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TITLE: JAPAN HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
JAPAN
Japan is a parliamentary democracy based on a Constitution
adopted in 1947. Sovereignty is vested in the people, and the
Emperor is defined as the symbol of state. On the national
level, power is divided among executive, legislative, and
judicial branches. Executive power is vested in a cabinet,
composed of a prime minister and ministers of state,
responsible to the Diet, Japan's two-house Parliament. The
Diet, elected by universal suffrage and secret ballot,
designates the Prime Minister, who must be a member of that
body. Nearly 70 percent of the electorate usually votes in
general elections contested by numerous political parties
covering a broad ideological spectrum. In the lower house
general election in July 1993, the Liberal Democratic Party
(LDP) lost its majority for the first time in 38 years. The
Government is now formed by a non-LDP coalition of seven
parties. The judicial system has several levels of courts; the
Supreme Court has final authority.
A well-organized and disciplined police force generally
respects the human rights of the populace and is firmly under
the control of the civil authorities. However, there continued
to be reports of harsh treatment of some suspects in custody.
The Civil Liberties Bureau in the Ministry of Justice and the
Human Rights and Refugee Division in the Ministry of Foreign
Affairs monitor problems relating to human rights practices in
Japan.
Japan's highly industrialized free market economy is efficient
and competitive in world markets. The 1992 economic slowdown,
including an increase in unemployment, continued in 1993.
The Constitution states, "all of the people are equal under the
law and there shall be no discrimination in political,
economic, or social relations because of race, creed, sex,
social status, or family origin." The human rights assured by
the Constitution are generally secured by a just and efficient
legal system. However, the "Burakumin" (a group historically
treated as outcasts), the Ainu (Japan's indigenous people),
women, and alien residents experience varying degrees of
discrimination, some of it severe and of long standing.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no known cases of political or other extrajudicial
killing.
b. Disappearance
There were no known cases of abductions, secret arrests,
clandestine detention, or hostage holding by security forces or
any other organization.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
While freedom from torture, cruel, inhuman, or degrading
treatment or punishment is provided for in the Constitution,
reports by several Japanese bar associations and some prisoners
indicate that police sometimes use physical violence, including
kickings and beatings, as well as psychological intimidation,
including threats and name calling, to obtain confessions from
suspects in custody. In Japan confession is regarded as the
first step in the rehabilitative process. Roughly 85 percent
of all criminal cases going to trial include confessions,
reflecting the priority that the Japanese system places on
admissions of guilt. While abuse remains a problem, appellate
courts have overturned several convictions in recent years on
the ground that they were obtained by forced confession. In
addition, civil suits have been brought against some police and
prosecution officials, alleging abuse during interrogation and
detention. Most of these cases are still pending.
d. Arbitrary Arrest, Detention, or Exile
Freedom from arbitrary arrest or imprisonment is provided for
in the Constitution and respected in practice. Japanese law
provides for judicial determination of the legality of
detention. Persons cannot be detained without charge, and
prosecuting authorities must be prepared to demonstrate before
trial that probable cause exists to detain the accused. Under
the Code of Criminal Procedure, a suspect may be held in police
custody for up to 72 hours with limited representation by
defense counsel. This period is normally extended by a judge
for up to 20 additional days for preindictment investigation.
If an indictment follows, the suspect is transferred to a
criminal detention facility. In practice, defendants may
consult with an attorney during the preindictment period only
if they can afford to hire one. Bail is rarely available.
The bar association and human rights groups have criticized the
practice of "substitute detention." While Japanese law
stipulates that suspects should be held in "houses of
detention" between arrest and sentencing, a police cell may be
substituted. This provision was added to cover a shortage of
detention facilities. Critics charge that allowing suspects to
be detained by the same authorities that interrogate them
heightens the potential for prisoner abuse and coercion.
The length of time before a suspect is brought to trial depends
on the nature of the crime but rarely exceeds 2 months from
date of arrest; the average is 1 to 2 months. Critics charge
that access to counsel is limited both in duration and
frequency, although the Government denies that this is the
case. The Japanese Criminal Procedure Code grants the
prosecutor's office and investigating police officials the
power to limit access to attorneys when deemed necessary for
the sake of the investigation. This is interpreted to mean
that counsel may not be present during interrogation at any
time, before or after indictment. As a court-appointed
attorney is not approved until after indictment, suspects must
rely on their own resources to hire an attorney for counseling
before indictment. Some local bar associations provide
detainees with a free counseling session prior to indictment.
