Report on the Organization of the System for Human Rights Remedies


May 25, 2001

Council on the Promotion of Human Rights Protection

Contents

Introduction
I. Issues and Process of the Deliberations
II. Actual Situations of Human Rights Violations and Remedies for Victims
1. Actual Situations of Human Rights Violations
2. Actual Situations of the Systems to Provide Remedies for Victims
(1) Human Rights Counseling as Well as the Investigation and Settlement of Cases of Human Rights Violations by the Human Rights Protection Organs of the Ministry of Justice
(2) Judicial Remedies and Different Types of Alternative Dispute Resolution (ADR)
3. Other Circumstances with Relevance to Human Rights Remedies
III. Roles to Be Played by the System for Human Rights Remedies
1. Approaches to the System for Human Rights Remedies
2. Specific Roles
(1) Comprehensive Counseling for All Types of Human Rights Violations and Summary Remedies through Conciliation, Guidance, etc.
(2) Pro-active Remedies for Victims Whose Cases May Not Be Resolved through Voluntary Measures
3. Other Matters
IV. Necessary Remedies in Each Human Rights Issue
1. Discrimination
(1) Actual Situations of Human Rights Violations and Remedies
(2) Necessary Remedies
2. Abuse and Ill-treatment
(1) Actual Situations of Human Rights Violations and Remedies
(2) Necessary Remedies
3. Human Rights Violations by the Public Authorities
(1) Actual Situations of Human Rights Violations and Remedies
(2) Necessary Remedies
4. Human Rights Violations by the Media
(1) Human Rights Violations by the Mass Media
(2) Human Rights Violations by Other Media
V. Development of the Methods to Provide Remedies
1. The Methods for Summary Remedies
(1) Counseling
(2) Conciliation, Guidance, etc.
2. The Methods for Pro-Active Remedies
(1) Mediation
(2) Arbitration
(3) Recommendation and publication thereof
(4) Assistance for Legal Action
(5) Methods of a Compulsory Nature for Certain Cases
3. Creation of the Atmosphere of Free Exchange of Opinions on Human Rights Issues
VI. Development of the Procedures and Powers for Investigation
VII. Development of the Organization of the Institution for Human Rights Remedies
1. Independence and Other Factors of the Institution for Human Rights Remedies
2. Nation-wide Organization of the Committee on Human Rights
3. Roles to Be Played by Human Rights Commissioners in the Provision of Human Rights Remedies
4. Factors to Be Borne in Mind on the Composition of the Committee on Human Rights
5. Collaboration with Other Bodies and Organizations Involved in Human Rights Remedies
(1) National Bodies
(2) Municipal Bodies
(3) Private Bodies
6. Other Mandates of the Committee on Human Rights


Introduction

It is now in the twenty-first century, which is called “the century of human rights?. The phrase signifies a far-reaching objective, that is the realization of human rights for all the humankind. At the same time, it reflects the aspiration of all the humankind that, in this century, ceaseless efforts that have ever been undertaken for the realization of human rights would be rewarded, blooming and fruiting all together.
Towards the goal, various efforts have been made by the United Nations and each state in the world since the previous century. Japan has also played its role in the international community for the realization of human rights, which should be strengthened further in the new century. Although there are many problems to be tackled and the road for the goal is hardly flat, we must follow the way with firm and stead steps. This is our responsibility and, only by fulfilling it in a sincere manner, we can take a leading position also in the field of human rights and occupy an honored place in the international community.
The realization of human rights means, first of all, building up a society where human rights are respected and human rights violations do not occur. For this purpose, human rights education and awareness-raising is obviously important. Unfortunately, however, various types of human rights violations are repeatedly occurring everywhere in reality, which makes it an important challenge to provide effective remedies for victims along with human rights education and awareness-raising.
In view of the fact that human rights are guaranteed in the Constitution, treaties and laws and judicially enforced, remedies for human rights violations should basically be provided by courts. When we look at the realities, however, courts have not necessarily provided effective remedies for many cases of different human rights violations that are occurring daily. While some aspects of the problem can be dealt with by reforming the existing court system, the court system has inherent limitations also. In order to improve remedies for human rights violations, therefore, it is crucial to consolidate administrative systems for human rights remedies, which is able to provide summary, prompt and flexible remedies from the perspective of victims, in addition to the reform of the judicial system to make it possible to provide judicial remedies for human rights violations as far as possible.
Such systems for human rights remedies can already be found in many countries. While having different mandates and methods to provide remedies, reflecting the actual situations of human rights violations in different countries, each of them has apparently achieved results. The present report aims to propose the establishment of a system for human rights remedies, which fits to our country, on the basis of the actual situations of human rights violations and the relevant systems to provide remedies for them. The system would supplement judicial remedies by promoting resolution of conflict without the involvement of courts through the methods of alternative conflict resolution, while at the same time assisting victims in obtaining judicial remedies. It would need to function as a focal point of remedies for all types of human rights violations, showing how victims can get appropriate remedies. It should also work to promote awareness-raising of the general public as well as to educate individual perpetrators. In view of these functions, it is necessary to authorize this Institution for Human Rights Remedies to have appropriate methods to provide remedies as well as powers to investigate cases to the degree strictly necessary for effective remedies. It should be independent from the general administration, neutral and impartial in performing its functions and equipped with improved and consolidated organizational structures.
The beginning of the new century will not reduce the speed of a moving and changing society and, along with the movement and change, new problems will emerge one after another in the field of human rights. The proposal in the present report for the establishment of a system for human rights remedies, on the basis of different aspects of the existing human rights violations, is not more than a minimum framework that is necessary at the present stage. In order to ensure the effectiveness of the system and respond to new problems emerging in the field of human rights, it will be necessary to evaluate the system on a regular basis and explore how it can be developed. We would like to conclude the Introduction by stating that a review will continue to be necessary from a broad perspective, together with a variety of the existing systems for remedies.
I. Issues and Process of the Deliberations

1. Having presented its report in July 1999 on how human rights education and awareness-raising should be organized, in response to the Referral No.1, the Council on the Promotion of Human Rights Protection (hereafter referred to as “the Council?) has undertaken full-scale study and deliberations on “the basic issues concerning the improvement of the policies with regard to remedies for victims in case of human rights violations? (Referral No.2) since September 1999.
The mandate of the Council under the Referral No.2 was to make proposals on basic mechanisms for administrative remedies for human rights, in other words the organization of the system for human rights remedies, with a view to improving the policies on remedies for victims in light of the efforts undertaken by Human Rights Protection Organs of the Ministry of Justice in this regard. In particular, it was asked to indicate how a new system for human rights remedies should be organized, taking into consideration the actual situations of human rights violations and remedies for them in our country as well as international trends including initiatives in other countries.

2. In response to the referral, the Council had established a preparatory committee for the consideration of the system for human rights remedies in March 1998, in order to initiate basic research on initiatives on human rights remedies in other countries and systems for alternative dispute resolution (ADR) in our country. Since September 1999, when the Council started full-scale deliberations for the Referral No.2, it had sought to gain a better understanding of the actual situations of human rights violations and remedies for them, including through hearing from relevant organizations involved in different human rights issues as well as being briefed over different systems providing remedies by the relevant public authorities. Furthermore, it undertook research in four countries in North America and Europe to have a wider understanding of initiatives in other countries to provide human rights remedies.
Since April 2000, the Council had developed a framework for discussion, taking into consideration the outcomes of the basic research, on the basis of the following four pillars: the principles and coverage of remedies; methods for providing remedies; procedures and powers for investigation; and the organization of the institution to provide remedies. The Council has been involved in the discussion on the basis of this framework since September 2000 and, in order to obtain a wide range of views of the general public, made public the preliminary conclusions in November 2000. The Council has continued careful deliberations since February 2001, taking into consideration a diversity of views from various sectors, and finalized the present report.

