E/C.12/1/Add.67
page 3
12.
The Committee expresses its concern that the State party interprets the principle of
non-discrimination as being subject to progressive realization and to “reasonable” or “rationally
justifiable” exceptions.
13.
The Committee is concerned about the persisting de jure and de facto discrimination
against minority groups in Japanese society, and in particular against the Buraku and Okinawa
communities, the indigenous Ainu people and people of Korean descent, especially in the fields
of employment, housing and education.
14.
The Committee is also concerned about the persisting legal, social and institutional
discrimination against children born out of wedlock, in particular as regards the curtailment of
their inheritance and nationality rights.
15.
The Committee expresses its concern about widespread discrimination against women
and the de facto inequality that still exists between men and women in Japanese society in
professional and decision-making positions, both in political representative bodies, public
services and administration, and in the private sector.
16.
The Committee expresses its concern regarding the persistent cases of domestic violence,
sexual harassment and sexual exploitation of children, in spite of domestic legislation adopted
in 2001.
17.
The Committee is also concerned about the continuing de facto inequality in wages
between men and women for work of equal value, and in particular about the persisting practice
in many enterprises of employing women primarily in the clerical services, with little or no
chance of promotion to the professional ranks. These inequalities persist despite legislative,
administrative and other measures taken by the State party, such as the 1997 amendment to the
Equal Employment Opportunity Law.
18.
The Committee is concerned that the State party has not ratified certain significant
ILO conventions, such as the Abolition of Forced Labour Convention, 1957 (No. 105), the
Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Indigenous
and Tribal Peoples Convention, 1989 (No. 169).
19.
The Committee expresses its grave concern that the State party permits excessive
working hours in both the public and private sectors.
20.
The Committee expresses its concern that from the age of 45 workers run a greater risk of
having their salaries reduced or even being laid off without adequate compensation.
21.
The Committee is concerned about the general prohibition of strikes for all public
employees and civil servants, even those not working in essential governmental services,
including teachers. This contravenes article 8 (2) of the Covenant (to which the State party has
made a reservation), and the ILO Convention (No. 87) concerning Freedom of Association and
Protection of the Right to Organize, despite the existence of alternative systems of personnel
committees.