III. Article 3

Prohibition of Apartheid

45. Apartheid does not exist in Japan. Such a policy is prohibited in Paragraph 1 of Article 14 of the Constitution, which guarantees equality under the law without racial or any other forms of discrimination.

46. Japan has consistently maintained a firm position against racial discrimination and has always opposed to apartheid, which contravenes one of the purposes of the United Nations Charter, that is, the principle of equality of race and respect of fundamental human rights. From the time that conditions worsened in South Africa in 1960, the international community had gradually increased sanctions against South Africa. When the United Nations General Assembly and the Security Council had repeatedly adopted anti-apartheid resolutions beginning in the 1960's, Japan actively supported these resolutions. Under these circumstances, Japan imposed various sanctions against South Africa in cooperation with the international community to urge the abolition of apartheid in South Africa, including interruption of full diplomatic relations (only consular relations were maintained), a ban on direct investment, a request for self-imposed restrictions on financing, restrictions on sports/culture/education exchanges, a ban on the export of arms, anti-South African import restrictions, restriction of tourism, suspension of air routes between the two countries, among others.

As a result of international efforts, democratization in South Africa developed sufficiently to achieve the abolition of apartheid. The international community generally welcomed and supported these developments, and Japan consequently had lifted all sanctions by January 1994. ( Diplomatic relations were resumed in January 1992.)

47. Japan funded the United Nation Southern Africa Educational Training Project, the United Nations South Africa Trust Fund, Anti Apartheid Public Relations Trust Fund, and the Japan/EC Joint Project to Support Southern African Colored People (support for Kagiso Trust, a South African domestic support group, based on the recognition that, in the transitional phase of establishing a new system after apartheid, giving support to people of colour in South Africa would facilitate the South African peace process and contribute to the raising of the future generation who would play a role in a new political and economic system. In addition, Japan began new programmes in 1990 such as Small-Scale Grant Assistance and Assistance of JICA trainees. It also has supported the returning of South African refugees by funding UNHCR.

48. Japan welcomes the fact that South Africa brought apartheid to an end and carried out an historic, first general election in April 1994 in which all races, including Blacks, participated. Japan evaluates this incident in South Africa as a successful example of a peaceful shift to a new political system with the spirit of reconciliation and dialogue, and recognizes that the stability and development of South Africa is important to all Africa. From this point of view, as a responsible member of the international community, Japan decided to reinforce its support for South Africa and announced in July1994 that it would give a total of 1.3 billion in aid to South Africa over a period of two years (300 million from ODA, 500 million financing by Export-Import Bank of Japan, 500 million credit line for trade/foreign investment insurance). Japan endeavors to maintain its support on such a substantial scale, even after the above-mentioned support package programmes end. Japan expressed the policy at the inauguration of new president who was elected through the general election held in June 1999, which was the second democratic election in the history of South Africa.

IV. Article 4

Reservations

49. In concluding the said Convention, Japan made the following reservation about Paragraphs (a) and (b) of Article 4.

"In applying the provisions of paragraphs (a) and (b) of Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, Japan fulfills the obligations under those provisions to the extent that fulfillment of the obligations is compatible with the guarantee of rights to freedom of assembly, association and expression and other rights under the Constitution of Japan, noting the phrase 'with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in Article 5 of this Convention' referred to in Article 4."

50. The reason for this reservation is as follows.

The Constitution of Japan guarantees freedom of assembly and association as well as speech, press and all other forms of expression under the provision of Article 21, Paragraph 1 (hereinafter "freedom of expression"). Freedom of expression is one of the most important rights among fundamental human rights since it is an indispensable prerequisite for people to participate in politics and is directly related to the respect of an individual's dignity. In view of the importance of freedom of expression, excessively broad restrictions on freedom of expression are interpreted not to be permitted under the Constitution, and the necessity and rationale for such restrictions are strictly demanded even in cases that entail a conflict with the rights of other persons. This principle is applied even more strictly in cases where acts of expression are restricted by penalties, the most strict of sanctions. Article 31 of the Constitution of Japan guarantees the principle of legality of crime and punishment, requiring that the criminal laws provisions shall be as concrete and clear as possible in stating the practices to be punishable and the penalties to be meted out.

Article 4 (a) and (b) of the said Convention request State Parties to punish dissemination of ideas based on racial superiority or hatred and incitement to racial discrimination. In Japan, it is possible to punish such practices as long as it is compatible with the Constitution; accordingly, Japan fulfills the obligation requested by the said Convention to that extent. However, as stated above, to control all such practices with criminal laws and regulations beyond the current legal system is likely to be contrary to the freedom of expression and other freedoms as guaranteed by the Constitution. This is because the concept referred to in the said Articles may include various practices under diverse conditions. Therefore, Japan has decided to fulfill obligations stipulated in Article 4 of the said Convention so long as they do not contradict the guarantees of the Constitution of Japan, while paying due regard to the rights proclaimed by the Universal Declaration of Human Rights.

51. In Japan, the implementation of domestic laws to prevent human rights violations by discrimination and activities to raise public awareness of human rights have proved to be successful in eliminating discriminatory practices and preventing future reoccurrences of such practices. The Government believes that respect of human rights by the general public should be essentially enhanced through free speech guaranteed by freedom of expression, and that it is most appropriate that a society itself eliminate any existing discrimination and prejudice with its own will by respecting the Constitutional provision prohibiting the abuse of freedom and rights. It is hoped that public relations activities conducted by the Government will facilitate such a self-cleansing action in the society.

Punishment of Dissemination, Incitement and Violence

52. As is clear from Japan's reservation to the said Convention regarding all dissemination of ideas based on racial superiority or hatred, there are no specific provisions that stipulate what constitutes racially discriminatory expression, that is, dissemination of ideas based on racial superiority or hatred, as a criminal act, considering the importance of the freedoms of assembly, association and expression as guaranteed by the Constitution. However, if the content damages the honor or credit of a specific individual or group, such dissemination of ideas is punishable as a crime of defamation (Article 230, Penal Code), insult (Article 231), or damage to credit, obstruction of business (Article 233) of the Penal Code. If such activities include threatening contents against a specific individual, they are punishable as a crime of intimidation (Article 222), collective intimidation and habitual intimidation (Article 1 and Article 1-3 of the Law concerning Punishment of Physical Violence and Others).

53. Incitement to racial discrimination is punishable as a crime of instigation (Article 61,Penal Code) or assistance (Article 62) of the crimes if an act constitutes one of the above-mentioned crimes. If an instigation or assistance in a violation of a law prohibiting discriminatory treatment, such as the provision of equal treatment by public officials (Articles 27 and 109 of the National Public Service Law, Articles 13 and 60 of the Local Public Service Law), is also punished.

54. With regard to punishing violent acts against any race or group of persons of another colour or ethnic origin, the Penal Code contains riot provisions, for cases in which a large number of persons assemble and use violence or threat (Article 106), and other criminal provisions, such as rape (Article 177), homicide (Article 199), bodily injury (Article 204), unlawful meeting and assembly with dangerous weapons (Article 208-2) and robbery (Article 236), though there is no specific law to severely punish violence against a certain group. Moreover, the Law Concerning Punishment for Physical Violence and Others penalize collective violence/intimidation/destruction of utensils (Article 1) and habitual violence/bodily injury/destruction of utensils (Article 1-3). The Explosives Control Act and the Law Punishing Use, etc. of Glass Bottle Grenades also penalize respectively using, etc. explosives and glass bottle grenades.

