A/HRC/17/33/Add.3 B. Racism and discrimination 36. The Special Rapporteur observed that racism and discrimination based on nationality are still common in Japan, including in the workplace, schools, housing, the justice system and private establishments. Racist and xenophobic discourse, in particular against Korean and Chinese communities, is still widespread. Racist groups regularly organize demonstrations expressing strong discriminatory ideas against Koreans or Chinese, and have perpetrated aggressive acts against them and their properties. Foreigners in general have been also openly discriminated against by signs such as “Japanese only” that prevent foreigners entering establishments open to the general public. Despite several judicial complaints, the courts have not recognized the obligation of the Government at all levels to prohibit racial discrimination by all appropriate means, including legislation. 37. In this regard, the Special Rapporteur expresses concern that Japan still has not adopted national legislation that manifestly prohibits racial discrimination and xenophobia, while, since 2001, United Nations bodies urged Japan to do so in order to comply with its obligations under the Convention on the Elimination of All Forms of Racial Discrimination. Moreover, some of the Government measures seem to have contributed to fuelling discriminatory approaches toward migrants. The Action Plan to Create a CrimeResistant Society issued by the National Police Agency states that illegal residents are likely to commit crimes and therefore a large reduction in their number is necessary to provide public safety.12 The Police also reported to the media that the number of crimes committed by foreigners had increased, while the statistics included in their White Paper confirm that the number of crimes committed by foreigners and brought to the attention of the authorities had actually decreased. C. The Industrial Trainees and Technical Interns Programme 38. Under this programme, a person from a developing country can enter Japan as a trainee for a year, and then stay as a technical intern for a maximum period of two years. While the aim of this programme is to transfer Japanese technology, skills and knowledge to workers of developing countries, it is sometimes used by companies to secure cheap, exploitative labour. There are around 200,000 trainees and interns in Japan, and the majority of them come from China (67.6 per cent in 2008). 39. The Special Rapporteur heard a considerable number of complaints in relation to abuses that take place in the framework of this programme. These abuses relate to the payment of very low wages or the confiscation of wages which are paid into an account controlled by the employer, the obligation to perform excessive and underpaid or unpaid overtime, restrictions on freedom of movement and private life, such as limitations in the use of phones or mail or in the possibility to leave the place of work and residence. Many trainees also pay considerable amounts of money as a “guarantee” prior to leaving their country and this money is only paid back if they complete the period of training and internship. Some receiving organizations confiscate trainees and interns’ passports in order to deter them from complaining or escaping. Alternatively, they are forcibly returned when they complain about the way they are treated, and they are not given back the deposit they had paid upon return. Finally, violence and sexual abuses, including rapes, have been reported. Some of these situations amount to slavery or trafficking. 12 10 Ministerial Meeting against Crimes, “Action Plan to Create a Crime Resistant Society”, December 2003, p. 5. Available from http://www.npa.go.jp/english/seisaku8/action_plan.pdf.