The EU, Japan and Human Rights Erika Bugini Mayumi 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

Japanese Public Opinion for Death Penalty

Survey by Japanese Government

Reaction from International Society

Article 1 All 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 5 No one shall be subjugated to torture or to cruel, inhuman or degrading treatment or punishment. → Death Penalty

→ Criminal Justice 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 Survey Free 1.5 2 1 2013 SCORES STATUS FREEDOM RATING CIVIL LIBERTIES 2 POLITICAL RIGHTS 1

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 2008 UN General Assembly Resolution 63/168 2010 UN General Assembly Resolution 65/206

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!