E/CN.4/2006/16/Add.2
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Since the provisions of ICERD are also considered to be not self-executing, there is at present no
provision in the national legislation that outlaws racial discrimination and provides a judicial
remedy for the victims.
D. The administrative structure
12.
The executive power in Japan is vested in a Cabinet headed by the Prime Minister, who
is elected by the Diet (parliament) and is usually the leader of the majority party. The
Constitution establishes also the principle of local autonomy and recognizes the right of each
local public entity to manage its affairs and to enact regulations. The country is thus divided
into 47 prefectures, each governed by a governor elected by direct popular vote and a unicameral
legislature.
E. Methodology
13.
The Special Rapporteur based his investigation on three main questions he addressed to
all interlocutors he met: (1) Is there racism, racial discrimination and xenophobia in Japan;
(2) If yes, what are its manifestations; (3) What are the policies adopted by the Government to
fight against these phenomena? In the following chapters, the Special Rapporteur reflects on the
main issues and concerns that were reported to him by the Governmental and local authorities
(chap. II) and the civil society and communities concerned (chap. III) in response to his three
main questions. Thereafter, he presents his conclusions (chap. IV), followed by his
recommendations (chap. V).
II. PUBLIC AUTHORITIES’ POLITICAL AND LEGAL STRATEGY
14.
Certain national and local authorities with whom the Special Rapporteur met recognized
the discrimination against certain groups, while others minimized it. Overall, these authorities
identified the following groups as being victims of discrimination: the Buraku, the Ainu, the
Koreans, the Chinese and other foreigners, and migrant workers.
A. The Buraku people
15.
The ministries of the central Government indicated that a consultative commission on the
question of Dowa (name given to the Buraku question) established by the Government issued a
report in 1965 that recognized the discrimination against the Buraku people as a fundamental
human rights issue, and called for an urgent solution which “is the nation’s responsibility and
simultaneously a task for all citizens”. Consequently, the Diet adopted in 1969 the Law on
Special Measures for Dowa Projects, aimed at improving the living environment of Buraku
districts, and improving access to employment and education. This law was terminated in 2002,
when the Government considered that the situation of Buraku people had improved and that the
question could now be dealt with by common law.
16.
However, the discriminatory mentality against Buraku people persists, and the
governmental strategy is now to fight such a mentality not only concerning Buraku people but in
relation to all groups affected by discrimination. This is done principally through human rights
education policies promoted by the Ministry of Education, which includes the teaching of human
rights at school and the training of teachers.