United Nations

International Convention on
the Elimination of All Formsof Racial Discrimination

CERD/C/JPN/CO/10-11
Distr.: General
26 September 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 tenth and eleventh periodic reports ofJapan (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, 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 the Action Plan to 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)
Adoption of the Act on the Promotion of Efforts to Eliminate Unfair
Discriminatory Speech and Behaviour against Persons Originating from Outside Japan inJune 2016;(d)
Adoption of the Act on the Promotion of the Elimination of Buraku
Discrimination in December 2016;(e)
Adoption of the Act on Proper Technical Intern Training and Protection ofTechnical Intern Trainees in November 2017.

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.
* Adopted by the Committee at its ninety-sixth session (6–30 August 2018).

GE.18-15994(E)

CERD/C/JPN/CO/10-11

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 (ibid., paras. 7–8),
the definition of racial discrimination in the Constitution is still not in line with article 1 of
the Convention, and that there is still 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 (1) of theConvention, and include the grounds of national or ethnic origin, colour and descent.
The Committee also urges the State party to adopt specific comprehensive legislationprohibiting 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 and that no progress has been made since then inestablishing a national human rights institution.
10.
Noting the State party’s acceptance to follow up on a recommendation from theuniversal periodic review in 2017 that it 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 principles relating to the status ofnational institutions for the promotion and protection of human rights (the Paris
Principles).
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 combat racist hate speech effectively while
protecting the legitimate right to freedom of expression, the Committee recommends
that the State party examine the possibility of withdrawing its reservation to article 4of the Convention and provide information to the Committee on the precise effect of
the reservation.
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(Hate Speech 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 at which demonstrators use violent
hate speech against ethnic minority groups, such as the Koreans;(c)
Hate speech through the Internet and the media, and the use of hate speechand discriminatory statements by public officials, continue;(d)Such crimes are not consistently investigated and prosecuted and public
officials and private individuals remain unaccountable for racist hate speech and hatecrimes (art. 4).
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14.
Reiterating its previous recommendation (CERD/C/JPN/CO/7-9, para. 11) andrecalling its general recommendation No. 35, the Committee recommends that theState party:(a)Amend the Hate Speech Elimination Act to ensure that it has 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 the Hate Speech Elimination Act, inorder 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 and thatperpetrators are sanctioned;(d)
Take effective measures to combat hate speech on the Internet and in the
media, including through 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, covering, among other things, the proper methods for identifying the racist
motive behind such 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
politicians and 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 andincitement to violence in the State party with concrete goals and measures andappropriate monitoring;(j)
Conduct educational campaigns to address the root causes of prejudiceand promote tolerance and respect for diversity, in particular focusing on the role andresponsibilities 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 the
Ainu people, the Committee is concerned that:(a)Cases of discrimination against Ainu in employment, education and access topublic services continue to be reported and that, despite some improvements, there remains
a gap between the living standards of Ainu and those of other residents in Hokkaido;(b)
While some efforts are being made to preserve Ainu language and culture,
the land and natural resource rights and the linguistic and cultural heritage of the Ainu
people are not sufficiently protected;(c)The proportion of Ainu on consultative bodies remains low, and only about athird of the members of the Council for Ainu Policy Promotion are Ainu (art. 5).
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 in employment,
education and access to services;3

