United Nations

International Convention on
the Elimination of All Formsof Racial Discrimination

CERD/C/JPN/CO/3-6
Distr.: General
6 April 2010
Original: English

Committee on the Elimination of Racial Discrimination
Seventy-sixth session
15 February – 12 March 2010

Consideration of reports submitted by States parties
under article 9 of the Convention
Concluding observations of the Committee on
the Elimination of Racial Discrimination
Japan
1.
The Committee considered the combined third to sixth reports of Japan(CERD/C/JPN/3-6) at its 1988th and 1989th meetings (CERD/C/SR.1988 and
CERD/C/SR.1989), held on 24th and 25th February 2010. At its 2004th meeting(CERD/C/SR.2004), held on 9 March 2010, it adopted the following concluding
observations.

A.

Introduction
2.
The Committee welcomes the submission of the third to sixth periodic reports by theState party. It expresses its appreciation for the constructive dialogue held with the largedelegation, the written replies provided to the list of issues (CERD/C/JPN/Q/6) and the oral
replies to the questions posed by Committee members, which together provided further
insights into the implementation of the rights in the Convention. Noting that the State party
report was considerably overdue, the Committee requests the State party to be mindful ofthe deadline set for the submission of future reports in order to meet its obligations under
the Convention.

B.

Positive aspects
3.
The Committee notes with interest the State party’s pilot resettlement programme
for Myanmar refugees (2010).
4.
The Committee welcomes the support of the State party to the United Nations
Declaration on the Rights of Indigenous Peoples (September 2007).

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5.
The Committee congratulates the State party for the recognition of the Ainu people
as an indigenous people (2008) and notes with interest the creation of the Council for Ainu
Policy (2009).
6.
The Committee notes with appreciation the adoption of regulations against illegal
and harmful information on the Internet, including the revised Guidelines for Defamation
and Privacy (2004), the Provider Liability Limitation Law (2002) and the Model Provision
for Contracts related to Actions against Illegal and Harmful Information (2006).

C.

Concerns and recommendations
7.
The Committee notes with concern that insufficient information regarding theconcrete measures for the implementation of its previous concluding observations(CERD/C/304/Add.114) was provided by the State party and regrets their overall limited
implementation and that of the Convention as a whole.
The State party is encouraged to comply with all recommendations anddecisions addressed to it by the Committee and to take all necessary steps toensure that national legal provisions further the effective implementation of theConvention.
8.
While noting existing national and local provisions guaranteeing equality before thelaw, including article 14 of the Constitution, the Committee highlights that the grounds of
discrimination in article 1 of the Convention are not fully covered. Further, while theCommittee regrets the State party’s interpretation of racial discrimination based on descent,
it is encouraged by information on steps taken by the State party in the spirit of theConvention to prevent and eliminate discrimination against Burakumin (art. 1).
The Committee maintains the position expressed in its general recommendation
No. 29 (2002) “that the term ‘descent’ … has a meaning and application which
complement the other prohibited grounds of discrimination” and “thatdiscrimination based on ‘descent’ includes discrimination against members ofcommunities based on forms of social stratification … and analogous systems ofinherited status which nullify or impair their equal enjoyment of humanrights.” Moreover, the Committee reaffirms that the term "descent" in article 1,
paragraph 1, of the Convention does not solely refer to "race" and that
discrimination on the ground of descent is fully covered by article 1 of theConvention. The Committee, therefore, urges the State party to adopt acomprehensive definition of racial discrimination in conformity with theConvention.
9.
The Committee notes the view expressed by the State party that a national antidiscrimination law is not necessary and is concerned about the consequent inability of
individuals or groups to seek legal redress for discrimination (art. 2).
The Committee reiterates the recommendation contained in its previous
concluding observations (para. 10) and urges the State party to consider
adopting specific legislation to outlaw direct and indirect racial discrimination,in accordance with article 1 of the Convention, and to cover all rights protectedby the Convention. It also encourages the State party to ensure that law
enforcement officials approached with complaints of racial discrimination haveadequate expertise and authority to deal with offenders and to protect victimsof discrimination.
10.
While noting with interest that the State party held consultations and informal
hearings with non-governmental organizations and other groups in the drafting of the report,

