HUMAN RIGHTS PROTECTION IN THE LAND OF RISING

SUN
Khoo Ying Hooi

Human Rights Commitments

Navi Pillay, the UN High Commissioner for Human Rights was in Japan
for three days official visit, 13-15 May where she met with the Prime
Minister Yukio Hatoyama, Foreign Minister Katsuya Okada and Justice
Minister Keiko Chiba, as well as with other senior government officials
including Sadako Ogata, President of Japan International Cooperation
Agency (JICA) and former UN High Commissioner for Refugees. Among
the issues being discussed including discrimination, treatment of
migrants, methods to combat trafficking, and the death penalty.

In Japan today, most of the human rights violations occur are on

discrimination against people of Buraku origin, Ainu people, and
foreign residents; xenophobia; child abuse; domestic violence and
discrimination based on disabilities. There are also reported violations
by public authorities such as abuses in prisons, immigration detention
facilities and police cells.

The Democratic Party of Japan ended the Liberal Democratic Partys

half-century dominance of the government in its landslide victory on
August 30, 2009. In its manifesto, the new Prime Minister Yukio
Hatoyama spelled out significant human rights commitments both at
home and abroad. The appointment of Keiko Chiba, a prominent
advocate in the abolition of death penalty as the Minister of Justice is
expected to bring progressive agenda to the institutional reform.

Among the pledges was the establishment of a national human rights

institution. The creation of a Japanese national human rights institution
just like other institutions in the region will become an indispensable
bridge between the countrys human rights protection system and the
community. More than 100 states in the world have now created a
national human rights institution, in which15 are in the Asia-Pacific
region.

Japan is already a party to the major international human rights

treaties and is now committed to signing additional protocols.

Steps such as these would fulfil many of the recommendations made

to Japan over the years by various UN mechanisms, including the

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Human Rights Councils Universal Periodic Review (UPR) that allow
which all 192 UN member states to have their human rights record
examined by their peers. Japan was evaluated under the UPR in 2008,
and received 26 recommendations, of which it accepted 14 including
the establishment of a national human rights institution.

Currently, there is no national human rights institution in Japan that is

independent from the government. All that exists is the Human Rights
Bureau of the Ministry of Justice. The Bureau covers human rights
promotion, human rights counseling, investigation and resolution of
human rights infringement cases, and the civil legal aid system. It
employs about 250 people, who, except for 15-20 full-time staff, hold
other posts at the same time.

Human Rights Protection Bill

The Ministry of Justice drafted a Human Rights Protection Bill and

submitted it to the Diet in March 8, 2002. The bill includes the
establishment of a national human rights institution. The bill however
has met strong objections from various sectors; not only from its own
members of the legislature but also from the civil society groups. The
Japanese legislature was forced as a result to postpone the early
enactment of the bill into law.

Generally, the human rights groups feel that the bill has failed to
achieve the requirements set by the Paris Principles.

Among the issues raised:

The definition of human rights violation is unclear and might

infringe other rights protected by the Constitution;
The independence and ability of the institution would be
undermined because it is subject to the jurisdiction of the
Minister of Justice with the existing Human Rights Bureau as the
secretariat;
There are provisions in the Bill which might deter investigation
and reporting by the media;
Unclear selection process of the Civil Liberties Volunteers, who
would engage in providing remedies to the violations. Civil
Liberties Volunteers will only be able to provide advice and
conduct general inquiries, but will not have any authority for
special investigations;
Only one central office will be established, and its members are
expected to act on human rights issues from all over the country.

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The Bill although represents a first step towards a new system of
human rights protection law in Japan, however, is not in line with the
requirements set by the Paris Principles, and therefore requires drastic
amendments.

An Independent Human Rights Commission: A Dream Come

True?

As one of the 47 members in the UN Human Rights Council, Japan is

apparently a significant player for the Asia Pacific region as it has the
potential of being a leader in the cultivation of a human rights culture
along with other national human rights institutions in the region. There
is indeed urgency for the Japanese government to set a clear time line
and stages for the process of the establishment of such institution.
Progress on these issues will indicate the degree to which Japans new
governors are willing to expand political capital on poorly understood
measures related to human rights protection.

The idea of an independent national human rights institution has been

around for a long time. However, just like what a Japanese friend of
mine recently told me, thus far, the governments promise remains as
promise. Though he is hopeful to Chibas September 16 declaration as
the Minister, to establish a human rights commission as the first step
to help build a society that respects human rights and a judicial system
that is close to the people.

END.
May 2010