“The Special Procedures of the Human Rights Council are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective.” The system of Special Procedures is a central element of the United Nations human rights machinery and covers all human rights: civil, cultural, economic, political, and social.
As stated in his letter of 18th May 2018 addressed to the Prime Minister of Japan, concerning the proposed adoption of a anti conspiracy legislation, Mr. Joseph Cannataci wrote in his capacity as Special Rapporteur appointed by the Human Rights Council to develop the UN mandate on the right to privacy, which was established by Human Rights Council resolution 28/16.
The mandate was created, inter alia, “to gather relevant information, including on international and national frameworks, national practices and experience, to study trends, developments and challenges in relation to the right to privacy and to make recommendations to ensure its promotion and protection, including in connection with the challenges arising from new technologies.“ (Text of the resolution: http://www.un.org/ga/search/view_doc.asp?symbol=A/HRC/28/L.27 ).
The Human Rights Council, of which Japan is member, has reaffirmed the obligation of States to cooperate with the Special Procedures, and the integrity and independence of Special Procedures. It also reaffirmed the principles of cooperation, transparency and accountability and the role of the system of Special Procedures in enhancing the capacity of the Human Rights Council to address human rights situations.
5. 2017-2020期の人権理事会理事国のの指名を求めて発表を行ったとき,日本政府は「人権高等弁務官事務所及び特別手続きの役割を重視」し,「特別報告者との有意義かつ建設的な対話の実現のため,今後もしっかりと協力していく」ことを強調した。(A/71/165, 20 July 2016; 外務省和文骨子より)
When Japan presented its candidature to the General Assembly to become a member of the Human Rights Council for the period 2017-2020, it underlined “the great importance” it attached “to the role of the Office of the United Nations High Commissioner for Human Rights and the Special Procedures”, adding that “Japan will continue to offer its full cooperation to realise meaningful and constructive dialogues with thematic mandate-holders.” (A/71/165, 20 July 2016).
On 28 May 2017, in response to questions on the meeting between the Secretary-General and Prime Minister Abe of Japan, regarding the reports of Special Rapporteurs: the Secretary-General told the Prime Minister that Special Rapporteurs are experts that are independent and report directly to the Human Rights Council. (See United Nations Secretary General: Office of the spokesperson’s Note to Correspondents: https://www.un.org/sg/en/content/sg/notes-correspondents).
国連の特別手続きに関する国連事務総長報道官室による更なる説明:
Further clarification by the United Nations Secretary General’s spokesperson office concerning UN Special Procedures:
Question: My name is Hiromoto from Nippon Television. I’d like to also ask you about the discussion when SG [Secretary-General] and Mr. Prime Minister Abe. And, according the press statement on 28 May from UN, SG said to Mr. Prime Minister, regarding… about the special reporters… regarding that report of special reporters, the Secretary?General told Prime Minister that special reporters are expert on independent and report directly to the Human Right Council. My question is this statement… is this everything that the SG told the Prime Minister about the special reporters?
Spokesman: That’s the gist and the… and what the Secretary?General told him. I mean, the… you know, we talk often about Special Rapporteurs here. Special Rapporteurs have a critical role to play in the human rights architecture of the UN system. But, they do not report to the Secretary?General of the United Nations. He does not appoint them. He does not set their mandates. Their mandates are set by the Human Rights Council. They’re appointed by the Human Rights Council, and they report to the Human Rights Council, and they are independent experts. That’s just a fact.
Question: I have one more question. According to the brief made by Japanese Government, they said SG told that the reporter’s view do not necessarily reflect opinion… opinion of the United Nations. Is this true?
Spokesman: I think I just answered your question. There are independent rapporteurs who have specific mandates, and they report to the Human Rights Council. Evelyn?
In this connection, I would like to bring to the attention of your Excellency’s Government information I have received concerning a proposed bill revising parts of the Act on Punishment of Organized Crimes and Control of Crime Proceeds, also known as the ‘anti-conspiracy’ bill which due to its broad scope may, if adopted into law, lead to undue restrictions to the rights to privacy and to freedom of expression.
A bill revising parts of the Act on Punishment of Organized Crimes and Control of Crime Proceeds, also known as the 'anti-conspiracy’ bill was submitted by the Japanese Government to the Parliament last 21 March 2017.
Reportedly, the amendments proposed significantly expand the scope covered by Article 6 (Preparation for organized homicide and o\her organized crimes) of the law. According to the translation made available to us the new article would read as:
“Article 6: 2(1)Two or more persons who plan, as part of activities of terrorist groups or other organised criminal groups, the commission of criminal acts listed in the following sections by such groups, are subject to the punishment prescribed in each of those sections, if any of them have arranged funds or goods or carried out preliminary inspections of relevant locations pursuant to the plan or other preparatory acts for the purpose of committing the planned criminal acts. An organized criminal group means a group of persons whose common purpose is to carry out the crimes enumerated in Appendix 3. However, those who surrender prior to executing the crime will have a reduced or exemption from that sentence. ”
Further to this amendment, 277 new types of crime would be added through the “Appendix 4”. Concerns were raised that such an important part of the law is part of an attachment to the law since it makes it much harder for citizens and experts to understand the actual scope of the provision.
Additionally, appendix 4 would permit the application of laws for crimes which appear to be totally unrelated with the scope of organized crime and terrorism, such as those related to Article 198 of the Forest Act which criminalizes theft of forestry products in reserved forests, Articles 193, 195 ,196 of the Cultural Properties Preservation Act which · prohibit, inter alia, exporting without permission and destroying important cultural properties, and Article 119 of the Copyright Act, which prohibits violations of copyrights.
