United Nations

International Convention on
the Elimination of All Formsof Racial Discrimination

CERD/C/JPN/CO/7-9
Distr.: General
26 September 2014
Original: English

Committee on the Elimination of Racial Discrimination

Concluding observations on the combined seventh to ninth
periodic reports of Japan*
1.
The Committee considered the combined seventh to ninth periodic reports of Japan(CERD/C/JPN/7-9) at its 2309th and 2310th meetings (CERD/C/SR.2309 and 2310), heldon 20 and 21 August 2014. At its 2320th and 2321st meetings, held on 28 August 2014, it
adopted the following concluding observations.

A.

Introduction
2.
The Committee welcomes the timely submission, in a single document, of the State
party’s seventh to ninth periodic reports drafted in conformity with the treaty-specificreporting guidelines. The Committee notes the oral presentation and the responses provided
by the large delegation during the consideration of the report, as well as additional
information provided in written form.

B.

Positive aspects
3.
The Committee notes with interest some administrative and political measures takenby the State party since its last periodic report, which should contribute to combating racial
discrimination, particularly the adoption of Japan’s Action Plan to Combat Trafficking in
Persons, in December 2009.
4.
The Committee also notes with interest that, since it last considered the periodic
report from the State party, Japan has ratified the following international instruments:(a)
The International Convention for the Protection of All Persons from Enforced
Disappearance, on 23 July 2009;(b)

The Convention on the Rights of Persons with Disabilities, on 20 January

2014.

* Adopted by the Committee at its eighty-fifth session (11–29 August 2014).
GE.14-17436 (E)

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C.

Issues of concern and recommendations
5.
The Committee recalls that in its concluding observations of 2010 it had requested
the State party “to address all the points raised in the present concluding observations”.
Other than responses to the three concerns expressed in paragraphs 12, 20 and 21, as foundin the State party’s follow-up document in 2011, there was no reference to the 2010concluding observations in its report.
The Committee strongly recommends that the State party address all therecommendations contained in this document in its next periodic report.
Ethnic composition of the population
6.
The Committee, while taking note of data on the ethnic composition of its
population provided by the State in its report as well as in its core document, regrets thatsuch data are not comprehensive, in particular with regard to vulnerable groups, including
non-citizens. The Committee is therefore unable to properly evaluate the situation of suchgroups in the State party (art. 1).
In accordance with paragraphs 10 to 12 of its revised treaty-specific reporting
guidelines (CERD/C/2007/1) and taking into account its general recommendation
No. 24 (1999) concerning article 1 of the Convention and general recommendation
No. 30 (2004) on discrimination against non-citizens, the Committee recommends that
the State party:(a)Conduct research into the commonly spoken languages, mother tongues
and other indicators of diversity and collect information from social surveys onvulnerable groups;(b)Collect comprehensive, reliable and up-to-date statistical data onsocioeconomic indicators, disaggregated by nationality and ethnic origin, including on
immigrants and refugees, in order to define policies that take into account the specificneeds of all segments of its society and to allow the Committee to better assess how therights enshrined in the Convention are protected in Japan.
Definition of racial discrimination
7.
The Committee is concerned that the definition of racial discrimination inparagraph 1 of article 14 of the Constitution of Japan, which prescribes the principles of
equality and non-discrimination, does not include grounds of national or ethnic origin,colour or descent and therefore does not fully meet the requirements of article 1 of theConvention. Similarly, there is no adequate definition of racial discrimination in domestic
legislation (arts. 1 and 2).
The Committee recommends that the State party adopt in its legislation acomprehensive definition of racial discrimination which integrates the grounds ofnational or ethnic origin, colour and descent, in full compliance with article 1,
paragraph 1, of the Convention.
Absence of a specific and comprehensive law prohibiting racial discrimination
8.
While noting that some laws include provisions against racial discrimination, theCommittee is concerned that acts and incidents of racial discrimination continue to occur in
the State party and that the State party has not yet enacted a specific and comprehensive
law on the prohibition of racial discrimination that would enable victims to seek appropriate
legal redress for racial discrimination (art. 2).

