A/HRC/17/33/Add.3
adopt such legislation. As noted by these experts, the absence of domestic legislation often
precludes victims of racial discrimination from seeking judicial remedies, particularly
against the State.
2.
Institutional structure
16.
Various ministries have responsibilities with regard to migration: the Ministry of
Justice (immigration control), the Ministry of Health, Labour and Welfare (social welfare
and employment), the Ministry of Education, Culture, Sports, Science and Technology
(education), the Ministry of Foreign Affairs (consular issues) and the Ministry of Economy,
Trade and Industry (skilled migrant workers). The Cabinet Secretariat and the Cabinet
Office are in charge of coordination among these ministries. However, the Special
Rapporteur notes some stakeholders’ views that such coordination lacks effectiveness since
the Cabinet Office enjoys neither sufficient power nor budget over the ministries involved
and is therefore not in a position to effectively coordinate their work.
17.
Furthermore, the Special Rapporteur is concerned that the dissemination of United
Nations bodies’ decisions is not effective within the governmental structure. He observed
that various ministries had no knowledge of the recommendations made to Japan by various
United Nations human rights bodies.
3.
Local level
18.
In the absence of an integration policy at the national level, it is mostly at the
municipal level that action has been taken for the promotion of migrants’ rights. In 2001, at
the initiative of the city of Hamamatsu, the Council of Municipalities with a High
Concentration of Foreign Residents was established to identify solutions to common
concerns which arose out of the increase of migrants in the 1990s. The Council adopted the
Hamamatsu Declaration in October 2001, which calls for “the establishment of a truly
symbiotic society based on respect of right and fulfilment of duties … and respect for each
other’s cultures and values between Japanese and foreign residents”.7 It refers to the
intention of these municipalities to promote a multicultural integration policy. Initially
formed by 13 cities, it is now a forum where 27 municipalities gather to discuss how to
better address the needs of migrants. Municipalities part of this initiative include Nagoya,
Toyota, Hamamatsu, Tokyo, Osaka and Yokohama.
19.
In addition to being a forum where municipal policies are discussed and evaluated,
the Council makes efforts to influence the national Government, conscious that the
problems faced by municipalities can only be resolved with drastic reforms and
policymaking in terms of education and social security at the national level. In October
2008, the Council issued a declaration calling on the Government to form a new agency to
comprehensively deal with immigration policies and increase efforts to strengthen Japanese
language education.
20.
In 2006, the Ministry of Internal Affairs and Communications published the Plan for
the Promotion of Multicultural Coexistence, to encourage local governments to establish
their own rule for multicultural coexistence.8
7
8
6
Preamble, Hamamatsu Declaration (19 October 2001).
Ministry of Internal Affairs and Communications, Plan for the Promotion of Multicultural
Coexistence (27 March 2006). Available from http://www.soumu.go.jp/kokusai/pdf/sonota_b6.pdf.