In its Opinion No. 55/2018 issued on 27th
December 2018, WGAD states the arrest and the detention of Yamashiro Hiroji, a
leader of protest movement against the construction of a new U.S. military base
in Okinawa, constitute a violation of international human rights law on the
grounds of discrimination based on political views. It also states that deprivation
of liberty of Mr. Yamashiro due to his arrest and prolonged detention is
arbitrary, violating the Universal Declaration of Human Rights and the
International Covenant on Civil and Political rights. It further requests the Government of Japan to take
steps to remedy the situation of Mr. Yamashiro without delay and suggests the
appropriate remedies to be to release Mr. Yamashiro unconditionally and to accord him an enforceable right to
compensation and other reparations. It also urges the Government of Japan to
conduct an investigation by an independent organization on the arrest and the detention
of Mr. Yamashiro, to take appropriate
measures against those who are responsible for the violation of his rights, and to disseminate the Opinion
to the public as widely as possible.
Although more than a year has passed since the
adoption of this Opinion, above mentioned requests have not been met. In the
meantime, the Supreme Court dismissed his final appeal on April 22nd,
2019, which made the judgement final. However, the final judgement made by the judicial
system of Japan cannot be and must not be the reason for the Government of
Japan to stay silent on the recommendation and the requests made by WGAD.
Rather, the importance of conducting an independent investigation and of according Mr. Yamashiro the right
to reparation has increased.
On the day Fukuoka High Court made a decision,
Mr. Yamashiro made a speech in front of his supporters and media, throwing a
question “We don’t even have any right to resist or the right to object against
the government’s decisions?” The very next day, soil and sand were dumped into
the ocean for the first time where the new Henoko base is to be built. The article 19 and 20 of the International
Covenant on Civil and Political rights which Japan ratified, guarantees freedom
of opinion and the right to express opinions in demonstrations and protests
even if those opinions are not in line with the official government policy. However, in the land of Okinawa, those rights are being trampled by
landfill and the judicial system. In the election of Human Rights Council held
in 2019, the Government of Japan announced its pledges to respect the
constructive dialogues with the Special Procedures (WGAD is one of the Special
Procedures) and to continue to offer its cooperation. All Okinawa Council for
Human Rights requests the Government of Japan to take the Opinion made by the
WGAD seriously and promptly implement the recommendations illustrated in the
Opinion without delay, as pledged. We also urge the Government of Japan to
accept the country visit by WGAD which WGAD has repeatedly requested and to ask
for their advice.
March 18, 2020
All
Okinawa Council for Human Rights
Co-Chairs
Jun Shimabukuro, Eiichi Hoshino