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The Committee urges the State party to adopt specific and comprehensive legislationprohibiting racial discrimination, both direct and indirect, in compliance witharticles 1 and 2 of the Convention, which will enable victims of racial discrimination
to seek appropriate legal redress.
National human rights institution
9.
The Committee is concerned that the State party has not yet established a national
human rights institution in full compliance with the Paris principles. In this context, theCommittee notes that the examination of the Human Rights Commission Bill was cancelledin 2012 following the dissolution of the House of Representatives and that progress made inestablishing a national human rights institution has been very slow (art. 2).
Bearing in mind its general recommendation No. 17 (1994) on the establishment of
national institutions to facilitate implementation of the Convention, the Committee
recommends that the State party promptly resume the consideration of the Human
Rights Commission Bill and expedite its adoption with a view to establishing an
independent national human rights institution, providing it with adequate human andfinancial resources as well as with a mandate to address complaints of racial
discrimination, in full compliance with the Paris Principles (General Assembly
resolution 48/134).
Compliance of the legislation with article 4
10.
While noting the position of the State party and the reasons it provided with regard
to the Committee’s recommendation to withdraw or reduce the scope of the State’s party
reservations concerning subparagraphs (a) and (b) of article 4 of the Convention, theCommittee regrets the decision of the State party to maintain its reservations. While notingthat the dissemination or expression of racist ideas can constitute defamation and othercrimes under the Penal Code, the Committee is concerned that the legislation of the State
party does not fully comply with all provisions of article 4 of the Convention (art. 4).
The Committee encourages the State party to review its position again and consider
withdrawing its reservation to subparagraphs (a) and (b) of article 4. Recalling its
general recommendations No. 15 (1993) and No. 35 (2013) on combatting racist hatespeech, the Committee recommends that the State party take appropriate steps torevise its legislation, in particular its Penal Code, in order to give effect to theprovisions of article 4.
Hate speech and hate crimes
11.
The Committee is concerned about reports of the spread of hate speech, including
incitement to imminent violence, in the State party by right-wing movements or groups thatorganize racist demonstrations and rallies against foreigners and minorities, in particularagainst Koreans. The Committee is also concerned by reports of statements made by public
officials and politicians amounting to hate speech and incitement to hatred. The Committee
is further concerned by the propagation of hate speech and incitement to racist violence andhatred during rallies and in the media, including the Internet. Furthermore, the Committee
is concerned that such acts are not always properly investigated and prosecuted by the State
party (art. 4).
Recalling its general recommendations No. 35 (2013) on combating racist hate speech,
the Committee recalls that measures to monitor and combat racist speech should not
be used as a pretext to curtail expression of protest. However, the Committee reminds
the State party of the importance of safeguarding the rights of vulnerable groups in3

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need of protection against racist hate speech and hate crimes. The Committee
recommends, therefore, that the State party take appropriate measures to:(a)Firmly address manifestations of hate and racism, as well as incitement
to racist violence and hatred during rallies;(b)Internet;

Take appropriate steps to combat hate speech in the media, including the(c)Investigate and, where appropriate, prosecute private individuals, aswell as organizations, responsible for such acts;(d)Pursue appropriate sanctions against public officials and politicians who
disseminate hate speech and incitement to hatred;(e)Address the root causes of racist hate speech and strengthen measures ofteaching, education, culture and information, with a view both to combatingprejudices that lead to racial discrimination and to promoting understanding,tolerance and friendship among nations and among racial or ethnic groups.
Migrant workers
12.
The Committee is concerned about reports of unequal treatment of migrants in
employment and in access to housing. It is also concerned about reports that the rights offoreign technical interns are violated through the non-payment of proper wages, and thatthese people are subjected to inordinately long working hours and other forms of
exploitation and abuse (art. 5).
The Committee recommends that the State party reinforce its legislation in order tofirmly combat racial discrimination against migrants in employment and access tohousing and improve migrants’ employment status, bearing in mind the Committee’s
general recommendation No. 30 (2004) on discrimination against non-citizens. The
Committee also recommends that the State party take appropriate steps to reform thetechnical intern training programme in order to protect the working rights oftechnical interns.
Access by non-citizens to public-service jobs
13.
While noting the explanation provided by the delegation of the State party, theCommittee is concerned about restrictions and difficulties faced by non-citizens inaccessing some public-service jobs that do not require the exercise of State authority. The
Committee is particularly concerned about the position and the continued practice of theState party of excluding competent non-citizens from acting as mediators in family disputesettlement courts (art. 5).
Recalling its general recommendation No. 30 (2004) on discrimination against noncitizens, the Committee recommends that the State party review its position so as toallow competent non-citizens to act as mediators in family dispute settlement courts.
The Committee also recommends that the State party remove the legal andadministrative restrictions in order to promote more participation by non-citizens inpublic life, including access to public jobs that do not require the exercise of Stateauthority, paying due attention to non-citizens who have been living in the State party
for a long time. The Committee further recommends that the State party provide in its
next periodic report comprehensive and disaggregated data on the participation of
non-citizens in public life.

