10 Elimination of racism and xenophobia
		10-1 Measures to be taken immediately 10-1-1 The Japanese government, Diet and related local governments shall establish a task force to address racial discrimination and xenophobia against migrant workers and foreign nationals residing in Japan. The task force shall be independent of the Japanese government and equipped with sufficient authority. It shall survey the actual conditions in close cooperation with the representatives of migrant workers, NGOs, international human rights organizations and other groups, and publish the result to make a proposal of possible countermeasures. The result shall be reflected in future planning of protection of human rights . The following shall be taken up for discussion and action: a- Violations of human rights involving legal executing organizations including the immigration control bureau and police equipped with public power. b- Discriminating remarks by Metropolitan governor Ishihara made in April 2000 and May 2001. c- Status quo of human rights education for public servants, especially immigration control bureau staff, the police and other legal persons. d- Reports of crimes by mass media. Autonomy of these mass media must be respected. e- Discrimination and violations of human rights by private persons and organizations. In particular, cases where foreign nationals were denied entrance into certain shops. f- Hatred crimes, especially the Elcrano case and attacks on Korean children residing in Japan. g- Victims of trafficking in women and children, domestic violence, and the situation of domestic workers 10-1-2 The Japanese government shall follow the recommendations issued by international human rights committees, including the Committee on the international convention on the elimination of racial discrimination of all forms. 10-2 Legal preconditions to address effectively struggles against racism relating to migrants 10-2-3 Enacting the Fundamental Law of the Human Rights of Foreign Nationals (See 1.) 10-2-4 Enacting a prevention act of racism and discrimination against ethnics The act must stipulate that to propagate and incite racism constitute a criminal offense, and if such an offense is motivated by racism, it will lead to aggravation. 10-2-5 Ratifying fully the international human rights conventions (see 1). Particularly, a- The Japanese government shall withdraw its reservation to Article 4, a and b, International Convention on the Elimination of All Forms of Racial Discrimination and declare as required by Article 14 (receiving and considering petitions for individuals and groups). b- The first optional protocol to the International Covenant Civil and Political Rights stipulating the inevitability of setting up a human rights committee to receive and consider communications from individuals. 10-3 Full amendment to the Human Rights Protection Bill 10-3-6 The Japanese government shall stipulate the human rights of migrants and foreign nationals residing in Japan, and specify racial discrimination and violation of human rights to be prohibited. a- The Japanese government shall be responsible for protecting the human rights and fundamental freedoms of migrants and foreign nationals residing in Japan in conformity with the Japanese Constitution and the international human rights conventions and covenants ratified by the Japanese government. The government shall also ensure the enjoyment of such rights. b- Racial discrimination and violations of human rights to be prohibited shall be in accordance with the international human rights documents. Emphasis shall be put, in particular, on discrimination and violations of human rights committed by public authorities and officers, including propaganda and incitement of racism and discrimination. 10-3-7 The human rights committee shall be an independent human rights mechanism in conformity with the international human rights documents, including the Paris Principle. a- The committee shall secure independence in structuring, and in particular, in financing and organizing the secretariat. b- The committee shall, in addition, secure diversity in structuring, and include representatives of migrants, NGOs, lawyers and learned people in the secretariat. c- The committee shall be managed by the Cabinet Secretariat, not by the Ministry of Justice. d-The committee shall have a wide range of authorities and functions to ensure comprehensive human rights activities. In particular, the committee shall survey and report about the situation of migrants' human rights periodically or specifically on a certain topic. * The committee shall fully review such laws, policies and measures as related to migrant workers and foreign residents and make recommendations to the Japanese government, Diet and courts. * The committee shall plan a national agenda to struggle against racism, provide for a comprehensive human rights guarantee, and propose legislation as necessary. * The committee shall supply information to the Japanese government to help them prepare a governmental report to submit to the International human rights committees and cooperate with international human rights organizations. * It shall also give training on human rights to law enforcers and judicial officers and support human rights education at schools and in society. * The committee shall redress victims of human rights violations and support them in gaining compensation, or carry out semi-judicial function by addressing violations of human rights and providing necessary compensation by itself. * It shall support and continue research on human rights. e- Securing effectiveness in activity. The committee shall enable migrants to have access to publicity and interpretation as necessary, and secure access to them in return. It shall define cooperation with related NGOs and trade unions. 10-3-8 The committee shall oblige the government to plan a domestic agenda aiming at fighting against racism, total security of human rights and creating a multi-ethnic and multi-cultural society.

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