2017年10月12日木曜日

沖縄国際人権法研究会がUPRプレセッションで報告します。

2017年11月14日に国連人権理事会にて行われるUPR(普遍的定期的審査)の日本審査に向けて、10月12日にUPRのプレセッション(日本のNGOによるブリーフィング)が、ジュネーブの国連人権理事会にて開催されます。開始時刻は、10時30分(日本時間17時30分)の予定です。

今回のプレセッションでは、4月に勧告案の報告書を提出した日本のNGOの中から、沖縄国際人権法研究会を含む以下の5つの団体がそれぞれ7分間の報告(ブリーフィング)を行ないます。

日弁連
IMADR(反差別国際運動)
沖縄人権法研究会
全国「精神病」者集団
グリーンピース・ジャパン

以下のアカウントで、中継動画のリンクや、UPRについての情報が随時アップされるようですので是非ご覧ください。
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沖縄国際人権法研究会の報告の内容は、以下の通りです。
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I am speaking on behalf of All Okinawa Council for Human Rights. We are an independent non-profit research group to document the continuing violation of human rights in Okinawa.

There are four statements I would like to talk about.
     (1)The rights of the people of Ryukyu/Okinawa as indigenous people
     (2) Infringement of freedom of peaceful assembly and expression
     (3) Sexual assaults targeting women committed by U.S military members
     (4) Infringement of the right to life, and physical and mental health

First, I would like to talk about the rights of the people of Ryukyu/Okinawa as indigenous people.

The concluding observations of the Human Rights Committee on Japan’s fifth periodic report clearly states that “the State party should expressly recognize the Ainu and Ryukyu/Okinawa as indigenous peoples in domestic legislation and adopt special measures to protect, preserve and promote their cultural heritage and traditional way of life, and recognize their land rights”. [1]

In addition, in its concluding observations on the reports of Japan, the UN Committee on the Elimination of Racial Discrimination (CERD) "expresses its concern about the persistent discrimination suffered by the people of Okinawa. The disproportionate concentration of military bases in Okinawa has a negative impact on residents’ ‘enjoyment of economic, social and cultural rights."[2]

However, the Government of Japan refuses to recognize the people of Okinawa as indigenous people, and does not acknowledge their rights to land and natural resources. They do not give any special protection to them either. On the contrary, the Government of Japan forcibly continued with the construction of a new U.S. military base at Henoko, in the northern part of Okinawa,

The Governments of Japan and the United States made the decision without guaranteeing any effective participation of the people of Okinawa, completely ignoring the will of the local people and Okinawa Prefecture and all rights to engage in free, prior and informed consent.

These are four recommendations we would like to have your support for.

Infringement of freedom of peaceful assembly and expression

Despite the strong protest of local Okinawan people, the Government of Japan is pushing the construction of a new military base at Henoko forward. On a daily basis, the police, the riot police, and the Japan Coast Guard violently repress the peaceful protest at Henoko. They forcibly evacuate peaceful protesters. There have been incidents of interference and forcible removal of journalists reporting the protest activities.

Mr. David Kaye, UN Special Rapporteur on the right to freedom of opinion and expression, shared his concern on the allegation of disproportionate restriction on public protest in Okinawa in his country report on Japan presented to the Human Rights Council in June this year. [3]
 
A notable example of disproportionate restriction is the case of Mr. Hiroji Yamashiro, a prominent Okinawan human rights defender. He was arrested multiple times on minor charges during base protest activities. He had been detained for five months under highly restrictive conditions without trial. He has been released from custody, but the Special Rapporteur expressed his concern that this government action could chill expression and particularly public protest and dissent.

Although the protestors’ freedom of expression and assembly were violated, the Government has not conducted any investigation, provided any compensation, or taken any action to address these human rights violations. They have not even made any effort to prevent further incidents.

These are the recommendations we would like to have your support for.