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Access by non-citizens to the national pension scheme
14.
While noting that the National Pension Act covers all peoples residing in Japan
irrespective of their nationality, the Committee is concerned that upon the removal of thenationality clause from the National Pension Law in 1982, combined with the age and theresidence requirements introduced by the amendment of 1986, a number of non-citizens,
including Koreans, who lost their Japanese nationality in 1952, may have been left out andremain ineligible for pension benefits under the national pension scheme. The Committee isalso concerned that despite the removal in 1982 of the nationality clause from the Basic
Disability Pension of the National Pension Law, non-citizens who lost eligibility to receive
benefits before 1 January 1982 due to the nationality clause, and other non-citizens withdisabilities who were over the age of 20 as of the same date, remain excluded fromreceiving the Basic Disability Pension (art. 5).
Recalling its general recommendation No. 30 (2004) on discrimination against noncitizens, the Committee recommends that the State party take measures to allow noncitizens, in particular Koreans, who may have been left out and remain excluded fromthe National Pension Act owing to the age requirement, to be eligible to join thenational pension scheme. The Committee also recommends that the State party amend
its legislation in order to allow non-citizens who are currently ineligible to apply for
the Basic Disability Pension.
Access by non-citizens to public places and facilities
15.
The Committee is concerned about the continued exclusion of non-citizens on thebasis of race or nationality from accessing some public places and facilities of general use
such as restaurants, hotels, family public bathhouses and stores, in violation of articles 2
and 5 of the Convention.
The Committee recommends that the State party take appropriate measures toprotect non-citizens from discrimination in access to public places, in particular by
ensuring effective application of its legislation. The Committee also recommends that
the State party investigate and sanction such acts of discrimination, and enhance
public awareness-raising campaigns on the requirements of the relevant legislation.
Trafficking in persons
16.
While noting the information provided by the delegation of the State party on
measures taken to prevent and combat trafficking in persons, the Committee is concerned
about the persistence of trafficking in minority women in the State party, in particular for
purposes of sexual exploitation. The Committee is also concerned about the lack of datathat would enable the extent of the phenomenon of trafficking in the State party to beassessed. The Committee is further concerned about the absence of information on specificlegislative provisions against trafficking, as well as on cases related to investigations,prosecutions and sanctions imposed on those responsible (art. 5).
The Committee recommends that the State party:(a)Adopt specific legislation against trafficking in persons;(b)Intensify its efforts to combat trafficking in persons, including of
migrant women, and take preventive measures to address its root causes in the context
of Japan’s Action Plan of Measures to Combat Trafficking in Persons;(c)Provide assistance, protection, temporary residence status, rehabilitationand shelters, as well as psychological and medical services and other assistance, tovictims;

