1. The Human Rights Committee considered the third periodic report of Japan(CCPR/C/70/Add.1 and Corr.1 and 2) at its 1277th to 1280th meetings heldon 27 and 28 October 1993, and adopted the following comments: [1. At its1290th meeting (forty-ninth session) on 4 November 1993.]

A. Introduction

2. The Committee commends the Government of Japan on its excellent report,which has been prepared in accordance with the Committee's guidelines forthe presentation of State party reports and submitted on schedule. The Committeeappreciates, in particular, the participation in its consideration of thereport of a competent delegation from the Japanese Government, which consistedof experts in various fields relating to the protection of human rights.The Committee is of the view that the detailed information provided by thedelegation in its introduction of the report, as well as the comprehensivereplies furnished to the questions raised by the Committee members, contributedgreatly to making the dialogue fruitful.

3. The Committee notes with appreciation that the Japanese Government gavewide publicity to its report, thus enabling a great number of non governmentalorganizations to become aware of the contents of the report and to makeknown their particular concerns. In addition, some of them were presentduring the Committee's consideration of the report.

B. Factors and difficulties affecting the implementationof the Covenant

4. The Committee notes that the Japanese Government sometimes experiencesdifficulties in taking measures to implement the Covenant due to varioussocial factors, such as the traditional concept of the different roles ofthe sexes, the unique relationship between individuals and the group theybelong to, and particularities associated with the homogeneity of the population.

C. Positive aspects

5. The Committee takes note with satisfaction of the serious approach theJapanese Government has taken in dealing with issues relating to civil andpolitical rights, and of its commitment to fulfill its obligations underthe Covenant.

6. The Committee is of the view that the human rights situation in Japanhas improved since the consideration of the second periodic report of thatState party in 1988, and that there is generally a good regard for humanrights in the country.

7. Furthermore, the Committee notes with appreciation that Japan activelyassists in the promotion of human rights at the international level. Italso notes that there is awareness in the Japanese society of the provisionsof the Covenant; this awareness is confirmed by the interest expressed bymany Japanese non-governmental organization in the Committee's considerationof the third periodic report of Japan.

D. Principal subjects of concern

8. The Committee believes that it is not clear that the Covenant would prevailin the case of conflict with domestic legislation and that its terms arenot fully subsumed in the Constitution. Furthermore, it is also not clearwhether the "public welfare" limitation of articles 12 and 13of the Constitution would be applied in a particular situation in conformitywith the Covenant.

9. The Committee expresses concern at the continued existence in Japan ofcertain discriminatory practices against social groups, such as Korean permanentresidents, members of the Buraku communities, and persons belonging to theAinu minority. The requirement that under the penal law alien permanentresidents must carry documentation at all times, while this does not applyto Japanese nationals, is not consistent with the Covenant. Moreover, personsof Korean and Taiwanese origin, who served in the Japanese Army and whono longer possess Japanese nationality are discriminated against in respectof their pensions.

10. In addition, the Committee expresses concern at other discriminatorypractices that appear to persist in Japan against women, with regard toremuneration in employment, and notes that de facto problems of discriminationmore generally continue to exist. The Committee acknowledges the fact thatlegal measures have been taken by the Japanese authorities to forbid thosepractices and that there are comprehensive programs to promote equal opportunity.However, it appears that a certain gap exists in Japan between the adoptionof legislation and the actual behavior of certain sectors of society. TheCommittee notes that recourse for settlement of claims of discriminationagainst trade-union activists is very protracted.

11. The Committee is particularity concerned at the discriminatory legalprovisions concerning children born out of wedlock. In particular, provisionsand practices regarding the birth registration forms and the family registerare contrary to articles 17 and 24 of the Covenant. The discrimination intheir right to inherit is not consistent with article 26 of the Covenant.

12. The Committee is disturbed by the number and nature of crimes punishableby the death penalty under the Japanese Penal Code. The Committee recallsthat the terms of the Covenant tend towards the abolition of the death penalty,and that those States which have not already abolished the death penaltyare bound to apply it only for the most serious crimes. In addition, thereare matters of concern relating to conditions of detainees. In particular,the Committee finds that the undue restrictions on visits and correspondence,and the failure of notification of executions to the family are incompatiblewith the Covenant.

13. The Committee is concerned that the guarantees contained in articles9, 10, and 14 are not fully complied with, in that pre-trial detention takesplace not only in cases where the conduct of the investigation requiresit; the detention is not promptly and effectively brought under judicialcontrol and is left under the control of the police; most of the time interrogationdoes not take place in the presence of the detainee's counsel, nor do rulesexist to regulate the length of interrogation; and the substitute prisonsystem (Daiyo Kangoku) is not under the control of an authority separatefrom the police. In addition, the legal representatives of the defendantdo not have access to all relevant material in the police record, in orderto enable them to prepare the defense.

14. The Committee regrets that appears to be a restrictive approach in certainlaws and decisions as to the respect of the right to freedom of expression.

15. The Committee notes with concern the exclusion of Koreans from the Government'sconcept of minorities. This is not justified by the Covenant, which doesnot limit the concept of minority to those who are nationals of the Stateconcerned.

E. Suggestions and recommendations

16. The Committee recommends that Japan becomes a party to both OptionalProtocols to the international Covenant on Civil and Political Rights andto the Convention against Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment.

17. The Committee also recommends that the Japanese legislation concerningchildren born out of wedlock be amended and that discriminatory provisionscontained therein be removed, to bring it into line with the provisionsof articles 2, 24 and 26 of the Covenant. All discriminatory laws and practicesstill existing in Japan should be abolished in conformity with articles2, 3 and 26 of the Covenant. The Japanese Government should make effortsto influence public opinion in this respect.

18. The Committee further recommends that Japan take measures towards theabolition of the death penalty and that, in the meantime, that penalty shouldbe limited to the most serious crimes; that the conditions of death rowdetainees be reconsidered; and that preventive measures of control againstany kind of ill-treatment of detainees should be further improved.

19. With a view to guaranteeing the full application of articles 9, 10,and 14 of the Covenant, the Committee recommends that pre-trial proceduresand the operation of the substitute prison system (Daiyo Kangoku) shouldbe made to be compatible with all requirements of the Covenant and, in particular,that all the guarantees relating to the facilities for the preparation ofthe defense should be observed.

PAGE TOP