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TITLE: JAPAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
JAPAN
Japan is a parliamentary democracy based on a 1947
Constitution. Sovereignty is vested in the people, and the
Emperor is defined as the symbol of state. 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. 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, formed in June 1994,
is a three-party coalition consisting of the LDP, the Social
Democratic Party of Japan, and the new party Sakigake. The
judiciary is independent of the Government.
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 credible reports of harsh treatment of some suspects in
custody.
Japan's industrialized free market economy is highly efficient
and competitive in world markets. In 1994 the economy began to
recover from a recession that began in 1991.
A just and efficient legal system generally assures observance
of constitutionally provided human rights. 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. There also continue to be reports of
physical and psychological abuse of prisoners or detainees.
Officials are sometimes dismissed for such abuse but are seldom
tried, convicted, and imprisoned.
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 reports of political or other extrajudicial
killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution provides for freedom from torture and cruel,
inhuman, or degrading treatment or punishment. However,
reports by several Japanese bar associations and some prisoners
indicate that police sometimes use physical violence, including
kicking and beating, as well as psychological intimidation,
including threats and name calling, to obtain confessions from
suspects in custody or to enforce discipline. 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
system places on admissions of guilt. The Government also
points out that the high percentage of confessions, like the
high conviction rate, is reflective of a higher standard of
evidence needed to bring about indictment in the Japanese
system. Appellate courts have overturned several convictions
in recent years on the ground that they were obtained as a
result of forced confession. In addition, civil and criminal
suits have been brought against some police and prosecution
officials, alleging abuse during interrogation and detention.
While many of these cases are still pending, one Tokyo public
prosecutor was dismissed and two resigned in 1994 in separate
incidents of alleged assaults on witnesses during questioning.
One of the prosecutors involved has been indicted, and the
State has agreed to compensate one of the victims.
The National Bar Association and human rights groups have
criticized the prison system, with its emphasis on strict
discipline and obedience to numerous rules. Guards sometimes
selectively enforce rules and impose punishment, including
"minor solitary confinement," which may be imposed for at least
1 and not more than 60 days and in which the prisoner is made
to sit (for foreigners) or kneel (for Japanese) motionless in
the middle of an empty cell.
Some human rights groups allege that physical restraints, such
as leather handcuffs, have been used as a form of punishment
and that prisoners have been forced to eat and relieve
themselves unassisted while wearing these restraints. Ministry
of Justice officials state that restraints are only used inside
the prison when prisoners have been violent and pose a threat to themselves and others, or when there is concern about an
attempt to escape.
d. Arbitrary Arrest, Detention, or Exile
Constitutional provisions for freedom from arbitrary arrest or
imprisonment are respected in practice. Japanese law provides
for judicial determination of the legality of detention.
Persons may not 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 without judicial proceedings. This period may
be 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. Bail
is available in only about 25 percent of cases.
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 detention
facility may be substituted at the order of the court. This
provision was originally added to facilitate investigation and
cover a shortage of normal detention facilities. However,
according to a 1994 Ministry of Justice report, normal
detention facilities were filled to only 60 percent of capacity
in 1993. Critics charge that allowing suspects to be detained
by the same authorities that interrogate them heightens the
potential for detainee abuse and coercion. The Government
counters that adequate safeguards to prevent abuse, including
strong judicial oversight, have been built into the system.
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 Criminal Procedure Code grants the prosecution and
investigating police officials the power to control access to
attorneys before indictment when deemed necessary for the sake
of the investigation. 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. In addition, counsel may not be present during
interrogation at any time before or after indictment. Beyond
this, the Government affirms that the right of the accused to
seek legal counsel is fully respected and that attorneys are
almost always able to see clients without obstruction. Some
local bar associations provide detainees with a free counseling
session prior to indictment. Counsel is provided at government
expense after indictment if the arrested person cannot afford
one.
Preventive detention does not exist.
e. Denial of Fair Public Trial
The Government respects in practice the constitutional
provisions for the right to a speedy and public trial by an
impartial tribunal in all criminal cases. 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 before indictment, and there are persistent
allegations of coerced confessions. Defendants are also
protected from the retroactive application of laws and have the
right of 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.
The judiciary is independent and free from executive branch
interference. Judges are appointed by the Cabinet for 10-year
terms, which can be renewed until judges have reached 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
were 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.
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
may be lost by naturalization in a foreign country or failure
to elect Japanese nationality at the required 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. From August 1993 to June 1994, non-LDP coalitions
governed the country. The current three-party coalition
government includes the LDP but is headed by a Prime Minister
from the Japan Socialist Party. 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 contributed to significant
imbalances in size among parliamentary electoral districts. In
June, however, the Diet approved legislation reducing the
maximum voting weight disparity among upper house districts of
the Diet from almost six-and-a-half to one to less than five to
one. In November 1994 the Diet passed legislation reducing the
maximum voter weight disparity to approximately two to one in
lower house districts. In addition, the new legislation
provides that two-fifths of lower house members will be elected
in proportional races which, in effect, further reduces
malapportionment.
