Japanese : https://i-rich.org/?p=2196
Yamamoto Yumiko,
Director, International Research Institute of Controversial Histories (iRICH)
Don’t destroy the country while observing the Recommendations
In October 2024, at the United Nations Headquarters in Geneva, the 89th session of the Committee on the Elimination of Discrimination Against Women was held. At that session, the issues of Japan were examined after an eight-year pause. I attended the meeting as an NGO member and participated in joint activities with several groups, which have a cooperative relationship with us. After the session was over, the Committee announced the overall statement. In the statement, the Committee mentioned various recommendations, including the one referring to the revision of the Imperial House Law that designates the male member in the male lineage of the Imperial Family as a successor to the throne.
The Committee on the Convention and NGO
The United Nations Committees on human rights treaties, conventions and covenants, are used as venues by various NGOs that are not satisfied with their countries’ current situation to initiate changes in the system or the laws. They appeal to the Committee as a victim or a supporter of a certain human rights issue. The Committee members follow the NGO statements on the premise that in those cases, citizens are oppressed by the State. The task of the human rights experts chosen from all over the world is to save the weak.
Every few years, states that conclude human rights treaties are to be examined by the committee on the treaty as to how the treaty is properly carried out. Everyone that claims to be an NGO member can attend the examination committee and speak at the session held at the United Nations, Geneva. The most active NGOs at the United Nations arena are the so-called leftist liberal civil groups. Particularly, Japan has the overwhelmingly large number of participating NGOs. At the Committee on the Elimination of the Discrimination Against Women, over 40 NGOs had submitted their statements beforehand. Roughly 30 NGO groups spoke at the Geneva session and there were nearly 100 participants at the examination meeting concerning Japan. Among them, the so-called conservative NGOs, including our Institute, were 13, which means that nearly 90% were leftist NGOs and those who are linked with them. Even so, in fact, ten years ago, there were no conservative NGOs among the attendants.
Recommendations announced by the Committee in its overall statement have no legally binding power. However, in Japan, where there has been deep-rooted worship for the United Nations, the U.N. Recommendations have overwhelming effect because many people misunderstand that if the UN Recommendations are to be left unfulfilled, Japan would be left behind by the international community.
First, there is a treaty and then follow up recommendations
It is extremely difficult to refute the issue that has been recommended in the overall statement and to have the recommendations withdrawn. That is because the recommendations follow the treaty. For instance, the Japanese military comfort women issue. However laboriously Japan explains that comfort women were not forcibly abducted nor sexual slaves and that they were licensed prostitutes based on the contract, the Recommendation asking for measures to save former comfort women is not to be changed. This is because in Article 6 of the Convention on the Elimination of All Forms of Discrimination Against Women states: “States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.” If we make the point that allowing a husband and wife to have a different family name damages the traditional family bond and nullifies the family register system, the U.N. Committee still recommends that a husband and wife should have a different family name, citing Article 16-1 (g) “the same personal rights as husband and wife, including the right to choose a family name.”
In the sixty paragraphs of the overall statement issued this time, various other recommendations were included. For example, under the “sexual reproductive health right, girls aged 16 and older shall have access to birth control, abortion and abortive pills without the consent of their parent or spouse.” This recommendation is along Article 12-1: “...in the field of health care in order to ensure on a basis of equality of men and women, access to health care services, including those related to family planning.”
Recommendation related to the Imperial House Law
Japan concluded the Convention on the Elimination of Discrimination Against Women in 1985. Prior to the conclusion of the Convention, on May 29 at the 102nd Diplomatic Committee of the House of Representatives, the then Foreign Minister Abe Shinzo stated regarding the relationship between the Convention and the Japanese Imperial House Law, “The succession to the Throne is restricted to a male offspring in the male line belonging to the Imperial Lineage and this does not constitute discrimination against women defined in Article 1 of this Convention.” The Japanese Government was aware of the possibility of raising a question related to the Imperial House Law, prior to the conclusion of this Convention.
In 2001, Princess Aiko was born and two years later, in 2003, Committee member Mr. Enrique A. Manalo from the Philippines during the examination meeting over Japan asked about the Japanese Imperial House for the first time. “Have the Japanese Imperial House and the Japanese Government ever discussed the revision of the Imperial House Law so that Princess Aiko may become female Emperor?” The overall statement that time did not mention the Japanese Imperial Law.
