Views expressed on the outcome by the State under review and concluding remarks

4. Views expressed on the outcome by the State
under review and concluding remarks

Japan

838. At its 20th meeting, on 12 June 2008, the Council considered and adopted the outcome of the review on Japan (see section C below).

839. The outcome of the review on Japan is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/44), together with the views of Japan concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group (see also A/HRC/8/44/Add.1).

1. Views of the State under review concerning recommendations
and/or conclusions, as well as its voluntary commitments

841. He reaffirmed that several delegations had also very kindly expressed appreciation about Japan’s efforts for human rights education, for the elimination of discrimination against persons affected by leprosy - and for its assistance, including technical assistance. They also stressed their expectation for Japan’s continued efforts in those fields. He stated that Japan was willing and ready to undertake further efforts to meet those expectations. As a reappointed member of the Council for the next three years, Japan also indicated that it was willing to do its utmost to realize its voluntary pledges and commitments.

842. With reference to the 26 recommendations which the delegation received during the review by the Working Group, Japan indicated that it has submitted comments to each of those recommendations (A/HRC/8/44/Add.1) and reflect Japan’s efforts to accommodate positively many recommendations.

843. Several delegations, like Qatar, Algeria, Canada and Mexico, referred to the need for Japan to make efforts to establish a national human rights institution. The delegation clarified that, in March 2002, a bill was in fact submitted to the Parliament with a view to establishing a new human rights commission, which was expected to function as an independent administrative commission and to create a new human rights redress system. The deliberation of this bill was not completed due to the dissolution of the lower house in October 2003. While this bill did not pass, the Ministry of Justice is now continuing its efforts to review the bill.

844. A number of delegations, including Albania, the United Kingdom, Mexico, Brazil, Canada and Portugal, recommended that Japan should consider ratifying various human rights treaties, including the First and Second Optional Protocols to the International Covenant on Civil and Political Rights, the Optional Protocol to the Convention against Torture, the International Convention on the Protection of All Persons from Enforced Disappearance, the Convention on the Rights of All Persons with Disabilities and the Hague Convention on Civil Aspects of International Child Abduction. In response, the delegation explained that Japan has already ratified most of the major human rights instruments and fulfils the obligations set out in them. In April 2008, Japan submitted its third periodic report on the Convention on the Rights of the Child, its initial reports on the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, and its sixth periodic report on the Convention on the Elimination of All Forms of Discrimination against Women.

845. Japan also stated that it had already signed the International Convention for the Protection of All Persons from Enforced Disappearance and the Convention on the Rights of Persons with Disabilities and that it will proceed to the examination of ratifying them as early as possible. Japan also stated that it will consider adhering to the remaining recommended human rights treaties, except for the Second Optional Protocol to the International Covenant on Civil and Political Rights.

846. Regarding the standing invitation to special procedures of the Council, Japan will consider this on the premise that the dates and the duration of their visits will be arranged at the working level. At any rate, Japan clarified that it has been and is willing to cooperate with them and stated that it is ready to know the interests of each of them and arrange his or her visit to Japan as time permits.

847. Japan stated that the delegation of Canada recommended that the Japanese Government should take measures to eliminate discrimination based on sexual orientation and gender identity. Japan replied that for the purpose of eliminating all forms of discrimination including discrimination based on sexual orientation and gender identity, the human rights organs of the Ministry of Justice were conducting awareness-raising activities for human rights, human rights counselling, and the investigation and resolution of human rights violation cases.

848. It was stated that the delegation of Italy made a recommendation that all forms of corporal punishment of children should expressly be prohibited, and that positive and non-violent forms of discipline should be promoted. Japan accepted to follow up on the recommendation to prohibit corporal punishment of children. It was pleased to note that some of the recommended steps had already been put in practice. Japan further clarified that as for corporal punishment at schools, it was already explicitly prohibited by article 11 of the School Education Law in Japan. The Government of Japan had also been promoting appropriate guidance to students at schools based on this law and will continue such efforts.

849. The delegation of Bangladesh recommended that Japan should continue to provide financial assistance for countries in need of socio-economic development and extend support for the global effort in the realization of the right to development as stipulated in the Millennium Development Goal 8. The Japanese Government accepted to follow up on this recommendation.