3. The Council defined “remedies? to be provided by the relevant systems in a broader sense, which includes not only the elimination of human rights violations and restitutions after they had occurred, but also the prevention of human rights violations when they are likely to occur as well as the prevention of reoccurrence after they had occurred. Since restitutions are not easy once human rights had been violated, and since human rights violations often occur on a continuous basis or in a collective manner against the background of contributing practices, the prevention of violations before they occur is considered as significant part of remedies. From this perspective, it also constitutes important part of remedies to raise perpetuators' awareness of respect for human rights (individual awareness-raising) in order to promote voluntary restitutions and to prevent the reoccurrence of such violations.
Of course, remedies in this context are different from general awareness-raising activities, designed to promote and enhance the philosophy of respect for human rights. However, human rights remedies as reactionary measures and human rights awareness-raising as preventive measures are two sets of wheels of a vehicle in the administration of human rights protection, which aims to realize a society where human rights are respected. It should be borne in mind that both measures cannot be truly effective unless they are promoted at the same time while maintaining mutually contributing relationships.

4. Turning our eyes to international trends in human rights remedies, it is noted that, in addition to the activities by different human rights treaty bodies and the initiatives within the regional frameworks of human rights protection, such as in Europe, more and more initiatives have been devoted in recent years to the development of national human rights institutions, important part of their functions being the provision of human rights remedies. “Principles relating to the status of national institutions? (what is called “the Paris Principles?), adopted by the United Nations (hereafter referred to as “UN?), and National Human Rights Institutions: A Handbook on the Establishment and Strengthening of National Institutions for the Promotion and Protection of Human Rights, prepared by UN Centre for Human Rights, provide guidelines and models for the development of national human rights institutions and constitute invaluable points of reference, along with practices in other countries, in considering how the system for human rights remedies should be organized in our country. The Council has taken good account of these international trends in the process of the deliberations.
II. Actual Situations of Human Rights Violations and Remedies for Victims
1. Actual Situations of Human Rights Violations

In the previous report in response to the Referral No.2 (Chapter 1. 1 on “Actual Situation of Human Rights?), the Council revealed its understanding of the actual situations of human rights violations against women, children, the elderly, persons with disabilities, the Dowa people, the Ainu people, foreigners, persons infected with HIV and patients of Hansen's Disease, persons released from prison after the completion of their terms, victims of crime and others, with a view to providing the basis for considering how human rights education and awareness-raising should be organized. Since September 1999, when the Council started full-scale deliberations on the Referral No.2, it had sought to gain a better understanding of the actual situations of human rights violations and the existing remedies for them, including through hearing from relevant organizations as well as being briefed by the relevant public authorities, with a view to considering how systems for human rights remedies should be organized.
Human rights, which enable people to secure survival and freedom and to pursue happiness, are inherent rights founded on human dignity. While human rights have been developed historically as deterrents against unjust violations by the State and other public authorities, today, not only human rights violations by the public authorities but also those between private persons have come to be recognized as serious problems in society, as is obvious in broad and diverse cases of discrimination as well as abuse and ill-treatment. Under Article 2 of the Promotion of Policies for Human Rights Protection Act, the State is responsible for the promotion of policies to provide remedies for victims of human rights violations between private persons.
When we look at the general situations of human rights violations in our country, having this in mind, we can see that cases of discrimination as well as abuse and ill-treatment, whoever are involved in them, stand out as distinct problems. Problems in this regard between private persons include the following.
  • In connection with discrimination, there are: discriminatory treatment in employment against women, the elderly, persons with disabilities, the Dowa people, the Ainu people, foreigners and persons infected with HIV and gays and lesbians; discriminatory treatment against patients of Hansen's disease, foreigners in the provision of commodities, services and facilities; discrimination against the Dowa people and the Ainu people in marriage and steady relationships; sexual harassment; harassment against the Ainu people, foreigners and gays and lesbians; and discriminatory expressions against the Dowa people, foreigners and gays and lesbians.
  • In connection with abuse and ill-treatment, there are: violence against women by husbands and partners as well as stalkers; abuse against children, the elderly and persons with disabilities at home and institutions; corporal punishment at school; and bullying at school and workplace. Since these problems are likely to be hidden due to their nature, there are many cases that have become serious.
Secondly, when we turn our eyes to human rights violations by the public authorities, which have been and are impossible to be disregarded, there are problems basically similar to those between private parties, including discriminatory treatment and ill-treatment in various national and public entities, as well as specific problems including violence and other types of ill-treatment during investigative procedures and in detention and custodial facilities. There are many other types of human rights violations by the public authorities, such as human rights violations through illegal administrative dispositions and so-called false accusations as well as pollutions and drug-induced disorders involving the national authorities.
Human rights violations by the mass media have become social problems in recent years, such as: infringement on privacy of crime victims and other persons through reporting; libel; and infringement on peaceful private life through excessive coverage. In addition to these, there are human rights violations through the use of other media, including the dissemination of discriminatory expressions and infringement on privacy of accused juveniles through the abuse of Internet.
There are other types of problems, such as wrongful disposition of property of the elderly and persons with disabilities by family members and other persons as well as violations of property rights through malicious door-to-door sales and other forms of fraudulent business.
2. Actual Situations of the Systems to Provide Remedies for Victims

Through the provision of human rights counseling, covering human rights violations in general, as well as the investigation and settlement of cases of human rights violations, the Human Rights Protection Organs of the Ministry of Justice play a certain role in providing remedies for victims of human rights violations. They have, however, limitations in the effectiveness of such remedies in practice. While there are other systems to provide remedies for victims, including the judicial machinery, as an ultimate measure of conflict resolution, and various types of systems for alternative dispute resolution (ADR) by administrative bodies and private organizations, they also have a certain degree of restrictions and limitations in terms of the provision of effective remedies.
(1) Human Rights Counseling as Well as the Investigation and Settlement of Cases of Human Rights Violations by the Human Rights Protection Organs of the Ministry of Justice

1. The Human Rights Protection Organs of the Ministry of Justice are composed of the Human Rights Protection Bureau of the Ministry of Justice, its subordinate bodies (the human rights protection units of the Ministry's Regional and District Legal Affairs Bureaus and the staff in charge of human rights protection at the Ministry's Branch Bureaus) and approximately 14,000 Human Rights Commissioners who are placed in each municipality. They have sought to provide easy, prompt and flexible remedies for victims of human rights violations, through providing human rights counseling as well as investigating and settling cases of human rights violations. In 2000, they provided human rights counseling in approximately 650,000 cases and dealt with approximately 17,000 cases of human rights violations.
The investigation and settlement of cases of human rights violations is based on the internal regulations, contained in an order of the Minister of Justice. It is designed to confirm whether human rights violations have actually occurred, through investigation on a voluntary basis, and, if it was determined so, attempt to settle the cases exclusively through voluntary measures, such as recommendations or instructions to educate perpetrators, urging the elimination of conditions that lead to human rights violations or the prevention of the reoccurrence. Since this system is not restricted to particular types of human rights violations, it can respond in a flexible manner to emerging cases of human rights violations. The soft approach, focusing on educative measures against perpetrators, has achieved a certain degree of effectiveness.
2. On the other hand, the Human Rights Organs have the following limitations and problems in terms of the effectiveness of remedies.
  • Since they depend exclusively on voluntary investigation, non-cooperation from alleged perpetrators or other parties concerned would result in obstacles to the investigation, leading to difficulties in confirming whether human rights violations have actually occurred.
  • Since they depend exclusively on voluntary measures of an educative nature, they do not function effectively when the perpetrators cannot be expected to take voluntary steps to provide remedies for victims, for example, when they have acted with conviction.
  • Since they are established under the Human Rights Protection Bureau of the Ministry of Justice, which is an internal section of the Government, there is no institutional guarantee that fair investigation and settlement are ensured in cases involving human rights violations by the public authorities.
  • Human resources are limited both in qualitative and quantitative terms, which may lead to difficulties in specialized responses or prompt investigation and settlement.
  • As a result of these problems, it is difficult to say that the general public places high level of trust in the system.
(2) Judicial Remedies and Different Types of Alternative Dispute Resolution (ADR)