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. The 21-member Cabinet
includes only 1 female member. Women make up nearly 20 percent
of all government workers but hold less than 1 percent of top
(section chief and higher) government posts. In 1994 the Prime
Minister's office promulgated an action plan to increase the
ratio of women in leadership positions on government advisory
panels to 30 percent by fiscal year 1995. However, the target
was later cut to 15 percent, a step apparently reflecting
slower than anticipated progress. Only 40 of the 201 existing
panels currently meet the 15-percent target.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local human rights organizations function freely, with no
governmental restrictions or impediments. International human
rights nongovernmental organizations have been allowed to work
freely in Japan, although the Government restricts access to
prisons and detention facilities by human rights groups.
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. The Civil Liberties Bureau also commissions private
citizens, nominated by prefectural governments, to investigate
charges of discrimination.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The position of women in society, although significantly
improved during the last few decades, continues to reflect
deep-seated traditional values that assign women a subordinate
role in the workplace. Although discrimination by private
employers against women is prohibited by the Constitution, it
persists. Legislation has been enacted over the past 30 years
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.
As part of their lower overall intake of new employees because
of recessionary pressures, some companies announced that they
would hire no women in 1994; other companies did not announce
such a policy but reduced the percentage of women hired for
entry-level positions.
Significant disparities in pay and access to managerial
positions persist for women, who comprise over 40 percent of
the employed population. Several cases are pending which
challenge management's allegedly biased use of Japan's
two-track (general versus administrative) system in 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. While the Labor Standards Law prohibits employers
from discriminating against women in wages, it does not ban
disproportionate hiring into different career tracks based on
gender. A 1994 Ministry of Labor report noted that the average
wage of women workers is less than 60 percent of that of men
and that women account for only 4.1 percent of management posts
in the country. An increasing number of women have filed
discrimination suits and have protested unfair hiring practices
of Japanese firms.
Public awareness of discrimination against women and sexual
harassment in the workplace has increased. A growing number of
government entities are establishing hot lines 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.
Violence against women, particularly domestic violence, often
may go 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.
Recent immigration trends reflect the growing problem of
trafficking of Asian women to Japan. While the number of
illegal male workers has decreased from its peak in November
1992, the number of illegal female workers continued to
increase. Human rights groups estimate that over 60 percent of
illegal female immigrants work in occupations involving
prostitution. The Government is working to reduce the foreign
prostitution problem by enforcing existing antiprostitution
laws as well as provisions in the Immigration Control and
Refugee Recognition Act directed against anyone "encouraging a
person to engage in illegal work." Over the past year, police,
especially in Tokyo, have conducted a number of sweeps against
both foreign prostitutes and their employers.
In August 1993, the Japanese Prime Minister officially
acknowledged and apologized for the former Imperial
government's involvement in the Japanese army's practice of
forcing an estimated 200,000 women (including Koreans,
Filipinos, Chinese, Indonesians, Burmese, Dutch, and Japanese)
to provide sex to soldiers between 1932 and 1945. Current
plans by the Government to atone for these abuses do not
include direct government compensation to surviving "comfort
women." Two cases are pending in Tokyo District Court--one
brought by 3 Korean plaintiffs and the other by 18 Filipino
plaintiffs--seeking compensation for these abuses, but a
decision in these cases is likely to take years.
Children
In general the rights of children are adequately protected. In
recent years, however, more attention has been paid to the
problem of severe bullying, or "ijime," involving verbal or
physical abuse in middle and high schools. Over 10,000 serious
cases of ijime are reported to the Ministry of Education
annually, although human rights organizations estimate that the
true number of such incidents is much higher. In 1993, 92
children under the age of 14 committed suicide, many apparently
in response to ijime. In an effort to cope with ijime, as well
as with other children's issues, the Ministry of Justice
established the Office of Ombudsman for Children's Rights in
August 1994.
Indigenous People
The Ainu, a Caucasoid people descended from the first
inhabitants of Japan, 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-scale farming. A law passed in
1899, the Former Aborigines Protection Act, left the Ainu with
only about 15 percent of their original landholdings. Ainu
leaders 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 been largely moribund. A
milestone was reached on October 13, 1994, when a Sapporo
district court defined the Ainu as a minority group. However,
in November the Ainu failed in their attempt to obtain a court
ruling that they are an indigenous people with special land,
fishing, and cultural rights.
In July Shigeru Kayano became the first Ainu member of the Diet
when he gained a seat in the House of Councilors. Kayano
declared his intent to promote Ainu rights legislation in the
Parliament, but immediate progress appears unlikely.
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 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 safeguards against
discrimination, Korean permanent residents (most of whom were
born, raised, and educated in Japan and who are estimated to
number approximately 700,000) are still subject to various
forms of deeply entrenched social discrimination. In 1994, as
Japanese concerns over North Korea's suspected nuclear
development program grew, verbal and physical attacks escalated
against pro-North Korean sympathizers until tensions decreased
in midyear. Between April and July, over 120 such
incidents--mostly targeting Korean school students--were
alleged by the pro-North Korea Chosen Soren Residents'
Association. The Ministry of Justice acknowledged 42 attacks
on Korean students as "human rights violations" as of June.
