To Our Readers
August 2003
It was December 27, 2002 when Ms. Yayori Matsui passed away. She
has been a director of Asia-Japan Women’s Resource Center since 1995, when she
founded it.
We would like you to find what she has been doing and what her
standpoint was from her writings including those published by Asian Women’s
Association, Asia-Japan Women’s Resource Center, and VAWW-NET Japan
(Violence Against Women in War - Network, Japan). Her compassionate
empathy for the oppressed, exploited, and discriminated people, who have been
overlooked, and her strong anger towards injustice done by authorities motivated
her for such great activism. The grand sum of her work was in organizing the
Women’s International War Crimes Tribunal held in December 2000 to judge the
war responsibilities of the Japanese imperial military during WWII. In order to
make it happen, there had been so many difficulties and many issues still remain.
The whole of her life was dedicated to the event.
The title of our newsletter, Women’s Asia 21, was named from our hope
for the coming 21st century to be a new era where human dignity for all will be
protected and there will be no war and conflicts. However, the road will be long
and hard, as our hopes have already been challenged by recent global trends of
militarization. Yayori used to tell us that as long as we, as individuals aware of
our responsibility for our lives, are here, we will be able to cultivate the road for
our future.
In this issue, we will focus on the reality of gender inequality in Japan,
which has been pointed out in the examination session by the UN for the
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW). Also, we will explore women’s activism in Japan, which is
challenging the unacceptable reality in order to change society. Various
obstacles of legislature attempting to ban gender discrimination merely resulted
as self-regulatory suggestions to improve the current situation of gender
discrimination. It is very clear to see that women have to take on an enormous
burden by observing how women are treated concerning their labor, lives, and
bodies.
In addition, we will examine issues that have arisen due to
“globalization,” by listening to immigrant women’s voices and women living
near the US bases, which have been marginalized.
To be inspired and empowered can be challenging at times. However,
with the Asia-Japan Women’s Resource Center as the base, we hope to extend our
network with other women. Yayori will be with us in our hearts throughout our
journey.
Board Member
Masayo Niwa
WOMEN’S ASIA 21
Voices from Japan
No. 11 Summer 2003
Gender and Law
How far have we progressed for guarantee of
women’s human rights and gender equality?
Features
To Introduce Gender-Sensitive Perspective into the Law and Judicial System
Michiko Nakajima.............1
The Basic Law for a Gender-Equal Society and Us
Yukako Yanagimoto ...........5
Has the Equal Employment Opportunity Law Protected Women Workers?
Mieko Takenobu ...............10
Misguided Maternal Protection Law
Yukako Ohashi .................16
The Reality and Law Governing Non-Japanese Women Living in Japan
Keiko Ohtsu ....................19
The View from Okinawa: Women and US Military Bases
Takako Motonaga..............25
Criminal Law and Violence against Women: Rape in a Gender Equal Society
Tomoe Yatagawa ..............28
Recent Events in Japan
29th Committee for the Convention on the Elimination of All Forms of Discrimination
against Women – Reports from Japan
Hikaru Kasahara...............33
A Lawsuit against the Governor of Tokyo, Mr. Shintaro Ishihara
Kyoko Tanaka ..................35
The Urgent Appeal
Asia-Japan Women’s Resource Center .....37
Demand to Discard a Bill for a Population Policy
Tomoko Yonezu ................39
A Lawsuit against NHK (Japanese Broadcasting Corporation)
Amane Noguchi................43
Three National Emergency Bills and Japan’s Assistance for the Reconstruction of Iraq
Kuniko Funabashi .............44
Racism in Education: Discrimination against Korean Schools
Young Kim ......................46
Manipulation Hidden Behind “Kokoro no Nooto (Notebook of My Mind)”
and Government Intervention in Children’s Minds
Hikaru Kasahara...............49
What has been ”Achieved” with the Bill of Gender Change for People
with “Gender Identity Disorder”?
Makiko Matsumoto............51
Feminist Art Activism Questioning Gender and Militarization
Hisako Motoyama .............53
Gender and Law
To Introduce Gender-Sensitive Perspective
into the Law and Judicial System
Michiko Nakajima
LAW AND FEMINISM
Neutr ality and Objectivity of the Law
Many people seem to believe that the law
is neutral and objective. However, since the
Meiji era when Western style law was
introduced in Japan, Japanese people have
shared a common perception of law, regardless
whether to obey or to resist, as law was a tool
of the state’s power to maintain public order.
Japanese people did not trust “neutrality and
objectivity” of the law.
The Constitution of Japan, established
after the World War II, guaranteed fundamental
human rights to every citizen, ensuring respect
for individuals and equality under the law.
The Constitution and a series of legal
amendments afterward earned criticism from a
class or nationalistic perspective. However,
in terms of gender, it was said that neutrality
and objectivity were guaranteed.
