7 Human Rights

The protection and promotion of human rights provide the foundation for peace and stability in the international community. Japan recognizes that the protection of human rights, which is a universal value, is the basic responsibility of all countries, regardless of differences in the method of attaining this goal and their cultures. While speaking out firmly against any serious violation of human rights, Japan considers, under the basic principle of “dialogues” and “cooperation,” that it is important to promote voluntary efforts through bilateral dialogues and cooperation between countries that are working toward democratization and the protection of human rights. In addition, in the area of human rights, with the standpoint of bridge-building in Asia and protection of the socially vulnerable people, Japan puts effort into improving the global human rights situation through bilateral dialogues, proactive participation in multilateral forums such as the UN, and constructive dialogues with the UN human rights mechanisms.

(1) Initiatives within the UN

A UN Human Rights Council

The UN Human Rights Council was established in 2006 as a restructured version of the UN Commission on Human Rights in order to strengthen the UN's ability to address human rights issues as part of a movement toward mainstreaming human rights in the UN. The Human Rights Council holds sessions throughout the year in Geneva (three regular sessions per year, lasting about ten weeks in total) to discuss issues and make recommendations concerning the protection and promotion of human rights and fundamental freedoms. Japan served as a member of the Council from June 2006 to June 2011 (the first and the second terms), January 2013 to December 2015 (the third term), and January 2017 to December 2019 (fourth term). Most recently, Japan was elected in the election held in October 2019, and currently serves as a member of the Council from January 2020 to December 2022 (fifth term).

At the high-level segment (meeting of the main representatives of each country) of the 43rd Session in February and March, Parliamentary Vice-Minister for Foreign Affairs of Japan Omi Asako delivered a statement. In her statement, in relation to COVID-19, she called for efforts to prevent the suspension of use of facilities and the calumniation against certain persons only for being of East Asian origin. She also expressed Japan's continued dedication to contribute to the protection and promotion of human rights in Asia and the world, and stressed the importance of the early resolution of the abductions issue. Furthermore, she introduced Japan's latest initiatives to protect and promote the rights of socially vulnerable people in Japan and abroad, including protecting and promoting the rights of the child, leading international discussions on the elimination of discrimination against persons affected by leprosy and their family members, restoring and promoting the culture of the indigenous Ainu people, and expanding the reception of refugees through Japan's resettlement program. The resolution on the situation of human rights in the Democratic People's Republic of Korea (DPRK), submitted by the EU and co-sponsored by Japan, was adopted without a vote at the same session (adopted for 13 consecutive years)³⁶. This resolution refers to the urgency and importance of the abductions issue and of the immediate return of all abductees, the long years of suffering experienced by abductees and their families, the immediate return of all abductees of Japan as well as the provision of accurate information to the families of victims on the fates and whereabouts of their missing relatives.

At the 44th session held in July, Japan, as the main sponsor, submitted a draft resolution on the elimination of discrimination against persons affected by leprosy and their family members, which was adopted without a vote. The resolution includes the UN Human Rights Council's decision to extend the mandate of the Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members for a period of three years, with a view to protecting the human rights of those suffering from leprosy-related discrimination around the world. The resolution also encourages the United Nations High Commissioner for Human Rights and the Special Rapporteur to continue consultations with various stakeholders in relation to discrimination against persons affected by leprosy and their family members.

• 36 Due to the COVID-19 pandemic, the session was suspended after the final meeting held on March 13. It was resumed on June 15, and the resolution on the situation of human rights in the Democratic People's Republic of Korea (DPRK) was adopted on June 22.

B The Third Committee of the UN General Assembly

The Third Committee of the UN General Assembly is, along with the Human Rights Council, the UN's main forum focused on human rights. Generally, in October and November, the Committee discusses a wide range of issues, including those concerning social development, women, children, racial discrimination, refugees, crime prevention and criminal justice, as well as the human rights situations in North Korea, Syria and Iran, among others. Resolutions adopted by the Third Committee are then adopted by a plenary session of the general assembly, contributing to the development of international norms.

