Lecture for OIS (MUN)

9 January 2008 (Wednesday)

3:45-4:30

Human Rights and Role of NGOs

By Etsuro Totsuka

LL.M. Dr. Prof. of Ryukoku University

What is a NGO?

• NGO is an abbreviation of “non-governmental organization”.

• Does it include a mafia or a commercial company?

• Usually, we use this term for non-profit organizations.

Gross violations of human rights

• NGOs have their role to play.– Something terrible happening in mental

hospitals.– Atrocities against mental patients.

• What would you do?– Researches– Publications– Presentations– Lobbying to NGOs

I felt as if I were a little mouse.

• Nightmares being crushed by an elephant.– A series of stressful events.– “Trial and error”: – My method for survival.

Part 1:

Domestic community and NGOs

The first: a research.

• Without a thorough research:– Nobody persuaded.– To find the truth.

• Books and journals.

• No internet information yet (1980).

The conclusion:

• The Mental Hygiene Act– Serious defects. – Need for a legislative reform to stop

atrocities.– There seemed to be no improvement

without a radical reform.

• Very few people in Japan, however, thought so.

Many abuses of detained mental patients:

• Happening all over Japan.– What would you do?– Without actions, nothing would have

happened.

• The initial lobbying:– Wrote an article.– Published (the Asahi)

NGO contacts

• Conscientious health professionals. – This NGO knew much about the real

situation inside the system.– Much information.– My observation was confirmed.

• They were reluctant, however, for a reform of the legal system.

It was the structural problem.

• Very many people were being detained– indefinitely behind the bars in locked

wards.

• Lack of medical services:– No thorough examination for detention.– Little meaningful treatments.– A complaint might result in beating up.– In bad cases: to death.

No protections under the law.

• No effective legal procedure to protect their freedom.

• No way to seek freedom:– They could not to see a lawyer for

discharge.– They could not write a letter or to make a

telephone call to the outside community.

• No system of independent experts’ visits of places of detention.

Helpless in changing law

• Without speaking out, nobody would have known the problems. – I said it to seek for help.– I spoke and explained to many lawyers and – an organization of lawyers.– Most were appalled to hear this.

Advice to OIS students!!Take every chance to speak

•speaking out –in every occasion –must be –always most effective.

• Take the chance and practise!!!

Did they work for a reform?

• I asked them to do something using their influence.– They, however, did not do so. – They probably did not know what to do.

• Instead, they gave me advice.

Create a NGO !!

• How can I, just a young junior lawyer, create a NGO?– Without trying: Alone.– I tried to create one:– The Committee for the Fund for Mental

Health and Human Rights.– Three lawyers and some experts including

health professionals joined it.

Work for the Bar!!

• I was appointed as:– a vice chair of the Human Rights Committee

of our bar association, the Daini Tokyo Bar Association.

– Sub-committee on mental health, which was created on my request.

– It published a report.– Later, we published three books and– called for a reform of the Mental Hygiene Ac

t.

Convention on Human Rights

• The JFBA’ the Japan Federation of Bar Associations. – The JFBA was against our proposals.– Their policy was to survive under the

existing legal framework.

• What would you do then?

Researches continued.

• We succeeded in revelation of the Utsunomiya Mental Hospital scandal.– In it, two patients were killed and hundreds

were illegally detained.– The JSP, the Asahi and we worked.– The debate before the National Diet.– All major newspaper published big

articles.

• Not enough for the legislative reform.

Part 2:

International community and NGOs

Comparative law researches.

• If you compare Japan with other countries, we can find Japan. – We visited Europe.– A network of international NGOs.– The experts of the HAI,

Health Action International was very helpful.

• They gave me much advice.– I could see experts in mental health field.

Visits to the UK

• Psychiatrists, journalists and NGOs:– All of them were very helpful.– MIND, the

National Association for Mental Health helped my research.

– The case law of the ECHR.– I could develop my legal arguments– that Japan violated international human

rights law such as the ICCPR.

Presentation to the UN.

• Credential to the UN by a UN NGO:– The ILHR, International League for Human

Rights had consultative status with the UN ECOSOC

– The UN Sub-Commission on Human Rights in August 1984.

– An intervention: A strong impact.

– Major Japanese newspapers and the IHT.

• Change of the political situation in Japan.

The UNOG and JFOR

UNOG gate in 08/2007 JFOR intervention in 08/2006

A few fact-finding missions

• The ICJ, International Commission of Jurists sent the first missions in 1985.– The ICJ submitted its report including

recommendations for a legal reform to P.M. Yasuhiro Nakasone and the UN.

– This was followed by the missions from the DPI and the WFMH as well as two ICJ missions.

P.M. Nakasone

• Decided to amend the MHA in 1986. – In Sep. 1987, the Bill for MHC was passed. – Voluntary admission was intoroduced.– The right to communication was achieved.– The right to be discharge was inproved.– The new supervisory body was created.– Reforms followed in the following 5 years.

Still many difficulties exists.

There were, however, substantial improvements.