II. Information on Individual Articles of The Covenant

Changes made on, and supplementary explanations to the Initial, Second and Third Periodic Reports on individual articles of the Covenant are as specified below.

Article 1

Apartheid Policy

Japan had consistently urged the abolishment of apartheid. Japan therefore welcomes the fact that the Republic of South Africa had accelerated national reform since 1990 in quest for termination of apartheid, and by successfully holding general elections in April 1994, in which all races, including black people, participated for the first time in the history of South Africa.

In response to the progress achieved in the process of national reforms in the Republic of South Africa, Japan eased restrictions on people-to-people contact in June 1991, and eased economic restrictions in October 1991. In January 1992, Japan re-established diplomatic relations with the Republic of South Africa, and lifted remaining economic restrictions in January 1994.

Japan regards South Africa as a successful example of a peaceful transition to a new regime, which took place in the spirit of reconciliation and through dialogue, and considers that her stability and development are important for the development of Africa as a whole. Thus, as a responsible member of the international community, Japan decided to strengthen its support for South Africa. Japan announced in July 1994 an assistance package for South Africa amounting to 1.3 billion dollars over the following two years (300 million dollars in Official Development Assistance (ODA), 500 million dollars in loans from the Export-Import Bank of Japan, and a 500 million dollars credit line for trade and overseas investment insurance). Japan is now implementing the above measures and will actively continue its support to South Africa's efforts in nation-building.

Article 2

Concerns Pertaining to Foreigners

(a) Korean Residents in Japan

(i) Fingerprinting based on the Alien Registration Law

The purpose of the fingerprinting system is to maintain the accuracy of alien registration and serves as an effective tool to attain its basic purpose, i.e. " to clarify the matters pertaining to the residence and status of foreign residents in Japan" . In fact it has worked as a very reliable measure for identification of a person as he is. The fingerprinting system has also worked for prevention of illegal use or forgery of registration certificates.
However, when the consultations between the Japanese and Korean Governments under the " Agreement on the Legal Status and the Treatment of the Nationals of the Republic of Korea residing in Japan between Japan and the Republic of Korea" came to an end, a memorandum which stipulated the following prepared and signed by the Ministers for Foreign Affairs of Japan and the Republic of Korea.

The Government of Japan has, in light of the above mentioned circumstances, examined a possible reform of the system, in particular alternative measures for fingerprinting. It has reached the conclusion that those who meets at least one of the following two categories, who have lived in Japanese society for many years and thus established their steady settlement here, could be registered with a combination of accurate photographs, signature and family particulars instead of making fingerprinting.

Following this conclusion, the " Alien Registration Law" was amended with the prime objective to replace fingerprinting with the alternative measures outlined above and to abolish fingerprinting for those who are categorized in either the two above. The amendment was promulgated on 1 June 1992 and it went into effect on 8 January 1993.

(ii) Obligation to carry the Certificate of Alien Registration

Foreign residents, different from Japanese nationals, have to obtain permission from the Government in order to reside in Japan. At the same time, limitation are set on their period of stay and on the scope of their activities. The system which requires foreign residents to carry with them at all times the " Certificate of Alien Registration" aims at ensuring the means to immediately confirm the identity and residence of foreign residents, whose status is fundamentally different from that of Japanese nationals. Failure to meet this obligation is liable to a penalty (a fine of 200,000 yen or less is imposed), and thus the effectiveness of the system is guaranteed. However, throughout the three years covering 1992 to 1994, less than 20 persons have been sent to the public prosecutor by the judicial police officer in each year, that is, the rule has been implemented flexibly taking due consideration of the various situation of foreign residents.
An extensive review of the " Alien Registration Law" including the obligation described above is currently underway by the Government.

(iii) Commuter for Students Passes Discount for Students of Korean Schools

The commuter pass system of each Japan Railway Company (JRs), previously Japan National Railways, provides a basic price for university students, and further price discount is made for elementary, middle and high school students, in line with the school classification system defined under the " School Education Law" . However, as for the students of special technical schools specified under the " School Education Law" , JRs designated the schools which benefit from the fare applied to university students.
JRs had actually plans to simplify its commuter pass system and to have just two fare classification of adult and child, the system which is applied in other private railways. However, as no clear timetable for the amendment was provided, the Government called upon JRs to consider temporary measures for students of special technical schools, taking into account the requests previously to the Government.
As a result, in April 1994, JRs amended the commuter fare and applied the same elementary, middle and high school discount to all those schools, which JRs thought were equivalent to special technical schools. Those schools designated included Korean schools as special technical schools, and the commuter pass system for Korean students has been improved.