In reality, discrimination against women
and struggles of their lives still continued even
though we have the Constitution securing
equality for all, the Civil Code assuring legal
equality for women and men, and the Labor
Standard Law stipulating equal pay for both
genders. The harsh reality for women even
worsened because of the structural changes in
the industries and growth of the nuclear family
system.
These conditions triggered the
second wave of feminism; the so-called
women’s liberation movement.
Women’s Action against the Law
As a phrase, “the personal is the
1
WOMEN’S ASIA 21
political,” indicates, the women’s liberation
movement was not only a fundamental fight
against oppression upon women, but also a
fight against the law. The Japanese women’s
liberation movement started in 1971 by
fighting against revisions to the Eugenic
Protection Law and initiating a campaign to
abolish the crime of abortion under the
Criminal Code.
This movement was a
rebellion against the law because it insisted
that the state had no right to control women’s
reproductive decisions through punishment.
Their slogan, “Women decide whether to give
birth or not,” meant an objection against the
state law that controlled women’s body for the
reproductive right. It was not a mere demand
such as “Give us the same rights as men.”
Following this activism, movement expanded
to call for establishing the domestic violence
prevention law and for revising the Civil Code
to allow women their own surnames after
marriage. The movement ultimately urged a
fundamental revolution in the social
expectations for women and family. In reality,
family and women had been considered the
domain of the private sphere, which is beyond
the reach of law, yet women are in charge of
the to maintain family and the state order.
Therefore, the Law for the Prevention of
Spousal Violence and the Protection of Victims
(DV Prevention Law) was established even
though it is ineffective. In addition, the
revision of the Civil Code for women to have
their own surnames is still being debated.
Another example of women’s action is a
Voices from Japan
No. 11 Summer 2003
Gender and Law
fight against the government and industries
over the Equal Opportunity Law, enacted in
1986, and the Labor Standard Law. A debate
on “protection or equality” started in 1978 and
developed into a serious controversial
discussion among working women across
Japan. The movement lasted until a revision
of the Equal Opportunity Law in 1997.
Particularly from 1982 to 1985, a lot of women
as well as labor unions participated in the
discussion, and they had long and fierce
campaigns, such as a 40-day sit-in and 72-hour
hunger strikes in front of the Ministry of Labor.
Such a visible surge of the women’s movement
was a first in Japanese history. What we
demanded then did not follow the line of
“women want to work like men.” Instead, we
raised a voice of definite objection against an
extra burden on women; social expectations for
women to work like men while being forced to
take traditional family responsibility (unpaid
work) as before. We strived for a drastic
change in working environment, instead of
merely women’s participation in the men’s
work force.
Women’s study, born
in the Western world, is
defined as the “second
wave of feminism in
academism”(National
Women’s Education Center
1997. 252).
If so,
women’s study or feminism
study should pursue the
very
movement
of
feminism.
A
feminist
approach to the law is to
drastically change the legal
environment for women,
not to add women’s rights
to the male-dominated legal
discourse. A discussion of
our fight against the law
WOMEN’S ASIA 21
during 1970s and 1980s, when we did not have
the term “gender,” will reveal the significance
of women’s study or feminism study by gender
perspective analysis.
It is a welcome change to have more
works analyzing the law by the language of
feminism. One of the best feminist analyses
of the law is “Hou no Seiji-gaku - Hou to Seiji
to feminism” (Legal Politics - Law, Politics,
and Feminism) written by Yayo Okano.
Okano’s book is more abstract than some
preceding women’s study and gender politics
work and its sharp analysis leads to numerous
suggestions. It was disappointing, however,
that no discussion on laws had occurred prior
to late 1990’s that was based on gender
perspective. As long as we live within the
economic structure where businesses have
enormous power, our movement will
undoubtedly
encounter
setbacks
or
compromises.
I hope that the academic
feminism will pay more attention on such
historical women’s movements as its research
target than on theories.
Voices from Japan No. 11 Summer 2003
2
Gender and Law
GENDER BIAS IN THE COURT
Cr iticism Against the Cour t System in 1970s
Many women have continued to
participate in the feminism movement since
1971, when the fundamental doubt against
“neutrality and objectivity” of the law was first
presented. Women have also participated in
nationwide rallies against the judge’s gender
bias on the interpretation and application of the
law in two cases. One is the case of Ms.
Hasumi (she alleged leak of information about
a secret agreement between the US and Japan
when Okinawa was returned to Japan) and the
other is a case of a single working mother Ms.
