A/HRC/17/33/Add.3
the wide dissemination and implementation of the recommendations made by the
United Nations bodies to the Government;
(d)
Japan should adopt, as a matter of urgency, national legislation
specifically on the prevention and elimination of racism, discrimination and
xenophobia, since the general provision included in the Constitution is not effective in
protecting migrants from discrimination based on race and nationality. Migrant
communities should be consulted and encouraged to participate in the process of
elaboration of this law. The law should, in particular:
(i)
Penalize racial discrimination in all its forms, and specifically
discrimination in the field of employment, housing, health, education,
social and cultural life;
(ii)
Guarantee access to effective protection and remedies, including
compensation, to victims;
(iii)
Declare an offence all propaganda which advocates racial superiority or
hatred and promotes or incites racial discrimination, as provided in
article 4 of the International Convention on the Elimination of All
Forms of Racial Discrimination, and prohibit all organizations which
promote these views. In this regard, the Special Rapporteur shares the
view of the Committee on the Elimination of Racial Discrimination that
the reservation made by Japan to article 4 (a) and (b) of the Convention
is in conflict with the country’s obligations under article 4, which is of a
mandatory nature, and that the prohibition of the dissemination of all
ideas based upon racial superiority and hatred is compatible with the
rights to freedom of opinion and expression;
(iv)
Provide for mandatory training on the content and implementation of
such a law to judges, prosecutors and police officers, as well as
immigration officers and guards and other public officials who deal with
migrants on a regular basis;
(v)
Further promote educational activities and campaigns that sensitize
both the general public and more focused audiences such as employers
from sectors where the majority of migrant workers are employed to
issues of racism, discrimination and xenophobia;
(e)
The Special Rapporteur is deeply concerned about the judiciary’s failure
to recognize and sanction discriminatory treatments of migrants. This failure to
protect migrants from discrimination may constitute a dangerous encouragement for
individuals and companies to perpetuate discriminatory behaviour. In addition to the
adoption of legislation against racial discrimination and xenophobia, urgent measures
should be taken within the judiciary and law enforcement agencies to guarantee the
effective implementation of migrants’ rights without discrimination. These measures
should include specific trainings to judges and law enforcement officers on migrants’
rights under the current legislation and their duty to protect those rights.
79.
In order to prevent labour exploitation of migrants, special attention should be
given to monitoring the conditions under which private companies employ migrant
workers. Labour inspectors should be adequately trained on how to effectively
monitor abuses against migrants, and their procedures should include interviewing
migrant workers on their conditions of work, with the assistance of interpreters when
needed. Labour standards inspection offices should be more strict and effective in
monitoring companies that employ migrant workers through dispatching agencies,
resulting in violating regulations on wages, contractual stability and safety rules.
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