In practice, suspects able to afford private counsel may
consult with an attorney an average of two times during the
detention period before indictment, sometimes without private
access. Counsel is provided at government expense after
indictment when the arrested person cannot afford one.
Preventive detention does not exist.
e. Denial of Fair Public Trial
The Constitution provides for the right to a speedy and public
trial by an impartial tribunal in all criminal cases, and this
right is respected in practice. The defendant is informed of
charges upon arrest and assured a public trial by an
independent civilian court with defense counsel and the right
to cross-examination. The Constitution assures defendants the
right not to be compelled to testify against themselves as well
as free and private access to counsel, although the right to
such access is sometimes abridged in practice. For example,
the law allows prosecutors to control access to counsel, and
there are persistent allegations of coerced confessions.
Defendants are also protected from the retroactive application
of laws and have the right to access to incriminating evidence
after a formal indictment has been made. However, Japanese law
does not require full disclosure by the prosecutor, and
material that will not be used in court by the prosecution may
be suppressed, even if favorable to the accused.
The judiciary is independent and free from executive branch
interference. Judges are appointed by the Cabinet for a
10-year term, which can be renewed until the age of 65.
Justices of the Supreme Court can serve until the age of 70,
but face periodic review through popular referendum. A
defendant who is dissatisfied with the decision of a trial
court of first instance may, within the period prescribed by
law, appeal to a higher court. There are several levels of
courts, with the Supreme Court serving as the highest judicial
authority. There is no trial by jury in Japan.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under the Constitution, each search or seizure must be made
upon separate warrant issued by a judge. Standards for issuing
such warrants exist to guard against arbitrary searches. There
are no reports that the Government or any other organization
arbitrarily interfered with privacy, family, home, or
correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution, an independent press and judiciary, and a
functioning democratic political system combine to ensure
freedom of speech and press.
b. Freedom of Peaceful Assembly and Association
These freedoms are provided for in the Constitution and
respected in practice. In 1993 the Japanese media drew
attention to the alleged efforts of the Tokyo municipal
government to restrict the rights of Iranians living in Japan
to assemble in a popular local park. Citizen groups have taken
up the cause, arguing that the city's actions are
discriminatory. While the Government has not stood in the way
of efforts to resolve the problem through appropriate legal and
administrative means, neither has it acted to resolve the issue.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution and
respected in practice. While Buddhism and Shintoism remain the
two major religions, there are many others, including several
Christian denominations. Foreign missionaries are welcome and
gain admission to Japan through a specific visa category for
foreign religious workers. Some temples and shrines receive
public support as national historic or cultural sites.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Japanese citizens have the right to travel freely both within
Japan and abroad, to change their place of residence, to
emigrate, and to repatriate voluntarily. Japanese nationality
can be lost by naturalization in a foreign country or failure
to elect Japanese nationality at the proper age.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Japanese citizens have the right and ability peacefully to
change their government. A parliamentary democracy, Japan is
governed by the political party or parties able to form a
majority in the lower house of its bicameral Diet. From 1955
until 1993, all prime ministers and almost all cabinet
ministers were members of the Liberal Democratic Party (LDP),
which enjoyed a majority in the lower house throughout this
period. In 1993 the party lost its parliamentary majority.
The Government is now headed by a non-LDP coalition. Local and
prefectural governments are often controlled by coalitions.
Elections on all levels are held frequently; suffrage is
universal; and ballots are secret.
Postwar population movements have contributed to significant
imbalances in size among parliamentary electoral districts. In
the most underrepresented lower house district--mostly in urban
areas--there are nearly three times as many voters per
representative as in the most overrepresented districts--mostly
in rural areas. Among upper house districts, the maximum
disparity exceeds six-to-one. Court rulings have called for
more equitable electoral districts. One court in December
declared the July 1992 upper house election unconstitutional
because of the malapportionment problem, but the lack of a
nonpartisan redistricting mechanism has hampered the process of
adjustment. Prposed political reform legislation would
significantly reduce the disparity among lower house districts
but would not affect the situation in upper house elections.