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the Committee regrets the limited opportunities for collection and exchange of information
with such organizations and groups.
The Committee notes the positive contributions made in the field of humanrights and the role played by non-governmental organizations (NGOs) in Japanand encourages the State party to ensure the effective participation of NGOs in
the consultation process during the preparation of the next periodic report.
11.
The Committee notes the information provided by the State party on thecomposition of the population but regrets that the available body of data does not allow foran adequate understanding and assessment of the situation of vulnerable groups in the State
party.
The Committee, in accordance with paragraphs 10 and 12 of its revised
reporting guidelines (CERD/C/2007/1) as well as its general recommendations
No. 8 (1990) on the interpretation of article 1 of the Convention and No. 30(2004) on discrimination against non-citizens, recommends that the State party
conduct research into languages commonly spoken, mother tongue or otherindicators of diversity of the population together with information from social
surveys, on the basis of voluntary self-identification, with full respect for theprivacy and anonymity of the individuals concerned, in order to evaluate thecomposition and situation of groups within the definition of article 1 of theConvention. The Committee further encourages the State party to provide
updated disaggregated data on the non-citizen population in its next periodic
report.
12.
While taking account of the commitment of the State party to consider theestablishment of a national human rights institution in accordance with the Paris Principles(General Assembly resolution 48/134), the Committee regrets the repeal of the proposed
Human Rights Protection Bill, which included provisions for the establishment of a humanrights commission, as well as the delays and overall absence of concrete actions and timeframe for the establishment of an independent national human rights institution. The
Committee also notes with concern the lack of a comprehensive and effective complaints
mechanism (art. 2).
The Committee encourages the State party to draft and adopt a human rights
protection bill and promptly establish a legal complaints mechanism. It also
urges the establishment of a well-financed and adequately staffed independent
human rights institution, in compliance with the Paris Principles, with a broad
human rights mandate and a specific mandate to address contemporary formsof discrimination.
13.
While noting the explanations provided by the State party, the Committee isconcerned over the reservations of the State party to articles 4 (a) and (b) of the Convention.
The Committee also notes with concern the continued incidence of explicit and crudestatements and actions against groups, including children attending Korean schools, and theharmful and racist expressions and attacks via the Internet directed, in particular, against
Burakumin (art. 4 (a) and b)).
The Committee reiterates its view that the prohibition of the dissemination ofideas based upon racial superiority or hatred is compatible with freedom of
opinion and expression and, in this respect, encourages the State party to
examine the need to maintain its reservations to article 4 (a) and (b) of theConvention with a view to reducing their scope and preferably theirwithdrawal. The Committee recalls that the exercise of the right to freedom of
expression carries with it special duties and responsibilities, in particular the
obligation not to disseminate racist ideas, and calls upon the State party once
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again to take into account the Committee’s general recommendations No. 7(1985) and No. 15 (1993), according to which article 4 is of mandatory nature,
given the non-self-executing character of its provisions. It recommends that theState party:(a)Remedy the absence of legislation to give full effect to theprovisions against discrimination under article 4;(b)
Ensure that relevant constitutional, civil and criminal law
provisions are effectively implemented, including through additional steps toaddress hateful and racist manifestations by, inter alia, stepping up efforts toinvestigate them and punish those involved;(c)Increase sensitization and awareness-raising campaigns against
the dissemination of racist ideas and to prevent racially motivated offences
including hate speech and racist propaganda on the Internet.
14.
While noting the measures being taken by the State party to provide human rights
education to public officials, the Committee reiterates its concern from previous concluding
observations (para. 13) that discriminatory statements by public officials persist and regrets
the absence of administrative or legal action taken by the authorities in this regard, in
violation of article 4 (c) of the Convention. It is further concerned that the existing laws on
defamation, insult and intimidation making statements punishable are not specific to racial
discrimination and only apply in case of injury to specific individuals (arts. 4 (c) and 6).
The Committee reiterates its recommendation that the State party strongly
condemn and oppose any statement by public officials, national or local, which
tolerates or incites racial discrimination and that it intensify its efforts topromote human rights awareness among politicians and public officials. It also
recommends with urgency that the State party enact a law that directly
prohibits racist and xenophobic statements, and guarantees access to effective
protection and remedies against racial discrimination through competent
national courts. The Committee also recommends that the State party
undertake the necessary measures to prevent such incidents in the future and toprovide relevant human rights education, including specifically on racial
discrimination, to all civil servants, law enforcement officers andadministrators as well as the general population.
15.
Noting that family court mediators do not have any public decision-making powers,
the Committee expresses concern over the fact that qualified non-nationals are not able toparticipate as mediators in dispute settlement. It also notes that no data was provided
regarding the participation of non-nationals in public life (art. 5).
The Committee recommends that the State party review its position so as toallow competent non-nationals recommended as candidates for mediation towork in family courts. It also recommends that it provide information on theright to participation of non-nationals in public life in its next report.
16.
While noting with interest the increasing number of non-Japanese residents in theState party, including those applying for naturalization, the Committee reiterates the viewexpressed in its previous concluding observations (para. 18) that the name of an individual
is a fundamental aspect of cultural and ethnic identity that must be respected. In this regard,
the Committee expresses its concern that for naturalization purposes, applicants continue tochange their names out of fear of discrimination rather than as acts of free choice (art. 5).
The Committee recommends that the State party develop an approach where
the identity of non-Japanese nationals seeking naturalization is respected andthat officials, application forms and publications dealing with the4

