of information on measures taken to address violence against these women, including
under the Fourth Basic Plan for Gender Equality (2015) as well as by the lack of data on
investigations, prosecutions, and convictions of perpetrators of such violence. The
Committee also reiterates its previous concern (CERD/C/JPN/CO/7-9, para.17) that Article
22-4 of the Immigration Control Act may prevent foreign women who are victims ofdomestic violence by their husbands from leaving abusive relationships and from seeking
assistance, for fear of having their residency revoked.
26.
Recalling its general recommendation No. 25 (2000) on the gender-related
dimensions of racial discrimination and No. 30 (2004) on discrimination against noncitizens, the Committee recommends that:5

CERD/CJPN/CO/10-11(a)
The State party ensure dedicated attention to women suffering ofintersecting forms of discrimination and collect relevant statistics to better understandand address their specific challenges;(b)Foreign, indigenous and minority women have the right and opportunity
to participate in decision-making processes, especially when it affects their own
situation;(c)
The State party take immediate measures to prevent violence against
foreign, minority and indigenous women, including through the proper registration,
investigation, prosecution and conviction of perpetrators of such violence. The
Committee requests information in its next periodic report on specific measure under
the Fourth Basic Plan for Gender Equality (2015) to prevent violence against foreign,minority and indigenous women as well as data on numbers of reported crimes ofviolence against women, disaggregated by ethnicity of victims, and numbers ofinvestigations, prosecutions and convictions. The State party should also amend its
legislation to ensure that it does not have the effect of forcing foreign women to remain
in abusive relationships for fear of loss of residency status or deportation.
“Comfort Women”
27.
While noting information provided by the State party on the efforts to resolve the issueof “comfort women,” including the recent agreement with the Republic of Korea in 2015, theCommittee is concerned at reports that these efforts do not take a fully victim-centred
approach, that the surviving “comfort women” were not adequately consulted and that thissolution did not provide unequivocal responsibility for the human rights violations committed
against these women by the military before and during WWII. The Committee is also
concerned by statements of some public officials minimizing the responsibility of theGovernment in respect to “comfort women” and their potential negative impact on survivors.
28.
The Committee recommends that the State party ensure a lasting solution to theissue of “comfort women” with a victim-centred approach, inclusive of “comfort
women” of all nationalities, accepting responsibility for its role in the violation of thehuman rights of these women. The Committee requests detailed information in its next
periodic report on efforts to achieve resolution of the issue of “comfort women”,
including adequate measures to surviving “comfort women” and their families.
Situation of Migrants
29.
The Committee is concerned at continued reports that migrants and their descendants
who were born, raised and educated in the State party, continue to face entrenched societal
discrimination, including restricted access to housing, education, health care, andemployment opportunities (art. 5).
30.
The Committee recommends that the State party take measures to address theroot causes of societal discrimination against migrants and take measures to ensure
their equal access to housing, education, health care and employment opportunities,
without discrimination.
Technical intern training programmes for foreigners
31.
The Committee, while welcoming the enforcement of the Acton Proper TechnicalIntern Training and Protection of Technical Intern Trainees in November 2017 and measurestaken to revise the technical intern training program, is nevertheless concerned that there isinsufficient Government oversight, and lack of information on the implementation andimpact of the Act.
32.
The Committee recommends that the State party ensure that the technicalintern-training program is properly regulated to ensure compliance with the Act andmonitored by the Government. The Committee requests information on theimplementation and impact of the Act in its next periodic report.

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Situation of non-citizens
33.

The Committee is concerned that:(a)Non-citizens have reportedly been denied housing and employment because
they are foreign nationals;(b)Foreign nationals and individuals with a foreign appearance have reportedly
been denied entry to and services of certain privately owned facilities like hotels andrestaurants which otherwise serve the public, including through the posting of signage
reading “Japanese only;”(c)
Non-citizens, in particular Koreans, continue to be excluded from the national
pension scheme because of the age requirement;(d)
The State party has not yet amended its legislation to allow non-citizens to beeligible for basic disability pensions;(e)Non-citizens and long term foreign residents and their descendants remain
excluded from public positions that engage in the exercise of public authority or publicdecision-making because they do not have Japanese nationality;(f)Some permanent residents must obtain a permit to re-enter the country prior to
departing, even if they are departing only for a day, while others do not need such a permit.
34.
Bearing in mind the Committee’s general recommendation No. 30 (2004) on
discrimination against non-citizens, the Committee recommends that the State party:(a)Ensure access to housing and employment to non-citizens and foreign
nationals without discrimination;(b)Create and enforce legislation against the posting of discriminatory signs
and the practice of excluding public services by privately owned facilities such as hotel
and restaurants to persons on the basis being a foreigner or of foreign appearance;(c)(d)
pensions;

Ensure that non-citizens are included in the national pension scheme;
Amend legislation to allow non-citizens to be eligible for basic disability(e)Allow non-citizens, especially long-term foreign residents and theirdescendants, to also have access to public positions that engage in the exercise of publicauthority or public decision-making;(f)Eliminate the permit requirement prior to departure for some permanent
residents so that they may enter and exit the country in the same manner as otherpermanent residents.
(g)Consider ratifying the 1954 Convention Relating to the Status of Statelesspersons and the 1961 Convention on the Reduction of Statelessness.
Refugees and asylum-seekers
35.
The Committee is concerned by the reported very low rate of asylum applications
accepted in the State party (19 out of 11,000 applications). The Committee is also concernedby the detention of asylum seekers without a fixed period of time. The Committee isconcerned that applicants for refugee status normally may not work or receive social welfare
leaving them dependent on overcrowded government shelters or vulnerable to mistreatment
and labour exploitation.
36.
Recalling its general recommendation No. 22 (1996) on refugees and displaced
persons, the Committee recommends that the State party ensure that all applications
for asylum status receive due consideration. The Committee recommends that the State
party introduce a maximum period for immigration detention, and reiterates its
previous recommendation (CERD/C/JPN/CO/7-9, para. 23), that detention of asylum
seekers should only be used as a measure of last resort for the shortest possible periodof time, and that efforts should be made to prioritize alternative measures to detention.

