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Title: Jamaica Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
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 exercised by 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. The Government, formed in June 1994, is a three-party
coalition consisting of the Liberal Democratic Party, the Japan
Socialist Party, 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.
The industrialized free market economy is highly efficient and
competitive in world markets and provides residents with a high standard
of living. In 1995, however, the economy continued in a state of
recession which began in 1991.
A just and efficient legal system generally assures observance of
constitutionally provided human rights. However, there continue to be
some reports of physical and psychological abuse of prisoners or
detainees. Officials are sometimes dismissed for such abuse but are
seldom tried, convicted, and imprisoned. The Burakumin (a group
historically treated as outcasts), the Ainu (Japan's indigenous people),
women, and alien residents experience varying degrees of societal
discrimination, some of it severe and longstanding.
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 politically motivated 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, human rights groups, 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. Although under the Constitution, no
criminal suspect can be compelled to make a self-incriminating
confession, roughly 90 percent of all criminal cases going to trial
include confessions, reflecting the priority that the system places on
admissions of guilt. The Government 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. Since a system of arraignment does not exist in Japan, a
suspect, if indicted, will be brought to trial even if that person has
confessed to the crime. This results in a higher conviction rate than
would otherwise be the case.
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. Finally, there were scattered allegations of beatings of
detainees in immigration detention facilities.
The Japanese Federation of Bar Associations 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 used inside the prison only when prisoners have been
violent and pose a threat to themselves and others, or when there is
concern that a prisoner might 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. People 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.
Preindictment custody may be extended by a judge for up to 20 additional
days. 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." Although the 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 cover a shortage of normal
detention facilities. However, according to the most recent Ministry of
Justice White Paper on Crime, published in 1994, normal detention
facilities were filled to approximately 52 percent of capacity in 1993.
Critics charge that allowing suspects to be detained by the same
authorities who interrogate them heightens the potential for 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. 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 judiciary is independent and free from executive branch
interference. The Cabinet appoints judges 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.
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 of cross-examination. The Constitution provides
defendants with the right not to be compelled to testify against
themselves as well as to 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, the law does not require full
disclosure by the prosecutor, and material that the prosecution will not
use in court may be suppressed.
There were no reports of 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 provides for freedom of speech and of the press, and
the Government respects these rights in practice. An independent press,
an effective judiciary, and a functioning democratic political system
combine to ensure freedom of speech and of the press, including academic
freedom.
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 is respected
in practice. While Buddhism and Shintoism are the two major religions,
there are many others, including several Christian denominations. Some
temples and shrines receive public support as national historic or
cultural sites.
The Government does not require that religious groups be licensed.
However, to receive official recognition as a religious organization,
which brings tax easement and other benefits, a group must register with
local or national authorities as a "religious corporation." In
practice, almost all religious groups register, and in 1995 the
procedure was little more than a formality. However, following a series
of crimes allegedly carried out by the Aum Shinrikyo religious sect, the
Government prepared, and the Diet in December passed, amendments to the
Religious Corporation Law. The amendments give governmental authorities
increased oversight of religious bodies and require greater disclosure
of financial assets by religious corporations. Another change shifts
authority over religious corporations active in more than one prefecture
from local authorities to the Ministry of Education. It remains unclear
whether these amendments will result in an infringement of freedom of
worship or of expression.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
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, for people born with dual nationality, or by failure to
elect Japanese nationality at the required age.
Japan has granted asylum in only a small number of cases to those
claiming fear of persecution if they 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 1995, Japan determined that 208 of 1,162 applicants met the
required standard for asylum. The Government has shown flexibility in
dealing with visa extensions for Chinese student dissidents, although it
continues to be reluctant to grant permanent asylum.
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.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens have the right peacefully to change their government and are
able to exercise this right in practice through frequent, free, and fair
elections on the basis of universal suffrage by secret ballot. 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. Local and
prefectural governments are often controlled by coalitions.
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 19 seats in the 252-member upper house. As of
December, the 21-member Cabinet had no female members. Women make up
21.6 percent of all national government workers but hold less than 0.8
percent of top (director level and higher) government posts. In 1991
the Prime Minister's Office promulgated an action plan to increase the
number of women in leadership positions on government advisory panels to
30 percent by the end of fiscal year 1995. However, the target was
later cut to 15 percent, a step apparently reflecting slower than
anticipated progress. Only 75 of the 203 existing panels have met the
15-percent target.
There is one Ainu member of the Diet (see Section 5).
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A number of local and international human rights organizations function
freely, without governmental restrictions or impediments, investigating
and publishing their findings on human rights cases. Government
officials are generally cooperative and responsive to their views,
although the Government restricts access to prisons and detention
facilities by human rights groups.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution prohibits discrimination on the basis of race, creed,
sex, social status, or family origin, and, in general, the Government
enforces these provisions effectively.
Women
According to the Ministry of Justice, 2,204 incidents of spousal abuse
against women were reported to authorities in 1994. However, 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 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 1992, the number of illegal female workers
has continued to increase. According to the Ministry of Justice, just
over 6 percent of illegal female immigrants work in occupations
involving prostitution. However, human rights groups estimate that the
figure is actually much higher. 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." In recent years, police, especially in Tokyo, have conducted a
number of sweeps against both foreign prostitutes and their employers.
