ＪＲＦＳ（言論・表現の自由を守る会）による外務省要請書が英文化されました。
自由権規約委員会への「追加レポート」に資料として添付され、ジュネーブに送られます。
※日本語は、下記にあります。
http://wind.ap.teacup.com/people/8658.html
http://wind.ap.teacup.com/people/8657.html
◎ JRFS Made Representation to Foreign Ministry to Press for Immediate Ratification of Individual Communication Procedure of the Rights of Child Treaty
The 111th session of the UN Human Rights Committee on Civic and the Political Rights will start from July 7 in the UN Headquarters in Geneva and the Sixth Periodic Report of the Government of Japan will be reviewed on 15th and 16th of July.
In view of this, on June 6, Tsuneko KAKIUCHI, JRFS General Secretary with the plaintiffs and supporters of the Hinomaru & Kimigayo Lawsuit made representation to the Ministry of Foreign Affairs and handed two petitions addressed to the Foreign Minister Fumio KISHIDA to Osamu YAMANAKA, Head of Human Rights and Humanitarian Affairs Division.
To Mr. Fumio Kishida
Minister of Foreign Affairs
June 6, 2014
Petition for the Immediate Decision of Cabinet Meeting to Ratify the Third Optional Protocol （on individual communication procedure） of the Treaty on the Rights of the Child and Rapid ratification of the First Optional Protocol of the ICCPR
1. We demand that the Cabinet Meeting immediately decide the ratification of the third additional protocol of the Rights of Child Treaty and the Diet ratify in the current session the first optional protocol of the CCPR.
2. We demand that the Cabinet Meeting rapidly ratify the individual communication procedure of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that any individual communication procedure of any human rights treaty or convention that Japan has already ratified, including the Convention on the Elimination of Discrimination against Women be ratified by the Diet.
The committee set up by Fukushima Prefecture to examine the results of the “health study” made on the prefecture population to investigate the effects of nuclear accident occurred in the TEPCO Fukushima Daiichi Plant was held in May. At this committee, it was reported that the number of children diagnosed with malignant thyroid tumor amounted to 89, including those suspected of having thyroid cancer. In Fukushima prefecture, during three months from January to March 2014, 17 people were diagnosed with thyroid cancer and 39 are suspected to have that disease. The data disclosed this time was that compiled until March 31rst on a total population of about 290,000 people who were 18 years or younger at the time of the nuclear accident. The study does not include either the children who moved outside Fukushima or children who live in contaminated zones outside Fukushima prefecture. The data should be considered as conservative, but it still shows the extent of heath damage caused by the accident, especially children who are the most vulnerable to radiations.
A drastic change in the policies is necessary to protect the lives and health of these children.
The Government should lose not time to ratify the individual communication procedure. 35 years ago, in 1979, the Diet, under Liberal-Democratic Party Cabinet, ratified the ICCPR and ICESCR, and adopted a resolution that it would promptly ratify the First Optional Protocol of the ICCPR. During these years the human rights tide has grown within the United Nations. In fact the Commission on Human Rights was upgraded to the UN Human Rights Council （UNHRC） in 2006. The Universal Periodic Review started in 2008 and has entered the second round.
The Government of Japan has been a member of the Human Rights Council for the third term since January 1rst, 2013. At the review of the second UPR of Japan, the Australian Government recommended the ratification of the individual communication mechanism. Japan committed a crime against humanity by conducting aggressions during the World War II. Today, her governments should take the lead in eliminating human rights violations and abuses in Asia, especially in East Asia, by faithfully implementing its commitments including the recommendations they accepted at the 22nd UNHRC session and the recommendations made by other human rights treaty bodies. This should begin with the ratification of the individual communication procedure. In 2010, a treaty implementation unit was created within the Human Rights and Humanitarian Affairs of Foreign Ministry with the aim of facilitating the ratification of individual communication procedure. There is a growing expectation even among the ministry personnel to see the ratification become a reality. On entering this year, the process for ratifying the Convention on the Rights of Persons with Disabilities was completed and the Hague Convention entered into force in April. In addition, a gender equality promotion unit was established in the Human Rights and Humanitarian Affairs Division in view of preparing a national action program of the UN Security Council Resolution 1325.
