Convention on the
Elimination of all forms ofDiscrimination
AgainstWomen
The Summary Reportof The NGOs in Japan
July 2003 Rev.2

Japan NGO Network for CEDAW (JNNC)
http://www.jaiwr.org/jnnc/english/

ngoreport@jaiwr.org

Table of Contents
The Ainu Association of Hokkaido, the Sapporo Branch ..............................2
The Association of Korean Human Rights in Japan ......................................4
Buraku Liberation League ............................................................................5
Council of Democratic Resident Korean Women in Japan ...........................7
Equality Action 2003 ....................................................................................8International Movement against All Forms of Discrimination
and Racism-Japan Committee(IMADR-JC) .................................................9International Women’s Year Liaison Group ................................................ 11
Japan Anti-Prostitution Association ............................................................ 13
Japan Civil Liberties Union ......................................................................... 14
Japan Federation of Bar Associations ....................................................... 15
Japan Federation of Women’s Organizations’ (FUDANREN) ..................... 16
Japan Network for Abolishing “Koseki” and Discrimination
against Children Born out of Wedlock (JNKDC) ........................................18
Japanese Association of International Women’s Rights .............................19
Kyofukai, Japanese Christian Women’s Organization- HELP ASIAN WOMEN’S SHELTER......................................................... 20
New Japan Women’s Association (NJWA) ................................................. 21
NPO Dispatched Labor Network ................................................................23
Violence Against Women in War - Network, Japan(VAWW-NET Japan) .................................................................................. 24
Women against Sexist-Ageist Remarks by Governor Ishihara ................... 25
Working Women’s International Network ................................................... 26

1

TEL:+81-(0)-11-862-1841 FAX:+81-(0)-11-862-1868 mukkuri@deluxe.ocn.ne.jp

The Ainu Association of Hokkaido, the Sapporo Branch
Summary of The Reportand as part of the obligation to take all appropriate mea-

The indigenous Ainu have for the last 130 years,
as a result of being forcibly assimilated and ruled oversures, including legislation, to ensure the full development and advancement of women under Article 3 ofby the Japanese government and due to structural discrimination, continued to have their human rights vio-

the Convention. Such programmes are long overdue
given that Japan has been a signatory of the said Con-

lated, and seen the creation of a large disparity between
their own educational, economic and environmental

vention for nearly 20 years.

conditions and those of the general Japanese population. While the Hokkaido Utari Welfare Measures es-

When faced with their own children’s problems of
discrimination, many Ainu women do not know whattablished in 1974, and the 1997 Law concerning Promotion of the Ainu Culture and Dissemination andto do except to weep. Further, there are some Ainu
women who as a result of being harassed with words ofEnlightenment of Knowledge about Ainu Traditions(restricted to cultural matters alone) have resulted in

disdain for being Ainu and suffering physical, sexual orother violence, have their spirit broken and for the re-some improvement in the Ainu standard of living andthe promotion and understanding of Ainu culture, thesemainder of their lives continue to depreciate themselvesand detest the fact that they were born Ainu.

were not drastic measures. It is an undisputed fact thatour people as a whole continue to suffer economic andMany Ainu women also live in rural communities,
which can compound their problems of poverty, diffi-

social disadvantage.
Amongst Ainu, the situation for Ainu women isculty finding appropriate employment, access to education and literacy programmes and other services. In thiseven more serious. A lack of equality of educational
opportunity due to poor environment combined withregard we refer to the obligations upon the Japanese
government under Article 14 of the Convention, in par-poverty means that not just a lack of higher education,
but illiteracy among Ainu women over 50 is widespread.

ticular sub-paragraphs (a), (c), (d) and (e) of that Article and ask that measures be taken to ensure these

These women are thus forced to pursue occupations
with bad conditions of employment and often partner

rights in accordance with that Article.

with spouses whose social and economic status is also
low. As a result, Ainu remain trapped in a vicious circle

because of social discrimination and prejudice it can bedifficult for these women to discuss their own situation,

There are various problems for Ainu women, butwhere they are then unable to provide as they would
like for the education of the younger generation. We

and the true reality can be very difficult to see. In orderto recognise the problems of many Ainu women and tonote the Japanese Government’s obligation to take allappropriate measures to ensure to women equal rights

find solutions to these, it is necessary for the government to support and carry out an Ainu population sur-in the field of education under Article 10 of the Convention. We refer in particular to sub-paragraphs (e)vey and factual survey (a survey of women’s issues).

and (f) of Article 10, and the duty to provide accessfor women to programmes of continuing education, in-Such action is appropriate, given the ongoing disparity between the educational and economic situation

cluding adult and functional literacy programmes and toorganize programmes for girls and women who haveof Ainu women compared with both non-Ainu womenand men in general, and the obligation to take all neces-left school prematurely. We call upon the Japanese government to provide such programmes for Ainu womensary measures to realise Convention rights, under Articles 3 and 24 of the Convention.

with literacy problems, in accordance with Article 10,

Further, there is an urgent need for the provision2

of support and an environment which enables Ainu females, from their infancy onwards, to undertake education and higher education. There is also a need tocreate circumstances for the social advancement of Ainu
women into various fields in society. We note again inthis regard the obligations upon the Japanese government under Article 10, in particular subparagraphs(e) and (f), Article 14, Article 3 and Article 24.
Discriminatory social structures, receiving a general education and restoring pride in oneself as a person
are all connected to the liberation of Ainu women. Can
we really call a country which neglects such issues aratifying country of the Convention on the Eliminationof Discrimination Against Women?

3

The Association of Korean Human Rights in Japan
Summary of The Report

are facing with discrimination with regard to the accessto the higher education and in the process of job hunt-

Article 2:
Harassments against Korean female students

ing due to systematic discriminatory policies towards
Korean schools imposed by the Ministry of Education..

Gist

Female students suffer from complex discrimination in
those areas as female and as member of minority inUpon the liberation from the Japanese colonial ruleover Korea in 1945, Koreans in Japan, many of themcame to Japan as forced labourers, set up Korean schools

Japan.
It is needless to say that the persistent discrimina-

all over Japan. Just after the establishment of thoseschools, Korean students have been harassed by Japa-

tion and hatred toward Koreans in Japanese society as
well as recent hostile reports against Korea is the back-nese people with abusive words and violent acts. Particularly for last decade or so, many cases of violence,ground of these incidents but the fact that the Japanese
government has not taken any positive steps to elimi-

targeted female students in Chima-chogori, a school
uniform as well as a Korean national costume, havenate those harassments by ignoring recommendations
by several human rights organs including the Commit-

repeatedly happened in broad day light in Japan.

tee on the Rights of the Child in 1998 resulted in therecurrence of harassments towards Korean children.

Recently, the outcome of the North Korea andJapan’s Summit meeting in September 2002, together
with the Japanese mass media’s narrow and one-sided
reports of Korean issue triggered many cases of unrea-

Request1. The Japanese government has to take all effective
measures to prevent harassments toward Kore-

sonable harassments against Korean pupils and students,
especially vulnerable female students, and those cases

ans, especially female students, including violent
and threatening acts.

reached an intolerant number of 345 as of 31 March,2003.