Reportedly, the bill was submitted with the aim of adapting national legislation to the United Nations Convention on Transnational Organized Crime, supporting the international community in its efforts to combat terrorism. Yet, questions were raised on the pertinence and necessity of this additional legislation.
Reportedly, the government alleged that the targets of investigations to be pursued because of the new bill would be restricted to crimes in which an “organized crime group including the terrorism group” is realistically expect to be involved.
しかし、「組織的犯罪集団」の定義は漠然としており、テロ組織に明らかに限定されているとはいえません。
Yet, the definition of what an “organized criminal group” is vague and not clearly limited to terrorist organizations.
It was further stressed that authorities when questioned on the’ broad scope of application of the new norm indicated that the new bill requires not only “planning” to conduct the activities listed but also taking “preparatory actions” to trigger investigations.
Nevertheless, there is no sufficient clarification on the specific definition of “plan” and “preparatory actions” are too vague to clarify the scope of the proscribed conducts.
Additional concerns indicate that in order to establish the existence and the extent of such “a planning” and “preparatory actions” it is logical to assume that those charged would have had to be subjected to a considerable level of surveillance beforehand.
This expectation of intensified surveillance calls into question the. safeguards and remedies existing in Japanese law with regard to privacy and surveillance.
Concerns were also raised on the potential impact of the legislation in the work of non-Governmental Organizations, especially those working in sensitive areas for national security. The government allegedly reiterated that the norm application would not affect this sector.
Yet, it was alleged that the vagueness in the definition of “organized criminal group” could still create the opportunity for legitimizing, for example the surveillance of NGOs considered to be acting against national interest.
Finally, reports underline the lack of transparency around the drafting of the original draft and the pressure of the Government for the rapid adoption of the law during the current month, undermining the promotion of adequate public debates.
Serious concern is expressed that the proposed bill, in its current form and in combination with other legislation, may affect the exercise of the right to privacy as well as other fundamental public freedoms given its potential broad application.
In particular I am concerned by the risks of arbitrary application of this legislation given the vague definition of what would constitute the “planning” and the “preparatory actions” and given the inclusion of an over broad range of crimes in the Appendix which are apparently unrelated to terrorism and organized crime.
The principle of legal certainty requires that criminal liability shall be limited to clear and precise provisions in the law, ensuring reasonable notice of what actions the law covers, without unduly broadening the scope of the proscribed conducts. The “anti-conspiracy bill” in its current form does not appear to conform to this principle given that its vague and subjective concepts could be interpreted very broadly and lead to legal uncertainty.
The right to privacy appears to be particularly affected by the possibility of broad application of this law. Further concern is expressed that the allegedly expedited process used to push draft law may have a detrimental impact on human rights since the fast tracking of legislative procedures. unduly limit broader public debate on this crucial matter.
マンデートは、特にプライバシー関連の保護と救済につき、以下の5点に着目します。
Five specific areas of my mandate’s concern focus on the absence of privacy relevant safeguards and remedies:
1. Our initial assessment of the current draft would suggest that the new law or accompanying measures would not introduce any new additional specific articles or provisions which would establish appropriate safeguards for privacy in an environment where increased surveillance would be required to establish the existence of an offence under the new proposed anti-terror law.
2. As far as knowledge in the public domain permits us to establish, there are also no plans to either reinforce ex-ante warrants for the carrying out of surveillance;
3. There seem to be no plans to establish a statutory independent body in order to pre-authorise the carrying out of surveillance for national security purposes. This suggests that the establishment of such vital checks remains at the discretion of the specific agencies carrying out the operations.
4. Additionally, there are concerns about the oversight of the operations of law enforcement and security and intelligence services especially insofar as their activities are compliant or the extent to which they may interfere with the right to privacy through methods which are neither necessary nor proportionate in a democratic society. A sub-set of these concerns is the quality of judicial oversight and review when police request surveillance measures in order to carry out observations such as GPS detection or monitoring of activities on electronic devices.
5. Concerns are raised particularly with regard to the impact of the application of the new norms on the right to privacy given the broad opportunity the new norm would create for the Police to request for warrants to search for information on suspect individuals. According to information received; courts in Japan have to date demonstrated themselves to be extremely prone to accept warrant requests: practically all applications for wiretapping made by the police were reportedly accepted by courts in 2015 (figures made available to us suggest that approximately only 3% or less of all requests for warrants were rejected).
While I do not wish to prejudge the accuracy of the information on the proposed law reforms and their potential impact on the right to privacy in Japan, I would like to draw the attention of your Excellency’s Government to the obligations regarding the right to privacy, established by the International Covenant on Civil and Political Rights (ICCPR), which Japan ratified in 1978.
Article 17(1) of the ICCPR provides for the rights of individuals to be protected, inter alia, against arbitrary or unlawful interference with their privacy and correspondence and provides that everyone has the right to the protection of the law against such interference.
Furthermore, I would also like to call your Government attention to General Assembly resolution A/RES/71/199 where States note that “while concerns about public security may justify the gathering and protection of certain sensitive information, States must ensure full compliance with their obligations under international human rights law.”
As it is my responsibility, under the mandates provided to me by the Human Rights Council, to seek to clarify all cases brought to my attention, I would be grateful for your observations on the following matters:
1.上記の各主張の正確性に関して、追加情報および/または見解をお聞かせください。
1. Please provide any additional information and/or comment(s) you may have on the accuracy of the above-mentioned allegations.