At the 75th session of the General Assembly, the resolution on the situation of human rights in the Democratic People's Republic of Korea (DPRK), submitted by the EU and co-sponsored by Japan, was adopted without a vote at a session of the Third Committee in November and a plenary session of the UN General Assembly in December. The resolution refers to the urgency and importance of the abductions issue and of the immediate return of all abductees, the long years of suffering experienced by abductees and their families, the immediate return of all abductees of Japan as well as the provision of accurate and detailed information to the families of the victims on the fates and whereabouts of their missing relatives.

In addition, Japan participated actively in discussions in the international community toward protecting and promoting human rights, including discussions on the human rights situations in some countries such as Syria and Iran, as well as discussions on various human rights issues that include social development and the rights of the child.

C Ending Violence Against Children

Since 2018, Japan has participated in the Global Partnership to End Violence Against Children (GPeVAC). Japan has been actively involved in Partnership activities as a “pathfinding country,” engaging in ending violence against children. As part of this effort, Japan cooperates with civil society and private companies to formulate a country-specific action plan aimed at ending violence against children. In July, the Government of Japan and ChildFund Japan, a non-profit organization, co-organized a side event on the theme of COVID-19 and ending violence against children on the occasion of the UN High-level Political Forum (HLPF). Japan will continue promoting efforts to end violence against children at home and abroad, in collaboration with the international community.

D National Action Plan (NAP) on Business and Human Rights

Japan is actively engaged in efforts toward the implementation of the “Guiding Principles on Business and Human Rights (UNGPs)” that was endorsed by the UN Human Rights Council. As a part of these efforts, Japan launched the National Action Plan (NAP) on Business and Human Rights in October to promote respect for human rights in the context of business activities. Since then, the government has been widely promoting the NAP at international fora such as the UN Forum on Business and Human Rights held in Geneva, as well as meetings organized by business associations and stakeholders. Going forward, Japan will steadily implement the NAP in cooperation with the relevant ministries and agencies (see the Special Feature below).

United Nations Forum on Business and Human Rights (Geneva, Switzerland; Photo: UN Secretariat of the Forum on Business and Human Rights) (Convened as an online event in 2020)

With the progress of globalization of business activities, international interest in the need for business enterprises to respect human rights is growing. Within the United Nations, the “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy' Framework” (hereinafter referred to as Guiding Principles) received unanimous endorsement at the 17th session of the Human Rights Council held in 2011. The Guiding Principles set out the principles for the state duty to protect human rights, the corporate responsibility to respect human rights, and access to remedy for business-related human rights abuse, and are used as the guidelines for the respect of human rights in business activities.

The UN Forum on Business and Human Rights has been convened since 2012 with the aim of promoting the Guiding Principles. When the UN set out the Sustainable Development Goals (SDGs) that aim to realize a world of “Leave No One Behind” in 2015, it also affirmed the importance of compliance with the Guiding Principles, while demand from investors, civil society and consumers for business enterprises to respect human rights has been increasing.

With such growing interest in “business and human rights” in Japan and abroad, the Government of Japan decided to formulate a National Action Plan (NAP) on Business and Human Rights in 2016 as one of its initiatives toward the steady implementation of the Guiding Principles. The formulation of the NAP is also positioned as one of the main initiatives toward the achievement of the SDGs, and this intention was clearly stated in the SDGs Implementation Guiding Principles Revised Edition, approved by the SDGs Promotion Headquarters led by the Prime Minister in December 2019. Hence, business enterprises are also called upon to respect human rights in their actions for SDGs initiatives.

The initial stage in the formulation of the NAP took place in 2018 with the participation of all relevant government ministries and agencies to assess the current landscape of Japanese legislation and policies related to business activities. This was followed by ten consultation meetings with leading organizations in the business sector, the labor sector, bar associations, civil society and other sectors of society to ascertain the situation on the respect of human rights in business activities. The results of the discussions were then compiled in a report.

