JAPAN PRESENTS REPORT TO COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS ON IMPLEMENTATION OF INTERNATIONAL COVENANT

CESCR
26th session
21 August 2001
Morning




The Committee on Economic, Social and Cultural Rights this morning started its consideration of a second periodic report of Japan on how that country is implementing the provisions of the International Covenant on Economic, Social and Cultural Rights.

Koichi Haraguchi, Ambassador and Permanent Representative of Japan to the United Nations Office at Geneva, introduced the report, saying that his country enjoyed a high standard of human rights protection, peace and overall economic prosperity.

Since the last consideration of the Government's report on the situation of economic, social and cultural rights in 1986, Japanese society had undergone considerable change, Mr. Haraguchi said. Along with the declining birth rate, the increasing number of nuclear families and the ageing of society, prolonged economic depression and stagnation had presented new challenges since the 1990s. The International Covenant had become all the more significant in meeting those challenges.

Over the course of the discussion, a number of Committee Experts highlighted the issue of economic, social and cultural discrimination against Korean residents in Japan. Responding to questions on Korean "comfort women" of the Second World War, the delegation said that the Japanese Government had already expressed remorse and sorrow with regard to them, and that the Prime Minister of Japan had sent out letters of apology to each "comfort woman".

In supplementary questions, Committee Experts wanted to know if the apology was the end of the story for the Korean "comfort women", or if the Japanese Government was still discharging its responsibilities through the payment of compensation to the victims.

Also included in the Japanese delegation were Yasuaki Nogawa, Minister, Deputy Permanent Representative of Japan to the United Nations Office and other international organizations at Geneva; Masatoshi Tsunaki, Director, General Affairs Division, Gender Equality Bureau; Michio Sakai, Director of the Human Rights Promotion Division, Ministry of Justice; Hiroyasu Izumi, Director, Human Rights and Humanitarian Affairs Division, Ministry of Foreign Affairs; Masaru Watanabe, and Atsuhiko Beppu, Counsellors, and Takashi Shibuya, First Secretary, at the Permanent Mission of Japan in Geneva; Chihoko Asada and Fumiaki Saito, Investigation Officers, Ministry of Health, Labour and Welfare.

And also, Sanae Aoki, Director, and Keiji Inoue, Deputy Director in the Ministry of Education, Culture, Sports, Science and Technology; Hiroshi Morimoto, Deputy Director in the Ministry of Justice; Nobuhiro Watanabe, Assistant Director in the Ministry of Foreign Affairs; Mutsuo Kawai, Deputy Director, Ministry of Land, Infrastructure and Transport; Yoshihito Amano, Police Superintendent, National Police Agency; Junko Yamashita, of the Ministry of Foreign Affairs; Shinichiro Mori, Director-General, Ministry of Health, Labour and Welfare; Mitsue Numoto, of the Ministry of Justice; Naoko Maeda and Derek Seklechi, Special Assistant and Political Assistant, respectively, Permanent Mission of Japan in Geneva.

Representatives of 70 Japanese non-governmental organizations were present in the room to listen to the debate on the report of Japan.

As one of the 145 States parties to the International Covenant, Japan is obligated to present periodic reports to the Committee on how it is giving effect to the provisions of the treaty.

When the Committee reconvenes at 3 p.m., it will continue its consideration of the Japanese report.

Second Periodic Report of Japan

The report to be considered by the Committee is contained in document E/1990/6/Add.21. It enumerates the different measures undertaken by the State party since it ratified the International Covenant. It says that Japan takes the basic position that human rights have universal value and are a legitimate international concern common among all human beings. On development assistance to other countries, Japan believes that it should contribute to the promotion and protection of human rights. It also considers technical and vocational training in developing countries as a top priority in development assistance.

The report says that the average life span of a Japanese is about 80 years, the longest in the world; fewer births and a decrease in the total fertility rate have been apparent in recent years. There is consequently a concern that it is difficult to instill independence and socialization in children because they now have less contact with other children.

The reduction of working hours has become a national task towards which the entire nation should make efforts so that people can lead more fulfilling lives, the report notes. The Government actively encourages reduction of working hours by emphasizing the full use of annual paid holidays and reduction of overtime working hours, with the establishment of the 40-hour week as the primary issue. Japan reserves the right not to be bound to provide remuneration for public holidays. A few companies have introduced a system to pay salaries for national holidays, but there is no social consensus for remuneration for national holidays. Annual paid holidays are not likely to be taken fully since workers tend to save their holidays in case of emergencies such as sickness.


