Statement to urge the Government of Japan to promptly implement Opinion No. 55/2018 adopted by the UN Working Group on Arbitrary Detention (WGAD) concerning Yamashiro Hiroji, and to accept the Country Visit by WGAD

  In its Opinion No. 55/2018 issued on 27^th 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 22^nd, 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