2. The Government of Japan should commit herself
to strengthen human rights education and enlight-

For the sake of the safety of Korean children, parents and Korean school stuff encouraged students toening activities to eliminate any forms of discrimination and violence based on such discriminations.

attend school in a group and not to wear Chima-chogori
and other Korean school uniforms. However, threaten-

3. The Japanese government should correct her systematic discriminatory policies towards foreign

ing telephone calls and Emails have continued of which
messages say, “We can easily know Korean children

schools, including Korean schools, and ensure thesystem which allows female students to make aeven though they are not wearing Chima-chogori”, “ I
set a bomb in your school”, “I am going to kill all Ko-

meaningful choice for their future without having
discrimination.

rean girls without fail!” and many more.
In addition to such harassments, Korean students

4

3-5-1 Roppongi Minato-ku, Tokyo 106-0032 Japan Tel.81-3-3586-7008 Fax.81-3-3586-8966
E-mail: bllosaka@skyblue.ocn.ne.jp URL; http://bll.gr.jp

Buraku Liberation League

percentage of Buraku women graduated from universities and junior colleges is 2.0% (6.3% for Buraku men).

Summary of The Report
Buraku people are discriminated based on theirdescent (caste-like discrimination), and especially,

Even the obvious gap exists between women and men
in Buraku communities, the government has simply re-

Buraku women are placed more disadvantageous situation compared to Buraku men and majority women.

ported the increasing number of women’s enrollment inuniversities and junior colleges (see article 1 (2) of theNeither in the government reports to CEDAW Committee, nor the 1993 National Survey to Grasp the Ac-

government’s report).
Another ratio (see data 2 of an Annex “Buraku

tual Conditions of Dowa (Buraku) Areas*1, the situation of Buraku women are grasped. As a result, thewomen”) shows that the distinction of sex has influenced parents’ wish for their children to have a higher

precise condition of Buraku women is not yet to berecognized, so that any effective measures to improveeducation. One of the reasons can be said that becauseof less education, many of Buraku parents do not un-

the situation have not put into reality. Hence, we request that the government conducts a survey to grasp

derstand children’s study and have less interest to theireducation. Such an education environment of a family

the reality of Buraku women and based on the results,
statistics and analysis should be performed and reflected

and economical background in addition, are also producing the results of lower enrollment in schools, espe-

in the next report. Following is what we especially demand the government to include a concrete description

cially for Buraku girls. None of the above data is noticed in the government’s report and we request an im-concerning the 4th and 5th Periodic Reports, and in lightof Articles of the Convention, we also request the gov-

provement in a system of student loans which now has
some requirements to loan out.

ernment to improve its policy and actualize measures toa betterment.

3. The reality of illiteracy of Buraku women

1. Buraku women’s participation in the decision
making process for government policies andand a necessity of an improvement measure(Article 10)

measures (related to Article 4)
Although it is said in the report that “the target

In so called an information-oriented society wheremost of people are literate nowadays, still some Buraku

year is set to promote women as members of national
advisory council and committees”, the concrete con-women in both an advanced age and youth struggle inreading and writing. Although the literacy rate has risen

cept is not clear. The government should take tangible
steps to have an effective committee to reflect the voices

because of programs developed in liberation movement,
there is obvious gap in literacy rates in women and menof people discriminated-against accurately, such as including Buraku women or other minority women in thein Buraku community. The percentage of 2.6% for
Buraku women who can’t read at all doubles men forCommittee. The same procedures should be taken in
the local level.

1.4% (see data 3 and 4 of an Annex “Buraku women”).
This circumstance has appeared because of lack of education opportunity for especially women even the rightto education is guaranteed by the constitution of Japan

2. Enrollment in school of Buraku women(Article 10)

and the illiteracy affects in every day life which cancause more discrimination against Buraku women.

As it is shown in the data 1 (see an Annex “Buraku
women”), the percentage of Buraku women of enrollment in school is 6.4% (3.1% for Buraku men), and the5Hence, we call for effective measures to solve this prob-

circumstances, Buraku women often end up in working

lem immediately.

as a part-timer or in a small business which the wages
are low and the condition is inadequate. Hence, we urge

4. Necessity for organization of employment

the government to take measures to solve problems of
unstable jobs and to improve the conditions of part-conditions of Buraku women (Article 11)
Given the situation that many people havetime jobs which have violated the rule of an equal workand equal wages, and also to appoint Buraku women to

struggled to have a stable job in the middle of this great
depression of Japanese economy, most vulnerable people

the Council set by government to revise the policy forpart-time employment.

like Buraku women and other minority women havebeen hit directly by the impact. One of the cases is thatwhen Buraku women apply for a regular position of
employment, they are often denied by reason of that

*1 the 1993 National Survey to Grasp the Actual Conditions of Dowa (Buraku) Areas

their origin in Buraku is found out by the company’s
investigation. Also the illiterate situation (as shown in*All data above is provided by the 2000 survey for
Buraku women’s condition by the local government of
Osaka.

data 1) has affected Buraku women’s low percentageof employment especially in a specialty. Under the above6Council of Democratic Resident Korean Women in Japan
Summary of The Report

The resident Korean women suffer from outright
discrimination in employment. They are not eligible forjobs as public servant(- violation of Articles 11-a and11-c). Some local governments have lifted the restrictions on nationalities for such jobs, thanks to citizens’
movements. The Goj, however, has not made its position on the issue clear. It should eliminate the restrictions on nationalities on the eligibility to become public

Introduction
The resident Korean women in Japan is defined
here as those who had no choice but to stay in Japan asa result of Japan’s colonization of Korea (1910~1945)
and their descendents. The number of resident Koreans in Japan amounts to 632,405 (As of Dec. 2001).
These resident Koreans in Japan ended up with having

servant as a national policy.

to live in Japan as the Government of Japan (GoJ) forcibly moved them as laborers. When the San Francisco

Article 3: Women and education
The right to education for the resident Korean girls
is violated. This fact violates the convention against all
forms of discrimination and racism and the conventionof the rights of the child, which provides for all peoples
to enjoy their culture and language. The Ministry of
Culture and Science of Japan decided in 6 March 2003
that the graduates of Asian-affiliated foreign high schools
are not eligible to sit for the entrance exams for national
universities. The GoJ, although later retracted part of it,
stated the reasoning for this decision was related to therelationship with the DPRK. The GoJ must protect theirright to learn their culture and language.

treaty came into effect in April 1952,they were strippedof Japanese citizenship and lost all military compensations such as the veterans’ pension and survivor’s annuity as they were deemed as non-Japanese.
We would like to point out, firstly, that the Japanese law regarding the resident Koreans limits itself toits security and control concerns, such as the Immigration and Emigration Control law and the Aliens Registration law, and that it has not attempted to facilitate
legal provisions to protect their human rights.
We will list three points to counter the GoJ’s 4th
and 5th periodical reports. These points are also applicable to the resident Korean men.

Article 2: Women and violence
The international community has recognized thatpeace is essential to protect women’s human rights, since
it adopted CEDAW and held international conferences on
women. The Korean women in Japan, meanwhile, arefacing new challenges in the face of various policies resulting from the increasing conservatism and militarizationof Japan. We have witnessed repeated verbal and physicalviolence against the students in Korean school uniform
since the revelation last year of the kidnapping of Japanese by DPRK. Against this background, we demand the
GoJ to engage DPRK for normalization, settlement of war
reparation, and the full investigation of the “kidnapping”
issue including compensations for the victims. We also
demand that the GoJ deal with the “military slavery” as
decided at the women’s international tribunal in 2000, tomark history and contribute to the world’s peace.

