COMMITTEE EXPERTS, NOTING IMPORTANT PROGRESS IN JAPAN’S LEGAL FRAMEWORK, WELCOME NEW LEGISLATION TO FOSTER GENDER EQUALITY

Committee on Elimination of
Discrimination against Women
8 July 2003
617th & 618th Meeting (AM & PM)
Revision 1*


Acknowledging important progress in Japan’s legal framework, expert members of the Committee that monitors compliance with the Convention on the Elimination of All Forms of Discrimination against Women also noted that the pace of change for women in Japan, one of the richest countries in the world, had been frustratingly slow, as it considered the situation of women in that country in two meetings today.

Comprised of 23 members acting in their personal capacities, the Committee on the Elimination of Discrimination against Women monitors compliance with the Convention. It was considering Japan’s fourth and fifth periodic reports today.

Experts welcomed the enactment of new legislation in Japan, including the Basic Law on a Gender-equal Society, the law on the prevention of spousal abuse and revisions to the Equal Employment Opportunities Law. A renowned economic power and generous international donor, Japan had been rather rigid, however, in its embrace of change as compared to other highly industrialized countries.

Japanese women, notably younger women, had changed in the last decade, aspiring to greater levels of autonomy, according to the experts. They often encountered strong resistance, however, in reaching higher levels of decision-making positions. In that regard, one expert expressed surprise that Japan could make such technological advances but had been unable to apply such change to advance the situation of women.

Noting that the Convention envisioned immediate legal and practical implementation of its provisions, one expert expressed astonishment that only in the year 2000 had the Government started to study the phenomenon of indirect discrimination. [Japan ratified the Convention in 1985.] It seemed that the Government was not fully aware of the scope and pace of attitude changes in the country.

Rather than its current “cautious approach” to temporary special measures, the Government should take a more proactive approach, an expert said. Given the Government’s robust collaboration and interaction with civil society, the Committee should be able to expect much progress in the coming years.

Describing persistent negative stereotypes of women as one of the underlying reasons for the low levels of women’s representation in decision-making positions, experts stressed the importance of sensitizing and training public officials and members of the judiciary to eliminate gender-biased stereotypes.

Responding to expert’s comments, Mariko Bando, Director-General, Gender Equality Bureau of Japan’s Cabinet Office, said those who worked to advance gender equality sometimes shared the frustration that Japan was not adequately keeping pace with changes in society. Since ratifying the Convention, Japan, albeit at a slow pace, had made advances towards a gender-equal society. A large number of laws had been enacted, and the Equal Employment Opportunity Law had also been strengthened. The crux of the matter was that the laws had not resulted in tangible results. The enactment of laws would not change the current reality overnight.

Other issues raised during the meeting today included the wage gap between men and women; the large number of women involved in part-time work; multiple forms of discrimination suffered by minority women and the need for adequate measures to care for Japan’s elderly female population given the extremely long life expectancy rate.

The Committee will meet again tomorrow, 9 July, at 10 a.m. to hear replies from Costa Rica in response to questions posed by experts last week.


Background

The Committee on the Elimination of Discrimination against Women is scheduled to take up the fourth and fifth periodic reports of Japan today. Composed of 23 experts serving in their personal capacities, the Committee monitors the implementation of the Convention on the Elimination of All Forms of Discrimination against Women.

The fourth periodic report of Japan (document CEDAW/C/JPN/4) covers developments in Japan’s implementation of the Convention from 1994 to 1998. Japan ratified the Convention in 1985. As of 1996, women accounted for half of Japan’s population. With some of the highest life expectancies in the world, Japan has an extraordinarily aged society. In 1996, the average life expectancy was about 83 for women and 77 for men.

During the period covered by the fifth periodic report (CEDAW/C/JPN/5), namely 1998 to 2002, life expectancy continued to increase while total fertility rates declined. One of the main reasons for the declining birth rate is the trend to marry later in life. On average, women marry in their late twenties and the percentage of unmarried women in their thirties is increasing. Japan has the highest life expectancy in the world, namely 84.6 years for women and 77.7 years for men. The elderly population (the population aged 65 and above) comprised some 22 million, and the aging rate (the proportion of elderly population to total population) stood at about 17 per cent. Of that number, women accounted for some 13 million. Given the declining birth rate and the extension of the average life expectancy, a rapid conversion in the population demographic is expected to take place.

Concerning education and employment, the percentage of girls advancing to universities and junior colleges is increasing, the report notes. Some 33 per cent of girls and 47 per cent of boys advance to the university level. In 2000, the women’s labour force was some 27.5 million, representing a decrease over two years. Women account for 40.7 per cent of the total labour force. About 1.23 million of the women’s labour force was unemployed, resulting in an unemployment rate of some 4.5 per cent. The wage difference between men and women is high, with women earning some 65.5 per cent of the pay earned by their male colleagues. Reasons for the wage gap include length of service, academic background, working hours and rank at work. The number of part-time workers has increased in recent years. In 2001, women part-time workers accounted for about 69 per cent of the total number of part-time workers. While the number of women in the labour force has increased, women still do most of the housework.

Regarding Japan’s national machinery for the advancement of women, the report says that as part of the administrative reform of the central Government in 2001, the Cabinet Office was established as the administrative body responsible for carrying out planning and overall coordination of policies among the various ministries. The Cabinet Office is responsible for the formation of a gender-equal society. In the midst of the reform, which was essentially aimed at downsizing the entire Government, the “Council for Gender Equality” and the “Gender Equality Bureau” were established within the Cabinet Office, thereby reinforcing Japan’s national machinery.

Japan’s Constitution stipulates respect for the individual and equality between the sexes, the report says. Steady progress has been made through legislative efforts towards the realization of gender-equality in line with developments in the international community. Given the need for a comprehensive framework to advance gender-equality, the Government drafted the “Basic Law for a Gender-equal Society”. That law, which was promulgated in 1999, stipulates the roles of the State, local governments and citizens in their respective responsibilities in the formation of a gender-equal society. According to the law, the Government is responsible for formulating the “Basic Plan for Gender Equality” -- the central framework for the comprehensive and systematic promotion of the formation of a gender-equal society. Taking into account the Government’s Basic Plan, prefectures are also obliged to create their own plans.