55. If an act constitutes one of the crimes referred to in the preceding paragraph, incitement to the act is punishable as a crime of instigation (Article 61, Penal Code) or assistance (Article 62) of the crimes. In addition, Article 206 of the Penal Code punishes anybody who encourages the offender in injuring another person at the scene of the crime.

56. If a person assists in committing any of the above-mentioned racist activities, including the financing thereof, he/she will be punished as having committed the crime of assistance according to Article 62 of the Penal Code.

57. In relation to Article 4 of the Convention, there were a number of incidents of harassment and assaults against the Korean students across Japan from the spring to the summer of 1994. They included discriminatory words and behavior against female students of Korean schools, discriminatory graffiti in railway station restrooms and incidents of assault by ripping chima chogori (Korean ethnic dress), to all of which the Government paid great attention in the light of the protection of human rights.

The police attempted to arrest the offenders quickly and to prevent further these incidents from happening by reinforcing patrols in possible trouble areas during commuting hours with the close teamwork of the related authorities and the cooperation of schools.

(a) Police arrested an adult on a charge of assault and destruction of property on suspicion of ripping off a 13-centimeter long, 9-cenimeter wide piece of cloth from the waist of the chima (skirt) of a female Korean school student on a train.

(b) Police arrested a boy on charges of physically assaulting another boy. He was suspected of striking and hurting a male Korean school student who was playing at an amusement center. Moreover, after North Korea's launch of the missile in August 1998, six cases of harassment to Korean schools and students in Japan were reported to police by the end of December 1998. These six cases include the following: one female Korean student had her school bag cut in the train (Tokyo); one male Korean student was punched in the stomach on his way to school (Tokyo); a female Korean student had her hair pulled on her way to school (Aichi); a Korean female student had her hand slashed at a railway station on her way home (Tokyo); and two Korean schools in Osaka and Gifu had graffiti scribbled on the walls. The police are continuing their investigation into these cases.

The human rights organs of the Ministry of Justice collected relevant information, and investigated suspicious cases of human rights infringement, hearing from the parties concerned. To prevent any reoccurrence of harassment, they also carried out campaigns to draw people's attention to human rights so that people would be fully aware of the human rights of foreign residents, including Koreans, and thus eradicate such harrasments, distributed leaflets calling for an end to discrimination, put up awareness posters, appealed for "a stop to any discrimination or harassment against foreign people" on street corners, offered counseling to students and children of Korean residents, and added "the issue of human rights of foreign residents in Japan" to lecture and symposium topics.

After North Korea's launch of the missile in August 1998, there occurred many cases throughout Japan which could not be overlooked in light of human rights protection. For example, discriminatory words or behavior, or graffiti on public facilities voicing out against Korean children and students in Japan. The Civil Liberties Bureau of the Ministry of Justice has endeavored to gather information and investigate into the facts, and in addition, for the aim of eradicating such cases, gave an order to the Regional Legal Affairs Bureau and its local offices on September 10, 1998, to strengthen the necessary measures to raise people's awareness of the issues on Koreans in Japan. For specific measures, they have handed out leaflets and fliers and put up posters calling for the prevention of discrimination against Koreans, on the way to schools or organizations that Korean children and students frequently use. Also, depending on the areas, officers in the aforementioned bureau and offices actually visit Korean schools, and encourage the students to contact the human rights organs of the Ministry of Justice if they have suffered any harassment.

Regulations in the Field of Information

58. In Japan, the Broadcast Law provides that broadcasters shall, in compiling programmes for domestic broadcasting, not disturb public security, good morals and manners, be politically impartial, broadcast news without distorting acts, etc. The said Law also provides that they shall establish the standards for compilation of broadcast programs (standards of broadcast programs), compile the broadcast programs in accordance with the standards, and have the Consultative Organization on Broadcast Programs for the purpose of maintaining the appropriateness of broadcast programs. Under these provisions, it is a duty of each broadcasting company to broadcast properly, lest any broadcast program should harm public security, good morals and manners by disseminating or inciting racial discrimination and by justifying or encouraging violence.

59. The Japan Newspaper Association established by the national daily newspaper companies tries to ensure a high ethical standard by formulating "Newspaper Ethical Principles" as their guide and by imposing self-control on freedom of the press and expression.

60. As to the Internet, which recently has become remarkably widespread, the Association of Electronic Networks organized by personal computer communication service providers, formulated "the Code of Ethics" and "the Rules and Manners for users of Personal Computer Communication," trying to prevent ethical problems, such as slander or abuse of others based on racial hatred, from arising. In addition, following the report of the study group submitted in December 1997 by the Ministry of Posts and Telecommunications, the Association of Telecommunication Services organized by Internet providers announced the guidelines for the response of the businesses providing the Internet connection services, etc. in February 1998. Their contract for maintaining a computer network stipulates that the users shall not provide any illegal or harmful information including discriminatory acts, and independent measures such as the deletion of the inappropriate content will be taken in case of violation of this contract.

Prohibition of Activities to Incite Groups

Article 4 (b) of the International Convention on the Elimination of All Forms of Racial Discrimination stipulates that "organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination," are prohibited and considers "participation in such organizations or activities" as an offense punishable by law.

No provision exists in Japan under the present legal system that would prohibit specific organizations or activities from promoting racial discrimination or incitement, or which would punish participation in such organizations. However, if an organization promoting or inciting racial discrimination engages in violent, destructive activities contrary to the Subversive Activities Prevention Law, the said Law, under certain conditions, may restrict its activities, order its dissolution, or punish it or its members for the accusation of law violation.

There has been no case in where the Subversive Activities Prevention Law applied to organization promoting and inciting racial discrimination so far.

V. Article 5

Tribunals and All Other Organs Administering Justice

62. In Japan, if the people's rights are infringed, they can receive redress by trial. The Constitution of Japan prohibits racial discrimination in Article 14, and stipulates that "no person shall be denied the right of access to the courts" in Article 32. Thus, all people are guaranteed equal right of access to the courts without racial or ethnic discrimination.

The Constitution also stipulates in Article 76, Paragraph 3, that "all judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws" to ensure independent and fair trials as well as the judges' status. Trials and judgment on issues concerning people's rights guaranteed by the Constitution shall be conducted publicly (Article 82).

The Right to Security of Person and Protection by the State

63. In Japan, the right to security of a person against violence or injury and protection by the State is guaranteed without racial or ethnic discrimination as follows:

The Constitution of Japan stipulates that "all of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall,...be the supreme consideration " (Article 13); "No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited." (Article 18); and, "No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law." (Article 31), and thereby respects to the utmost people's physical safety. It also provides the principle of equality in Article 14.

The Penal Code deals with crimes, such as riot (Article 106), rape (Article 177), homicide (Article 199), bodily injury (Article 204), violence (Article 208), unlawful meeting and assembly with dangerous weapons (Article 208-2), arrest and confinement (Article 220) and robbery (Article 236). Special Laws, including the Law Concerning Punishment for Physical Violence and Others, also stipulates provisions of crimes regarding violent conduct and thereby penalize violence and injuries. These provisions are applied equally regardless of who the victims are.

