November 18, 2024
Dear Ms. Ana Peláez Narváez, chairperson, and Honorable Members of the Committee on the Elimination of Discrimination against Women:
The International Research Institute of Controversial Histories (iRICH) is a Japanese NGO. We research the history of human rights and develop an international understanding and cooperation. Our representatives participated in the Committee on the Elimination of Discrimination against Women (CEDAW) 89th session. We deeply respect the committee members’ efforts and contributions to the progress of women’s rights.
However, we are strongly against the recommendation regarding the Japanese Imperial House Law in paragraphs 11 and 12 of the concluding observations on the ninth periodic report of Japan (CEDAW/C/JPN/CO/9) and request to delete the recommendation immediately because of the reasons below.
| Concluding observations on the ninth periodic report of Japan (CEDAW/C/JPN/CO/9) Paragraph 11. It also takes note of the State party’s position that the provisions of the Japanese Imperial House Law are not within the purview of the Committee’s competence. However, the Committee considers that allowing only male offspring in the male line belonging to the Imperial Lineage to succeed to the throne is incompatible with articles 1 and 2 and contrary to the object and purpose of the Convention. Paragraph 12. The Committee recommends that the State party look at good practices of other States parties that have reformed their succession laws to ensure equality of women and men, and amend the Imperial House Law to guarantee equality of women and men in the succession to the throne. |
1. Before the committee published the concluding observations, we informed the committee members of the various materials about the Japanese Imperial House Law including the facts as follows:
- “The succession of the Imperial Throne” in Japan is an intrinsic, domestic affair and is outside the jurisdiction of CEDAW;
- The Charter of the United Nations of 1945 Article 2, Paragraph 7 states “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state”;
- The “succession to the Imperial Throne” has been the practice inherited for nearly two thousand years since the national foundation and thus is an indispensable tradition of the Imperial House. It has nothing to do with discrimination against women;
- The Catholic Church’s Pope, the Islamic clergy, and the Dalai Lama of Tibetan Buddhism are all exclusively male. Is the committee ready to demand them to “eliminate discrimination against women”?;
- The Imperial House Law allows a civilian female to join the Imperial Family through marriage which does not permit the opposite. This could be viewed as reverse discrimination against men.
Upon knowing these facts, the committee considers the Imperial House Law to be incompatible with articles 1 and 2 and recommends amending the Law to guarantee the equality of women and men. The recommendation reflects the committee’s lack of understanding of Japan’s unique history, tradition and culture, and it is seen as disrespectful to the Japanese Imperial House. The majority of Japanese citizens feel very displeased and upset about the recommendation.
2. Paragraph 12 of the Ninth periodic report submitted by Japan (CEDAW/C/JPN/9) and the Japan delegation’s response at the 2105th meeting on Oct 17, 2024, is fairly consistent with the common consensus of Japanese citizens.
That is:
“Systems such as the Imperial House of Japan and the royal families of other countries have remained in place to this day against the backdrop of each individual nation’s respective history and tradition with the support of their people. The system of succession to the throne in Japan, which is stipulated in the Imperial House Law, is a matter related to the foundation of a State.”
If the committee urges a state party to change its history and tradition, all UN treaty bodies will eventually lose their credibility and the trust of the Japanese people.
3. In the summary records of 2105th Meeting on Oct 17, 2024（CEDAW/C/SR.2105）, Ms. Ana Peláez Narváezhe, the Chair, states as follows:
“Para 69.
The Chair said that she wished to point out that the Committee’s mandate concerned equality between women and men and the elimination of all forms of discrimination against women, which included issues such as discriminatory royal succession laws. The Committee had raised similar issues with other States parties too. Any and all gender-discriminatory laws were of direct relevance to the Committee and its remit under the Convention. “
During the 89th session, Saudi Arabia was one of the state parties to be reviewed. In 1992, Saudi Arabia issued the Basic Law of Governance, and its article 5 states, “Rulers of the country shall be from amongst the sons of the founder King Abdulaziz bin Abdulrahman Al-Faisal Al-Saud, and their descendants.” While both Japanese and Saudi Arabia‘s laws rule male succession, in the concluding observations on the fifth periodic report of Saudi Arabia（CEDAW/C/SAU/CO/5）, the committee does not address Article 5, nor do they recommend any amendments to it. We believe this reflects a double standard in the committee's perspective.
We agree to the CEDAW’s principle, “determined to adopt the measures required for the elimination of such discrimination in all its forms”, and we hope that women’s rights are to be protected from suffering and discrimination. However, the royal and imperial house is inherited and formed through long-standing traditions and history, and it has nothing to do with “discrimination against sex.” On behalf of the majority of Japanese, we would like to clarify that the imperial house should not be an issue to be interfered with by the UN treaty bodies.
Therefore, we strongly request CEDAW to delete its recommendation regarding the Japanese Imperial House Law from the concluding observations.
Sincerely,