(a) Judicial Remedies

With regard to the judicial system, the Council for the Reform of the Judicial System is currently considering the ways to make it friendlier to the general public and the present Council looks forward to its outcomes. However, the judicial system has certain limitations including the following. First, due to the facts that litigations, which constitute the main part of the system, essentially require strict procedures because they provide the final determination of rights and obligations on the basis of law and evidence (openness, formalities, etc.) and that available remedies are limited under the current tort law (mainly ex post facto compensations), it is sometimes difficult to provide summary and prompt or flexible remedies according to specific circumstances. Second, while victims whose rights have been violated must file complaints and lead the procedures in order to benefit from judicial proceedings, some victims, including those who have been discriminated or abused, are discouraged to do so because of the consideration for their own social status or power imbalance with the perpetrators. Even if they attempt to take legal action, many of them are forced to give up due to the heavy burden in collecting evidence and leading the procedures. There are even some victims who are not sufficiently aware of their victimization. Those victims are thus placed in circumstances making it difficult for them to benefit from judicial proceedings on their own initiative.

(b) Different Types of Alternative Dispute Resolution (ADR)

In certain fields such as labour issues, pollution and child abuse, systems of alternative dispute resolution (ADR) and special mechanisms for the protection of victims have been established to supplement the judicial system as an ultimate measure of conflict resolution. Also, public and private organizations and bodies make efforts to protect victims in various fields. While each of these mechanisms functions to provide remedies for victims, some of them are pointed out to have limitations and problems in terms of their effectiveness, which have led to efforts for improvement. They do not cover all the areas where remedies should be provided, because they have not been established with a view to providing comprehensive remedies for human rights.
3. Other Circumstances with Relevance to Human Rights Remedies

1. In its proposal on “Basic Strategies in the Future for the Early Settlement of the Dowa Issue? in May 1996, which was one of the factors that led to the establishment of the present Council, the Council on the Policy for Regional Improvement recommended the initiative to pursue the fullest consideration for the establishment of the system to provide remedies for human rights violations, which are suitable for the twenty-first century, taking into consideration international trends including initiatives in other countries. The Fundamental Law for Common Participation of Men and Women in Society, enacted in June 1999, stipulates that the State is obliged to take necessary measures to provide remedies for the victimization from human rights violations including through gender discrimination (Article 17); the Human Rights Protection Organs of the Ministry of Justice are expected to be primary bodies to perform such functions.
2. In its concluding observations on the report of Japan, issued in November 1998, the Human Rights Committee recommended that an independent mechanism for investigating complaints of violations of human rights should be set up and that, in particular, an independent body or authority, to which complaints of ill-treatment by the police and immigration officials can be addressed for investigation and redress, should be set up. The Committee on the Rights of the Child, established under the Convention on the Rights of the Child, also recommended in its concluding observations (issued in June 1998) on the report of Japan to take necessary steps to establish an independent monitoring mechanism. Furthermore, the Committee on the Elimination of Racial Discrimination, established under the ICERD, recommended in its concluding observations (issued in March 2001) on the report of Japan to consider the full implementation of the provisions of the Convention within the country.
III. Roles to Be Played by the System for Human Rights Remedies

 1. Approaches to the System for Human Rights Remedies

In light of the actual situations of human rights violations as well as systems to provide remedies for victims, in particular certain restrictions of the judicial system as an ultimate measure of conflict resolution, it is necessary to develop the system for human rights remedies in the field of administrative human rights protection, benefiting from a summary, flexible and prompt nature and other characteristics of the administration, in order to meet wide-spread demands for human rights remedies today. In other words, the system for human rights remedies should be considered as a general and overarching one, which would supplement the judicial remedies as ultimate measures of conflict resolution and respond to the needs unmet so far, primarily through the methodologies of alternative conflict resolution that are summary, prompt, easy to use and able to provide flexible remedies from the perspective of victims.
In the fields where individual systems had been established to provide administrative remedies for victims through specialized institutions, such as Prefectural Labour Bureaus (Offices of Equal Employment Opportunities) and Mediation Boards of Equal Opportunities, concerned with discrimination against women in employment, and Child Guidance Centers concerned with child abuse, there should be appropriate assignment of the roles between the institutions concerned and the Institution for Human Rights Remedies. While the former should play primary roles to provide remedies in these fields and the latter should limit itself to giving necessary cooperation in collaboration with them, the Institution for Human Rights Remedies may take the initiative in certain cases that may be difficult to be solved by the former. There should also be proper assignment of the roles between the Institution and different administrative complaint procedures and criminal procedures.
2. Specific Roles
(1) Comprehensive Counseling for All Types of Human Rights Violations and Summary Remedies through Conciliation, Guidance, etc.

As has been done by the Human Rights Organs of the Ministry of Justice, the system for human rights remedies should cover all types of human rights violations, providing general counseling as well as summary remedies exclusively through voluntary measures such as conciliation, guidance, etc.
1. Counseling is an effective method for providing remedies in itself, which may prevent the occurrence and deterioration of human rights violations and facilitate voluntary resolution of conflict over human rights violations through appropriate advice. At the same time, it is a very important tool functioning as an introduction to more full-scale remedial procedures as well as a gatekeeper that provides information on or refers cases to other systems for remedies when it is appropriate to do so. The system for human rights remedies, therefore, should provide comprehensive counseling service that covers all types of human rights violations.
2. It is necessary to maintain and improve the remedies exclusively through voluntary measures, such as conciliation or guidance through educative measures, without the power to undertake compulsory investigation. These measures will make it possible to provide summary, prompt and flexible remedies for a wide range of human rights violations, not limiting themselves to particular types of cases.
(2) Pro-active Remedies for Victims Whose Cases May Not Be Resolved through Voluntary Measures

