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JAPAN PRESENTS REPORT TO HUMAN RIGHTS COMMITTEE ON SITUATION OF CIVIL AND POLITICAL RIGHTS IN THE COUNTRY
28 October 1998
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MORNING
HR/CT/98/39
28 October 1998
The Human Rights Committee this morning started its consideration of the fourth periodic report presented by the Government of Japan on the efforts it has undertaken to implement the provisions of the International Covenant on Civil and Political Rights.
Nabutoshi Akao, Permanent Representative of Japan to the United Nations Office at Geneva, leading a high-level 26-member delegation, said the Government of Japan had been making great efforts to promote human rights in the world. It had, in particular, been actively cooperating with the United Nations and it supported the work of the United Nations High Commissioner for Human Rights.
In the course of the consideration of the report, several Committee members raised questions on discrimination in Japan against Korean and Taiwanese residents, and to some extent against foreigners in general.
The Japanese delegation also included senior officials from the Ministries of Foreign Affairs, Justice, Labour, Education, Science, Sports and Culture, Health and Welfare and the National Police Agency as well as members of Japan’s Mission to the United Nations Office at Geneva.
As one of 140 States parties to the Covenant, Japan is obligated to present periodic reports to the Committee on how it is complying with the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it will conclude its consideration of the fourth periodic report of Japan and provide its preliminary observations.
Report of Japan
The fourth periodic report of Japan (document CCPR/C/115/Add.3) reviews the implementation of the provisions of the Covenant on an article-by-article basis and includes statistical data and graphic illustrations. The report says that in order to ease the concerns pertaining to foreigners, particularly Korean residents in Japan, the Government is contemplating measures to exempt Korean residents from fingerprinting. The Government practises fingerprinting as a means of alien registration.
The report says that ten years have passed since the Equal Employment Opportunity Law went into effect. Nearly 50 per cent of companies have adopted the idea of assigning women to duties fitting their ability and aptitude in the same way as they do with men. The number of women holding managerial positions has also increased.
According to the report, capital punishment is still in effect. A total of 23 persons were sentenced to death in the five years from 1991-1995. All of them committed brutal murder. Under the present conditions, the majority of the Japanese people insist that capital punishment should be maintained to punish those who commit extremely atrocious offenses, the report says.
Presentation of Report
NOBUTOSHI AKAO, Permanent Representative of Japan to the United Nations Office at Geneva, said the Government had been making great efforts to promote human rights in the world. It had, in particular, been actively cooperating with the United Nations and supported the work of the United Nations High Commissioner for Human Rights.
On the preparation of the current report, Mr. Akao said that the relevant ministries and agencies of the Government had made their utmost efforts to prepare the fourth periodic report, paying due attention to the Committee's guidelines and general comments.
In addition, the Government had continued to take measures to further improve the human rights situation. The Government had established the Cabinet-level Headquarters for the Promotion of Gender Equality in 1994 and two years later, the Headquarters had adopted "The Plan for Gender Equality 2000", spelling out the direction of policy on the further realization of a gender-equal society by the beginning of the twenty-first century.
Progress had also been made in the field of labour law, Mr. Akao said, citing as one key example the revision of the Equal Employment Opportunity Law which had triggered major changes in the general attitudes of citizens and businesses towards the employment of women. However, instances still occurred in which women were not given equal treatment to men.
In conclusion, Mr. Akao said that a law on the promotion of measures for human rights protection had been passed by the National Diet, which handed the Government responsibility to promote educational and promotional measures to enhance citizen's understanding of the concept of human rights.
Consideration of Japanese Report
In response to written questions prepared by Committee members in advance, the Japanese delegation said that the provisions of the Covenant had legal effect as part of Japanese internal law as provided for by the country's Constitution. Whether or not to apply directly provisions of treaties was determined in each specific situation, taking into consideration the purpose, meaning and wording of the provisions concerned. That applied also to the Covenant.
The delegation said that Japan considered the Optional Protocol to the Covenant to be a noteworthy system for guaranteeing human rights. Japan had difficulties in harmonizing the provisions of the Optional Protocol with the Japanese judicial system, particularly maintaining the independence of the judiciary. Although Japan had not yet acceded to the Protocol, a study was being carried out on the issue of ratification.
