JAPAN TIMES (2005) ON JAPAN'S FIRST HUMAN RIGHTS
ORDINANCE TO BAN RACIAL DISCRIMINATION AT THE LOCAL LEVEL
Tottori rights law a first but irks critics
The Japan Times: Oct. 13, 2005
Courtesy http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?nn20051013a1.htm
TOTTORI (Kyodo) The Tottori Prefectural Assembly
approved an ordinance Wednesday that the local government claims will protect
people from racial discrimination and other human rights violations but critics
say will allow authorities to employ rules arbitrarily to protect people in
power.
It is the first time a local government has introduced
such an ordinance. It may prime the pump for the human rights bill the central
government tried to push through the Diet earlier this year but put on hold
amid criticism over its potential to restrict media activities, among other
flaws.
"Having a regional human rights ordinance will
enable us to make meticulous judgments" on human rights issues, Tottori
Gov. Yoshihiro Katayama has said in explaining the ordinance.
But the Tottori Bar Association expressed concern over
what it calls the arbitrary nature of the ordinance, noting it is left up to
authorities to decide whether to disclose the names of rights abusers.
The ordinance will take effect June 1, 2006, and
remain in effect through March 2010.
It lists eight types of rights violations, including
racial discrimination, physical abuse, sexual harassment and slander.
The prefecture will establish a five-member committee
to deal with complaints about rights violations. When the panel receives a
complaint, it will investigate and may advise alleged violators to correct the
situation.
It will disclose the names of alleged violators if
they refuse to comply with its orders for no justifiable reason. Violators who
refuse to comply will face fines of up to 50,000 yen.
But if the offending party is an administrative
organization, it can refuse to cooperate if the head of the body decides that
disclosure would hamper crime prevention or an investigation.
Katayama submitted the ordinance last December, but it
was carried over to the current assembly session because of contentious points.
Some critics said the ordinance "excludes human
rights violations by administrative organizations."
"It is extremely likely that the ordinance will
lead to human rights violations by administrative organizations. It risks
violating the Constitution," the prefectural bar association said in a
statement.
Scholars and critics have also questioned the
independence of the five-member panel and expressed concern about the
ordinance's potential impact on freedom of expression.
The
Japan Times: Oct. 13, 2005
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COMMENT
FROM ARUDOU DEBITO:
Although
I haven't read the ordinance more closely, on the surface I think this is a
very positive step-as it specifically mentions "racial
discrimination", offers a system for investigation, has a nominal fine,
and threatens the violator with public exposure (which I think is generally a
good thing, actually). Yes, it seems to
give impunity to the administrative branch.
But it's a step in the right direction, and nobody can argue anymore
that it's never been done before in Japan…
My
question is why the time limit (until 2010) on the ordinance? Probably a compromise so that it can be withdrawn
if people think later it's faulty or gotten out of control. I hope that there will be no change of
administration by then which would it go unrenewed. Good on you, Governor Katayama.
Arudou Debito in Sapporo