There are no legal or de facto impediments to women's
participation in government and politics, but cultural
attitudes are not favorable to their participation. Women hold
14 seats in the 511-member lower house of the Diet, and 38
seats in the 252-member upper house. Three women--a record
high--are members of the current 21-member Cabinet. Women make
up nearly 20 percent of all government workers but hold less
than 1 percent of top (section chief and higher) government
posts.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A number of local human rights organizations function freely,
with no governmental restrictions or impediments. The
Government does not obstruct or inhibit the investigative
activities of international human rights nongovernmental
organizations.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The position of women in society and the home, although
significantly improved during the last few decades, continues
to reflect deep-seated traditional values that assign women a
subordinate role. In this environment, violence against women,
particularly domestic violence, often goes unreported due to
social and cultural concerns about shaming one's family or
endangering the reputation of one's spouse or offspring.
Typically, victimized women more often return to the home of
their parents rather than file reports with authorities.
Therefore, Ministry of Justice statistics on violence against
women undoubtedly understate the scope of the current
situation. Many local governments are responding positively to
a need for confidential assistance by establishing special
women's consultation departments in police and prefectural
offices.
Although discrimination by private employers against women is
prohibited by the Constitution, it persists. Legislation over
the past 30 years has been enacted to accord women the same
legal status as men. The Equal Employment Opportunity Law of
1986 was aimed at eliminating sex discrimination in such areas
as recruitment, pay, and working hours. Yet the law does not
expressly forbid discrimination; it merely states that
"employers should endeavor" to avoid it. Under this law and
other regulations, the Ministry of Labor attempts to encourage
corporate compliance with its objectives by positive
inducements, including subsidies; it does not enforce
compliance through fines or other punitive measures.
Significant disparities in pay and access to managerial
positions persist. Women comprise over 40 percent of the
employed population. A 1989 Ministry of labor report noted
that the average wage of women workers is about half that of
men. In March 1992, nine working married women filed lawsuits
with the Tokyo district court, citing discrimination in wages
and promotions. Other cases are pending which question
management's use of Japan's two-track (general versus
administrative) system of hiring women employees. Initially
designed to create a "career" track for employees while
maintaining a separate "clerical" track, observers say the
system is used to discriminate against women, who traditionally
have not been hired for managerial positions.
Public awareness of discrimination against women and sexual
harassment in the workplace has increased. An increasing
number of government entities are establishing hotlines and
designating ombudsmen to handle complaints of discrimination
and sexual harassment. Nevertheless, sexual discrimination and
stereotyping in the workplace continue to be major problems for
women.
Children
Japan has child labor laws, and the rights of children are
adequately protected.
Indigenous People
The Ainu are a Caucasoid people descended from the first
inhabitants of Japan. They now probably number less than
100,000; almost all of them live on Hokkaido, the northernmost
of Japan's four main islands. Their primary occupations are
hunting, fishing, and small farming. The ultimate effect of a
law passed in 1898, the Former Aborigines Protection Act, was
to leave the Ainu with only about 15 percent of their original
landholdings. Ainu leaders, including Giichi Nomura at the
Sapporo International Indigenous Peoples Symposium held as part
of the U.N. Year of the World's Indigenous Peoples, continue to
express grievances about this situation. Meanwhile, the Ainu
continue to face social discrimination while engaging in an
uphill struggle against complete assimilation. The Government
has done little in response to Ainu grievances. An interagency
study group opened hearings in January 1990 with the stated
goal of reviewing Ainu history and making recommendations, but
it has not played an active role.
National/Racial/Ethnic Minorities
The ethnocentric nature of Japanese society, reinforced by a
high degree of cultural and ethnic homogeneity and a history of
isolation from other cultures, has impeded the integration of
minority groups. This primarily affects Burakumin, Koreans,
and alien workers against whom social, economic, and legal
discrimination is widespread.
The Burakumin (descendants of feudal era "outcasts" who
practiced "unclean" professions such as butchering and
undertaking) are frequently victims of entrenched social
discrimination. Their access to private housing, employment,
and marriage opportunities has been greatly restricted.
Beginning in 1969, the Government introduced with some success
a number of social, economic, and legal programs designed to
improve conditions for the Burakumin and hasten their
assimilation into mainstream Japanese society. The Government
has extended basic legislation to provide funding for Burakumin
programs until 1997, but the Burakumin continue to lobby for a
new law that will expand current programs. In recent years,
however, some within the Burakumin community have questioned
whether "assimilation" is an appropriate goal.
