Universal Periodic Review – MEDIA BRIEF
Wednesday 31 October (afternoon)
(Disclaimer: The following brief is intended for use of
the information media and is not an official record. The note provides a
brief factual summary of the UPR Working Group meeting with the State
under review and does not cover all points addressed. An official
summary of the meeting can be found in the Working Group report.)
State under review |
Japan Represented by a 30-member delegation
headed by Mr. Hideaki Ueda, Ambassador in charge of Human Rights and
Humanitarian Affairs, Ministry of Foreign Affairs |
Documents |
To access national report, compilation of UN information, and summary of stakeholders’ information, visit the Japan page of the UPR website |
Troika * |
Bangladesh, Libya, Peru |
Opening statement by State under review |
Few points raised in the opening statement of State under review: (See full statement on the Japan page of the UPR extranet )
- The head of delegation noted that in July 2009 Japan ratified the
Convention on enforced disappearance and in April 2010, the Ministry of
Foreign Affairs set up the Division for the Implementation of Human
Rights Treaties;
- In March 2011, Japan extended a standing invitation to the Special
Procedures and the Special Rapporteur on the right to health was
visiting the country next month;
- In September 2012, the Cabinet adopted a decision confirming the
content of a Bill to establish a Human Rights Commission which will be
an independent body compliant with the Paris Principles;
- The Government of Japan was of the view that the application of the
death penalty was unavoidable in the case of the most heinous crimes and
therefore considered that the immediate abolition of the death penalty
was not appropriate;
- Japan has been working to realize a gender-equal society in various
fields based on the Third Basic Plan for Gender Equality formulated in
December 2010; furthermore, an Action Plan for Economic Revival through
Women’s Active Participation was formulated for a gender-equal society;
- Japan drew up an Action Plan to Combat Trafficking in Persons in
2009 and in July 2011 the Government compiled guidelines outlining the
measures to be taken by the concerned ministries and agencies engaged in
combatting in persons;
- Japan was carrying out intensive institutional reforms concerning
persons with disabilities and was moving towards an early ratification
of the Convention of the rights of persons with disabilities, which it
has already signed;
- In June 2008, the Diet adopted a resolution calling for the
recognition of the Ainu as an indigenous people and in July 2009 the
Advisory Council for the Future Ainu Policy proposed basic principles
for the future Ainu policies aiming to build a rich and cohesive society
where Ainu people can live with a sense of pride;
- Noting that 19 months had passed since the earthquake of March 2011,
the head of delegation stated that in order to achieve reconstruction
the Government was committed to alleviating the continuing hardship of
the people affected by the disaster and was decisively carrying out
reconstruction projects without delay;
- Responding to questions posed in advance, a member of the delegation
noted that per the Constitution of direct or indirect discrimination
was prohibited in Japan; as far as children who were born out of
wedlock, provided that the authorities were notified of the birth the
registration of the child’s birth was permissible;
- In response to questions posed by States during the review, the
delegation noted that the majority of Japanese people were of the view
that the death penalty was unavoidable and that a life sentence in place
of a death sentence was unfair for the prisoner as they were not given
the possibility of release;
- Discrimination in recruitment, wage disparity and dismissal on the basis of pregnancy were prohibited by law.
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Participants |
In total 79 States participated in the dialogue: 28 HRC members and 51 observers (Statements available on the Japan page of the UPR extranet) |
Positive achievements |
Positive achievements noted by delegations included, among others:
- The promotion of disaster reduction policies and efforts to respect human rights during the reconstruction;
- The extension of a standing invitation to the Special Procedures;
- Measures to uphold the rights of the child and to combat human trafficking;
- Steps to promote and protect the rights of persons with disabilities;
- Initiatives to prevent violence against women and to advance women’s rights and the Third Basic Plan for Gender Equality;
- Achievements in the field of socio-economic development and the realization of the MDGs.
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Issues and Questions |
Issues and questions raised by the Working Group included, among others:
- Plans envisaged to abolish the death penalty or impose a moratorium;
- Efforts to reform the prison/detention system and to uphold the rights of prisoners;
- Measures to address cases of child abduction and child pornography;
- Plans to set up a national human rights commission in compliance with the Paris Principles;
- Steps to enhance the gender equality and eliminate gender stereotypes;
- Anti-discrimination legislation, particularly targeting migrants and disabled persons.
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Recommendations |
States participating in the dialogue posed a series of recommendations to Japan. These pertained to the following issues, among others:
- Abolishing the death penalty or establishing a moratorium on its
use, and establishing a national dialogue in this regard; and
considering imposing a life sentence in place of a death sentence;
- Reforming the detention system (Daiyo Kangoku) to bring it in line with international standards;
- Defining discrimination in national legislation in line with the
CERD and prohibiting all forms of discrimination including on the basis
of age, gender, religion, sexual orientation, ethnicity or nationality
and adopting specific legislation to outlaw direct and indirect racial
discrimination and guaranteeing access to effective protection and
remedies through competent national courts;
- Strengthening efforts to promote and protect the rights of migrants
including through public awareness and implementing a comprehensive
anti-discrimination law providing effective protection against
discrimination against persons with disabilities;
- Facilitating the acquisition of nationality by all children born on
its territory who would otherwise be stateless and ensuring free birth
registration;
- Taking further steps to raise public awareness of, and to eliminate
gender stereotypes against women and ensuring greater political
representation and participation of women in public life;
- Conducting a comprehensive study on the situation of minority women
and developing a national strategy to improve living conditions for
minority women;
- Taking measures acceptable to the victims of the issue of so-called
“comfort women” who were forced into sexual slavery for the Japanese
Imperial Army during the Second World War;
- Adopting a plan of action to combat sexual exploitation of children,
child pornography and prostitution and to provide assistance to victims
of sexual exploitation, and reviewing legislation with a view of
criminalizing the possession of child pornographic materials;
- Step up efforts to establish a national human rights institution in compliance with the Paris Principles;
- Protecting the right to health and life of residents living in the
area of Fukushima from radioactive hazards and ensuring a visit of the
Special Rapporteur on the right to health in that connection;
- Ratification of human rights instruments:
the Convention on the rights of migrant workers, the Palermo protocol
on human trafficking, OP to the CESCR, the 2nd OP to the ICCPR, the
OPCAT, the Hague Convention on the Civil Aspects of International Child
Abduction, the 3rd OP to the CRC, the Convention on the rights of
persons with disabilities, and the OP to CEDAW.
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Adoption of report of Working Group |
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