At the UN General Assembly in December 2012, individual communication procedure was established for the Rights of Child Convention, on the proposition of Japan and other countries. It came into effect in April 14th, three months after the 10th country ratified it in January.
In Japan, the procedure can be ratified by the decision of the Cabinet Meeting. The ratification of the third optional protocol regarding individual communication procedure for the Convention on the Rights of the Child should therefore be given top priority.
To: Mr. Fumio KISHIDA
Minister of Foreign Affairs
The Tokyo Metropolitan Board of Education has applied disciplinary sanctions to the teachers who refused to obey its “order” transmitted to them through school principals to stand, sing or accompany the Kimigayo song at school entrance and graduation ceremonies. Since 2003, the number of teachers sanctioned exceeds 460.
In 2012, the Supreme Court ruled that, while the “order” of the Education Board to stand up and sing Kimigayo Song constitutes “indirect restriction” of the human rights of teachers because it “includes elements of manifestation of respect”, it is not entirely “unnecessary and irrational” and therefore does not violate Article 19 of the Constitution. However, the Supreme Court ordered to cancel the cumulative punitive measure that is more severe than salary cut since it constituted an aberrant abuse of discretionary power.
The Supreme Court decision has however failed to touch upon the paragraph 3 of Article 18 of the ICCPR （freedom of thought, conscience and religion）. It also overlooked the fact that “disrespect of flag and symbols” has been added to paragraph 38 of the “General Comment No. 34” （July 21, 2011） Article 19 as a concrete example of the case in which the human rights cannot be restricted by public authority.
Also, the report of the Government regarding the 6th UPR of the Report of Japan regarding ICCPR, the Supreme Court Ruling of the “Case of Itabashi High School Graduation Ceremony” is cited as an example justifying the restriction of human rights on the ground of “public welfare”. However this particular case is a typical example of misuse of “public welfare”, repeatedly pointed out by the United Nations and constitutes an aberrant misunderstanding of the Recommendation.
Since the October 23 Circular, a unilateral top-down line of commandment is prevailing in schools, treating Hinomaru Flag and Kimigayo Song as something sacred not only in school ceremonies but everywhere in daily educational activities. This inevitably leads to a uniform education that does not allow flexibility in education, denying diversity in values and individual personality of children and creating stifling atmosphere in classes. This situation is contrary to Article 26 of the Universal Declaration of Human Rights （right to education） and other international human rights instruments that set the international standards for the education aimed at developing personality of each child.
Japan has ratified the most important international human rights instruments. We strongly call for the immediate ratification of the First Optional Protocol of the ICCRP so that international standards for human rights are observed in Japanese schools.
Our requests:
In view of the Six UPR, and on the basis of previous UPR “Concluding Remarks”, we urge the Government to implement its following obligations of the country party to the ICCPR:
1. To accept the recommendation in the paragraph 8 of the Fifth UPR “Concluding Remarks and ratify without delay the First Optional Protocol of the ICCPR.
2. To accept the recommendation in the paragraph 7 of the Fifth UPR “Concluding Remarks and act in cooperation with the Ministry of Justice so that the ICCPR is applied directly as judiciary standard by incorporating the application and interpretation of the ICCPR into the professional training of jurists.
3. To accept the recommendation in the paragraph 10 of the Fifth UPR “Concluding Remarks and define and institute a law that corresponds to the paragraph 3 of Article 3 of the Covenant regarding “public welfare” so as to ensure that excessive restriction is imposed on freedoms.
4. Observing Article 18 and paragraph 38 of the “General Comment No.34” and in cooperation with the Ministry of Education, to take adequate measures so that the national flag and song are not imposed to anyone in school ceremonies in public schools anywhere in the country.
5. To promote, extend and establish international human rights education in cooperation with the Ministry of Education and on the responsibility of the national government, so as to ensure international standard human rights to both teachers and pupils in schools.