64. Article 99 of the Constitution imposes on public officials, in particular, the obligation to respect and uphold the Constitution, and Article 36 of the Constitution prohibits infliction of torture by public officers. In line with these provisions, the Penal Code provides crimes including a crime of abuse of authority by a special public officer (Article 194) and the crime of violence or cruelty by a special public officer (Article 195). These officers are subject to strict punishment.

If a law enforcement officer engaged in an investigation of criminal suspects carries out acts of violence or cruelty and others, he/she will also be accused of the above-mentioned crimes, such as the crime of abuse of authority by a special public officer or the crime of violent or cruel conduct by a special public officer, and will be subject to strict disciplinary action. Although the occurrence of such cases is extremely rare, law enforcement officers are required to undergo various training after their appointment, appropriate to their level of experience, in order to acquire insight and further develop their awareness of human rights. Moreover, in the process of discharging their duties, superiors who instruct and oversee junior officers strive to ensure that junior officers are better educated and the ocurrence of such cases may thus be avoided.

Article 709 of the Civil Code stipulates that a person can claim compensation for damages from the offender when the person has suffered damage resulting from violence or physical injury. If such conduct is inflicted by a public official, Article 17 of the Constitution assigns the liability to the State or a public entity by stipulating that "every person may sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal law of any public official." Based on these Articles, the Law Concerning State Liability for Compensation was enacted, which assigns the liability to the State in cases where any public official of the State or a public entity illegally inflicts damage upon a third person, whether intentionally or by negligence, in carrying out his/her duty.

Ensuring the Security of Foreign Residents in Japan

Foreigners are likely to be isolated from the local residents due to differences in lifestyles or customs and have relatively greater difficulty in obtaining information on the security of the community.

The police give guidance on security in daily life through lectures on security for new foreign residents in Japan and by distributing pamphlets in foreign languages on prevention of crime to prevent foreign residents from suffering criminal damages. The police also offer counseling services to mitigate any concerns foreign residents may have in their daily life.

Following the increase in telephone calls from foreigners, the police are taking appropriate measures such as the placement of foreign language speaking personnel in control centers.

Political Rights

Suffrage

66. In Japan, an equal election is guaranteed under the following provisions of the Constitution. The Constitution of Japan holds the sovereignty of the people as one of its fundamental principles and stipulates in Paragraph 1 of Article 15 that people have the inalienable right to choose their public officials and to dismiss them. Paragraph 3 of the said Article guarantees the right to vote to all reaching majority. Article 14 of the said Constitution prohibits racial discrimination, and Article 44 prohibits racial discrimination in the qualifications to be a Diet member.

As the Public Offices Election Law provides that Japanese nationals over twenty years of age have a right to elect a member of the House of Representatives and the House of Councilors based on the principles of the Constitution (Article 9, Paragraph 1), the right to vote is given to all nationals regardless of their race or ethnicity. The said Law also stipulates that Japanese nationals aged over twenty five are eligible to be a member of the House of Representatives and those over thirty, a member of the House of Councilors. (Article 10, Paragraph 1) Thus, the right to be elected is also guaranteed to all nationals regardless of their race or ethnicity.

Regarding local suffrage, the Public Offices Election Law and the Local Government Law guarantee the right to vote to all Japanese nationals over twenty years of age who have resided in the said prefecture or municipality for more than three consecutive months. Japanese nationals over thirty are eligible to run for the office of the governor of a prefecture; those over twenty-five years of age, for the office of the mayor of a municipality. Japanese nationals over twenty-five years of age with the right to vote for local government representatives are eligible to be elected representative of that local government. Thus, under the above-mentioned conditions, the right to vote and the right to be elected are given equally to all Japanese nationals regardless of their race or ethnicity.

67. Article 15, Paragraph 1 of the Constitution states the right to vote and the right to be elected as "inalienable rights" of the people, which are interpreted to be applicable only to Japanese nationals, not guaranteed to foreigners. On the other hand, it is possible for foreigners to make requests, complaints and proposals to the appropriate government or local public entities. With the recognition that public management, which is very closely related to the everyday lives of residents, should be carried out by each local government based on the will of the local residents, two local governments have established a foreign citizens representative council. (*10) The council can deliberate and give opinions on local governmental measures, especially those concerning foreigners. Moreover, some local governments have reserved a limited number of seats for foreigners in the councils so that the will of foreign residents, who are now considered to be deeply involved in the local community, is reflected in the local policies. (*11)

The Right to be Employed in Public Office

68. Japanese nationality is required for civil servants who participates in the exercise of public power or in public decision-making. On occasion of employment, Article 27 of the National Public Service Law and Article 13 of the Local Public Service Law provide that all nationals are treated equally in application of these Laws and that they are not discriminated against by race or for other reasons. Thus, racial or ethnic discrimination is prohibited.

Freedom of Movement and Residence

69. The Constitution provides the principle of equaity in Article 14 and guarantees freedom of movement and residence to the extent that it does not interfere with the public welfare referred to in Article 22.

The Right to Leave and Enter Japan

70. The Constitution stipulates equality under the law in Article 14 and the freedom to move to a foreign country in Article 22, Paragraph 2. Thus, freedom to leave and enter Japan is guaranteed to all Japanese nationals regardless of their race or ethnicity. There is no provision in the Constitution about the right to return to the own country, but it is understood to be guaranteed as a matter of course.

The Immigration Control and Refugee Recognition Act provides the procedures of confirmation upon leaving or returning of Japanese nationals (Articles 60 and 61), but this does not restrict leaving or re-entering itself. (Article 13, Paragraph 1, respective Items of the Passport Law stipulate cases of restricting the issuance of passports, such as to criminals or those who are likely to damage Japanese national interests or public security.)

71. For foreigners, the freedom to leave Japan is interpreted as guaranteed by Article 22,Paragraph 2 of the Constitution. The Immigration Control and Refugee Recognition Act also stipulates the procedures for confirmation upon a foreigner's departure from Japan (Article 25); confirmation of departure from the country may be temporarily suspended if a foreigner is being prosecuted or under arrest for having committed a serious offense (Article 25-2), but this law itself does not restrict the departure of foreigners.

Foreigners are required to possess valid passports (except for flight crews), obtain appropriate visas for their passports (except nationals of countries with which visa exempted reciprocally by treaty), and fall under any status of residence (See para 16 for residence requirements.) according to the Immigration Control and Refugee Recognition Act. Those who do not satisfy certain conditions for landing are not permitted to land in order to preserve the security of the nation and public order, even if they fall under any status of residence (Article 5 of the said Law). However, people are treated equally based on the principle of Article 14 of the Constitution in the application of these provisions.

The Right of Nationality

72. With regard to the acquisition of nationality by birth, Article 2 of Japan's Nationality Law provides that a child shall be a Japanese national in the following cases: when either the father or the mother is a Japanese national at the time of the birth of the child (Item1); when the father who have died prior to the birth of the child was a Japanese national at the time of his death (Item 2); when both parents are unknown or have no nationality in a case where the child was born in Japan (Item3).

The Nationality Law stipulates the acquisition of nationality by making notification in Article 3 and Article 17, Paragraphs 1 and 2. The requirements include, for instance, in Article 3, (1) that a child acquire the status of a legitimate child through the legitimation process, (2) that the child be under twenty years of age, (3) that either the father or the mother be a Japanese national at the time of the child's birth, and in Article 17, Paragraph 1, (1) that a person lose its Japanese nationality by not having reserved the nationality, (2) that a person be under twenty years of age, (3) that a person have a domicile in Japan.