Since 1993, Japan has contributed to the Japanese Trust Fund for the Preservation and Promotion of the Intangible Cultural Heritage in United Nations Educational, Scientific and Cultural Organization (UNESCO), and has been cooperating in its preservation and promotion with a focus on Asia, the report notes.

Introduction of Report

KOICHI HARAGUCHI, Ambassador and Permanent Representative of Japan to the United Nations Office at Geneva, said that his country enjoyed a high standard of human rights protection, peace and overall economic prosperity.

Since the last consideration of the Government's report on the situation on economic, social and cultural rights in 1986, Japanese society had undergone considerable change, Mr. Haraguchi said. Along with the declining birth rate, the increasing number of nuclear families and the ageing of society, prolonged economic depression and stagnation had presented new challenges since the 1990s. The International Covenant had become all the more significant in meeting those challenges.

Japan had made successful efforts toward the protection and promotion of human rights in a wide variety of areas, from steps to realize a gender-equal society to the establishment of a new relief system for human rights, Mr. Haraguchi said. Though the Japanese Government had tried to take effective steps to guarantee the rights laid out in the International Covenant, it realized that its efforts had not always been perfect or faultless. The contribution by non-governmental organizations had been fruitful in that regard.

HIROYASU IZUMI, Director, Human Rights and Humanitarian Affairs Division, Multilateral Cooperation Department, Foreign Policy Bureau, Ministry of Foreign Affairs of Japan, said that the policy of isolation of leprosy patients in the past had been a violation of their human rights and the Government had paid indemnities to compensate the prejudice and discrimination that these persons were subjected to. The Government had also provided assistance to those who needed housing facilities in some areas. Additional efforts were made with regard to human rights infringements through an office established for that purpose. Relief resources were also made available for human rights infringements and for those who suffered from diseases.


Consideration of Report

In response to a number of questions raised by Committee Experts, the members of the Japanese delegation said that Japan had progressively achieved the rights under the Covenant and they were guaranteed by law. The possibility of direct applicability of the rights was not yet retained. However, the rights under the Covenant were enjoyed through the domestic provisions designed to implement them.

Concerning the independence of the judiciary in the implementation of these rights, there were some problems which should be resolved, the delegation said. The Government was preparing the terrain according to which the judicial decisions could be implemented without problems.


Japan had made reservations on provisions of the Covenant regarding holiday payments, the delegation said. Only a few workers received payments for holidays in Japan. The Government might reconsider its position in the future. In applying the provisions of paragraph (d) of article 7 of the Covenant, Japan reserved the right not be bound by "remuneration for public holidays".

Japanese higher education required a system in which financial burden sharing should be undertaken by the Government and individuals, the delegation said. Further study would be carried out in that field. For those who had the capability but had difficulty in attending school because of their financial situation, the Japan Scholarship Foundation awarded grants and loans. In applying the provisions of subparagraphs (b) and (c) of paragraph 2 of article 13 of the Covenant, Japan reserved the right to be bound "in particular by the progressive introduction of free education". Japan did not see the need to withdraw its reservation at this junction.

Japan was not planning to promulgate further laws designed for the protection of human rights, the delegation said. The Government was convinced that the provisions already existing for the promotion and protection of human rights were satisfactory.

The Human Rights Promotion Council had been established to cover cases of human rights infringements, the delegation said. In order to secure satisfactory economic and human rights, the Council had recommended the establishment of a separate organ which could provide redress in the event of violations. The new human rights organ could also propose legislative initiatives in line with the protection and promotion of human rights.

On the issue of a programme and national plan of action for human rights, the delegation said that the Government believed that the efforts so far undertaken were adequate and there was no further plan to take further action in that regard.

Asked about the provision of adequate housing, the delegation said that a housing cooperation had been established through which the Government was contributing to improve housing facilities to the population.

An Expert said that Japan was one of the most humanely developed society; however, there was a disparity in equality of women in that society where human development had reached its maximum; and harassment against women at the workplace had been widely reported. Was there any plan to improve that situation? Who had custody in the event that a couple divorced? If Japan was not recognizing its responsibility for the "comfort women", what was it doing to settle that old problem?

Another Expert said that Koreans living in Japan and Japanese who returned from China and who did not speak Japanese had been discriminated against. The Expert said that Japan had been considered as one of the leading countries economically and had been participating in promoting world peace. It was also playing a determining role in the "spiritual revolution" in human rights. Japan's increased Official Development Assistance (ODA) to the developing nations attested to its leading international role in world economic development. However, the discrimination cited with regard to Koreans and Burako people should be seen in light of its extended world role, and it should be solved accordingly.