The “Basic Law for a Gender-equal Society” was a milestone in the history of the formation of a gender-equal society in Japan, the report states. As the first plan under the Basic Law, in 2000 the Cabinet adopted the “Basic Plan for Gender Equality”. The Basic Plan includes 11 objectives, including expanded women’s participation in policy decision-making, equal opportunities and treatment in employment, efforts to support women in managing their work and family life, the elimination of all forms of violence against women and support for lifelong health for women. At the local level, the Basic Law stipulates that each prefecture must formulate a Prefectural Plan for Gender Equality. Municipalities are also encouraged to formulate Municipal Plans for Gender Equality. As of April 2001, every prefecture had formulated a plan.

According to the report, the human rights organs of the Ministry of Justice have actively addressed human rights problems relating to women, such as spousal or partner abuse and sexual harassment in the workplace. To improve the human rights counselling system, in 2000 a counselling hotline, called the “Women’s Rights Hotline” was established. In receiving human rights inquiries, the human rights organs try to resolve the problems of the callers, including by conducting prompt investigations. In 2002, the Government submitted the Human Rights Protection Bill to the Diet in order to introduce a drastic reform of the current human rights protection system. The Bill prohibits human rights violations such as gender discrimination and sexual harassment. It also provides for the establishment of the human rights commission, an independent administrative commission, and a new human rights remedy system to provide prompt redress for and prevention of damages caused by human rights violations.

Regarding the legal system to protect women from violence, the report states that laws punishing violence against women include those addressing murder, lethal assault, battery, intimidation and indecent assault. Formerly, rape, indecent assault and other sexual crimes had the same period of complaint as other crimes, namely six months after the criminal was identified. In 2000, the “Law to Amend the Civil Procedures Law and Inquest for Prosecution Law” eliminated the complaint period concerning sexual crimes. To alleviate the mental burden of victimized women who testify in front of a defendant at a public trial, the law introduced a system that allows for qualified personnel to be with the victim during the testimony and physically separate a witness from a defendant.

On women’s participation in decision-making, the report notes that the Revised Equal Employment Opportunity Law, which came into effect in 1999, stipulates that the Government may offer support to private corporations applying positive action to eliminate the existing gap between men and women workers. The Positive Action Promotion Council was established in 2001 to promote positive action in corporations.

On the issue of prostitution, the report says that laws regulating prostitution-related crimes include the Anti-Prostitution Law, the Child Welfare Law and the Employment Security Law. Regarding prostitution by non-Japanese women, the report says that non-Japanese women enter Japan with “temporary visitor” or “entertainer” status and are forced into prostitution by brokers and owners of entertainment businesses. Burdened with outrageous fees and interest rates as a cost for illegal immigration, their passports are confiscated by brokers and owners.

The report notes that the National Women’s Education Centre -– an independent administrative institution since 2001 -– was established to promote women’s education through the training of women’s education instructors. As the only national centre of women’s education in Japan, the Centre offers programmes such as training and specialized research for women’s education instructors; conducts domestic and international exchange programmes; and supplies information on the creation of women’s information networks by providing various types of databases to the public.


Introduction of Reports

Presenting her country’s reports, Mariko Bando, Director-General, Gender Equality Bureau, Cabinet Office of Japan, said the country had made much progress in the last decade. In 2001, it had streamlined its national government ministries and agencies, reducing them in number from 24 to 13. The Gender Equality Bureau had been established within the Cabinet Office and had been given the mission of planning the Government’s gender equality policies and strengthening existing systems. The Council for Gender Equality had been established as a new forum where ministers discussed gender-related issues. The chairperson of the Council, the Chief Cabinet Secretary, also held the post of Minister of State for Gender Equality.

The strengthening of Japan’s national machinery had enabled the implementation of polices under the strong leadership of the Prime Minister’s Cabinet, she said. Against the downsizing of government organizations, the office mandated to deal with gender issues had been upgraded and placed at the centre of the administration.

In 1999, Japan had enacted the “Basic Law for a Gender-equal Society”, she said. The Law set out basic principles for the formation of a gender-equal society, as well as the responsibilities of the national Government, local governments and citizens. In accordance with the Basic Law, the Cabinet approved the Basic Plan for Gender Equality in 2000. The Basic Plan comprised long-term policies targeting the year 2010, as well as concrete measures to be taken by 2005. The creation of the Basic Law and Basic Plan had made clear Japan’s goals for gender equality, marking a new stage in the Japan’s formation of a gender-equal society. As of June 2003, 42 of Japan’s 47 prefectures had passed gender-equality ordnances.

Regarding violence against women, in April 2001, Japan’s Diet had passed the nation’s first comprehensive law dealing with spousal violence, namely the “Law for the Prevention of Spousal Violence and the Protection of Victims”. Some 103 Spousal Violence Counselling and Support Centres had been established in Japan, offering victims temporary shelter and providing counselling for some 3,000 cases per month.

According to a nationwide survey, some one in five women had reported physical violence, psychological abuse or sexual coercion from a spouse, she said. The Government was engaged in broad-based efforts to publicize information about the law to prevent spousal abuse, including through the creation of Web sites, the holding of symposia and advertising in the mass media. In addition, the “Law for Punishing Acts Related to Child Prostitution and Child Pornography and the Protecting of Children” was enacted in May 1999, and the “Law on Proscribing Stalking Behaviour and Assisting Victims” was enacted in the following year.

On the issue of education, she said the Equal Employment Opportunity Law, which was revised in 1997, prohibited discrimination against women at all stages of employment. The law had led to a decrease in men-only or women-only recruiting. Gaps in earnings and the percentage of women at the managerial level still persisted, however. In 2002, the average female earned 66.5 per cent of the pay of the average male. The primary causes of the wage gap were the differing status of men and women on the job and the shorter length of service women worked. In April 2003, the Government had announced guidelines for measures that labour and management should take to improve the situation.

Regarding the issue of “indirect” discrimination, she said a Panel on Equal Employment Opportunity Policies was considering the question in an effort to build consensus as to what constituted indirect discrimination. Another issue was part-time labour. Some 70 per cent of all part-time workers were female. The number of part-time workers had increased during the past few years, exceeding some 12 million in 2001. Some 40 per cent of employed women worked part-time. Their wages were only about 70 per cent of those who worked full-time.

