国内及び国際情勢
		国連自由権規約日本審査の最終所見（移住者・外国籍者関係抜粋） CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGTHS, Concluding observations of the Human Rights Committee (extract) 「人身売買」（パラ２３） 「研修生」（パラ２４）「難民」（パラ２５） 「無年金問題」（パラ３０） 「外国人学校」（パラ３１）） 23. The Committee is concerned about the lack of statistical data on the (estimated) number of persons trafficked to and in transit through the State party, the low number of prison sentences imposed on perpetrators of trafficking-related crimes, the decreasing number of trafficking victims protected in public and private shelters, the lack of comprehensive support for victims, including interpretation services, medical care, counselling, legal support for claiming unpaid wages or compensation and long-term support for rehabilitation, as well as the fact that special permission to stay is only granted for the period necessary to convict perpetrators and that it is not granted to all victims of trafficking. (art. 8) The State party should intensify its efforts to identify victims of trafficking and ensure the systematic collection of data on trafficking flows to and in transit through its territory, review its sentencing policy for perpetrators of trafficking-related crimes, support private shelters offering protection to victims, strengthen victim assistance by ensuring interpretation, medical care, counselling, legal support for claiming unpaid wages and compensation, long-term support for rehabilitation as well as stability of legal status to all victims of trafficking. 24. The Committee is concerned about reports that non-citizens who come to the State party under the Industrial Training and Technical Internship Programmes are excluded from the protection of domestic labour legislation and social security and that they are often exploited in unskilled labour without paid leave, receive training allowances below the legal minimum wage, are forced to work overtime without compensation and are often deprived of their passports by their employers. (arts. 8 and 26) The State party should extend the protection of domestic legislation on minimum labour standards, including the legal minimum wage, and social security to foreign industrial trainees and technical interns, impose appropriate sanctions on employers who exploit such trainees and interns, and consider replacing the current programmes with a new scheme that adequately protects the rights of trainees and interns and focuses on capacity building rather than recruiting low-paid labour. 25. The Committee notes with concern that the 2006 Immigration Control and Refugee Recognition Act does not expressly prohibit the return of asylum seekers to a country where there is a risk of torture, that the recognition rates for asylum seekers remain low in relation to the number of applications filed, and that there are often substantial delays in the refugee recognition process during which applicants are not allowed to work and receive only limited social assistance. It is also concerned that the possibility of filing an objection with the Minister of Justice against a negative asylum decision does not constitute an independent review because the refugee examination counselors advising the Minister upon review are not independently appointed and have no power to issue binding decisions. Lastly, it is concerned about reported cases where rejected asylum seekers have been deported before they could submit an objection against the negative decision on their application staying the execution of the deportation order. (arts. 7 and 13) The State party should consider amending the Immigration Control and Refugee Recognition Act, with a view to explicitly prohibiting the return of asylum seekers to countries where there is a risk of torture or other ill-treatment, and ensure that all asylum seekers have access to counsel, legal aid and an interpreter, as well as to adequate state-funded social assistance or employment during the entire length of proceedings. It should also establish an entirely independent appeal mechanism, including for applicants who are deemed to be“possible terrorists” by the Minister of Justice, and ensure that rejected applicants are not deported immediately after the conclusion of the administrative proceedings before they can submit an appeal against the negative asylum decision. 30. The Committee notes with concern that, as a result of the non-retroactivity of the elimination of the nationality requirement from the National Pension Law in 1982 combined with the requirement that a person must pay contributions to the pension scheme for at least 25 years between the ages of 20 and 60, a large number of non-citizens, primarily Koreans who lost Japanese nationality in 1952, are effectively excluded from eligibility to pension benefits under the national pension scheme. It also notes with concern that the same applies to disabled non-citizens who were born before 1962, due to a provision that non-citizens who were older than 20 years at the time when the nationality clause was repealed from the National Pension Law are not eligible for disability pension benefits. (arts. 2 (1) and 26) The State party should make transitional arrangements for non-citizens affected by the age requirements stipulated in the National Pension Law, with a view to ensuring that non-citizens are not discriminatorily excluded from the national pension scheme. 31. The Committee is concerned that state subsidies for schools that teach in the Korean language are significantly lower than those for ordinary schools, making them heavily dependent on private donations which are not exempted or deductible from taxes, unlike donations to private Japanese schools or international schools, and that diplomas from Korean schools do not automatically qualify students to enter university. (arts. 26 and 27) The State party should ensure the adequate funding of Korean language schools, by increasing state subsidies and applying the same fiscal benefits to donors of Korean schools as to donors of other private schools, and recognize diplomas from Korean schools as direct university entrance qualifications. 最終所見全文はこちら Entire document of Concluding observations of the Human Rights Committee http://www2.ohchr.org/english/bodies/hrc/docs/co/CCPR-C-JPN-CO.5.doc

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