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naturalization process refrain from using language that persuades applicants toadopt Japanese names and characters for fear of disadvantages ordiscrimination.
17.
While noting the revised Act for the Prevention of Spousal Violence and Protectionof Victims (2007) to extend protection to victims regardless of nationality and strengthen
the role of local governments, the Committee notes with concern the obstacles to accesscomplaints mechanisms and protection services faced by women victims of domestic andsexual violence. It notes with particular concern that changes to the Immigration Control
Act (2009) pose difficulties for foreign women suffering domestic violence. It also regrets
the lack of information and data provided about the incidence of violence against women(art. 5).
In the light of its general recommendation No. 25 (2000) on gender-related
dimensions of racial discrimination, the Committee recommends that the State
party adopt all necessary measures to address phenomena of double
discrimination, in particular regarding women and children from vulnerable
groups. It also reiterates its previous recommendation (para. 22) that the State
party collect data and conduct research on the measures to prevent genderrelated racial discrimination, including exposure to violence.
18.
While acknowledging the position of the State party on the family registration
system and noting the legislative changes made to protect personal information (2008), theCommittee reiterates its concern about the difficulties in the system and that invasion ofprivacy, mainly of Burakumin, continues (arts. 2 and 5).
The Committee recommends the enacting of a stricter law, with punitive
measures, prohibiting use of the family registration system for discriminatory
purposes, particularly in the fields of employment, marriage and housing, toeffectively protect the privacy of individuals.
19.
Noting with interest the recognition by the State party of discrimination against
Burakumin as a social problem and the achievements of the Dowa Special Measures Law,
the Committee is concerned that the following conditions agreed between the State party
and Buraku organizations upon termination of the Dowa Special Measures in 2002 have notbeen fulfilled to date: full implementation of the Convention; the enactment of a law onhuman rights protection; and a law on the promotion of human rights education. The
Committee regrets that there is no public authority specifically mandated to deal with
Burakumin discrimination cases and notes the absence of a uniform concept used by theState party when dealing with or referring to Burakumin and policies. Further, theCommittee notes with concern that although socio-economic gaps between Burakumin andothers have narrowed for some Burakumin, e.g. in the physical living environment andeducation, discrimination remains in areas of public life such as employment, marriage,
housing and land values. It further regrets the lack of indicators to measure progress in thesituation of Burakumin (arts. 2 and 5).
The Committee recommends that the State party:(a)Assign a specific government agency or committee mandated todeal with Buraku issues;(b)
Fulfil the commitments made upon the termination of the Special
Measures Law;(c)Engage in consultation with relevant persons to adopt a clear anduniform definition of Burakumin;

