Indigenous Human Rights Impact Project s1

Indigenous Human Rights Impact Project

QUESTIONNAIRE
Indigenous ORGANISATIONS / NETWORKS and other CIVIL SOCIETY ACTORS FOR Japan

This questionnaire is designed to collect information on the level of engagement of Indigenous organisations with the Treaty Bodies and the Special Rapporteur on the Rights of Indigenous Peoples and to consider the actual impact of the recommendations made by these human rights mechanisms on a country-by-country basis.

The questionnaire is composed of two parts:

Part I: consists in a series of general questions on the level of awareness and engagement of organisations with the Treaty Bodies.

Part II: consists in a series of questions related to the status of implementation of selected recommendations adopted by the Treaty Bodies and Special Rapporteur on the Rights of Indigenous Peoples dealing with indigenous peoples’ rights.

Data provided by your organisation will be used for the sole purpose of this research project and attributed generally unless specified otherwise in Question 2.

PART I: GENERAL QUESTIONS

1. What is the name, location, activities and geographic scope of your organisation?

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2. Do you authorise the research team to mention the name your organisation in the Study?

□ Yes □ No

Awareness LEVEL

3. With which of these international human rights mechanisms is your organisation familiar?

□ Treaty Bodies (The Treaty Bodies are committees of experts that monitor implementation of the core international human rights treaties including the International Covenant on Civil and Political Rights the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Elimination of All Forms of Racial Discrimination)

□ Special Procedures (Special Procedures are human rights experts or Special Rapporteurs with mandates to report and advise on human rights from a thematic or country-specific perspective including the Special Rapporteur on the Rights of Indigenous Peoples.)

□ Universal Periodic Review (The Universal Periodic review is a process which involves a periodic review of the human rights records of all 193 UN Member States.)

4. Are you receiving regular information and updates on the work of Treaty Bodies?

□ Yes □ No

If yes, through which means? (Indigenous Peoples’ Centre for Documentation, Research and Information – DOCIP, Human Rights Treaty Bodies, or Office of the High Commission for Human Rights civil society newsletters…).

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If no, would you be interested in receiving regular information and updates on the work of Treaty Bodies?

□ Yes □ No

5. Is your organisation familiar with Treaty Bodies recommendations for Japan?

□ Yes □ No

If yes, how did you access them? If no, can you explain why?

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6. What activities have been undertaken by your organisation to raise awareness on these recommendations at the country level?

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ENGAGEMENT LEVEL

7. Has your organisation/network engaged in the past with the Treaty Bodies (for example by submitting public written information, participating in a session, following a session via webcasting?).

□ Yes □ No

If yes, can you please mention for which treaty bodies and for which years?

□ Human Rights Committee: Year(s): _____

□ Committee on Economic, Social and Cultural Rights: Year(s): ______

□ Committee on the Elimination of Racial Discrimination: Year(s): ____

□ Committee on the Elimination of Discrimination against Women: Year(s): _____

□ Committee against Torture: Year(s): _____

□ Committee on the Rights of the Child: Year(s): ____

□ Committee on Migrant Workers: Year(s): _____

□ Committee on the Rights of Persons with Disabilities: Year(s): ____

□ Committee on Enforced Disappearances: Year(s): _____

If no, could you please explain why? (For example, lack of awareness on the existence of these mechanisms, lack of financial capacity, lack of expertise, lack of time...).

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8. If your organisation/network engaged with the Treaty Bodies, could you describe your experience?

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9. If your organisation/network submitted written information to the Treaty Bodies, to what extent were your recommendations and concerns reflected in the final Concluding Observations of the Committee?

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10. Was your organisation consulted for the preparation of the States party reports / the National Human Rights Institution reports?

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FOLLOW UP AND MONITORING ACTIVITIES

11. What activities have been undertaken by your organisation to follow up/ monitor the implementation of these recommendations? Which other civil society, states or United Nations actors did you involve?

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12. How is your organisation/network using the recommendations made by the Treaty Bodies and Special Rapporteur on the Rights of Indigenous Peoples?

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13. What are some of the obstacles your organisation/ network has encountered in following up on these recommendations?

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14. What are some of the factors that facilitated your organisation/ network following up on these recommendations?

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RECOMMENDATIONS

15. What are your recommendations to raise awareness on the work of the Treaty Bodies and/or the Special Rapporteur on Indigenous Peoples, amongst indigenous organisations?

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16. Please include below any other information, best practises, lesson learnt or proposals you would like to share in relation to follow up /implementation of recommendations dealing with the promotion and protection of indigenous peoples rights.

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PART II: STATUS OF Implementation of Concluding Observations on indigenous peoples rights in Japan

What is your view on the status of implementation of the following Treaty Bodies recommendations addressed to Japan? Please provide supporting explanations for your answers. With regard to the recommendations partially implemented/under progress, could you please explain what has been achieved so far? With regard to the recommendations which were also recommended by other actors, to what extent do you think the recommendation made by the Treaty Bodies triggered action on the part of the States government?

Please note that the full texts of referenced observations can be found in the following documents:

Committee on the Elimination of Racial Discrimination (CERD)

2001 CERD/C/304/Add.114

2010 CERD/C/JPN/CO/3-6

2014 CERD/C/JPN/CO/7-9

Early Warning Urgent Action (EWUA)

Letter 31/08/2012

Human Rights Committee (CCPR)

2008 CCPR/C/JPN/CO/5

2014 CCPR/C/JPN/CO/6

Committee on Economic, Social and Cultural Rights (CESCR)

2001 E/C.12/1/Add.67

2013 E/C.12/JPN/CO/3

Committee on the Elimination of Discrimination against Women (CEDAW)

2009 CEDAW/C/JPN/CO/6

PROMOTION AND PROTECTION OF INDIGENOUS RIGHTS

1. Recognition of the Ainu and Ryukyu/Okinawa as indigenous peoples in domestic legislation (Para 32, CCPR 2008) Recognition of the Ryukyu as indigenous peoples (Para 21, CERD 2014).