{"id":8,"date":"2009-09-24T13:50:57","date_gmt":"2009-09-24T04:50:57","guid":{"rendered":"http:\/\/test.hrn.or.jp\/?p=8"},"modified":"2023-10-25T09:44:30","modified_gmt":"2023-10-25T00:44:30","slug":"japan-new-admin-hr-recommendations","status":"publish","type":"post","link":"https:\/\/hrn.or.jp\/eng\/news\/2009\/09\/24\/japan-new-admin-hr-recommendations\/","title":{"rendered":"Request for promoting domestic and international human rights policies, with the advent of a new administration in Japan"},"content":{"rendered":"

7th September 2009<\/p>\n

<\/span><\/span><\/p>\n

For the promoting human rights diplomacy and protecting human rights in the Asian region including Japan
\n<\/span><\/span><\/b>
\nIn September 2009, a new administration will appear in Japan.
\nDemocratic Party of Japan (DPJ), a core party of the new
\nadministration, has already announced estimable policies such as its
\nemphasis on advance in domestic human rights policies as well as Asian
\ndiplomacy in its manifesto.1 Human Rights Now 2, an international human
\nrights NGO based in Tokyo, presents the following recommendations to
\nthe new Japanese administration in order to foster a new Asian centred
\nhuman rights diplomacy as well as to change domestic human rights
\npolicies dramatically. <\/span><\/span><\/p>\n

1. Promotion of human rights centred diplomacy<\/p>\n

The new administration has been expected to exert diplomacy based on
\nprinciple of the United Nations centred international cooperation. In
\nthis regard, it should present defined principle of diplomacy and what
\nkind of world should be aspired, and express clear-cut vision how Japan
\ncontributes to achieve the goal. Purposes of the United Nations such as
\npeaceful conflict resolution, promotion of human rights, and equality
\nof sovereignty should be paid special attention, when it considers the
\nglobal order which it aims at. (Chapter II of the United Nations
\nCharter) 3<\/p>\n

Human Rights Now especially requests to clarify the
\nposition of promotion and protection of human rights as a main object
\nof diplomacy and development assistance, and mainstream human rights.<\/p>\n

The perspective of human rights has been placed little importance on in Japan’s
\ndiplomacy. Japan’s diplomacy has widely varies from European countries’
\none which have actively get involved in human rights issues in the
\nworld and contributed to conclude treaties regarding human rights and
\nhumanity 4 and one of the United States 5 which has put respect and
\npromotion of human rights in the centre of diplomatic purposes.
\nGuarantee of human rights is the cornerstone of human dignity.<\/p>\n

There have been serious human rights violations, occurring in various parts
\nof the world. Women, children and those economically excluded have been
\nlaid down in the midst of their predicament. Denial of human rights can
\nbe causes of poverty, conflicts and terrorism, and under poverty and
\nconflicts, in many cases, human rights are denied.<\/p>\n

In 2005, at the Millennium Plus Five Summit, U.N. Secretary-General Kofi Annan at the time proposed that the United Nations should position peace, human rights and development as major issues which the international
\ncommunity faces at the present moment, and bend its efforts to attain
\nall of those goals in his report.6<\/p>\n

For the sake of the just and peaceful international community in the 21st century, it is essential to make a commitment to tackle global issues, especially oppression of human rights, conflicts, and poverty.<\/p>\n

Human Rights Now requests
\nthe new administration to determinately place realisation of human
\nrights as well as positive contribution to peaceful settlement of
\nconflicts and development assistance as principal pillars of
\ninternational contributions and to mainstream human rights in its
\ndiplomacy.<\/p>\n