K (the judge disqualified her right to raise her
children because of she is a single working
mother). In 1973, another surge of objection
emerged against the interim court which ruled
that the Nissan Motor’s practice of
differentiating retirement age between men and
women was not legal because women were
inferior to men in terms of physiology. I
wrote a series of critical reviews against the
issue of court judgments, including the Nissan
case in “Onna/Eros” (Women/Eros), a monthly
magazine that was founded in November 1973.
Furthermore, there were shocking
remarks to female trainers by a judge teaching
at the Legal Research and Training Institute, as
he commented that the Japanese society should
“never allow women to enter into the judiciary
realm where we men strive for life” that
“women had better go back home and rotten
their knowledge earned in the training” that “I
hate women who like to study because they’re
argumentative” and that “women are nuisance
to others because of the menstrual leave.”
Four thousand people urged the prosecution of
the judge and requested for his dismissal from
office. How is it that such a discriminatory
judge is allowed to preside over women? The
Diet’s committee on prosecution of the judge
reached a conclusion that they would not
3
WOMEN’S ASIA 21
prosecute the judge, but made a special
comment that the remarks were quite
unreasonable.
Recent Gender Bias in the Cour t
Have those experiences in the 1970s
challenged
judiciary
gender
bias?
Unfortunately, the answer is “no.” In fact, the
situation is even worse. In 1999, when a
battered wife filed for divorce because of
domestic violence, the judge told her during
the settlement process that he sometimes would
hit his wife, too. This woman claimed that
the violence committed by her husband
deserved a criminal case. The judge was
quoted as saying: “The court would not take
this even if you were to file criminal charges.
Of course, it would be another story if you die.
You’re too argumentative because of your
profession. I myself will raise my hand
against my wife if she argues about everything.
A cheap bar’s mistress, who devotes herself to
child rearing while beaten by her husband,
should be more admirable than you.” Her anger
was not shared by her male attorney; instead of
him, a woman attorney challenged the court to
remove the judge from the bench. But the
court simply rejected the request without
factual findings. Even today such judges
continue to judge women.
In a recent sexual harassment case, the
amount of consolation money was slashed
because the court decision stated that the
female victim had not desperately resisted and
it was her fault. Against the gender-specified
dual-track employment system (from the
beginning, all men were assigned as officer
candidates while women were put into the
lower-wage ranks with limited opportunity of
promotion) in a major Japanese company, a
recent court decision admitted the practices
were against Article 14 of the Constitution.
However, the ruling said that such practices
Voices from Japan
No. 11 Summer 2003
Gender and Law
were not unlawful because women in the 1960s
lacked efficiency because they used to have the
strong perception of gender role. Also, courts
said that the company’s statutory property right
should be considered. Now we are faced with
the collapse of our historical victory in law,
which ruled gender discrimination illegal
during 1960s.
For mation and Cor rection of J udiciar y
Gender Bias
Judges, attorneys, and lawyers are still
caught in gender bias and not aware of
women’s situation. But why?
As it has been noted in the past, there
were very few women judges. But recently
the number of women judges have increased.
Furthermore, in such cases as rape, sexual
harassment, and gender discrimination against
women in the work place, it is becoming more
common that women judges participate in such
cases. We could say that these women judges
tend to take their judiciary responsibilities by
assimilating themselves with men.
They
might think that they would never fall into the
position of a victim, and such unfounded belief
could further their efforts to side with men.
Including these women, judges are
appointed to judicial post only in terms of the
skill they showed on the bar exam, without any
experience or
knowledge of gender
discrimination at home and/or in the society.
The training occurs under the pyramidal
structure with the Supreme Court at the top.
There are no gender perspectives or gender
sensitivities in their education. Nor does
judicial training include information on the
International Convention of Human Rights.
The judicial system of Japan publicizes the
reform of justice for the people; however, they
have not responded to the request that human
rights and gender perspective be incorporated
in their curriculum. This is the reality of the
law and judgment we are facing. In order to
confront this situation, women are organizing
themselves into various movements.
Feminism started by sharing women’s
experiences. Assimilation with men is not the
goal. Women surely can create an alternative
society in the future. We have witnessed a lot
of such feminism movements, and we now
have new ones.
If women’s study and
feminism study represent the academic
approach toward feminism, then I sincerely
hope that academic feminists pay heed to
women’s experiences and movements, and to
analyze and create effective theories in
solidarity as well.
References:
All references for this article are written in
Japanese. If you would like to obtain the list,
please contact Asia-Japan Women’s Resource
Center (ajwrc@jca.apc.org).
(Michiko Nakajima: Lawyer)
yyyyyyyyyyyyyyyyyyyyyyyy
WOMEN’S ASIA 21
Voices from Japan No. 11 Summer 2003
4
Gender and Law
The Basic Law for a Gender-Equal Society and Us
Yukako Yanagimoto
“Power is a cunning.
It devours everything it can use into its
territory.” (Yuko Suzuki 1997, 212).
