E/CN.4/2006/16/Add.2 page 15 no sewage pipes, but an open-air sewer whose level often rises because a neighbouring canal managed by the city of Uji often causes a reflux into the Utoro sewer. The poor existing basic infrastructures were built by the inhabitants: public authorities never came to this area. The inhabitants see this lack of basic infrastructure as unjustifiable, stressing that those who work pay their income tax. 55. Many of the inhabitants have spent more than 60 years in Utoro, have suffered and continue to suffer from these very precarious conditions of life, but are profoundly attached to their land as their only identity, memory and emotional link. However, they are now under the threat of expulsion. After the war, the land continued to be owned by the contractor (the present Nissan Shatai Corporation), but in 1987 it was sold without notice to the dwellers to a real estate agent, who requested the residents to immediately evacuate. The Kyoto District Court and the Osaka High Court rejected the arguments of the Utoro dwellers that the land had been occupied illegally. The courts ruled and that they should demolish their houses and leave Utoro. The Supreme Court confirmed the expulsion, failing to recognize any right of the Utoro people on the land where they were brought by the Japanese authorities and where they lived for more than 60 years. In addition, the sentence does not indicate any date for the expulsion, which makes the Utoro people live under an unbearable constant threat of expulsion. The Koreans living in Utoro feel they are the victims first of colonialism and war, thereafter of discrimination and exclusion, and most recently of real estate speculation: their basic rights have been violated for over 60 years. 56. Another problem of the Korean minority in general is the lack of access to pension rights. Koreans of the first generation who came to Japan have worked for years as Japanese citizens, having acquired the Japanese nationality under the colonial rule. In 1952, the Japanese nationality was withdrawn from those Koreans. In 1959, the social security system was established and Japanese nationality was required for joining it, thereby excluding Koreans who had worked for years as Japanese. The Government of Japan removed this nationality clause only in 1982, after having ratified the ICCPR and ICESC. Despite the fact that compensatory measures have been taken to integrate in the system those who were discovered not to be entitled not due to their fault - as for the Okinawa residents after 1972 or the returned Japanese children left behind when Japan withdrew from China after the end of the Second World War - no comparable measures have been taken for Koreans who had lived in Japan under the colonial rule. An estimated 50,000 Koreans who are now more than 70 years old and in their working years were prevented from joining the system because of the nationality clause are excluded from any pension benefit. Many of them are obliged to work to survive. The matter went to the Osaka High Court, which ruled that this issue was of the resort of the legislature. The case was submitted to the Supreme Court, which should now rule on it, but Koreans need a prompt decision in view of the age of the persons concerned. 57. Turning to the situation of the education of minorities in Japan, and in particular of its Korean minority, since Japan’s surrender in 1945 Koreans have created a number of Korean schools in Japan to preserve their national identity and enable the young generations to be familiar with their language, history and culture. The Special Rapporteur visited a Korean secondary school in the Kyoto Prefecture. A major concern of Korean schools is the lack of recognition by the Japanese authorities: students have no automatic eligibility to take the university entrance examination, as is the case for students with a diploma issued by Japanese schools and by the majority of the international and foreign schools. Also, Korean schools do