(iv) Response to Incidents of Violence against Students of Korean Schools

During spring and summer of 1994, some incidents including violence against and harassment of students of Korean schools occurred in Japan.
The human rights organs under the Ministry of Justice undertook a series of vigorous street campaigns, which were geared to eliminate the violence against and harassment of foreigners. These included also distribution of leaflets and posters, which called for the prevention of such incident, along roads and in transportation facilities frequently used by students of Korean schools. Furthermore, the organs encouraged students of Korean schools to consult with the organs in case harassments were made on them.
The organs have taken measures to instill respect for the rights of foreign residents in Japanese people's mind and to eliminate discrimination and stereotypes in order to prevent the recurrence of these sort of incidents.

(b) Foreign Workers (including Workers without Working Visas)

(i) Acceptance of Foreign Workers

Under the " Sixth Employment Measures Basic Plan" , which was described in the Third Periodic Report and defines the basic policy on acceptance of foreign workers, the Government amended the " Immigration Control and Refugee Recognition Act" in 1989 and made it easier for foreigners with specialized technical skills and knowledge, who wish to work in Japan to be accepted.
The Government's current basic policies are specified in the " Eighth Employment Measures Basic Plan" , which was adopted by cabinet decision on 12 December 1995. The plan announces that the Government will pay as much favorable consideration as possible in accepting foreign workers in professional or technical fields. This aims at stimulating the economy and promoting internationalization. It also announces that qualifications required for residence in Japan should be reviewed in accordance with changes in the economic or social situation.
On the other hand, as for workers for so-called unskilled labour, could cause considerable effects on the Japanese economy and society such as follows;

(ii) The Employment Exchange System

The " Employment Security Law" provides that people should not be discriminated against on account of their nationality in employment exchange, guidance, etc (Article 3). Foreigners qualified to work in Japan should, therefore, be able to obtain the same information on employment as Japanese nationals do. The Public Employment Security Offices should, however, not accept the recruitment or applications under Articles 16 and 17 of the " Employment Security Law" , if the recruitment of application for work in itself constitutes a violation. Accordingly, jobs that would violate the " Immigration Control and Refugee-Recognition Act" are not offered.
Since 1989 special officials were appointed at major Public Employment Security Offices to take care of foreign workers, thereby enhancing the use by foreigners of the employment exchange system. Likewise, Employment Service Sections for Foreign Workers were established in the major Public Employment Security Offices since 1992 and an Employment Service Center for Foreigners was established in Tokyo in 1993.
The administration guides and/or assists employers to improve employment security and welfare of foreign workers based on the " Guideline on Employment and Working Conditions of Foreign Workers" , which was established in 1993.

(iii) Supervision by the Police

The police, applying the laws and regulations as described in the Third Periodic Report, have imposed actively regulations on middlemen, gangster groups and unlawful employers. The regulations have been enforced under close cooperation among relevant governmental organizations and agencies and through the exchange of information at periodic contact meetings with the relevant administrative entities. The police has further called upon the governments of other countries, to strengthen regulations and to provide necessary information and the like.
A Supplementary explanation concerning the " Immigration Control and Refugee-Recognition Act" is outlined below.
Any person, who has a foreigner work illegally in relation to business activities (Article 73-2, Paragraph 1, Subparagraph 1), or any person, who places a foreigner under his/her control for the purpose of having the foreigner work illegally (Subparagraph 2 of said Paragraph), or anyone, who acts as a mediator in relation to acts specified in the preceding subparagraph or in order to have a foreigner work illegally shall be punished.

(iv) Foreigners intending to engage in unskilled Labour in Japan

As has already been described in the Third Periodic Report, the Government does not, in principle, admit the entry of foreigners into Japan, who wish to engage in unskilled labour. In the case of persons, who have already engaged illegally in unskilled work, the Government will deport them as a matter of principle, paying due respect to their human rights.
The problem of illegal foreign workers can obviously not be ignored from the viewpoint of labour administration, since this could affect the domestic labour market and working conditions, such as wages. The Government provides employers with information and urges them to prevent illegal employment.
Notwithstanding the above, the number of illegal workers still remains high, and in particular the number of illegal female workers has increased over the past few years. In terms of sectorial distribution, the number of illegal construction workers, factory workers and other secondary industry workers seems to have decreased gradually, while other industries have seen an influx of illegal workers. More than half of all illegal workers were formerly employed for less than a year, while in recent years more than 70% stay for more than one year. This gives rise to new problems involving the proliferation of long-term illegal workers. Furthermore, it is still obvious that brokers and gangster groups are involved in the process of entry and employment of illegal workers.

(v) Measures taken by the Human Rights Organs under the Ministry of Justice to ensure the Protection of Human Rights of Foreigners

The human rights organs under the Ministry of Justice are engaged in vigorous awareness-raising activities, which aim at respecting fundamental human rights of foreigners and eliminating discrimination against them. The human rights organs carried out the 1988-1990 campaign entitled " Internationalization of Society and Human Rights" , and the 1991-1993 campaign entitled " Nurture Awareness for Human Rights in the Era of Internationalization" . During the " Human Rights Week" , the human rights organs employ since 1988 as their motto " Nurture Awareness for Human Rights in the Era of Internationalization" . The week aims at promoting awareness-raising activities at national level.