Despite improvements in Japan's legal system, Korean permanent
residents (most of whom were born, raised, and educated in
Japan and who are estimated to number approximately 2 million)
are still subject to various forms of deeply entrenched social
discrimination. In recent years, the Government has enacted
several laws and regulations providing permanent resident
aliens with equal access to public housing and loans, social
security pensions for those qualified, and certain public
employment rights.
The legal obligations to carry an alien registration card and
to be fingerprinted have been leading concerns among permanent
resident aliens in Japan. This is particularly so for second-
and third-generation Korean residents, who constitute 82
percent of all such aliens. In response to continued appeals
from the Republic of Korea, the Government in 1993 halted the
fingerprinting of permanent foreign residents. Instead, the
Government has established a family registry system that uses
the resident's picture and signature and contains information
on parents and spouses living in Japan, a system similar to
that used for Japanese nationals. The new law leaves intact
the requirement that all foreign residents must carry alien
registration certificates at all times.
Some immigrants reportedly face police harassment and
discrimination in obtaining housing, jobs, and health care. In
recognition of the difficulties faced by foreigners in these
areas, Tokyo city recently issued a law to prevent housing
discrimination against foreigners. There have also been
efforts by the central and local governments to disburse
information on health insurance plans to enroll foreigners into
the system. Some communities are using existing social welfare
programs to cover emergency medical expenses incurred by
uninsured foreign visitors.
The January 1991 memorandum between the Japanese and South
Korean Governments extended employment rights to local
government positions, giving each locality the authority to
decide which jobs may be held by non-Japanese nationals. Local
governments are also being urged by the Government to allow
Korean residents to take the teacher entrance examination and
to employ them on a full-time basis. Private-sector employment
and social discrimination are still common. Antidiscrimination
laws affecting Korean residents were initiated as government
guidance and are not backed up by penalty provisions.
According to law, aliens with 5 years of continuous residence
are eligible for naturalization and the simultaneous
acquisition of citizenship rights, including the right to
vote. In fact, however, most eligible aliens do not apply for
citizenship, in part due to fears that their cultural identity
would thereby be denied. De facto obstacles to naturalization
include broad discretion on the part of adjudicating officers
and great emphasis on Japanese language ability.
The Justice Ministry's Immigration Bureau estimates that, as of
May 1993, there were 298,646 foreign nationals residing
illegally in Japan, an increase of 7 percent from the previous
year. Many are laborers from Southeast Asia and South Korea.
Additionally, there are a number of Iranian workers, but that
number declined by 13.8 percent, apparently as the result of
the Government's suspension on April 15, 1992, of a visa waiver
agreement it had with Iran for short-term visitors. While many
of Japan's illegally resident foreigners came in search of
better-paying manufacturing and construction jobs, there are
indications that these opportunities are disappearing with
Japan's economic slowdown. Thus, more of the foreign workers
are unemployed or marginally employed. Law enforcement sweeps
against South Asians and other foreigners have increased.
Activist groups claim that, with little or no knowledge of the
Japanese language or of their legal rights, foreign workers can
easily be discriminated against by employers. Some illegal
alien workers have suffered exploitative treatment. The
Government has tried to reduce the inflow of illegal foreign
workers by prosecuting employers. Recent revisions of the
Immigration Law provide for penalties for employers of
undocumented foreign workers. Suspected foreign workers may
also be denied entry for passport, visa, and entry application
irregularities. The Government continues to study the foreign
worker issue, and several citizens' groups are working with
illegal foreign workers to improve their access to information
on worker rights.
Japan has granted asylum in only a small number of cases to
those claiming fear of persecution upon return to their
homeland. The Government believes that most people seeking
asylum in Japan do so for economic reasons. According to
representatives of international organizations in Japan, since
1981 Japan has determined that only about 200 people have met
the required standard. As for Chinese student dissidents, the
Government has shown flexibility in dealing with visa
extensions, though it continues to be reluctant to grant
permanent asylum.