Articles 3&7:Women’s political participation
If we refer those who came from the colonized
Korea and stayed in Japan as the first generation, now
there is the fifth generation. The second generation andthereon were born in Japan and part of the Japanesesociety. However, they are denied of the right to vote,violating the CEDAW Articles 3, 7-a and 7-b. This completely shuts off the resident Korean women in Japan
from politics, let alone participating in the political decision-making process. This is a significant obstacle not
only for them to pursue legal recourse to rectify discriminations against them but also to have their views
reflected in the local politics - a right for citizens. The
right to vote for them should be immediately granted.
Article 11: Women and employment73-2555-15 Wakasa, Tokorozawa-city, Saitama, 359-1151, Japan
Tel&Fax: 81-42-949-5231 kinto2000@japan.email.ne.jp

Equality Action 2003

Outlines of the groupated with excuses of different personnel management
and/or employment types.

Originally started as Equal Treatment 2000 Campaign in February 2000, with 30 advocates composingof Diet members from various parties, lawyers, research-

Part-Time Work <Article 11-1>
Although the Ministry of Health, Labour and Welfare is planning to add “Balanced Treatment Rule ofers, etc. In April 2001, changed the group name as thecurrent Equality Action 2003. The membership is asJapan” into the Guidelines for Part-Time Work Law,
the Rule is to recognize individual acceptability of trans-

many as 800, most of them are women and working invarious type of work.

fer to other jobs and other locations as a legitimate reason of differential treatment, which is nothing but indi-

The goal of our group is aimed to have the government to incorporate banning indirect discrimination

rect discrimination. It is important to explicitly specify
equal treatment in the Part-Time Work Law.

and equal treatment into relevant laws. We are strivingthat discrimination stemming from employment types

Equal remuneration for work of equal value <Ar-

be legally prohibited.

ticle 11-1(d)>Summary of The Report

In order to materialize equal remuneration for work

Indirect discrimination <Article 2(b)>Gender discrimination in employment in Japanof equal value, it is required to establish a concept ofgender-neutral job value as well as a system to evaluate

continues to exist by transforming itself from direct toindirect discrimination, in forms of various fringe ben-job value on gender-neutral basis, and to urgently legislate positive action and indirect discrimination.

efits, track-based personnel management, and part-time
employment, etc. Swift legislation to prohibit indirect

Social Security System irrespective of gender <Article 11-1(e)>discrimination is required.

In order to amend the taxation and social secuEqual Employment Opportunity Law

rity into gender-neutral system, it is necessary to reform the public pension scheme from the current house-<Article 11-1>

hold basis to individual basis. Every part-timers should
be given public pension rights by repealing the current

Equal Employment Opportunity Law was revised
to prohibit discrimination in every stage of employment,
but is still limited within the same categories of person-

thresholds for eligibility.

nel management. Discrimination should not be toler-8Roppongi 3-5-11, Minatoku, Tokyo106-0032 JAPANTEL: +81-3-3568-7709 Fax: +81-33586-7448 E-mail:imadrjc@imadr.org http://www.imadr.org

International Movement against All Forms of Discrimination
and Racism-Japan Committee(IMADR-JC)
Outline of The Organizationof life than male members of the same group and Japanese women belonging to the majority. Consequently

IMADR is an international human rights organization founded in 1988. IMADR is in consultative status
with the United Nations(ECOSOC).

they are vulnerable to abuse, violence and exploitation.
The groups in question are:Summary of The Report
Multiple Discrimination: A Missing Perspective
The Japanese Government fails to report on the- Koreans as the largest national minority living inJapan for generations (mostly not naturalized)

situations of women belonging to minorities (hereafterminority women), despite its treaty obligations to pro-

- Ainu people and Okinawans, the indigenous peoples
deprived of their language, land and resources- Buraku people discriminated and segregated on the

mote and protect human rights of all women in its territory regardless of nationality, ethnic origin, citizenshipbasis of descent- Migrant workers mainly from countries in Asia andor legal status. Focus is placed by the government on
Japanese women belonging to the majority group, not

Latin America- Women trafficked into sex industry from other

only in its reporting practice but more importantly inplanning actions and taking measures. In fact, the gov-

countries- Non-Japanese women married to Japanese men

ernment has shown very little interest and enthusiasm
in knowing the realities of minority women and helping
them. Hardly any statistics or data exists on their situa-(many of whom are mail-ordered brides from countries in Eastern Europe and Asia).

tions. Measures, whether legal or administrative, thatare specifically targeted at minority women are almost

The pressing problems and issues involving minority women include:[articles of relevance]

non-existent.

(1)
Hate crimes and violence against Korean
girls in the absence of the government’s determination

The government should take the initiatives (i) to
conduct researches on the situations of minority women;(ii) to take measures to protect them from acts contra-

and measures for effective prevention and punishmentof the perpetrators. [Article 2]

dictory to the treaty provisions, to remedy violations,and to promote their rights and status in the society and(2)to ensure their effective participation; (iii) to provide
support and services that meet their need. It should

Trafficking of women into sex industries

from countries such as Thailand, Colombia, China, Taiwan, Korea and the Philippines. [Article 6]

prepare a report that contains socio-economic data disaggregated by gender and national/ethnic groups and(3) Lack of (or limited) access to health care andother social services for migrant workers, asylum-seek-

information on the measures taken.

ers, and refugees. [Article 12] Prioritizedcriminalization, detention and deportation to basic hu-

Minority women are faced with discrimination
based not only on gender but also nationality, ethnicity,indigenity, descent, lack of citizenship or documenta-

man rights protection.
(4) Shortage of shelters, lack of medical/mentaltion, status of migrant worker or asylum-seeker. They
are in general socially and economically marginalized,care and legal support for non-Japanese victims of domestic violence, trafficking and exploitative employment.

and faced with more difficulties in almost every aspect

9Their legal status as undocumented residents or work-(6)Systematic discrimination and deprivation ofers often prevents them from seeking help from publicauthorities. [Article 2]

Ainu people, Okinawans, and Buraku people. Many
women belonging to these groups suffer from limited
educational and employment opportunities, vocational
training, and lower income. [Articles 3, 10 & 11](5) Prevalence of rape and other sex crimes against
women and girls in Okinawa by the U.S. military men
taking the advantage of the Japanese government’s reluctance to prevent and punish the crimes. [Article 2]10International Women’s Year Liaison Group
Article 2
In order to improve the Liaison Conference for
the Promotion of Gender Equality, an increase inmembers from NGOs, activation of discussions
with NGOs, etc. are necessary. While ordinances
and action plans are being formulated and implemented by local governments, serious backlashes
are occurring trying to impede progress and restore stereotyped perceptions of gender roles. Retreats are observed in school textbooks describing
the issue of army comfort women,’ for example,
the word ‘army’ was deleted and the number oftextbook companies which published textbooks for
middle school students and dealt with the issue
decreased from 6 to 1 in 2002.
The number of cases of sexual harassment on campus have not decreased even after the enactment ofprovisions prohibiting sexual harassment. The establishment of third party facilities is necessary
which victims can consult with. It is urgent for Japan to ratify the Optional Protocol to CEDAW.
Article 7 (Article 4 is also relevant)
Women’s representation in local assemblies is particularly low and, therefore, improvements are necessary, such as awareness raising, measures to support working women, etc. As a result of 2000 revision of the Public Offices Election Law, the number of women who won the House of Councilors
election in 2001 was less than that in the previous
Upper House election.
Article 5, 10, and12
Backlashes are evident: while textbooks and guidebooks that approve stereotyped perceptions of gender roles are being authorized, textbooks and brochures that try to eliminate these perceptions (issued in commission of the Ministry of Education,

