COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES EXAMINATION OF REPORT OF JAPAN

CESCR
26th session
21 August 2001
Afternoon




The Committee on Economic, Social and Cultural Rights this afternoon concluded its debate on a second periodic report of Japan on how that country is giving effect to the provisions of the International Covenant on Economic, Social and Cultural Rights.

Over the course of the debate, the members of the Japanese delegation, headed by Koichi Haraguchi, the Permanent Representative of Japan to the United Nations and other international organizations at Geneva, told the Committee that the number of homeless persons in Japan amounted to approximately 20,450 as of October 1999; protection facilities had been accorded in nursing homes for elderly people free of charge.

Responding to a question on abortion, the delegation said that in 1990, 340,000 abortions had been practised in the country. Young women who married early were affected by such acts because they were not prepared; however, the trend of abortions had been declining.

Several Committee Experts made a number of comments and queried the delegation on such issues as the World War II "comfort women"; corporal punishment; abortion; teenage suicide; the status of children born out of wedlock; forced evictions; and homelessness, among other things.

The Committee will release its concluding observations and recommendations on the second periodic report of Japan towards the end of its three-week session on 31 August. The conclusions are adopted in private meetings.

Japan is among the 145 States parties to the International Covenant and on that basis, it is obligated to submit periodic reports to the 18-member Committee on the various measures undertaken to implement the provisions of the treaty. A 21-member Japanese delegation representing a number of Government ministries was on hand during two meetings to present the report and to answer Committee members' queries.

A representative of the United Nations Educational, Scientific and Cultural Organization (UNESCO) also contributed to the debate by expressing satisfaction at the role played by Japan in promoting world culture and advancing modern learning.

During the discussion of the report of Japan, the room was filled with representatives of 70 Japanese non-governmental organizations who travelled for the purpose of attending the debate.

When the Committee reconvenes at 11 a.m. in public meeting on Wednesday, 22 August, it will take up the initial report of Nepal.

Discussion of Japanese Report

At the beginning of the meeting, a number of Committee Experts raised questions on such issues as longevity of working hours; minimum wage; the right to strike; sanctions against employers with regards to discrimination against women; and minimum age for work.

Responding to questions raised this morning and this afternoon, the members of the Japanese delegation said that the number of Koreans residing in Japan was 500,000 and not 50,000 as wrongly mentioned this morning. The Koreans had special residence permits.

Asked about the number of working disabled persons, the delegation said that at present they comprised 1.49 per cent of the whole working population. The target was to reach 1.8 per cent.

The minimum wage system was applicable to all categories of workers except disabled persons, the delegation said. Special consideration was accorded to disabled persons on a case-by-case basis at the regional level.

Concerning paid holiday, the delegation said that in relative terms the number of paid holidays was not high, but companies were encouraged to take measures in that direction.

Japan had ratified a number of International Labour Organization (ILO) conventions. The Government needed to prepare the ground for other ILO conventions before ratifying them, the delegation said.

With regard to the Burako people of the Dowa district, special measures had been taken by the Government of Japan, the delegation said. The validity of the law enacted with respect to them would expire next year. However, further measures would be taken in favour of their well-being.

The Japanese pension system benefited those who paid a certain amount of premium, the delegation said. There was an equal treatment in payment of benefits to those who paid their initial premium. Social benefits started at the age of 60 years. There was no compulsory retirement age set by the law; however, when business proprietors set retirement age, they had a legal obligation to set the age at 60 or older. The revision of the pension system was being debated in order to cope with the evolving and changing societal conditions.

To protect public interest, the rights of workers in certain sectors to strike were curtailed, the delegation said. Teachers, fire fighters and the police were restricted from striking. Their role was considered too essential. In general, the right of civil servants to strike was prohibited by the "national public service law".

The Government of Japan was working on a plan aimed at reducing the period of part-time working hours and the overall working hours of workers, the delegation said. The plan would advocate less hours in all sectors of work in the country.

With regard to the apology addressed to the former "comfort women" from Korea and the Philippines, the Prime Minister of Japan made that apology in 1995 on the occasion of the fiftieth anniversary of the end of the Second World War, the delegation said. The Government of Japan had been doing its utmost in addition to the financial contributions it made to the Asian Women's Fund. A memorandum of understanding had already been signed with the respective States so that the money would go to support the former "comfort women".