Naturalization and the minimum requirements for naturalization are stipulated in Article 4 and Article 5 of the said Law respectively. The requirements include having a domicile, possessing a full capacity, having an awareness of social conduct, being capable of making a living, and having respect for the provisions of the Constitution as well as in accordance with the principle of prevention of dual nationality.

The Constitution stipulates equality under the law in Article 14. Thus, in any of the above cases, the equal right to acquire nationality is guaranteed regardless of race or ethnicity, as long as the requirements are satisfied.

The Right to Marriage and Choice of Spouse, The Right to Inherit and the Right to Own Property

73. The Constitution stipulates that "marriage shall be based only on the mutual consent of both sexes (Article 24, Paragraph 1) and that "with regard to choice of spouse, property rights, inheritance, ...marriage...laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes (Paragraph 2). Based on these provisions, the Civil Code provides conditions for marriage, inheritance and property during marriage, and these rights are equally guaranteed to all people, as Article 14 of the Constitution prohibits racial or ethnic discrimination.

As for private property rights, Article 29, Paragraph 1 of the Constitution stipulates that "the right to own or to hold property is inviolable" and private property rights are equally guaranteed to all people without racial or ethnic discrimination under Article 14 of the Constitution.

Freedom of Thought, Conscience and Religion

74. Article 19 of the Constitution stipulates that "freedom of thought and conscience shall not be violated," and guarantees all nationals freedom of thought and conscience. Article 20, Paragraph 1 of the Constitution guarantees freedom of religion to all. Freedom of thought, conscience and religion is equally guaranteed to all nationals, regardless of race or ethnicity based on the principle of equality in Article 14 of the Constitution.

Article 9, Paragraph 1 of the Fundamental Law of Education stipulates that the attitude of religious tolerance and the position of religion in social life shall be valued in education.

Freedom of Assembly, Association, Expression, and Speech

Article 14 of the Constitution prohibits discrimination on the grounds of race, etc., and Article 21 of the Constitution stipulates that "freedom of assembly and association as well as speech, press and all other forms of expression is guaranteed." Thus, the freedom of assembly, association, and expression is guaranteed to all people.

Freedom of Choice of Employment

76. Article 22 of the Constitution stipulates that every person has the freedom to choose employment, to the extent that it does not interfere with the public welfare, and Article 2of the Employment Security Law guarantees that every person can choose an occupation freely, to the extent that it does not interfere with the public welfare.

77. As to equal treatment in employment, Article 3 of the Employment Security Law stipulates that no one should be treated discriminatorily on the grounds of race, nationality ... in employment exchange or guidance. The Public Employment Security Offices instruct companies that advertise for employees through its offices to ensure equal employment opportunities regardless of race or ethnicity. The offices also give particularly thorough individual guidance to companies that have acted or are likely to act improperly in the process of employment selection.

The Public Employment Security Offices give guidance to other companies as a general measure, based on the freedom of choice of occupation as stipulated by the Constitution (Article 22, Paragraph 1) and the Employment Security Law (Article 2) and equal treatment (Article 3) stipulated in the said Law, to ensure fair employment in carrying out employment exchange or guidance under Article 8 of the said Law.

78. When an unfair discriminatory act takes place on the basis of race or ethnicity at the time of employment or at the workplace itself, the human rights organs of the Ministry of Justice provide counseling services at human rights counseling centers to offer assistance for a settlement. If a case may involve human rights infringement, the said organs investigate the case as an infringement of human rights and ensures equality of all persons by raising the awareness of human rights in the settlement process and allowing the parties concerned voluntarily to cease violations of human rights or to prevent a recurrence of such a violation.

Labor Conditions

79. The Employment Insurance Law was established with a view to stabilizing workers' lives and employment by providing necessary compensation if they lose their jobs. All people are treated equally in enjoying rights recognized in the said Law.

The laws concerning labor standards, such as the Labor Standards Law and the Workmens Accident Compensation Insurance Law, apply to all workers without any discrimination based on race or ethnicity. To ensure application of these laws to foreign workers, the Labor Standards Inspection Offices notify all employers that these acts also can apply to foreign workers, and take actions to correct employers' conduct if there is a violation of the law. Counseling offices for foreign workers in the major Prefectural Labor Standards Offices have been established nationwide, which offer counseling services provided by professional counselors.

Forming/Joining Labor Unions

80. Article 28 of the Constitution provides that the right of workers to organize and to bargain and act collectively is guaranteed. The Trade Union Law stipulates that the rules of trade unions must include the provision that "in no event, shall anyone be disqualified for union membership on the basis of race, religion, sex, social status or family origin" (Article 5, Paragraph 2). In addition, no restriction or distinction is made on the basis of race or other distinction with regard to the definition of a worker, as Article 3 of the said Law stipulates that workers under Trade Union Law are "those persons who live on their wages, salaries or other remuneration assimilable thereto, regardless of the kind of occupation." Thus, any worker mentioned above can form or join a trade union, regardless of race or ethnicity.

Housing

The Public Housing Law, the Residential Area Improvement Law, the Urban Development Corporation Law, the Local Housing Supply Corporation Law, and the Housing Loan Corporation Law provide fair procedures and requirements for recruiting tenants, qualifications and selection for public housing.

The Government has notified public housing authorities that the same qualifications for tenant application as those for local Japanese residents should apply to foreigners who have registered domicile and status at their residing municipalities, according to Article 4,Paragraph 1 of the Alien Registration Law. In practice, treatment of foreigners is in full compliance with the said notice.

As to private housing, the Government gives guidance to lessors through lessor organizations, such as the National Rental Housing Management Association, to prevent them from carrying out any discriminatory conduct, including selectivity of tenants on the basis of race or ethnicity.

The human rights organs of the Ministry of Justice make efforts to ensure equality in selecting tenants through campaigns against unfair treatment.

Public Health, Medical Care, Social Security, Social Service

82. The laws on public health, medical care, social security, and social services stipulate the prohibition of racial discrimination as well as equality among races.

For example, Article 19, Paragraph 1 of the Medical Practitioners Law and Article 19, Paragraph 1 of the Dentists Law stipulate that medical doctors and dentists must not refuse a patient's request for examination or treatment without "fair reason." Thus, the refusal to examine or treat a patient on the basis of race or ethnicity is prohibited. Article 39, Paragraph 1 of the Health Nurses, Midwives and Nurses Law, likewise, stipulates the prohibition of refusal to assist in the delivery of a child on the basis of race or ethnicity.

Pharmacists must not refuse to fill a prescription without fair reason when a prescription is requested, according to Article 21 of the Pharmacists Law, and thus, they are also prohibited from refusing prescription services on the basis of race or ethnicity.

Moreover, welfare commissioners, who engage in protecting and giving guidance to those who need protection in its promoting social welfare, must not engage in discriminatory treatment on the basis of race or ethnicity in carrying out their duties, under Article 15 of the Social Workers Law.

The Child Welfare Law entrusts guardians, and the Government and local public entities with the responsibility for sound child rearing, in mind and body, with the recognition that all children shall be ensured a sound upbringing. Based on this provision, all administrative measures under the Child Welfare Law, such as admission to child welfare facilities, are extended equally to all children, without discrimination on the basis of race or ethnicity. Child allowances and the child rearing allowances are paid to those who have domiciles in Japan without any racial or ethnic discrimination according to the provisions of the Child Allowance Law and the Child Rearing Allowance Law respectively.

