The EU, Japan and Human R ights

The EU, Japan and Human Rights

Erika BuginiMayumi Sekita

Human Rights Issues in Japan- General Overview-

Major Human Rights Problems in Japan

• Women Discrimination• Criminal Justice• Death Penalty• Comfort Women• Foreigners Discrimination (Korean)• Refugee• Freedom of Expression• LGBTI• Ainu/ Okinawan• Handy-capped People• Buraku-min

Women Discrimination

• Divorce & Remarrying Issue• Social Participation & Representation in high-

level organizations• Work Conditions• Sexual Abuses (DV, harassment)

Criminal Justice

• Detention System→Daiyo Kangoku• Arrest & Interrogation Process• Lack of Transparence• Defendant’s Conditions

Daiyo Kangoku (Substitute Prison)

Death Penalty

• The Condition of Death-Raw Convicts• Process of the Execution• Defendant’s family• Burdon of the executers• Burdon for the jury• Possibility of miscarriage

How the Death Penalty is conducted?

Now We are going to Watch!!

http://www.youtube.com/watch?v=pVcJ4MQkth8

http://www.youtube.com/watch?v=pVcJ4MQkth8

Japanese Public Opinion for Death Penalty

Organization/Association Retention Abolition Don't know

1953 Japan Federation of Bar Associations 61.7% 36.0% 2.3%

1956 Mainishi Newspaper 59.3% 23.8% 15.5%

1966 Kanagawa University 54.1% 33.0% 12.9%

1969 Kikuta's Reserch 68.0% 27.0% 5.0%

1977 Sankei Newspaper 61.0% 19.0% 20.0%

1982 Asahi Newspaper 76.0% 19.0% 5.0%

1983 NHK 70.2% 13.4% 16.4%

1989 Meiji University 50.8% 43.6% 6.5%

Retention Aboliton Don't know

1956 Japanese Government 65.0% 18.0% 17.0%









Survey by Japanese Government

Reaction from International Society

Article 1All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

→ Women’s Discrimination

Article 5No one shall be subjugated to torture or to cruel, inhuman or degrading treatment or punishment.

→ Death Penalty

Article 11(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

→ Criminal Justice

Freedom House Survey2013SCORES

STATUSFree

FREEDOM RATING1.5

CIVIL LIBERTIES2

POLITICAL RIGHTS1

International Reaction to Human Rights Issues

1948 •Universal Declaration of Human rights

1966 •International Covenant on Civil and Political rights (ICCPR)

1984 •Safeguard Guarantee Protection of the Rights of Those Facing the Death Penalty from ECOSOC

1989 •Second Optional Protocol to the ICCPR

1990 •The Protocol to the American Convention of the Human Rights

1993 •International Criminal Tribunal for the Former Yugoslavia

International Reaction to the Human Rights

1995 •UN Convention on the Rights of the Child

1999 •UN Commission on the Human Rights (UNCHR)

2002 •Protocol 13 to the European Convention on the Human Rights

2005 •Human Rights Resolution 2005/59

2007 •UN General Assembly Resolution 62/149



EU Strategy of Human Rights in Japan

“The European Union is founded on a shared determination to promote peace and stability and to built a world founded

on respect for human rights, democracy and the rule of law. These principles underpinned all aspects the internal

and the external policy of the European Union ”

CONCIL OF THE EUROPEAN UNION“EU Strategic Framework and Action Plan on Human Rights and Democracy”

Core Elements of the Recent EU Documents

Renewal Tailoring

Priorities Universal

Local Campaigns

Protection of the Rights of the Women and the Protection Against Gender Based Violence

Conduct a targeted campaign on political and economic participation of women with special focus on countries in transition.

Support relevant initiatives against harmful traditional practices, in particular FGM (Female Genital Mutilation).

Promote the prevention of early and forced marriages affecting children.

Implement the nine specific objectives of the EU plan of action for gender equality and women’s empowerment in development 2010-2015

Support initiatives, including of civil society, against gender based violence an feminicide.

A

B

C

D

E

Administration of Justice

Conduct a campaign on Justice, focusing on the right to a fair trial

Continue to ensure monitoring of important human rights related trials, in particular trials against human rights defenders.

A

B

Abolition of Death Penalty

Activity contribute to lobbying the UNGA 67 resolution on the death penalty moratorium, in order to increase support among States while developing also further the content of the initiative.

Undertake targeted campaigns on the death penalty and intensiy engagement with retentionist countries.

Ensure EU input to the World Congress against the Death Penalty 2013.

A

B

C

It will integrate the promotion of human rights into trade, investment, technology

and telecommunications, Internet, energy, environmental, corporate social

responsibility and development policy as well as into Common Security and

Defense Policy and the external dimensions of employment and social

policy and the area of freedom \, security and justice including counter-

terrorism policy.

Discussion question

• How we can enhance the awareness of Japanese people for the human rights’ issues ?

• Do you think that is there any chance for Japan to improve from human rights' point of view in the future?

• Do you think EU strategy is efficient or do you think it should use other kinds of strategy?

• Do you agree with the opinion that EU is focusing mainly on the death penalty issue while it should also include other human rights issues?

Reference• Amnesty International, (1991). Japan the death penalty and the need for more safeguards

against ill-treatment of detainees. Tokyo: Nihon Hyouron Sha.• Center for Prisoner. (2013). The death penalty in Japan a report on Japan’s legal obligations

under the international covenant on civil and political rights and an assessment of public attitudes to capital punishment. The Death Penalty Project, 1-68. Retrieved from http://www.deathpenaltyproject.org/wp-content/uploads/2013/03/DPP-Japan-report.pdf

• Council of the European Union, (2012). EU strategic framework and action plan on human rights and democracy. Retrieved from the European Union website: http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/131181.pdf

• Freedom House. (2013). Freedom in the world japan. Retrieved from http://www.freedomhouse.org/report/freedom-world/2013/japan

• Tokyo detention center and execution chamber. (2010, December 03). Retrieved from http://www.youtube.com/watch?v=pVcJ4MQkth8

• The Economists. (2013). Deathwatch. The Economists, Retrieved from http://www.economist.com/blogs/graphicdetail/2013/04/daily-chart-8

• United Nations, General Assembly. (1948). Universal declaration of human rights• Yoko, K. (2010). Japan execution chamber opening could spark debate. REUTERS, Retrieved

from http://graphics.thomsonreuters.com/RNGS/2010/AUG/HANG.jpg

Thank you for your attention!

The EU, Japan and Human R ights

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