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. 19

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