E/CN.4/2006/16/Add.2 page 20 Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Such a domestic law should: − Penalize racial discrimination in all its forms, and specifically discrimination in the field of employment, housing and marriage, and guarantee access to effective protection and remedies, including compensation, to victims; − Declare an offence all propaganda and all organizations which are based on racial superiority or hatred and promote or incite racial discrimination, as provided for in article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination. In this regard, the Special Rapporteur shares the view of the Committee on the Elimination of Discrimination that the reservation made by Japan to article 4 (a) and (b) of the Convention is in conflict with Japan’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. Therefore, the inclusion in the domestic legal system of a prohibition of all propaganda and all organizations which promote or incite racial discrimination cannot validly be avoided by invoking the rights to freedom of opinion and expression. The communities concerned should be consulted and should participate in the process of elaboration of this law. 77. Appropriate legal provisions should be adopted that prohibit any lists and enquiries as to the origins of a person which could be used to discriminate against a person in relation to recruitment, renting or selling of an accommodation or the exercise of any other right of that person. The Osaka Prefecture Ordinance to Restrict Buraku Discriminatory Investigation of 1985 could be taken as a basis, but its scope should be expanded. It is also recommended that Japan ratify ILO Convention No. 111 (1958); which prohibits discrimination regarding employment and occupation. 78. Concerning the draft human rights bill, the Special Rapporteur considers that it needs to include a clear ban of racism, racial discrimination and xenophobia. He reiterates the urgency of adopting such provisions and urges the Diet to proceed without delay, as a matter of priority, to the discussion and adoption of such a law. 79. A national commission for equality and human rights should be established, in conformity with the Paris Principles, in particular with the requirement of its independence. Given the interlinkage between all forms of discrimination, and for the purposes of efficiency and empowerment, this Commission’s mandate should bring together in a holistic way the most important and indeed related fields of contemporary discrimination, namely: race, colour, gender, descent, nationality, ethnic origin, disability, age, religion and sexual orientation. This Commission should be attached to the Office of the Prime Minister and not to the Ministry of Justice, since this Ministry is the governmental office in charge of implementing the human rights policy that such an independent organ would be responsible of reviewing. Such a commission should also have