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CERD/C/JPN/CO/7-9(d)Promptly and thoroughly investigate, prosecute and punish those
responsible;(e)Provide specialized training to all law-enforcement officials, including
police officers, border guards and immigration officers in the identification of,assistance to and protection of victims of trafficking;(f)
Inform the Committee of the situation on trafficking in the State party,
especially of people from minority groups.
Violence against foreign and minority women
17.
The Committee is concerned about information on persistent violence against
foreign, minority and indigenous women. It is particularly concerned that, under theprovisions of the revised Immigration Control and Refugee Recognition Act of 2012, theauthorities may revoke the residence status of foreign women who have been married to a
Japanese national or a foreigner with a permanent residency status if such foreign women“fail to continue to engage in activities as spouse while residing in Japan for more than six
months”, as provided under Section I, Article 22-4 of the Immigration Control Act. These
provisions may prevent foreign women who are victims of domestic violence by theirhusbands from leaving abusive relationships and from seeking assistance. (art. 2, 5).
In the light of 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 the State party take adequate measures toeffectively address the issue of violence against migrant, minority and indigenous
women by prosecuting and sanctioning all forms of violence against them, and toensure that victims have access to immediate means of redress and protection. The
State party should also review its legislation on residence status to ensure that foreign
women married to Japanese citizens or to non-citizens with permanent residence
status will not be expelled upon divorce or repudiation, and that the application of thelaw does not have the effect, in practice, of forcing women to remain in abusive
relationships.
Comfort women18.
The Committee notes information provided by the delegation of the State party
about efforts made to solve the issue of foreign “comfort women” who were sexually
exploited by the Japanese military during the World War II. The Committee also notes
information on compensation provided through the Asian Women Fund, established by theState party in 1995, and government expressions of apology, including the apology of thePrime Minister of Japan in 2001. Bearing in mind that human rights violations against
surviving “comfort women” persist as long as their rights to justice and reparation are notfully realized, the Committee is concerned at reports that most of the “comfort women”
have never received recognition, apologies or any kind of compensation (art. 2, 5).
The Committee urges that the State party take immediate action to:(a)Conclude investigations on violations of the rights of comfort women by
the Japanese military, and bring to justice those responsible for human rights
violations;(b)
Pursue a comprehensive, impartial and lasting resolution of the issue ofcomfort women, including expressions of sincere apology and the provision ofadequate reparation to all surviving comfort women or to their families;(c)6

Condemn any attempts at defamation or denial of such events.

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Korean schools
19.
The Committee is concerned about the legislative provisions and government
actions that hinder the right to education of children of Korean origin, including: (a) the
exclusion of Korean schools from the High School Tuition Support Fund; and (b) thesuspension or continued decrease of funding allocated by local governments to Korean
schools (art. 2, 5).
Recalling its general recommendation No. 30 (2004) on discrimination against noncitizens, the Committee reiterates its recommendation, included in paragraph 22 of its
previous concluding observations, that the State party ensure that there is nodiscrimination in the provision of educational opportunities and that no child residing
in its territory faces obstacles to school enrolment. The Committee encourages theState party to revise its position and to allow Korean schools to benefit, as
appropriate, from the High School Tuition Support Fund and to invite local
governments to resume or maintain the provision of subsidies to Korean schools. The
Committee recommends that the State party consider acceding to the United Nations
Educational, Scientific and Cultural Organization (UNESCO) Convention against
Discrimination in Education (1960).
Situation of the Ainu people
20.
While noting efforts by the State party to promote and protect the rights of the Ainu
people, the Committee is concerned at some shortcomings in the measures developed by
the State party, including; (a) the low/insufficient number of Ainu representatives in theCouncil of the Ainu Promotion Policy and in other consultative bodies; (b) persistent gaps
between the Ainu people — including those living outside Hokkaido — and the rest of the
population in many areas of life, in particular in education, employment and living
conditions; and (c) insufficient protection of the rights of the Ainu people to land andnatural resources, and the slow progress made towards the realization of their right to theirown culture and language (art. 5).
In the light of its general recommendation No. 23 (1997) on the rights of indigenous
peoples and taking into account the United Nations Declaration on the Rights ofIndigenous Peoples, the Committee recommends that the State party:(a)Consider increasing the number of Ainu representatives in the Councilof the Ainu Promotion Policy and in other consultative bodies;(b)Enhance and speed up the implementation of measures taken to reduce
the gaps that still exist between the Ainu people and the rest of the population withregard to employment, education and living conditions;(c)Adopt appropriate measures to protect the rights of the Ainu people toland and natural resources, and foster the implementation of measures aimed at therealization of their right to their culture and language;(d)Regularly conduct comprehensive surveys on the situation of the Ainu
people in order to adjust its programmes and policies;(e)
As already recommended in paragraph 20 of the Committee’s previous
concluding observations, consider ratifying the International Labour Organization
Convention concerning Indigenous and Tribal Peoples in Independent Countries(1989).