With regard to those who are placed in circumstances making it generally difficult for them to protect their own human rights, including victims of discrimination or abuse and ill-treatment, it is necessary to develop more effective investigation procedures and remedial measures in order to pursue pro-active remedies (hereafter, “pro-active remedies? refer to the effective remedies in this sense).
1. Judicial remedies have certain limitations, including that they cannot function in an effective manner for those victims who are placed in circumstances making it difficult for them, for various reasons, to benefit from judicial proceedings on their own initiative (see II. 2. (2)(a) of the present report). This typically applies to victims of discrimination or abuse and ill-treatment in general. Many of these victims are discouraged to file complaints because of the consideration for their own social status or power imbalance with the perpetrators or, even if they attempt to do so, are forced to give up due to the heavy burden in collecting evidence and leading the legal procedures, being compelled to accept violations in silence. There are even some victims who are not sufficiently aware of their victimization. All of these factors lead to the covert nature of victimization, which in turn results in the possibility of more human rights violations of the same kind. Therefore it is necessary to provide pro-active remedies for those who are placed in circumstances making it difficult for them to protect their own human rights, particularly victims of discrimination or abuse and ill-treatment.
2. In the previous report (Chapter 1. 1 on “Actual Situation of Human Rights?), the Council identified human rights concerns with regard to women, children and other categories of victims. However, it is not appropriate to consider them categorically as vulnerable groups on the basis of their characteristics. Rather, it is reasonable to focus on types of human rights violations, such as discrimination or abuse and ill-treatment, which generally place victims in circumstances making it difficult for them to protect their own human rights, with a view to providing pro-active remedies for them.
3. With regard to types of human rights violations to be covered through pro-active remedies, it is necessary to define as clearly as possible what types of discrimination or abuse and ill-treatment are covered, in order to ensure the predictability for perpetrators and other parties, because the procedures may restrict their human rights in a sense.
4. Pro-active remedies should be provided to cases of human rights violations, primarily of discrimination or abuse and ill-treatment, which have more urgent needs for remedies and with which the Institution for Human Rights Remedies could be effectively involved. Furthermore, it is necessary to devise mechanisms which can provide pro-active remedies in a prompt and flexible manner with regard to cases that do not fall within particular categories such as discrimination or abuse and ill-treatment but cannot be forgone from the viewpoint of human rights protection. In considering what should be covered through pro-active remedies, attention should be paid so that the effectiveness of the Institution for Human Rights Remedies is not hampered by the dispersion of its human and material resources and that interference into individual lives is not expanded unnecessarily.
3. Other Matters

The Institution for Human Rights Remedies should seek to increase the confidence of the public by reinforcing the openness and transparency of its activities and fulfilling its accountability. It should also pay attention to privacy of the concerned parties in investigating and settling specific cases.

 IV. Necessary Remedies in Each Human Rights Issue

Bearing in mind the roles to be played by the system for human rights remedies, described in Chapter III, we would discuss pro-active and other necessary remedies in each human rights issue referred to in Chapter II.1, starting with the issues of discrimination as well as abuse and ill-treatment, which stand out in our country.
1. Discrimination

Discriminatory treatment in social life on the ground of race, creed, sex, social status, family origin, disability, disease, sexual orientation and other factors should be included in the coverage of pro-active remedies through such methods as mediation, arbitration, recommendation and publication thereof and assistance for legal action. Appropriate remedies should be provided for cases of discriminatory expressions according to its content, degree and type.
(1) Actual Situations of Human Rights Violations and Remedies

1. As has been mentioned above, there are: discriminatory treatment in employment against women, the elderly, persons with disabilities, the Dowa people, the Ainu people, foreigners and persons infected with HIV and gays and lesbians; discriminatory treatment against patients of Hansen's disease and foreigners in the provision of commodities, services and facilities; discrimination against the Dowa people and the Ainu people in marriage and steady relationships; sexual harassment; harassment against the Ainu people, foreigners and gays and lesbians; and discriminatory expressions against the Dowa people, foreigners and gays and lesbians.
2. Among these problems, discriminatory treatment is prohibited by law in each field such as employment and various public programmes. In some fields, however, law does not have explicit provisions against discrimination between private persons, including discrimination on the ground of social status in recruitment and employment as well as discriminatory treatment in the provision of commodities, services and facilities in general industries. This leads to lack of clarity in terms of what constitutes illegal discrimination.
3. Furthermore, it is difficult for victims to file complaints in order to obtain judicial remedies for these kinds of discrimination because, generally, it bears heavily on victims to collect evidence to prove the discriminatory and unreasonable nature of the different treatment. Victims are also placed in an inferior position to the perpetrators in employment and other ongoing relationships; they are also concerned with the possible deterioration of relationships with them.
4. Administrative initiatives have been undertaken against discrimination in employment, including assistance for conflict resolution by the Director of the Prefectural Labour Bureau under the Ministry of Health, Welfare and Labour, mediation by the Mediation Board of Equal Opportunities as well as guidance, advice and improvement orders by the Minister of Health, Welfare and Labour (the Director of the Public Employment Security Office) concerning restrictions on the collection of private information in recruitment and other practices.
(2) Necessary Remedies

(a) Discriminatory Treatment

a. The Coverage of Remedies

While pro-active remedies should be provided in general for cases of discriminatory treatment, it is necessary to clarify what constitutes discriminatory treatment that should be covered by such measures.
1. In light of the problematic circumstances mentioned above as well as the objectives of Article 14.1 of the Constitution and Articles 1 and 5, inter alia, of the ICERD, which provide for non-discrimination, pro-active remedies should be provided, basically, for cases of discriminatory treatment in social life on the ground of race, color, national or ethnic origin, creed, sex, social status, descent, disability, disease, sexual orientation and other factors. In addition to cases which occur in the relationship with the public authorities, cases between private persons in employment, in the provision of commodities, services and facilities and in education should also be covered.
2. With regard to discrimination against persons who are of a certain age or older, it is difficult to provide pro-active remedies for such cases because there is not clear-cut definition of unacceptable discrimination, in view of the existing employment practices based on the age including the mandatory retirement system. On the other hand, it is appropriate to provide individual remedies on a case-by-case basis when there are cases that cannot be disregarded in terms of human rights protection, for example, in terms of access to rental housing.
3. With regard to cases of discrimination in marriage and steady relationships, first of all, it is necessary to enhance general awareness-raising activities in light of the importance of this issue. Furthermore, concrete cases should be dealt with through conciliation, guidance and other measures of a voluntary nature, with a view to promoting voluntary conflict resolution among the parties concerned or providing persistent education for them. Pro-active remedies shall be provided for cases of harassment or insult for the purpose of disrupting marriage and steady relationships (see the next paragraph and paragraph 1 of (b) in the present part). Appropriate initiatives should be undertaken against investigation of one's background leading to such discrimination, including through guidance to the parties concerned.
4. Likewise, pro-active remedies should be provided for cases of sexual harassment as well as other types of harassment concerning race, national origin and social status.

b. Methods to Provide Remedies

1. In the above-mentioned cases of discriminatory treatment which should be covered by pro-active remedies, effective methods may include: mediation and arbitration on the basis of the agreement of the parties concerned; recommendation and publication thereof; and, when these methods do not work, assistance for legal action.
2. Since these remedies have only limited impact when they are provided after cases of discrimination have occurred, mechanisms should be introduced to ensure the effective prevention of discriminatory treatment when there is clear danger of discriminatory treatment against an indefinite or large number of individuals, for example when an enterprise has made public discriminatory business policies, and when settlement could not have been achieved through the methods other than assistance for legal action. In such cases, the Institution for Human Rights Remedies should be involved in an active manner, not waiting litigation by victims after the victimization has actually occurred. The methods should be invented for the active involvement of the Institution for Human Rights Remedies (see V. 2 (5) of the present report).

