A/HRC/17/33/Add.3
economic crisis, Japan still faces serious challenges in ensuring that the human rights
of migrants are respected and protected. These challenges include racism and
discrimination against migrants, exploitation of migrant workers, a lack of effective
interventions by the judiciary and police to protect migrants’ rights and the overall
lack of a comprehensive immigration policy that aims to integrate them as part of the
society and guarantee the protection of their human rights. In order to abide by its
international human rights obligations, Japan needs to thoroughly address these
challenges.
77.
In this context, the Special Rapporteur makes the following recommendations
to the Government.
78.
In terms of the legislative, institutional and policy framework:
(a)
Japan should ratify:
(i)
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families;
(ii)
United Nations Convention against Transnational Organized Crime and
its two Protocols: the Protocol against the Smuggling of Migrants by
Land, Sea and Air and the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children;
(iii)
Convention on the Rights of Persons with Disabilities;
(iv)
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;
(b)
Japan should adopt a comprehensive immigration policy at the national
level, guided by international human rights law and standards. Such a policy would
need to:
(i)
Spell out a commitment to recognizing migrants as a part of the
Japanese society, and provide a vision on how to integrate migrants into
the society and how to guarantee the effective protection of their rights;
(ii)
Establish long-term measures designed to create necessary conditions
for this integration to become a reality;
(iii)
Promote public mass-media campaigns and educational programmes
which focus on positive values that migrants bring to the host society in
economic, social and cultural terms. In this context, the Government
should give a voice to migrants to express their views and their
experience;
(iv)
Revise the existing categories of residence permits, based on a realistic
assessment of demand for semi- or unskilled labour. Japan should
provide for more flexible categories of residence permits in order to
accommodate the needs for such labour and to allow migrant workers
who currently fulfil these needs to regularize their status.
(c)
A strong central governmental agency should
coordinate, monitor and evaluate the migration policy and its
different ministries. It should be given sufficient powers and
ministries involved so as to effectively guide and coordinate their
18
be established to
implementation by
resources over the
work and to ensure