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Situation of the Ryukyu/Okinawa
21.
The Committee regrets the position of the State party in not recognizing the
Ryukyu/Okinawa as indigenous peoples, despite recognition by UNESCO of their unique
ethnicity, history, culture and traditions. While noting measures taken and implemented by
the State party concerning the Ryukyu — based on the Act on Special Measures for the
Promotion and Development of the Okinawa and the Okinawa Promotion Plan — theCommittee is concerned that sufficient measures have not been taken to consult Ryukyu
representatives regarding the protection of their rights. The Committee is also concerned byinformation that not enough has been done to promote and protect the Ryukyuan languages,
which are at risk of disappearance, and that education textbooks do not adequately reflect
the history and culture of the Ryukyu people (art. 5).
The Committee recommends that the State party review its position and consider
recognizing the Ryukyu as indigenous peoples and take concrete steps to protect theirrights. The Committee also recommends that the State party enhance its consultations
with Ryukyu representatives on matters related to the promotion and protection of
Ryukyu rights. The Committee further recommends that the State party speed up the
implementation of measures adopted to protect the Ryukyuan languages from risk of
disappearance, facilitate the education of the Ryukyu people in their own language
and include their history and culture in textbooks used in school curricula.
Situation of the Burakumin
22.
The Committee regrets the position of the State party, which excludes the
Burakumin from the application of the Convention on grounds of descent. It is concernedthat the State party has not yet adopted a uniform definition of Burakumin, as raised by theCommittee in its previous concluding observations. The Committee is also concerned about
the lack of information and indicators to assess the impact of the concrete measures
implemented by the State party upon the termination of the Dowa Special Measures in
2002, including measures to counter discrimination against the Burakumin. The Committee
is further concerned about the persistent socioeconomic gaps between the Burakumin andthe rest of the population. The Committee is also concerned at reports on illegal access tothe family registration system, which may be used for discriminatory purposes against the
Burakumin (art. 5).
Bearing in mind its general recommendation No. 29 (2002) on descent, the Committee
recalls that discrimination on grounds of descent is fully covered by the Convention.
The Committee recommends that the State revise its position and adopt a clear
definition of Burakumin in consultation with the Buraku people. The Committee also
recommends that the State party provide information and indicators on the concretemeasures taken upon the termination of the Dowa Special Measures in 2002, inparticular on the living conditions of the Burakumin. The Committee further
recommends that the State party effectively apply its legislation to protect the
Burakumin from the illegal access to their family data which may expose them todiscriminatory acts, investigate all incidents relating to illegal abuses of family
registration and punish those responsible.
Refugees and asylum seekers
23.
The Committee is concerned about reports of racial discrimination faced by somerefugees and asylum seekers, in particular non-Asians and Africans, at work, at school andin their interaction with public institutions and local communities. The Committee is also
concerned about the detention of asylum seekers for long periods and inadequate conditions
in detention facilities. While noting that the Japanese Nationality Act has a provision for theprevention and the reduction of statelessness, the Committee is concerned that the State
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party has not yet developed a determination procedure for statelessness. It is also concernedthat some stateless persons without residence permits have faced indefinite pre-deportation
detention and some have been at risk of human rights abuses (art. 5).
In the light of its general recommendation No. 22 (1996) on refugees and displaced
persons and bearing in mind its general recommendation No. 34 (2011) on thediscrimination against people of African descent, the Committee recommends that theState party take measures to:(a)Promote non-discrimination and understanding among its local
authorities and communities with regard to refugees and asylum seekers;(b)
Guarantee that detention of asylum seekers is used only as a measure oflast resort and for the shortest possible period. The State party should give priority toalternative measures to detention, as provided for in its legislation;(c)
Develop a statelessness determination procedure to adequately ensure
the identification and protection of stateless persons.
The State party should also consider acceding to the 1954 Convention relating
to the Status of Stateless Persons and to the 1961 Convention on the Reduction ofStatelessness.
Minority languages and textbooks
24.
While noting the information provided by the State party, the Committee regrets that
the State party has not taken adequate measures to promote education in and teaching ofminority languages for children belonging to minorities or indigenous peoples. The
Committee is concerned about the lack of information on steps taken to revise the existing
textbooks in order to adequately reflect the history, culture and contributions of Japanesegroups protected by the Convention (art. 5).
The Committee recommends that the State party facilitate education in and teachingof minority languages for children belonging to minorities and indigenous peoples,
including the Ainu and Ryukyu peoples. The Committee recommends that the State
party revise those textbooks which do not reflect the history, culture andcontributions of Japanese groups protected by the Convention.
Ethno-religious profiling of members of Muslim communities
25.
The Committee is concerned about reports of surveillance activities of Muslims offoreign origin by law-enforcement officials of the State party, which may amount to ethnic
profiling. The Committee considers the systematic collection of security information about
individuals — solely on the basis of their belonging to an ethnic or ethno-religious group —to be a serious form of discrimination (arts. 2 and 5).
The Committee urges the State party to ensure that its law-enforcement officials do
not rely on ethnic or ethno-religious profiling of Muslims.
Promotion of tolerance and mutual understanding
26.
While noting efforts by the State party to combat racial prejudices and stereotypes,
including human rights education and awareness-raising activities based on the concept ofmutual understanding, such as the Basic Plan for the Promotion of Human Rights
Education and Encouragement of 2002, the Committee is concerned about reports ofincreasing xenophobic and discriminatory attitudes towards non-citizens and indigenous
peoples, including through the mass media (arts. 2 and 7).