(b) Discriminatory Expressions

1. Among various types of discriminatory expressions, cases of insult or libel against particular individuals should be addressed through pro-active remedies in similar methods to those for cases of discriminatory treatment.
2. Acts of expression that make public exhibition of information on the race, national origin, social status or other attributes of an indefinite or large number of individuals, such as the publication of the so-called Comprehensive List of Buraku Communities (translators note: see footnote 4) or the exhibition of the same kind of information on the Internet, are extremely difficult for individuals to deal with in an effective manner legally or as a matter of fact, in spite of their likelihood of fostering or inducing discrimination. When these cases have occurred and settlement could not have been achieved through the methods other than assistance for legal action, which does not work in these cases, the Institution for Human Rights Remedies should be involved in an active manner to suppress or delete these expressions, similarly with the cases mentioned in paragraph 2 of (a) b. of the present part. The mechanisms and methods should be invented for the active involvement of the Institution for Human Rights (see IV. 2 (5) of the present report).
3. It is necessary to respond appropriately to cases of defamation against groups (expression denigrating or slandering particular groups which are made distinct by race, national origin, social status or other factors), some of which cannot be disregarded in terms of human rights protection because they may offend human dignity of the concerned individuals or amplify discriminatory attitudes against particular groups. In responding to cases of defamation against groups, it is necessary to take into consideration their varying contents, degrees and types.
  • Cases of defamation against groups that can be regarded as individual human rights violations (for example, insult or libel against a large number of people belonging to the concerned groups in particular workplaces or communities) should be treated in the same manner with cases of discriminatory expressions that constitute insult or libel against particular individuals.
  • Other types of defamation against groups should also be dealt with in an appropriate manner, paying attention to freedom of expression guaranteed under the Constitution and bearing in mind their contents, degrees and types, possibly through such measures as the expression of views or individual guidance to the perpetrators by the Institution for Human Rights Remedies.

2. Abuse and Ill-treatment

Pro-active remedies should also be provided for cases of abuse and ill-treatment, which occur in relationships with de jure or de facto imbalance of power between perpetrators and victims, through such methods as conciliation, arbitration, recommendation and publication thereof and assistance for legal action as well as through arrangements for early detection.

(1) Actual Situations of Human Rights Violations and Remedies

1. As has been indicated above, there are: violence against women by husbands and partners as well as stalkers; abuse against children, the elderly and persons with disabilities at home and institutions; corporal punishment at school; and bullying at school and workplace. Many of these cases have become serious.
2. While most cases of abuse and ill-treatment usually constitute crime, criminal control have not always worked effectively due to the facts that the police and other authorities have taken cautious attitude towards domestic problems, in accordance with the principle of non-interference in familial matters, and that many victims are placed in circumstances making them impossible to express clear wish for punishment of the perpetrators. Cases of violence against women as well as abuse of children, the elderly and persons with disabilities, who are often victimized by their guardians, are likely to be hidden because of their behind-the-door nature, power imbalance between victims and perpetrators and the weak position of victims, which has led to further deterioration of the problems.
3. In the recent years, the problem of violence against women has been addressed partly through the enactment of the Stalker Control Act, which criminalized stalking and led to the consolidation of administrative responses. Furthermore, the Spousal Violence Prevention Act was enacted and arrangements for the protection of victims were made, including through the introduction of protection orders and the establishment of Spousal Violence Counseling and Support Centers (whose functions shall be performed primarily through Women's Consultation Offices). With regard to child abuse and neglect, the enactment of the Child Abuse Prevention Act reinforced responses by the Child Guidance Centers stipulated under the Child Welfare Law. In the administrative field, the police have initiated pro-active measures to protect women and children. In addition to supervision provided by prefectural governors, cases of abuse and ill-treatment in different institutions have begun to be addressed by ombudsman offices established in some municipalities.

(2) Necessary Remedies

1. As has been mentioned above, legislative and administrative measures have been taken to address the issue of abuse and ill-treatment to a certain degree. Since sufficient efforts have not been taken in some fields, however, the system for human rights remedies is required to provide pro-active remedies for these cases. In order to do so, it is necessary to make clear what constitutes abuse and ill-treatment that should be covered through such remedies.
  • In light of the problematic circumstances mentioned above as well as the definitions in the Child Abuse Prevention Act, pro-active remedies should be provided for cases of abuse and ill-treatment which occur in de jure or de facto power imbalance between perpetrators and victims, including physical, sexual and psychological abuse as well as neglect (when the perpetrator has the obligation to provide care and protection), directed at someone in a relatively inferior position, such as women, children, the elderly or persons with disabilities, at home, institutions, workplace or other places. Corporal punishment at school and bullying at school and workplace may sometimes be included.
2. In the same way with cases of discrimination, such methods as mediation, arbitration, recommendation and publication thereof as well as assistance for legal action should also be developed for cases of abuse and ill-treatment. In addition, the Institution for Human Rights Remedies should seek for the early detection of these cases as well as protection of and support for victims, in collaboration with the relevant bodies.
  • Since cases of abuse and ill-treatment are likely to be hidden and become serious, the Institution for Human Rights should attempt to identify these cases at an early stage through home visit as well as collaboration with voluntary case workers and other volunteers. Since cases of abuse against persons with disabilities and the elderly are sometimes not identified earlier because of difficulties in communicating with others, it is necessary to find ways to ensure communication with these persons.
Early detection is more important when infants and young children are abused by their guardians, because they cannot express their will and thus cannot be expected to seek for remedies themselves. While comprehensive measures should be considered by the Government to tackle the issue of abuse of infants and young children, the Institution of Human Rights Remedies should provide appropriate positive responses to cases of abuse that have come to its knowledge, cooperating in an appropriate manner with the relevant bodies.
  • It is important to provide curative counseling for victims of abuse and ill-treatment. It is often necessary, too, to provide counseling for the perpetrators as well in order to prevent the reoccurrence. In light of the expertise required for the provision of counseling, including the knowledge of psychology, the Institution for Human Rights Remedies should take into consideration the initiatives undertaken by public and private organizations, with a view to collaborating and cooperating with them. Collaboration and cooperation with public and private organizations is also necessary to provide support for living for victims.
3. Infringement on the right to property of the elderly and persons with disabilities by family members or door-to-door salespersons has problems in common with cases of abuse and ill-treatment, such as the behind-the-door nature, communication difficulties of victims and the tendency to be hidden due to lack of awareness of the victimization. The Institution for Human Rights Remedies should also pay attention to these cases in the initiatives for early detection of abuse and ill-treatment, with a view to preventing further victimization and protecting victims through voluntary measures such as arbitration and guidance. At the same time, it should take other necessary measures, including initiating criminal procedures through accusation when appropriate.
3. Human Rights Violations by the Public Authorities

In case of human rights violations by the public authorities, pro-active remedies should be provided for the above-mentioned cases of discrimination as well as abuse and ill-treatment through mediation, arbitration, recommendation and publication thereof and assistance for legal action.

(1) Actual Situations of Human Rights Violations and Remedies

1. As has been indicated above, human rights violations by the public authorities include problems basically similar to those between private parties, including discriminatory treatment and ill-treatment in various national and public entities, as well as specific problems including violence and other types of ill-treatment during investigative procedures and in detention and custodial facilities. There are many other types of human rights violations by the public authorities, such as human rights violations through illegal administrative dispositions and so-called false accusations as well as pollutions and drug-induced disorders involving the national authorities.
2. Remedies for administrative dispositions can be obtained through general or separate procedures for administrative appeal complaints. Ill-treatment during investigation procedures and in detention an custodial facilities can be addressed through criminal procedures, including the application for committing a case to a court for trial, as well as internal inspection, surveillance and complaint mechanisms.