4. Please provide details on the opportunities for public participation including whether civil society representatives, will have an opportunity to review the draft law and provide comments thereon.
If requested, I would be honored to provide any expertise and counsel on the matter to support the Japanese government in order to improve the pending legislative act as well as other existing legislation in Japan as appropriate and required by the international legal order.
Finally, in light of the advanced stages of the legislative process, in my view, these are matters warranting immediate public attention. Therefore, I would like to inform your Excellency’s Government that this communication will be made available to the public and posted on the website page for the mandate of the Special Rapporteur on the right to privacy and I will prepare a press release explaining my concerns and indicating that we have been in contact with your Government to clarify the issues in question.
Your Excellency’s Government’s response will also be made available on the same website as well as in a report to be presented to the Human Rights Council for its consideration.
閣下に最大の敬意を表します。
Please accept, Excellency, the assurances of my highest consideration.
ジョセフ・ケナタッチ プライバシーに関する権利の特別報告者
Joseph Cannataci Special Rapporteur on the right to privacy
Note to Correspondents: In response to questions on the meeting between the Secretary-General and Prime Minister Abe of Japan 報道陣各位:事務総長と日本の安倍首相の会談に関するご質問について
In
response to questions received on the meeting between the
Secretary-General and Prime Minister Abe of Japan, the Spokesman had the
following to say:
“During their meeting in Sicily, the Secretary-General and Prime Minister Abe did discuss the issue of so-called “comfort women”.”
「シチリアでの会談において,事務総長と安倍首相はいわゆる「慰安婦」の問題について協議した。」
“The Secretary-General agreed that this is a matter to be solved by an agreement between Japan and the Republic of Korea.”
「事務総長は,本件は日本と韓国の間の合意により解決すべき問題であることに同意を示した。」
“The Secretary-General did not pronounce himself on the content of a specific agreement but on the principle that it is up to the two countries to define the nature and the content of the solution for this issue.”
“Regarding the report of Special Rapporteurs, the Secretary-General told the Prime Minister that Special Rapporteurs are experts that are independent and report directly to the Human Rights Council.”
Additionally, Prime Minister Abe stated the importance of implementing
the agreement between Japan and the Republic of Korea (ROK) on the issue
of comfort women, and Secretary-General Guterres expressed his support
for the agreement and welcomed it.
Furthermore, Prime Minister Abe described Japan’s efforts towards
becoming a State Party to the United Nations Convention against
Transnational Organized Crime. In this regard, Secretary-General
Guterres explained that a Special Rapporteur of the Human Rights Council
is an individual expert independent from the United Nations and his/her
assertions do not necessarily reflect the consensus view of the United
Nations.
沖縄県における米軍基地問題に反対する平和的抗議活動に対する抑圧と琉球/沖縄の先住民族の権利の侵害[1] Suppression of civilians peacefully protesting US military bases
in Okinawa, and violations of the rights of the Ryukyuan/Okinawan
indigenous people [1]
1 米軍基地の新施設建設に反対する平和的抗議集会への抑圧
Suppression of peaceful protests against the construction of new US military base facilities
In Okinawa prefecture, in the southernmost part of Japan, there are 34
US Armed Forces facilities covering 10% of its area. New US Military
facilities are currently being constructed, and the Japanese authority
continues to use serious violence against peaceful protesters.
In
Takae, Higashi Village, northern part of Okinawa, the US and Japan plans to
construct a helicopter landing pad in the northern training zone where US
forces reside. Furthermore, there is plan to build a US military base in the
seaside area of Henoko, Okinawa. Peaceful protests by local residents against
the construction, such as sit-ins, continue in the surrounding neighbourhood.
The
Japan government has violently removed protesters as well as dispatched riot
police, resulting in excessive use of force. In September, 2015, Japan Coast
Guard members grabbed a protester by his throat, screaming and leaving him with
neck injuries that required two weeks to heal.[2]
In November 2015, Japan Coast Guard officers physically harmed civilians by
excessive violence three days in a row.[3]
Also, on January 20, 2016, a Japan Coast Guard officer caught filmmaker Asako
Kageyama, who participated in the protests offshore Henoko, in a leg lock to
seize her camera.[4]
Since July 19, 2016, the Japan government has deployed more
than 100 riot police from all over the country to Takae, Okinama.[5]
Currently, 500 to 700 riot police currently surround Takae, with a
population of about 160, and continue forcibly removing civilians sitting in
front of the construction site gate. Riot police throttled several civilians by
their throats, and a 72-year-old female protester was taken to the hospital for
hitting her head.[6]
Protesters have been unduly arrested and detained for only resisting the riot
police’s violence.[7]
On August 20, 2016, riot police physically restrained a
local newspaper journalist reporting on the protest in Takae for 15 minutes
after grabbing his arms and pushing his back for 40 meters into a space between
parked police vehicles.[8]
74% of US forces’ exclusive-use facilities are concentrated
in Okinawa.[9]
As of the end of June 2011, the total number of US forces in Japan including
army, navy, air force and marines was 36,712, 25,843 (70.4%) of which are
deployed in Okinawa. 15,365 (87.4%) of 17,585 US marines in Japan are deployed
in Okinawa.[10]
US forces in Japan ceased releasing their numbers in Okinawa in June 2011, and
the actual number is unknown since then.[11]
(2) 米軍基地建設の歴史的経緯
Historical background of the construction of US
military bases
During and after WWII, the US military forcibly took much
of the land of Okinawa’s people. Despite numerous protests of local people, in 1956, the US
forced citizens, including those in Henoko and Takae to choose either forced
requisition or voluntary disposition of land for US military bases. The land
was taken as a result of a painful choice by residents, but not under their
free will.
