UPR of Japan: minimal progress as recommendations to end death penalty are repeated

The second review of Japan under the Universal Periodic Review (UPR) process took place on 31 October 2012. Mr Hideaki Ueda, Ambassador in charge of Human Rights and Humanitarian Affairs in the Ministry of Foreign Affairs, presented the country report. In his opening statement Mr Ueda described the steps taken to implement the recommendations of the first cycle, facilitated through ongoing interaction with civil society including through Facebook and Twitter.

The UPR of Japan saw significant engagement by NGOs and the broader civil society with a substantial number of written submissions. This engagement by international NGOs and state NGOs is reflective of a strong civil society that acts as a model for other State reviews.

Japan’s presentation appeared defensive and dismissive language was used by the delegation regarding recommendations made during the current and previous cycle. A recurring theme of the review was Japan’s stance on the death penalty, with Japan reiterating its position from the first cycle that the abolition of the death penalty is inappropriate. At the time of its first review, Japan rejected a number of recommendations regarding the death penalty, including to establish a moratorium on executions and to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights (on abolition of the death penalty).

Within the Japanese justice system those on death row receive a different classification than other prisoners and lack many of the rights afforded to other Japanese prisoners. Those on death row are held in solitary confinement and are forbidden from communicating with their fellows. Under this regime they are permitted two periods of exercise a week, are not allowed televisions, and may only possess three books.

Japan has made little, and in some cases no progress in implementing recommendations made to it during the first cycle of the UPR. While Japan accepted a recommendation to establish an independent national human rights institution in line with the Paris Principles it has yet to take concrete steps to achieve this.

The lack of action taken by Japan on recommendations was a strong talking point of the second cycle review, with the following recommendations being reiterated.

• Establish a national human rights institution in line with the Paris Principles
• Commit to a moratorium on the death penalty and ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights
• Take concrete steps on ending direct and indirect discrimination in Japan by ratifying the protection of migrant workers, ratifying the Palermo Protocols to the Convention Against Transnational Organized Crime, and working towards implementing recommendations made by the Committee on the Elimination of Racial Discrimination.

Despite agreeing during the first cycle to consider ratifying a number of human rights instruments, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, and the Convention on the Rights of Persons with Disabilities, as well as the Optional Protocols to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, to the Convention on the Elimination of All Forms of Discrimination against Women, and the second Optional Protocol to the International Convention on the Elimination of All Forms of Racial Discrimination, none of these have been ratified by Japan.

Japan received 123 recommendations by the 79 participating States during the interactive dialogue. Japan will review all of the recommendations and provide a response no later than the 22nd session of the Human Rights Council.