Culture, Sports, Science and Technology) and sex
education booklets (issued by organizations affiliated to the Ministry of Health, Labor and Welfare)that address the earlier initiation of sexual intercourse among teenagers are being unjustly underfire, and ministers in charge speak in favor of theunjust accusations. Measures to promote genderequality in school education, including the abolition of non-coeducational public high schools, raising the ratio of women in managerial positions inschool, etc., are necessary.
Article 11
As a result of policies to promote diversifying
forms of employment and flexible choice of profession, part-time workers and dispatch workers
have increased in number and 70 percent of them
are held by female workers. Many young people
are also employed in these low-waged, short-term,
unstable forms of labor and their economic independence is threatened. Even after the revised Equal
Employment Opportunity Law came into force, disparity in wages between men and women (50 percent including part time workers) and discrimination in promotion still continue due to so-called
indirect discrimination including employment management differentiated by career course and adoption of ‘overtime work and transfers as criteria’
Regarding disparity in wages, it is important toeliminate discrimination due to the difference inthe forms of employment, such as regular workers
and part time workers. The present Part-Time Law
doesn’t have binding force, and, therefore, even if
the policy based on the law is changed, it is impossible to eliminate disparity in wages. Revisionof law is necessary, aimed at ratification of ILO
Convention on part-time work and establishment11

of principles for the fair and balanced treatment.
In order to make up for the insufficiency of daycare centers and after-school measures for children, it is urgent to expand non-profit child welfare facilities.
In the Long-term Care Insurance System, focus ison home care and the burden shouldered by families, particularly women, is still heavy due to theincrease in insurance premiums. It is necessary to
improve the system so that care that will meet thedemands of each family can be given, and to secure resources that will cover long-term objectives.
Article 13
More mothers of fatherless families, including unmarried mothers and widows, are poverty-strickenwith allowances, shelters, and employment opportunities are necessary, but childrearing allowanceis curtailed and further curtailment is expected five
years from now. Homeless women are increasing
in number.
Article 16
Revision of a Part of the Civil Code concerning
surnames of married couples, discrimination
against children born out of wedlock, minimum age
for marriage and period required for women to remarry after divorce or cancellation of former marriage has not realized yet owing to the conservatives who insist that the revision will ‘lead to collapse of the family.’ The points at issue on the Law
for the Prevention of Spousal Violence and the Pro-due to a depression and a cut in the budget for social welfare. There are cases in which some starved
to death. More positive measures to provide themtection of Victims are: supporting NGOs are doing
the work as subcontractors without financial aid;
present protection orders have many flaws and victims are still suffering from secondary violence:
emergency protection facilities should be improved
qualitatively and quantitatively; measures to reconstruct victims’ lives are urgent, such as provisionof employment opportunities and shelters and revision of relevant laws, etc. The legal frameworkof support for victims of violence other than DV is
also necessary.

122-23-25 Hyakunincho, Shinjukuku, Tokyo, JAPAN 169-0073

Japan Anti-Prostitution Association

Outline of The Organization
The liaison conference group consisted of 14 NGOs that worked together to establish the Anti-Prostitution Law

Summary of The Report
CEDAW Article 6
Present state of affairs in relation to prostitution in JapanThe Japanese government must set about reforming the present legal
system in order to respect women’s human rights sufficiently.
It is also an urgent task for the government to build up a closer connection between administrative agencies and NGOs as well as to provide enoughfinancial support to NGOs.

13

306 Atagoyama Bengoshi Bldg. 1-6-7 Atago, Minato-ku, Tokyo, 105-0002 JAPAN
Tel: (+81) 3-3437-6989; (+81) 3-3437-5466 Fax: (+81) 3-3578-6687 jclu@jclu.org http://jclu.org

Japan Civil Liberties Union

Outline of The Organization

3. The government should disclose information on plans
and results of these gender training programs

The Japan Civil Liberties Union (JCLU) is an independent non-profit organization which aims to protect and promote human rights for all persons regardless of beliefs, religion or political opinion. JCLU's work

Discriminatory remarks made by public
officials(Article 2(d))

is conducted in accordance with internationally recognized human rights principles, namely the Universal Dec-

The Japanese government, on its own responsibility, should take the necessary action against discrimina-

laration of Human Rights. The JCLU was founded in
1947, the year the new Constitution of Japan was pro-tory remarks made by public officials, especially thosein high ranks• A and implement an appropriate training

mulgated.

(program) to prevent further recurrence.

Summary of The Report

Discriminatory acts in the public
workplace(Article 7)

National Human Rights Commission(Article 2c)

The Japanese government should make efforts toeliminate gender discrimination and prevent further re-

1. The Japanese government should make a drastic
amendment to the present Human Rights Bill to pro-currence in the public domain, especially within the legislative bodies. The government should also work onvide legal guarantees for the independency of the proposed National Human Rights Commission (Thesetting to increase the ratio of female participation in
the decision making process.

Commission.)

Introduction of Male Midwives(Article 12)
The Japanese government should be prudent

2. The Commission should be able to provide affirmative remedies with legal force for any kind of humanrights infringement caused by public authorities. The

enough to allow the possibility of granting midwife’s
licenses to men by guaranteeing women’s rights to pri-obligation of public authorities to obey orders issued
by the Commission should be expressed in the Bill.

vacy, to choose or any other fundamental rights.
Domestic Violence (Article 6)
1. In accordance with “Law for the Prevention of Spou-

3. Discrimination against women in the field of employment and labour conditions should also be included
within the jurisdiction of The Committee.

sal Violence and the Protection of Victims” (DV Law),
the National Police Agency should make clear stan-

Gender Training for Personnel in the JusticeField(Article 2(c))

dards for handling domestic violence (DV) cases, inparticular, for the arrest of a perpetrator, and for mak-

1.It is necessary for the Supreme Court vis-à-vis judges
and legal trainees, the Ministry of Justice vis-à-vis

ing these standards known to Prefectural Police Headquarters.

public prosecutors and correction officers and the
National Police Agency vis-à-vis law enforcement of-

2. It should be made clear in such standards that police
officers must protect victims and take strict criminal

ficers to provide training programs on gender discrimination.

measures against perpetrators who clearly commit
criminal acts.

