www.debito.org

 

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


////////////////////////////////////////////////////////////////

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

 

Back to the Cover Page

"The Community" Page

Go to the "Residents Page"

Go to the "Activists Page"