On balancing work and family life, she said in 2001 the “Childcare and Family Care Leave Law” had been revised to prohibit the disadvantageous treatment of employees because they took childcare leave. Under the leadership of Prime Minister Koizumi, in July 2001 the Cabinet had decided on policies to support the balancing of work and family, including by increasing the capacity of day care by 50,000 per year for three years beginning in 2002, for a total increase of 150,000. Men were also given five day’s leave when their children were born. The goal of a 50,000-person increase in childcare capacity by 2002 had been met.

The burden of balancing work and family was an important factor behind Japan’s rapidly advancing trend towards families with fewer children, she said. In the Immediate Action Plan to Support the Development of the Next Generation, the Government had set goals of raising the figure for men who took childcare leave from less than one percent to 10 per cent, and for women who took childcare leave from 58 per cent to 80 per cent. According to that policy, the Diet was expected to pass tonight the Law for Measures to Support the Development of the Next Generation, which obligated local governments and corporations to create plans of action and carry out intensive measures over a ten-year period.

She said the growing number of single-mother families created by the rapid increase in divorces had led to a need for measures to promote self-reliance in such families. Last year, the “Law for the Welfare of Fatherless Families and Widows” was revised, expanding measures related to child rearing, employment, economic support and educational expenses.

Regarding women in policy-making processes, she noted that Japan ranked thirty-second out of 66 countries according to the United Nations Development Programme’s (UNDP) Gender Empowerment Measure (GEM). The Government believed that it should lead the way in expanding women’s participation in decision-making. In May 2001, guidelines for the enlargement of recruitment and promotion of female national public officers, including goals and concrete measures to be taken through 2005, were being implemented. In 2000, the goal set in 1996 for 20 per cent female representation in national councils had been met. A new goal of 30 per cent had been set. As of September 2002, 25 per cent of national council members were women. The number of women in leadership positions remained low, however. In government and the private sector, women held only 8.9 per cent of management posts.

Changing stereotyped perceptions of gender roles was vital to supporting the balancing of work and family life, she said. In that regard, the Government was implementing various educational activities and providing information through magazines and Web sites. While people’s awareness could not be changed in a day, the Government would continue working to correct stereotyped views of gender roles through education, awareness raising and reviews of systems from a gender-equality perspective.

Japan, the largest donor of official development assistance (ODA) over the last decade, had been active in supporting women in the developing world, both bilaterally and through the United Nations, she said. International cooperation was vital in the fight against trafficking.

Concluding, she said the National Diet had accepted amendments to Article 20, paragraph 1 of the Convention. The instruments of acceptance were deposited on 12 June. In the preparation of the reports, many meetings had been held with non-governmental organizations in order to garner information from civil society. As a State party to the Convention, Japan would continue to build a rich gender-equal society where the human rights of men and women were respected.


Experts’ Comments

At the outset of today’s discussion, several members of the Committee congratulated Japan for its achievements and thanked the Government for the timely submission of detailed reports, which, they said, testified to the country’s commitment to the advancement of women. They welcomed the high level of the country’s representation at the Committee, as well as recent ratification by Japan of amendments to Article 20 of the Convention. Speakers also urged the Government to ratify the Optional Protocol to the Convention, which entitled the Committee to look into grave or systematic violations of the Convention and consider petitions from individual women or groups of women, who had exhausted national remedies.

Several areas of concern remained, however, including gaps in legislation and the persistence of stereotypical attitudes towards women, speakers pointed out. Several questions were asked about violence against women and protection of minorities and immigrants.

The Committee’s Chairperson, AYSE FERIDE ACAR of Turkey, said the Committee was gratified to learn of the country’s commitment to the implementation of the Convention and its collaboration with civil society. She welcomed the presence of many non-governmental organizations from Japan, which took an active role in the implementation of the Convention. While Japan’s recent ratification of the amendments to Article 20 of the Convention testified to its commitment to the instrument, she hoped the country would soon ratify the Optional Protocol to the Convention as well.

Experts wanted to know how the Convention translated into Japan’s domestic legislation and court decisions. SJAMSIAH ACHMAD, expert from Indonesia, asked if the Government had set a target date for elimination of remaining discriminatory provisions in its domestic legislation. She also inquired about the status of work on the proposed bill on human rights, saying that unless the human rights committee, which was envisioned in connection with that bill, was fully independent, it could not achieve full effectiveness.

Promulgation of the basic law for gender equality in Japan was an important achievement, MARÍA YOLANDA FERRER GÓMEZ, expert from Cuba, said. It contained a number of important objectives, but further amendments were needed to bring it in full conformity with the Convention. It was gratifying that municipal authorities were encouraged to develop specific plans to promote gender equality. However, as very few municipalities had actually prepared such plans, she wanted to know what was being done to address that situation.

HUGUETTE BOKPE GNANCADJA, expert from Benin, asked about the definition of discrimination in Japan’s law, including the Constitution. Also, a plan on gender equality had been reported in the fourth report, and a plan of 1996 was supposed to serve as a follow-up to the implementation of the Beijing Platform of Action. She wanted to know about the results of those plans. Who was in charge of actual implementation of the Convention and what were the modalities for the Government’s cooperation with civil society? She also asked about the process of investigations and legal assistance in cases of discrimination.

HANNA BEATE SCHÖPP-SCHILLING, expert from Germany, saw progress in the implementation of the Convention in Japan, but underlined that the treaty envisioned legal and practical implementation of its principles without delay. She was astonished that it was only after 2000 that the Government had started studying the phenomena related to indirect discrimination. Also, the Government might not be fully aware of the scope and pace of attitude changes in the country. In that connection, in the next report, she wanted to see the data about the situation of women aggregated by age, as she was sure that the majority of younger women were much more concerned about their rights, their jobs and their family situation.

She then noted the Government’s “cautious approach” to special temporary measures. It was important to introduce such measures, at least in the public sector. Was the Government discussing them with private businesses? She urged the Government to be more proactive in its law formulation, instead of just registering the views prevailing in society.

