<figure id="attachment_381516" class="wp-caption alignnone" style="width: 1170px;" aria-describedby="caption-attachment-381516"><a href="#" data-ident_hash="55707bbd"><img src="https://res.cloudinary.com/fridaydigital/image/private/t_article_image/wpmedia/2024/07/61dc375b61f5ccb8311546f9ea4871ae.png" alt=""></a><figcaption id="caption-attachment-381516" class="wp-caption-text">In front of the United Nations headquarters in Geneva. Mr. Nihongi gave his speech in fluent English without an interpreter.</figcaption></figure>
At the UN Human Rights Council meeting held in Geneva, Switzerland, on June 26, various human rights violations in Japan, including the sexual abuse issues involving the late Johnny Kitagawa, were addressed, and a report was released stating that &#8220;Japan has structural issues concerning human rights.&#8221;
The meeting was also attended by Nikenori Nihonju, 40, who has accused the late Janie Kitagawa of sexual abuse and now lives in Ireland to protect his family from slander and harm. Mr. Nihonki joined Johnny&#8217;s in August 1996 at the age of 13. In the fall of the same year, he accused Mr. Kitagawa of sexually abusing children 10 times. He has continued to appeal to the media and the Diet, <a href="https://friday.kodansha.co.jp/article/371259">as reported in Friday Digital</a>.
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According to Mr. Nihongi, the UN Human Rights Council welcomed him.
&#8220;Chairman Robert offered me encouraging words for speaking out. I was also able to reunite with the UN Human Rights Council members who visited Japan last July to investigate the sexual abuse issues involving the late Johnny Kitagawa. I felt overwhelmed with gratitude and my heart was warmed when I thought that without their investigation, this issue might not have progressed so far. The UN Human Rights Council’s working group promised to continue monitoring this issue and human rights problems within Japan&#8217;s entertainment industry.&#8221;
Mr. Nihongi spoke in fluent English without an interpreter, stating, &#8220;For over half a century, the sexual abuse issues involving the late Johnny Kitagawa were neglected and never treated as a human rights issue. It was not reported by the media, and sexual abuse of boys was not considered a problem.&#8221; He also noted, &#8220;At least one of the victims who exposed the abuse has committed suicide,&#8221; and urged, &#8220;The Japanese government should implement all policies necessary to create a society where companies protect children,&#8221; and &#8220;The Japanese media should accurately report on sexual abuse issues.&#8221; He expressed his gratitude to the UN Human Rights Council for addressing this problem.
After listening to Mr. Nihongi’s speech, the UN Human Rights Council team was reportedly shocked, saying, &#8220;To think that this was left unaddressed for so long.&#8221;
&#8220;Chairman Robert reported that Japan has a culture of impunity. The term culture of impunity literally refers to a culture where, when a problem is revealed, no punishment is imposed on the causes of the problem, and it is left unaddressed.
Because of this culture, many issues are treated as if they do not exist, and no one questions them. The UN Human Rights Council stated that it is important to resolve each of these issues one by one and that as a result, Japan will benefit in the future.&#8221;
<div data-friday-nextpage-lead="Discomfort with Smile Up"></div>
Mr. Nihongi acknowledges some progress for the victims from SMILE-UP (formerly Johnny’s Office), but believes that &#8220;it is far from meeting all the victims’ needs.&#8221;
&#8220;Recently, there was an appeal trial in a sexual violence case involving a male teacher from 30 years ago, and the high court ordered the defendant to pay 40 million yen in damages, including interest. In the sexual abuse issues at the former Johnny’s Office, SMILE-UP says it will provide &#8216;compensation beyond the law&#8217; to the victims. However, when compared with the aforementioned verdict, there is room to question whether this compensation truly exceeds legal requirements.
Moreover, there remains the issue of whether it is truly right to argue statutes of limitations or exclusion periods for sexual abuse during childhood or youth. Until there is a more concrete announcement regarding measures to prevent recurrence, there are concerns as a stakeholder that one cannot feel assured.&#8221;
SMILE-UP responded to the UN Human Rights Council&#8217;s recommendations by stating on their official website, &#8220;We have received a certain level of understanding regarding our various efforts for relief,&#8221; and added, &#8220;We will continue to work diligently towards victim relief, not only through financial compensation but also by providing emotional support and addressing defamation issues, while closely supporting each individual.&#8221;
However, according to the UN Human Rights Council&#8217;s report, some victims are paying for their legal fees related to compensation negotiations out of their own pockets. SMILE-UP responded as follows.
&#8220;In the Victim Relief Committee (appointed by SMILE-UP), we recognize that compensation amounts are evaluated considering various expenses, including those required for lawyer support. In other words, the Victim Relief Committee is advancing the compensation amount calculation process without requiring legal claims or strict proof, and it acknowledges and compensates the damage and impact on victims&#8217; lives and livelihood based on the reported content.
Furthermore, in determining the compensation amount, we understand that the Victim Relief Committee considers both the mental and financial damages of the victims within the framework of compensation for emotional distress. Therefore, while the Victim Relief Committee does not calculate various expenses such as legal fees as independent items, it does give appropriate consideration to these expenses as part of the economic impact caused by the sexual abuse by the late Johnny Kitagawa when evaluating compensation amounts.&#8221; (SMILE-UP Public Relations Department)
<figure id="attachment_381517" class="wp-caption alignnone" style="width: 1170px;" aria-describedby="caption-attachment-381517"><a href="#" data-ident_hash="01096711"><img src="https://res.cloudinary.com/fridaydigital/image/private/t_article_image/wpmedia/2024/07/5766381b2473b3bc2aeea2494c630ef0.png" alt=""></a><figcaption id="caption-attachment-381517" class="wp-caption-text">Mr. Nihongi made the decision to speak out about the sexual abuse issues at the former Johnny’s Office on the way to the United Nations.</figcaption></figure>
Mr. Nihongi strongly refutes SMILE-UP’s claims.
