Based on the Final Report of the Council for Human Right Promotion the Ministry of Justice has prepared a draft bill for protection of human rights (the “Bill”). The Bill was submitted to the Diet on March 8, 2002. A summary of the JCLU's comments to the Bill, as submitted to the Prime Minister on March 25, are provided below.
Although the JCLU appreciates the government's pro-activeness in drafting the Bill and promoting the protection of Human Rights in Japan, there are four areas of concern that the JCLU wishes to raise:
The Bill places the Human Rights Commission (the “Commission”) under the direct control of the Ministry of Justice as an external organ of that Ministry. It is not unthinkable that the Ministry of Justice could be the subject of a complaint made to the Commission and as such be a respondent in front of the Commission. This creates a clear potential for a conflict of interest. Therefore the JCLU insists that the Commission be put under the control of the Prime Minister as an external organ of the Cabinet Office.
In addition to the central secretariat in Tokyo, the Bill mandates that the Commission must establish regional secretariats. Under the proposed Bill such regional secretariat positions may be filled by officials from the District Legal Affairs Offices of the Ministry of Justice in each region. In order to insure the Commission's independence, the JCLU takes the position that the regional secretariat positions should not be open to other governmental organs or their officials, including the Ministry of Justice.
The following activities are potentially subject to the affirmative remedies imposed by the Commission under the Bill: invasions of individual privacy by the news media; defamation of individuals by the news-media; and excessive coverage, i.e. coverage invasive of the ordinary peaceful life of citizens. The JCLU, however, takes the position that mass-media-coverage should note be made subject to the Commission's non-judicial remedial system. To the extent such coverage is brought within the ambit of the Commission's remedial system it should be explicitly excluded from any of the affirmative remedies that can be imposed by the Commission.
The remedy system provided under the Bill allows direct restriction of both the coverage and content of news reports. This system is in direct conflict with Japan’s Constitution, namely with article 21 of the Constitution which enshrines the principle of freedom of expression and freedom of the press. The JCLU recognizes that privacy infringements by the news media do occur with some frequency and are the subject of public controversy in Japan today. However, this behavior by the news media should not be dealt with in the same way as the human rights infringements, discrimination and abuse, covered under the Bill. In light of the constitutional guarantee and the importance of the freedom of expression and freedom of press in a democratic society, governmental interference in these activities should be as limited as possible. Remedies against such media behavior should be found primarily in the self-regulatory systems set up by the media and, where government intervention is required, in the courts.
Similarly to the news media activities discussed above, hate speech may be subject to affirmative remedies imposed by the Commission under the Bill. Again, the JCLU recognizes the problem and the need to limit hate speech and speech that causes discriminatory acts. However, as outlined above, the constitutionally protected freedom of expression demands that such speech not be made subject to the affirmative remedies of the Commission. Instead protection against such speech should be left in the hands of the judicial system.
In conclusion, the JCLU demands that drastic amendments be made to the Bill, in accordance with the issues raised and outlined above, followed by the re-submission of the Bill to the Diet.