(Object of this Law)
Article 1. The object of this Law is to ensure the thoroughgoing protection of human rights by establishing Civil Liberties Commissioners throughout the country and basic standards applicable thereto and to popularize and promote the ideal of civil liberties in order to protect the fundamental human rights guaranteed to the people.
(Mission of Commissioners)
Article 2. Civil Liberties Commissioners, while keeping vigilance on protection from violation of the fundamental human rights, shall promptly take adequate remedial stops against any violation and shall also be in constant effort for popularization and promotion of the ideal of civil liberties.
(Districts where Commissioners to be set up)
Article 3. A Civil Liberties Commissioner shall be set up in each district of a city, town or village (including special ward;the same shall apply hereinafter).
(Regular Number of Commissioners)
Article 4. The total regular number of the Civil Liberties Commissioners throughout the country shall not exceed twenty thousand.
2 The regular number of Civil Liberties Commissioners for each city, town or village shall be fixed by the Attorney-General with various states of Affairs or each district such as population, economy, culture and so forth taken into consideration.
3 The Federation of Consultative Assemblies of Civil Liberties Commissioners in each district of To, Do or Prefecture as prescribed in paragraph 2 of Article 16 may submit to the Attorney-General opinions as to the regular number of Civil Liberties Commissioners referred to in the preceding paragraph.
(Character of Commissioners)
Article 5. The National Public Service Law (Law No.120 of 1947) shall not apply to Civil Liberties Commissioners.
(Recommending and Commissioning Commissioners)
Article 6. A Civil Liberties Commissioner shall be commissioned by the Attorney-General.
2 Commissioning by the Attorney-General referred to in the preceding paragraph shall, in consultation with the Governor of To, Do or Prefecture concerned, the bar associations within the district of the To, Do or Prefecture, and the Federation of Consultative Assemblies of Civil Liberties Commissioners of To, Do or Prefecture concerned, be made from among candidates recommended by a mayor of city, town or village (including a headman of special ward;the same shall apply hereinafter).
3 Recommendation of candidates by a mayor of city, town or village shall in consultation with the assembly of city or town or village as the case may be, be made to the Attorney-General, twice in number of the regular number of Commissioners as prescribed in paragraph 2 of Article 4, from among residents who, having franchise for the assembly of the city, town or village concerned, are of noble character and broad vision, well acquainted with the actual state of social affairs and sympathetic and zealous about civil liberties such as social workers, educators, journalists or members of such organizations as Bar Association, Women's Association. Labor Union, Youngmen's Association, which aim at protecting civil liberties directly or indirectly or support such activities.
4 In the recommendation and commissioning of Civil Liberties Commissioners, all of the people shall be accorded equal treatment and shall not be discriminated against by reason of race, creed, sex, social status, family origin or political opinions or affiliations except as provided for in Article 7 paragraph 1 item (4).
5 The Attorney-General shall, whenever he commissions a Civil Liberties Commissioner, take appropriate steps to notify the residents concerned of the name and duties of the Commissioner commissioned.
(Provisions for Disqualification)
Article 7. No person falling under one of the following items shall be eligible to civil liberties commissionership:
(1) A person who has been adjudicated incompetent or quasi-incompetent;
(2) A person who has been sentenced to imprisonment without hard labor or heavier penalty by the criminal court, and of whom the execution of the sentence has not been completed or who has not yet ceased to be amenable to the execution of the sentence;
(3) Any person who, other than falling under the cases referred to in the preceding item, has committed any criminal act in violation of civil liberties;
(4) A person who, on or after the date of the enforcement of the Constitution of Japan, formed or belonged to a political party or other organization which advocated the overthrow by force of the Constitution of Japan or the Government existing thereunder.
2 When a Civil Liberties Commissioner has come under one of the items as specified in the preceding paragraph, he shall automatically forfeit his office.
(Compensation for Commissioners)
Article 8. The Civil Liberties Commissioners shall be without pay.
2 The Civil Liberties Commissioners may, as provided for by Cabinet Order be compensated within the limitation of budget, in respect of expenses necessary for performing duties.
(Term of Office of Commissioners)
Article 9. The term of office of a Civil Liberties Commissioner shall be two years.
(Territory for the Performance of Duties by Commissioners)
Article 10. A Civil Liberties Commissioner shall perform his duties within the territory under the jurisdiction of the mayor of city, town or village who has recommended him as a candidate for the Commissioner. In case of special need, however, he may perform his duties even outside the said territory.