Sexual assaults targeting women committed by U.S military members

Since 1945, sexual assault cases targeting women have been committed and continued to threaten the safety of the women in Okinawa. In 1995, a sixth-grade girl was abducted and raped by three U.S military members. In May of 2016, a former U.S. military man raped, killed, and abandoned the body of a 20-year-old Okinawan woman.

Since the recovery of Okinawa from U.S. Occupation (1972) until 2015, there were nearly 6,000 crimes committed by United States military personnel, 129 of which were rape cases. However, as these numbers only include cases in which the assailant was officially placed under arrest, it is believed that the actual number of such cases is much larger. The existence of actual sexual assault and rape cases can be clearly established by looking at the survey responses of countless local women.

This is the recommendation we would like to have your support for.

Conduct a factual investigation of sexual assaults targeting women living in Okinawa committed by U.S military members.

Infringement of the right to life, and physical and mental health

Residents living around U.S military bases have severely suffered from excessive noise from aircrafts conducting training drills over the residential areas. Especially night time flight training has caused serious sleep disorders among residence including children.

Local residents filed a series of lawsuits against the Government of Japan. The rulings have confirmed the illegality of the excessive noise however, their requests to halt the night time operations of U.S. military aircraft have been all rejected.

The court ruling the lawsuit also recognized that the frequency of aircraft crashes and accidents has resulted in psychological distress among residents. Operations of the U.S. military bases have threatened and endangered the life and safety of the people of Okinawa.   A U.S military helicopter crashed onto the campus of a University located next to a U.S military base in 2004 and U.S military aircraft Osprey crashed offshore of Nago city in 2016. Yesterday, a U.S military helicopter crushed into a village in the northern part of Okinawa.

However, despite the fact that local residents have been forced to live with such fear and excessive noise, the Government of Japan has not taken any effective measures to ensure the right to physical and mental health.

This is the recommendation we would like to have you support for.

Take measures to ensure the right to physical and mental health without discrimination.



[1] CCPR/C/JPN/CO/5 18 December 2008, available at https://digitallibrary.un.org/record/646529/files/CCPR_C_JPN_CO_5-EN.pdf
[2] CERD/C/JPN/CO/3-6 (06 Apr 2010), available at  http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CERD%2FC%2FJPN%2FCO%2F3-6&Lang=en
[3] A/HRC/35/22/Add.1, available at http://imadr.org/wordpress/wp-content/uploads/2017/05/A_HRC_35_22_Add.1_AUV_Report-of-SR-on-freedom-of-opinion-and-expression-on-his-mission-to-Japan.pdf

2017年10月11日水曜日

Okinawa in Summary of Stakeholders' submissions on Japan

11月の国連人権理事会における普遍的定期的審査(UPR)の日本審査での主要な審査文書のひとつである、市民社会団体が提出したレポートのまとめ文書がアップされました。

文書全体で73段落中、琉球/沖縄の問題について、以下の7段落で取り上げられています。

また、日本政府の文書も公開されています。

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1. Cross cutting issues

Development, the environment, and business and human rights

19. JS7 observed a misuse or abuse of budget formulation authority and was concerned that the government budget plan for Fiscal Year 2017 had a substantial reduction of about 6% for Ryukyu/Okinawa's development, compared with the initial budget for Fiscal Year 2016.

2. Civil and Political Rights

Fundamental freedoms and the right to participate in public and political life

26. HRN was concerned about the attempted state control of media and journalism, that may impact its independence through suggestions that it could revoke licenses based on Article 4 of the Broadcast Act, which called on broadcasters to be politically neutral and not distort facts. It urged refraining from misapplying the Act and reviewing the Specially Designated Secrets Act “SDA”. JS2 noted interference and forcible removal of journalists reporting the protest activities in Henoko and Takae and recommended Japan to guarantee the independence of media and press freedom including through conducting human rights training for law enforcement officers. JS2 was concerned the Japanese police used oppressive and violent measures against protesters and encouraged Japan to ensure and guarantee the freedom of peaceful assembly and expression particularly in Okinawa.