In
1972, the US and Japanese governments made an agreement to return Okinawa to
Japan with the condition that the US military be given a special privilege to
use Okinawan bases without limitation, denying local residents’ rights.
Thus, US military bases in Okinawa were built during and
after WWII, ignoring the land rights of Ryukyuan/Okinawan people, and due
to the Okinawan bases’ existence, local people are denied their indigenous
rights toward traditional land and natural resources.
(3) 米軍基地移設問題における権利侵害 Violations of rights regarding the relocation of US
military bases
On
July 1, 2014, when house demolition started in Henoko for the relocation of
U.S. Air Station Futenma, people opposing the relocation began sit-ins in front
of the gate.[12]
The Japanese government designated restricted areas around the ancestral
regions of Cape Henoko and Oura Bay, without consultation with and consent of
local people, and since then forcibly removed protesters through violence.
Ryukyuan/Okinawan
people have been banned from entering their ancestral region and threatened to
be arrested for trespassing, and indeed many have been arrested.
3 集会の自由の侵害および先住民の権利侵害
Violations of the freedom of assembly and the rights of indigenous peoples
In 31th Human Rights Council(HRC), the Special Rapporteur
on the rights to freedom of peaceful assembly and association and the Special
Rapporteur on extrajudicial, summary or arbitrary executions submitted a joint
report on the proper management of assemblies, [13]
and made practical recommendations, including
“assemblies should be presumed lawful, subject to the
permissible limitations set out in article 21 of the International Covenant on
Civil and Political Rights”(Para18);
“when a State invokes national security and protection of
public order to restrict an assembly, it must prove the precise nature of the
threat and the specific risks posed. It is not sufficient for the State to
refer generally to the security situation”(para31);
“Any use of force must comply with the principles of
necessity and proportionality”;
“The necessity requirement restricts the kind and degree of
force used to the minimum necessary in the circumstances, and “any force used
should be targeted at individuals using violence or to avert an imminent
threat”(para 57).
The HRC resolution A/HRC/31/L.21 strongly encourage all
States to give due consideration to this practical recommendations as it
provides useful guidance to implement States duty to respect the rights to
peaceful protest. [14]
The use of force against peaceful protesters and
journalists by the Japanese authority is clearly exceeding above “necessity
minimum” requirement. Thus, the use of force constitutes grave violations
of the rights to freedom of peaceful assembly and the right to press.
(2) 琉球/沖縄の人々の先住民族としての権利 The rights of Ryukyuan/Okinawan people as
indigenous people
The UN Human Rights Committee [15]
and the UN Committee on the Elimination of Racial Discrimination[16]recognize Ryukyuan/Okinawan people as the
indigenous peoples.
In accordance with UN Declaration on the Rights of
Indigenous Peoples (DRIP), the Japanese government must recognize and
take measures to guarantee
and protect
the indigenous people’s “right to the lands,
territories and resources” and abides article 19’s principle of free, prior and
informed consent (FPIC).[17]
Further, the Japanese government must undertake effective
consultations with the indigenous peoples concerned, prior to using their lands
or territories for military activities (Article 30).
Immediately cease violent removals and excessive policing to the people peacefully protesting the relocation
and construction of US military bases in Henoko and Takae and journalists
covering the situation in accordance with international human rights standards including ICCPR article 21.
Ensure the citizens’ rights to participate peaceful assembly protesting the US military bases in accordance with international standards including ICCPR article 21
Ensure
the rights of journalists to cover and report the peaceful assembly protesting
the US military bases in accordance with international standards including
ICCPR article 19.
Recognize the Ryukyuan/Okinawan people as an indigenous people, and ensure the right to traditional land and natural resources and the right to “participate in decision-making in matters which would affect their rights” in accordance with article 26 and
19 of DRIP;
国連先住民族権利宣言19条に基づき、琉球/沖縄の人々に自由意思による、事前の、十分な情報に基づく合意(Free Prior and Informed Consent)原則を遵守する効果的な政策決定への参加機会を保障して沖縄県への米軍基地の偏在を解消すること。
Resolve the heavy concentration of
US military bases in Okinawa by ensuring effective participation of the Ryukyuan/Okinawan people to the decision making process which abides by DRIP article 19’s principle of free, prior and informed consent (FPIC).
[1] Joint statement of Human Rights Now(HRN), International Movement Against All Forms of Discrimination and Racism (IMADR), and All Okinawa Council for Human Rights.
Japan: UN rights expert warns of serious threats to the independence of the press
日本:国連の人権専門家、報道の独立性に対する重大な脅威を警告
TOKYO / GENEVA (19 April 2016) 東京/ジュネーブ(2016年4月19日)
The United Nations Special Rapporteur on the right to freedom of opinion and expression, David Kaye, on Tuesday called upon the Japanese Government to take urgent steps to protect the independence of the media and promote the public’s right of access to information.
“Japan has well-earned pride in a Constitution that expressly protects the freedom of the press. Yet the independence of the press is facing serious threats,” said Kaye after a week-long visit to the country.
“Weak legal protection, the newly adopted Specially Designated Secrets Act, and persistent Government pressure for ‘neutrality’ and ‘fairness’ appear to be producing high levels of self-censorship,” Kaye said.