DUBRAVKA ŠIMONOVIC, expert from Croatia, said that the reports contained a large amount of statistical data, except for the data related to the situation of minority girls and women. She hoped that such information could be provided to the Committee. She also sought information regarding the implementation of the Beijing Platform of Action in Japan. Was the Government implementing gender mainstreaming and gender budgeting?

AÍDA GONZÁLEZ MARTÍNEZ, expert from Mexico, expressed admiration over the quantity and quality of information in the report. Great progress had been made, and she welcomed the fact that the Government was continuing its work to fully implement the Convention. In that connection, she urged the Government to continue its efforts to overcome the stereotypes in the country. She was pleased to see that today, rape within marriage was considered an offence, but she was concerned that incest had not been criminalized. She hoped that it would be made a punishable crime as well, in the near future.

SALMA KHAN, expert from Bangladesh, welcomed the promulgation of the basic law. However, Japanese society, compared with other industrialized countries, had been rather rigid. Reportedly, some officials were known to make sarcastic comments about women’s equality. What measures were being taken to sensitize policy-makers to gender issues? Was the Government thinking about adopting affirmative action measures to increase women’s participation, in particular in the public sector?


Country Response

Members of Japan’s delegation responding to the questions and comments of experts included: Yuichi Takayasu, Deputy Director, General Affairs Division, Gender Equality Bureau; Tomoaki Onizuka, Assistant Director of Division, National Police Agency; Chiho Hatakeyama, Assistant Director of Division, National Police Agency; Misako Kaji, Director, Human Rights and Humanitarian Affairs Division, Ministry of Foreign Affairs; Teruyo Shimasaki, Official Human Rights and Humanitarian Affairs Division, Ministry of Foreign Affairs; Suzuko Ooki, Chief of Gender Equality Learning Division, Ministry of Education, Culture, Sports, Science and Technology; Masataka Isashiki, Gender Equality Planning Unit, Ministry of Education, Culture, Sports, Science and Technology; Chihoko Asada, Investigation Officer, General Affairs Division, Ministry of Health, Labour and Welfare; Mamiko Chiya, Section Chief, General Affairs Division, Ministry of Health, Labour and Welfare; Ryoko Kawai, Deputy Director, Women and Elder Affairs Office, Ministry of Agriculture, Forestry and Fisheries; Hiroki Kimura, Consul, Consulate-General of Japan, New York; Eiji Yamamoto, Minister, Permanent Mission of Japan to the United Nations; and, Naoko Hashimoto, Adviser, Permanent Mission of Japan to the United Nations.

The head of the delegation, Ms. Bando, said that in Japanese society, there was, perhaps, an excessive emphasis on consensus. Regarding the criticism that Japan was not adequately keeping pace with changes in society, she said those who worked to advance gender equality sometimes shared that frustration. Since ratifying the Convention, Japan, albeit at a slow pace, had made advances towards a gender-equal society. A large number of laws had been enacted and the Equal Opportunity Law had also been strengthened. The crux of the matter was that the laws had not resulted in tangible results. The enactment of laws would not change the current reality overnight.

In the Japanese social system, the husband was the main breadwinner and the wife stayed at home, she said. The Council for Gender Equality was studying the issue. Regarding the social security system, the tax system reform council had been reviewing the current tax system. A reform of the pension system reform would be conducted in 2004.

The budget of the Gender Equality Bureau was relatively small, about 400 million yen per year, she said. It was, however, placed at the centre of the administration. The total budget for all government ministries was some 9 trillion yen per year. When sarcastic remarks were made by public figures, the mass media published those remarks. That was a reflection of the progress being achieved in Japan.

On the issue of affirmative action, she said that with the exception of the target of 20 per cent female representation in advisory councils, the Government to date had not set numerical targets. By 2002, the number of women on national councils had reached 25 per cent. In 2001, the Government had set guidelines for the employment of female national government officials. Each ministry set its own affirmative action regarding the employment and promotion of female government officials. The environment ministry was most proactive in that respect.

Regarding the designation of an ombudsperson, she said Japan had a system of volunteer human rights officials to monitor complaints of human rights violations. Most violations occurred in rural areas. Japan had a large population. The ombudsperson system worked well in Scandinavian countries with smaller populations. Currently, the plan was to place the human rights commission under the Ministry of Justice. It would be a highly independent commission consisting of independent experts. Deliberations on that commission were continuing in the Diet.

Regarding minority women, she said the Government was not fully aware of their circumstances. Statistics were important, but to date, no gender-based surveys had been conducted regarding the situation of minorities. The committee for monitoring and handling complaints was conducting a gender survey of the situation on the ground. Based on the results of that study, further action would be considered.

Article 14 of the country’s Constitution stipulated equality between men and women. Based on that, the basic law for gender equality had been promulgated. As for the ratification of the Optional Protocol, there had been queries in the parliament, which urged careful consideration of such a step in order to avoid an impact on the independence of the judiciary. Today, she was not in a position to say when Japan would be ready to ratify the Optional Protocol.

In response to the question about incest, she said that while there was no specific law on that crime, the penalty for it could be prescribed by referring to other laws.

Turning to the country’s municipalities, she said that through active cooperation with citizens, various localities could put in place their own plans and ordinances. The central Government could not directly instruct municipal authorities to adopt particular plans. However, it would be difficult for small villages to institute their own gender equality plans. As for who was responsible for the implementation of the Convention within the central Government, each Ministry had its own mandate and authority in that respect.

On the Government’s response to indirect discrimination, she said that for many years, the definition of that phenomenon was not clear. Now, a study group had been organized to work on the definition of indirect discrimination. As an expert had correctly pointed out, the Government’s response may have been very slow. The prevalence of women in part-time jobs had been mentioned as one of the manifestations of indirect discrimination and indeed, equal treatment of part-time and full-time workers was a challenge.

Regarding violence, she said that a special committee on domestic violence had presented its comments on the implementation of anti-violence laws in 2001-2002. It was important to provide specialized training to law enforcement officials and ensure adequate coordination among the agencies concerned. All forms of violence, including trafficking and prostitution, needed to be addressed. A spousal violence law had only been enacted last year, and at present, suggestions were being considered to expand its sphere of action to live-in partners.

