Japan’s Non-Compliance with UNHRC Suggestions

French expert on international human rights points out Japan’s non-compliance with repeated recommendations from UN Human Rights Committee

On 22^nd September 2024, Patricia Duval, French attorney specialised in international human rights law, sent a 29-page report titled “Japan: A Witch Hunt to Eradicate the Unification Church” to several UN offices. Bitter Winter, the leading international magazine on religious freedom and human rights published 25^th September 2024 an executive summary of the report. The day after, the magazine started publishing a 5-part series where Duval gives a more detailed description of the content.

Part 1 of comment on first article of Bitter Winter’s 5-part series 

See part 2: Terms from Consumer Law Used to Rob Faith and part 3: Dissolution Case: Wild Claims, Illegal Actions

See part 1 of comments on second article of Bitter Winter’s 5-part series: Activist Lawyers, Media Frenzy, Swayable Kishida

See part 2 of comments on second article of Bitter Winter’s 5-part series: Courts Using Debunked Concepts Against Minority

See part 1 of comments on third article of Bitter Winter’s 5-part series: Japan Clearly Violating Its Rights Commitments

See part 2 of comments on third article of Bitter Winter’s 5-part series: Key Religious Freedom: Right to Convert Others

See part 3 of comments on third article of Bitter Winter’s 5-part series: Lawyers Rely on Hazy Concept of “Undue Influence”

See part 1 of comments on fourth article of Bitter Winter’s 5-part series: Japan’s New Laws to Curb New Religious Movements

See part 2 of comments on fourth article of Bitter Winter’s 5-part series: New Law Designed to Bankrupt Family Federation

See part 1 of comments on fifth article of Bitter Winter’s 5-part series: Japan Copying Faith-Breaking Concepts of China

See part 2 of comments on fifth article of Bitter Winter’s 5-part series: Right to Spiritual Self-Determination Denied

See part 3 of comments on fifth article of Bitter Winter’s 5-part series: Gross Rights Violation: State-Run Faith-Breaking

Patricia Duval first mentions that this report follows up on a previous submission regarding abductions, forcible detentions and faith-breaking (also known as “deprogramming”) in Japan.

The submission was sent on behalf of victims of faith-breaking to the UN Special Rapporteur on Freedom of Religion or Belief on 23rd July 2013.

The current report addresses ongoing practices in Japan, which have led to “an avalanche of tort cases” where the Family Federation (formerly the Unification Church) was sued for damages. These cases were initiated by former followers who, after being deprogrammed, became apostates – persons who have abandoned their beliefs – and then were made to file complaints about “fraudulent and brainwashing evangelism”. Here, Duval refers to a ruling of the Kobe District Court, page 83, later upheld by the Osaka High Court. Such tort cases were later used as grounds for the authorities to begin proceedings for the dissolution of the Family Federation, in a case which is currently pending.

The 2013-report on faith-breaking contained documented cases and letters where victims made allegations. The report was also submitted to the UN Human Rights Committee. During its sixth periodic review of Japan in August 2014, the UN Human Rights Committee engaged with the Japanese government on this issue, despite the government’s attempts to dismiss the problem. Following the submission of evidence showing the authorities’ refusal to act, the Committee included the following recommendation in its Concluding Observations on 20th August 2014 (CCPR/C/JPN/CO/6):

“Abduction and forced de-conversion: The Committee is concerned at reports of abductions and forced confinement of converts to new religious movements by family members in efforts to de-convert them (arts. 2, 9, 18, 26). The State party should take effective measures to guarantee the right of every person not to be subjected to coercion that would impair his or her freedom to have or adopt a religion or belief.”

The same year, on 14th November 2014, Toru Goto, a victim of kidnapping, forcible detention for more than 12 years, and repeated attempts to break his faith, was awarded substantial damages in a civil case by the Tokyo High Court. The court ruled against his family and two deprogrammers for their inhuman mistreatment of Goto to make him abandon his faith. The court deemed the deprogramming conducted by pastor Yasutomo Matsunaga illegal and awarded compensation in proportion to the harm suffered. This decision was later upheld by the Supreme Court of Japan.

