List of issues:

1. The Optional Protocol to the Covenant
   
   

   Please make clear what the prospects are of ratifying the "first" Optional Protocol to the Covenant.
   
   What are the obstacles to ratification? Specifically, please elaborate in concrete terms on the problem in "maintaining the independence of the judiciary," that is described in the Government Report as an obstacle to ratification.
   
   Some countries that, like Japan, constitutionally provide for "the independence of the judiciary" have already ratified the Optional Protocol. Please clarify on conditions that are specific to Japan, should there be any, that the issue of "the independence of the judiciary" becomes an obstacle to ratification.
   
   

2. The Convention against Torture
   
   

   Fortunately, according to the Government Report, the Japanese government appears to be positively considering ratification of the Convention against Torture and Other Cruel, Inhuman Degrading Treatments or Punishments. Please make clear what the prospects are of ratification, including the expected date of ratification and subsequent amendments to domestic law.
   
   

3. The International Convention on the Elimination of All Forms of Racial Discrimination
   
   

   Japan ratified the Covenant without any reservation on Article 20 that prohibits war propaganda and the advocacy of hatred. However, Japan ratified the International Convention on the Elimination of All Forms of Racial Discrimination with a reservation on paragraphs (a) and (b) of Article 4 that provide for the same effect. Please elaborate on this difference in treatment.
   
   Is there a plan to declare Japan's recognition of the right of individual communication provided for under Article 14 of the Convention? If no, please elaborate on the obstacles to making a declaration.

Background:

Among principal international human rights instruments, Japan has not ratified the "first" Optional Protocol to the Covenant and the Convention against Torture. Japan ratified the International Convention on the Elimination of All Forms of Racial Discrimination in 1995 but with a reservation on Article 4 of that Convention.

Despite the Committee's recommendation of 1993 that Japan be a party to the Optional Protocols to the Covenant and the Convention against Torture (paragraph 16), Japan has failed to do so.

The Japanese government merely repeats the same general and abstract reasons as before for not ratifying the Optional Protocol, the Convention against Torture, and placing a reservation on Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination.

The JCLU hopes that the present review will have further constructive discussions, and that the committee will give a stronger recommendation to the Japanese government.