A/HRC/17/33/Add.3
communities. Many of these issues have only received insufficient attention to date. In
addition, these problems have been exacerbated by the economic downturn in 2008 that has
severely and often inequitably impacted migrants.
7.
With regard to refugees, since the ratification of the 1951 Convention relating to the
Status of Refugees in 1981, the legislation provides for the recognition of refugees and
granting of refugees status. However, in practice the Government is very reluctant to
recognize refugees: in 2009, only 30 asylum-seekers were granted refugee status, while 501
where given a permission to stay for humanitarian reasons.
III.
Normative and institutional framework for the protection of
the human rights of migrants
A.
The international legal framework
8.
Japan is party to a number of core international human rights treaties, in particular
the International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of All
Forms of Discrimination against Women, the Convention on the Rights of the Child and the
International Convention on the Elimination of All Forms of Racial Discrimination. It also
ratified the Convention relating to the Status of Refugees and its Protocol.
9.
Japan is yet to ratify: the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families (hereinafter “Migrant Workers
Convention”); or the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children and the Protocol against the Smuggling of Migrants by
Land, Sea and Air (both of which supplement the United Nations Convention against
Transnational Organized Crime, also not ratified), the Convention on the Rights of Persons
with Disabilities, and the ILO Conventions No. 97 concerning Migration for Employment
and No. 143 concerning Migrations in Abusive Conditions and the Promotion of Equality
of Opportunity and Treatment of Migrant Workers. The Optional Protocols to the
International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of All
Forms of Discrimination against Women and the Convention on the Rights of Persons with
Disabilities are also yet to be ratified by Japan.
B.
The national legal and institutional framework
1.
Policy and legislation
10.
As outlined in the report it submitted in 2008 to the Committee on the Elimination
of Racial Discrimination, Japanese policy regarding foreign workers provides that “the
acceptance of foreign workers in professional and technical fields should be more actively
promoted. On the other hand, with respect to the matter of accepting workers for so-called
unskilled labour, there is a concern that the Japanese economy and society as well as
people’s livelihood may be adversely affected by such an [acceptance of unskilled
labour].”3 The Government concludes that “based on the aforementioned policy, in
3
4
“Ninth Basic Plan of Employment Measures”, adopted by the Cabinet in August 1999