2. The training programs should be extended to cover
all lay participants.

14

1-3,KASUMIGASEKI 1-CHOME CHIYODA-KU,TOKYO 100-0013 JAPAN
TEL:+81(0)3 3580 9841 FAX:+81(0)3 3580 2866•E9840
kouhou@nichibenren.or.jp http://www.nichibenren.or.jp/en/index.html

Japan Federation of Bar Associations
Contents of The Report
I. Spousal Violence (question 8, government report's article 2.4 (1) e, article 16.2 (2)) ............. 1
II. Sexual Harassment (question 10, government report's article 2.4 (6)) ................................... 4
1. Current Legal System
2. Prevention in the Workplace
3. Relief the Victims of Sexual Harassment
III. Rights of Foreign Women (question 12, government report's article 6.1 (2)) ....................... 5
1. Determining the Number of Victims
2. Human Trafficking: View from the Inside
3. Relief for the Victims
4. Punishment
IV. Discrimination Against Women in Employment(question 18, government report's article 11.1-1 (1)) ................................................................ 8
1. Employment of Women Students
2. Discrimination Against Women in Resignation and Dismissal
V. Part-time Workers (question 19, government report's
General Introduction 2 (3), article 11.1-2 (1)) ............................................................................ 9
1. Wide Variety in Employment Forms for Japanese Women
2. Women Part-time Workers and Their Situation
VI. Dispatch Workers (question 20, government report's article 11.1-2 (2)) ............................ 12
1. Dispatch Workers
2. Changes in the Legal Regulation of Dispatched Labor
3. Labor Dispatching at a Glance
4. The Need for Worker Protection
VII Gender-related Education and Training in the Judiciary (government report's article 2.3 (3)) 15
1. Statement in Government Report Article 2.3 (3), and the Reality
2. Problems
VIII. Poverty in Japan (not covered in government report) ...................................................... 17
1. Rising Unemployment and Other Problems
2. Higher Social Insurance Premiums
3. The Homeless
4. Desperate Circumstances for Household Finance15

4-11-9-303 Sendagaya, Shibuya-ku, Tokyo 151-0051, Japan
Tel: +81-3-3401-6147, Fax: +81-3-5474-5585 fudanren@cocoa.ocn.ne.jp

Japan Federation of Women’s Organizations’ (FUDANREN)
Summary of The Report

participation more difficult for women, in particular in

Introduction
Following its previous report (1998), Japan Fed-the House of Councilors: as a result of 2001 election,
the ratio of women Councilors decreased from the pre-eration of Women’s Organizations (FUDANREN: 20
affiliated organizations including women’s associations

vious 1998 level.

and women’s sections of trade unions and citizens’
groups) wishes to submit to the Committee on the Elimi-

Article 10
Coeducation in public education needs to be promoted. Backlashes for gender equality including attacks

nation of Discrimination against Women a new report
jointly prepared by its affiliates so as to ensure that theon efforts to make home economics a compulsory subject for both male and female students and withdrawal

realities of Japanese women will be more correctly reflected on the Committee’s considerations.

of sexual education leaflets have been observed.

Article 2

Article 11

The Basic Law for a Gender-equal Society enacted in 1999 has some positive aspects but also di-

About 50% of women workers are employed on
non-regular basis. Employment discrimination is the mostverse negative aspects, especially in that it does not provide corporate responsibilities and the right to maternity

significant for married women. Even after some amendments have been made to the Equal Employment Op-

protection. While progress has been made at local government level in establishing regulations and implement-

portunity Law, discrimination against women in wage
and promotion remains persistent due to indirect discrimination through differentiated career managementing programs, backward trends favoring stereotyped
perceptions of gender roles have emerged.

and result-based wage system. The wage gap between
men and women (including part-time workers) is as high

The governmental investigation into the “wartime
comfort women” issue as well as the actions under-

as 50% and women occupy only 12% of low managerial positions. Most of part-time and dispatched work-taken by the Asian Women’s Fund are both insufficientin substance and the problem still needs a comprehen-

ers have employment contracts of limited duration andtheir wages and other working conditions are consider-sive settlement. In school education, only 3 of the 8
textbooks currently used by lower secondary schools

ably poorer than regular workers. As no guaranteed
minimum pension exists for women workers, the wage

make mention of comfort women.
The House of Councilors adopts in each session aand seniority differentials are directly reflected on theamount of pension. As a result of the abolition of pro-petition calling for the ratification of the Optional Protocol to the Convention on the Elimination of All Forms

tective regulations for women, cases of death from overwork (karoshi) and maternity destruction by long inten-

of Discrimination against Women but the governments
still refuse to ratify it on the ground that it would violate

sive work are increasing. Women have their right tohealth and safety in the workplace violated.

the independence of judicial power.

Women still shoulder most of childcare and nursing care of dependent family members. The quality of

Article 7 (also related to Article 4)
Causes for low representation of women in thechildcare service that the government provides as measure to “support to make work compatible with family

Diet and managerial positions should be brought to light.
Adverse revisions in the election system have made thelife” is worsening due to the privatization of childcare

16

facilities. The services offered by the national nursing

farmers take side jobs, which fact increases their work

care insurance are used only 40%, due to the high levelof insurance premiums, expensive fares and inadequate

burden in addition to housework and the difficulty inparticipating in social activities. It is therefore necessary

management and infrastructures (also Articles 3 and 12
on aged women and health care).

to amend tax laws so that work done by family members in family businesses is recognized as waged workand to provide them with adequate paid leaves for maternity and sickness.

Article 13
Cuts in childcare benefits for fatherless families in
the name of “promotion of self-reliance” pose a grave
problem.

Article 16
Following the National Advisory Council’s recom-

Article 14

mendations and the results of the opinion poll, the Civil
Code should be amended as soon as possible to allow

As a result of deregulation of imports and overseas delocalization of industries, small and medium sized

married couples to adopt separate surnames. The current law for the prevention of domestic violence hasenterprises as well as farms have seen their incomesconsiderably diminished and women find themselves

many deficiencies, in particular contracting-out of shelters to NGOs and needs to be improved.

deprived of conditions that would allow them to become economically self-reliant. More and more women17

c/o Ms. Sumiko Tanaka, 1-2-54-1 Sakura-zutsumi, Musashino City, Tokyo, Japan kouryukai@mc.neweb.ne.jp

Japan Network for Abolishing “Koseki” and Discrimination
against Children Born out of Wedlock (JNKDC)
Summary of The Reportumns is necessary because there is a provision of the

We are members of a Japanese NGO, JNKDC,
which we operate in order to eliminate discrimination

Civil Code (Article 900) concerning the right to inheritance. However, discriminatory expressions are not nec-

against children born out of marriage and realization ofsociety in which every lifestyles of women are respected

essary for that purpose, because we can tell who is achild born out of wedlock by just a glance of the family

and all the women who bear children out of her marriage shall not be discriminated against.

matters columns of Koseki files, not family-relation columns. Moreover, it is not necessary to amend the law
in order to eliminate such discriminatory expressions.
Amendment of a ministerial regulation will do. The gov-

Children cannot select their parents. The government shall not be allowed to discriminate children

ernment can eliminate discriminatory expressions as
early as even tomorrow.

born out of wedlock by legislation for the reason of thefact that their mothers are not married.