Another country representative added that the study on the ratification of the Optional Protocol was now under way, including its possible impact on the independence of the judiciary. Regarding the application of the Convention, she said that the Constitution clearly stated the need to treat men and women equally. Japan intended to faithfully carry out all international conventions and treaties, to which it was party. The Convention demanded that the country enact binding laws to conform with its provisions. Not all the requirements of the Convention were becoming realized, but the way the country understood it was that the content of the Convention was faithfully put into practice through domestic legislation.

A member of the delegation provided information about Japan’s employment policy. As the gap between men and women in the workplace persisted, it was necessary to put in place more aggressive active measures. Conventional stereotypes on the gender roles and conventional employment practices represented obstacles for the advancement of women. The Government recognized that indirect discrimination was, indeed, a problem.


Experts’ Comments

CORNELIS FLINTERMAN, expert from the Netherlands, stressed the importance of strengthening the independence of the judiciary, saying that independent courts could address the cases of discrimination more effectively. He also expressed concern over the fact that while human rights treaties were part of Japan’s domestic law, practically no reference was made in domestic court cases to the Convention. In that connection, he asked what provisions had been made to familiarize the members of courts with the provisions of the Convention.

Turning to the issue of “wartime comfort women” in such places as the Republic of Korea, the Philippines and Taiwan, he said that according to the Government’s responses to questions of a pre-session working group, apologies had been made to victims and organizations that represented them. He noted with great satisfaction that the Government was not turning away from their situation. In the light of the Government’s open attitude to the problem, he wanted to know if it was planning to sit down with the victims and their representatives in order to listen to their continued grievances.

GÖRAN MELANDER, expert from Sweden, stressed that enactment of legislation alone did not change society, but it helped. Setting targets for women’s participation could also provide important results. Civil servants did make mistakes, and that was why establishment of an ombudsman function could be helpful. Regarding the definition of the term “discrimination”, he added that it needed to be enacted as part of Japan’s national legislation.

KRISZTINA MORVAI, expert from Hungary, expressed satisfaction that the need for a drastic reform of the current human rights protection system had been recognized by the Government of Japan. She would like to know how the bill on human rights would affect the situation of women, in particular. As for the legal-aid system, she asked if labour discrimination cases were covered by it. How much did the Government spend on the provision of legal assistance to men and women, respectively?

Regarding the training of judges, she wanted to know who provided such training. Were gender obligations part of it? Returning to the issue of the Optional Protocol, she wondered why the judiciary would feel that the instrument could endanger their independence. Wasn’t the Convention binding on the judiciary already?

In conclusion, she referred to reports that the Governor of Tokyo had said that it was both wasteful and sinful for women to live beyond menopause. If those allegations were true, an apology was in order.

FATIMA KWAKU, expert from Nigeria, said that given the number of non-governmental organization representatives in the room, the Convention should be a household word in Japan. Japan’s interest should be applauded. Regarding the membership of the Council for Gender Equality, she wished to know how gender-equal the Council was. Was the present Chief Cabinet Secretary a man or woman? What percentage of the national budget was allocated to the Council for Gender Equality, and was it sufficient for it to carry out its tasks? As the fifth report did not refer to the issue of child pornography, she asked for information on the present situation of child pornography.

She asked whether the results of the project for disabled persons, which had concluded in 2002, been assessed. Did the Government plan to continue the programme? What percentage of disabled persons in Japan were women? She also noted her concern that the reports were completely silent on minority issues.

HEISOO SHIN, expert from the Republic of Korea, said that, while she was pleased with the fairly large delegation before the Committee, she would have been happy if the Chief Cabinet Secretary had also attended. Regarding the statistics provided in the reports, she echoed the concern expressed by other experts on the complete lack of information on minority women. In the annex to the report, many of the tables did not address the substantive nature of the issues at hand. Regarding the Gender Equality Bureau, given Japan’s population of some 120 million, a staff of 40 was fairly small. She hoped that number would be expanded, as well as its budget.

On the establishment of a human rights commission, she expressed concern about the commission’s independence. How many women would serve as commissioners? On the issue of trafficking and sexual exploitation, she noted that under the domestic law, robbery was punishable with a minimum five-year term. Rape, however, had a minimum punishment of two years, and trafficking had a minimum sentence of three years. Why was robbery more punishable than rape? Concerning the issue of so-called “comfort women”, she said the issue of wartime violations of women’s rights should be adequately recorded and taught to future generations.

ROSARIO MANALO, expert from the Philippines, said the report did not contain information on the prosecution of women prostitutes, procurers and brokers. Were women prostitutes prosecuted under Japanese law? Were Japanese nationals that exploited women outside of the country punished? What was meant by the concept of “gender neutrality” in light of article 5 of the Convention? How many cases of marital rape had been brought before the courts? She also noted a lack of specific laws on domestic violence or sexual harassment. To what extent was sexual harassment occurring in the workplace?

MARIA REGINA TAVARES DA SILVA, expert from Portugal, said the report said nothing about the most powerful means of conveying stereotypes, namely the media. Had there been research on the image of women in the media? Had violence in the media been researched? Were there measures in place to sensitize media agents? Much had been said on the law on spousal violence. Since one in five Japanese women suffered violence from such abuse, did the law provide for all aspects of violence, including the psychological aspects of violence? While the report recognized that Japan was a destination country for trafficked women, it did not say much on the situation of trafficked women.


Country Response

Responding to questions on the direct applicability of the Convention to Japanese domestic law, Ms. Bando said there were many cases when the court had referred to the Convention. Regarding the issue of “comfort women”, she did not think that the Convention could apply retroactively over a period of 60 years to cover the issue of comfort women. The report had spelled out how Japan had responded to the issue. The Asian Women’s Fund was the Government’s expression of a way to help them.

She said the Chief Cabinet Secretary was the key Cabinet staff member, who was responsible for coordinating the work of the various ministries. He assisted the Prime Minister in making policy decisions. As the spokesperson for the Cabinet, he greeted the press twice daily. When the Prime Minister was away, the Chief Cabinet Secretary assumed his position temporarily. Since the Chief Cabinet Secretary was an important position, he found it difficult to leave Japan. He was, however, enthusiastic about the issue of gender equality.