Have We Achieved Our Goal?
The Basic Law for a Gender-Equal
Society was established in June 1999. It is
said that this law was the product of women’s
compromise in that the women tried to attain
real achievement rather than empty reputation.
This law is a “Basic law,” which is defined by
the Gender Equality Bureau of the Cabinet
Office as a law that clarifies the basic guideline
of the systems and policies of important areas
in governance. As a legal form, it is a general
law that does not overrule other laws.
However, in practicality, as a law that shapes
policy measures in the relevant area, it is
considered to be superior to other laws in the
area (Cabinet Office 2001, 10). Accordingly,
the Basic Law for a Gender-Equal Society
(Basic Law) will have great impact on policies
regarding women (and men as well). We can
find policies for the Law for the Prevention of
Spousal Violence and Protection of Victims
(DV Prevention Law) and sexual harassment as
some of the outcomes of the Basic Law. In
light of these facts, can we really say that we
have achieved our goals?
Beginnings of the Basic Law
The Basic Law was promulgated during
the 145th session of the Diet in 1999. It is
important to review this particular session of
the Diet. We cannot forget a series of laws
that were discussed during that session for they
have greatly influenced Japan and its future.
5
WOMEN’S ASIA 21
They are the Law on Measures to Deal with
Situations in Areas Surrounding Japan1, the
Interception of Telecommunications Act (the
Wiretapping Law), the Law concerning
National Flag and Anthem2, the partial revision
of the Diet Law, and the Basic Resident
Register Law. The first three laws increased
the concern that Japan would again be a
country that could wage war.
In the
discussions on the Law on Measures to Deal
with Situations in Areas Surrounding Japan,
there were strange explanations of the
definition of “surrounding”- that “it is not a
geographic concept.” In other words, as long
as the government of Japan recognizes a region
to be “surrounding” Japan, even if it is on the
other side of the globe, it will be designated as
“surrounding.” In December of that same
year, the Ship Inspection Operations Law was
implemented, and it was said to have
completed the Guideline for U.S.-Japan
Defense Cooperation (the New U.S.-Japan
Guideline). In the discussions on the Law
concerning National Flag and Anthem, a
politician, who is responsible for the policies of
the biggest opposition party, made truly
inappropriate comments, such as “the design of
the Japanese flag is very good” in spite of the
negative interpretation of the flag as a symbol
of the aggressive invasion during WWII. In
March of the following year, during the season
of graduations, the city of Kunitachi became a
target of the right-wing media. All junior and
Voices from Japan
No. 11 Summer 2003
Gender and Law
high schools in the city of Kunitachi decided
not to use the Rising-Sun Flag and not to sing
Kimigayo, the Japanese national anthem, at
their graduation ceremony. The right-wing
media attacked this incident. During the
debates
on
the
Interception
of
Telecommunications Act, the media initially
called it the “Wiretapping Law.” However,
under government pressures, these words
disappeared from major media sources.
The partial revision of the Diet Law
allowed the “Constitutional Review Council”
to be present in both the House of
Representatives and the House of Councilors.
The Constitutional Review Council was
founded under, at first glance, a “sound
argument” that encourages “discussion of the
Constitution” rather than opposing the ideas of
“amending the Constitution” and/or “protecting
the Constitution.” It was meant to allow, for
example, “new human rights” that are not
stipulated in the present Constitution, to be
incorporated into the document. However,
the real purpose of the Council’s establishment
is to enact a “new constitution” that will amend
Article 93, and strengthen the Emperor system
and nationalism.
In the summer of 2002, the Basic
Resident
Register
Law allowed
the
introduction of the Resident Registry Network.
This strengthens the government’s surveillance
and control over its citizens. Our personal
and private information will be released onto
the Internet, creating the possibility that
unexpected violations of privacy may occur
through leakage of the information.
Therefore, there was a strong opposition to the
introduction of the Resident Registry Network.
For example, some expressed the concern that,
since the Resident Registry Network may
require a variety of personal data, one may be
able to search on the computer for individuals
with certain physical characteristics such as by
WOMEN’S ASIA 21
height and weight, making it useful to the army
for recruitment. This is indeed a far-sighted
concern.
Hence, we must see the 145th session of
the Diet as a turning point towards the
strengthening of nationalism and the rebuilding
of arms. Therefore, some call this session the
“post-war final settlement-of-accounts Diet” or
1999 “the year when Japan veered right.”
They are absolutely correct.
This 145th
session passed bills annulling three major
principles of the Constitution of Japan, namely
“sovereignty of the people, fundamental human
rights, and pacifism (renunciation of war)”
(The Constitution of Japan, 1946).
It was
then that the Basic Law was born.