CERD/C/JPN/CO/10-11(b)
Ensure monitoring of the implementation and impact of current efforts,such as the “Third Promotion Policy for the Improvement of Ainu People’s Life”, andprovide information on this and other measures taken to improve the living standardof Ainu in its next periodic report;(c)Adopt measures to protect the land and natural resource rights of the
Ainu people, and continue to step up efforts for the realization of their rights to theirculture and language;(d)Increase the proportion of Ainu representatives on the Council for Ainu
Policy Promotion and other consultative bodies.
Situation of the Ryukyu/Okinawa peoples
17.
The Committee is concerned that the Ryukyu/Okinawa are not recognized asindigenous peoples despite its previous recommendation (CERD/C/JPN/CO/7-9, para. 21)
and recommendations from other human rights mechanisms. The Committee is also
concerned at reports of violence against women in Okinawa, and challenges reportedly
faced by the Ryukyu/Okinawa peoples related to accidents involving military aircraft in
civilian areas, owing to the presence of a military base of the United States of America on
the island of Okinawa (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 by protecting Ryukyu/Okinawa
women from violence and ensuring proper prosecution and conviction of perpetratorsof violence against them.
Situation of the Burakumin
19.
The Committee, while welcoming the adoption 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 Burakumin in employment, housing and marriage. It is also concernedthat illegal access to and publication on the Internet of family data and information
concerning Burakumin may subject them to further discrimination. The Committee isfurther concerned by the absence of information on resources allocated to implement the
Act on the Promotion of the Elimination of Buraku Discrimination (art. 5).
20.
Bearing in mind its general recommendation No. 29 (2002) on descent in thecontext of article 1 (1) of the Convention, 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 the State
party’s next periodic report;(d)Step up efforts to eliminate discrimination against Buraku persons in
employment, housing and marriage;(e)
Provide information on measures taken to improve the socioeconomic
situation of Burakumin since the expiration of the Dowa Special Measures Act in 2002;(f)
Ensure consultation with the Buraku people on all policies and measuresthat have an impact on their rights;(g)Ensure that family data of Burakumin is kept confidential, and thatcases related to the abuse of family registration data are investigated and prosecutedand that the perpetrators are sanctioned;
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CERD/C/JPN/CO/10-11(h)Provide adequate funding for implementation of 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 generationsin Japan remain foreign nationals, 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. It is also concerned at reports that certain Korean schools do not receive support
from the High School Tuition Support Fund. The Committee is further concerned byreports that many Korean women suffer multiple and intersecting forms of discrimination
based on nationality and gender, and suffer anxiety because of hate speech against theirchildren.
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 are allowed the right to vote inlocal elections, and to serve as national public servants who can also engage in theexercise of public authority and 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 against with regard to funding fromthe High School Tuition Support Fund, to ensure that Korean students have equal
educational opportunities, without discrimination. The Committee recommends that
the State party make efforts to ensure that Korean women and children are protectedfrom multiple forms of discrimination and hate speech.
Profiling and surveillance of Muslims
23.
The Committee is concerned by the reported continuation of ethnic or ethnoreligious 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
ethno-religious profiling and surveillance of Muslims of foreign origin by the police
and undertake thorough and impartial investigations into all allegations of profilingand mass 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
and gender and that they face various specific obstacles in overcoming poverty and inaccess to education, health care and employment. They often suffer from anxiety andpsychological distress because of the stigma and hate speech against them and their families.
The Committee is also concerned at the continued reports of violence against foreign,indigenous and minority women and at the lack of information on measures taken toaddress violence against them, including under the Fourth Basic Plan for Gender Equality(2015), and by the lack of data on investigations, prosecutions and convictions of
perpetrators of such violence. Furthermore, the Committee reiterates its previous concern(ibid., para. 17) that article 22-4 of the Immigration Control Act may prevent foreign
women who are victims of domestic violence by their husbands from leaving abusive
relationships and from seeking assistance, for fear of having their residency revoked.
26.
Recalling its general recommendations No. 25 (2000) on gender-related
dimensions of racial discrimination and No. 30 (2004) on discrimination against noncitizens, the Committee recommends that the State party:(a)Ensure dedicated attention to women suffering from intersecting formsof discrimination, and collect relevant statistics to better understand and address the
specific challenges facing such women;
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CERD/C/JPN/CO/10-11(b)
Ensure that foreign, indigenous and minority women have the right andopportunity to participate in decision-making processes, especially when it affects
their own situation;(c)Take immediate measures to prevent violence against foreign, minority
and indigenous women, including through the proper registration of violent crimes
against them and the investigation, prosecution and conviction of the perpetrators ofsuch violence. The Committee requests information in the State party’s next periodic
report on specific measures under the Fourth Basic Plan for Gender Equality (2015)
to prevent violence against foreign, minority and indigenous women, and data onreported crimes of violence against women, disaggregated by the ethnicity of thevictims, including the number of such reports and the number of investigations,prosecutions and convictions. The State party should also amend its legislation toensure that it does not have the effect of forcing foreign women to remain in abusive
relationships for fear that they will lose their residency status or be deported.
Comfort women27.
While noting information provided by the State party on the efforts to resolve theissue of “comfort women”, including the recent agreement with the Republic of Korea in