『今 言論･表現の自由があぶない！』（2014/6/10）
http://blogs.yahoo.co.jp/jrfs20040729/26272611.html
自由権規約委員会への「追加レポート」に資料として添付され、ジュネーブに送られます。
※日本語は、下記にあります。
http://wind.ap.teacup.com/people/8658.html
http://wind.ap.teacup.com/people/8657.html
◎ JRFS Made Representation to Foreign Ministry to Press for Immediate Ratification of Individual Communication Procedure of the Rights of Child Treaty
The 111th session of the UN Human Rights Committee on Civic and the Political Rights will start from July 7 in the UN Headquarters in Geneva and the Sixth Periodic Report of the Government of Japan will be reviewed on 15th and 16th of July.
In view of this, on June 6, Tsuneko KAKIUCHI, JRFS General Secretary with the plaintiffs and supporters of the Hinomaru & Kimigayo Lawsuit made representation to the Ministry of Foreign Affairs and handed two petitions addressed to the Foreign Minister Fumio KISHIDA to Osamu YAMANAKA, Head of Human Rights and Humanitarian Affairs Division.
To Mr. Fumio Kishida
Minister of Foreign Affairs
June 6, 2014
◎ Japanese Association for the Right to Freedom of Speech （JRFS）
NGO in Special Consultative Status with the ECOSOC
NGO in Special Consultative Status with the ECOSOC
Petition for the Immediate Decision of Cabinet Meeting to Ratify the Third Optional Protocol （on individual communication procedure） of the Treaty on the Rights of the Child and Rapid ratification of the First Optional Protocol of the ICCPR
1. We demand that the Cabinet Meeting immediately decide the ratification of the third additional protocol of the Rights of Child Treaty and the Diet ratify in the current session the first optional protocol of the CCPR.
2. We demand that the Cabinet Meeting rapidly ratify the individual communication procedure of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that any individual communication procedure of any human rights treaty or convention that Japan has already ratified, including the Convention on the Elimination of Discrimination against Women be ratified by the Diet.
The committee set up by Fukushima Prefecture to examine the results of the “health study” made on the prefecture population to investigate the effects of nuclear accident occurred in the TEPCO Fukushima Daiichi Plant was held in May. At this committee, it was reported that the number of children diagnosed with malignant thyroid tumor amounted to 89, including those suspected of having thyroid cancer. In Fukushima prefecture, during three months from January to March 2014, 17 people were diagnosed with thyroid cancer and 39 are suspected to have that disease. The data disclosed this time was that compiled until March 31rst on a total population of about 290,000 people who were 18 years or younger at the time of the nuclear accident. The study does not include either the children who moved outside Fukushima or children who live in contaminated zones outside Fukushima prefecture. The data should be considered as conservative, but it still shows the extent of heath damage caused by the accident, especially children who are the most vulnerable to radiations.
A drastic change in the policies is necessary to protect the lives and health of these children.
The Government should lose not time to ratify the individual communication procedure. 35 years ago, in 1979, the Diet, under Liberal-Democratic Party Cabinet, ratified the ICCPR and ICESCR, and adopted a resolution that it would promptly ratify the First Optional Protocol of the ICCPR. During these years the human rights tide has grown within the United Nations. In fact the Commission on Human Rights was upgraded to the UN Human Rights Council （UNHRC） in 2006. The Universal Periodic Review started in 2008 and has entered the second round.
The Government of Japan has been a member of the Human Rights Council for the third term since January 1rst, 2013. At the review of the second UPR of Japan, the Australian Government recommended the ratification of the individual communication mechanism. Japan committed a crime against humanity by conducting aggressions during the World War II. Today, her governments should take the lead in eliminating human rights violations and abuses in Asia, especially in East Asia, by faithfully implementing its commitments including the recommendations they accepted at the 22nd UNHRC session and the recommendations made by other human rights treaty bodies. This should begin with the ratification of the individual communication procedure. In 2010, a treaty implementation unit was created within the Human Rights and Humanitarian Affairs of Foreign Ministry with the aim of facilitating the ratification of individual communication procedure. There is a growing expectation even among the ministry personnel to see the ratification become a reality. On entering this year, the process for ratifying the Convention on the Rights of Persons with Disabilities was completed and the Hague Convention entered into force in April. In addition, a gender equality promotion unit was established in the Human Rights and Humanitarian Affairs Division in view of preparing a national action program of the UN Security Council Resolution 1325.