“Such pressure has its intended effect because the media itself depends upon the exclusivity of the press club system and lacks a broad professional union that could advocate for basic principles of independence.”
“Numerous journalists, many agreeing to meet with me only on condition of anonymity to protect their livelihoods, highlighted the pressure to avoid sensitive areas of public interest. Many claimed to have been sidelined or silenced following indirect pressure from leading politicians. A country with such strong democratic foundations should resist and protect against such interference.”
According to Mr. Kaye, the Broadcast Act, adopted in 1950 to give the Government direct authority to regulate the broadcast media, confuses the professional obligations of journalists, in Article 4, with the Government’s power to suspend broadcasting licenses. “
The Government should repeal Article 4 and get itself out of the media-regulation business,” he said.
「政府は放送法4条を廃止し、メディア規制から手を引くべきです」と同氏は述べました。
Mr. Kaye noted that, in this environment, the Specially Designated Secrets Act, still in its early stages of implementation, is likely to have a chilling effect on the media’s coverage of matters of serious public concern.
The weakness of whistleblower protection, for example, could lead to information sources drying up, while journalists themselves may fear punishment for their work to gain access to information. Such fears may have particular impact on areas of major contemporary public interest in Japan, such as the future of the nuclear power industry, disaster response, and the national security policies adopted by the Government.
According to the Special Rapporteur, Government pressure also undermines debate on issues of crucial importance, such as the use of "comfort women” during the Second World War.
While noting that international human rights mechanisms have repeatedly urged Japan to address the issue, Mr. Kaye voiced his frustration about the attempts to limit debate over the country’s past.
"Government interference with how textbooks treat the reality of the crimes committed during the Second World War undermines the public’s right to know and its ability to grapple with and understand its past.”
Mr. Kaye visited the Diet, where he met the Committee on Judicial Affairs and expressed his interest in ongoing discussions on hate speech and surveillance legislation.
“Japan must
adopt a broadly applicable anti-discrimination law,” he said.
「日本は、広範囲に適用できる差別禁止法を採択しなければなりません」
The first answer to hate speech is to have a law that prohibits acts of discrimination. Once that is in place, broad Government action against hateful expression – such as educational and public statements against hatred – can have a real impact on the fight against discrimination.”
"The very low level of Government interference with digital freedoms illustrates the Government’s commitment to freedom of expression. As the Government considers legislation related to wiretaps and new approaches to cybersecurity, I hope that this spirit of freedom, communication security and innovation online is kept at the forefront of regulatory efforts.”
David Kaye visited Japan at the invitation of the Government and met with various national authorities. He also held discussions with non-governmental organizations, journalists, private media associations and lawyers. The Special Rapporteur will prepare a report to be presented in 2017 at the Human Rights Council on the main findings of his visit.
Japan: UN rights
expert warns of serious threats to the independence of the press
日本:国連の人権専門家、報道の独立性に対する重大な脅威を警告
TOKYO / GENEVA
(19 April 2016)
東京/ジュネーブ(2016年4月19日)
The United Nations Special Rapporteur on the right to freedom of opinion and expression, David Kaye, on Tuesday called upon the Japanese Government to take urgent steps to protect the independence of the media and promote the public’s right of access to information.
“Japan has well-earned pride in a Constitution that expressly protects the freedom of the press. Yet the independence of the press is facing serious threats,” said Kaye after a week-long visit to the country.
“Weak legal protection, the newly adopted Specially Designated Secrets Act, and persistent Government pressure for ‘neutrality’ and ‘fairness’ appear to be producing high levels of self-censorship,” Kaye said.
“Such pressure has its intended effect because the media itself depends upon the exclusivity of the press club system and lacks a broad professional union that could advocate for basic principles of independence.”
“Numerous journalists, many agreeing to meet with me only on condition of anonymity to protect their livelihoods, highlighted the pressure to avoid sensitive areas of public interest. Many claimed to have been sidelined or silenced following indirect pressure from leading politicians. A country with such strong democratic foundations should resist and protect against such interference.”
According to Mr. Kaye, the Broadcast Act, adopted in 1950 to give the Government direct authority to regulate the broadcast media, confuses the professional obligations of journalists, in Article 4, with the Government’s power to suspend broadcasting licenses.
"The Government should repeal Article 4 and get itself out of the media-regulation business,” he said.
「政府は放送法4条を廃止し、メディア規制から手を引くべきです」
同氏は述べた。
Mr. Kaye noted that, in this environment, the Specially Designated Secrets Act, still in its early stages of implementation, is likely to have a chilling effect on the media’s coverage of matters of serious public concern.
The weakness of whistleblower protection, for example, could lead to information sources drying up, while journalists themselves may fear punishment for their work to gain access to information. Such fears may have particular impact on areas of major contemporary public interest in Japan, such as the future of the nuclear power industry, disaster response, and the national security policies adopted by the Government.
According to the Special Rapporteur, Government pressure also undermines debate on issues of crucial importance, such as the use of "comfort women” during the Second World War.
While noting that international human rights mechanisms have repeatedly urged Japan to address the issue, Mr. Kaye voiced his frustration about the attempts to limit debate over the country’s past.
“References to ‘comfort women’ are being edited out of textbooks in junior high schools, where Japanese history is compulsory,“ Kaye found.
「従軍慰安婦への言及は、中学校で必修科目である日本史の教科書から削除されつつあります」
その事実を把握したケイ氏は述べた。
"Government interference with how textbooks treat the reality of the crimes committed during the Second World War undermines the public’s right to know and its ability to grapple with and understand its past.”