(2) Necessary Remedies

Needless to say, the issue of human rights violations by the public authorities has been and is a very important problem to be tackled.
First of all, it is even more necessary than cases of discrimination or abuse and ill-treatment between private persons to provide remedies for victims of discrimination or abuse and ill-treatment, who are generally placed in circumstances making it difficult for them to protect their own human rights. In its concluding observations, the Human Rights Committee recommended the establishment of an independent body to provide remedies for these kinds of human rights violations in particular. In view of these factors, pro-active remedies should be provided for cases of discrimination as well as abuse and ill-treatment by the public authorities through such methods as conciliation, arbitration, recommendation and publication thereof and assistance, paying attention to the relationship with other procedures.
With regard to other types of human rights violations by the public authorities, it should be borne in mind that general or separate appeal procedures are available for different types of administrative dispositions. Also, the Institution for Human Rights Remedies is not in an appropriate position to deal with a wide range of issues such as false accusations or pollutions and drug-induced disorders, in terms of reasonable assignment of roles with the relevant systems as well as the roles expected to be played by the Institution. Therefore, these cases should not be automatically covered through pro-active remedies; when there are cases that cannot be disregarded in terms of human rights protection, individual remedies should be sought for on a case-by-case basis (see paragraph 4 of Chapter III, 2 (2)).
4. Human Rights Violations by the Media

(1) Human Rights Violations by the Mass Media

Human rights violations by the mass media should be addressed through self-regulations by themselves in the first place and the Council would request the improvement and reinforcement of such measures. However, pro-active remedies should be provided, through mediation, arbitration, recommendation and publication thereof and assistance for legal action, for cases of infringement on privacy of crime victims and other persons through reporting.
(a) Actual Situations of Human Rights Violations and Remedies

1. There are such problems as infringement on privacy through reporting, libel and infringement on peaceful private life through excessive coverage.
In particular, infringement on privacy of crime victims and their family members through reporting and excessive coverage has brought about serious victimization, sometimes called “second victimization?. The same holds true for family members of the accused and the names of accused juveniles have been reported in some cases. Because of their circumstances, it is difficult for these persons to complain on their own. When they attempt to bring suits, they are forced to give up in many cases due to the heavy burden in initiating and leading the legal procedures, being compelled to accept violations in silence.
2. With regard to newspapers, magazines and other printed media, the responses are left for self-regulations by each enterprise. Some newspapers have established independent mechanisms to deal with complaints. With regard to broadcasting, on-air corrections are required by law and broadcasting stations established Broadcast and Human Rights/Other Related Rights Organization (BRO) as a common voluntary mechanism to deal with complaints.
(b) Necessary Remedies

a. Self-Regulations

The Council would request the reinforcement and vigorous implementation of self-regulations by the printed media, including through ensuring independence and transparency, as well as the further improvement of BRO by the broadcasting industry.
1. The mass media assumes grave responsibilities for its activities, in view of the facts that it is a foundation of democracy, that it enjoys freedom of expression and press well guaranteed under the Constitution and that it has major influence. The mass media has fulfilled part of these responsibilities through the contribution to the protection of human rights by shedding light on different issues involving human rights violations.
In view of such status occupied by the mass media, human rights violations by the mass media should first be addressed through its voluntary responses, including the reinforcement of preventive efforts in the process of reporting and information-gathering and the establishment or consolidation of effective complaint mechanisms.
2. While newspapers and magazines have made certain efforts, including the establishment of complaint mechanisms participated by third parties, they are expected to involve third parties further in the process of dealing with complaints and to improve transparency of the complaint mechanisms, including through publicity of the outcomes, in order to increase the confidence of the public to a sufficient level. In strengthening the independent nature of such mechanisms, appreciation has been expressed to the efforts to establish common independent mechanisms in other countries. The introduction of similar mechanisms should be considered in our country.
3. In the field of broadcasting, BRO is expected to improve and strengthen its activities further, including through establishing clear criteria for the examination and attempting to cover interview and other information-gathering activities.

b. Remedies through the Institution for Human Rights Remedies

In cases of infringement on privacy or excessive coverage by the press of crime victims and their family members, the accused and their family members and accused juveniles, pro-active remedies should be provided through mediation, arbitration, recommendation and publication thereof and assistance for legal action in view of the circumstances making it difficult for them to protect their own human rights, while paying attention to the self-regulatory measures.
1. In light of the present level of self-regulations by the mass media, it is not appropriate to leave the whole issue of human rights violations by them to the self-regulations. On the other hand, it is neither appropriate to cover a wide range of human rights violations by the mass media through pro-active remedies, in terms of the protection of freedom of expression and press. Therefore the provision of pro-active remedies should be limited to the above-mentioned areas, which have particular needs for such remedies.
2. While serious cases have occurred in terms of the victimization by libel through erroneous reporting, including the erroneous identification of offenders, it is neither appropriate nor effective for the Institution for Human Rights Remedies, an administrative body, to conduct inquires into whether the reporting was true or the ways of coverage were proper. Therefore these cases should be regarded as unfit for pro-active remedies by the Institution for Human Rights Remedies.

(2) Human Rights Violations by Other Media

The Internet has enabled individuals to send out massive information to an indefinite number of people, which has given rise to such issues as the circulation of defamation or infringement on privacy of accused juveniles through its abuse. While the ways to provide remedies for these cases should be considered in the context of defamation or infringement on privacy in general, there are issues inherent to the Internet, such as the responsibility of Internet service providers or the disclosure of the information on the senders who are protected under the confidentiality of communication. Measures should be developed to enable the Institution for Human Rights Remedies to provide effective remedies in these cases, taking into consideration the legislative development on the Internet, including on the above-mentioned issues.
V. Development of the Methods to Provide Remedies

As has been proved in Chapter IV in relation to different human rights issues, it is necessary to drastically enhance the available methods to provide remedies in the system for human rights remedies. In addition to counseling, conciliation, guidance, etc. for summary remedies, methods for pro-active remedies such as mediation, arbitration, recommendation and publication thereof and assistance for legal action should be developed.
1. The Methods for Summary Remedies
(1) Counseling

1. Comprehensive focal points for counseling, which can deal with all kinds of human rights violations, should be developed. Since they must be friendly and easily available to victims, it is important to have mutually contributing collaboration with different counseling services provided by prefectures and municipalities.
2. Counseling is an effective methodology for providing remedies in itself, which may prevent the occurrence and deterioration of human rights violations and facilitate voluntary resolution of conflict over human rights violations through appropriate advice. In this context, the qualitative improvement of the staff is important because they need to have specialized knowledge of different human rights problems and methods to resolve them. In connection with the gatekeeper function of counseling, it is necessary to select appropriate one among other mechanisms for remedies or compartmentalized administrative services and provide information on or refer cases to it. In order to avoid tossing around victims among various mechanisms, arrangements for collaboration and cooperation with the relevant bodies are required.
(2) Conciliation, Guidance, etc.

Remedies through conciliation, guidance and other methods of an exclusively voluntary nature, without any factors of compulsion, are what the Human Rights Organs of the Ministry of Justice have traditionally adopted. Although it cannot be denied that they have certain limitations in the effectiveness, these methods, designed to urge perpetrators to take voluntary remedial measures through persistent education, are appropriate for human rights remedies with a view to preventing the reoccurrence. At the same time, they also make it possible to settle each case in a flexible manner in accordance with its specific circumstances. Responses through these methods should continue to be expanded, including through the furtherance of the expertise of the staff in charge.
2. The Methods for Pro-Active Remedies
(1) Mediation
Mediation is provided by the mediator who investigates the facts as necessary and facilitates conflict resolution through the agreement of the parties concerned. This method is easier and more prompt than judicial procedures and makes it possible to settle each case in a flexible manner in accordance with its specific circumstances. It is one of the typical methods of alternative conflict resolution, which is most widely used in and outside Japan, including by human rights institutions in other countries. Mediation should be utilized widely in the provision of human rights remedies, too, and mediation procedures as well as arrangements for their implementation should be developed, including through the involvement of Human Rights Commissioners who have expertise and other qualifications.
(2) Arbitration

