UPR予備審査速報(JRFS)言論・表現の自由を守る会  Z人権
 Japanese Association for the Right to Freedom of Speech (JRFS)

 ☆ UPR-Info 個人通報制度の即時批准と



  Draft Statement

To UPR Info Session Participants:

Japanese Association for the Right to Freedom of Speech (JRFS)
NGO in Special Consultative Status with the ECOSOC

   August 30, 2012

For putting an end to oppressions in Japan, and paving the way to the thorough application of international instruments on human rights by full establishment of political rights, we call for the following actions:

Japanese Association for the Right to Freedom of Speech represents citizens of all ages who are victims of human right abuses and are fighting in court as well as their supporters and other human rights defenders. They include victims of repression for having distributed political flyers, as well as teachers who were punished for not accepting emperor-glorifying Hinomaru flag and Kimigayo song as national emblems. In November 2007, our Association joined the Japanese Workers’ Committee for Human Rights and in March 2008 submitted its first report to the UNHRC. In April 2012, our members, plaintiffs of the Hinomaru and Kimigayo cases submitted a counter-report jointly with the Japanese Workers’ Committee for human Rights.

T For Immediate Ratification of the First Optional Protocol to the ICCPR (individual communications)

After the last UPR, the current ruling party won the general election with the promise that it would establish the individual communication system. However, the successive Justice Ministers have failed to keep that promise. On the contrary, especially after the March 11 Great Earthquake, the parliamentary secretary and a high official in charge of human rights and humanitarian question in Ministry of Foreign Affairs who were active for promoting human rights have been removed from their posts and replaced with others who claim that “some groups are opposed to the ratification”. The problem is not merely the lack of political will.

It is essential to understand that, more than half a century after the Universal Declaration of Human Rights, the Japanese Government does not only neglect the implementation of the UNHRC recommendations but is acting against the principles of Universal Declaration of Human Rights.

In fact, it argued back against the UNHRC’s recommendations on its Second Periodic Report to avoid the implementation of these recommendations. In the court trials on nuclear power plants, the Government did not disclose all information which fact led to the proliferation of nuclear plants all over Japan. In addition, the Government has neglected measures to prevent accident and caused the explosion of reactors at Fukushima Plant. The people of Fukushima who suffered heavy damages from the earthquake and tsunami have been driven away from their home due to radiations and are now left without any adequate economic compensation. Because of lack of information that should have been provided quickly after the accident, children who are very vulnerable to radioactivity have been exposed and are now denied their rights to health management and to seek refuge for safety. Continued human rights violations perpetrated on the people of Fukushima and the workers of nuclear power plant constitute a major humanitarian problem.

The Foreign Ministry in July this year organized the “World Ministerial Conference on Disaster Reduction in Tohoku”, but most of the officers in charge of the event, do not know about the human rights treaties or UNHRC recommendations. Even Fukushima prefecture governor and mayors of cities and towns in the prefecture do not know about the treaties and recommendations that serve as international legal standards.

In addition, the Japanese Government authorized the re-start of Ohi nuclear power plant whose safety has yet to be confirmed. This poses a threat to the entire international community and testifies to the hostile attitude of Japanese Government against the UN Charter, the Universal Declaration of Human Rights and International Human Rights Covenants.

『今 言論・表現の自由があぶない!』(2012/8/31)

U For Repealing the Public Office Election Law and the State Personnel Law
   (Article 102)
The Human Rights Committee in 2008 recommended to the Japanese government the abrogation of these two laws. Their repeal is essential for establishing political rights of the Japanese people. A just and fair election of members of parliament who make laws is the surest way to realize the aspiration of all those who are taking up human rights challenges. And it is essential for peace in Asia and the world to achieve a major change in the governmental policy on human rights and turn Japan, an aggressor country in the WWII, into a country respectful of human rights.
In Japan, the Foreign Ministry, the judiciary and the prosecution continue to totally ignore the Human Rights Committees 2008 recommendation (paragraph 26).

Mr. Horikoshi, charged of violation of the Public Personnel Law, was judged not guilty by the High Court, but the Court did not give any decision about the ICCPR violation. The presiding judge did not accept to take 22 videos secretly taken by police agents as material evidence for the crime committed by the police. Tokyo High Public Prosecutor Haruo Kazama appealed to the Supreme Court and was later promoted to Supreme Public Prosecutor General.

In 2011, Mr. Katsuhisa Fujita, teacher at Itabashi Tokyo Metropolitan High School was fined 200,000 yen (1800 dollars),by the supreme court for having disobeyed the education board order to sing “Kimigayo” song at school ceremonies. Over 700 public school teachers who refused to stand up and sing “Kimigayo” and suffered prejudicial treatment took their cases to court. In 10 out of 21 such cases, teachers lost the legal battle in Supreme Court in total disregard of the ICCPR. The Court decisions are used to impose “Hinomaru” flag and “Kimigayo” song on school children.
On the pretext of these unfair Supr
eme Court decisions, the Ministry of Education allows Osaka City Mayor to enact a bylaw banning any political activity of teachers and municipal personnel, through amendment of the Local Public personnel law by invoking Article 102 of the State Personnel Law.

As it is escalating its action against freedom of speech and thought, the Government in the parliament in session at this moment is attempting to pass a law to reduce the proportional representation seats by 80 to enable it to scrap Article 9 of the Constitution and give the decisive blow to democracy in our country. This is a threat against the international community.

On the basis of what is stated above, we suggest the following recommendations to be issued to the Government of Japan:

1. To immediately ratify the individual communication system to establish the separation of powers, paving the way to the application of the Universal Declaration of Human Rights and International Human Rights Covenants and turning the country into a state ruled by law, respectful of universal fundamental human rights;
2. To repeal Public Office Election Law provisions concerning freedom of expression (ban on distribution of flyers and door-to-door visits) and the State Personnel Law (Article 102) to establish political rights, foundation of any democratic state.
3. To guarantee the right to seek refuge of children of Fukushima and drastically improve their health management and to immediately ratify paragraphs 2-B and C of Article 13 of the International Covenant on Economic, Social and Cultural Rights, to cope with the situation of growing poverty of children where a thousand of them commit suicide in 2011.

『今 言論・表現の自由があぶない!』(2012/8/31)



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