Toward the formulation of the NAP, an Inter-Ministerial Committee was established to promote coordination among the relevant ministries and agencies in 2019. An Advisory Committee and a Working Group were also established to include a wide range of views. A series of discussions were held to learn the views of the business sector, the labor sector, bar associations, academia, civil society and consumer organizations, as well as overseas experts. Through the discussions, priority areas were identified in July 2019 to be incorporated in the NAP. In February, the draft of the NAP was drawn up, and public comments were invited for one month from February 17. Taking these various viewpoints into consideration, in October, the Inter-Ministerial Committee launched the NAP on Business and Human Rights, with the aim of promoting respect for human rights in the context of business activities.

Cover of the National Action Plan (NAP) on Business and Human Rights (2020-2025)

The NAP lists a series of measures related to business and human rights to be implemented by the Government. It also sets out expectations for business enterprises to promote introducing human rights due diligence (to identify, prevent, mitigate, and account for how business enterprises address their impacts on human rights) in the context of their business activities.

Through the implementation and promotion of the NAP, and by encouraging responsible business conduct, the Government of Japan will ensure the coherence of policy measures taken by the relevant ministries and agencies with regard to business and human rights. The Government also wishes to contribute to promoting and protecting both the human rights for society as a whole, including international society. Furthermore, the Government hopes that the NAP will serve to enhance company values and Japanese enterprises' competitiveness and will contribute to the achievement of the SDGs.

(2) Initiatives Concerning International Human Rights Law and International Humanitarian Law

A International Human Rights Law

In November, at the elections of members of the Committee on the Rights of the Child held at the 18th Meeting of States parties to the Convention on the Rights of the Child at the UN Headquarters in New York. Ms. Otani Mikiko (lawyer), Japan's candidate, was re-elected to the Committee (see the Column on page 275). Furthermore, with respect to the human rights treaties that Japan has concluded, Japan has faithfully responded to periodic reviews of government reports on the implementation status of the treaties in Japan, pursuant to the rules set forth in those treaties. In March, the Seventh Report of Japan on the International Covenant on Civil and Political Rights was submitted to the Human Rights Committee.

I was re-elected at the elections of members of the Committee on the Rights of the Child held in New York in November, for which I ran for the second term. Due to the impact of COVID-19, this election was held about five months after the original date.

The Committee on the Rights of the Child is a human rights treaty body* comprised of 18 experts, and its mission includes the promotion of the implementation of the Convention on the Rights of the Child. The number of state parties to the Convention is 196, more than the number of member states of the UN and the largest number among all treaties of the UN. I have been serving as the first Japanese member of the Committee since 2017. Even before that, I have been learning about the Convention on the Rights of the Child and have been interested in the monitoring systems put in place by human rights treaty bodies in accordance with the provisions of the respective human rights treaties. As a member of an NGO, I have been involved in the review of government reports by human rights treaty bodies for more than 20 years. This work made me realize that, in order for human rights treaty bodies to promote the realization of human rights and the implementation of treaties by states parties, the working methods of each treaty body are an extremely important matter. Based on this understanding, during my first term in the Committee on the Rights of the Child, I worked passionately on the reform of human rights treaty bodies in addition to my primary duties as a member of the said Committee.

The review of human rights treaty bodies has been carried out based on the UN Resolution on strengthening and enhancing the effective functioning of the human rights treaty body system, adopted by the General Assembly in 2014. However, it is a subject that does not attract the interest of many Committee members, because discussions on the working methods of human rights treaty bodies are not related to substantive human rights issues and tend to be undistinguished and technical. In this regard, I have been actively involved in the work aimed at reviewing human rights treaty bodies based on the abovementioned mindset. In human rights treaty bodies, which are collective bodies of individual experts, it is not an easy matter to hold exhaustive discussions on substantive human rights issues and summarize the opinions raised. The review of working methods is far more difficult than that. Within this process, when coordinating varying opinions and proposing new ideas and concrete solutions to overcome issues, I get an actual sense that I am applying my practical instincts as a lawyer, as well as the experiences in organizational management and budgetary/organizational reforms that I had gained as an executive officer of an NGO. In addition, throughout my experience as an intern at the Office of the UN High Commissioner for Human Rights, and my experience participating as a member of the Japanese delegation and a representative of women in the private sector at the Third Committee of the UN General Assembly, I have continued to hold an interest in, and to learn about, the organizations, budgets and procedures of the UN. This background has served me well in the discussions on the review of human rights treaty bodies.