Arbitration is provided by the arbitrator who, on the basis of the agreement of both sides that they will comply with the outcome, undertakes necessary investigation and makes the arbitration judgement that has a strong effect equivalent to the final judicial decision. This is one way of alternative conflict resolution that is designed to bring about the final settlement of the case in an easier and more prompt manner, while maintaining the flexibility of settlement. Although this method has not always been used sufficiently in Japan, except in certain fields, it should be utilized in a flexible manner and on a case-by-case basis in the provision of human rights remedies in view of its usefulness.
(3) Recommendation and publication thereof

Recommendations are made to the perpetrators of human rights violations, indicating how they have violated someone's human rights and urging them to take certain remedial measures voluntarily. Although recommendations do not have effects in themselves to impose compliance with the proposed measures, reasonable influence can be expected of them against the background of the authority of the Institution for Human Rights Remedies. Also, publicity of non-compliance can have the de facto effect of indirect compulsion on those who do not wish to be publicized, in addition to the educational effect on the general public. The Human Rights Organs of the Ministry of Justice have made recommendations in certain serious cases, after having conducted voluntary investigation and confirmed that human rights violations had occurred. This method should be improved in terms of the criteria and procedures with a view to utilizing it in an effective manner.
(4) Assistance for Legal Action

1. When all of these methods have failed to provide remedies for victims and when it is possible for them to bring suit on the basis of their claim, the Institution for Human Rights Remedies is in an appropriate position to assist them so that they can obtain judicial remedies.
  • While some human rights institutions in other countries may make binding judgements after the hearing process, it is simpler and more reasonable to make use of the legal proceedings when victims can bring suit themselves.
  • Further, some human rights institutions in other countries may attempt to ensure remedies by bringing suit on behalf of victims. However, it is questionable whether it is necessary for the Institution for Human Rights Remedies to bring suit when victims can do so themselves; there are legal issues as well. Therefore it is deemed more reasonable to assist victims in the legal proceedings.
2. In addition to the utilization of legal aid, there should be established a system, as one of the specific methods to assist victims in the legal proceedings, to provide victims with the materials collected by the Institution for Human Rights Remedies through the process of its investigation so that the victims can use them in the proceedings. In light of the complex and difficult nature of the legal proceedings, the Institution for Human Rights Remedies should be authorized to be involved in the legal proceedings initiated by victims to assist them in obtaining remedies, when it is considered necessary in order to ensure that remedies are provided. It is necessary to invent the methods to make it possible, including the procedures for the participation in the legal proceedings, while at the same time paying attention to the safeguards enjoyed by the other parties.
(5) Methods of a Compulsory Nature for Certain Cases

When there is clear danger of discriminatory treatment against an indefinite or large number of individuals, for example through the declaration of discriminatory business policies by an enterprise (paragraph 2 of Chapter IV, 1 (2)(a) b.), or when there is clear likelihood of fostering or inducing discrimination, for example through the publication of the so-called Comprehensive List of Buraku Communities (paragraph 2 of Chapter IV, 1 (2)(b)), it is extremely difficult, legally or as a matter of fact, for potential victims to stop these acts through the legal proceedings. Attempts to do so would not lead to the substantial solution of these cases, either. Therefore the methods of assistance in legal action would not work in these cases. It is thus necessary to introduce mechanisms to prevent such human rights violations, for example, by enabling the Institution for Human Rights Remedies to apply for the court to issue stoppage orders. Specific methods should be invented to make it possible, while paying attention to the protection of freedom of expression.
3. Creation of the Atmosphere of Free Exchange of Opinions on Human Rights Issues

Negotiation between the parties in human rights violations is a flexible and effective method of conflict resolution, provided that there are conditions that enable voluntary settlement. Arbitration and mediation by the Institution for Human Rights Remedies aim to promote such negotiation from a neutral and impartial standpoint. When other individuals or bodies work as intermediaries between the concerned parties, they should adhere to the principle of neutrality and maintain appropriate criteria for judgment.
Negative aspects have been pointed out in connection with excessive collective inquiries against the alleged perpetrators of discrimination, which was also referred to the Council's previous report on human rights education and awareness-raising. Since inquiries of an involuntary nature are not reasonable, it is expected to utilize the remedies provided by the Institution for Human Rights Remedies when voluntary negotiation between the concerned parties has failed. In order to achieve genuine resolution of human rights issues, it is important to create the atmosphere of free exchange of opinions on human rights issues (see Chapter II, 2 of the previous report on human rights education and awareness-raising).
VI. Development of the Procedures and Powers for Investigation

1. Under the current system to investigate and settle cases of human rights violations, the Human Rights Protection Organs of the Ministry of Justice attempt to confirm what had happened through exclusively voluntary investigation. Under this system, however, lack of cooperation from the parties concerned produces obstacles to the investigation and makes it difficult to confirm what had happened. For cases of human rights violations that require pro-active remedies, it is necessary not only to adopt effective methods for providing remedies but also to ensure that it is possible to confirm the facts, on the basis of which remedies can be provided. For this purpose, there is a need to establish effective powers for investigation. In light of the nature of the system for human rights remedies, however, the Council does not consider that strong powers for investigation, which include direct compulsion that requires court warrant, should be provided for.
2. With regard to what constitutes powers for investigation and how to ensure their effectiveness, there should be established truly necessary powers for investigation corresponding to the coverage and methods of remedies, paying attention to the development of powers for investigation under other systems of alternative dispute resolution (ADR). These may include powers to inquire, to order the submission of materials and to enter facilities for investigation, with non-criminal or criminal fines for non-compliance. The public authorities should be obliged to cooperate with the Institution for Human Rights Remedies for its investigation.
3. The scope and targets of investigation must not be excessively broad, in view of the consideration for human rights of those investigated. Adequate attention should be paid in order to ensure that excessive investigation does not intrude unnecessarily into their inner thoughts or privacy.
4. Certain cases of human rights violations by the mass media, for which pro-active remedies should be provided (see IV. 4 (a)(ii) b), should be dealt with voluntary investigation in view of the importance of freedom of expression and press, expecting that the mass media will enhance its initiatives for self-regulation on the basis of its responsibilities. The Institution for Human Rights Remedies should request cooperation for its investigation in a sincere manner and attempt to confirm what had happened and provide remedies for victims, including through the publication of the outcomes of its investigation.
VII. Development of the Organization of the Institution for Human Rights Remedies
1. Independence and Other Factors of the Institution for Human Rights Remedies

It is essential for the Institution for Human Rights Remedies, which provide remedies including pro-active remedies, to be independent from the Government to a certain degree. Therefore the Institution should be an independent committee, which will be called temporarily “the Committee on Human Rights? in this report.
1. The Institution for Human Rights Remedies will address various conflicts involving discrimination or abuse and ill-treatment between private persons, after having confirmed whether human rights violations had or had not occurred through the exercise of powers for compulsory investigation and other methods, by providing remedies for victims including through recommendation and publication thereof or assistance for legal action. It will also provide pro-active remedies for similar cases of human rights violations by the public authorities as well as certain cases of human rights violations by the mass media (see Chapter IV, 4 (1)(b) b). In view of these mandates, only limited effects are expected of the improvement and reinforcement of the traditional internal organization. The Institution should be an organization whose neutrality and impartiality are institutionally guaranteed with the independence from the Government.
Also, in light of the fact that the Institution should make various judgments on a wide range of human rights violations, it should consist of more than one person who shall make decisions by consensus. In view of these factors, the Institution for Human Rights Remedies should be an independent committee.
2. It is necessary to develop the Secretariat with the adequate capacity to support the functions of the Committee. Since the Committee on Human Rights should be responsible for human rights awareness-raising as well as human rights remedies (see Chapter VII, 6), arrangements should be made to establish the Committee while bearing in mind the possibility to reorganize the Human Rights Protection Bureau of the Ministry of Justice, whose primary responsibilities include human rights awareness-raising at present.
2. Nation-wide Organization of the Committee on Human Rights