In the National Pension Law and the National Health Insurance Law, it is stated that any person who has a domicile in Japan is eligible for such services regardless of their nationality. Moreover, under the Welfare Pension Insurance Law and the Health Insurance Law, any person employed by an applicable company is also eligible, regardless of nationality.

The Public Assistance Law has the purpose of protecting Japanese nationals who are unable to maintain their livelihood (Article 1, the Public Assistance Law), stipulating that equal and non-discriminatory protection should be given as long as the legal requirements are fulfilled (Article 2). Legally speaking, the said Law does not apply to foreigners who do not have Japanese nationality. However, as an administrative measure, identical protection (livelihood aid, education aid, housing aid, medical aid, child birth aid, unemployment aid, funeral aid) is given, with the same conditions as those for Japanese nationals, to permanent residents and settled residents in Japan who are permitted to live in Japan like Japanese nationals. (The number of foreign residents in Japan under this protection was 28,788 in 1997. See Annex 6 for details.)

Education

83. Article 14, Paragraph 1 of the Constitution of Japan sets out the fundamental principle that all people are equal under the law without racial discrimination, and Article 26, Paragraph 1 stipulates that all people shall have the right to receive an equal education according to their ability, as provided for by law. Based on these provisions, Article 3 of the Fundamental Law of Education elucidates the principle of equal opportunities in education, stipulating that all people must be equally offered an opportunity for education according to their ability, and that no person should be racially discriminated against in education. These provisions apply not only to public schools, but also to private schools. The Government gives guidance and instruction to all educational institutuions to ensure equal opportunities for all people without racial or ethnic discrimination in the educational activities offered based on education-related laws, in accordance with the Constitution and the Fundamental Law of Education.

Article 3, Paragraph 1 of the said Law stipulates that no person shall suffer discrimination in education on the basis of race, so that all teachers, including those in private schools, are requested to engage in education in a spirit of impartiality and fairness, and to treat all students equally. In this respect, the Government gives thorough and proper instructions.

84. In Japan, children must attend elementary school and lower secondary school for the period from the beginning of the first school year which follows the day after the boys and girls become a full six years of age to the end of the school year during which they become a full fifteen years of age. Foreign children living in Japan are not obliged to attend school, however, they are accepted at various public compulsory education schools, if they so wish. Under the School Education Law, all students who have graduated from a lower secondary or an equivalent school, or who have completed the first term course of secondary school, or whose academic achievement is recognized as being equivalent or higher in accordance with the criteria laid down by the Minister of Education, Science, Sports and Culture, are qualified to be admitted to upper secondary schools, without discrimination of any kind based on race, nationality, etc.

Brochures concerning school entrance are issued by the Municipal Board of Education to parents of a child of school age who does not have Japanese nationality, so that the child will not be deprived of the opportunity for education at public schools.

Foreign children who enter Japanese public elementary and junior high school are treated in the same way as Japanese students based on the principle of equal treatment of all people in school education, including: (1) free tuition; (2) free distribution of textbooks; (3) assistance in attending school; (4) a mutual fund for disaster aid; and, (5) entrance qualifications to a higher school. Foreign students attending school referred to in Article 1 of the School Education Law can learn languages and cultures of foreign countries as extracurricular activities and actually, some local public entities offer such educational opportunities.

Most schools for foreigners, such as international schools, are approved as miscellaneous schools by prefectural governors, and their independence is respected.

Cultural Activities

85. Article 13 of the Constitution of Japan stipulates that all people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs. Article 25 of the Constitution stipulates that all people shall have the right to maintain the minimum standards of wholesome and cultured living (Paragraph 1) and that in all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health (Paragraph 2). These provisions, along with the principle of equality under the law in Article 14, Paragraph 1,guarantee equal participation in cultural activities. The Government and local public entities carry out various projects to enable all people to participate in sports/cultural activities without racial or ethnic discrimination.

Places or Services Intended for Use by the General Public

86. According to the Environment and Hygiene-Related Businesses Proper Management Act, the Environmental Sanitation Management Guidance Center deals with complaints to safeguard the equal treatment of users and consumers at hotels, restaurants, coffee shops, and theaters. In particular, the Hotel Business Law does not permit hotels to refuse a stay, merely on the basis of race or ethnicity. The Regulations for the Enforcement of the Law for Improvement of International Tourist Hotel Facilities prohibit registered hotels from treating thier guests in a racially discriminatory manner.

87. The Railway Operation Act, the Railway Business Law, the Road Transportation Law, the Trucking Business Law, and the Freight Forwarding Business Law stipulate the prohibition of discriminatory treatment by land transportation organizations. The Marine Transportation Law and the Port Transportation Business Law stipulate the prohibition of discriminatory treatment by marine transportation organizations. Moreover, the Aviation Law stipulates the prohibition of discriminatory treatment by air transportation organizations. While the systems differ depending on the Law, there are provisions that, for example, the Government is not to authorize fares or fees in application of the authorization of businesses that treat specific users in discriminatory way, or that the Government must not refuse transportation, except in cases where the transport is against public order and good manners.

VI. Article 6

Remedies and Compensation Measures in Cases of Human Rights Infringement

88. The following measures are being taken for effective protection and remedies in case of human rights infringement.

Remedies by Judicial Organs

89. The Constitution stipulates respect of fundamental human rights, including various liberties (Article 11), equality under the law and prohibition of racial discrimination (Article 14, Paragraph 1). If a public official of the Government or public entities exercising public authority inflict damage on a person based on racial discrimination in the course of performing his/her duties, the Government or the local public entities concerned shall be liable to compensate the damages fairly and properly according to the Law Concerning State Liability for Compensation.

In civil law, racially discriminatory actions infringing on human rights may be deemed null and void (Articles 1 and 90, the Civil Code). A person who violates the rights of others by racially discriminatory conduct must give compensation for any damage arising therefrom under certain conditions (Article 709). The person must give fair and proper compensation.

The Constitution guarantees all people the right of access to the courts (Article 32), so a victim of racial discrimination can make a claim to the court for redress under the respective laws.

90. On the other hand, the following procedures are taken if racially discriminatory conduct constitutes a crime. As to the criminal trial procedure, only public prosecutors can institute prosecution (Article 247, the Code of Criminal Procedure), but a person who has been injured by an offence may file a complaint to the investigative authorities (Article 230). Moreover, any person who believes an offence has been committed may lodge an accusation to the investigative authorities (Article 239). In other words, when racial discriminatory conduct infringing on human rights and fundamental freedom constitutes a crime, people may make complaints or accusations. The investigative authorities fairly investigate the case based upon these complaints or accusations, and if they collect enough evidence for prosecution, a public prosecutor indicts the said case in the court.

The following are examples of cases of redress by a judicial organ:

(1) Yokohama District Court, 19 June 1974, Judgment of the Second Division of the Civil Court

91. A Korean resident in Japan, in fear of not being employed if his nationality was known, kept secret the fact that he was a Korean resident and entered instead a Japanese name under name and birth place on his curriculum vitae and on the report on his family, which he submitted in applying for employment. He was informally employed by the Japanese company, but later dismissed according to the employer's reserved cancellation right on the grounds of false statement. The Court ruled that the dismissal, which was made on the grounds of his being a Korean resident without any other rational reason, constitutes unfair conduct according to Article 3 of the Labor Standards Law and Article 90 of the Civil Code. The Court ordered damage compensation to be paid for the mental anguish inflicted on the plaintiff due to ethnic discrimination.