Mr. Kaye visited the Diet, where he met the Committee on Judicial Affairs and expressed his interest in ongoing discussions on hate speech and surveillance legislation.
“Japan must adopt a broadly applicable anti-discrimination law,” he said.
「日本は、広範囲に適用が可能な差別禁止法を制定すべきです」
ケイ氏は次のように述べた。
“The first answer to hate speech is to have a law that prohibits acts of discrimination. Once that is in place, broad Government action against hateful expression – such as educational and public statements against hatred – can have a real impact on the fight against discrimination.”
“I want to emphasize as well how important a model Japan presents in the area of freedom on the Internet,” Kaye added.
ケイ氏はさらにこうも述べた。
「ネット上の自由の分野で、日本がいかに重要な模範を示しているかについても強調したいと思います」
“The very low level of Government interference with digital freedoms illustrates the Government’s commitment to freedom of expression. As the Government considers legislation related to wiretaps and new approaches to cybersecurity, I hope that this spirit of freedom, communication security and innovation online is kept at the forefront of regulatory efforts.”
David Kaye visited Japan at the invitation of the Government and met with various national authorities. He also held discussions with non-governmental organizations, journalists, private media associations and lawyers. The Special Rapporteur will prepare a report to be presented in 2017 at the Human Rights Council on the main findings of his visit.
[Full Translation] Message from Ms. Rita Izsák-Ndiay, United Nations Special Rapporteur on Minority Issues, to the Japanese people who have commented on her unofficial visit to Japan
This is to all people who commented on my unofficial visit to Japan:
これは私の日本への非公式訪問についてコメントされたすべての方々に向けたものです。
Dear All,
親愛なる皆さま
first of all, I would like to thank you for taking your time to write me your comments and reflections on my recent unofficial visit to Tokyo. One of the main aims of my visit was indeed to stimulate more public discussion around the topics of inter-communal relations, hate speech and tolerance in Japan. Since social media was created to enable two-way communication, I believe it is important that I respond to you. This will be my only reaction: as my visit was unofficial (meaning that I was not invited by the Government of Japan), it will not result in any official report or statement.
I regret the number of hate-filled messages appearing on my social media sites (here on FB and on Twitter) against various groups living in Japan, most often targeting Koreans. I especially regret the ones that are trying to justify hatred against them by explaining in detail why all Koreans are thieves, murderers, prostitutes, or rapists. This is absolutely unacceptable. In EVERY single nation and country in the world, there are unfortunately individuals who are thieves, murderers, prostitutes, or rapists but labelling entire communities, let it be a majority or a minority community, because of the action of a few people, is absolutely unacceptable and I will delete such messages from my private page consequently.
For those of you who worried about what kind of agenda I am serving, I am glad to tell you that nobody’s. I have written a UN report on “Hate speech andncitement to hatred against minorities in the media” in 2015 which you can read here: http://ww iw.ohchr.org/EN/Issues/Minorities/SRMinorities/Pages/annual.aspx, and I was invited by the Japanese Federation of Bar Associations (JFBA) to present it.
私があやしげな目的を持っているのではないかと懸念している方々がいますが、そのようなことはありませんのでご安心ください。私は、2015年に国連のレポートとして書いた"Hate speech and incitement to hatred against minorities in the media(メディアにおけるマイノリティに対するヘイトの扇動及びヘイトスピーチ)"の講演を行うために日本弁護士連合会(JFBA)に招かれたのです。そのレポートは、こちらでお読みいただけます。(反差別国際運動による抄訳『マイノリティ問題に関するリタ・イザック特別報告者報告書』)
In my presentation at the symposium, I explained that the term “hate speech” is rarely used in international law. There are different expressions categorizing the nature of hate-filled speeches and most countries make a difference between incitement to genocide, advocacy for hatred and offensive languages for example, which in everyday discussions are often labelled under the common name of “hate speech”. In reality, these should have different legal consequences.
2) Advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence CAN be prohibited as long as restrictions are legal, necessary and proportionate (Article 19 and 20 in ICCPR, Article 4 of CERD) and
3) expression of opinions and ideas that others may find offensive but does not meet the threshold of severity, at which restrictions on expression are permitted, SHOULD NOT be prohibited (see in detail Human Rights Committee’s General Comment No. 34).
However, legal action (which can be criminal, civil or administrative - depending of the severity) is not the only solution: social action bears a huge importance, especially in relation to the 3rd category of speech as described above. Coordinated action to address hate speech and hate crimes must include legislative steps and swift and efficient social responses, engage majority communities, including politicians, intellectuals, celebrities and ordinary people concerned about discrimination and hatred in their societies.
I also talked about how important it is to consider the elements of speech, such as the context, the speaker, the speaker’s intention, the content and form of expression, extend and magnitude of the speech and the likelihood of harm to occur as a result (see Rabat Plan of Action). For illustration, there is a big difference if a political leader says “Let’s burn the houses of all Pink People tonight!” in the national TV during evening news and if a young man posts “I hate Pink People” on Twitter where he has 15 followers.
また、講演では、スピーチの要素、たとえば文脈や発言者、発言者の意図、表現の内容と形、その範囲と重大性、そして結果として生じる損害等を考慮に入れることが重要であると説きました("Rabat Plan of Action"を参照)。たとえば、政治指導者が「今夜、ピンクの人間の家をすべて燃やしてしまえ!」と全国放送の夜のTVのニュースで発言するのと、フォロワー数15人の若い男性が「ピンクの人間は大嫌いだ」と呟くのでは、大きな違いがあります。
I talked about the issue of nationality regarding a question about what is unique in Japan compared to other countries in my experience. I responsed that I was surprised to learn that many 3rd generation of Koreans who were born, raised and schooled in Japan and have Japanese as their mother tongue and consequently a strong Japanese identity didn’t even realize they were Koreans until their teenage years when they learnt that they have a Korean passport and can not vote in Japan for example.
