これまでの 委員会からの見解・勧告 / 日本政府からの報告・回答
CEDAW(44セッション)から 日本への最終見解書（Concluding observations）の見解と勧告
37. The Committee notes that some steps were taken by the State party to address
the situation of “comfort women” but regrets the State party’s failure to find a
lasting solution for the situation of “comfort women” victimized during the Second
World War and expresses concern at the deletion of references to this issue in school
38. The Committee reiterates its recommendation that the State party
urgently endeavour to find a lasting solution for the situation of “comfort
women” which would include the compensation of victims, the prosecution of
perpetrators and the education of the public about these crimes.
日本 から CEDAW への報告
4. Basic Position and Efforts of the Government of Japan on the issue
of “Comfort Women”
97. As this Convention does not apply to any issues that occurred prior to Japan’s
conclusion thereof (1985), the Government of Japan considers that it is not
appropriate for this report to take up the comfort women issue in terms of the
implementation of State Party’s duties regarding the Convention. However,
considering the reference to the “comfort women” issue during the deliberations at
the 44th Committee meeting in July 2009 and the Committee’s Concluding
Observations concerning Japan’s report, we would like to explain what efforts Japan
has thus far made on this issue.
98. During a certain period in the past, Japan caused tremendous damage and
suffering to people of many countries, particularly to those in Asian countries.
Squarely facing these historical facts, the Government of Japan has repeatedly
expressed its feelings of deep remorse and heartfelt apology, and expressed feelings
of sincere mourning for all victims of the war both in Japan and abroad.
99. With regard to the comfort women issue, Prime Minister Abe, in the same
manner as the Prime Ministers who proceeded him, is deeply pained to think of the
comfort women who experienced immeasurable pain and suffering beyond
description, which had been repeatedly expressed.
100. The Government of Japan has sincerely dealt with issues of compensation as
well as property and claims pertaining to the Second World War, including the
comfort women issue, under the San Francisco Peace Treaty, which the Government
of Japan concluded with 45 countries, including the United States, United Kingdom
and France, and through bilateral treaties, agreements and instruments. The issues of
claims of individuals, including former comfort women, have been legally settled
with the parties to these treaties, agreements and instruments. In particular, the
Agreement on the Settlement of Problems Concerning Property and Claims and on
Economic Co-operation between Japan and the Republic of Korea stipulates that
“problems concerning property, rights, and interests of the two Contracting Parties
and their nationals (including juridical persons) and concerning claims between the
Contracting Parties and their nationals … have been settled completely and finally.”
(Article II (paragraph 1)).
101. Nevertheless, recognizing that the comfort women issue was a grave affront to
the honour and dignity of a large number of women, the Government of Japan,
together with the people of Japan, seriously discussed what could be done to express
their sincere apologies and remorse to the former comfort women. As a result, the
people and the Government of Japan cooperated and together established the Asian
Women’s Fund (AWF) on July 19, 1995 to extend atonement from the Japanese
people to the former comfort women. To be specific, the AWF provided “atonement
money” (2 million yen per person) to former comfort women in the Republic of
Korea, the Philippines and Taiwan who were identified by their governments and
other bodies and wished to receive it. Moreover, the AWF provided funds for
medical and welfare support in those countries, financial support for building new
elder care facilities in Indonesia, and financial support for a welfare project which
helps to enhance the living conditions of those who suffered incurable physical and
psychological wounds during World War II in the Netherlands. The Government
provided a total of 4.8 billion yen for programs of the fund and offered the utmost
cooperation for support programs for comfort women, such as programs to offer
medical care and welfare support (a total of 1.122 billion yen) and a program to
offer atonement money from donations of the people of Japan. In addition, when the
atonement money was provided, the then-Prime Minister (namely PM Ryutaro
Hashimoto, PM Keizo Obuchi, PM Yoshiro Mori and PM Junichiro Koizumi), on
behalf of the Government, sent a signed letter expressing apologies and remorse
directly to each former comfort woman. While the AWF was disbanded in March
2007 with the termination of the project in Indonesia, the Government of Japan has
continued to implement follow-up activities of the fund.
102. Throughout history, women’s dignity and basic human rights have often been
infringed upon during the many wars and conflicts of the past. The Government of
Japan places paramount importance on and is committed to doing its utmost to
ensure that the 21st century is free from further violations of women’s dignity and basic human rights.
9. The Committee has been informed of recent public statements that there was
no evidence that proved the forcible removal of “comfort women”. Please comment
on this information. Please also indicate whether the State party intends to take
compensatory measures on behalf of “comfort women” in countries other than those
covered by the Asian Women’s Fund, including in China and Timor-Leste, and
prosecute the perpetrators. Please indicate whether the State party intends to
reintegrate into school textbooks references to the issue of “comfort women”, and
raise awareness among the population of the issue.
