CCPR/C/JPN/CO/5
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who exploit such trainees and interns, and consider replacing the current
programmes with a new scheme that adequately protects the rights of trainees and
interns and focuses on capacity-building rather than recruiting low-paid labour.
25. The Committee notes with concern that the 2006 Immigration Control and Refugee
Recognition Act does not expressly prohibit the return of asylum-seekers to a country where
there is a risk of torture, that the recognition rates for asylum-seekers remain low in relation to
the number of applications filed, and that there are often substantial delays in the refugee
recognition process during which applicants are not allowed to work and receive only limited
social assistance. It is also concerned that the possibility of filing an objection with the Minister
for Justice against a negative asylum decision does not constitute an independent review because
the refugee examination counsellors advising the Minister upon review are not independently
appointed and have no power to issue binding decisions. Lastly, it is concerned about reported
cases of rejected asylum-seekers having been deported before they could submit an objection
against the negative decision on their application to stay the execution of the deportation order
(art. 7 and 13).
The State party should consider amending the Immigration Control and Refugee
Recognition Act, with a view to explicitly prohibiting the return of asylum-seekers to
countries where there is a risk of torture or other ill-treatment, and ensure that all
asylum-seekers have access to counsel, legal aid and an interpreter, as well as to
adequate State-funded social assistance or employment during the entire length of
proceedings. It should also establish an entirely independent appeal mechanism,
including for applicants who are deemed to be “possible terrorists” by the Minister
for Justice, and ensure that rejected applicants are not deported immediately after
the conclusion of the administrative proceedings before they can submit an appeal
against the negative asylum decision.
26. The Committee is concerned about unreasonable restrictions placed on freedom of
expression and on the right to take part in the conduct of public affairs, such as the prohibition of
door-to-door canvassing, as well as restrictions on the number and type of written materials that
may be distributed during pre-election campaigns, under the Public Offices Election Law. It is
also concerned about reports that political activists and public employees have been arrested and
indicted under laws on trespassing or under the National Civil Service Law for distributing
leaflets with content critical of the Government to private mailboxes (art. 19 and 25).
The State party should repeal any unreasonable restrictions on freedom of expression
and on the right to take part in the conduct of public affairs from its legislation to
prevent the police, prosecutors and courts from unduly restricting political
campaigning and other activities protected under articles 19 and 25 of the Covenant.
27. The Committee is concerned about the low age of sexual consent, which has been set
at 13 years for boys and girls (art. 24).
The State party should raise the age of sexual consent for boys and girls from its
current level of 13 years, with a view to protecting the normal development of
children and preventing child abuse.