What the Basic Law Makes Possible
According to Ms. Mizuho Fukushima, a
lawyer and feminist politician, bills related to
women’s issues can be divided into three
categories, the first two types of bills being
relatively easy to pass: (a) issues involving a
victim, (b) issues so abstract that no one
understands the meaning, and (c) issues in
which
women
are being audacious.
According to her, the Basic Law corresponds
to category (b). (Category (a) usually passes
because of pity. The DV Prevention Law is in
(a), and women wanting to have separate
surnames for married couples is in (c)).
However, was the Basic Law really established
because the majority of the Diet saw it as “so
abstract that no one understood the meaning”?
I doubt it. They must have had their own
understanding of the bill.
If there was
something they did not understand, it must
have been the women’s compromise, “choose
real achievement rather
than
empty
reputation.”
Then
what
was
their
understanding/thought? They might want to
further strengthen nationalism and to make
Voices from Japan No. 11 Summer 2003
6
Gender and Law
Japan a country that can wage war. They
might be concerned about
the declining
birthrate, aging of Japanese society and the
defeat of economic recession. In order to
achieve their goals and solve these political
problems, they need to secure a pure domestic
labor force. They cannot easily forego this
pure domestic labor force. This law calls out
to the “people of the nation” under Article 10
of the Basic Law. If that is the case, there is
no choice but to include women. They see us
as the “human labor force,” which is necessary
for achieving particular political agendas. For
that reason, we can think of “human rights” in
the Basic Law as already replaced by “human
labor.” If we apply this understanding to
Article 3 of the Basic Law, “The securing of
opportunities for men and women to exercise
their abilities as individuals,” it can be
interpreted as using and developing all human
labor available. “Respect for the dignity of
men and women as individuals” can be read as
appropriate measures that must be taken to, for
example, prevent sexual harassment and the
7
WOMEN’S ASIA 21
loss of working abilities from the victim,
because such incidents will obstruct the use of
human labor.
Such interpretations are
plausible (Kamiya 1999, 7). According to
this understanding, they can send us to the
labor market in times of peace and for
preparations of war in times of battle, making
us participate “equally” and as “human labor”
regardless of gender. This is what the Basic
Law makes possible. In other words, the
Basic Law can be seen as the modern version
of the “National Mobilization Law.”4
We Cannot Give Up “Our Human Rights”
Unfortunately, I cannot answer “yes” to
the question I made at the beginning of this
article, “can we really say that we have
‘achieved’ our goals?”
Even after the enforcement of the Basic
Law, some courts have ruled on cases of
violence against women by relying on the
“rape myth.”
There was also a victim
blaming comment by a cabinet minister to the
victim in the rape case by an American soldier
in Okinawa in June 2002, as well as the “old
hag remark” made by Ishihara, the Governor of
Tokyo. The “old hag remark” demonstrates
his view of women as “child bearing
machines/troops.” The issue was not longer
about “human labor.”
In addition to the legal framework formed
to strengthen nationalism and militarism, three
National Emergency Bills5 were passed and the
Chief Secretary made a remark on the
acceptance of nuclear armament.
The
invitation to “participate” that we received
merely invites us to a “human rights in terms
of human labor” situations that have been
carefully designed and developed by the
invitors. And yet do we go on with the
invitation carefully slipped into our bags?
You may think so, with the reasoning that “it is
important to discuss the issue.” For those
Voices from Japan
No. 11 Summer 2003
Gender and Law
who agree with the above reasoning, we offer
the following quote:
“Thinking of the way in the past in which
every time a woman said something harsh, or
raised a question, the men full of vanity would
say, the women are saying something again,
the women should quietly work in the back.
It makes me happy to see that today it is our
nation’s common place to have housewives
Cooperation” session, how close are we to the
“cooperative contribution of men and women
to war”…
Ms. Michiko Nakajima, a lawyer, has
been expressing these concerns since the
establishment of the Basic Law. I am in
complete agreement and I share her fears. Ms.
Yuko Suzuki, a scholar/historian of women’s
history, says the following about women
activists before World War II:
explaining one point at a time in the meeting
room of this Association the path this country
“…because women had been ostracized from
should follow, and to have men quietly listen
‘power,’ their approach to ‘power’ was more
to our words.” - The words of Fumiko Hayashi,
sudden… manipulation by the system to make
1941 (Suzuki 1997, 31).
6
‘power’ seem like ‘liberation’ was rampant.
The methods by the dominant powers were
What was the goal of this “participation”?
We need to discern the hosts of this invitation
and its system, to think thoroughly and
carefully the meaning of participating.