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CERD/C/JPN/CO/3-6(d)Supplement programmes for the improvement of living conditionsof Burakumin with human rights education and awareness-raising efforts
engaging the general public, particularly in areas housing Buraku
communities;(e)
Provide statistical indicators reflecting the situation and progressof the above-mentioned measures;(f)
Take into account general recommendation No. 32 (2009) on
special measures, including the recommendation that special measures are to
be terminated when equality between the beneficiary groups and others has
been sustainably achieved.
20.
While welcoming the recognition of the Ainu as an indigenous people and notingwith interest measures reflecting the commitment of the State party, including theestablishment of a working group to set up a symbolic public facility and of another to
conduct a survey on the status of Ainu outside of Hokkaido, the Committee expresses its
concern about:(a)
The insufficient representation of Ainu people in consultation forums and in
the Advisory Panel of Eminent Persons;(b)
The absence of any national survey on the development of the rights of Ainu
people and improvement of their social position in Hokkaido;(c)
The limited progress so far towards implementing the United Nations
Declaration on the Rights of Indigenous Peoples (arts. 2 and 5).
The Committee recommends that further steps be taken in conjunction with
Ainu representatives to translate consultations into policies and programmeswith clear and targeted action plans that address Ainu rights and that theparticipation of Ainu representatives in consultations be increased. It also
recommends that the State party, in consultation with Ainu representatives,
consider the establishment of a third working group with the purpose of
examining and implementing international commitments such as the United
Nations Declaration on the Rights of Indigenous Peoples. It urges the State
party to carry out a national survey of living conditions of Ainu in Hokkaido
and recommends that the State party take into account the Committee’s
general recommendation No. 23 (1997). The Committee further recommends
that the State party consider ratifying the International Labour Organization
Convention No. 169 (1989) concerning Indigenous and Tribal Peoples in
Independent Countries.
21.
While highlighting that UNESCO has recognized a number of Ryukyu languages(2009), as well as the Okinawans’ unique ethnicity, history, culture and traditions, theCommittee regrets the approach of the State party to accord due recognition to the
distinctness of Okinawa and expresses its concern about the persistent discrimination
suffered by the people of Okinawa. It further reiterates the analysis of the Special
Rapporteur on contemporary forms of racism that the disproportionate concentration of
military bases on Okinawa has a negative impact on residents’ enjoyment of economic,
social and cultural rights (arts. 2 and 5).
The Committee encourages the State party to engage in wide consultations with
Okinawan representatives with a view to monitoring discrimination suffered by
Okinawans, in order to promote their rights and establish appropriate
protection measures and policies.

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22.
The Committee notes with appreciation the efforts made by the State party tofacilitate education for minority groups, including bilingual counsellors and enrolment
guidebooks in seven languages, but regrets the lack of information on the implementationof concrete programmes to overcome racism in the education system. Moreover, theCommittee expresses concern about acts that have discriminatory effects on children’s
education including:(a)
The lack of adequate opportunities for Ainu children or children of othernational groups to receive instruction in or of their language;(b)
The fact that the principle of compulsory education is not fully applied tochildren of foreigners in the State party in conformity with article 5 (e) (v) of theConvention; article 28 of the Convention on the Rights of the Child; and article 13,
paragraph 2, of the international Covenant on Economic, Social and Cultural Rights, towhich Japan is a party;(c)
Obstacles in connection withequivalencies and entry into higher education;schoolaccreditationandcurricular(d)
The differential treatment of schools for foreigners and descendants of
Korean and Chinese residing in the State party, with regard to public assistance, subsidies
and tax exemptions;(e)
The approach of some politicians suggesting the exclusion of North Korean
schools from current proposals for legislative change in the State party to make high school
education tuition free of charge in public and private high schools, technical colleges andvarious institutions with comparable high school curricula (arts. 2 and 5).
The Committee, in the light of its general recommendation No. 30 (2004) on
discrimination against non-citizens, recommends that the State party ensurethat there is no discrimination in the provision of educational opportunities andthat no child residing in the territory of the State party faces obstacles inconnection with school enrolment and the achievement of compulsory
education. In this regard, it also recommends that a study on the multitude ofschool systems for foreigners and the preference for alternative regimes set up
outside of the national public school system be carried out by the State party.
The Committee encourages the State party to consider providing adequate
opportunities for minority groups to receive instruction in or of their language
and invites the State party to consider acceding to the UNESCO Convention
against Discrimination in Education.
23.
The Committee notes with appreciation progress on the process of refugee statusdetermination, but reiterates its concern that, according to some reports, different,
preferential standards apply to asylum-seekers from certain countries and that asylumseekers with different origins and in need of international protection have been forcibly
returned to situations of risk. The Committee also expresses its concern over the problems
recognized by refugees themselves including lack of proper access to asylum information,
understanding about procedures, language/communication questions, and cultural
disjunctions, including a lack of understanding by the public of refugee issues (arts. 2
and 5).
The Committee reiterates its recommendation that the State party take thenecessary measures to ensure standardized asylum procedures and equal
entitlement to public services by all refugees. In this context, it also
recommends that the State party ensure that all asylum-seekers have the right,
inter alia, to an adequate standard of living and medical care. The Committee
also urges the State party to ensure, in accordance with article 5 (b), that no7