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The Committee recommends that the State party:(a)Redouble its efforts of public education and awareness-raising
campaigns;(b)Continue to integrate human rights education in school curricula;(c)Promote racial harmony and tolerance in mass media and train media
and journalists on human rights;(d)Enhance its activities related to the promotion of mutual understanding
and tolerance among different ethnic groups living in its territory.

D.

Other recommendations
Ratification of other instruments
27.
Bearing in mind the indivisible nature of all human rights, the Committee
encourages the State party to consider ratifying those international human rights
instruments to which it is not already a party, especially those that relate directly to racial
discrimination — such as the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families and the International Labour
Organization Domestic Workers Convention, 2011 (No. 189).
Follow-up to the Durban Declaration and Programme of Action
28.
The Committee requests that the State party include in its next periodic reportspecific information on action plans and other measures adopted in order to implement at
the national level the Durban Declaration and Programme of Action of 2001, as well as theoutcome document of the Durban Review Conference, which was held in Geneva in April
2009.
Dialogue with civil society
29.
The Committee recommends that the State party consult and expand its dialogue
with civil society organizations working on human rights protection, in particular those
combating racial discrimination, when preparing its next periodic report.
Amendment to article 8 of the Convention
30.
The Committee recommends that the State party ratify the amendment to article 8,paragraph 6, of the Convention, adopted on 15 January 1992 at the 14th Meeting of States
Parties to the Convention and endorsed by the General Assembly in its resolution 47/111 of
16 December 1992.
Declaration under article 14
31.
The Committee encourages the State party to make the optional declaration provided
for under article 14 of the Convention recognizing the competence of the Committee toreceive and consider individual complaints.
Follow-up to concluding observations
32.
In accordance with article 9, paragraph 1, of the Convention and rule 65 of its
amended rules of procedure, the Committee requests the State party to provide information,
within one year of the adoption of these concluding observations, on its follow-up to therecommendations contained in paragraphs 17, 18 and 22 above.

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Recommendations of particular importance33.
The Committee also wishes to draw the attention of the State party to the particularimportance of the recommendations contained in paragraphs 11, 19, 21 and 23 above, andrequests the State party to provide detailed information in its next periodic report on thespecific measures taken to implement them.
Dissemination
34.
The Committee recommends that the State party’s periodic reports be made readily
available to the general public as soon as they are submitted and that the Committee’s
concluding observations with respect to these reports be similarly publicized in the official
and other commonly used languages, as appropriate.
Preparation of the next report
35.
The Committee recommends that the State party submit its tenth and eleventh
periodic reports in a single document by 14 January 2017, taking into account the treatyspecific reporting guidelines adopted by the Committee at its seventy-first session(CERD/C/2007/1) and addressing all the points raised in these concluding observations.
The Committee also urges the State party to observe the page limit of 40 pages for treatyspecific reports and 60–80 pages for the common core document (see the harmonizedreporting guidelines in HRI/GEN/2/Rev.6, para. 19).

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