List of Issues:

In accordance with Article 25 of the Covenant, permanent residents of Japan who are foreign nationals should have the right to vote and to be elected at the local government level. Please explain why this right has not been secured in Japanese society.

Background:

1. The Public Offices Election Law (articles 9 and 10) and the Local Autonomy Law (articles 11, 18, and 19) explicitly state that those who have suffrage are "Japanese nationals." By this so-called "nationality clause", permanent residents from Japan's former colonies and their descendants (Koreans and Taiwanese) are not entitled to vote or to be elected. While Japan had a great historical impact on the lives of a majority of its permanent residents with foreign nationalities, its laws do not guarantee them the right to participate in public affairs through voting as residents of local municipalities. Foreign residents including permanent residents are, despite their contribution to the local community through the payment of obligatory taxes, etc., entirely denied political participation in local government.
   
   Before the war, those who were from the former colonies (Korea and Taiwan) were deemed to be "imperial subjects" and those who lived in Japan were in fact entitled to vote, to be elected, and to assume public office.
   
   However, after Japan's defeat in World War II, suffrage for the nationals of Japan's former colonies was suspended by the amended election law of the House of Representatives, which was issued on December 17 of 1945. Its appendix suspended suffrage of those to whom the Japanese Census Registration Law does not apply, and the populations of the former colonies were under either the Korean Census Registration Law or Taiwanese Census Registration Law. This "census registration clause" likewise came to be included in the election law of the House of Councilors, the Local Autonomy Law, and the Public Offices Election Law, resulting in the suspension of suffrage for the nationals of former colonies in every phase of the electoral process. Furthermore, with a mere memorandum written by a director of Justice Ministry's Civil Affairs Bureau, issued on April 19, 1952, all the nationals of the former colonies lost their Japanese nationality upon effectuation of the San Francisco Peace Treaty on April 28 of that same year. Because of this note to disqualify Japanese nationality, the nationals of former colonies and their descendants, who constitute the majority of foreign permanent residents in Japan, are denied suffrage for local government elections.
   
   
2. On February 28, 1995, the Third Petty Bench of the Supreme Court recognized Constitutional support for the suffrage of resident "foreigners". It ruled that whether or not there should be a guarantee of suffrage on a local government level for those residents with foreign nationalities, including permanent residents, is a matter that is left to the government to legislate:
   
   "It is fair to interpret the Constitution as not prohibiting the taking of measures by law to grant the right to vote for the head of local public government and members of local public counsels to those who are recognized as having particularly close relationship with their local public governmental bodies, including permanent residents, so that their opinions are reflected in the official acts of the local government with which their lives are so closely connected. Whether or not if such measures are to be taken is, however, left to government's legislative policy."
   
   Despite this ruling there has been no legislation in the Diet (the national parliament, which is composed only of Japanese nationals) that is aimed at guaranteeing permanent residents who hold foreign nationality the right to vote or to be elected in local elections.
   
   
3. While article 25 of the Covenant guarantees the right of "every citizen" to participate in public affairs, the Japanese government interprets "citizen" as meaning a "national" who holds Japanese citizenship.
   
   However, the Covenant explicitly stipulates the subject of suffrage as being a "citizen," making a clear distinction between the words "citizen" and "national." Also, the concepts of citizenship and nationality are clearly differentiated in article 24(3) of the Covenant, wherein it is provided that every child shall be entitled to hold nationality. Moreover, "citizenship" encompasses active members of one nation and society (Nowak, CCPR Commentary). Therefore, it is possible to interpret permanent residency as falling within the category of "citizen" as it is used in Article 25. In all aspects of their lives, permanent residents follow the policies and administrative decisions of the national and local governments of Japan, and they are also active members in all aspects of Japanese society.
   
   
4. Permanent residents are in fact active members of their local communities, and they contribute to various aspects of the local community by fulfilling their obligations as residents and as taxpayers.
   
   In addition, 40.88% of all local governments have adopted resolutions that request the entitlement of permanent residents to suffrage for local elections.
   
   However, the Japanese government continues to deny them local suffrage, which is a fundamental right of the residents. It is a practice that may well be in violation of Article 25 of the Covenant.
   
   The government of Japan should immediately guarantee local suffrage to those foreigners with permanent residential status.