3.The government forces the unmarried mothers

We complain that there are following discrimi-

to make clear whether their children were born “in” or”out” of wedlock on birth notifications. If the mothers

nation against children born out of wedlock in the Japanese law.

refuse to do it, the birth notification shall not be accepted, and Koseki file shall not be made for such chil-

1.The Legislative Council of Japan proposed, in
1996, equalization of the right of inheritance between

dren. Resident registration files shall also be made without Koseki files, and children cannot get passports tochildren born in and out of wedlock, but the government deleted it from the draft amendment of the Civil

go abroad.

Code which was to be proposed to the ruling parties,
for the reason that there are strong opposition inside of

4.If the mothers do not have the Japanese nationalities, their children cannot get the Japanese nationalities even if the fathers acknowledge the children at thethe ruling parties. In March 2003, the Supreme Court
made two dicisions which declared that the discrimina-same time as the birth notifications, unless the fathers
acknowledge them whild the mothers are pregnant.

tion against children born out of wedlock in the right toinheritance is not unconstitutional. The Japanese government has no intention to eliminate discrimination
positively.

The CCPR Human Rights Committee, the Committee on Economic, Social and Cultural Rights, andthe Committee on the Rights of the Child respectively
recommended to eliminate discrimination against chil-

2.There exist discriminatory expressions in family-relation (between parents) columns on Koseki files,

dren born out of wedlock, but the Japanese government has not changed its opinion that such distinctions

which make clear whether the child is born in or out of
wedlock. We use the copies of Koseki files when weare not “discrimination” and do not violate international
human rights treaties.

get jobs, enter into schools or get passports. For children born out of wedlock, everytime they use the copies, the fact that they were born out of wedlock is exposed to the other people, and in many cases they are

We sincerely hope that your committee recommend to the Japanese government that it shall eliminate
the above discrimination against children born out ofrefused to get jobs or to entrer into schools. The government says that the distinction in family-relation col-wedlock (for example in the expressions on Koseki).

18

Japanese Association of International Women’s Rights
Outline of the Organization

der to better implement requirements of the Convention in Japan, including establishment of the Basic Law

JAIWR was established in 1987 for the purpose of research and promotion of the Convention on

for Gender- Equal Society and the Law for the Prevention of Spousal Violence and the Protection of Victims

the Elimination of All Forms of Discrimination against
Women (hereunder Convention). In 1998, the organi-as well as strengthening the national machinery. These
positive changes were, in a sense, brought out by thezation became ECOSOC accredited NGO. Current
president of JAIWR is the former CEDAW expert,

influence of the NGO Forum that had been held in conjunction with the Fourth World Conference on Women

Ryoko Akamatsu. Main activities of JAIWR include
academic research, organizing symposiums and work-in 1995 where 5,536 Japanese women had participated.
In addition, many local governments have formulated

shops, and publishing articles and books on the Convention. The organization has been paying special at-

ordinances to promote gender equality (42 prefecturesand 109 cities, wards, and towns as of April 2003) which

tention to the consideration of Japanese reports by theCommittee, sending its representatives to monitor thehave made favorable impact on the society by putting
gender equality on local agenda.

Committee’s consideration of Japanese initial report inJanuary 1988 and the combined consideration of sec-

However, at the same time, the fact that “back-ond and third periodic reports in 1994. JAIWR havepublished complete text of each report and the consid-lash” brought by conservative parties in the process of
formulating such ordinances should not be neglected.

eration by the CEDAW in its annual journal, increasing
the awareness and knowledge of the Convention among

JAIWR welcomed that Japanese Government tried toaccept inputs from NGOs in the process of drafting its

Japanese NGOs.
This time, for the consideration of the 4 and 5

fifth periodic report to the CEDAW. However, more
substantial discussion with NGOs should have taken

periodic report of the Japanese government, JAIWR
played instrumental role in setting up the Japanese NGO

place according to the Committee’s Concluding Comments (A/50/38).

thth

Network for CEDAW, organizing major Japanesewomen’s rights NGOs to collaborate in presenting NGO’s

Japanese NGOs are hoping with much enthusiasm that Japanese Government ratifies the Optionalviews to CEDAW Committee.

Protocol to the Convention and take necessary procedure to accept the revision of Clause 1, Article 20 of

Summary of The Report

the Convention immediately.

Since the second consideration of Japanese reports
in 1994, there have been many positive changes in or-19

Kyofukai, Japanese Christian Women’s Organization- HELP ASIAN WOMEN’S SHELTER
Summary of The Report—The Voices of Victims of Human Trafficking – from an NGO Women’s Shelter

Women who escaped from trafficking brokers to HELP
Asian Women’s Shelter (2000 – March 2003)
Nationality 2000

2001

Thai
2
17
Colombia 917
China
MexicoRumania
1
Peru
Costa Rica
Total
11
35
* = 3 of these women were minors

2002
16
7
1
1

2003.1
2003.319*
1

2. Hospitals – even when the victims are in need of
medical care, they are forced to pay all the medical fees
themselves. The women who escape to the shelter have–been exploited and have no money, so the shelter orother supportive services agencies end up paying their
medical fees.
Ex. 1) 2003 – When the Colombian women don’t bringin enough money from customers, the brokers and yakuza
gang rape them. One woman was impregnated thus, but still
forced to take customers even when she was pregnant. She
chose to have an abortion, which was carried out while she
was staying at the shelter.

1
26

2
22

Ex. 2) 2003 – A Thai woman staying at the shelter
suffered extreme abdominal pain and was taken to the emergency room. She was diagnosed with appendicitis but sinceshe did not have any money to pay the medical fees she wasonly given one day’s worth of medication and discharged.
Later she was in so much pain she had to go back to an outpatient clinic. Upon negotiation, the Thai Embassy agreed

1. Police and Immigration - officials do not recognizethat these women have been victimized.
Ex. 1) 2001 – Colombian women escaped from theplace where they were being forced to work and sought assistance and protection at the police station and the immigration office, but were refused help at both places. At last
the Colombian Embassy escorted them to the shelter andprovided the police with information in an effort to arrest
the brokers, but despite the cooperation of the Embassy,
the police were inactive in investigating the case. Not only
were the brokers not arrested, but during the questioningof the women, they were repeatedly subjected to sexual

to pay the fee for additional medication.

3. Government – The national government does notprovide any financial grants or assistance for the NGOs
supporting the victims, and assistance from the Tokyo
Metropolitan Government only covers 2 months worth

harassment at the hands of the police.

of the shelter’s annual operating costs. The victims do
not have any money of their own, so the shelter must

Ex. 2) 2001, 2002 – Colombian women escaped fromtrafficking and forced prostitution, but when they contacted
the police they were told that, “If you escaped before you
prostituted yourself then you can’t be said to be the victim
of forced prostitution, can you? But if you were ready towork even though you don’t have a visa then that’s the real
crime and you’re the one who’s doing criminal and illegal
things.” This was the response they got from the police,
instead of active investigation and arrest of the brokers. The

provide free room and board for them. The government does not cover room and board fees for victims.
Additionally, since the government does not cover repatriation costs, many women are unable to escape fromthe brokers and/or forced to spend months in the shelter until they manage to round up funds on their own.
During this time, the government does not grant themlegal immigrant status or any counseling or other vic-

women were treated as criminals, not victims.

tims’ services.