Furthermore, if violations of fundamental human rights take place, the human rights organs try to protect the human rights of foreigners, and make efforts to prevent these cases from recurring through investigation and settlement of the case. (See Part I for details on human rights counseling and the investigation and settlement of cases involving human rights violation.)
The first counseling center for foreigners opened in 1988 in the Tokyo Legal Affairs Bureau, followed by Osaka, Nagoya, Hiroshima, Fukuoka, Takamatsu and Kobe (District) Legal Affairs Bureau.

(vi) Outline of the Consultation Service on Immigration Matters (That is residence procedures, alien registration, family summon and so on)

As was described in the Third Periodic Report, the " Immigration Information Center" was established at Tokyo Regional Immigration Bureau in July 1990, in order to facilitate consultations and information services on immigration procedures for foreign residents and other persons concerned. Free service is provided from Monday to Friday (except on holidays). Telephone consultation is also available in several languages.
The information centers are currently operated at immigration offices in Osaka, Nagoya, Fukuoka and Yokohama. Other than those information centers, the same service is available at consultation windows at local immigration offices.

(c) Social Security

Basically the social system applies to foreigners legally residing in Japan, as Japan acceded to the " Convention relating to the Status of Refugees" in 1981, in accordance with the fundamental principle of equality between foreigners and Japanese nationals.

(i) Public Medical Care and Pensions

Foreigners, who are regularly employed in Japan at a fixed place of business are entitled, in the same way as Japanese national are, to Health Insurance, Employee's Pension Insurance and other public employee's health insurance and pension. Those who are outside this category but are still recognized as having a residence in Japan are eligible to receive National Health Insurance and/or National Pension benefits.

(ii) National Assistance

The national assistance system guarantees a minimum healthy standard of life for those nationals who live at the poverty level. With regard to permanent residents, the law shall apply budgetary measures and benefits will be granted to permanent residents as they are to Japanese national and under the same conditions.

Measures for Persons with Disabilities

Japan has strived to realize and promote " Full Participation and Equality" , the theme of the 1981 International Year of Disabled Persons, through the " Long-Term Programme for Government Measures for Persons with Disabilities" of 1982. Furthermore, in March 1993, with the idea of rehabilitation and normalization, Japan decided on the " New Long-Term Programme for Government Measures for Persons with Disabilities" , considering measures for persons with disabilities during and following the " UN Decade of Disabled Persons" .

The programme provides the basic principles of measures for persons with disabilities up to the year 2002. In December 1993 Japan passed the " Disabled Persons' Fundamental Law" , to respond to the changes in social circumstances and to promote independence and social participation of persons with disabilities. " Annual Reports on Government Measures for Persons with Disabilities" (White Paper on Persons with Disabilities) have been reported to the Diet since 1994.

In December 1995, Japan decided on the " Government Action Plan for Persons with Disabilities - A Seven-Year Normalization Strategy (1996-2002)" , to address the important measures outlined in the " New Long-Term Programme for Government Measures for Disabled Persons" . This plan sets numerical targets and promotes its implementation with the following seven perspectives:

(a) Living in Communities as Ordinary Citizens;

(b) Promoting Social Independence of Persons with Disabilities;

(c) Promoting a Barrier-free Society;

(d) Targetting the Quality of Life (QOL) ;

(e) Assuring Security in Living;

(f) Removing Psychological Barriers; and

(g) Promoting International Cooperation and Exchange.

Conclusions on the Various Human Rights Treaties

(a) Conclusion of the International Convention on the Elimination of All Forms of Racial Discrimination

Japan studied this issue carefully. It was difficult to accommodate punishment on dissemination of ideas based on racial discrimination or incitement to racial discrimination, with freedom of expression and other fundamental human rights protected by the Constitution. As a result of careful examination of the issue, Japan ratified the " International Convention on the Elimination of All Forms of Racial Discrimination" on 15 December 1995 with a reservation on the provisions (Paragraphs (a) and (b) of Article 4 of the Convention) on the obligation to punish all dissemination of ideas based on racial superiority or hatred.

(b) The Optional Protocol to the International Covenant on Civil and Political Rights

As has already stated in the Third Periodic Report, Japan considers this Protocol to be a noteworthy system of guaranteeing human rights. However, Japan faces problems yet to be solved for ratification, being concerned about how to harmonize this system and the Japanese judicial system, in particular maintaining the independence of the judiciary. The concerned Government offices are, therefore, continuing study and consideration on this issue.

(c) The Convention against Torture and Other Cruel, Inhuman Degrading Treatment or Punishment

It is commonly known that torture is strictly prohibited under Japan's legislation. The Government fully understands the purport of the Convention to globally suppress cruel and inhuman acts of torture by governments. The Government is presently in the process of examining the details of the Convention and considers that further careful examination is necessary for its effectiveness.

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