1. With the recognition that the comfort women issue continues to impact the development of Japan-ROK (Republic of Korea) relations, Governments of Japan and the ROK agreed at the Japan-ROK Summit Meeting held on November 2, 2015, to continue and accelerate consultations on the issue toward its conclusion as promptly as possible. Subsequently, intensive bilateral consultations, including the Director-General consultations between the diplomatic authorities of the two countries, were carried out. On December 28, the Foreign Ministers of Japan and the ROK met and made an announcement (see Attachment) at a joint press occasion. Later on the same day, the leaders of Japan and the ROK spoke over the telephone and confirmed the content of the announcement. With this agreement, the Government of Japan (GOJ) and the Government of the Republic of Korea confirmed that the issue of comfort women is resolved finally and irreversibly.
2. Under the above-mentioned circumstances, the GOJ answers the questions posed by the committee as follows:
(1) Regarding the question on the “recent public statements that there was no evidence that proved the forcible removal of ‘comfort women’ ”:
The GOJ has conducted a full-scale fact-finding study on the comfort women issue since the early 1990s when the issue started to be taken up as a political issue between Japan and the ROK. The fact-finding study included 1) research and investigation on related documents owned by relevant ministries and agencies of the GOJ, 2) document searches at the U.S. National Archives and Records Administration, as well as 3) hearings of relevant individuals including former military parties and managers of comfort stations and analysis of testimonies collected by the Korean Council. “Forceful taking away” of comfort women by the military and government authorities could not be confirmed in any of the documents that the GOJ was able to identify in the above-mentioned study.
(2) Regarding the question “whether the State party intends to take compensatory measures on behalf of ‘comfort women’ in countries other than those covered by the Asian Women’s Fund, including in China and Timor-Leste, and prosecute the perpetrators”:
The GOJ does not have such intention of doing so.
(3) Regarding the question “whether the State party intends to reintegrate into school textbooks references to the issue of ‘comfort women’, and raise awareness among the population of the issue”:
The GOJ is not in a position to answer the question on the specific contents which are taken up in school textbooks and how these contents are described, since the GOJ does not adopt a government-designated textbook system.
28. The Committee recalls its previous concluding observations (CEDAW/C/JPN/CO/6,paras. 37 and 38) and also refers to numerous recommendations on the unresolved issue of “comfort women” made by other United Nations human rights mechanisms such as the Committee on the Elimination of Racial Discrimination (CERD/C/JPN/CO/7-9), the Human Rights Committee (CCPR/C/JPN/CO/6), the Committee Against Torture
(CAT/C/JPN/CO/2), the Committee on Economic, Social and Cultural Rights (E/C.12/JPN/CO/3), several United Nations Special Procedures mandate holders of the Human Rights Council and the Universal Periodic Review (A/HRC/22/14/Add.1, para.147-145 et seq.). While noting the efforts by the State party to attempt to resolve the issue of “comfort women”, most recently through the bilateral agreement between the State party and the Republic of Korea announced on 28 December 2015, the Committee regrets the State party has not implemented the aforementioned recommendations and its position that the issue of “comfort women” does not fall within the mandate of the Committee, as the alleged violations occurred prior to the entry into force of the Convention for the State party in 1985. The Committee further regrets that:
(a) Recently, there has been an increase in the number of statements from public
officials and leaders regarding the State party’s responsibility for violations committed
against “comfort women”; and that the announcement of the bilateral agreement with the
Republic of Korea, which asserts that the “comfort women” issue “is resolved finally and
irreversibly” did not fully adopt a victim-centred approach;
(b) Some “comfort women” have died without obtaining an official unequivocal
recognition of responsibility by the State party for the serious human rights violations that
(c) The State party has not addressed its obligations under international human
rights law towards “comfort women” victims in other concerned countries; and
(d) The State party deleted references to the issue of “comfort women” in
29. The Committee reiterates its previous recommendations
(CEDAW/C/JPN/CO/6, paras. 37 and 38) and observes that the issue of “comfort women” gives rise to serious violations that have a continuing effect on the rights of victims/survivors of those violations that were perpetrated by the State party’s military during the Second World War given the continued lack of effective remedies for these victims. The Committee, therefore, considers that it is not precluded ratione temporis from addressing such violations, and urges the State party to:
(a) Ensure that its leaders and public officials desist from making disparaging statements regarding responsibility, which have the effect of retraumatising victims;
(b) Recognize the right of victims to a remedy, and accordingly provide full and effective redress and reparation, including compensation, satisfaction, official apologies and rehabilitative services;
(c) Ensure that in the implementation of the bilateral agreement announced jointly with the Republic of Korea in December 2015, the State party takes due account of the views of the victims/survivors and ensure their rights to truth, justice, and reparations;
(d) Adequately integrate the issue of “comfort women” in textbooks and ensure that historical facts are objectively presented to students and the public at large; and
(e) Provide information in its next periodic report on the extent of consultations and other measures taken to ensure the rights of victims/survivors to truth, justice and reparations.
当委員会は、前回の最終見解(CEDAW/C/JPN/CO/6 第37項及び第38項)、人種差別撤廃委員会(CERD/C/JPN/CO/7-9)、人権委員会(CCPR/C/JPN/CO/6)、拷問禁止委員会(CAT/C/JPN/CO/2)、経済・社会・文化権利委員会(E/C.12/JPN/CO/3)、人権諮問委及び定期審査委(A/HRC/22/14/Add.1 第147-145項等) など、他の国連人権組織によって行われた諸勧告について、注意喚起したい。