At the UN General Assembly in December 2012, individual communication procedure was established for the Rights of Child Convention, on the proposition of Japan and other countries. It came into effect in April 14th, three months after the 10th country ratified it in January.
In Japan, the procedure can be ratified by the decision of the Cabinet Meeting. The ratification of the third optional protocol regarding individual communication procedure for the Convention on the Rights of the Child should therefore be given top priority.
To: Mr. Fumio KISHIDA
Minister of Foreign Affairs
June 6, 2014
◎ Petition of Teachers for Immediate Ratification of the First Protocol of the ICCPR
The Tokyo Metropolitan Board of Education has applied disciplinary sanctions to the teachers who refused to obey its “order” transmitted to them through school principals to stand, sing or accompany the Kimigayo song at school entrance and graduation ceremonies. Since 2003, the number of teachers sanctioned exceeds 460.
In 2012, the Supreme Court ruled that, while the “order” of the Education Board to stand up and sing Kimigayo Song constitutes “indirect restriction” of the human rights of teachers because it “includes elements of manifestation of respect”, it is not entirely “unnecessary and irrational” and therefore does not violate Article 19 of the Constitution. However, the Supreme Court ordered to cancel the cumulative punitive measure that is more severe than salary cut since it constituted an aberrant abuse of discretionary power.
The Supreme Court decision has however failed to touch upon the paragraph 3 of Article 18 of the ICCPR （freedom of thought, conscience and religion）. It also overlooked the fact that “disrespect of flag and symbols” has been added to paragraph 38 of the “General Comment No. 34” （July 21, 2011） Article 19 as a concrete example of the case in which the human rights cannot be restricted by public authority.
Also, the report of the Government regarding the 6th UPR of the Report of Japan regarding ICCPR, the Supreme Court Ruling of the “Case of Itabashi High School Graduation Ceremony” is cited as an example justifying the restriction of human rights on the ground of “public welfare”. However this particular case is a typical example of misuse of “public welfare”, repeatedly pointed out by the United Nations and constitutes an aberrant misunderstanding of the Recommendation.
Since the October 23 Circular, a unilateral top-down line of commandment is prevailing in schools, treating Hinomaru Flag and Kimigayo Song as something sacred not only in school ceremonies but everywhere in daily educational activities. This inevitably leads to a uniform education that does not allow flexibility in education, denying diversity in values and individual personality of children and creating stifling atmosphere in classes. This situation is contrary to Article 26 of the Universal Declaration of Human Rights （right to education） and other international human rights instruments that set the international standards for the education aimed at developing personality of each child.
Japan has ratified the most important international human rights instruments. We strongly call for the immediate ratification of the First Optional Protocol of the ICCRP so that international standards for human rights are observed in Japanese schools.
Our requests:
In view of the Six UPR, and on the basis of previous UPR “Concluding Remarks”, we urge the Government to implement its following obligations of the country party to the ICCPR:
1. To accept the recommendation in the paragraph 8 of the Fifth UPR “Concluding Remarks and ratify without delay the First Optional Protocol of the ICCPR.
2. To accept the recommendation in the paragraph 7 of the Fifth UPR “Concluding Remarks and act in cooperation with the Ministry of Justice so that the ICCPR is applied directly as judiciary standard by incorporating the application and interpretation of the ICCPR into the professional training of jurists.
3. To accept the recommendation in the paragraph 10 of the Fifth UPR “Concluding Remarks and define and institute a law that corresponds to the paragraph 3 of Article 3 of the Covenant regarding “public welfare” so as to ensure that excessive restriction is imposed on freedoms.
4. Observing Article 18 and paragraph 38 of the “General Comment No.34” and in cooperation with the Ministry of Education, to take adequate measures so that the national flag and song are not imposed to anyone in school ceremonies in public schools anywhere in the country.
5. To promote, extend and establish international human rights education in cooperation with the Ministry of Education and on the responsibility of the national government, so as to ensure international standard human rights to both teachers and pupils in schools.
『今 言論･表現の自由があぶない！』（2014/6/10）
http://blogs.yahoo.co.jp/jrfs20040729/26272611.html
※コメント投稿者のブログIDはブログ作成者のみに通知されます