2. Promotion of human rights diplomacy in bilateral, regional and multi-lateral levels<\/p>\n

In February 2008, Japan made a voluntary pledge including “positive
\ninvolvement in activities of the Human Rights Council”, “promotion of
\ndialogue, and cooperation based upon mutual understanding and respect,
\nand handling of large-scale systematic human rights violations”, and
\n“assistance to efforts for amelioration of human rights situations in
\nthe international community based upon bilateral dialogue and technical
\nassistance”, however there seems its few actions taken since then.7 The
\npledge should be carried out immediately. Hereafter, in bilateral,
\nregional and multi-lateral diplomacy, Japan should act with aims to
\ncontribute respect and promotion of human rights, and put an end to
\nongoing human rights violations, being constantly aware of human rights
\nsituations in countries and regions concerned,<\/p>\n

Human rights diplomacy which Human Rights Now proposes is not and should not be the one which intends to exclude certain countries based upon difference in values or instigate confrontation based upon political motives and national interests. Instead, the new diplomacy of Japan shall be a unique one based on mutual understanding and dialogue, rather than one
\njust copying Western human rights policies.8<\/p>\n

(1) Investigation, analysis and publication of human rights situations, and approach to stop human rights violations<\/p>\n

Japan shall investigate, analyse, publicly release human rights situations,
\nand enhance relevant knowledge, and then reflect it in its diplomatic
\nand aid policies. It is significant to accurately recognise ongoing
\nhuman rights violations in the world as well as their structural
\ncauses, therefore human rights officers should be posted in at least
\neach embassy and carry out investigation and analysis.
\nBesides, Japan shall endeavour to resolve ongoing grave human rights violations by strategic work, and earnest and overt commitment to stop the
\nviolations.<\/p>\n

Japan shall, for instance, discuss issues regarding human rights with countries which have strong relationship with Japan, express Japan’s
\ninterests in human rights issues, actively address those in
\nmulti-national forums, and support efforts of governments and civil
\nsociety organisations concerned aiming at guaranteeing human rights.<\/p>\n

(2) Contribution in bilateral and regional levels<\/p>\n

It is hoped that the new administration considers strategies to
\ndemonstrate its initiatives and to make concrete contributions for
\npromotion of human rights in bilateral and regional levels centering on
\nthe Asian region.<\/p>\n

In the case of prolonged grave human rights violations in Asia such as in Myanmar and Sri Lanka, the new administration shall negotiate in order to solve those violations by making the most of its position as an Asian country and involving other actors in the Asian region. It would be beneficial to draw upon Norwegian initiatives which show its presence in the world by producing significant results in mediation diplomacy in the field of conflict resolution.<\/p>\n

(3) Contribution in multilateral level such as in the United Nations<\/p>\n

Japan’s contribution to discuss about human rights in the United Nations such as the Human Rights Council has not been evaluated, in spite of its
\nseat in the Human Rights Council, except in some issues 9. It is hoped
\nthat the new administration takes the initiative on raising an outcry
\nagainst human rights violation, on being engaged in discussion to
\nresolve human rights issues, and on forging resolutions in the United
\nNations including the Human Rights Council.<\/p>\n

Japan is located in an optimal position to orchestra voices of the
\ninternational community beyond confrontation between developed
\ncountries and developing countries and antagonism based on religious
\nbackgrounds. Japan is required to take the lead of the discussion from a fair point of view without wielding its national interests and political status.<\/p>\n

3. Contribution to promotion of human rights in the Asian region<\/p>\n

Japan should contribute to respect and promotion of human rights in neighbouring Asian countries in order to develop diplomacy in Asia. Especially, Human Rights Now proposes the following.<\/p>\n

(1) Promotion of participation in the International Criminal Court<\/p>\n

It is essential to prevent grave human rights violations and, when they
\noccur, pursue responsibility of those violations and achieve justice in
\norder to establish human rights and the rule of law in the Asian
\nregion. The Japanese government should encourage Asian countries to
\nratify the International Criminal Court.<\/p>\n

(2) Demonstrating initiatives to establish a regional human rights mechanism in Asia<\/p>\n

Asia is, in spite of ongoing grave human rights, the only one region in the
\nworld where an intergovernmental human rights mechanism does not exist.
\nJapan should learn experience of other regions and display its initiatives to establish a regional human rights mechanism in the Asian region.<\/p>\n