In the 2016 examination over Japan, no mention was made at all about the Imperial House Law. Nevertheless, the overall statement about to be announced after the examination was nearly ready to include a recommendation that “the male succession in the male lineage in the Imperial House Law is discriminatory against women.” To mention in the overall statement an issue which was not discussed during the examination creates a procedural problem. The Japanese Government protested the reference and the part in question was deleted before the public announcement.
Then, a surprise attack occurred. In the advance list of questions to the Japanese Government announced by the Committee dated March 9, 2020, a question was asked about the Imperial House Law, “Explain in detail measures to be taken anticipating that female succession to the Throne can be a possibility.” Japanese NGO, Public Incorporated Association “Jiyu Jinken Kyokai (Free Human Rights Association) had submitted their statement that “The Imperial House Law allows only a male member in the male lineage of the Imperial Family to succeed to the Throne and this is applicable to the definition of discrimination against women in the Convention on the Elimination of All Forms of Discrimination Against Women.” The Committee had taken up their statement for examination.
In response to the advance list of questions, the Japanese Government replied in the ninth Government report in September 2021:
“Our Imperial House system and Royal systems in various countries in the world have been maintained to this day, based on the respective national history and tradition, supported by the people. The method of succession to the Throne should be, as defined in the Imperial House Law, a fundamental matter concerning the foundation of the State. In the light of the objective of this Convention aiming to eliminate discrimination against women, it is not appropriate for the Committee to address Japan’s Imperial House Law.”
It was well anticipated that during the examination over Japan to be held in October 2024 in Geneva, the Committee would deal with the Imperial House Law. Hopefully, the Society of the People’s Union to Preserve the Imperial Lineage (male in the male lineage), led by Chairperson Ms. Katsuragi Nami, was to act against the Committee. They submitted their statement in advance, participated in the meeting, spoke as an NGO at the open session, submitted an additional statement and handed out a brochure to the Committee members. We hope the material and information explaining that the Imperial House Law has nothing to do with the discrimination against women were fully understood by the Committee members.
Against our efforts and expectation, the Committee made the following recommendation to the Japanese Government regarding the Imperial House Law in the overall findings announced after the examination session:
“The Committee recommends the State Party to pay attention to the good examples of other States Parties that have revised the method of succession to the throne to ensure the equality of men and women, revise the Imperial House Law so that the equality of men and women may be guaranteed in the succession to the throne.”
The Committee regarded the Imperial House Law as the issue concerned to Article 1 of the Convention, “equality of men and women in the political, economic, social, cultural, civil or any other field,” and Article 2 (a) “To embody the principle of the equality of men and women, in their national constitutions or other appropriate legislation.” Thus, it became clear again that the Committee does not consider the States Parties’ national character, culture, tradition or history.
Don’t destroy the country while observing the Recommendations
My first visit to the United Nations in Geneva was in 2014 when the examination over Japan of the Committee on the Civil and Political Rights was held. My purpose was to convey our view that comfort women were not sexual slaves to the Committee that was led to hold the view that they were sexual slaves. The Committee members are experts chosen across the world. They had been informed one-sidedly by the Japanese leftist groups. We had expected that if we told them the truth backed by the right arguments, they would have better understanding of the issue. After we acted at several other Committees on the conventions, we came to realize that the real issue was the Convention itself. The Committee members’ work is to issue recommendations following the Convention. The members follow liberal feminist thinking. Under the red convention, members of red experts adopt Japanese red NGOs’ views and issue red recommendations. This is how the Committee works. They listen to the counter arguments but are never persuaded to take them into account. Is it a good idea for Japan to remain a State Party to the Convention on the Elimination of All Forms of Discrimination Against Women? If it is not a State Party, a state is not subject to the examination or recommendation. The recommendation related to the revision of the Imperial House Law this time totally lacks any respect or reverence to the Imperial House. I think it a sufficient reason to rescind the Convention. I have experienced the extremely abnormal atmosphere in the conference room where the examination over Japan was held at the United Nations, Geneva. I hope from the bottom of my heart to absolutely avoid such a situation in which Japan is covered up with that eerie atmosphere and ceases to be Japan.