Some commenters here on Facebook brought up the example of green card holders in the US. In fact it is an interesting comparison because the US is a country granting citizenship based on jus soli (right of the soil) and not based on jus sanguinis (right of blood) so if a foreign woman moves to the US at her 8th months of pregnancy and gives birth there (and is “subject to the jurisdiction thereof”, see 14th Constitutional Amendment), the child can potentially become a US President, automatically.
And those of you who were concerned that I didn’t listen to Japanese people, my response is that I met dozens of Japanese people and listened to them very carefully. Luckily, they were members of the majority of Japanese people who want peace, friendship and tolerance in the society and who are deeply committed to keep that social cohesion. There are thousands of Japanese people who stood up to protect those who are targeted solely based on their ethnic and national origin and I was deeply inspired and moved by their courageous actions.
I thank all of those who helped in the preparation and organization of my visit and all those who took their time to meet and talk to me. I wish you and all of us continued strength to teach people how to love each other “for love comes more naturally to the human heart than its opposite.” (Nelson Mandela)
Last Friday at the United Nations headquarters in New York, the Japanese Government was questioned in an open discussion over the ongoing U.S. helipad construction issue near the small settlement of Takae in the village of Higashi in Okinawa.
Japan is running for a seat in the UN’s Human Rights Council.
The discussion happened on the very same day the Government of Japan mobilized over 500 policemen [riot squad members] in the settlement to eliminate the protesting residents and to resume the construction of the facility.
In the discussion, the representative of Japan was questioned what measures the Japanese government was enforcing to ensure the freedom of peaceful assembly, particularly in Okinawa.
日本大使「集会の自由大切」
UN Ambassador: “Freedom of association is enshrined in Japanese law”
“I do not have the details of the ground. However, in general, I can assure you that the Government of Japan including its Police Department is acting according to the Japanese law,” Japan’s UN Ambassador Misako Kaji responded.
“The legal system of Japan ensures the promotion and protection of human rights. Freedom of peaceful association is enshrined in our Constitution.”
[Original Quote] Amb. Kaji:Thank you. Mr. Chairman.The question was on freedom of peaceful association of vulnerable groups in Okinawa. I presume this derives from the report that today in Okinawa Prefecture there were clashes between the Japanese Police and the protestors on the construction of the US helicopters resumed in the military training area.I do not have the details of the ground. However, in general, I can assure you that the Government of Japan including its Police Department is acting according to the Japanese law. The legal system of Japan ensures the promotion and protection of human rights. Freedom of peaceful association is enshrined in our Constitution. Thank you.
The open discussion was held in anticipation of the upcoming election of new council members to the Human Rights Commission this fall. Hosted by the Government of Panama and human rights organizations such as Amnesty International, the event was chaired by Assistant Secretary-General for Human Rights with participation of 9 candidate nations including the United States, the United Kingdom, and Japan. Questions were collected from Twitter, and many of the questions from Japan pertained to the situation in Takae.
専門家「国内外で使い分け」
Human Rights Expert: “They are switching between ‘faces’”
“Now that the human rights violations in Takae is being scrutinized in the UN in real-time, the Japanese government must be realizing how it is becoming increasingly difficult to ‘switch faces’ in and out of Japan,” says Taisuke Komatsu, the representative of the international anti-discrimination organization IMADR in Geneva who called on for questions from Japan.
“They bring out ‘national laws’ when what they are being asked is whether they our upholding international human rights norms or not. That does not look like a ‘sincere response’ in a place of international discussion like this.”
American musicians who support boycotting Israel over the issue of Palestinian rights are terrified to speak out for fear their careers will be destroyed, according to Roger Waters.
The Pink Floyd star – a prominent supporter of the boycott, divestment and sanctions (BDS) campaign against Israel since its inception 10 years ago – said the experience of seeing himself constantly labelled a Nazi and anti-Semite had scared people into silence.
“The only response to BDS is that it is anti-Semitic,” Waters told The Independent, in his first major UK interview about his commitment to Israeli activism. “I know this because I have been accused of being a Nazi and an anti-Semite for the past 10 years.
“My industry has been particularly recalcitrant in even raising a voice [against Israel]. There’s me and Elvis Costello, Brian Eno, Manic Street Preachers, one or two others, but there’s nobody in the United States where I live. I’ve talked to a lot of them, and they are scared s***less"
“If they say something in public they will no longer have a career. They will be destroyed. I’m hoping to encourage some of them to stop being frightened and to stand up and be counted, because we need them. We need them desperately in this conversation in the same way we needed musicians to join protesters over Vietnam.”
“Just as it is a lie now that there is any possibility under the current status quo of Palestinians achieving self-determination and achieving, at least, a rule of law where they can live and raise their children and start their own industries. This is an ancient, brilliant, artistic and very humane civilisation that is being destroyed in front of our eyes.”
ウォーターズの中東観を根本的に変えた出来事は、06年に"Dark Side of the Moon"のライヴツアーで欧州ツアーを終えようとしていた時、ギグのためにイスラエルのテルアビブに訪れた時に起きた。
A trip to Israel in 2006, where Waters had planned to play a gig in Tel Aviv and the end of the European leg of his Dark Side of the Moon Live tour, transformed his view of the Middle East.