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person will be forcibly returned to a country where there are substantial
grounds for believing that his/her life or health may be put at risk. The
Committee recommends that the State party seek cooperation with the Office of
the United Nations High Commissioner for Refugees in this regard.
24.
The Committee expresses its concern about cases of difficulty in relations between
Japanese and non-Japanese and, in particular, cases of race and nationality-based refusals of
the right of access to places and services intended for use by the general public, such as
restaurants, family public bathhouses, stores and hotels, in violation of article 5 (f) of theConvention (arts. 2 and 5).
The Committee recommends that the State party counter this generalized
attitude through educational activities directed to the population as a whole
and that it adopt a national law making illegal the refusal of entry to places
open to the public.
25.
The Committee is concerned that insufficient steps have been taken by the State
party to revise textbooks with a view to conveying an accurate message regarding thecontribution of groups protected under the Convention to Japanese society (art. 5).
The Committee recommends that the State party carry out a revision ofexisting textbooks to better reflect the culture and history of minorities and thatit encourage books and other publications about the history and culture ofminorities, including in the languages spoken by them. It particularly
encourages the State party to support teaching in and of the Ainu and Ryukyu
languages in compulsory education.
26.
While noting the measures to combat racial prejudices taken by the State party, suchas setting up human rights counselling offices and human rights education and promotion,
the Committee remains concerned at the lack of concrete information about the media andthe integration of human rights in broadcasting of television and radio programmes (art. 7).
The Committee recommends that the State party intensify public education andawareness-raising campaigns, incorporating educational objectives of tolerance
and respect, and ensuring adequate media representation of issues concerningvulnerable groups, both national and non-national, with a view to eliminating
racial discrimination. The Committee also recommends that the State party
pay particular attention to the role of the media in improving human rights
education and that it strengthen measures to combat racial prejudice that leads
to racial discrimination in the media and in the press. In addition, it
recommends education and training for journalists and people working in the
media sector to increase awareness of racial discrimination.
27.
Bearing in mind the indivisibility of all human rights, the Committee encourages theState party to consider ratifying those international human rights treaties which it has not
yet ratified, in particular treaties the provisions of which have a direct bearing on thesubject of racial discrimination, such as the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families (1990), ILO Convention
No. 111 (1958) on Discrimination in Employment and Occupation, the Convention relating
to the Status of Stateless Persons, the Convention on the Reduction of Statelessness and theConvention on Prevention and Punishment of Crime of Genocide.
28.
In the light of its general recommendation No. 33 (2009) on follow-up to the Durban
Review Conference, the Committee recommends that the State party give effect to the
Durban Declaration and Programme of Action, adopted in September 2001 by the World
Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance,
taking into account the Outcome Document of the Durban Review Conference, held in

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Geneva in April 2009, when implementing the Convention in its domestic legal order. The
Committee requests that the State party include in its next periodic report specificinformation on action plans and other measures taken to implement the Durban Declaration
and Programme of Action at the national level.
29.
The Committee encourages the State party to consider making the optional
declaration provided for in article 14 of the Convention recognizing the competence of theCommittee to receive and consider individual complaints.
30.
While noting the position of the State party, the Committee recommends that theState Party ratify the amendments to article 8, paragraph 6, of the Convention adopted on
15 January 1992 at the Fourteenth Meeting of States Parties and approved by the General
Assembly in its resolution 47/111. In this connection, the Committee recalls General
Assembly resolutions 61/148 and 62/243, in which the Assembly strongly urged States
parties to the Convention to accelerate their domestic ratification procedures with regard to
the amendment and to notify the Secretary-General expeditiously in writing of theiragreement to the amendment.
31.
The Committee recommends that the reports of the State party be made readily
available and accessible to the public at the time of their submission, and that theobservations of the Committee with respect to these reports be similarly publicized in theofficial and other commonly used languages, as appropriate.
32.
Noting that the State party submitted its Core Document in 2000
(HRI/CORE/1/Add.111), the Committee encourages the State party to submit an updated
version, in accordance with the harmonized guidelines on reporting under the international
human rights treaties, in particular those on the common core document, as adopted by thefifth inter-Committee meeting of the human rights treaty bodies, held in June 2006
(HRI/MC/2006/3).
33.
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 the present conclusions, on its follow-up to therecommendations contained in paragraphs 12, 20 and 21 above.
34.
The Committee also wishes to draw the attention of the State party to the particularimportance of recommendations contained in paragraphs 19, 22 and 24 and requests that
the State party provide detailed information in its next periodic report on concrete measurestaken to implement these recommendations.
35.
The Committee recommends that the State party submit its seventh, eight and ninth
periodic reports, due on 14 January 2013, taking into account the guidelines for the CERDspecific document adopted by the Committee during its seventy-first session(CERD/C/2007/1), and that it address all points raised in the present concluding
observations.

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