E/CN.4/2006/16/Add.2
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39.
In this context, the Nishinari community representatives stressed both the urgent need for
a law against discrimination, mainly in the area of employment and marriage, which would
enable victims to be indemnified, and the need for measures to change the discriminatory
mentality. The district leaders became aware that racism and xenophobia are deeply linked with
ignorance: neighbouring districts are much less discriminating than the ones that are far away.
Therefore, the district is establishing links between various communities, promoting mutual
knowledge.
40.
Turning to the historical perspective, the Buraku Liberation and Human Rights Research
Institute (BLHRRI) explained that, for centuries, the class system placed those who were
performing certain work that were avoided by Buddhism, such as disposing dead bodies of
cattle, at the bottom of the system, driving them in a situation of exclusion. Later on, when the
Japanese identity was construed, those people were not considered as being part of the Japanese
people in the collective mentality, and were rejected, perpetuating the discrimination that they
still endure. According to BLHRRI, the origins of Buraku discrimination are still not taught
sufficiently in the national education system. In addition, the contribution Buraku people gave to
the society is not valued: a better recognition of their professions would be a positive step, as
well as the dissemination of their cultural specificities (Buraku performing art, culinary
specialties, etc.).
41.
Thanks to the 1969 laws, the gap between Buraku people and the rest of the population
was reduced, but the special laws were terminated. According to BLHRRI, it is possible to
continue to operate against the discrimination without special measures, but only if the national
legislation provides for a clear prohibition of discrimination, and specifically in the field of
employment and marriage. The lack of a national law is a serious obstacle to the elimination of
discrimination against Buraku people. Also, since the elimination of a Buraku service in the
governmental structure in 2002, the negative impact of the lack of a structure addressing the
issue is felt. The Buraku Liberation League also underlined the need to conduct a survey on the
actual conditions of the Buraku people and to establish a truly independent National Commission
on Human Rights.
42.
Finally, Buraku women suffer from double discrimination: as Buraku, but also as women
both outside and inside their community. Some Buraku representatives recognized that women
are still far from having the same place as man within the Buraku community, and that an
important effort is required.
B. The Ainu
43.
The Ainu community feels the discrimination against it very strongly. According
to a 1999 survey conducted by the Hokkaido prefectural government, 28.1 per cent of the
people interviewed indicated that they had experienced discrimination or known someone
who had experienced discrimination. The situations in which discrimination was experienced
were, in order, at school, regarding marriage and at the workplace. The survey indicates
that 95.2 per cent of Ainu children go to high school, compared to the local average
of 97 per cent. The difference becomes very significant in university: 16.1 per cent of them
go to university, as opposed to the local average of 34.5 per cent.