The Committee on Human Rights should be organized in a way that enables it to provide effective remedies for cases of human rights violations occurring in all parts of the country. For this purpose, it is necessary to develop the local structures of the Committee's Secretariat, which shall be responsible for investigating cases of human rights violations and providing mediation or arbitration, including through the reorganization of the human rights protection units of the Regional and District Legal Affairs Bureaus.
1. The Committee, as a decision-making body, shall make decisions on recommendation and publication thereof or certain cases of assistance for legal action on the basis of the outcome of the Secretariat's investigation. The Secretariat, whose functions are to support the Committee, shall provide counseling services for victims and assist the Committee in settling cases by investigating the alleged cases, reporting the outcome to the Committee and, as necessary, providing mediation and arbitration. Attention should be given to the possibility that the Committee or its members may conduct investigation by itself/themselves in certain cases.
2. In order to deal with cases of human rights violations occurring in all parts of the country on a daily basis, in accordance with the assignment of the functions mentioned above, it is necessary to develop local structures of the Committee's Secretariat by reorganizing the human rights protection units of the Regional and District Legal Affairs Bureaus and to make proper arrangements for their work by securing specialized personnel and Human Rights Commissioners. Furthermore, it is essential to develop the arrangements for mediation and arbitration, which will be trusted by users, by involving lawyers, other experts and individuals with knowledge and experience. It is also necessary to introduce mechanisms to ensure the prompt communication between the local structures of the Secretariat and the Committee.
3. Roles to Be Played by Human Rights Commissioners in the Provision of Human Rights Remedies

Human Rights Commissioners should continue to be actively involved in counseling services and contribute to the early detection of human rights violations through regular contact with the relevant authorities, volunteers and vulnerable people. Furthermore, they should also be considered as contributors to pro-active remedies, including through the active participation in conciliation, mediation and arbitration in accordance with their aptitudes.
1. Assigned in every municipality in the country, Human Rights Commissioners are the closest contact persons for counseling. They are expected to improve the quality of counseling through the furtherance of their expertise and to function as antennas for the provision of human rights remedies by seeking for the early detection of various cases of human rights violations through regular contact with the relevant authorities, volunteers and vulnerable people.
2. A certain degree of expertise, experience and skills are required for the provision of human rights remedies. In accordance with their aptitudes, Human Rights Commissioners should be asked to participate actively in conciliation, mediation and arbitration as well as the investigation process for these purposes, in order to improve the arrangements for these methods.
4. Factors to Be Borne in Mind on the Composition of the Committee on Human Rights

The Committee on Human Rights should naturally be composed of members who are personally qualified for dealing with human rights issues, appointed in transparent ways that can reflect a diversity of views of the public. It is also necessary to consolidate the staff of the Secretariat, who will be in charge of actual investigation and review, both in qualitative and quantitative terms. Human Rights Commissioners who are involved in the provision of human rights remedies should have expertise, too.
1. Naturally, persons who are neutral and impartial and who have appropriate personality and knowledge for dealing with human rights issues should be appointed to the Committee on Human Rights. In addition, they should be appointed in transparent ways that can reflect a diversity of views of the public, for example through the consent of the Diet, in order to fulfill the accountability of the Government with regard to the appointment of the members. Consideration should also be given to the gender balance.
2. The staff of the Secretariat, who will be involved in the investigation of cases of human rights violations, mediation, recommendations and other tasks, is required to have expertise including legal knowledge and skills as well as understanding of various kinds of human rights issues. It is no exaggeration to state that the true effectiveness of the system for human rights remedies depends not only on the development of methods for remedies and powers for investigation but also on how it can secure such expert staff both in qualitative and quantitative terms. In order to make it possible, special consideration should be given to the development of the system of recruitment and arrangements as well as training.
3. Human Rights Commissioners who are involved in human rights remedies are also required to have expertise appropriate for the task. Having submitted the present report, the Council would continue to consider how appropriate persons can be secured for the system of Human Rights Commissioners, in light of the important roles to be played by them in human rights remedies and human rights awareness-raising.
5. Collaboration with Other Bodies and Organizations Involved in Human Rights Remedies

Needless to say, human rights remedies can be provided solely through the activities of the Committee on Human Rights. Effective remedies can be achieved only through the collaboration and cooperation among different bodies and organizations involved in the provision of remedies, thus utilizing their capacities and resources to the maximum degree. Therefore the Committee on Human Rights should establish close collaboration and cooperation with the relevant national, municipal and private bodies involved in the provision of various kinds of remedies in different fields.
(1) National Bodies

The Committee on Human Rights should establish close collaboration and cooperation, under the proper assignment of functions, with the national bodies involved in the provision of remedies for victims in different fields.
(2) Municipal Bodies

1. Various kinds of counseling services are provided at the local and prefectural levels. With a view to developing structures for counseling that are as close as possible to the public, the Committee on Human Rights should collaborate and cooperate with counseling services at the municipal level in order to put appropriate cases on the procedures for human rights remedies.
2. At the prefectural level, measures have been undertaken in certain areas for the protection of victims of human rights violations, including by the Child Guidance Centers and Women's Consultation Offices. In order to ensure the effective provision of remedies, the Committee on Human Rights should enhance collaboration and cooperation with these institutions, especially in terms of the protection of victims. It is also necessary to collaborate and cooperate with the police, whose role is important in abuse and ill-treatment and other cases.
3. Local municipalities undertake other individual initiatives for human rights remedies in various ways, which should be taken into consideration by the Committee on Human Rights in the collaboration and cooperation with local municipalities.
(3) Private Bodies

It is also necessary to establish appropriate collaboration and cooperation with Japan Federation of Bar Associations and local bar associations, which are involved in a wide range of activities for the protection of human rights, as well as other private bodies working to ensure remedies for victims in various fields.

 6. Other Mandates of the Committee on Human Rights

In addition to the provision of human rights remedies, the Committee on Human Rights should also be responsible for human rights awareness-raising, advice for the Government and other relevant tasks. It is necessary to develop structures and arrangements for these purposes.
1. As has been mentioned in Chapter I, general awareness-raising on human rights, designed to promote and enhance the philosophy of respect for human rights and to prevent the occurrence of human rights in advance, and human rights remedies for victims in individual cases of human rights violations are two sets of wheels of a vehicle in the administration of human rights protection. In order to realize a society where human rights are respected, it is essential to promote both types of activities in a comprehensive and mutually contributing manner. What is called “the Paris Principles? and the Handbook prepared by the UN Centre for Human Rights (see endnotes 2 and 3) define both of them as the important functions of national human rights institutions. Therefore the Committee on Human Rights should also be responsible for human rights awareness-raising and, in the development of its structures and arrangements, particular consideration should be given so that the Committee can promote human rights awareness-raising in a comprehensive and effective manner, including the implementation of the policies for human rights awareness-raising proposed in the previous report of the Council.
2. It is useful that the experience and outcomes of the Committee on Human Rights, accumulated through its activities for remedies and awareness-raising, are reflected in policies through advice to the Government, which is defined as one of the important functions of national human rights institutions in the Paris Principles. Therefore the Committee on Human Rights should have this function as well. In addition, it should be mandated to prepare the White Paper on Human Rights and submit it to the Diet as well as to cooperate with the United Nations and national human rights institutions in other countries.

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