Although long-term strategies are required to establish it, Human Rights Now proposes to invite governmental organisations in the Asian region as
\nwell as human rights experts and activists, and hold a conference every
\nyear in Japan to comprehend human rights situations in each Asian country, organise related issues and promote discussion about the establishment.<\/p>\n

(3) Hosting an office of the United Nations High Commissioner for Human Rights in Japan<\/p>\n

While there are offices of the United Nations High Commissioner for Human
\nRights in Southeast Asia such as in Bangkok and Cambodia, there is no
\nsuch office in Northeast Asia which impedes realisation of
\ninternational human rights standards in the region. Human Rights Now
\nrequests the new administration to aggressively support the
\nestablishment of the office of the United Nations High Commissioner for
\nHuman Rights in Northeast Asia especially in Japan.<\/p>\n

4. Fulfilment of accountability<\/p>\n

The Japanese government should announce how it recognises human rights
\nsituations in each country and what kind of measures it implements to
\nameliorate those situations, and fulfill its accountability toward
\ncitizens in Japan as well as governments and civil societies in other countries. It is significant to show that policies implemented by the Japanese governments are based upon objective analysis of human rights
\nviolations.<\/p>\n

In this regard, it would be useful to research some cases, for example, every year the Norwegian government makes and publishes a comprehensive report on human rights about its own polities toward human rights in and outside the country,10 and also every year the U.S. government submits its annual report about its actions taken to promote and respect of human rights to the Congress under the Article 665 of FY 2003 Foreign Relations Authorization Act, Public Law 107-228.<\/p>\n

5. The mainstream of human rights on development assistance<\/p>\n

(1) Strengthening the position of human rights on assistance policy<\/p>\n

Human Rights Now thinks that Japan Official Development Assistance (ODA)
\nshould contribute on developing the society which is based on
\ninternational human rights standard to protect human rights.<\/p>\n

In the past, the Japanese Government had given financial assistance to countries which abused human rights. For example, Japan assisted the Philippines’s Macros administration which had involved significant human rights violations and also the Indonesia’s Suharto administration. Nowadays, Japan is still the greatest donor nation of the Development Assistance Committee (DAC) member country at Organization for Economic
\nCo-operation and Development (OECD) for the donation to Myanmar which has been under the military government.
\nIt is also determined in the general framework of ODA in 1992 that
\nnon-critical and large-scale financial assistance to human rights
\nviolation countries like before has been declining now. Moreover, as
\nfor the revised ODA general framework in 2003, “the assistance to
\ndeveloping country’s self-help which is based on good government,”
\nheavy assistance to those countries which “actively performing the
\nefforts and revolution for peace, democracy and protection of human
\nrights,” “the viewpoint of human security,” and “the situation of
\nsocially vulnerable, the gap between the rich and the poor, and the
\nregional differences in developing country” were all declared. However,
\nthe path to realize those matters above was not expressed clearly. It
\nis not commendable that ODA is contributing to the improvement of human
\nrights situation.<\/p>\n

None of the taxpayers would like to see valuable tax has been used as economic assistance to strengthen the power of despotic states, to destroy the environment, to expand the gaps between the rich and the poor, and to promote corruption. Special assistance to human right, gender equality, protection to the weak, etc., enhancing the effect of assistance, and expressing messages of development assistance at home and abroad are instead expected by the taxpayers.<\/p>\n

In February 2007, the OECD-DAC adopted “Action-Oriented Policy Paper on Human Rights and Development” 11 in regard to a role of development assistance. This document expresses how human rights should be taken into account to implement development assistance, showing ten principles of promotion and integration of human rights in development which includes “to create common understanding about the relationship between duty to guarantee human rights, and priority of development through dialogue”, “to specify areas to support in the field of human rights toward partner
\ngovernments”, ” to guarantee human rights in the process of nation-building”, etc.<\/p>\n

In order to mainstream human rights in Japan’s development assistant policies, based upon those principles, enhancing respect and promotion of human rights of the most vulnerable through the assistant should be set as a priority issue in cooperation with countries concerned.<\/p>\n