He also presided over the Council of Gender Equality, and all Ministers participated in its work, as well as prominent persons, union representatives and other members of civil society. Today, it had seven female and five male members.

Regarding the budget for staffing of the Gender Equality Bureau, she said that while greater funding would be useful, it was not up to the Government alone to put a lot of money into gender equality projects. It was also important to mobilize other players, and the amount of the budget and staffing were not the only indicators of the effectiveness of gender policies.

Experts had also referred to the penalties for rape and trafficking of women being too light, she said. It was mind-boggling that in some cases, robbery brought more severe punishment than rape, and it was important to address such a disparity. Many laws were being mobilized to prevent the crime of trafficking of women. Japan was fully aware of the problem, but in many instances, women entered the country with tourist visas. The Government was studying the situation. It was also keeping in touch with the non-governmental organizations that were providing assistance to the victims.

To a question regarding gender neutrality, she replied that in terms of taxes and employment practices, the current social security system was based on the premise that husbands would be the principal breadwinners. Women’s income was seen as secondary. Changing the existing system would respond to the requirements under the Convention.

On the image of women in the media, she said that the Government refrained from dictating to Japanese newspapers, advertising agencies and television on the issue. However, an exchange of views on the matter had recently taken place. She hoped the media itself would regulate how the image of women would be conveyed to the public. At the same time, the participation of women in the mass media was far from adequate, with the percentage of women journalists standing at only about 10 per cent.

The Government was also taking measures to address the situation of disabled people, she said. Various targets for disabled persons had been established in 2001, and the basic plan for disabled persons had been put in place after that.

Responding to another question, Ms. Bando said that under the current spousal violence law, only physical violence was taken into consideration. It was important to expand the scope of the law to include psychological violence and threats. While not covered by specific laws, trafficking in women and prostitution were addressed under related provisions of the Penal Code.

In that regard, a member of the delegation clarified that very little information on child pornography and prostitution had been included in the reports. Some 1,300 people had been arrested in connection with 291 cases of such offences last year. Trafficking was considered a very serious problem. There was no law applicable specifically to trafficking, but that did not mean that the Government was tolerant of that crime. It could be addressed under various other provisions of the law, including those related to immigration, refugees and entertainment business. The offence led to convictions of up to 10 years. The country was also coordinating its efforts with those of other Asian countries.

Regarding health issues, another speaker said that women victims had access to medical services. For low-income people, services could be provided at many medical facilities for a minimal charge. As for foreign nationals, emergency centres provided services, and if service fees were not recoverable, the Government absorbed the costs.

Ms. Bando added that the Equal Employment Opportunity Law provided for measures to address sexual harassment in the workplace. Last year, some 1,200 cases had been referred for counselling, which was available for victims of harassment. As the country was just beginning its anti-harassment efforts, further measures were needed.

Regarding legal aid, she said that litigation required much energy and money. Thus, for those encountering difficulties, legal aid was provided, and victims of violence were entitled to receive such assistance. In the fiscal year of 2003, a significant budget was allocated for such purposes.

Training on sexual harassment and gender equality issues was provided for judges and other members of the legal profession. The Government intended to continue its efforts to promote awareness of women’s issues.

As for human rights protection, the Government intended to institute a new law, she said. Among existing tools, it had a number of administrative measures at its disposal.


Experts’ Comments

FRANÇOISE GASPARD, expert from France, said progress had been made in advancing the rights of women in Japan. The delegation had also acknowledged, however, that progress had been rather slow. In light of statistics provided to the Committee, Japanese women, notably the younger women, had changed in the last decade, aspiring to greater levels of autonomy.

They still encountered strong resistance, however, in particular resistance in reaching decision-making positions, she said. The number of women elected to the upper chamber of the parliament had actually declined in the last election rounds. The report indicated that that was due to the way in which elections were conducted. Was the issue of women’s representation considered when reviewing the rules governing elections? Measures should be taken to enhance the number of women in elected positions. Was there a commission within the Diet responsible for achieving equality between men and women?

On the poor representation of women in the judicial profession, she said that in other countries there had been an increase in the number of young women in legal studies and positions. That was not the case in Japan. The increase in the number of female judges was very slow and the number of women attorneys had dropped in the last several years. Were there campaigns to move women to bar and bench? Also, the number of women in the police forces –- some 4 per cent –- was very low. How were police officers recruited?

VICTORIA POPESCU SANDRU, expert from Romania, noted that, in spite of the measures taken by the Government, there was still low representation of women in decision-making positions. One of the reasons for that seemed to be the persistence of stereotypical gender roles of women in society. She was surprised to note the statement in the report that such a division of gender roles was formulated during a period of high economic growth. Was recession necessary to enhance shared responsibilities between men and women? That would be paradoxical. Much was left to be done in concrete terms.

Concerning the drafting in 2001 of guidelines for the recruitment of female government officials, and a target of 30 per cent by 2020, were there concrete measures to accomplish those difficult tasks? she asked. How would the Government ensure continuity until 2020? Reference was made to target ratios and dates for women’s promotion at the local level. Could the target ratios be considered quotas? If not, were they using quotas for enhancing women’s political representation? What was the perception of the Japanese population regarding the use of quotas to increase women’s empowerment?

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, said she was struck that Japan, one of the richest countries of the world and a Group of Eight nation, had every opportunity to deal with the issues at hand. In other countries, women did not have an easy time making progress, often because of a lack of budgetary funding. That was not the case of Japan. Japan had a reputation and history of being a generous donor nation. Given the pace of events, she was surprised that a country that was so strong in terms of electronics could not go faster in applying policies for the advancement of women.

Elections had not yielded results, despite theoretical advances by the Government, she said. What was the reason for the lag? Could it have to do with the way in which the parties were organized? Did the Government finance parties, or did they function within their own means? Did the Government undertake affirmative action measures to increase women’s representation in the parliament? If the difficulties facing women had to do with the election system, the Government could promote women by appointing them to decision-making positions. That was done in many countries. The country had not been able to make substantive progress for women. Proactive measures were needed to ensure the representation of women in the legislative, executive and judicial branches.

CHRISTINE KAPALATA, expert from the United Republic of Tanzania, said Japan had been astute in submitting its reports on time in line with article 18 of the Convention. Reporting to the Committee in line with article 18 was a way of implementing the Convention. She had, however, a sense of frustration regarding the implementation of articles 7 and 8 by the Government.