The committee members of each human rights treaty body do not represent their own governments, but instead, serve as independent and neutral experts. On the other hand, as a Japanese member of the Committee, I feel that doing good work that will be remembered by many people and contributing to the human rights activities of the UN, with the aim of improving the human rights of children and improving the systems of human rights treaty bodies, is a diplomatic activity on the private individual level that contributes to enhancing Japan's reputation in the international community in a broader sense. For the four-year period of my second term, I aim to engage in activities with this fervor and enthusiasm, and with a sense of gratitude for the valuable opportunity that I have been offered.

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• *Committees (known as treaty bodies) that carry out monitoring activities on the implementation of human rights treaties by state parties, and which are established based on the main human rights treaties adopted by the UN (such as the Convention on the Rights of the Child, Convention on the Elimination of all Forms of Discrimination Against Women).

B International Humanitarian Law

Japan has actively been engaged in efforts for strengthening the national implementation of international humanitarian law (IHL). In February, a meeting of the National IHL Committee was co-organized with the Japanese Red Cross Society, during which discussions were held on matters such as the activities and roles of the International Humanitarian Fact-Finding Commission (IHFFC). In October, Japan participated in a regional meeting of the national IHL committees of Asia-Pacific countries, where views were exchanged on the dissemination and implementation of IHL at the national level. Furthermore, as it does every year, Japan dispatched instructors to play the part of the judge to the IHL Moot Court Competition, organized by the International Committee of the Red Cross (ICRC), as part of awareness-raising efforts for IHL.

(3) Initiatives Undertaken via Bilateral Dialogue

In addition to initiatives within the UN and other multilateral frameworks, Japan recognizes the importance of bilateral dialogues in order to protect and promote human rights. The Seventh Japan-Myanmar Human Rights Dialogue was held in Nay Pyi Taw in February, and the 24th Japan-EU Human Rights Dialogue was held via videoconference in May. While sharing information on their respective initiatives in the field of human rights, the parties to these dialogues exchanged opinions concerning cooperation in multilateral fora such as the UN.

(4) Contribution to Refugee Issues

From the perspective of international contribution and humanitarian aid, Japan started accepting refugees from Myanmar who were temporarily residing in Thailand, under a resettlement program that ran from FY2010 to FY2014 (the transfer of refugees from an asylum country to a third country that agrees to accept them for long-term settlement).

In addition to accepting refugees from Myanmar who had been residing temporarily in Malaysia since FY2015, the Government of Japan allowed accepting eligible family members of those who already resettled in Japan on the condition that mutual aid be provided with those remaining in Thailand. From FY2010 to FY2019, a total of 194 people from 50 families have come to Japan under this program.

While local governments in the Tokyo metropolitan region have traditionally played a central role in operations concerning the resettlement destinations for refugees upon their arrival in Japan, proactive efforts are being made to resettle refugees in municipalities outside of the Tokyo metropolitan area, aimed at promoting a better nationwide understanding of the refugee issue. Since 2008, the refugees who have completed a six-month training program upon arrival in Japan started resettlement in various parts of Japan, and are living independently in their respective areas.

The international situation surrounding refugees is undergoing dramatic change. In light of this movement among the international community and to better balance the burden for the refugee problem among the international community, Japan made the decision in June 2019 to accept more refugees resettling from third countries under part of a new framework. Specifically, beginning in FY2020, Japan will now accept up to 60 refugees temporarily residing in Asia once or twice a year without restriction on their birthplace or region of residence, and any of the family members of the refugees who have already been accepted in Japan under a resettlement program. In light of the COVID-19 pandemic situation in Japan and abroad, the appropriate time for accepting refugees is under consideration as of December.

While the acceptance of resettled refugees has been done primarily by Western countries, Japan is the first country in Asia to accept resettled refugees.