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Japan needs to move on human rights protection

In Japan today, most of the human rights violations occur are with regards to discrimination against people of Buraku origin, the Ainu people and foreign residents; xenophobia; child abuse; domestic violence and discrimination based on disabilities. There are also reported violations by public authorities such as abuses in prisons, immigration detention facilities and police cells.

The Democratic Party of Japan ended the Liberal Democratic Party’s half-century dominance of the government in its landslide victory on Aug 30, 2009. In its manifesto, the new Prime Minister Yukio Hatoyama spelled out significant human rights commitments both at home and abroad. The appointment of Keiko Chiba, a prominent advocate in the abolition of death penalty as the Minister of Justice is expected to bring a progressive agenda to the institutional reform.

Among the pledges was the establishment of a national human rights institution. The creation of a Japanese national human rights institution just like other institutions in the region will become an indispensable bridge between the country’s human rights protection system and the community. More than 100 states in the world have now created a national human rights institution of which15 are in the Asia-Pacific region.

Japan is already a party to the major international human rights treaties and is now committed to signing additional protocols. Steps such as these would fulfil many of the recommendations made to Japan over the years by various UN mechanisms, including the Human Rights Council’s Universal Periodic Review (UPR) that allows all 192 UN member states to have their human rights record examined by their peers.

Japan was evaluated under the UPR in 2008, and received 26 recommendations, of which it accepted 14 including the establishment of a national human rights institution. Currently, there is no national human rights institution in Japan that is independent from the government. All that exists is the Human Rights Bureau of the Ministry of Justice. The Bureau covers human rights promotion, human rights counseling, investigation and resolution of human rights infringement cases, and the civil legal aid system.

It employs about 250 people, who, except for 15-20 full-time staff, hold other posts at the same time.

The Ministry of Justice drafted a Human Rights Protection Bill and submitted it to the Diet in March 8, 2002. The bill includes the establishment of a national human rights institution. The bill, however, has met strong objections from various sectors; not only from its own members of the legislature but also from the civil society groups. The Japanese legislature was forced as a result to postpone the early enactment of the bill into law.

Generally, the human rights groups feel that the bill has failed to achieve the requirements set by the Paris Principles.

Among the issues raised:

  • The definition of human rights violation is unclear and might infringe other rights protected by the Constitution;

  • The independence and ability of the institution would be undermined because it is subject to the jurisdiction of the Minister of Justice with the existing Human Rights Bureau as the secretariat;
  • There are provisions in the Bill which might deter investigation and reporting by the media;
  • Unclear selection process of the Civil Liberties Volunteers who would engage in providing remedies to the violations. Civil Liberties Volunteers will only be able to provide advice and conduct general inquiries, but will not have any authority for special investigations;
  • Only one central office will be established, and its members are expected to act on human rights issues from all over the country.
  • The Bill although representing a first step towards a new system of human rights protection law in Japan, however, is not in line with the requirements set by the Paris Principles, and therefore requires drastic amendments.

    As one of the 47 members in the UN Human Rights Council, Japan is apparently a significant player for the Asia Pacific region as it has the potential of being a leader in the cultivation of a human rights culture along with other national human rights institutions in the region. There is indeed urgency for the Japanese government to set a clear time line and stages for the process of the establishment of such institution.

    Progress on these issues will indicate the degree to which Japan’s new governors are willing to expand political capital on poorly understood measures related to human rights protection.

    The idea of an independent national human rights institution has been around for a long time.

    However, just like what a Japanese friend of mine recently told me, thus far, the government’s promise remains as promise. However he is hopeful that Chiba’s Sept 16 declaration to establish a human rights commission will be the first step to help build a society that respects human rights and a judicial system that is close to the people.

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