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, promotion, and vocational
training. Yet the law does not expressly forbid discrimination in
recruitment, hiring, assignment, and promotion of workers; 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; it does not
enforce compliance through fines or other punitive measures. In
addition, as part of their lower overall intake of new employees because
of continuing recessionary pressures, some companies announced that they
would hire no women in 1995. Other companies did not announce such a
policy but reduced the percentage of women hired for entry-level
positions or laid off a higher proportion of female than male employees.
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 female 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. According to the
Ministry of Labor, the average wage of women workers in 1995 was less
than 65 percent of that of men, and women hold only 3.9 percent of
management posts in the country. In May an advisory commission to the
Tokyo governor ruled in favor of six female employees who accused their
employer of sexual discrimination in personnel assignment and wage
distribution.
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.
In August 1993, the Prime Minister officially acknowledged and
apologized for the former Imperial Government's involvement in the
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 make amends for these abuses by the old Imperial Army 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. Meanwhile, in August, a government-backed, private body
known as the Asian Women's Fund began to raise private-sector funds for
eventual payment as compensation to surviving comfort women.
Children
The Government is committed to children's rights and welfare, and in
general, the rights of children are adequately protected. Boys and
girls have equal access to health care and other public facilities.
There is no pattern of societal abuse against children.
In recent years, the problem of severe bullying, or "ijime," received
greater public attention. It involves verbal or physical abuse in
middle and high schools. In 1994 there were 21,598 cases of bullying
reported to the Ministry of Education, but many cases go unreported.
According to police reports, 11 children under the age of 18 committed
suicide in response to bullying last year, and the actual number of
bullying-related suicides was probably higher. To cope with bullying,
as well as with other children's issues, the Ministry of Justice in
August 1994 established the Office of Ombudsman for Children's Rights.
People with Disabilities
Although not generally subject to overt discrimination in employment,
education, or in the provision of other state services, the disabled
face limited access to public transportation, "mainstream" public
education, and other facilities. 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 the disabled's lack of legal protection, there is
growing societal awareness of the issue.
Indigenous People
The Ainu, a people descended from the first inhabitants of Japan, now
probably number fewer than 100,000; almost all of them live on Hokkaido,
the northernmost of Japan's four main islands. Their primary
occupations are fishing, small-scale farming, and manual labor. As a
result of a law passed in 1899, the Former Aborigines Protection Act,
the Ainu today control only approximately 0.15 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
not been active. Additionally, in March the Government formed an
advisory panel to the Chief Cabinet Secretary to focus on Ainu issues.
The body is to issue a report following a 1-year discussion period.
In July 1994, Shigeru Kayano became the first Ainu member of the Diet
when he gained a seat in the House of Councilors. Kayano has drawn
attention to Ainu issues.
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.
The Burakumin (descendants of feudal era "outcasts" who practiced
"unclean" professions such as butchering and undertaking), although not
subject to governmental discrimination, are frequently victims of
entrenched social discrimination including restricted access to housing
and employment opportunities. They are estimated to number
approximately 3 million, but most prefer to hide their identity.
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. In recent years, however, some within the Burakumin community
have questioned whether assimilation is an appropriate goal. 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.
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 1993 the Government halted the fingerprinting of permanent foreign
residents. 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 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, the city of Tokyo has
issued a law to prevent housing discrimination against foreigners.
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 supported by penalty provisions. In the
first court test of Japan's antidiscrimination laws, in September 1994 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. The case is still pending.
By 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. In February,
the Supreme Court ruled that the Constitution does not bar permanent
foreign residents from voting in local elections. However, the court
also ruled that existing laws denying voting rights to foreign residents
are not unconstitutional.
The Immigration Bureau of the Justice Ministry estimates that, as of May
1995, there were 286,704 foreign nationals residing illegally in Japan,
a decrease of 2 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, these opportunities
decreased during Japan's economic slowdown. Thus, more of the foreign
workers are unemployed or marginally employed. Some illegal alien
workers have been exploited. Activist groups claim that, with little or
no knowledge of the Japanese language or of their legal rights,
employers can easily discriminate against foreign workers. The
Government attempts to deal with the problem of illegal workers within
the bounds of existing law. It 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.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for the right of workers to associate freely
in unions. Approximately 24 percent of the active work force belongs to
unions. Unions are free of government control and influence. Most
unions are involved in political activity as well as labor relations,
but they are not controlled by political parties. The Japanese Trade
Union Confederation (RENGO), which represents 7.8 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.
In 1995 Japan made progress on the 20-year-long dispute before the
International Labor Organization's Committee on the Application of
Recommendations and Conventions involving the right of firefighters to
organize a union. The Home Affairs Ministry and the Prefectural and
Municipal Workers Union agreed to establish a consultation system to
serve as a stopgap measure, while revision of the Local Officials Act is
being studied with a view to allowing union organization by firefighters
and other emergency workers (except police).
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 1994, 85,000 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 provides unions with 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.
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 $7.25 (708 yen) per hour. The wage rates are sufficient to
provide workers and their families with a decent living. The Labor
Standards Law provides for a 40-hour maximum workweek in most
industries.
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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