Opinion Calling for Legislation to Ban Discriminatory Speech and Behavior Based on Race, etc.
April 14, 2023
Japan Federation of Bar Associations
The Japan Federation of Bar Associations (the “JFBA”) compiled its “Opinion Calling for Legislation to Ban Discriminatory Speech and Behavior Based on Race, etc.” dated April 14, 2023, and submitted it to the Prime Minister, the Minister of Justice, the Speaker of the House of Representatives, the President of the House of Councilors, the National Governors’ Association, the Japan Association of City Mayors, and the National Association of Towns and Villages, on April 24, 2023.
Summary of Proposal
The JFBA calls for the government to pass legislation with details including the following, in order to ban and eliminate discriminatory speech and behavior based on race, etc.
1. The “discriminatory speech and behavior based on race, etc.” that is to be banned shall be defined as speaking and behaving openly in a manner that induces, promotes, or incites racial discrimination as described in (1) below, that falls under any of the types shown in (2) below.
(1) Racial Discrimination
Racial discrimination shall be defined as any distinction, exclusion or restriction based on race, color, descent (including discriminated “Buraku” communities), national or ethnic origin, or nationality (collectively, “Race, Etc.”) which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of life.
(2) Types and Examples of Discriminatory Speech and Behavior Based on Race, Etc.
Discriminatory speech and behavior shall be defined as any acts which fall under any of the following:
(a) Speech or behavior against people of a specific Race, Etc. that threatens the life, body, freedom, reputation or property of such people (such as “Kill all people from XXX!”).
(b) Speech or behavior against people of a specific Race, Etc. that grossly insults such people (including denying their existence), denies their value, or treats them as if they had a lesser value by likening them to a living being that is not human (such as “XXX nationals are not humans, They are cockroaches!”)
(c) Speech or behavior against people of a specific Race, Etc. that incites the exclusion of such people from society (such as “XXX nationals should be kicked out of the country!”)
(d) Speech or behavior against people of a specific Race, Etc. which indicates that such people have caused harm to the life, body or property of others, or that there is an imminent danger of such people causing such harm to others by making false statements of fact (such as “XXX nationals poisoned wells in YYY area!” or “XXX nationals have been repeatedly stealing from stores in YYY area!”)
(e) Speech or behavior against people of a specific Race, Etc. that reveals information on a person of such Race, Etc. against their will, and that may lead to such person being identified as having common characteristics including their Race, Etc. (such as “AAA is from a discriminated-against Buraku community.” or “BBB community is a discriminated-against Buraku community.”)
2. A specialized agency shall be established which is tasked with conducting fact-finding surveys on discriminatory speech and behavior based on Race, Etc. and online monitoring of such speech and behavior, making proposals and recommendations on measures aiming to eliminate such speech and behavior, and imposing prohibitory injunctions and punishments, including fines.
3. If a person who has been given a recommendation or prohibitory injunction regarding their discriminatory speech or behavior continues to behave in the same discriminatory manner even after being given such recommendation or prohibitory injunction, such specialized agency shall impose further punishments including fines on such person.