The Basic Law (1) has “men and women
being cooperative,” not “men and women as
equals” as its goal, (2) strives for the “securing
of opportunities” rather than “equality in
reality,” (3) defines “the obligation to ensure
the equal right of men and women,” but does
not have measures to eliminate discrimination
against women as stated in the Convention on
the Elimination of All Forms of Discrimination
Against Women (CEDAW), and it considers
itself to be a part of ”international harmony”
effort, (4) makes its goal the “balance of home
and other activities” based on traditional
gender roles and, (5) points out that human
rights may be sacrificed (or does not deny this
sacrifice) depending on socio-economic
conditions.
The Basic Law creates a
“Japanese version of a gender-equal society”
that differs completely from the aims of the
CEDAW, paving the way to integrate women
into a nationalist agenda. If the session of the
Diet that established the Basic Law was a “new
Guideline
for
U.S.-Japan
Defense
WOMEN’S ASIA 21
even
cleverer.
Therefore,
intense
confrontations with the system were justified.”
(Suzuki 1997, 222)6.
Confrontation. It begins by questioning
anew the meaning of “equality” and
“cooperation,”
“participation”
and
“contribution.” This is a question of how we
want to live, what kind of society we want to
live in; this is the heart of “human rights.”
We are not “human labor.” We cannot give
up “our human rights.”
References:
All references are written in Japanese. If you
would like to obtain the list, please contact
Asia-Japan
Women’s Resource Center
(ajwrc@jca.apc.org).
Footnotes (provided by an editorial staff):
1 The Law on Measures to Deal with Situations in
Areas Surrounding Japan reinforces the militarized
relationship between the US and Japan by allowing
the Japanese Self-Defense Forces to provide
logistical support, including transportation and
supply to the US Forces for the US interventionist
war.
Voices from Japan No. 11 Summer 2003
8
Gender and Law
2 The Law concerning National Flag and Anthem: It
is said that the Japan’s Rising-Sun Flag is a symbol
of the aggressive invasion to Asia during WWII and
a customary song “Kimigayo (The Emperor’s
Reign)” was a song about the Emperor, when he
should have been punished as a war criminal.
Therefore, lots of people in Japan and throughout
Asia opposed the bill to officially announce the
Rising-Sun Flag and Kimigayo as the national flag
and anthem.
3 Article 9: The Constitution of Japan is famous as
pacifist Constitution because of Article 9. “Article
9: Aspiring sincerely to an international peace based
on justice and order, the Japanese people forever
renounce war as a sovereign right of the nation and
the threat or use of force as means of settling
international disputes. In order to accomplish the
aim of the preceding paragraph, land, sea, and air
forces, as well as other war potential, will never be
maintained. The right of belligerency of the state
9
WOMEN’S ASIA 21
will not be recognized.”
4 National Mobilization Law (1938 - 1945) provides
the government the authority to secure and assign
human and physical resources for wartime use.
5 Three National Emergency Bills were passed on
June 6, 2003. Three laws concerning Japan’s
response to a military attack from abroad: the Law
Concerning Measures to Ensure National
Independence and Security in a Situation of Armed
Attack, the Law to Amend the Self-Defense Forces
Law, and the Law to Amend the Security Council
Establishment Law.
6 It has been said that Ms. Suzuki’s awareness was a
historical hindsight.
(Yukako
Yanagimoto:
Member
Women’s Resource Center)
Voices from Japan
No. 11 Summer 2003
of Asia-Japan
Gender and Law
Has the Equal Employment Opportunity Law
Protected Women Workers?
Mieko Takenobu
Since the enactment of the Equal
Employment Opportunity Law in 1985, the
legal framework of women workers has
drastically changed: the Equal Employment
Opportunity Law and Labor Standards Law
were amended, and the Part-Time Work
Research Committee issued its final report.
This article will explore how the change of the
legal framework affected working women,
based on information I collected over the last
fifteen years.
Cor rective Action Against Discr imination
was Non-Biding
The Equal Employment Opportunity Law
was expected to play a central part in the legal
framework for women workers. However,
discrimination against women in recruitment,
hiring, assignment, and promotion was not
prohibited but merely stipulated as non-binding.
This is why the law has been described as full
of loopholes from the very beginning. On the
other hand, protective regulations for women
were reduced in certain types of jobs, such as
administrative work, because the business
industry claimed that women must share the
same workload as men if they would like to
seek equal rights. Women had to assimilate
and adopt men’s lifestyles in order to eliminate
discrimination against them.
However, complete assimilation is
impossible for women, who also work or are
forced to work for an enormous amount of
unpaid work, such as household chores,
childcare, and nursing elders. Women find
WOMEN’S ASIA 21
themselves unable to fully “assimilate”
because they know that it would be difficult to
enter the workforce without solving these
unpaid labor issues based on the realities of
their daily experience.
Many women’s organizations at the time
the law was initiated, insisted that protection
towards women should not be abolished and
that overtime work should be restricted
regardless of gender. However, the Equal
Employment Opportunity Law was enacted
without taking their suggestions seriously.
