【Report】Written by I Gusti Bagus Dharma AGASTIA (PhD Student, Ritsumeikan University)

Implementing the International Convention on Elimination of Racial Discrimination (ICERD): The Case of Japan

On May 8, 2025, Prof. Shin Hae Bong of Aoyama Gakuin University gave a presentation on Implementing the International Convention on Elimination of Racial Discrimination (ICERD): The Case of Japan at Ritsumeikan University.

The International Convention on Elimination of Racial Discrimination (ICERD) was promulgated in 1965 to curb discrimination based on race and ethnicity globally. Since its inception, it has been ratified by 182 states. Japan acceded to the ICERD in 1995, almost thirty years after. Yet, despite Japan’s accession, there continues to be an absence of domestic regulations required to fully implement the ICERD. The absence is generally attributed to the perceived lack of conspicuous problems arising from racial discrimination. In this lecture, Professor Shin Hae Bong explores how questions of racial discrimination have been dealt with in Japan, even in the absence of implementing regulations.

Professor Shin first discussed existing patterns of racial discrimination in Japan, focusing primarily on discrimination faced by Buraku descendants, Korean descendants, and foreigners in general. These incidents indicate racial discrimination continues to occur in public spheres, necessitating a framework of implementing regulations to prevent its occurrence. In the absence of these regulations, Professor Shin argued, Japan has traditionally relied on interpretations of tort law in cases of racial discrimination. However, it does not explicitly prevent discrimination from occurring and still operates on a case-by-case basis.

Efforts have been made to formulate implementing regulations that comply with ICERD, but these efforts have their respective shortcomings. In 2016, Japan passed the Hate Speech Elimination Act (officially, “Act on the Promotion of Efforts to Eliminate Unfair Discriminatory Speech and Behaviour against Persons Originating from Outside Japan”), which was intended to prevent and criminalize hateful expressions against people of non-Japanese origins. However, Professor Shin contends the Act falls short of being a proper implementing instrument of ICERD

Professor Shin then compared Japan’s approach to other countries. Japan’s approach to implementing the ICERD stands in contrast to the more proactive and comprehensive attempts by other countries, such as Australia’s Race Discrimination Act and Canada’s comprehensive anti-discrimination legal framework. These approaches suggest these countries are systematically addressing racial discrimination and in doing so, fulfilling their responsibilities to comply with ICERD.

The lecture ended with participants engaging in small group discussions discussing their experiences with racial discrimination in Japan and comparing Japan’s legal practices with their own countries.

Written by I Gusti Bagus Dharma AGASTIA (PhD Student, Ritsumeikan University)