Introduction | Bill | Japanese(Ver.2) | Chinese(Traditional)(Ver.1) | Korean(Ver.1)
After much discussion, Japan ratified the International Convention on the Elimination of Racial Discrimination in 1996. However, the position of the Japanese government has been that, "We do not recognize that the present situation of Japan is one in which discriminative acts cannot be effectively restrained by the existing legal system or in which explicit racial discriminative acts, which cannot be restrained by measures other than legislation, are conducted; therefore a law prohibiting racial discrimination and other legislation is not considered necessary." (Comments of the Japanese Government on the Concluding Observations of the United Nations Committee on the Elimination of Racial Discrimination regarding report and examination of the Japanese Government).
Nonetheless, as the number of foreigners living in Japan continues to increase year to year, in reality there exists strongly-rooted racial discrimination here, which includes discrimination against foreigners in labor, housing, the provision of services, and various other areas. In the Hamamatsu Jewelry Store foreigner exclusion case and the Otaru Onsen racial discrimination case, claims seeking compensation from the proprietors of discriminating businesses were upheld based on the International Convention on the Elimination of Racial Discrimination. However, such cases are just the tip of the iceberg. Relief under the Convention and in the courts, by themselves, are clearly inadequate for the elimination of discrimination. To truly do away with discrimination, we need to specify and define clear rules as to what constitutes unacceptable discrimination, clarify the responsibility of national and local governments in the elimination of discrimination, and enhance relief measures.
As evidenced by discrimination against foreigners, the existing mechanism for the protection of human rights centered on the Constitution and the courts is inadequate to provide relief for actually occurring abuses of human rights, and as such there are heightened calls for the creation of new mechanisms. Currently, debate is underway concerning the establishment of a domestic human rights body, but the fact of the matter is that nearly no debate has ensued concerning substantive law that will be applicable to such a body.
This subcommittee has targeted the enactment of substantive law for the elimination of racial discrimination as one facet of new and effective human rights protection mechanisms, and the members set forth below have prepared a draft proposal outline therefor. 'Buraku' discrimination and other serious discrimination based on traits other than race also exist in Japan, but we believe that the coverage of all discrimination under one law is not necessarily appropriate since each form of discrimination has its own characteristic aspects. As such, this subcommittee focused on the issue of discrimination against foreigners, and drafted a special law concerning racial discrimination which also addresses discrimination against foreigners.
Premised on the establishment of a truly independent national human rights body, for the time being we will assume that such a body will implement the racial discrimination elimination law. While it is necessary to also examine and propose specific relief procedures, initially we will propose the substantive law as a springboard for debate, and subsequently we will examine procedural issues.
Furthermore, the repeal of the nationality clause of the Livelihood Protection Law and measures for the realization of civil service employment rights are necessary in the event this racial discrimination elimination law is enacted. In addition, depending on the manner in which relief measures are prescribed, reservations concerning Article 4(a) and (b) of the International Convention on the Elimination of Racial Discrimination may have to be withdrawn.
This proposed outline was prepared as a springboard for debate, and we request your opinions towards improving the proposed outline.
March 15, 2003
Japan Civil Liberties Union
Subcommittee for the Rights of Foreigners