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• Twelve Periodic Reports Reviewed at 78th CERD Session
  
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  2011.04.22

• The Challenge: The Protection and Promotion of Human Rights of Migrants in Japan
  
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  2011.03.25

In conjunction with the tenth anniversary of the 2001 Durban Declaration and Programme of Action (DDPA), IMADR delivered an oral statement jointly with the Solidarity Network with Migrants Japan (SMJ - Click Here) during the 16th session of the Human Rights Council (see below). Despite commitments made under the DDPA, Japan has failed to fully and effectively protect and promote the rights of migrants, including those from its former colonies and their descendants. While there have been many different problems faced by migrants in Japan, one fundamental cause rests with the absence of a law prohibiting racial discrimination and a mechanism securing the implementation of such law, i.e. an independent national human rights committee. Also, Japan has not yet ratified the International Convention of the Protection of the Rights of All Migrant Workers and Members of Their Families. In addition to the legislative failure, the strict immigration law and control over migrants and non-Japanese residents has made it difficult for them to fully exercise their rights as protected under international human rights norms and standards.

Some of the current problems pertinent to migrants in Japan have been pointed out by the Committee on the Elimination of Racial Discrimination last year in its Concluding Observations to Japan’s combined third to sixth periodic reports (under Paragraphs 11, 12, 13, 14, 16, 17, 22, 23, 24 and 25).
Concluding Observations, click here

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IMADR Oral Statement, Human Rights Council 16th Session
Item 9, General Debate
March 22, 2011
Mr. President,

Paragraph 26 of the Durban Declaration and Programme of Action (DDPA) requests States to promote and protect fully and effectively the human rights and fundamental freedoms of all migrants, regardless of their immigration status. IMADR, on behalf of the Solidarity Network with Migrants Japan (SMJ), would like to stress that in many cases, migrants including refugees and asylum seekers are still facing discriminatory practices, xenophobia and intolerance. In many countries, immigration policies are restrictive, rigid and not properly coping with the changing context and actual trends of migration.

Furthermore, immigration policies that do not reflect the needs for migrant labor in the country even increase the irregularity of people’s movements and status at the destination, making migrants more and more vulnerable to various human rights abuses, including human trafficking and labor or sexual exploitation. Indeed, there are a lot of migrant workers, especially domestic workers and those in the informal sector, being deprived of their labor rights.

Mr. President,
In Japan, right wing group have been openly assaulting Korean schools and pupils, tens of adults surrounding and shouting at children. These groups can continue and even escalate their acts without being punished, since there is no legislation in the country that prohibits such racist acts. There is neither an anti-discrimination law nor an independent national human rights institution. A number of migrant trainees and technical interns, who work in Japan through a program designed and facilitated by the State, are deprived of their fundamental rights and freedoms, being exploited and facing slavery- like working and living conditions. In some cases, this program is even used by human traffickers. In 2008, a technical intern from China died of long-term overwork and there are about 30 cases in recent years in which the death of trainees and interns are probably caused by inhumane working conditions.

Against this backdrop, we call on the Council to more strongly promote a human rights-based approach towards migration, as well as the ratification and full implementation of the International Convention of the Protection of the Rights of All Migrant Workers and Members of Their Families. Regardless of their immigration status, migrants are all human beings and their human rights must be equally promoted and protected. Further, we request that all the States present here provide sufficient assistance to and cooperate with relevant stakeholders such as NGOs or trade unions working with migrants for the promotion and protection of their human rights.

Thank you, Mr. President

• 16th UN HRC Side Event: Cultures, Traditions and Violence Against Women
  
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  2011.03.25

On March 7, 2011 the Violence is Not Our Culture Campaign organized an event parallel to the 16th UN Human Rights Council (HRC) in collaboration with AWID (Association for Women’s Rights and Development), and IWRAW (International Women’s Rights Action Watch). The event focused on “Cultures, Traditions and Violence Against Women” as a challenge to human rights. Panelists came together to discuss how notions of culture, tradition and religion continue to be used to justify the violation of women’s rights, minority rights, and the rights of the LGBT community, regardless of how much recognition the universality of human rights gains. AWID Executive Director Lydia Alpizar moderated the meetings and invited four panelists to speak. The panelists each shared their experiences and perspectives based on their varying backgrounds, which resulted in a rich dialogue that presented different approaches to exploring the issues.