A Decade to Prove its Loopholes
Loopholes in the Equal Employment
Opportunity Law were very large. In the
process
of
recruitment
and
hiring,
discrimination against female students hardly
improved. A decade after the enactment of
the law, the first half of the 1990s was still hard
times for college-graduate job seekers. In this
period,
gender-segregated
recruitment
continued in order to restrain the number of
female employees. This tendency triggered
an outpouring of criticism from women’s
organizations complaining the absence of equal
opportunities even in entry level jobs.
Following the criticism, the Ministry of Labor
revised the law in April 1994, by stipulating a
new guideline that the number of women in
recruitment and hiring shall not be limited.
However, corporations began to use more
sneaky ploys for gender-segregated recruitment.
A female student of Japan Women’s University
who attended the information orientation
Voices from Japan No. 11 Summer 2003
10
Gender and Law
meeting of a major beverage manufacturer said
that even though the application guidebook
mentioned nothing about gender, when she
asked a question about the job description, the
answer she received was: “only male
employees are engaged in sales, project
planning, and the development of major
products. Female employees deal with sales
of new products.” The company tried to
justify shutting the door on female students by
separating men and women according to types
of job descriptions.
This type of personnel management
system was popular in banking institutions and
trading firms. These corporations separated
career-track and non-career track jobs. The
former course has a promotion system and
guarantees lifetime job security. The latter,
on the other hand, has none of these benefits.
Male employees occupy a high proportion of
career track jobs. Only a few women workers
were allowed to be in career track jobs, while
all the employees in non-career track jobs were
11
WOMEN’S ASIA 21
women workers.
Even though only women fill non-career
track jobs, this was not illegal under the Equal
Employment Opportunity Law before the
amendment. The recruitment of only women
workers into non-career track jobs was
accepted in the name of promotion of women’s
participation in society. Such gender-based
discrimination in recruitment took place based
on a “norm” of a man-with-wife worker model,
where he devotes all his time for work,
disregarding time with his family.
A Ser ies of Lawsuits on
Wages
Discrimination
Women did not remain silent about these
challenges and difficulties.
The most
significant role of the Equal Employment
Opportunity Law of 1985 was giving “official”
permission to women, in principle, to
participate in the workplace and increase the
number of employed women. A 27-year-old
female engineer who worked for a mid-size
manufacturing
enterprise
demanded a revision of wage
differences from her boss. She
thought that it was proper that all
employees be treated equally.
In the winter of 1993, when she
had a conversation with two
other colleagues about how they
spent their salary, she learned
that her younger male colleague
received a higher monthly
payment than hers by more than
13,000 (approximately $100).
She asked her boss, the company
executives, and the president for
an explanation about this wage
difference. However, she only
found that the difference became
slightly smaller at the next
regular payment raise.
She
Voices from Japan
No. 11 Summer 2003
Gender and Law
protested again, but the company ignored her
allegation. Then she consulted the Prefectural
Women’s and Young Workers’ Office
(currently called the Equal Employment
Office) and Labor Standards Supervision
Office on the matter. A few weeks later, the
company suddenly announced that they would
eliminate gender-based wage differences for
college graduate employees. Later, however,
the assessment of the abilities of all of the
women workers was downgraded resulting in
lower wages. The company insisted that this
reduction in salary was not gender-based
discrimination but due to gap in abilities.
Although the principle of gender-equal
payment is stipulated in the fourth article of the
Labor Standards Law, this principle does not
prohibit indirect discrimination. According to
a survey by the Ministry of Labor in 1993, the
average wage of regular Japanese woman
workers was only 62% that of men workers
(when part-time women workers are included,
the figure decreases to 52%). The wage gap
between male and female employees was not
reduced even after the enforcement of the
Equal Employment Opportunity Law.
At the time of the enactment of the Equal
Employment Opportunity Law, consulting the
director of the Women’s and Young Workers’
Office and reconciliation at the Equal
Opportunity Mediation Commission were ways
to seek solutions to the problems of women
workers.
However, the results of an
administrative inspection published by the
Management and Coordination Agency in 1991
showed that even advice from the Women’s
and Young Workers’ Office did not necessarily
lead to a solution, and problems were
prolonged. As a matter of fact, the Equal
Opportunity Mediation Commission has
assembled only once in Osaka, even though
there were more than 100 applications to it
from across the country. This is due to two
WOMEN’S ASIA 21
main obstacles; a committee meeting can only
take place when the director of the Women’s
and Young Workers’ Office considers it
necessary, and when the company accepts an
offer to convene a meeting.