With regard to the Second Optional Protocol, the delegation said that the abolition of the death penalty was directly related to national sentiments and domestic legislation, which was in turn was based on such sentiments. The Government of Japan would prefer to make all necessary preparations before ratifying the Protocol. There was a strong sentiment that the death penalty be maintained for extremely heinous crimes, said the delegation.
Concerning women, the delegation said that with regards to gender equality in the employment of national public service personnel, Japan had abolished restrictions on women's eligibility to take the national public service examination by amending the regulations of the National Personnel Authority. At present, there were no gender restrictions on women taking the national public service examination or being hired. The delegation said that the discriminatory compulsory retirement system and the system forcing women to retire because of marriage, pregnancy or childbirth had been formally dissolved.
A question was raised on the concept of "reasonable discrimination". In response, the delegation said that the Japanese civil code stipulated that the statuary share of succession or inheritance of a child born out of wedlock should be one half of that of a legitimate child. The Committee had already said that the provision contravened the Covenant on this issue. Nevertheless, the Government did not consider that a distinction between the statuary share in succession of a child born out of wedlock discriminated against him or her.
On the obligation to carry the certificate of alien registration, the delegation said that the system which required foreign residents to carry with them at all times the Certificate of Alien Registration aimed at ensuring the means to immediately confirm the identity and residence of foreign residents. The status of foreigners was fundamentally different from that of Japanese nationals. Failure to meet the obligation was liable to a penalty of 200,000 yen.
The delegation said that in connection with the death penalty, life imprisonment or imprisonment for a limited period were provided as optional punishments in certain incidents. Capital punishment was applied only in particularly serious crimes, such as murder, or international acts involving serious risk of injury to human life. Between 1993 and 1997, 25 persons were executed as result of being sentenced to the death penalty. There were 17 crimes which were punishable by the death sentence.
Concerning "substitute prisons", the delegation said that most police stations, 1,217 of them, had custodial facilities. These facilities could hold detainees in accordance with the criminal code procedure, as well as unconvicted prisoners detained by a detention warrant issued by a judge. Approximately 120,000 persons arrested by police each year were detained in police custodial facilities. The number of suspects whom the judges had decided to detain in police custodial facilities was about 90,000 person each year.
In additional oral questions, Committee members raised issues such as fingerprinting of foreigners; detention of refugees in the immigration detention centres; the condition of Korean children; substitute prison systems; discrimination against Korean students and other minorities; and to an extent, discrimination against foreigners in general.
HR/CT/98/39
28 October 1998
The Human Rights Committee this morning started its consideration of the fourth periodic report presented by the Government of Japan on the efforts it has undertaken to implement the provisions of the International Covenant on Civil and Political Rights.
Nabutoshi Akao, Permanent Representative of Japan to the United Nations Office at Geneva, leading a high-level 26-member delegation, said the Government of Japan had been making great efforts to promote human rights in the world. It had, in particular, been actively cooperating with the United Nations and it supported the work of the United Nations High Commissioner for Human Rights.
In the course of the consideration of the report, several Committee members raised questions on discrimination in Japan against Korean and Taiwanese residents, and to some extent against foreigners in general.
The Japanese delegation also included senior officials from the Ministries of Foreign Affairs, Justice, Labour, Education, Science, Sports and Culture, Health and Welfare and the National Police Agency as well as members of Japan’s Mission to the United Nations Office at Geneva.
As one of 140 States parties to the Covenant, Japan is obligated to present periodic reports to the Committee on how it is complying with the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it will conclude its consideration of the fourth periodic report of Japan and provide its preliminary observations.
Report of Japan
The fourth periodic report of Japan (document CCPR/C/115/Add.3) reviews the implementation of the provisions of the Covenant on an article-by-article basis and includes statistical data and graphic illustrations. The report says that in order to ease the concerns pertaining to foreigners, particularly Korean residents in Japan, the Government is contemplating measures to exempt Korean residents from fingerprinting. The Government practises fingerprinting as a means of alien registration.
The report says that ten years have passed since the Equal Employment Opportunity Law went into effect. Nearly 50 per cent of companies have adopted the idea of assigning women to duties fitting their ability and aptitude in the same way as they do with men. The number of women holding managerial positions has also increased.
According to the report, capital punishment is still in effect. A total of 23 persons were sentenced to death in the five years from 1991-1995. All of them committed brutal murder. Under the present conditions, the majority of the Japanese people insist that capital punishment should be maintained to punish those who commit extremely atrocious offenses, the report says.
