Kiyoshi Harada
Japanese Society for Rehabilitation of Persons with Disabilities

Outline of the First Review of the Convention’s Status in Japan

The first review of the status of the implementation of the Convention on the Rights of Persons with Disabilities in Japan was held from August 22 to 23, 2022 at the 27th Session of the Committee on the Rights of Persons with Disabilities at the United Nations Headquarters in Geneva, Switzerland.  This review of the First Government Report submitted by Japan in 2017 was based on Article 36 of the Convention.  The delegation from the Government of Japan consisted of the Ministry of Foreign Affairs, the Cabinet Office, the Ministry of Internal Affairs and Communications, the Ministry of Justice, the Ministry of Education, Culture, Sports, Science and Technology, the Ministry of Health, Labour and Welfare, the Ministry of Land, Infrastructure, Transport and Tourism, and the Permanent Mission of Japan to the International Organizations in Geneva.  From the civil society, more than 100 people attended from several organizations, including the Japan Disability Forum (JDF) and the Japan Federation of Bar Associations.  In addition to the constructive dialogue between the committee members and the representatives of the government, a private briefing was held in which members of civil society can express their opinions directly to the committee members.  At the end of the session on September 9, 2022, the concluding observations containing recommendations were announced.

To participate in this review, the author was dispatched by the JDF and its constituent organization and secretariat, the Japanese Society for Rehabilitation of Persons with Disabilities.

Participation of More Than 100 Civil Society Organizations and Stakeholders from Japan

Compared with past reviews in the committee, it seems that it was unprecedented that so many people from civil society participated.  I think that behind this was a consciousness among many civil society organizations, mainly organizations of persons with disabilities, that they have participated in the process of making conventions and domestic legislation together, such as the Ad Hoc Committee (2002-2006), which was held eight times by UN member states to discuss the adoption of the Convention, and the reform of the system for persons with disabilities toward domestic ratification.

In the aforementioned private briefing, a total of eight organizations, including the JDF and the Japan Federation of Bar Associations, participated.  In order to be able to effectively express our opinions within the limited time, before the trip we held meetings and practiced our speeches, while paying attention to the allotted time and order of each speech.

In addition, while the COVID-19 infection had not yet subsided, we were required to present a negative certificate upon arriving in Japan.  Therefore, we, in the JDF which dispatched many persons with disabilities, shared advance information regarding PCR tests in Geneva and on countermeasures in case someone got infected.

Activities of Civil Society Organizations during Our Stay

In Geneva, we participated in the aforementioned private briefings, had individual discussions with the committee members (lobbying), and listened to the constructive dialogue.

The private briefing is an official program of the review, but the content is not disclosed.  It was held twice on August 19 and 22, 2022.  In the first session, after each organization expressed its opinion, the committee members asked questions verbally.  After the session, the questions were immediately translated into Japanese, shared among civil society organizations, and responses were prepared.  We agreed which group should respond in what order, and in the second round we responded verbally, as well as in writing, to the committee members.

Each group also did informal lobbying activities.  At the JDF, we had an exchange of opinions with Vice-Chair Jonas Ruskus (Lithuania) and Vice-Chair Kim Miyeon (Korea), who are in charge of the review for Japan.  I would like to thank both of them for accommodating us despite their extremely busy schedules.

A scene of constructive dialogue.  International sign language and English subtitles are projected on the front screen

Observing Constructive Dialogue

The constructive dialogue was done by dividing the group according to the three clusters based on the Convention’s Articles 1-10, 11-20 and 21-33.  Government delegations also responded to questions from the committee members.  Each member asked incisive questions that accurately captured the issues raised by civil society.  The government carefully responded, taking into consideration the interpretation and information accessibility.  Basically, they explained the measures currently being implemented.  I think there were times the dialogue did not go smoothly, as the government responded with general explanations of the measures to the committee members’ specific questions relative to the contents of the Convention.  Due to the time constraints, some of the questions were to be answered in writing by the government on a later date.  At the end of the second day, Vice-Chair Kim Miyeon made the closing remarks, saying, “It is recommended that Japan, as a state party, will continue to collaborate with persons with disabilities, their organizations and their families who have devoted themselves to human rights and freedom throughout their lives.” (Abridged translation)  Her tearful remarks generated much applause.

After the meeting, the members from the committee and the civil society took commemorative photos in the conference hall.  This constructive dialogue is open to the public on the website of the Committee on the Rights of Persons with Disabilities, as well as the press release outlining it.

Concluding Observations from the Committee

The concluding observations on Japan were published on September 9, 2022 at the end of the session as the “prior unedited version.”  It has 18 A4-sized pages and consists of the preface, positive developments, concerns and recommendations, and follow-up (future procedures, etc.).  Positive developments include:

• the Act on the Measures to Promote Information Accessibility and Communication for Persons with Disabilities,
• the Amended Act to Eliminate Discrimination against Persons with Disabilities,
• the Act on Telephone Relay Service,
• the Act concerning the Payment of Lump-sum Grants to Persons Undergoing Eugenic Surgery Based on the Former Eugenic Protection Law,
• the Amended Barrier-free Act,
• the Universal Society Promotion Act,
• the Act on the Promotion of Cultural and Artistic Activities for Persons with Disabilities,
• the Amended Act to Facilitate the Employment of Persons with Disabilities,
• and several administrative guidelines and plans.

The main part of the concluding observations are the concerns and recommendations stated in Articles 1-33.  The contents are wide-ranging, but in particular, the issues related to inclusive education, psychiatric care (including involuntary commitment and long-term hospitalization), institutionalization and transition to living in the community, and issues related to complex and intersectional discrimination against women with disabilities.  A detailed analysis is yet to come, but the content broadly reflects information from civil society.

In the follow-up, Japan is requested to submit the next report (a summary of the second to fourth periodic reports) by February 2028.  An advance questionnaire will be announced not later than a year before the deadline.

Future Activities in Response to Concluding Observations

It is important to make use of the recommendations of the concluding observations to promote the implementation of the Convention and make real a society that is comfortable for everyone to live in, which is the goal of the Convention.

The promotion and monitoring of the implementation of the Convention in Japan is supposed to be carried out by the Commission on Policy for Persons with Disabilities under the Basic Plan for Persons with Disabilities.  In the future, the judicial and legislative fields that the Plan does not cover (or difficult for the Plan to cover), as well as the promotion of implementation in local governments, will be the core issues.  In addition, the ratification of the Optional Protocol and the creation of national human rights institutions are also challenges common to other human rights issues.

Together with Vice-Chair Ruskus, about 1,000 people attended the JDF debriefing session held on September 20, 2022.  The question is how we can bring such great attention and enthusiasm to future activities.

Based on the concluding observations, the JDF will promptly formulate a plan for the future, and will continue to promote activities in cooperation with relevant organizations in wide-ranging fields and local groups.  Partnerships with the government ministries and agencies and the All-party Parliamentary Group for the Promotion of the United Nations Convention on the Rights of Persons with Disabilities, which have continued since the days of the Ad Hoc Committee, are also important.  Lastly, the JDF’s projects related to the Convention continue to receive joint grants from corporate foundations coordinated by the Japan Foundation Center from the time of the Ad Hoc Committee to our recent participation in Geneva.  I would like to take this opportunity to express my gratitude to them.