850. Several delegations recommended that Japan adapt its national legislation to the principles of equality and non-discrimination, or that Japan adopt a national law against racism, discrimination and xenophobia. In response, it was stated that the Japanese Constitution, in its paragraph 1 of article 14, stipulated that all people are equal under the law. It was further clarified that Japan, based on its Constitution and relevant domestic laws, has been striving to realize a society without any form of racial or ethnic discrimination. Japan acceded to the International Convention on the Elimination of All Forms of Racial Discrimination in 1995. The International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, to which Japan became party in 1979, also prohibited discrimination on the grounds of race or ethnicity. In order to prevent human rights violations by racial discrimination, the Japanese Government has been pursuing the strict implementation of relevant domestic laws and has been promoting activities to raise public awareness.

851. The delegation of Poland made a future-oriented, forward-looking and therefore very pertinent recommendation on a human rights issue, namely the violation of human rights on the Internet. Japan replied that as for human rights violations in the Internet society, the human rights sections of the Ministry of Justice were working closely to eliminate malicious incidents, such as an intrusion of privacy or defamation, by warning the perpetrator in case the perpetrator can be identified, or by requesting the provider to remove the offending contents if the perpetrator cannot be identified. The Provider Liability Limitation Law was enacted in 2001 stipulating liability for violating human rights including defamation. As a guideline to observe this law, the Telecommunications Carrier Organizations issued the Guidelines related to Defamation and Privacy Protection for enterprises.

852. As for the question posed by Sri Lanka during the review, the Government of Japan formulated the National Youth Development Policy in December 2003, in order to indicate the future direction of the Government’s basic principles and medium and long-term measures regarding the development of youth. The Government is promoting measures for youth development in coordination among the related ministries and agencies, giving due consideration to the protection of rights of the youth, as indicated in the Convention on the Rights of the Child. Four years have passed since the initial policy, and in order to continue to promote the strengthening of its commitment for children, the Government of Japan will formulate the new policy later this year and its concrete contents will be considered by related ministries and agencies.

853. A number of delegations raised concerns on the interrogation of detainees in police custody, and recommended that the interrogation in police custody should be monitored and recorded. It further recommended that the Japanese Government should review those systems. Japan continues its efforts to ensure appropriate treatment under the substitute detention system. Although a careful consideration is needed to introduce mandated recording or videotaping of all interrogations, Japan continues its efforts to ensure appropriate interrogation.

854. On the death penalty, several delegations, including the United Kingdom, Luxembourg, Portugal, Mexico, Switzerland, Italy, the Netherlands and Turkey, made recommendations at the session of the Working Group that Japan should review urgently the use of the death penalty with a view to a moratorium and abolition. Japan reaffirmed that its position on this matter was

stated during the interactive dialogue and recorded in the report of the Working Group. Japan was not in a position either to consider granting a moratorium on executions or to abolish the death penalty.

855. The delegation of Slovakia recommended the establishment of an independent body to review asylum applications. Japan indicated that it would be delighted to explain recent developments in this field including that refugee examination counsellors are appointed from among experts specialized in a broad range of fields and operate as a neutral, third-party institution to inspect refugee applications on a secondary basis.

856. On the Ainu people, the Japanese Parliament unanimously adopted a resolution concerning the Ainu people on 6 June 2008. Responding to this resolution, the Government of Japan issued the statement by the Chief Cabinet Secretary and will plan policies in accordance with this statement.

857. The delegation of Guatemala presented a recommendation on abolishing the system established to ask citizens to provide information on migrants suspected of being in an irregular situation. Japan did not have any intention to incite racial or ethnic discrimination and careful attention was paid in the operation of the system not to incite such discrimination. Japan stated that this was necessary for the purpose of strict law enforcement aimed at illegal immigration and that information provided by people was valuable in performing the Immigration Bureau’s task.

858. As for the recommendations regarding the issue of the so-called “comfort women”, Japan stated that it continued to promote understanding in the international community with regard to the sympathy of the Japanese people represented by the Asian Women’s Fund and that it continued to have a dialogue with the treaty bodies.