(2) Osaka District Court, 18 June 1993, Judgment of the Seventeenth Division of the Civil Court

92. A Korean resident in Japan who applied for tenancy agreed on the lease with a real estate agent, but the owner refused to conclude the contract mainly on the grounds that he was a Korean resident. The Court ruled that this was in violation of the dignity of the individual (Article 1, Paragraph 2, the Civil Code) in the preliminary contract stage, and ordered compensation for damages according to Article 709 of the Civil Code.

Legal Aid System

93. A Legal Aid System is one that substantially guarantees the right of access to the courts as stipulated in Article 32 of the Constitution. This system pays lawsuit and attorney expenses for people who cannot file a suit or consult an attorney because of poverty. The system applies to foreigners as well, provided that he/she is expected to reside in Japan until he/she has reimbursed all payments after the conclusion of the case. The assisted person has to fully repay the costs, however, he/she might be permitted a deferment or even exemption of the payment if he/she has difficulties in repaying due to his/her financial ability and living conditions. The Legal Aid Association, established in 1952, plays the leading role in running this system and the Government of Japan provides subsidies to the said Association to make it work effectively. The number of legal aid cases increases every year. There were 8,172 cases reported in 1997.

Redress by the Administrative Organizations

94. In Japan, the following measures are being taken, besides judicial redress to guarantee the right to request effective protection or remedy to all people in cases where racially discriminatory conduct takes place. When the said person still has complaints about the result of redress given by the administration organizations, he/she can file a suit in the court in pursuit of judicial redress under the Japanese judicial system.

Administrative Appeal Law

95. In Japan, people can make a complaint against illegal or improper dispositions according to the Administrative Appeal Law. This measure is available to all people, and thus the Government ensures a mean to give redress to the people in case of infringement of their rights.

Immigration Control and Refugee Recognition Act

96. Article 4 of the Administrative Appeal Law sets out the cases in which an appeal is not permitted. One such case is the disposition regarding the entry and departure of foreigners (Item 10, Paragraph 1, Article 4, the Administrative Appeal Law). However, Immigration Control and Refugee Recognition Act has the following system of filing complaints. Foreigners who are subject to this system can cite unfairness and can call for reconsideration in making a complaint about the discriminatory disposition based on differences of race or ethnicity.

(1) Landing procedures (a foreigner recognized as not meeting landing requirements by the special inquiry officer can file an objection with the Minister of Justice.)

(2) Deportation procedures (a foreigner whose deportation is deemed appropriate by the immigration inspector can request a hearing to the inquiry officer. Moreover, if the special inquiry officer judges that the immigration inspector was not mistaken, the foreigner can file an objection with the Minister of Justice.)

(3) Refugee recognition procedures (a foreigner whose application for refugee recognition was rejected or whose refugee status was revoked can file an objection with the Minister of Justice.)

The Structure of the Human Rights Organs

Civil Liberties Bureau of the Ministry of Justice and Its Lower Organs

97. The Civil Liberties Bureau was established in the Ministry of Justice as the central administration organization engaging in human rights protection. The Civil Liberties Department in the Legal Affairs Bureau and the Civil Liberties Division in the District Legal Affairs Bureau were respectively established as their lower organs and officials engaged in human rights protection are sent to the branch offices of the Legal Affairs Bureau/District Legal Affairs Bureau, since people should have easy access to human rights protection and the system should be closely connected to the community in order to give a means of redress to victims of human rights infringements occurring in the daily lives of the general public.

The Civil Liberties Commissioners

98. The Civil Liberties Commissioners voluntarily engage in human rights protection activities among community residents. The system of Civil Liberties Commissioners was established with the concept that it is most desirable to keep an eye on human rights infringements and promote awareness of liberty and human rights, having contact with people's daily lives in cooperation with people of good character and broad knowledge chosen from the local communities.

The Minister of Justice appoints a Civil Liberties Commissioner from a slate of nominees recommended from each chief of municipality. The commission follows a democratic and careful procedure, as follows:

(a) The mayor hears the opinion of the municipal assembly and recommends a person with good character and broad knowledge of social affairs in general as well as deep understanding of the importance protecting human rights among residents.

(b) The Minister of Justice appoints the above-mentioned nominee after hearing opinions from the bar association and the Prefectural Federation Consultative Assemblies of the Civil Liberties Commissioners in the Prefecture where he/she is a resident.

(b) The Minister of Justice appoints the above-mentioned nominee after hearing opinions from the bar association and the Prefectural Federation Consultative Assemblies of the Civil Liberties Commissioners in the Prefecture where he/she is a resident.

The Council for Human Rights Promotion

99. The Council for Human Rights Promotion was established in March 1997 based on the Law of Promotion of Measures for Human Rights Protection enacted in December 1996.

The Council has been researching and deliberating on "the basic matters of comprehensive development of measures concerning human rights education and promotion activities, which enhance the level of understanding on the concept of respecting human rights among citizens" as well as " the basic matters of improvement of measures regarding to the relief of the victim in case of infringements on human rights."

The Activities of Human Rights Organs

The Investigation/Disposition of Human Rights Infringement Cases

100. "Infringement upon human rights" in human rights infringement cases that the human rights organs deal with, refers to "conduct against the idea of respect of human rights which is a fundamental principle of the Constitution." Racially discriminatory acts are the subject of "human rights infringements." The subjects include not only violations of conventions/law or order, but also socially improper conduct. A human rights infringement which has already been a subject of either a criminal or civil lawsuit should be treated by the court, the prosecution office and the police, and for this reason, in principle, the human rights organs are not involved in such a case.

The investigation as to whether human rights have been infringed or not, starts when the human rights organs receive a request from the persons concerned, or when it learns of a suspected human rights infringement case through the media. The investigation has no legal statue and is made possible only with the voluntary cooperation of the persons concerned (a so-called voluntary investigation). The reason is that the purpose of the investigation of the human rights organs is, unlike the criminal investigation which aims to impose criminal sanctions on criminals, to raise awareness of the persons concerned of human rights in the course of the investigation, and let them voluntarily remove the existing phenomena of human rights infringement and give a means of redress to victims in practice.

Following the investigation, if a human rights infringement is found, the human rights organs will deal with the case according to its nature (see below). If human rights infringements continue to take place, the organs gives the means of redress to the victim by removing the phenomena of violation through education of the persons concerned. In cases where human rights infringements have already taken place, however, they urge the violator and his/her guardian who is in the position to instruct/supervise him/her, to search his/her conscience by letter (warning, counsel) or oral expression (counsel) (see Annex 7) so as to avoid any recurrence in the future. If improvement of administrative measures is deemed necessary, the organs are to notify the authorities concerned to that effect.