Strict administrative procedures contribute to the low rate of
approval of asylum applications. For example, appeals of
initial denials are reviewed by a higher authority of the same
body, and decisions are rarely overturned. Asylum seekers
claim that the processing of asylum applications is not readily
understandable, making it difficult for them to comply with
Government procedures. For example, the Government's "60-day
rule" requires applicants to appear at an immigration office
within 60 days of arrival or within 60 days of the time they
learn they are likely to be persecuted in their home country;
most asylum seekers arrive in Japan without knowledge of this
requirement and can inadvertently waive their claim by not
acting promptly. The Government recently stated that it is
striving to reform its asylum procedures and make them more
accessible and understandable to asylum seekers.
People with Disabilities
Japan has no national law protecting the rights of the
disabled, including access, but some prefectures and cities
have enacted their own legislation addressing the issue.
Section 6 Worker Rights
a. The Right of Association
The right of workers to associate freely in unions is assured
by the Constitution. Approximately 25 percent of the active
work force belongs to unions. Unions are free of government
control and influence. The Japanese Trade Union Confederation
(RENGO), which represents 8 million Japanese workers, was
formed in 1989 through the merger of several confederations and
is Japan's largest labor organization. There is no requirement
for a single trade union structure, and there are no
restrictions on who may be a union official. Members of the
armed forces, police, and firefighters, however, are not
permitted to form unions or to strike. The International Labor
Organization's Committee of Experts in 1991 criticized Japan's
denial of the right of firefighters to strike as unwarranted.
Government and union representatives have engaged in talks to
address this issue over the past 2 years, but no resolution has
been reached to date. Japanese law allows unions to lobby and
to make political campaign contributions, and most unions are
involved in political activity as well as labor relations.
RENGO and other labor groups are active in supporting political
parties and individual candidates and in promoting their
political and social programs.
Organized labor generally supports two social democratic
parties that are presently part of the governing coalition and
provides them with significant amounts of funds and manpower.
Unions are active in international bodies, most notably the
International Confederation of Free Trade Unions, and maintain
extensive international contacts. The right to strike is
implicit in the Constitution and is exercised. During 1992,
231,000 man days were lost to strikes. Public employees do not
have the right to strike, although they do have recourse to
mediation and arbitration. Government employees have their pay
raises determined by the Government, but the raises are based
on a recommendation by the Independent National Personnel
Authority.
b. The Right to Organize and Bargain Collectively
The Constitution states that unions have the right to organize,
bargain, and act collectively. These rights are exercised
freely, and collective bargaining is practiced widely. The
annual "spring wage offensive," in which individual unions in
each industry conduct negotiations simultaneously with their
firms, involves nationwide participation. Japanese management
usually consults closely with its enterprise union. However,
trade unions are independent of management and aggressively
pursue the interests of their workers. Antiunion
discrimination is prohibited by law, and in practice does not
take place. Members of the armed forces, police, and fire
fighters are not permitted to organize. There are no export
processing zones.
c. Prohibition of Forced or Compulsory Labor
The Labor Standards Law prohibits the use of forced labor, and
there are no known cases of forced or compulsory labor.
d. Minimum Age for Employment of Children
Under the revised labor Standards Law of 1987, minors under 15
years of age may not be employed as workers, and those under
the age of 18 years may not be employed in dangerous or harmful
work. Child labor laws are rigorously enforced by the labor
Inspection Division of the Ministry of Labor.
e. Acceptable Conditions of Work
Minimum wages are administratively determined by the Minister
of Labor or the Director of the Prefectural Labor Standards
Office, based usually on the recommendation of the tripartite
Minimum Wage Council. Minimum wage rates vary by industry and
region. In the Tokyo area, a steelworker's rate is $5.65 (620
yen) per hour. The wage rates are sufficient to provide
workers and their families with a decent living. The Labor
Standards Law provides for the phased reduction of maximum
working hours from the present 44-hour, 6-day workweek to 40
hours by 1994. The Ministry of Labor effectively administers
various laws and regulations governing occupational health and
safety, principal among which is the Industrial Safety and
Health Law of 1972. Standards are set by the Ministry of Labor
and issued after consultation with the Standing Committee on
Safety and Health of the tripartite Labor Standards
Commission. Labor inspectors have the authority to suspend
unsafe operations immediately, and the law guarantees that
workers may voice concerns over occupational safety and remove
themselves from unsafe working conditions without jeopardizing
their continued employment.
[end of document]
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