The Government in 1993 halted the fingerprinting of permanent
foreign residents. (A Korean alien resident of Japan who lost
her permanent resident status because of her refusal to be
fingerprinted won an appeal to the Fukuoka High Court after the
law was repealed.) Instead of fingerprinting, 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 current law leaves intact the
requirement that all foreign residents must carry alien
registration certificates at all times.
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.
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 has issued a law to prevent housing
discrimination against foreigners. There have also been
efforts by the central and local governments to disseminate
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. In the
first court test of Japan's antidiscrimination laws, in
September a second-generation Korean nurse sued the Tokyo
metropolitan government on the grounds that she had been
refused consideration for promotion because she is not
Japanese. At year's end the case was still pending.
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 choose not to
apply for citizenship, in part due to fears that their cultural
identity would thereby be lost. De facto obstacles to
naturalization include broad discretion available to
adjudicating officers and great emphasis on Japanese language
ability.
The Immigration Bureau of the Justice Ministry estimates that,
as of May 1994, there were 293,800 foreign nationals residing
illegally in Japan, a decrease of 1.6 percent from the previous
year. Many are laborers from Southeast Asia, China, Iran, and
South Korea.
While many of Japan's illegally resident foreigners came in
search of better-paying manufacturing and construction jobs,
there are indications that these opportunities decreased during
Japan's economic slowdown. Thus, more of the foreign workers
are unemployed or marginally employed. Law enforcement sweeps
against illegal foreign workers 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 been exploited. The Government has tried to
reduce the inflow of illegal foreign workers by prosecuting
employers. Recent revisions of the Immigration Law provide for
penalties against 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 the
Foreign Ministry, from 1982 to August 1994, Japan determined
that 206 of 1,109 applicants met the required standard for
asylum. 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.
In March, in accordance with the Comprehensive Plan of Action
(CPA) developed in Geneva in 1989 by participating nations to
determine the refugee status of Indochinese asylum seekers, the
Government changed its position on screening procedures for
Vietnamese boat people--it will no longer conduct special
screening procedures for newly arrived boat people and will
treat them as it would all other illegal entrants to Japan.
Strict administrative procedures contribute to the roughly
20-percent rate of approval of asylum applications. For
example, appeals of initial denials are reviewed by a separate
authority of the same body, and decisions are rarely
overturned. Asylum seekers and some critics claim that the
processing of asylum applications is not readily
understandable, making it difficult for applicants to comply
with government procedures. Also, 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. In an effort to make procedures clearer to
applicants, the Government has revised the English-language
pamphlet it distributes to those interested in the asylum
process.
People with Disabilities
Japan has no national law protecting the rights of the
disabled, including access and employment, but some prefectures
and cities have enacted their own legislation addressing the
issue. Despite growing awareness of the issue, access to
public transportation, "mainstream" public education, and other
facilities is often quite limited for the disabled in Japan.
Section 6 Worker Rights
a. The Right of Association
The right of workers to associate freely in unions is assured
by the Constitution. Approximately 24 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 and was
formed in 1989 through the merger of several confederations, 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. Most unions are
involved in political activity as well as labor relations but
are not controlled by political parties.
Unions are active in international bodies, most notably the
International Confederation of Free Trade Unions, and maintain
extensive international contacts. The right to strike,
implicit in the Constitution, is exercised. During 1993,
116,000 worker days were lost to strikes. Japanese laws
prohibit retribution against strikers and are effectively
enforced. Public employees do not have the right to strike,
although they do have recourse to mediation and arbitration.
The Government determines the pay of government employees based
on a recommendation by the independent National Personnel
Authority.
b. The Right to Organize and Bargain Collectively
The Constitution gives unions 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 adequate mechanisms exist for resolving such cases as
do exist. A high-profile example still pending concerns the
privatization of the national railway system in 1986. The East
Japan Railway Company and some of the other private successor
companies of the Japan National Railway refused to offer
employment to thousands of former employees who were union
members. Fourteen cases related to this matter have been filed
with the Central Labor Commission. Two have been decided in
favor of the workers but are under appeal by management, and
the other 12 were still pending at year's end.
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. The Labor Inspection Division of the Ministry of Labor
rigorously enforces child labor laws.
e. Acceptable Conditions of Work
The Minister of Labor or the Director of the Prefectural Labor
Standards Office administratively determines minimum wages,
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 $6.25 (620 yen) per
hour. The wage rates are sufficient to provide workers and
their families with a decent living. Amendments to the Labor
Standards Law provided for the phased reduction of maximum
working hours in most industries from the 44-hour, 6-day
workweek to 40 hours in 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 provides that workers may voice concerns over
occupational safety and remove themselves from unsafe working
conditions without jeopardizing their continued employment.
(###)
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