Key Points
- The Japan NHRI Network (JCoN) has been established to advocate for the creation of a National Human Rights Institution in Japan, independent of the government.
- Advocates argue that Japan’s current systems, including the Ministry of Justice’s Human Rights Bureau and the courts, lack the independence and enforcement power required to address systemic human rights violations.
- The proposed institution would be based on the UN’s “Paris Principles,” providing investigation, education, and non-judicial remedies for victims of discrimination and rights abuses.
- JCoN aims to build public awareness and work with lawmakers to achieve the legislative establishment of an NHRI by 2028.
Full Transcript (English)
Host (Aoi Kamai): Good evening, everyone. This is the video podcast program “Breaking Borders” (Breboda). I am journalist Aoi Kamai. This program looks back at the week’s news across various borders and walls, from local to global, and explores what we can do together to find solutions. Tonight, due to the influence of Typhoon 25, I am recording from my home as a precaution. It is currently just before 7:30 PM. I was debating whether to do a live broadcast, but since it is raining heavily outside, I will provide this recorded update.
Host (Aoi Kamai): First, an update on Typhoon 25. According to the Fire and Disaster Management Agency, as of 3:00 PM, evacuation orders have been issued for approximately 775,000 households and 1.67 million people across Ibaraki, Chiba, Tokyo, Kanagawa, and Shizuoka prefectures. In Chiba Prefecture, as of 7:00 PM, specific areas in Kimitsu, Sodegaura, and Ichihara have issued high-level alerts. A Level 5 “Emergency Safety Assurance” has been issued for parts of Otaki Town. Please take immediate action to protect your lives. The Meteorological Agency has also issued a Level 5 “Special Warning for Landslide Disasters” for Oshima Town in the Izu Islands. Heavy rain and thunderstorms are expected to continue through late tonight. Please stay informed via your local government’s emergency information.
Host (Aoi Kamai): Now, for this week’s theme: “Why does Japan need a National Human Rights Institution (NHRI)?” In September, a new network was launched to call on the government to establish such an institution. I attended their inaugural press conference and would like to share the details with you. For those unfamiliar with the term, an NHRI is an institution established by domestic law to protect and promote human rights based on international standards.
Host (Aoi Kamai): According to Sanae Fujita of the University of Essex Human Rights Centre, who spoke at the conference, an NHRI must be independent of the government in its budget and organization. Its functions include investigating human rights violations, making recommendations to the government and Diet, providing human rights education, and cooperating with international organizations. Crucially, it can provide remedies through mediation or conciliation without going through the court system. Currently, there are 119 such institutions worldwide, including 26 in the Asia-Pacific region. While the UN has repeatedly urged Japan to establish one, it has yet to do so.
Guest (Yuichi Yamamoto): I am Yuichi Yamamoto, a lawyer and social worker, and the Secretary General of the Japan NHRI Network (JCoN). In 2022, during the review of the Japanese government’s report by the UN Human Rights Committee, several NGOs participated. Following that, we decided to start a study group on NHRIs. We were surprised by how many people were interested. As a lawyer for 16 years, I have felt strongly that there are many human rights issues that cannot be fully resolved through judicial procedures alone. This is not to say the courts are useless, but rather that human rights issues require a variety of remedy systems to truly support victims. JCoN is a cross-sector platform where various organizations and individuals can collaborate toward the common goal of establishing an NHRI based on the Paris Principles.
Guest (Katsunori Fujii): I am Katsunori Fujii, representing the Japan Disability Forum. On July 3, 2024, the Supreme Court issued a landmark ruling regarding the Eugenic Protection Law. While this was a turning point, it also opens a door to a new society. We are now discussing compensation and prevention of recurrence. One major theme that has emerged is the need for an NHRI. Consider Junko Iizuka, who filed a lawsuit; it took 25 years to reach a verdict. Furthermore, in the field of mental health, there are over 150,000 people hospitalized for over a year. Many cannot advocate for themselves. The government claims existing frameworks like the Ministry of Justice are sufficient, but the reality is that these problems have remained unchanged for decades. The UN Committee on the Rights of Persons with Disabilities recommended in 2022 that Japan establish an independent NHRI to move away from “paternalism” and treat people as full citizens.
Guest (Miwa Chiwaki): I am a former resident of Fukushima who evacuated due to the TEPCO Fukushima Daiichi nuclear accident following the 2011 earthquake. It has been 13 years, but the disaster is not over. The government and Fukushima Prefecture do not accurately track the number or status of evacuees. Many face poverty or housing instability as subsidies are cut. When I learned about NHRIs, it felt like seeing a lighthouse in a dark, stormy sea. Knowing that over half the world’s countries have such institutions gives me hope and energy.
Guest (JCoN Representative via Video): Our roadmap aims for the establishment of an NHRI by 2028. In 2026, we will focus on public awareness. In 2027, we will draft specific policy proposals for what a Japanese NHRI should look like. By 2028, we aim for legislation and establishment. Even after it is established, this network will continue to monitor and support the institution to ensure it functions effectively.
Guest (Yuichi Yamamoto): Regarding our strategy with lawmakers, we intend to move beyond simple “courtesy calls” at the Diet. We want to hold substantive study groups and opinion exchanges to ensure lawmakers understand the necessity of an NHRI. Our ultimate goal is a non-partisan parliamentary league. Regarding the Ministry of Justice’s Human Rights Bureau, the government often tells international bodies that this bureau serves as an NHRI. However, it lacks independence and the power of compulsory investigation. An NHRI established by law would have the authority to mandate responses and document production, which is a completely different level of function compared to what we have now.
Host (Aoi Kamai): Thank you for watching. As we saw, victims of the nuclear accident, people with disabilities, and many others feel that the current system fails them. I have also interviewed refugees and foreign workers who fall through the cracks of Japanese law. Having a third-party organization with actual power to investigate and provide remedies is essential. We at 8bitNews will continue to follow this movement as it moves toward the 2028 goal. Please look into NHRIs yourself and see how this might relate to issues you care about. Stay safe in the heavy rain, and I will see you next week.