101. The number of human rights infringement cases accepted in 1997 was 16,148, of which cases of racial discrimination reported in 1998 were as follows:

102. (a) A real estate agency refused a foreigner the right to lease an apartment asking him/her to "refrain from leasing at the owner's request". According to the investigation into the matter conducted by the human rights organ of the Ministry of Justice, however, this was confirmed as an act of discrimination against foreigners in the lease of an apartment based on prejudice against them. The real estate agency was asked to reconsider its attitude considering the explanation that such acts could not be overlooked under human rights protection, in accordance with the purpose of the respect of fundamental human rights under Articles 13 and 14 of the Constitution, and also in consideration of Japan's responsibility as a contracting country to the International Convention on the Elimination of All Forms of Racial Discrimination. As a consequence, the real estate agency expressed regret for the said act and promised that they would endeavor to obtain an appropriate understanding of issues regarding foreigners. (The result of the disposition was "explanation".)

103. (b) A village which received a report that a girl had been touched by a foreign visitor at a public swimming pool in the village , decided to restrict foreigners' use of the pool, and put up notices stating "Foreign visitors are prohibited from using the swimming pool at this time".

The human rights organs of the Ministry of Justice explained to the persons of the village responsible for this decision that such a measure discriminating against foreigners in general was in violation of the Constitution of Japan and the Universal Declaration of Human Rights as well as the International Convention on the Elimination of All Forms of Racial Discrimination, and they could not overlook such discrimination in the light of the protection of human rights. And they required the village to withdraw the decision and the notices immediately. As the result, the village accordingly withdrew them. (The result of the disposition was "elimination measures".)

Human Rights Counseling

104. The Human Rights Counseling Rooms are open at all times in the Legal Affairs Bureau/District Legal Affairs Bureau and their branch offices, and the occasional offices set up at municipal halls, department stores, and community centers. Officials of the Legal Affairs Bureau and the Civil Liberties Commissioners offer counseling there. The counseling is free of charge and the contents of the counseling are kept strictly confidential. In counseling, the officials of the Legal Affairs Bureau and the Civil Liberties Commissioners carefully listen to the people requesting help and, based on the merits of the case, render assistance, such as giving advice on procedures necessary to protect rights or introducing related organs that can deal with their particular problem. For cases where an investigation/disposition of the human rights organs is deemed necessary, a human rights infringement case is considered, and measures are taken as described in "the Investigation/Disposition of Human Rights Infringement Cases" (para. 100).

As the number of foreigner in Japan increases, new types of human rights problems occurs, and the number of couseling cases by foreigners also increases. To cope with this, counseling rooms in the eight Legal Affairs Bureaus/District Legal Affairs Bureaus offer human rights counseling for foreigners with English and Chinese translators stationed on designated days of the week. The other Legal Affairs Bureau/District Legal affairs Bureaus also offer this language service occasionally during Human Rights Week and so on. This service and other human rights counseling service are offered free of charge, and the Bureaus take care to protect the privacies of the foreigners.

105. The following are some of the counseling cases about foreigners at the above-mentioned human rights organs in 1998. However, the organs did not conduct investigations into these cases as infringements on human rights because they were passed to other appropriate organizations, or because the person him/herself did not request further interference by the human rights organ.

(a) The company did not pay my salary although payday had already passed, and then tried to fire me (Brazilian national).

(b) My son/daughter cannot make friends with Japanese probably because the housewives in the neighborhood tell their children not to play with non-Japanese children (Chinese national).

The Dissemination and Enhancement of the Concept of Respect for Human Rights

106. Officials engaged in human rights protection and the Civil Liberties Commissioners work together to disseminate and enhance the concept of respect for human rights. (For details, see Article 7.)

VII. Article 7

It is important to enhance awareness of human rights in every individual in addition to the coordination of Japan's legal system, in order to eliminate racial prejudice and discrimination. The Government has continued to promote human rights education and numerous activities to enlighten people on human rights protection. The Government intends to further fulfill measures in this field, following the conclusion of the International Convention on the Elimination of All Forms of Racial Discrimination and the proclamation of the decade from 1995 as the "United Nations Decade for Human Rights Education."
Under the Law of Promotion of Measures for Human Rights Protection (Paragraph 42) enacted in December 1996, the Council for Human Rights Promotion was established in March 1997. The Council has been investigating and examining the basic matters of the comprehensive promotion of education and inculcation, which enhance the level of understanding on the concept of respecting human rights among citizens in accordance with a mandate from the Minister of Justice, the Minister of Education, Culture and Science, and the Director General of Management and Coordination Agency.

Education and Professors

108. It is important that school children study how to properly respect fundamental human rights, deepen their level of understanding of different ethnic groups, and eliminate racial or ethnic discrimination or prejudice. Therefore, elementary schools, junior high schools and high schools offer instruction on matters regarding respect of human rights through overall educational activities. These schools also promote education that will lead to deeper understand and respect for the ways of life and cultures of people of various foreign countries. Especially in social studies and ethics classes, school children, according to the particular development stage, study the significance and the role of international law on human rights and the respect of fundamental human rights.

Furthermore, in universities and junior colleges, students deepen their knowledge and understanding of human rights through seminars on humanities, social sciences and other fields. The Government provides financial support to municipalities that offer various high-level learning opportunities appropriate for the community and which meet the needs of the people at social education facilities, including citizen's public halls, conveniently located for the local residents. Thus, various academic activities take place, such as classes and lectures on understanding foreign cultures and human rights, which are important subjects of study in modern society.

109. Officials engaged in human rights protection and Civil Liberties Commissioners work together to disseminate and enhance the concept of respect for human rights to the general public. They use various methods to conduct these activities, including sponsoring symposia, lectures, discussion meetings, debates and films; participating in various events; television/radio/cable broadcasting; placing announcements in newspapers and notices in PR magazines; distributing pamphlets and other printed materials; putting up posters, banners and signboards; touring with PR vehicles, and holding exhibitions.

"The Festival on Human Rights Awareness" is a large scale event cosponsored by the Ministry of Justice, the Ministry of Education, Science, Sports and Culture, the Management and Coordination Agency, and the local authorities at the location for the program. This event is held every year at three in Japan. During this event, the programs to raise people's awareness of human rights, such as a symposium on human rights, presentation of reference materials, showing of movies, and such cultural activities as concerts and presentation of local cultures are carried out in a synchronized manner, in order to secure a higher level of participation in the event and to raise people's awareness of human rights. In 1998, under the theme of "Consider others Human Rights as well as your own Human Rights", the festival was held in three locations in which a total of 79,000 people participated.

Public awareness campaigns are carried out across the country every Human Rights Week, which ends on Human Rights Day, December 10. At the Cabinet session on September 25, 1998, the Minister of Justice and the Minister of Foreign Affairs determined that December 1998 be the commemorative month for the 50th anniversary of the adoption of the Universal Declaration of Human Rights and the 50th anniversary of Japan's establishment of the Civil Liberties Commissioner System, so as to increase people's recognition of the significance and importance of both the declaration and the system. Both Ministers also announced that, based on the national action plan for the UN Decade for Human Rights Education (determined on July 4, 1997), various events will be held for the promotion of education and efforts for raising awareness.

Accordingly, in December 1998, in place of the efforts which had been made thus far during the Human Rights Week (December 4th - 10th), the Ministry of Justice and the National Federation of Consultative Assemblies of the Civil Liberties Commissioners carried out an awareness campain under the motto of "raise awareness in the era of globalization", so as to strengthen people's understanding and recognition on various human rights problems, regardless of nationality, including racial discrimination.

