UPR-Info 個人通報制度の即時批准と
公選法・国家公務員法の撤回を求めた当会の発言を重視
8月30日2012年：UPR予備審査（ジュネーブ）にて
NGOもプロジェクトピース９に関心示す
言論・表現を守る会スピーチ全文（後半）
Draft Statement
To UPR Info Session Participants:
Ⅱ For Repealing the Public Office Election Law and the State Personnel Law
(Article 102)
The Human Rights Committee in 2008 recommended to the Japanese government the abrogation of these two laws. Their repeal is essential for establishing political rights of the Japanese people. A just and fair election of members of parliament who make laws is the surest way to realize the aspiration of all those who are taking up human rights challenges. And it is essential for peace in Asia and the world to achieve a major change in the governmental policy on human rights and turn Japan, an aggressor country in the WWII, into a country respectful of human rights.
In Japan, the Foreign Ministry, the judiciary and the prosecution continue to totally ignore the Human Rights Committees 2008 recommendation (paragraph 26).
Mr. Horikoshi, charged of violation of the Public Personnel Law, was judged not guilty by the High Court, but the Court did not give any decision about the ICCPR violation. The presiding judge did not accept to take 22 videos secretly taken by police agents as material evidence for the crime committed by the police. Tokyo High Public Prosecutor Haruo Kazama appealed to the Supreme Court and was later promoted to Supreme Public Prosecutor General.
In 2011, Mr. Katsuhisa Fujita, teacher at Itabashi Tokyo Metropolitan High School was fined 200,000 yen (1800 dollars),by the supreme court for having disobeyed the education board order to sing “Kimigayo” song at school ceremonies. Over 700 public school teachers who refused to stand up and sing “Kimigayo” and suffered prejudicial treatment took their cases to court. In 10 out of 21 such cases, teachers lost the legal battle in Supreme Court in total disregard of the ICCPR. The Court decisions are used to impose “Hinomaru” flag and “Kimigayo” song on school children.
On the pretext of these unfair Supr
eme Court decisions, the Ministry of Education allows Osaka City Mayor to enact a bylaw banning any political activity of teachers and municipal personnel, through amendment of the Local Public personnel law by invoking Article 102 of the State Personnel Law.
As it is escalating its action against freedom of speech and thought, the Government in the parliament in session at this moment is attempting to pass a law to reduce the proportional representation seats by 80 to enable it to scrap Article 9 of the Constitution and give the decisive blow to democracy in our country. This is a threat against the international community.
On the basis of what is stated above, we suggest the following recommendations to be issued to the Government of Japan:
1. To immediately ratify the individual communication system to establish the separation of powers, paving the way to the application of the Universal Declaration of Human Rights and International Human Rights Covenants and turning the country into a state ruled by law, respectful of universal fundamental human rights;
2. To repeal Public Office Election Law provisions concerning freedom of expression (ban on distribution of flyers and door-to-door visits) and the State Personnel Law (Article 102) to establish political rights, foundation of any democratic state.
3. To guarantee the right to seek refuge of children of Fukushima and drastically improve their health management and to immediately ratify paragraphs 2-B and C of Article 13 of the International Covenant on Economic, Social and Cultural Rights, to cope with the situation of growing poverty of children where a thousand of them commit suicide in 2011.