Another Committee Expert also repeated what the previous speaker alluded to, adding that the Ainu and Dowa people, foreigner workers and refugees had been discriminated against and were unequally treated. The Japanese delegation was asked to provide explanations for such allegations of discrimination.

No discrimination could be rationalized, an Expert underlined, wondering how economic discrimination could be based on criteria of nationality. Further, Korean schools were established under the Japanese law; however, students who graduated from such schools had difficulties in obtaining jobs. What justification could the delegation provide for that situation?

Koreans were uprooted from their country and brought to Japan against their will, an Expert said. Many of them were born in Japan and they had lived there for many years. However, even those who fought on the side of Japan during the Second World War had been deprived of their citizenship and were denied pensions as Japanese war veterans. It was high time for Japan to reconcile with its own history which contained sad and unhappy pages. The Koreans residing in Japan should be treated in the same manner as Japanese.

The fact that only one-third of Japanese women had been admitted to attend schools was the source of discrimination against women, an Expert said. How could a developed country like Japan leave a significant part of the female population outside the educational main-stream? Japan also practised discriminatory and xenophobic attitudes towards refugees coming mainly from other Asian countries, an Expert said.

Responding to the numerous questions and comments by the Committee Experts, the members of the Japanese delegation said that with regard to foreign persons, the law punished those who discriminated against them at workplace, as well as in housing accommodations.

There were over 50,000 Koreans in Japan, and the Government had been providing education to their children, the delegation said. They also had the right to enjoy their cultural activities without any hindrance.

There was no discrimination against the Ainu, Dowa people or Korean residents in the country with regard to employment guidance and employment placement by public agencies, the delegation said. However, considering their historical background, special consideration was necessary so that they could lead more stable lives.

The delegation said that the Government of Japan considered that the employment of foreign people who came to Japan to engage in jobs requiring expert technology was not likely to cause adverse effects to the domestic labour market.

With regard to the people of Okinawa, there were difficulties because of the military base of the United States which occupied a large part of the land, the delegation said. However, the Government was making efforts to develop economic prospectives for the local population to alleviate the problems encountered by the presence of the foreign military base.

During the last six years, the Government of Japan had been monitoring the implementation of gender equality in all fields, including the professional sector and at home, the delegation said. A quota system had been established to correct the disparity that existed between men and women; however, that system was not yet functioning. Special organs had also been set up to listen to complaints lodged by women. The establishment of further organs was also envisaged to scrutinize the implementation of provisions of equality concerning women. Equal wage was obligatory for both men and women; in addition, the names of the companies that did not respect the recommendations against sexual harassment and other equality issues would be made public.

Sexual harassment was a new phenomenon to Japan and many companies did not have the know-how to deal with the problem, the delegation said. The Government had therefore established mechanisms through which sexual harassment were properly dealt with.

To firmly guarantee equal opportunity and treatment between men and women in employment, the Government had revised related laws, including the Equal Employment Opportunity Law, in 1997, the delegation said. The law prohibited discrimination against women in recruitment, hiring, assignment and promotion.

There was no sexual discrimination on the issue of inheritance, the delegation said. The law had been revised to allow women to share equally with their male counterparts. In the case of divorce, the law did not obligate the custodian of the child to receive alimony; however, there was a divorce system which facilitated such situations.

The gap between men and women in education was closing each year, however slow the pace might be, the delegation said. The Government was making additional efforts to change the situation.

The Japanese Government had already expressed remorse and sorrow with regard to the "comfort women", the delegation said. The Prime Minister of Japan had sent out letters of apology to each "comfort woman".

Concerning compulsory education in Japan, non-Japanese were accepted in the educational system and textbooks were provided to them, the delegation said. Koreans residing in Japan had the choice of attending Japanese or non-Japanese schools. The allegations of discrimination were not acceptable to the delegation. Schools which satisfied Japanese public standards were recognized, but many of them did not fulfil the requirements and students had difficulties to continue their studies in Japanese educational institutions.

The number of persons with disabilities who were registered as job seekers was increasing and the number of employed was increasing accordingly, the delegation said. The Government had also paid special attention to the education and well-being of disabled persons.

With regard to refugees, Japan had established the refugee system in 1982 and since that time 2,979 persons had sought asylum in the country, the delegation said. Out of those persons, 265 had been granted asylum status, while 312 had withdrawn their requests.

In supplementary questions, Committee Experts wanted to know if the apology was the end of the story for the Korean "comfort women", or if the Japanese Government was still discharging its responsibilities through the payment of compensation to the victims.



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