3. Economic, Social and Cultural Rights

Right to health

41. JS2 and JS14 were concerned that the United States (U.S.) military bases continued to cause grave health, environmental and social problems in Okinawa including “noise pollution”, aircraft related accidents, and land contamination. JS14 urged Japan to: conduct a survey on the safety of residents; to take effective measures, including the creation of “clear zones” at Futenma to protect and remedy the damage inflicted upon the local people; to approve on-site inspections in third country bases and training areas by the local government and civil society; to enact legal amendments necessary to protect the right of local residents to access water sources free from contamination; to conduct full-scale investigation of possible consequences of water contamination caused by constructing Self- Defense Forces (SDF) bases in the Miyako Islands and to publicize all findings.

Right to education

43. ACSILs called for inclusion of references to the historical existence of Lew Chew as an independent nation in textbooks. JS7 and JS11 were concerned that education textbooks did not adequately reflect the history and culture of the Ryūkyūans, urging the government to provide appropriate opportunities to receive education in the language of Ryukyu/Okinawa. JS7 recommended establishing an independent mechanism to monitor contemporary forms of discrimination against the people of Ryukyu/Okinawa.

4. Rights of specific persons or groups

Women

47. JS12 noted that the number of U.S. military personnel in Okinawa was 68.4% of the total of the U.S. Forces in Japan. It was concerned that since the arrival of the Forces in 1945, sexual assault cases targeting women had not stopped and continued to threaten the safety of the women of Okinawa. It requested Japan to conduct a factual investigation and announce results on the exact measures taken by U.S. Forces in a transparent way, particularly those in Okinawa, similar to the reform made to the Bonn Agreement to allow the appropriate country's police to carry out a proper investigation on behalf of the victims of sexual assaults committed by American military personnel.

Minorities and indigenous peoples

60. AIPR, JS2, JS7 and JS11 were concerned Japan had neither recognized Ryukyuans as an indigenous people, nor taken measures to protect their traditional culture, history and language, JS2, JS7 and JS14 urged Japan to recognize the people of Ryukyu/Okinawa as indigenous people, and to take concrete measures to protect their rights to their traditional land and natural resources, ensuring respect for their right to engage in free, prior and informed consent in policies that affect them.

65. JS11 noted Japan voted in favor of adopting the United Nations Declaration of the Rights of Indigenous Peoples, but did not recognize the unconditional right to self- determination. JS14 and ACSILs were concerned that the Government is constructing new bases and facilities for the U.S. military and its SDF, despite local opposition. The construction of this new air base in Henoko and “helipads” for MV-22 Osprey aircraft in Takae in northern Okinawa Island impacted both the people living in those areas and the biodiversity-rich environment. The construction could also jeopardize the northern part of Okinawa Island’s bid for UNESCO’s World Natural Heritage status. They recommended to stop immediately the construction and start the immediate demilitarization and decolonization of Lew Chew.

2017年10月4日水曜日

日本語パンフレット作成のためのクラウドファンディングを始めました。

日本語パンフレット作成のためのクラウドファンディングを始めました。

「国連特別報告者により作成された集会の適切な管理に関する日本語パンフレットを作成したい」 ← こちらをクリックしてください



 この報告書は、国連の集会・結社の自由に関する特別報告者と超法規的・恣意的な処刑に関する特別報告者が、集会の適切なマネジメントに関する基本原則について、国際人権法の原則に基づいて共同でまとめたものです。私たちは、この基本原則は沖縄の辺野古で行われている新基地建設に反対する平和的抗議活動の適切な管理という観点から、日本政府も市民社会も参照すべき大変重要なものだと考えています。

 辺野古での抗議活動に参加する市民に対する取り締まりは、この共同報告書で述べられている集会の適切な管理の基本原則とは乖離があり、国際人権法の観点からすれば多くの問題点が存在することは明らかです。研究会では、ぜひこの共同報告書をわかりやすい日本語パンフレットとしてまとめ、沖縄県内外の一人でも多くの市民の手に届けたいと思っています。

なお、クラウドファンディングを介さない直接のご支援も歓迎します。
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