In 1994, when the Committee last engaged Japan in a dialogue, the Committee had urged the Government to take specific steps to improve the status of women, she said. Today, nine years later, the Committee was saying exactly the same thing, although in different words. Was it a systemic problem in Japan? What was happening in practice did not seem to conform to the theory of gender equality. The Committee expected a better appreciation of the situation of women in decision-making positions, including minority women in decision-making positions. The next report should include statistics on minority women.

Ms. TAVARES DA SILVA said that a rather high proportion of women in some political parties contrasted with the low number of female executives in decision-making positions. Also, high number of women capable of passing the bar exam contrasted with an insufficient number of women judges and prosecutors. If those women had qualifications, knowledge and character to enter the judiciary profession, why weren’t they advanced to more prominent positions?

Ms. GNANCADJA said that due to barriers and low level of education, the minority populations and minority women, in particular, were denied an opportunity to take part in the public life. It was necessary to address that situation. The high cost of family services meant that women had higher barriers than men to their participation in the labour market. The Government needed to take that fact into account.


Country Response

Responding to comments, Ms. Bando said it had been gratifying to hear positive evaluations of the Government’s efforts. At the same time, there had also been some harsh remarks about the slowness of progress in Japan. She shared the experts’ frustration. Of course, the Government could come up with some excuses, but she could not help thinking herself that much more could have been achieved.

Regarding political parties, she said that Japan’s largest parties talked about equality measures, but none of them had adopted a quota system. Among possible measures to improve the situation, she mentioned subsidies from the Government to improve representation of women. However, Japan was not implementing such measures. In the private sector, very few women occupied managerial positions, and it was difficult to promote measures for the advancement of women. Another aspect of the problem related to the aspirations of women themselves.

The younger generation in today’s affluent society was highly educated, she continued. Compared with older women, young women were more independent. While the rate of change was gradual, the country was making slow, but steady progress. The younger they were, the more opposed the people were to traditional gender stereotypes.

It was difficult for women to balance their family and professional lives, and for that reason, not many women opted for ambitious careers. Efforts were being made to improve conditions for their advancement, however. As for the bar examination, she was sure that in the future, more women would advance to judges’ positions. Each agency was taking measures to increase recruitment of women, and there was a target of reaching a rate of up to 30 per cent of women in managerial positions by 2020. Where only single numbers of women had been recruited some 30 years ago, today, many more were being hired.

An expert had commented that Japan had not introduced a quota to increase women’s participation in public affairs, she continued. The question was how the society on the whole would respond to that. Today, such a step would only create reverse discrimination. That was the conclusion of a study group within her Ministry, which had considered the possible impact of positive measures.


Experts’ Comments

Ms. KHAN, expert from Bangladesh, asked if the part-time law prohibited discrimination against employees in general and women in particular. Were part-time workers allowed to return to their jobs so as not to lose their seniority?

Regarding a certain ethnic group, she said that many women in that group could not even read or write. Government initiatives to assist them had ended due to budgetary constraints. What measures did the Government envision so that those women could return to the job market?

As Japan had one of the largest elderly populations, she was surprised that the report did not mention any policy for the elderly female population. Given the high longevity rate, elderly women encountered certain social and health needs. Did the Government have a specific policy in that regard? What were the life expectancies of ethnic minority women?

Ms. ACHMAD, expert from Indonesia, asked if school curricula included education for domestic work and family responsibilities. That was one way of eliminating negative stereotypes. To what extent were teachers trained?

Ms. MORVAI, expert from Hungary, said she appreciated that the report referred to spousal abuse and different forms of violence against women as a violation of human rights. Offering apologies to the “comfort women” was not about shaming the Government -- the issue was that women had been treated as less than human. That must be recognized. She also noted that the definition of stalking was not compatible with the Convention. Stalking was about power and control, not love.

PRAMILA PATTEN, expert from Mauritius, asked what concrete steps the Government had taken to reduce differences in wages. What were the Government’s labour policies regarding dispatch workers? Had the career system programme been evaluated?

NAELA GABR, expert from Egypt, said Japan was renowned for being an economic giant. The prevailing mentality of a free economy should also be used to convince Japanese society of the usefulness of women. The Gender Equality Bureau should conduct studies on the economic empowerment of women. Japanese women constituted some 51 per cent of society. Their empowerment would impact the economic performance of the entire society.

Agriculture had a special standing in Japan, she said. Farmers were subsidized to further their productivity. The heated debate in the World Trade Organization (WTO) on the agricultural sector would tremendously affect that sector in Japan. Had the Government conducted studies on the impact on women of freeing that sector?

Ms. SCHÖPP-SCHILLING, expert from Germany, asked if the study group on indirect discrimination had in its terms of reference a mandate to study the employment management categories as to whether they constituted indirect discrimination. Had the wage study group looked at the issue of equal pay for work of equal value? Regarding part-time workers, what was the percentage of part-time workers that did not fall under the insurance scheme?

She expressed concern about the precarious labour market situation of women, particularly younger women and dispatched women. What was the threshold of working hours in order to be covered by the employment insurance scheme? Were dispatched workers being offered further training? Although the economic crisis had been ongoing, she would rather see Japanese business use the crisis as an opportunity for restructuring and as a way of providing women with greater opportunities.

While welcoming the revision of the employment laws, Ms. SHIN, expert from the Republic of Korea, said that many problems remained, including a serious wage gap. She wanted to know if there were penalties for those employers who did not obey the new legislation. Also, while the statistics contained in the report reflected the views of employers, they did not take into account the views of the women themselves. Marriage and child-rearing remained a serious barrier to equal employment of women. While the number of childcare facilities had increased, she believed that additional measures were needed, including subsidies for families in need. She hoped the Government would accelerate its efforts to improve services to working parents.

Ms. GNANCADJA, expert from Benin, said that manuals containing stereotypes were still being authorized in Japan, and she did not see much progress in publishing for textbooks free from traditional attitudes. Also, more needed to be done to rectify the situation as far as “war comfort women” were concerned.

