The treatment of the Korean minority in Japan: An assessment in the light of the relevant international human rights obligations

Abstract

This article provides an analysis of Japan’s treatment of its Korean minorities, particularly Zainichi Koreans, or Koreans “residing in Japan,” against the backdrop of international human rights law. Despite Japan’s reputation as a highly developed country in virtually all areas, systemic discrimination of Koreans was and still is present. Colonial time inequality and post-war policies shaped the social and legal marginalisation of Koreans, namely through the deprivation of their citizenship, turning them into aliens in their own country. The study examines the evolution of Japan’s legal framework, including the 1952 Alien Registration Act, the Nationality Law, and the 1946 Constitution, highlighting how these policies institutionalised ostracisation. The domestic law and practice are then assessed in the light of Japan’s international human rights obligations. Its aim is to evaluate discrepancies between Japan’s obligations and its domestic laws and practices concerning minority rights. Through an examination of the reports of the Human Rights Committee and the Committee on the Elimination of Racial Discrimination spanning three decades, the research illustrates Japan’s struggle to adapt national laws and practices to international standards in the sphere of minority rights. In particular, early concerns centred on legal discrimination, such as restrictions on movement, while recent reports emphasise the rise in hate speech and racial violence against Korean minorities.