FORWARDED ACTION

The specialist Council to the Justice Ministry of Japan has proposed to establish a National Human Rights Commission (HRC), but it is not clear if the new HRC will protect the human rights of LGBTI.

Please write your opinion to the Justice Ministry!

Summary of the problem

The specialist Council to the Justice Ministry of Japan released a report recommending a renewal to the Japanese official system of human rights protection. It proposed to establish a National Human Rights Commission. In the report, LGBTI issues are mentioned but only in the context that the Council would investigate the LGBTI issue to decide if the new HRC should recognize LGBTI as one of the categories to be protected.

Japanese LGBTIs continue to face serious violations of their human rights, so we believe that the new HRC must take positive action to provide protection.

You can help us by writing letters of opinion to the Japanese Justice Ministry.

Background

1. Specialist Council proposed to establish a national HRC

   Official systems of human rights protection in Japan have become very outdated and inadequate in solving recent complicated human rights violations and problems. So the Japanese Justice Ministry organized the Council for Human Rights Promotion, a specialist Council, to plan how to renew these systems.

   On November 28, 2000, the Council released its report which proposed the establishment of a National Human Rights Commission (HRC) which would be independent of the government to solve human rights problems and protect victims from cases of human rights violation. In this report, the Council stated that "sexual orientation etc." (meaning LGBTI) needs to be investigated further to decide whether it should be one of the targeted categories.

2. LGBTI issues were pointed out, but not clearly

   In the report, the Council clearly pointed out that the HRC must take positive action against human rights violations based on race, disability, health, sex, beliefs, social status and birth. Sexual orientation is not included in these "first-class" categories. Probably the Council perceives that "sexual orientation etc." is a "second-class" issue.

   We appreciate the Council for including the word "sexual orientation etc." in their report, but we are very concerned about the results of the Council investigation. If, after their investigation, the Council decides that positive action should not be taken by HRC against the violation of human rights based on "sexual orientation etc.", this will mean that LGBTIs will not be able to receive any support or assistance from the new HRC.

   In Japan, LGBTIs face many violations of their human rights; for example, abuse in the schools, being forced to quit work, landlords refusing to rent out, openly public displays of discrimination by the mass-media, and exclusion from public services. In general, discrimination against LGBTIs is not officially recognized as a violation of human rights (although recently the situation has changed a little; the Tokyo Metropolitan Government and some regional governments have come to recognize the existence of human rights issues based on sexual orientation and gender identity), so it is very difficult for LGBTIs to use judicial or administrative systems for protection.

   The Council says that the new HRC is especially necessary for those who, by themselves, have difficulty in settling cases of discrimination or abuse. The HRC is therefore very appropriate for LGBTIs.

Please write your letter of opinion to the Justice Ministry!

The Japanese Justice Ministry is now receiving civil opinions about the Council's report via fax. Please write your opinion about this issue and send it to the Ministry by January 19, 2001. In your letter please include these following points;

1. Please insist that the Council investigate the realities of human rights violations against LGBTIs.

   The Council has held hearings with NPO/NGOs for Buraku people, women and victims of crimes and others, but it has not provided the same opportunities for LGBTIs. This means that the report provides no description of the present state of discrimination and human rights violation against LBBTI people. The Council should do research about LGBTI issues and also give LGBTI NGO/NPOs opportunities for hearings.

2. Please urge the Council to include LGBTI as one of the target groups of the new HRC to take positive action to protect the human rights of LGBTI

   The Council only says that they will investigate LGBTI issues, despite also clearly stating that the new HRC will take positive action concerning other major human rights issues. This means that it recognizes LGBTI human rights issues as "second-class." The Council must recognize LGBTI as one of the target groups requiring positive action by the new HRC to protect their human rights.

3. Please urge the Council to make strong ties between the new HRC and NPO/NGOs working for the protection of human rights, especially for LGBTIs.

   In the Council's report, there is little description about the relationship between the new HRC and civil human rights organizations. In reality, civil organizations play a very important role in settling human rights violation cases in Japan, so the Council must recognize the importance of the roles of those organizations.

Again, the deadline for sending your letter of opinion letter is January 19. Please send your letter by fax or postal mail to the ministry. The fax number and postal address is as follows;

Address

Staff for Public Comments, The Council for Human Rights Promotion,
Human Rights Division, Ministry of Justice of Japan

Postal Address: 1-1-1 Kasumigaseki, Chiyoda-Ku, Tokyo 100-8977 Japan
Fax Number: +81-3-3592-7084

And please also send a copy of your letter to:

Japan Association for the Lesbian and Gay Movement (OCCUR)

E-mail: occur@kt.rim.or.jp
Fax: +81-3-3229-7880
Postal Address: 2nd floor, Ishikawa Bldg, 6-12-11 Honcho Nakano-ku, Tokyo
164-0012 Japan