Although the practice of deprogramming seemed to have stopped afterward, efforts to wipe out the Family Federation and its members continued and have even intensified to this day. This report outlines a series of developments, including numerous tort cases – alleged civil wrongs that may have caused harm – leading to the threat of the dissolution of the Family Federation, the potential confiscation of its assets, the passage of two new laws specifically targeting the federation, the implementation of a new state-led faith-breaking for second-generation members, and other drastic instances of discrimination against its members.

It is important to highlight that over the years, the UN Human Rights Committee has consistently issued recommendations to the Japanese government regarding its unlawful restrictions justified on the grounds of “public welfare” on the right to freedom of religion or belief. In its recurring Concluding Observations in 2008, 2014, and 2022, the Committee reiterated its concerns. It called on Japan to address these issues (8th December 2008, CCPR/C/JPN/CO/5 §10; 20th August 2014, CCPR/C/JPN/CO/6; and 30th November 2022, CCPR/C/JPN/CO/7 §37):

Japan has not complied with these repeated suggestions. To this day, the Japanese Constitution retains provisions allowing human rights restrictions in the name of “public welfare” (Articles 12 and 13). Even more concerning is that the legal article the government is using to request the dissolution of the Family Federation explicitly refers to the violation of “public welfare” (Article 81(i) of the Religious Corporations Act).

Text: Knut Holdhus

See part 2: Terms from Consumer Law Used to Rob Faith and part 3: Dissolution Case: Wild Claims, Illegal Actions

See part 1 of comments on second article of Bitter Winter’s 5-part series: Activist Lawyers, Media Frenzy, Swayable Kishida

See part 2 of comments on second article of Bitter Winter’s 5-part series: Courts Using Debunked Concepts Against Minority

See part 1 of comments on third article of Bitter Winter’s 5-part series: Japan Clearly Violating Its Rights Commitments

See part 2 of comments on third article of Bitter Winter’s 5-part series: Key Religious Freedom: Right to Convert Others

See part 3 of comments on third article of Bitter Winter’s 5-part series: Lawyers Rely on Hazy Concept of “Undue Influence”

See part 1 of comments on fourth article of Bitter Winter’s 5-part series: Japan’s New Laws to Curb New Religious Movements

See part 2 of comments on fourth article of Bitter Winter’s 5-part series: New Law Designed to Bankrupt Family Federation

See part 1 of comments on fifth article of Bitter Winter’s 5-part series: Japan Copying Faith-Breaking Concepts of China

See part 2 of comments on fifth article of Bitter Winter’s 5-part series: Right to Spiritual Self-Determination Denied

See part 3 of comments on fifth article of Bitter Winter’s 5-part series: Gross Rights Violation: State-Run Faith-Breaking

Featured image above: Patricia Duval presenting her report in Geneva 25th September 2024. Photo: FOREF

Related to Japan’s non-compliance: Inhuman Government-Supported Mass Deprogramming

More, related to Japan’s non-compliance: Collusion to Rob Minority of Its Rights

And more, related to Japan’s non-compliance: State and Media Creating “Today’s Non-Citizens”

Still more, related to Japan’s non-compliance: Japan Criticized for Glaring Rights Violations

Even more, related to Japan’s non-compliance: Japan Following the Way of China

And still more, related to Japan’s non-compliance: 12 Religious Freedom NGOs Denouncing Japan

And even more, related to Japan’s non-compliance: Conference on Religious Freedom Violations

Still more, related to Japan’s non-compliance: Japan: Threat to Religious Freedom

Even more, related to Japan’s non-compliance: Call to End Witch Hunt

More, related to Japan’s non-compliance: Government’s Foul Play Pointed Out

More, related to Japan’s non-compliance: Japan: 4300 Abductions and Forcible Detentions

And more, related to Japan’s non-compliance: Illegalities of Activist Lawyers Exposed

Yet more, related to Japan’s non-compliance: Lawyers Manipulating, Coercing, Lying

Still more, related to Japan’s non-compliance: Biased Information from Leftwing Lawyers

Even more, related to Japan’s non-compliance: Dangerous Precedent to Crush Religions

Even more, related to Japan’s non-compliance: Kyodo News: 100s of Rights Violations Claimed

Even more, related to Japan’s non-compliance: Fabricated Torts Part of Wily Strategy in Japan