&#8220;Taking the cases of Mr. A and Mr. B, who were both offered the exact same compensation amount by the Relief Committee, as examples: Mr. A had a lawyer accompany him to the meeting with the Relief Committee, while Mr. B did not. As a result, Mr. A, who had a lawyer, had to cover the lawyer&#8217;s fees out of his own pocket, which led to a lower compensation amount compared to Mr. B, who did not hire a lawyer. Moreover, the Relief Committee from SMILE-UP has not provided any explanation regarding how much of the compensation amount corresponds to legal fees.&#8221;
SMILE-UP has notified that they will not provide compensation to 156 individuals for whom they cannot verify their affiliation with the former Johnny&#8217;s Office or their abuse. Mr. Nihongi is concerned, stating, &#8220;There may be real victims among them.&#8221;
&#8220;We have not been informed about how SMILE-UP verifies the victims&#8217; affiliation. There are likely still victims who have not applied at the compensation window. It takes courage to face a meeting with the Relief Committee alone, as one must testify about their sexual abuse in front of former judges and lawyers.&#8221;
Regarding measures against defamation of sexual abuse accusers by Johnny&#8217;s fans and others, Mr. Nihongi expressed his astonishment at SMILE-UP’s response.
&#8220;I once directly questioned President Noriyuki Higashiyama (57) during an online discussion about measures to address defamation of victims. I asked, &#8216;If some fans become radicalized and defame the victims, what plans does SMILE-UP have to respond?&#8217; Mr. Higashiyama replied, &#8216;We are fan-first, so we can only trust the fans.&#8217; I was stunned that a compensation company established to support victims would not take steps to protect them from defamation.&#8221;
<div data-friday-nextpage-lead="President Higashiyama's throwing it all away"></div>
Mr. Nihongi is also concerned about the fact that President Higashiyama of Smile Up, who is the representative, is in a situation of &#8220;Regarding victim compensation, it has been completely entrusted to the third-party Relief Committee,&#8221; which he views as a total abdication of responsibility.
At the UN Human Rights Council, in addition to the Johnny’s sexual abuse issues, concerns were raised about the low starting salaries for animators (around 1.5 million yen), sexual harassment and power harassment of young talent and idols, disregard for LGBT rights, poverty among Ainu and Zainichi Koreans, gender pay disparity, and the dangerous working conditions for workers at the Fukushima Daiichi Nuclear Power Plant, who are subjected to low-cost labor under Tokyo Electric Power Company’s subcontractors (in some cases with up to five layers of intermediaries).
<figure id="attachment_381518" class="wp-caption alignnone" style="width: 1170px;" aria-describedby="caption-attachment-381518"><a href="#" data-ident_hash="12f7e399"><img src="https://res.cloudinary.com/fridaydigital/image/private/t_article_image/wpmedia/2024/07/a81b213e197c4bfd83aceea65c81c38d.png" alt=""></a><figcaption id="caption-attachment-381518" class="wp-caption-text">The UN Human Rights Council has repeatedly recommended that there are issues with Japan&#8217;s human rights awareness.</figcaption></figure>
Satoru Fukimoto, a lawyer at Kisaragi Law Office in Tokyo, says, “It is desirable to establish a domestic human rights organization that is independent from all forms of power in terms of structure, budget, and activities.”
&#8220;In Japan, the central organization handling human rights protection is the Human Rights Bureau of the Ministry of Justice. The Ministry issues opinions and warnings on human rights violations, receives reports of human rights infringement cases from various organizations, and accepts corrective actions. It also promises to investigate and communicate with appropriate agencies or departments. However, since the Ministry of Justice is an administrative agency, the principle of cabinet unity applies. The Minister of Justice is appointed by the Prime Minister.
In essence, this makes the Ministry a part of the government. This is different from an independent judicial body or court. Although UN Human Rights Council members have occasionally commented on human rights issues or interpretations of human rights laws and government measures, this is often limited in scope. There have even been cases where UN-appointed commissioners did not have interviews.
The lack of an independent human rights organization in Japan makes it more difficult for those at risk of human rights violations to seek judicial remedies. Japanese courts handle specific cases. This means that individuals who have suffered damage can file lawsuits for compensation, and judgments are made according to the law and conscience, potentially leading to rights relief. However, there are many victims of sexual abuse by the late Johnny Kitagawa. The circumstances of the abuse vary, and protecting victims&#8217; privacy is essential. If an independent human rights organization could be approached instead of individual court cases, it might provide a clear path for relief and future procedures, potentially allowing for resolution without resorting to judicial proceedings and facilitating communication with the perpetrators.&#8221;
The UN Human Rights Council has also recommended that the Japanese government establish a human rights organization. However, the Ministry of Justice has expressed the view that &#8220;human rights relief is handled by individual laws,&#8221; and the establishment of a human rights organization has been deferred.
Based on the &#8220;Principles relating to the Status of National Institutions (Paris Principles)&#8221; adopted unanimously by the UN General Assembly in 1993, 118 countries are currently members of the &#8220;Global Alliance of National Human Rights Institutions (GANHRI),&#8221; but Japan has not yet joined. The sexual abuse issues at Johnny’s, which have been ignored for half a century, are a symbol of Japan&#8217;s status as a human rights laggard.
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 Yuria Fukatsuki

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Former Johnny’s Jr. Akimasa Nihongi Reports to UN on Japan’s Culture of Impunity and Human Rights Issues

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