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The Committee recommends that the State party allow applicants for refugee status towork six months after their applications.
Trafficking in persons
37.
While noting information on efforts to address trafficking in persons, including the
updated Action Plan to Combat Trafficking in Persons in 2014, the Committee is concernedat reports that minority women and girls are still subject to trafficking in the State party, inparticular for sexual exploitation. The Committee is also concerned that the State party has
not yet adopted specific legislation criminalizing trafficking in persons, and that the numberof arrests and convictions are low.
38.
The Committee recommends that the State party step up efforts to combat
trafficking in persons. The Committee recommends that the State party adopt specificlegislation criminalizing trafficking in persons, and ensure that it thoroughly
investigates, prosecutes and punishes perpetrators. The Committee requests
information on the impact of the Action Plan to Combat Trafficking in persons on
preventing trafficking in particular of minority women and girls, and provide data on
numbers of investigations, prosecutions and convictions of perpetrators of trafficking,disaggregated by the nationality of the victims.

D.

Other recommendations
Ratification of other instruments
39.
Bearing in mind the indivisibility of all human rights, the Committee urges theState party to consider ratifying those international human rights instruments that it
has not yet ratified, in particular treaties with provisions that have direct relevance tocommunities that may be subjected to racial discrimination, including the Optional
Protocol of the Convention against Torture, the Second Optional Protocol to theInternational Covenant on Civil and Political Rights aiming to the abolition of the death
penalty, the International Convention on the Protection of the Rights of All MigrantWorkers and Members of Their Families, the International Labour Organization
Convention concerning Discrimination in Respect of Employment and Occupation (No.
111) (1958) and the International Labour Organization Convention concerning
Indigenous and Tribal Peoples in Independent Countries (1989).
Follow-up to the Durban Declaration and Programme of Action
40.
In the light of its general recommendation No. 33 (2009), the Committee
recommends that the State party give effect to the Durban Declaration and Programmeof Action, adopted at the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance (2001), taking into account the outcome documentof the Durban Review Conference (April 2009), and that it report accordingly.
International Decade for People of African Descent41.
In the light of General Assembly resolution 68/237, the Committee requests that
the State party include in its next periodic report precise information on the concretemeasures adopted in the framework of the International Decade for People of African
Descent, taking into account the Committee’s general recommendation No. 34 (2011)
on racial discrimination against people of African descent.
Consultations with civil society
42.
The Committee recommends that the State party continue consulting andincreasing its dialogue with civil society organizations concerned with human rights
protection, in particular those working to combat racial discrimination, in the
preparation of the next periodic report and in follow-up to the present concluding
observations.

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Declaration under article 14 of the Convention
43.
The Committee encourages the State party to make the optional declaration
provided for in article 14 of the Convention recognizing the Committee’s competence
to receive and consider individual communications.
Amendment to article 8 of the Convention
44.
The Committee recommends that the State party ratify the amendment to article
8 (6) of the Convention adopted on 15 January 1992 at the fourteenth meeting of States
parties to the Convention and endorsed by the General Assembly in its resolution
47/111.
Common core document
45.
The Committee encourages the State party to submit to it a common core
document to replace its core document (HRI/CORE/JPN/2012), issued in 2012, in
accordance with the harmonized guidelines on reporting under the international
human rights treaties, in particular those on the common core document, as adopted at
the fifth inter-committee meeting of the human rights treaty bodies, held in June 2006
(HRI/GEN/2/Rev.6, chap. I). In the light of General Assembly resolution 68/268, theCommittee urges the State party to observe the limit of 42,400 words for such
documents.
Follow-up to the present concluding observations46.
In accordance with article 9 (1) of the Convention and rule 65 of its rules ofprocedure, the Committee requests the State party to provide, within one year of the
adoption of the present concluding observations, information on its implementation of
the recommendations contained in paragraphs 10 and 32 above.
Paragraphs of particular importance47.
The Committee wishes to draw the attention of the State party to the particularimportance of the recommendations contained in paragraphs 14, 22, and 34 above andrequests the State party to provide detailed information in its next periodic report on
the concrete measures taken to implement these.
Dissemination of information
48.
The Committee recommends that the State party’s reports be made readily
available to and accessible by the public at the time of their submission and that theconcluding observations of the Committee with respect to those reports be similarly
publicized in the official and other commonly used languages, as appropriate.
Preparation of the next periodic report
Preparation of the next periodic report
49.
The Committee recommends that the State party submit its combined twelfth tofourteenth periodic reports, as a single document, by 14 January 2023, taking into
account the reporting guidelines adopted by the Committee during its seventy-firstsession (CERD/C/2007/1) and addressing all the points raised in the present concluding
observations. In the light of General Assembly resolution 68/268, the Committee urges
the State party to observe the limit of 21,200 words for periodic reports.

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