After speaking to Palestinian artists as well as Israeli anti-government protesters, who called on him to use the gig as a platform to speak out against Israeli foreign policy, he switched the concert from Hayarkon Park to Neve Shalom, an Arab/Israeli peace village. But as the tickets had already been sold, the audience was still entirely Jewish Israeli.
Waters said: “It was very strange performing to a completely segregated audience because there were no Palestinians there. There were just 60,000 Jewish Israelis, who could not have been more welcoming, nice and loyal to Pink Floyd. Nevertheless, it left an uncomfortable feeling.”
その後、ウォーターズはウェストバンク(ヨルダン川西岸)のジェニン、ラマラ、ナブルスを訪ね、二つのコミュニティがどれだけ相互に隔離されていたかを目のあたりにした。そして、イスラエルと占領地を分かつ防護壁(分断壁)にも訪れ、強い社会的影響を与えた彼の作品"Another Brick in the Wall"の詞の一部を、分離壁の『壁』にスプレーでペイントした。
“We don’t need no thought control"(洗脳教育はいらない)と。※
[※訳注: 伝説の名曲"Another Brick in the Wall"の詞の一部の有名なフレーズ"We don’t need not thought control"を「洗脳教育」としたことに違和感を覚える方がいるかもしれませんが、これは映画"The Wall"の中で描かれたイギリスでの管理教育の実態、学校ではハンマーで出る釘は打たれ、次々に機械に押し込まれミンチにされる子どもたちの描写を思い浮かべ、単なる「思想統制」では”ゆるい”と感じたため、よりストレートな「洗脳教育」と訳した次第です。Pink Floydへの愛ゆえのバイアスだと思っていただいて結構です。。]
He travelled around the West Bank towns of Jenin, Ramallah and Nablus, seeing how the two communities were segregated – and also visited the security barrier separating Israel from the Occupied Territories spraying a signed message from his seminal work “Another Brick in the Wall”, which read: “We don’t need no thought control”.
“I’m glad I did it,” he says, as people in Israeli are “treated very unequally depending on their ethnicity. So Palestinian Israeli citizens and the Bedouin are treated completely different from Jewish citizens. There are 40 to 50 different laws depending on whether you are or you are not Jewish.”
Waters expected to be shouted down by critics, but it is the Nazi accusations that he considers the most absurd, especially given that his father, Lt Eric Waters of the 8th Royal Fusilliers, died aged 31 fighting the Nazis at Anzio, Italy, in early 1944. His body was never found but his name is commemorated at the Commonwealth War Graves cemetery at Monte Cassino.
“I have veterans coming to all my shows and meet them at half time. At a gig in 2013, one veteran came up to me, took my hand, wouldn’t let go and looked me in the eye… I can hardly tell you this now without welling up. He said: ‘Your father would have been proud of you.’
“My father died fighting the Nazis, my mother [a strong CND and Labour supporter] devoted her life to doing everything she could to create a more humane world.
“We are asking questions that have never been asked until the last couple of years, which are bringing the wrath of the Israeli lobby down on people like me and all the others who dare to question and criticise.
“[The Israeli lobby] is determined not to let that conversation develop into one that people can listen to and that is why they accuse us of being Nazis. This idea that BDS is the thin end of some kind of genocidal Nazi wedge that ends up in another Holocaust – well it isn’t.”
Nick Mason, Pink Floyd’s drummer, wrote of Waters in his autobiography: “Once he sees a confrontation as necessary he is so grimly committed to winning that he throws everything into the fray – and his everything can be pretty scary.”
Israel’s incoming ambassador to the UK, Mark Regev, Benjamin Netanyahu’s former spokesman, seems to be the next man in Waters’ sights over “this battle of words”.
He said: “I can tell you what Mark Regev is going to say about any situation. He is going to say: ‘What would you do if your children were being slaughtered by terrorists? Do we not have a right to defend ourselves?’ And that is the mantra.”
Waters cites growing activism on US university campuses, often by Jewish students, as reason for optimism that the status quo may change in his lifetime.
He often writes letters to those students who, he said, are set to play as important a role in the future of Israel as the anti-Vietnam War protesters played in influencing US foreign policy in the 1960s and 1970s.
“It makes my heart sing to see these young kids organising themselves and I applaud them for taking a stand in what they believe in the face of such huge opposition,”he said.
“These are brave young people and they cannot be bought. They believe in their attachment and love for other human beings. We do not believe in the building of walls. It’s so important we understand our humanity and co-operate with one another to create a better place for our children and grandchildren.”
51. La Convention vise à répondre à la
nécessité d’une action mondiale et à assurer l’incrimination effective des
actes de participation à des groupes criminels. Son article 5 met sur le même
plan les deux principales méthodes d’incrimination mentionnées plus haut. De ce
fait, il contient deux options, à l’alinéa a
i et ii du paragraphe 1, pour tenir compte du fait que certains pays ont une
législation sur l’entente délictueuse et d’autres sur l’association de
malfaiteurs. Ces options permettent d’agir efficacement contre les groupes
criminels organisés sans qu’il soit nécessaire d’introduire l’un ou l’autre
concept — entente délictueuse ou association de malfaiteurs — dans les États où
ce concept n’existe pas. L’article 5 vise également les personnes qui
favorisent et facilitent par d’autres moyens la commission d’infractions graves
par un groupe criminel organisé.