Japanese Academics’ Open Letter to UN High Comissioner on David Kaye’s “Preliminary Report”

May 2, 2017
Japanese Academics’ Open Letter to the United Nations High Commissioner for
Human Rights on the April 19, 2016 “Preliminary Report by UN Special Rapporteur
Professor David Kaye on the Right to Freedom of Opinion and Expression in Japan”
Your Highness Prince Zeid bin Ra’ad aI-Hussein,
We respect your tremendous efforts over the past several decades in the field
of international human rights. We particularly appreciate your great contribution in
establishing the International Criminal Court (ICC-CPI) in 2003. Today, we issue our
statement on UN Special Rapporteur on the Promotion and Protection of the Right to
Freedom of Opinion and Expression David Kaye’s April 19, 2016 Preliminary Report on
the Right to Freedom of Opinion and Expression in Japan (attached hereto). Given your
long history of tireless work for justice and fairness, we respectfully ask that you read
our statement.
As we mention therein, we regret to say that we are very much disappointed
with UN Special Rapporteur on the Promotion and Protection of the Right to Freedom
of Opinion and Expression David Kaye’s Preliminary Report on the Right to Freedom of
Opinion and Expression in Japan. Prof. Kaye is very likely prejudiced against the Abe
Administration; accordingly, his views are heavily biased, and his Report does a great
disservice to the United Nations Human Rights Council which you so admirably
oversee.
The extremely deleterious effects of UN Special Rapporteur David Kaye’s
Preliminary Report are already evident in the Country Reports on Human Rights
Practices for 2016 by the United States Department of State (published March 3, 2017).
In the Japan-related section of this report, the State Department referred to UN Special
Rapporteur David Kaye’s Preliminary Report in proclaiming that “the independence of
the [Japanese] press is facing serious threat.” In fact, this kind of expression is radically
at odds with the actual situation of freedom of speech in Japan.
The Japanese Ministry of Foreign Affairs lodged a protest against the US Department
of State soon after the announcement of the latter’s Country Report on Human Rights.
Japanese Foreign Minister KISHIDA Fumio alerted US Secretary of State Rex Tillerson,
who visited Japan on March 16, 2017, to the existence of factual errors based on David
Kaye’s Preliminary Report in the Country Report on Human Rights. Moreover, on
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March 17, 2017, the Japanese government arrived at a Cabinet-level decision that the
points mentioned in the US State Department’s Country Report on Human Rights for
Japan were totally fallacious. We strongly support the Japanese government’s stance on
this issue.
Professor Kaye’s Preliminary Report, however, was made based on his
interviews with a limited number of journalists when he visited Japan for just one week.
The choice of journalists lacks balance, and was made according to political
considerations and expediencies. As a result, the academic analysis in his preliminary
report is sorely lacking.
In a much broader sense, we are seriously concerned that UN Rapporteur
Professor Kaye’s Report might become a second Coomaraswamy Report, which was
submitted to the UN Commission on Human Rights in 1994. The Coomaraswamy
Report is replete with many grave errors of fact. And yet, because of the Report’s
association with the United Nations, these grave errors have come into currency
throughout the world. As a result, the dignity of Japan and the Japanese public in the
international community has been immensely damaged for more than two decades. We
request that the United Nations Human Rights Council (UNHRC) withdraw the
Coomaraswamy Report and appoint a new UN Special Rapporteur on the comfort
women issue in order to draft a new report free from factual error.
Failing this, the fairness and impartiality of the United Nations Human
Rights Council (UNHRC) remain in question. We join you in the sincere hope that the
reputation of the UNHRC be no further besmirched by inaccuracies, biases, and other
distortions.
Sincerely yours,
(10 Initiators)
-FUJIOKA Nobukatsu; Visiting Professor, Takushoku University
-ICHIMURA Shinichi; Professor Emeritus, Kyoto University
-ITO Takashi; Professor Emeritus, University of Tokyo
-KOBORI Keiichiro; Professor Emeritus, University of Tokyo
-NISHIO Kanji; Professor Emeritus, University of Electro-Communications
-SHIMADA Haruo; Professor Emeritus, Keio University
-TANAKA Hidemichi; Professor Emeritus, Tohoku University
-WATANABE Shoichi; Professor Emeritus, Sophia University (passed away on April 17)
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-WATANABE Toshio, Professor Emeritus, Tokyo Institute of Technology
-YAMASHITA Eiji; Professor Emeritus, Osaka City University
Gn alphabetical order)
(36 Supporters)
-AOYAGI Takehiko; Professor Emeritus, International University of Japan
-ARAI Koichiro; Professor, Aichi Gakuin University
-HARA Satoshi; Professor, Kyoto University of Foreign Studies
-HARADA Hiroo; Professor, Senshu University
-HIGUCHI, Ryuichi; Professor Emeritus, Meiji Gakuin University
-HIGUCHI Tsuneharu; Professor, Tokiwa University
-INAMURA Kobo; Former Professor, Chuo University
-ISHIGAKI Yasuji; Former Professor, Tokai University
-ISOMAE Shuji; Professor, Meijo University
-ITO Kenichi; Chairman, Japan Forum on International Relations (Former Professor,
Aoyama Gakuin University)
-KAWAKUBO Tsuyoshi; Associate Professor, Reitaku University
-KINMONTH, Earl; Professor Emeritus, Taisho University
-KITAMURAYoshikazu; Professor Emeritus, Aichi University of Education
-KOYAMA Tsunemi; Professor Emeritus, Ohtsuki City College
-KUNO Jun; Lecturer, Meijo University
-MABUCHI Mutsuo; Former Professor, National Defense Academy of Japan
-MERA Koichi; Former Professor, University of Southern California
-MOMOCHI Akira; Professor Emeritus, Nippon University
-NAKAMURA Hiroshi; Professor Emeritus, National Defense Medical College
-NAKAYAMA Osamu; President, Reitaku University
-NISHIDATE Kazume; Professor, Iwate University
-NISHIMURAYozo; Professor, Ritsumeikan University
-NITTA Hitoshi; Professor, Kogakkan Univeristy
-NUKAYA Hideki; Professor, Hiroshima University of Economics
-OGAWA Rei; Professor, Nippon Medical School
-ORITA Kunio; Lecturer, Toyo Gakuen University