20

New Japan Women’s Association (NJWA)
Outline of The Organization

the name of “gender equality” and “independence of
women,” with the “structural reform” policies by reducing wages, worsening labor and conditions, and cut-Established in 1962, the New Japan Women’s
Association works for better living conditions, women’s
rights, peace, and international solidarity. It is an indi-ting the expenditures on education and social welfare.

vidual-membership based national organization with themembership of 200,000, and 300,000 subscribers to its- The Fifth Periodic Report makes no reference topeace, despite the earnest desire of the Japanese women.
Being the government of the only atomic bombed coun-weekly newspaper.

try with the Constitution that renounces war, the Japanese government has, under the U.S. thumb, forced

Summary of The Report
On Part I: General Introduction
The Fifth Periodic Report cites a series of statis-

through overseas dispatch of the Self-Defense Forces
and arms build-up. Worse still, it at once expressed its

tical information and legal measures on the implementation of the Convention on the Elimination of All Forms

support to the war on Iraq started by the U.S. and Britain in defiance of the U.N. Charter. It now plans toof Discrimination against Women, but lacks analysis ofand concrete measures to resolve the problems facing

enact contingency bills, and adversely revise the Constitution as well as the Fundamental Law on Education,

women, failing to respond to the concluding observations presented by the Committee on the Elimination ofwith a view to making Japan a war-nation.

Discrimination against Women in 1994. The NJWA
points out four factors on the backward progress in elimi-- In Japan today, forces that glorify Japan’s war of
aggression and aim to revive the traditional family sys-nating discrimination against women in Japan, with regard to the attitude of the Japanese government on the

tem are intensifying attacks on gender-equal education
including sex education, and against municipalities work-

issue.
- Despite women’s demand that the term “gendering on an ordinance to promote gender equality. Lackof the firm attitude on the part of the government to-equality” should be used in naming a basic law for theelimination of discrimination, the Government clung toward such “backlash” has caused great difficulties towomen’s movements and policies on women.

the term “equal participation” instead. However, it uses
the “Basic Law for a Gender-equal Society” as the En-

On Part II: Report by Article
Our alternative report covers all the articles ofglish translation of the law, which is a deception. Since
the establishment of this law, the term “gender equal-

the Convention, but here, due to the space limitations,
we focus on proposals on some specific issues. We de-ity” has disappeared from state documents and policies.

mand that the government should:- Take legislative and other effective measures to- From the viewpoint that respect for the rights

eliminate discrimination immediately through ratification of ILO conventions so as to redress the wage dis-and equality between both sexes are universal values
under any social, economic circumstances, we requested

parity, and by making prohibitive and penal provisions
for indirect discrimination, which are not establishedthe government not to insert the language “...can respond to changes in socioeconomic circumstances“ intoeven in the “revised” equal employment opportunity
law (Article 2, 11);

Article 1 of the Basic Law that stipulates the purpose of
the law, but the Government did not agreed. As we had- Change its attitude of refusing the ratification ofworried, the Government has since pushed ahead, in

21

optional protocols to the CEDAW and other conven-- Take a firm line on “backlash” against gendertions on the ground of concerns about Japan’s judicial
right to be infringed (Article 2,6);

equality and in favor of gender roles (Article 5, 10,12)- Facilitate the enactment of a member bill to facilitate the solution of the war-time forced sexual dam-ficking, inflict strict punishment on procurers, brokers,
and buyers, providing victimized children and womenage, so as to solve the military “comfort women” problem in conformity to the recommendations repeatedly

with sufficient degree of protection (Article 6);- On diversifying forms of prostitution and traf-

issued by the U.N. (Article 2);- Support the health of women throughout theirlives based on the reproductive health/rights, providing- Take measures to ensure human rights and livelihood for the disabled or aged, single mothers, and allsex education from childhood, constant health consultations, and ensuring pregnancy and medical treatment

those socially vulnerable women, instead of imposing
the reduction of pension and welfare in the name offor pregnancy, childbirth and diseases common to
women covered by health insurance (Article 12);“self-reliance” (Article 3, 11, 13);

- Evaluate women’s labor in agriculture and selfowned business, and revise the tax and health insur-- Recognize the removal of the protective measures for women from the Labor Standards Law is inviolation of the Convention, and take measures for dis-ance systems for their advancement (Article 14);- Amend the Civil Code without delay to address

missal regulation and job creation, while ensuring human labor conditions that will allow workers to cope

the issues including surnames of married couples andout-of-marriage children (Article 16).

with both job and family responsibilities (Article 4,11);22

NPO Dispatched Labor Network
Outline of The Organization

Today, dispatched workers are getting theirhourly wages cut and working longer hours in more

President: Mami Nakano, Attorney-at-law. Established in 1991, recognised as an NPO in 2001.

unstable conditions---namely, they are more prone tobe terminated unexpectedly. The situation is worse forMembers consist of corporate and non-corporate
trade unions, temporary workers registered with tem-female dispatched workers than their male counterparts.

porary staff dispatch agencies (referred heretofore as"dispatched workers), non-regular employees of vari-

To prevent this situation from getting even worse,a firm set of rules is necessary to make sure that dis-ous categories, regular employees, lawyers, university
professors and other individuals and organisations.

patched workers receive equal pay and equal treatment
as other employees engaged in the same job in the sameplace of work.

This NPO interfaces with, and advises to, the Ministry of Labor, Health and Welfare, as well as provides

And just as important, a strict ban on sexual dis-consultation and research services concerning dispatchedworkers.

crimination in employment must be enforced not only
on corporations that hire dispatched employes, but also

Summary of The Reporton the agencies that dispatch these people to corporations.

Labor Dispatch. Article 11.1-2(2)Sexual discrimination in the dispatched labour
sector constitutes the biggest barrier to equal employ-

Dispatched workers in predominantly female job
categories work for lower-than-average wages, thus

ment opportunity for all. Temporary staff dispatch agencies must see to it that men and women alike are trained

bringing down the overall average wage level. The wage
gap is widening between female and male dispatchedequally in any type of occupation, irrespective of whether
it was traditionally male-dominated or female-dominated.

workers.
Sexual discrinimation in employment for dispatched workers is closely related to gender-biased per-To rectify the deteriorating earnings by women,a policy of equal treatment of both sexes must be implemented systematically throughout the entire labour mar-sonnel management policies of the companies that hirethem. Although the Labor Dispatch Law and the Equal

ket. At present, the Japanese government has yet to
pay any real attention to the problems being faced by

Employment Opportunity Law were enacted simultaneously, the laws enabled companies to continue prac-dispatched workers. No government policy has been
set to ensure equal treatment of male and female dis-tising sexual discriminaion in employment by establishing a new type of gender-biased personnel management

patched workers.

system that set two separate career tracks for workers.
Under this system, most women were assigned positions subsidiary to those on the "fast track.."And in thecourse of corporate restructuring, many women in thesesubsidiary positions were replaced by dispatched workers.

23

Poste restante, Bunkyo-Kasuga Post Office,1-16-21, Kasuga, Bunkyo-ku, Tokyo 112-003 JAPANTEL&FAX +81-3-3818-5903 vaww-net-japan @ jca.apc.org

Violence Against Women in War - Network, Japan(VAWW-NET Japan)
Outline of the Organisation

vation 2001).