Ms. TAVARES DA SILVA, expert from Portugal, asked if co-education was the rule, or the system of separate schools for girls remained in force. Were the curricula for boys and girls the same? In view of a growing number of teenage pregnancies, she also wondered if an effective sex education system promoting responsible behaviour was in effect in Japan.


Country Response

Ms. BANDO said that in the workplace, women should be able to take advantage of their high education background. That would benefit not only the women, but also their employers. Today, women were often utilized as a cheap workforce.

She said that the average lifespan of women was some 85 years -– 10 years longer than that of men. They were effectively covered by the country’s insurance and health-care services. The social security system, at the moment, provided sufficient insurance for elderly women. The declining fertility rate and the ageing of population represented a serious problem for Japan, however.

Turning to education, she said that the basic education model was based on co-education, but there were also exclusive private boys’ and girls’ schools. The Government was promoting programmes to overcome gender-based stereotypes. Boys were encouraged to take part in domestic life, and girls -– to take greater part in the public life. More concerted efforts were needed to change the mindset of employers, however.

Another member of the delegation said that a high number of female part-time workers could be explained by the fact that there were limited opportunities for middle-level employment. Most part-time workers were women returning to the workforce after having children.

Regarding the Equal Employment Opportunity Law, she added that equal treatment for men and women was the basic guidance principle given to employers for employment management. The principle of equal pay for equal amount of work was also in effect, and there was a steady improvement in the correction of disparities of men’s and women’s wages.


Experts’ Questions

In the last round of comments, questions were raised regarding discriminatory family laws and the Government’s attitude towards them.

Ms. ŠIMONOVIC, expert from Croatia, questioned the political will of the Government to change discriminatory practices relating to marriage and family relations. The Government had already mentioned its intention to address the problem during previous consideration of its reports, but the situation had not changed significantly. The Government referred to public opinion, which was opposed to the changes of discriminatory law, and she wanted to know if it was trying to promote the changes.

Ms. PATTEN, expert from Mauritius, said that the negative impact of the difference in marriage age for men and women could not be ignored. Also, how long was the Government going to defer to negative attitudes towards the changes in family law?

Ms. KWAKU, expert from Nigeria, wanted to know if the revised civil code had been adopted, and Mr. FLINTERMAN, expert from the Netherlands, pointed out that changes of the civil code were not so much the matter of public opinion, but of obligations under the Convention.

Ms. BELMIHOUB-ZERDANI, expert from Algeria, said the problem of discrimination against illegitimate children and their mothers needed to be resolved. Another important issue was the difference in the minimal age of marriage for young men and women, as well as parental consent required for marriage of young girls. She also inquired about the situation of divorced women and asked for information about wealth as far as men and women were concerned.

Ms. SHIN asked if the law on the prevention of spousal violence covered couples in separation and couples living together. While welcoming the Government’s willingness to cooperate with non-governmental organizations, she insisted that it should not abdicate its responsibility in connection with the Convention.

Ms. MORVAI wondered about the rules related to family names and asked if the translation of the law related to “fatherless families” was correct.

Ms. GNANCADJA said that there was unequal treatment under the law relating to rape in Japan. For example, as far as she knew, judges demanded that a victim of rape prove her resistance to the crime and asked questions about the virtue exhibited by women. The Civil Code also still provided for some inequities regarding inheritance law and division of assets after divorce.

Ms. MANALO, expert from the Philippines, said that with the birth of a princess within the country’s imperial household, contemporary Japan had been presented with a golden opportunity as far as inheritance of imperial powers was concerned. Were there any plans to let the little princess become the Empress of Japan?


Country Response

Ms. BANDO thanked the experts for their constructive remarks and said that she was grateful for the Committee’s encouragement. The delegation would put the experts’ comments to positive use and distribute them around the nation. By comparison to some other societies, her country was making progress, but today’s discussion had brought home the realization that much still remained to be done there.

She added that a remark had been made that the laws had the effect of changing attitudes, but those attitudes could not be changed overnight. The questions of ratification of the Optional Protocol, the situation of minority women and part-time workers had been the focus of attention today, and the country had been encouraged to further develop its laws in conformity with the Convention.

She said there had not been an organized view within the ruling parties on the issue of the selection of family names. The voice that family harmony was most important had been very strong. Regarding children born out of wedlock, the Government, from the viewpoint of protecting legally married couples, provided for differences in inheritance rights for legitimate and illegitimate children. The Supreme Court had ruled that illegitimate children would receive half the inheritance of legitimate children, but debate would certainly continue on the matter.

Regarding the law on the prevention of spousal violence, many had asserted that that law should cover former husbands as well, she said. On single mother families, in cases of divorce, assets formed during the marriage would be divided. The majority of divorce cases, some 90 per cent, did not go to the courts.

Regarding the question of a woman becoming emperor, according to the current household code, a male would inherit the throne, she said. In the past, there had been seven female emperors. Today, however, there was no possibility that the princess would become emperor.


Remarks by Chairperson

In concluding remarks, Committee Chairperson, Ms. ACAR, congratulated the delegation for its reports and for the dense and frank dialogue. The Committee welcomed the collaboration with non-governmental organizationS and was aware of progress achieved during the period covered by the reports. In particular, it welcomed important legislative changes and improvements, particularly regarding the Basic Law, the law for the prevention of spousal violence, as well as revisions to the Equal Employment Opportunity Law. Enacting those laws was no small achievement. Laws were only as good as their implementation, however. The message behind the Basic Law was powerful, but only its implementation would guarantee real change on the ground.

The Committee expected to hear more results in the areas of education, employment, health and decision-making in the next report, she said. Members had indicated several areas requiring specific focus, including the need to step up efforts to eliminate stereotypes, the training of public officials and the judiciary, and the sensitization of the decision makers in public offices. The Committee hoped to see more women in high judicial positions and decision-making posts.

She said she was impressed by the gender sensitivity that had developed in civil society in Japan. The impressive non-governmental organization presence was a testimony to that development. The favourable social climate of the younger generation to promote gender advances was encouraging. The phenomenon of multiple discrimination required further study, and the report was silent on that matter. She also underscored the disadvantaged position of women in the labour market, including the situation of part time workers.




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* Revised to reflect remainder of country’s response and Chairperson’s remarks at meeting’s end.