E/CN.4/2006/16/Add.2 page 17 63. Another serious manifestation of racial discrimination is the problem of private and quasi-public establishments refusing entrance to people based on nationality or race. According to allegations received by the Special Rapporteur, several establishments prohibit entrance to foreigners or even Japanese nationals who are not racially Japanese such as in the Hokkaido, Okinawa, Shizouoka prefectures and in the city of Tokyo. For example, in Hokkaido foreign residents have been consistently refused entrance in the Yunohana Bath, in the city of Otaru. This facility also refused entrance to a Caucasian male who had naturalized and showed proof of Japanese nationality. The owner explained that the Japanese clients would not consider him Japanese and would not want him in. According to a survey conducted by the owner, a high percentage of the clientele would not come to the baths if foreigners were allowed in. The local government asked the owner to change his policy, which he refused to do, and thereafter did not find any effective means to solve this situation. 64. Similar cases exist throughout Japan, where racial discrimination is practised undisturbed, but in no case have the public authorities prosecuted the owners of the establishments concerned. Apart from a personal unwillingness to do so, the reason is their inability to prosecute those responsible of such acts on the basis of national law. However, it is important to note that the Assembly members of a number of municipalities concerned, including the Otaru Assembly, despite having been requested by interested groups to draft and adopt ordinances which would allow the authorities under the local jurisdiction to prosecute such offences, and despite having the competence to do it, have not done so, referring to the difficulty to do it in the absence of a national law which contemplates such offences. 65. The Special Rapporteur was briefed about a case of a golf club refusing membership to foreigners in which the court ruled that such a refusal was acceptable: according to the court, prohibition of racial discrimination included in the Constitution as well as in international conventions does not apply private entities. In such circumstances, it can hardly be argued that Japan is respecting its international obligations by “appropriate means” according to the language of article 2, paragraph 1, of CERD: it appears that the Japanese system is not one in which discriminatory acts can effectively be restrained by the existing legal system. 66. Foreigners, and especially Koreans who were born in Japan or have Japanese nationality, are calling for the suppression of the Japanese nationality requirement to become civil servants in the public administration, including at the municipal level. Certain local governments, such as Osaka and Kawasaki and quite a number of municipalities, have suppressed this nationality clause, even if obstacles remain for foreigners concerning promotion to higher positions. 67. The Special Rapporteur was also informed that the majority of the foreigners working in Japan have no job security and some of them are in a situation of overstay. Foreigners mostly work for many years with short-term contracts, and have no appropriate medical coverage. The Japanese labour law which provides for its application without any discrimination based on nationality is often not implemented. The Special Rapporteur also heard testimonies on harsh treatment of foreigners, including foreigners arrested in a situation of overstay, in Immigration Bureau Facilities and other places of detention. In particular, he heard several cases of arrested and detained foreigners in need of medical treatment who were not allowed to get it and were released after prolonged detention with permanent and very serious health consequences.