Since 1991, the Government of Japan had been conducting a thorough fact-finding study on the issue of wartime "comfort women" and had it announced its results, the delegation said. Public documents found as a result of this study were now open to the public. The Government had expressed its sincere apologies and remorse to the former "comfort women" on many occasions. The Government would continue its efforts to seek the understanding from the Governments and authorities and other parties of the countries and regions concerned with regard to the activities of the Asian Women's Fund.

An Expert intervened to clarify that the money collected by the Asian Women's Fund was from private institutions and not from the Government of Japan.

Committee members continued to put queries to the delegation. An Expert said that family violence was not given too much attention by courts considering it to be a normal way of life; in addition, trafficking in women and young girls had been reported; a great deal of violence in school establishments was registered; and corporal punishment was practised in spite of the legal law prohibiting its application. What measures were taken by the Government to implement the existing legal provisions.

Another Expert also said that prostitution by small girls had increased in Japan by five-fold during the last eight years; the law prohibited sexual intercourse with girls of 13 years or younger, but consensual sexual intercourse was not considered as a crime; the delegation was requested to provide explanation.

Other Committee members also asked questions relating to forced evictions; the status of children born out of wedlock; environmental health conditions, particularly safety concerning nuclear accidents; teachers' violence in schools; the situation of abortion; the right to housing; and homelessness, among other things.

Responding to the questions, the Japanese delegation said that counselling for domestic violence would be provided in order to ease the situation in that regard. A fine or a prison term would be inflicted against the author of domestic violence in a law that would come into force next October. Temporary protection would also be provided to victims of violence, and training would be given to medical and law enforcement personnel.

Child prostitution law provided protection to children under 18 years old, the delegation said. In 2000, 985 persons were arrested in relation to child prostitution; and this year, already 654 persons had been arrested in connection with the same offence. With regard to sexual delinquency, 4,130 women were involved in such acts and actions were taken by the police.

Concerning teenage sexual intercourse, the Japanese law prohibited any sexual acts with persons under 13 years and any such acts, whether consensual or not, would amount to rape, the delegation said. In the event that a child under 13 years was found in such circumstances, psychological therapy was provided by Government agents. In February 2001, the Government had developed the "Japan's Action Plan Against Commercial Sexual Exploitation of Children" based on the declaration and agenda adopted in the World Congress against commercial sexual exploitation of children held in Stockholm in 1996.

Child abuse was considered a serious matter in Japanese society, the delegation, adding that 14,000 volunteers were available to protect children and to indicate any form of child abuse.

No corporal punishment was allowed in schools, the delegation said. If it was recognized that corporal punishment had been inflicted against pupils, legal and disciplinary measures were imposed. Last year, more than 300 teachers had been subjected to disciplinary measures following application of corporal punishment. In addition, the Government had taken measures against bullying in schools in order to protect the right of other students to learn peacefully.

A five-year plan had been pursued since 1966 for the construction of houses, the delegation said. Each phase of the plan was analysed in order to improve the planning scheme. The eighth phase of the plan would continue until 2005 for the construction of public houses. The municipalities and the Government decided on the persons who would occupy such public houses.

The delegation said that the number of homeless persons amounted to approximately 20,450 as of October 1999, the delegation said. Protection facilities had been accorded in nursing homes for elderly people free of charge.

With regard to forced evictions, the delegation said Government agencies did not carry out such practises. Land expropriation and the enforcement of real estate dispossession were conducted in accordance with international treaties. Concerning the compulsory evacuation of immovable property, the appropriate procedures for the forced eviction were provided for in laws and regulations.

Asked if the Government was using extra-territorial jurisdiction with regard to child sexual abuse committed by its citizens outside the country, the delegation said that last year, two Japanese had been apprehended in possession of video tapes upon their arrival from abroad.

Socially stressed children and students affected by exam hardships had the tendency to commit suicide in Japan, the delegation said. The Government, seeing the seriousness of the situation, had taken a series of measures, including counselling services.

Responding to a question on abortion, the delegation said that in 1990 alone, 340,000 abortions had been practised in the country. Young women who married early were affected by acts of abortion because they were not prepared. The trend of abortion had been declining, the delegation added.


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