Presentation of Report
NOBUTOSHI AKAO, Permanent Representative of Japan to the United Nations Office at Geneva, said the Government had been making great efforts to promote human rights in the world. It had, in particular, been actively cooperating with the United Nations and supported the work of the United Nations High Commissioner for Human Rights.
On the preparation of the current report, Mr. Akao said that the relevant ministries and agencies of the Government had made their utmost efforts to prepare the fourth periodic report, paying due attention to the Committee's guidelines and general comments.
In addition, the Government had continued to take measures to further improve the human rights situation. The Government had established the Cabinet-level Headquarters for the Promotion of Gender Equality in 1994 and two years later, the Headquarters had adopted "The Plan for Gender Equality 2000", spelling out the direction of policy on the further realization of a gender-equal society by the beginning of the twenty-first century.
Progress had also been made in the field of labour law, Mr. Akao said, citing as one key example the revision of the Equal Employment Opportunity Law which had triggered major changes in the general attitudes of citizens and businesses towards the employment of women. However, instances still occurred in which women were not given equal treatment to men.
In conclusion, Mr. Akao said that a law on the promotion of measures for human rights protection had been passed by the National Diet, which handed the Government responsibility to promote educational and promotional measures to enhance citizen's understanding of the concept of human rights.
Consideration of Japanese Report
In response to written questions prepared by Committee members in advance, the Japanese delegation said that the provisions of the Covenant had legal effect as part of Japanese internal law as provided for by the country's Constitution. Whether or not to apply directly provisions of treaties was determined in each specific situation, taking into consideration the purpose, meaning and wording of the provisions concerned. That applied also to the Covenant.
The delegation said that Japan considered the Optional Protocol to the Covenant to be a noteworthy system for guaranteeing human rights. Japan had difficulties in harmonizing the provisions of the Optional Protocol with the Japanese judicial system, particularly maintaining the independence of the judiciary. Although Japan had not yet acceded to the Protocol, a study was being carried out on the issue of ratification.
With regard to the Second Optional Protocol, the delegation said that the abolition of the death penalty was directly related to national sentiments and domestic legislation, which was in turn was based on such sentiments. The Government of Japan would prefer to make all necessary preparations before ratifying the Protocol. There was a strong sentiment that the death penalty be maintained for extremely heinous crimes, said the delegation.
Concerning women, the delegation said that with regards to gender equality in the employment of national public service personnel, Japan had abolished restrictions on women's eligibility to take the national public service examination by amending the regulations of the National Personnel Authority. At present, there were no gender restrictions on women taking the national public service examination or being hired. The delegation said that the discriminatory compulsory retirement system and the system forcing women to retire because of marriage, pregnancy or childbirth had been formally dissolved.
A question was raised on the concept of "reasonable discrimination". In response, the delegation said that the Japanese civil code stipulated that the statuary share of succession or inheritance of a child born out of wedlock should be one half of that of a legitimate child. The Committee had already said that the provision contravened the Covenant on this issue. Nevertheless, the Government did not consider that a distinction between the statuary share in succession of a child born out of wedlock discriminated against him or her.
On the obligation to carry the certificate of alien registration, the delegation said that the system which required foreign residents to carry with them at all times the Certificate of Alien Registration aimed at ensuring the means to immediately confirm the identity and residence of foreign residents. The status of foreigners was fundamentally different from that of Japanese nationals. Failure to meet the obligation was liable to a penalty of 200,000 yen.
The delegation said that in connection with the death penalty, life imprisonment or imprisonment for a limited period were provided as optional punishments in certain incidents. Capital punishment was applied only in particularly serious crimes, such as murder, or international acts involving serious risk of injury to human life. Between 1993 and 1997, 25 persons were executed as result of being sentenced to the death penalty. There were 17 crimes which were punishable by the death sentence.
Concerning "substitute prisons", the delegation said that most police stations, 1,217 of them, had custodial facilities. These facilities could hold detainees in accordance with the criminal code procedure, as well as unconvicted prisoners detained by a detention warrant issued by a judge. Approximately 120,000 persons arrested by police each year were detained in police custodial facilities. The number of suspects whom the judges had decided to detain in police custodial facilities was about 90,000 person each year.
In additional oral questions, Committee members raised issues such as fingerprinting of foreigners; detention of refugees in the immigration detention centres; the condition of Korean children; substitute prison systems; discrimination against Korean students and other minorities; and to an extent, discrimination against foreigners in general.