UN Independent Expert on Cultural Rights Farida Shaheed was first to speak, and focused on culture and the different indications of this notion. She defined culture not as music, poetry, fine arts, and monuments, but as a way of life, a prism through which we perceive and respond to the world. She deduced, therefore, that whenever Violence Against Women (VAW) takes place, it indicates a degree of legitimization, usually coming from patriarchal cultures that tend to value and accept violence, while devaluing feminine attributes and, ultimately, women. When violence is transformed into a norm, it gains acceptance and an environment of impunity results. Shaheed further stated that this culture of violence needed to be replaced with a culture of peace.

Shaheed continued by setting forth two main assertions. The first is that no society ever has a singular culture. In every society, there is a dominant culture and other sub-alternate cultures that represent those who do not accept living according to the viewpoints of the mainstream, e.g. women, indigenous people, youth, and human rights defenders. Her second assertion was that culture is never static It is produced and reproduced through everyday interactions in social and political arenas, and is not just passed from one generation to the next but is constantly evolving from a sense of self. Shaheed stressed that the notion of culture is not synonymous with cultural relativism; there are common sets of values that are found across cultures belonging to humanity in its entirety and are inscribed in the Universal Declaration of Human Rights. This means that each person is entitled to rights and freedoms as recognized in the Declaration and that all States have the obligation to promote and protect human rights.

Shaheed expressed her belief that it is time for women to shift the dialog on culture from being an obstacle and use it to demand their rights. Women have rarely defined the dominant culture because they don’t have the means, so they need to be taken from the subculture to the dominant culture and be supported in shifting from the margins to the center. Shaheed thought the promotion of women’s cultural rights was integral to changing their position and commented on what little effort women’s right advocates had made in this regard. She highlighted that although CEDAW speaks about cultural rights, but did not believe that women’s rights activists or communities had picked up on this. Shaheed concluded by urging people to think about how women’s cultural rights can be promoted as a means for stopping VAW and to see what obligations devolve on States to ensure these rights.

View full report here.[PDF]
PDF file

• Expert Workshop on VAW – Challenges, Good Practices, and Opportunities.
  
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  2010.12.22

• IMADR's oral statements at the 15 Human Rights Council(HRC)
  
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  2010.10.01

During the 15 Human Rights Council (from 13 September to 1 October 2010) IMADR presented two oral statements:
one on the human rights situation in Sri Lanka (item 2 and 3, General Debate); and
the other on the situation of Roma people (item 9, Interactive Dialogue with SR racism).

• IMADR's statements at the14 Human Rights Conuncil(HRC)
  
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  2010.06.21

During the 14 HRC (from 31 May to 18 June 2010), IMADR prepared three oral statements.
Two of them were orally presented during:
1) Clustered Interactive Dialogue with WG on disappearances under item 3
and
2) General Debate under item 9.
One was prepared for the clustered ID with SR on trafficking, but could not orally presented due to the limited number of NGO speakers being allowed to take the floor during the ID.

• IMADR’s Comment on the Universal Periodic Review of Japan
  
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  2008.05.12

On May 9, 2008, Japan was reviewed by the Working Group for the Universal Periodic Review in its 2nd session. After the review, IMADR produced the below press release on the review on Japan. The report on the review is scheduled to be adopted by the Working Group on May 14th.

• IMADR's activities at the 7th Session of the Human Rights Council
  
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  2008.03.29



IMADR attended the UN Human Rights Council (HRC) 7th session (March 3-28, 2008) held in Geneva, and was engaged in the activities listed below, which are related to the HRC's topics for discussion including the elimination of Discrimination Based on Work and Descent, Rights of Minorities, the situation of minority groups in Japan and the humanitarian crisis in Sri Lanka.

• IMADR delivers statements at the Human Rights Council 7th session on the report and mandate of the Special Rapporteur on Racism
  
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  2008.03.25