E/CN.4/2006/16/Add.2
page 18
F. Discriminatory messages on the Internet
68.
In the light of the spread of discriminatory messages on the Internet, the prefecture of
Nara decided to host a Liaison Centre established by 46 municipalities, which monitors such
messages. The majority of them target the Buraku (76 per cent) referring to them as non-humans
and calling for their death. The Nara Liaison Centre campaigns for the establishment of an
effective legal framework to prohibit such messages and sanction their authors. In May 2005, a
law on the responsibility of the Internet providers was passed, which does not provide sufficient
protection to the victims: the deletion of a message depends on the will of the provider.
IV. ANALYSIS AND ASSESSMENT OF THE SPECIAL RAPPORTEUR
69.
After having collected and analysed the views of all parties concerned, the Special
Rapporteur reached the conclusion that racial discrimination and xenophobia do exist in Japan,
and that these affect three circles of discriminated groups: the national minorities - the Buraku
people, the Ainu and the people of Okinawa; people from and descendants of people from
former Japanese colonies - Korea and China; and foreigners and migrants from other Asian
countries and from the rest of the world.
70.
The Special Rapporteur noticed that the manifestations of such racial discrimination and
xenophobia are manifold. First of all, they are of a social and economic nature. All surveys and
indicators point to the fact that minorities live in a situation of marginalization and economic and
social vulnerability, in the fields of employment, housing, marriage, pensions, health and
education. Such inequalities vis-à-vis the rest of the Japanese society should urgently be
addressed.
71.
Secondly, the discrimination is also of a political nature. The Special Rapporteur noticed
the invisibility of the national minorities in State institutions, in particular the Parliament and the
Government. For example, the Ainu have only had one congressman in the national Parliament,
whom the Special Rapporteur met, but have none at present. Such invisibility shows the depth
of exclusion, and increases the sense of discrimination and marginalization of the communities
concerned, who are given no opportunity to participate in the managing of their present and
future affairs.
72.
Finally, the most profound manifestations are of a cultural and historical nature. This
type of discrimination affects principally the national minorities, but also descendents of former
Japanese colonies. The fundamental sources of these discriminations are the identity
construction of Japan, the writing and teaching of Japanese history, the image of the
communities and people concerned and their perception by the society. For example, concerning
the Buraku people, the historical origin of their discrimination, linked to the division of labour in
the feudal era, is not at present an important element of the teaching and education of the young
generations. If this is not clearly taught, it will reinforce the existing negative images and
perceptions of the Buraku community. Concerning the Korean and Chinese communities, there
is a lack of awareness in Japan of the historical and cultural profundity of the discrimination
against these minorities which is illustrated by the frequent controversies surrounding the way in
which certain episodes of Japan’s history are written in school textbooks, particularly vis-à-vis
its historical relations with the Korean peninsula and China. The Special Rapporteur also
noticed a strong presence of the discriminatory mentality towards Koreans and Chinese in the