Also as a policy to enhance human rights, it should be emphasised to promote “good governance”, to develop and enhance infrastructure such as judicial system, to support to develop legal system in the field of human rights, to assist transitional justice to prevent recurrence of large-scale human rights violations and to promote reconciliation, and to support pro-human rights activities of civil society.<\/p>\n

Human Rights Now requests the new administration to embody those assistant policies under the midterm ODA review next year.<\/p>\n

(2) Japan should use ODA as leverage to cease human rights violations<\/p>\n

Several recipient countries of Japanese ODA have violated human rights directly and tolerated human rights violations. The Japanese government should demand that those countries to stop human rights violations in advance to commence its financial assistance. Furthermore, the Japanese
\ngovernment should give its financial assistance to those countries upon
\naffirming that those countries have made significant and concrete
\nefforts on ceasing human rights violations.<\/p>\n

Human Rights Now does not request of the deduction of assistance immediately. However, if the recipient countries have not discharge sincere effort to protect human rights or human rights violation, the Japanese government should take due consideration of suspension of assistance except humanitarian aid.<\/p>\n

(3) Avoiding and preventing human rights violation on projects related to Japan<\/p>\n

Human rights violations resulted from Japanese government’s assistance should be avoided. It is necessary that human rights, which include social
\nrights (education, medical and living, etc) should not be violated,
\ndiscrimination and persecution should not be expanded under projects in
\nwhich Japan is involved. When those countries’ express and implement human rights protection insufficiently, the Japanese government should monitor the whole process of the projects and demand honest responses from them.<\/p>\n

6. Reception of refugees and protection for victims of human trafficking.<\/p>\n

(1) Reception of refugees<\/p>\n

There are numerous people who become refugees due to persecution or war not only in Asia, but also in other parts of the world. Therefore, working on improving the situation of human rights violation as well as accepting more
\nrefugees will also be significant contribution in the field of human rights.<\/p>\n

Japan has just started a pilot project of the resettlement for Myanmar refugees. Japan should expand this project to accept those at high risk among the vulnerable in the world and express policies of the resettlement for those. At the same time, Japan should also carry out a drastic reform to improve recognition of convention refugees.12<\/p>\n

(2) Prevention of human trafficking, and protection and assistance for victims<\/p>\n

There are still a large number of women and children who are forced to come to Japan as a consequence of human trafficking. As a receiving country, Japan has not a comprehensive human trafficking law and its cooperation with their home country is not sufficient, either. We should devote more
\neffort to establish a comprehensive human trafficking law, regional
\ntreaties, and agreements about protecting and assisting victims of
\nhuman trafficking in the Asia region.<\/p>\n

7. Domestic human rights policy<\/p>\n

Human Rights Now expects the new administration to change domestic human rights policies dramatically.13<\/p>\n

(1) Priority tasks
\nThe manifesto of the DPJ, which will be a core party of new administration,
\nholds up promises such as “preventing wrongful conviction by the
\nvideo-taping of interrogation,” “ratifying Optional Protocols of major
\nHuman Rights Treaties,” and “establishing a national human rights
\ncommission as an affiliated agency of the Cabinet Office”.<\/p>\n

Human Rights Now thinks the most important tasks for the new administration to tackle are the following:<\/p>\n

1.To ratify Optional Protocols of “ICCPR and ICESCR”, “International
\nConvention on the Elimination of All Forms of Discrimination against
\nWomen” and “Convention against Torture” early on to open the path of
\nthe individual communication procedure.<\/p>\n

2.To establish a national human rights commission which is independent from the government based upon the Paris Principles. 14<\/p>\n

3.To realise a drastic reform of criminal justice based upon international
\nhuman rights standard including video-taping of entire custodial
\ninterrogation and to prevent wrongful conviction.<\/p>\n

Within above, ratifying Optional Protocol to Convention and video-taping of
\ninterrogation are tasks which the new administration implements immediately, therefore Human Rights Now requests it to fully carry out
\nthose tasks.<\/p>\n