(Duties of Commissioners)
Article 11. The duties of a Civil Liberties Commissioner shall be as follows:
(1) To make public enlightenment and publicity concerning the ideal of civil liberties;
(2) To make efforts for the encouragement of civil liberties movement among the people;
(3) To make investigation and collection of information as to cases in violation of human rights serving for the purpose of remedy thereof, and to take other proper steps including report to the Civil Liberties Bureau, Attorney-General's Office and recommendation to other agencies concerned;
(4) To take proper relief measures helping for civil liberties of the poor such as legal aid and so forth;
(5) To make efforts for civil liberties in respect to other matters.
(Performance on Duty)
Article 12. A Civil Liberties Commissioner shall, fully conscious of his mission, make constant efforts for the elevation of his character and widening of his vision coupled with the acquisition of legal knowledge and technique necessary for the performance of his duties;and shall attend to his duties with utmost exertion.
2 A Civil Liberties Commissioner shall, in performing his duties, keep the personal secret of the person concerned, and not give any discriminatory or preferential treatment according to race, creed, sex, social status, family origin, political opinions or affiliations.
Article 13. No Civil Liberties Commissioner shall use his official position or the performance of his duties for the benefit of any political party or for any political purpose.
2 No Civil Liberties Commissioner shall engage in a commercial enterprise incompatible with their fair performance of duties, or shall be an officer or an employee of any company or other organizations with the similar object of business as referred to above.
(Supervision over Commissioners)
Article 14. Civil Liberties Commissioners shall be under the direction and supervision of the Attorney-General in respect to their duties.
(Dismissal of Commissioners)
Article 15. When a Civil Liberties Commissioner has come under one of the following items, the Attorney-General may, in consultation with the Federation of Consultative Assemblies of Civil Liberties Commissioners of To, Do or prefecture concerned, dismiss him:
(1) When he has acted contrarv to the duties of his position or has neglected his duties;
(2) When, due to mental or physical debility, he has difficulty or is incompetent to perform official duties;
(3) When he is guilty of such malfeasance as to render himself unfitting to be a Civil Liberties Commissioner.
2 The dismissal referred to in the preceding paragraph shall not be made until the reason of dismissal has been explained to the Civil Liberties Commissioner concerned and to whom the opportunity for vindication has been rendered.
(Consultative Assemblies and the Federation thereof)
Article 16. Civil Liberties Commissioners shall organize a Consultative Assembly of Civil Liberties Commissioners in each of several districts into which each of To, Do or Prefectures is divided by the Attorney-General.
2 Consultative Assemblies of Civil Liberties Commissioners shall organize a Federation of Consultative Assemblies of Civil Liberties Commissioners in each of To, Do or Prefectures.
(Duties of Consultative Assemblies)
Article 17. The duties of Consultative Assemblies of Civil Liberties Commissioners shall be as follows:
(1) Liaison and coordination as to the duties of Civil Liberties Commissioners;
(2) Collection of necessary data and information pertaining to the duties of Civil Liberties Commissioners;
(3) Publication of the study and opinions on the duties of Civil Liberties Commissioners;
(4) Presentation of recommendations to the agencies concerned when necessary for the protection of civil liberties;
(5) Performance of other matters deemed necessary for the protection of civil liberties.
2 The Consultative Assemblies of Civil Liberties Commissioners shall, either periodically or when deemed necessary, make report as to their activities to the Federation of Consultative Assemblies of Civil Liberties Commissioners of To, Do or Prefecture concerned.
(Duties of the Federation)
Article 18. The duties of a Federation of Consultative Assemblies of Civil Liberties Commissoners of To, Do or Prefecture shall be as follows:
(1) Liaison and coordination as to the duties of Consultative Assemblies of Civil Liberties Commissioners;
(2) Collection of necessary data and information pertaining to the duties of Civil Liberties Commissioners;
(3) Publication of the study and opinions on the duties of Civil Liberties Commissioners;
(4) Presentation of recommendations to the agencies concerned when necessary for the protection of civil liberties;
(5) Performance of other matters deemed necessary for the protection of civil liberties.
2 The Federation of Consultative Assemblies of Civil Liberties Commissioner of To, Do or Prefecture shall, either periodically or when deemed necessary, make report as to its activities to the Attorney-General.
(Commendation of Commissioners)
Article 19. The Attorney-General shall when he sees fit, award any of Civil Liberties Commissioners, Consultative Assemblies of Civil Liberties Commission or Federations of Consultative Assemblies of Civil Liberties Commissioners of To, Do or Prefecture with public commendation in appreciation or their meritorious services rendered in respect of their duties;and shall duly see to the publicity of their achievements.
Article 20. Procedures and administrative matters necessary for the enforcement of this Law shall be provided for by Ordinance.