2015, the Committee is concerned at reports that these efforts do not take a fully victimcentred approach, that the surviving comfort women were not adequately consulted and that
this solution did not acknowledge unequivocal responsibility for the human rights
violations committed against these women by the Japanese military before and during theSecond World War. The Committee is also concerned by statements of some public
officials, minimizing the responsibility of the Government with respect to comfort women,
and their potential negative impact on survivors.
28.
The Committee recommends that the State party ensure a lasting solution to
the issue 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 resolve the issue of comfort women, including
adequate measures addressing surviving comfort women and their families.
Situation of migrants
29.
The Committee is concerned at continued reports that migrants and theirdescendants who were born, raised and educated in the State party still face entrenchedsocietal 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 Act on Proper TechnicalIntern Training and Protection of Technical Intern Trainees in November 2017 andmeasures taken to revise the technical intern training programme, is nevertheless concernedthat there is insufficient government oversight and a lack of information on theimplementation and impact of the Act.
32.
The Committee recommends that the State party ensure that the technicalintern training programme is properly regulated to ensure compliance with the Act on
Proper Technical Intern Training and Protection of Technical Intern Trainees, andthat it is monitored by the Government. The Committee requests information on theimplementation and impact of the Act in the State party’s 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 that otherwise serve the public, including through the posting of signage reading“Japanese only”;(c)
Non-citizens, in particular Koreans, continue to be excluded from thenational 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 only leaving for one day, while others do not need such apermit.
34.
Bearing in mind the Committee’s general recommendation No. 30, theCommittee 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
hotels and restaurants, to persons on the basis of 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 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 somepermanent residents so that they may enter and exit the country in the same manneras other permanent residents;(g)Consider ratifying the Convention relating to the Status of Stateless
Persons and the Convention on the Reduction of Statelessness.
Refugees and asylum seekers
35.
The Committee is concerned by the reportedly very low acceptance rate of asylum
applications by the State party (19 out of 11,000 applications). It is also concerned by thedetention of asylum seekers for indeterminate periods, without establishing fixed time
limits for their detention. The Committee is further concerned 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 article 5 of theConvention on refugees and displaced persons, the Committee recommends that theState party ensure that all applications for asylum status receive due consideration.
The Committee also 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
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as a measure of last resort and for the shortest possible period of time, and that efforts
should be made to prioritize alternative measures to detention. The Committee
recommends that the State party allow applicants for refugee status to work, sixmonths after they have submitted their applications.
Trafficking in persons
37.
While noting the information provided by the State party on efforts to address
trafficking in persons, including the adoption of the updated Action Plan to Combat
Trafficking in Persons in 2014, the Committee is concerned at reports that minority womenand girls are still subject to trafficking in the State party, in particular 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 number of arrests andconvictions is low.
38.
The Committee recommends that the State party step up efforts to combat
trafficking in persons. It also recommends that the State party adopt specificlegislation criminalizing trafficking in persons, and ensure that it thoroughly
investigates, prosecutes and punishes perpetrators. The Committee requests the State
party to provide information on the impact of the Action Plan to Combat Trafficking
in Persons in preventing trafficking, in particular of minority women and girls, and toprovide data on the number 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 to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment; the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death penalty;
the International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families; the International Labour Organization (ILO)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111); and theILO Indigenous and Tribal Peoples Convention, 1989 (No. 169).
Follow-up to the Durban Declaration and Programme of Action
40.
In the light of its general recommendation No. 33 (2009) on follow-up to the
Durban Review Conference, the Committee recommends that the State party giveeffect to the Durban Declaration and Programme of Action, adopted at the World
Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance in 2001, taking into account the outcome document of the Durban Review
Conference held in April 2009, and requests the State party to include information
thereon in its next periodic report.
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.

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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 its follow-up to the present concluding
observations.
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 toarticle 8 (6) of the Convention adopted on 15 January 1992 at the fourteenth meetingof 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 update its common core
document, which dates to 2012, in accordance with the harmonized guidelines onreporting under the international human rights treaties, in particular those on thecommon core document, as adopted at the fifth inter-committee meeting of the humanrights treaty bodies held in June 2006 (HRI/GEN/2/Rev.6, chap. I). In the light ofGeneral Assembly resolution 68/268, the Committee 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 those recommendations.
Dissemination of information
48.
The Committee recommends that the State party’s reports be made readily
available and accessible to 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
49.
The Committee recommends that the State party submit its combined twelfth
to fourteenth 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, theCommittee urges the State party to observe the limit of 21,200 words for periodic
reports.

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