• VAWW-Net Japan was founded in 1998 with the commitment to building a non-militarized world in order to

Nevertheless the Government of Japan has taken noeffective measures to respond to UN directives to date.
As an active member of the United Nations, Japan has
a responsibility to follow UN counsel immediately andsincerely.

eliminate violence against women in war and armed conflicts. Our three areas of concern are: 1)Japan's militarysexual slavery ("comfort women"), 2)sexual violence
around US military bases, and 3)violence against women

3. Both in its fourth and fifth reports, the Governmentof Japan claimed that junior high and high school textbooks have references to this issue. However, out ofeight history textbooks that past screening by the Education and Science Ministry for use in junior high schools
in 2002, only one has reference to the "comfort women"
issue. The other seven have no reference in relation to
the issue.

in current armed conflicts.
• VAWW-NET Japan was on the International Organizing Committee for the "Women's International War
Crimes Tribunal on Japan's Military Sexual Slavery".

Summary of The ReportJapan's military sexual slavery, otherwise known as

4. To date, claims made by survivors in Japanese courts
calling for sincere apology and compensation have been
unsuccessful. Two out of ten lawsuits filed by "comfort
women" victims against the Government of Japan havebeen dismissed finally by the Supreme Court, exhausting local remedies. The other eight have been dismissedby the high and district courts. The present domestic
judiciary system will not work for redress on this issue.

the "comfort women" issue
Related Articles of CEDAWArticle 2 (b) (d) [Policy Measures]
Conclusions
1. The fourth and fifth reports submitted to CEDAW
by the Government of Japan discuss only on the activities of the Asian Women's Fund. Their "atonementmoney" project has virtually come to its end in May
2002. The total number of women who have received
the AWF's "atonement money" amounts to only 285.
Neither the Governments of ROK nor Taiwan havewelcomed the AWF as a solution because it is not an
act of the Government of Japan itself, and both countries are already providing their nationals who are "comfort women" victims with financial support for medicalcare and everyday life.

Recommendations
The government of Japan must provide the following
remedial measures in order to fulfil its responsibility.
1. Acknowledge fully its responsibility and liability forthe establishment of the "comfort" system, and that thissystem was in violation of international law.
2. Issue a full and frank apology, taking legal responsibility and giving guarantees of non-repetition.
3. Compensate the victims and survivors and those entitled to recover as a result of the violations declaredherein through the government and in amounts adequate
to redress the harm and deter its future occurrence.

2. Various UN bodies have made recommendations to
the Government of Japan in regards to the issue of wartime "comfort women", the most comprehensive of
which are: UN Special Rapporteurs (1996 by Radhika
Coomaraswamy and in 1998 by Gay J. MacDougall),Concluding Observations of the Committee on Economic, Social and Cultural rights (Japan. 24/09/2001.
E/C. 12/1/Add.67. paras. 26&53), ILO Reports of theCommittee of Experts on the Application of Conventions and Recommendations, Forced Labour Convention 1930 (Observation 2000, Japan, para.10 & Obser-

4. Establish a mechanism for the thorough investigation
into the system of military sexual slavery, for publicaccess and historical preservation of the materials.
5. Set up education policies to prevent the negligence ofthe historical facts by post-war society and the recurrence of wartime sexual violence, including accurate andmeaningful inclusion in textbooks.

24

Women against Sexist-Ageist Remarks by Governor Ishihara

Outline of the organization
Established in March, 2002. Calling for full apology and retraction of thediscriminatory remarks by the governor of Tokyo ISHIHARA Shintaro: "it'sboth wasteful and sinful for women to live beyond menopause". The groupalso serves as the secretariat for the lawsuit claiming apologies and compensation from ISHIHARA Shintaro.

Summary of The Report
Related articles of CEDAW Article 2 (d)Discriminatory acts or practices by public authorities

・ Discriminatory remarks by a public authority whose
obligation is to actively implement the Convention may
aggravate discrimination and violence against women.
・ Having signed the Convention, the government of Japan
has a responsibility to take appropriate measures toward
retraction of discriminatory remarks, full apology, andprevention of recurrence, and to supervise local govern‑ments to comply with the Convention.

25

Working Women’s International Network
the Sumitomo Electric Case that, “the separate hiring
tracks for men and women is against the objectives of

Outline of Organization
NGO working for the improvement of the status

Article 14 of the Constitution, but cannot be said toviolate public order and good morals in the cases forof working women, while supporting the Sumitomo
Cases plaintiffs

women hired around 1965-1975. There is a notable difference in wages between men and women, but theSummary of The Report

difference arises from the differences in pay raise andpromotion based on hiring categories, and is not sex

On Article 11 of CEDAW
9 years ago in 1994, WWIN submitted a report (Adiscrimination. For women hired before the enactmentof the Equal Employment Opportunity Law, the Law

Letter from Japanese Women Circle ) at the time of theconsideration of the Japanese government report at

does not apply retroactively, therefore, there is no responsibility to correct the difference.” The decision dis-

CEDAW, regarding the sex discrimination in companies. Following the consideration, CEDAW issued thefollowing concluding observations in 1995.

missed all arguments by the plaintiffs, who are now
appealing at the Osaka Appeals Court. The plaintiffs of

The Committee noted further with interest that,
despite the introduction of the Equal Employment Op-

the Sumitomo Chemicals also lost their case in March
2001.

portunity Law, individual discrimination continues.

WWN’s recommendation towards CEDAW in
realizing gender equality

The Government of Japan should ensure that theprivate sector complies with the provisions of the Equal
Employment Opportunity Law and report on the mea-

(1) Include an explicit provision prohibiting indirect discrimination in the Equal Employment
Opportunity Law

sures taken to address the indirect discrimination faced
by women, both in terms of promotion and wages in(2) Include an explicit provision prohibiting indi-

the private sector.

rect discrimination in the Basic Law for a Gender Equal Society

The Japanese government, however, has not taken
any effective steps, and the elimination of sex discrimi-(3) Make fundamental amendments to the new
guideline under the amended Equal Employment Opportunity Law, including abolishingnation in Japan has not made much progress. In 1994,
women employed by 3 manufacturers of the Sumitomo

the provision regarding “within each employ-

corporate group applied to the Osaka Women and Young
Workers’ Office for mediation under the Equal Em-

ment management category.” The new guideline stipulates that existence of discriminatory

ployment Opportunity Law for the correction of wage
discrimination between men and women. In the end,

treatment should be decided within each employment management category, allowing companies to maintain their track-based employ-the 9 women employed by the 3 Sumitomo manufacturers were compelled to file suit in August 1995. In thement management, which leads to sex discrimi-

Sumitomo Electric Case, the plaintiffs also sued the government for violating the CEDAW by the failure of thenation.
(4) Include an explicit provision for the principle

Osaka Women and Young Workers’ Office to start mediation under the Equal Employment Opportunity Law.

of equal pay for work of equal value in the
Labour Standards Law(5) Faithfully implement CEDAW, ILO Convention

In July 2000, the Osaka District Court decided in

No. 100 and other international treaties

26

(6) Ratify the Optional Protocol to CEDAW as
early as possible(7) Ratify ILO Convention No. 111 as early as possible(8) Conduct education programs regarding gender and international law for members of the
judiciary including judges, prosecutors, lawyers, family court mediators, etc.

27