At the same time, even though video-taping of interrogation is the necessary measures to prevent wrongful conviction, it is not sufficient to do so. Hence, it is necessary to ascertain causes of false charge, and advance comprehensive reform of the comprehensive system, considering the international standard.<\/p>\n

Regarding the comprehensive reform of a criminal procedure and establishment of a national human rights commission based upon the Paris Principles, an appropriate system should be built up by reference to civil society, cases from other countries and opinions from experts. Human Rights Now will provide its concrete suggestions hereafter.<\/p>\n

(2) Implementation of the recommendations from the United Nations especially regarding to issues of the post-war reparations<\/p>\n

Meanwhile, even though it is not written down on the above manifesto, regarding to, Human Rights Now requests the new administration to accept
\nrecommendations made by various United Nations organisations and devote
\nits efforts into to improve human rights situations.
\nFor example, the revision of discriminative provisions on Civil Law has been mentioned even though it is not written on the manifesto above. Among
\nthose, Human Rights Now requests the government to reconsider the state
\nredress the violations of international human rights and humanitarian
\nlaw by Japan during the World War II, in particular issues of Comfort Women. As previously mentioned, the ICCPR, CEDAW and CAT Committees have
\nrepeatedly made recommendations which require state to redress these
\ngross human rights violations.<\/p>\n

As Japan has not yet solved post-war reparations, most Asian countries cast
\nserious doubt about Japanese government’s sincerity human right policy. If Japan wants to be respected as a country devoting efforts into peace and
\nhuman rights, and to place an active role, then its words have to come
\nwith persuasiveness and trust. It is essential to face up to its own
\npast, formally apologize for those violations which had been done
\nagainst international human rights and humanitarian law during the
\nWorld War II, to conduct investigation and implementing reparation as
\nresponsible state.<\/p>\n

In 2005, the U.N. General Assembly adopted “Principles and Guidelines regarding reparation to victims of grave international human rights and humanitarian law violations”, which Japan co-sponsored.15 Those principles are the standard for reparation to victims of grave international human rights and humanitarian law violations. Human Rights Now requests the new administration to implement reparation based upon those principles.<\/p>\n

At the End<\/p>\n

In order to realize the change of human rights policies mentioned above,
\nit is essential to review all possible policies. In this respect, the
\nwisdom and information should be gathered from not only the government,
\nbut also from civic society.<\/p>\n

As experts with professional knowledge regarding Japan’s human rights issues and human rights activities of the United Nations as well as other countries, and also as experts of human rights situations in the world with networks of human rights NGOs and civil societies in the world especially in Asia, Human Rights Now will continue to provide proposals and contribution through communication with the government, MPs, government agencies and aid agencies in order to promote and crystallise domestic and foreign human rights policies.<\/p>\n","protected":false},"excerpt":{"rendered":"

7th September 2009 For the promoting human rights diplomacy and protecting human rights in the Asian region including Japan In September 2009, a new administration will appear in Japan. Democratic Party of Japan (DPJ), a core party of the new administration, has already announced estimable policies such as its emphasis on advance in domestic human rights policies as well as Asian diplomacy in its manifesto.1 Human Rights Now 2, an international human rights NGO based in Tokyo, presents the following recommendations to the new Japanese administration in order to foster a new Asian centred human rights diplomacy as well as to change domestic human rights policies dramatically. 1. Promotion of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[13],"tags":[104,12,107,129],"countries":[248],"class_list":["post-8","post","type-post","status-publish","format-standard","hentry","category-statement","tag-criminal-justice-arbitrary-detention-and-torture","tag-economic-social-and-cultural-rights","tag-refugee-idp","tag-strengthen-human-rights-mechanism","countries-japan"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/8","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/comments?post=8"}],"version-history":[{"count":5,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/8\/revisions"}],"predecessor-version":[{"id":5159,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/8\/revisions\/5159"}],"wp:attachment":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/media?parent=8"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/categories?post=8"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/tags?post=8"},{"taxonomy":"countries","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/countries?post=8"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}