Moreover, having established the Day of the Civil Liberties Commissioners on June 1 of every year, which commemorates the enforcement day of Civil Liberties Commissioners Law (June 1, 1949), the National Federation of Consultative Assemblies of the Civil Liberties Commissioners carries out nationwide activities to make the Civil Liberties Commissioners System widely know to the public and also to raise awareness of the human rights.

The United Nations Decade for Human Rights Education

110. Japan announced a national action plan for the "United Nations Decade for Human Rights Education" in July 1997. The said plan aims to create a universal culture of human protection and carry out training/seminars, PR activities and related information services. In view of the principles of the International Convention on the Elimination of All Forms of Racial Discrimination, the Government intends to further promote campaigns for human rights, recognizing that human rights education is the most important tool to disseminate the concept of human rights among the general public. The Government will also pursue the promotion of human rights education in line with the national action plan, which puts particular emphasis on respect for the rights of the Ainu people and the elimination of prejudice and discrimination against foreigners.

Culture

The Ainu Culture

111. The Government has continued to promote Ainu culture through the Utari Welfare Measures of Hokkaido Prefecture. The human rights organs of the Ministry of Justice are making efforts to promote public understanding of the Ainu people by publishing and distributing human rights materials titled "the Ainu People and Human Rights". The report of the Round Table on the Policy for the Ainu People (See Article 1) concluded that all possible measures, including legislative measures, should be taken for the conservation and promotion of the Ainu language and their traditional culture and to facilitate understanding of the Ainu people, such as (a) promotion of comprehensive and practical study of the Ainu, (b) promotion of the Ainu culture, including the Ainu language, (c) reestablishment of traditional life space, and (d) facilitation of understanding. Respecting the report, the Government enacted the Law for the Promotion of the Ainu Culture and for the Dissemination and Advocacy for the Traditions of the Ainu and the Ainu Culture in May 1997 and intends to promote the Ainu culture under the said Law.

International Cultural Exchange

112. With the internationalization of the Japanese society, opening people's minds and promoting mutual understanding of different races and ethnicity has become important in Japan to respect each other's values and to coexist by overcoming ethnic and cultural differences.

The Government, with such perception, actively implements many kinds of personal and cultural exchange programmes with various foreign countries at all levels, such as science, art, youth and student exchanges. The Government considers youth exchanges to be particularly important, as the youth of today will be the driving force of tomorrow. Therefore, the Government makes efforts to promote youth exchanges and acceptance of foreign students, as well as to expand the exchanges with various foreign schools. The local governments implement programmes to facilitate the understanding about foreign countries and areas and exchange programmes, to which the Government gives financial support.

Public Relation Activities

113. The Government has prepared and distributed pamphlets on the Universal Declaration on Human Rights and other United Nations human rights instruments. After the conclusion of the International Convention on the Elimination of All Forms of Racial Discrimination, the Ministry of Foreign Affairs prepared 100,000 pamphlets describing the process of the drafting of the said Convention, the full text of the Convention and the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and distributed the pamphlets to related organizations, such as ministries, local governments, police offices around the country, public libraries, NGOs and those who requested such literature. The Government also tries to disseminate the meaning and the contents of the said Convention through Government PR magazines, radio programs and lectures. Moreover, major information on the said Convention is also offered on the Internet.

The human rights organs of the Ministry of Justice has also prepared 160,000 leaflets explaining the meaning of the said Convention and the process of its drafting, and makes them available to local governments through the Legal Affairs Bureau and District Legal Affairs Bureaus around the country. It also distributes the leaflets to the general public at lectures and symposia.

The Government plans to distribute this report to related ministries and make it widely available to the general public should they request it.

*1 In this report, the fact that the treatment of foreigners in Japan has been focused on does not mean that Japan considers distinction based on nationality as the subject of the Convention.

*2The number of naturalized Japanese nationals was 301,828 as of the end of 1998. The ratio of naturalized people to Japan's total population is not clear since it is difficult to obtain information on the exact number of persons deceased after naturalization.

*3 Wajin refers to all other Japanese, except the Ainu themselves.

*4 In this survey, "Ainu" refers to "the people in the local community who are considered to have inherited the Ainu blood and those who reside with the Ainu people due to marriage or adoption." However, a person is not included in the survey when that person refuses to be identified as Ainu in spite of the likelihood of his or her being of Ainu descent. "Ainu" are sometimes called "Utari." In the Ainu language, "Ainu" means a "human being"; "Utari", "a compatriot."

*5 A foreigner is to apply for his/her registration to the head of the municipality in which his/her residence is located within ninety days of the day of his/her entry into Japan (within sixty days of the day of his/her birth, etc.), and the registration is closed due to departure from Japan, naturalization as a Japanese citizen, or death. Often no registration takes place when a foreigner leaves Japan within ninety days of entry.

*6 "Entertainer" refers to activities to engage in theatrical performances, musical performances, sports or any other show business. "Engineer" refers to activities to engage in service, which requires technology and/or knowledge pertinent to physical science, engineering or other natural science field. "Skilled Labor" refers to activities to engage in service, which requires industrial techniques or skills belonging to special field. "Instuctor" refers to activities to engage in language instruction and other education at elementary schools, junior high schools, high schools, advanced vocational schools or the other educational institutions equivalent to vocational schools in facilities and curriculum. "Religious Activities" refers to activities to engage in Missionary and other religious activities conducted by foreign religionists dispatched by foreign religious organizations.

Those who have already entered the country and illegally engaged in labor activities against the Immigration Control and Refugee Recognition Act will be deported. Should cases of non-payment of wages or labor accidents (protection under workmen's compensation insurance applies also to illegal residents.) be discovered, however, related administrative organs will, in close cooperation with each other, take necessary remedial measures.

*7 It was concluded to normalize diplomatic relations between Japan and the Republic of Korea by solving various issues. This is an agreement which entered into force simultaneously with "the Agreement on the Basic Relationship between Japan and the Republic of Korea" (Agreement No. 25 in 1965), stipulating the permanent residence, education, public assistance, national health insurance, ownership of property, and remittance of the Korean residents in Japan.

*8 "Miscellaneous school" refers to an educational institution giving education as school education other than schools specified in Article 1 of the School Education Law. However, it does not include human resources development center, etc. which has special provisions under other laws and specialized school.

*9 "High school" refers to one of the educational institutions specified in Article 1 of the School Education Law, which gives high-level ordinary education and professional education according to physical and mental development based on the foundation laid by junior high school education. The high school educational curricula is based on the Course of Study prescribed by the Ministry of Education, Science and Culture in accordance with Article 43 of the School Education Law and Article 57-2 of the Regulation of the said Law.

*10 Kawasaki City in Kanagawa Prefecture established a Foreign Citizens Representative Council in 1996. The Council consists of twenty-six members with the requirement that representatives be over eighteen years of age and have been registered as foreign residents in the municipality for more than one year. The Council investigates and deliberates a wide variety of issues regarding foreign residents, and reports or gives opinions on them to the Mayor. Their comments are not legally binding, but the municipal organs are requested to respect them. The Tokyo Metropolitan Government also set up a Foreign Residents Council in 1997 to make it possible for foreigners to participate in the administration as equal members in the society.

*11 The Osaka Metropolitan Government, Osaka City and Kanagawa Prefecture each have established a council on the issues of foreign residents in Japan. Half of the members of the council are foreign nationals so that a wide variety of opinions on issues and measures regarding foreigners can be obtained.

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