The only case heard by the Mediation
Commission was that of the female employees
of Sumitomo Metal Industries, Ltd., who
submitted an application for a committee
meeting to address gender discrimination in
promotion and wages. The mediation plan
was not satisfactory to improve individual
treatments; therefore the employees did not
accept it.
The Equal Employment Opportunity Law
merely brought a superficial change, but
nothing had really improved.
Women
workers continued to struggle with having no
functioning organization to work for their
claims. The only option left for women was a
lawsuit. In the 1990s, the wide gap between
the ideals and the realities of the law caused
recurrent lawsuits for wage disparity
adjustment. Support networks such as the
Working Women’s Network also appeared in
order to assist female employees in taking legal
action against gender discrimination in the
workplace.
Tr ansition
from Welfare to Equal
Employment
The Equal Employment Opportunity Law
was amended in 1997 reflecting the problems
pointed out by the women’s movement and
actions taken by independent groups and
women. A booklet supervised by a lawyer,
Ms. Michiko Nakajima, “Working Women and
Labor Laws 2002, hataraku Josei to
Roudou-hou 2002 nendo-ban” by the Bureau
of Industrial and Labor Affairs in the Tokyo
Metropolitan Government, summarized the
changes of the 1997 amendment in six points:
1. It is prohibited to discriminate against
Voices from Japan No. 11 Summer 2003
12
Gender and Law
women in recruitment, hiring, assignment, and
promotion. Discrimination in education and
training, which used to be partly banned, is
now totally prohibited;
2. A sanction measure is included to
disclose the names of companies which
infringe the law;
3. The clause which necessitated “consent of
the other party” to initiate arbitration was
abolished;
4. Positive action is introduced;
5. An obligation to create measures to
prevent sexual harassment is included;
6. The Protection of pregnant and
childbearing women is reinforced.
The clause, which confined women into certain
job categories, was also eliminated. Every
measure was taken to fix the flaws found in the
1985 law. The title of the law also changed
from “Law Respecting the Improvement of the
Welfare of Women Workers Including the
Guarantee of Equal Opportunity and Treatment
between Men and Women in Employment” to
the “Law on Securing etc. of Equal
Opportunity and Treatment between Men and
Women in Employment.”
This shows,
according to the report that the law has
developed from a welfare law for women into a
law for gender equality.
In 1997, the Labor Standards Law was
revised to abolish all of the provisions for the
protection of women such as the prohibition of
women’s night shift work and overtime work.
Before the revision, women were able to work
overtime without limit if both women workers
and their company agreed. It would have
been almost impossible to achieve a reasonable
daily schedule if the women worker’s
protection clauses had been abolished without
any consideration of the double standard for
women overtime work and unpaid work at
home. The protection clause was abolished
on the premise of setting a limit on overtime
13
WOMEN’S ASIA 21
work of employees of both genders.
Furthermore, in 1998, another clause
which applies to both genders was added so
that agreements between workers and
companies in overtime work were subject to
limits set by the Ministry of Health, Labor and
Welfare. Although it was still not sufficiently
effective, it was the first step toward
recognition of a reasonable human life which
includes some activities other than work.
The Creation of “Exceptions”
At the same time, however, a new trend,
which might ruin these hard-won efforts,
emerged. That was the reduction of labor
costs to cope with intensifying global
competition in the globalization of market
economies.
Japanese women performed all unpaid
work in the areas of family care and
childrearing. Welfare costs, therefore, could
be cut down, and public funds were
concentrated on economic development. In
return, employers gave middle-aged men, who
were considered the head of the household,
high salaries, parts of which were supposed to
be distributed to women.
In this system, however, a man was
expected to be solely responsible for a family’s
living expenses, which increased as the
standard of living went up. To keep up with
the surge in living expenses during the
“bubble” economy era, the income of full-time
male workers rapidly increased while women
were employed in part-time jobs without social
security, or worked in supporting roles in
non-career track jobs with no opportunities for
increases in salaries regardless of length of
service. As a result, the disparity in the
salaries of women and men widened.
Many companies found part-time workers
useful in order to lower labor costs. Part-time
work in Japan mostly entails fixed-term
Voices from Japan
No. 11 Summer 2003
Gender and Law
employment in which the contract of
employment expires at a certain point, rather
than referring to less than full time hours each
week/day. It was hard for part-time workers
to demand improvement in employment
conditions because they were afraid that their
contracts would be terminated.
For
employers, it was easy to fire part-time
workers.
While wage differences between women
and men in full-time jobs were strictly subject
to the law, the next tactic taken by employers
was “indirect discrimination.” Inequality in
wages or the treatment of part-time workers
was not considered to be gender discrimination
because the form of employment is different
from full-time employment.
Due to concern surrounding the declining
birth rate, the Child Care and Family Care
Leave Law was enacted in 1991, and was
amended in 2002 to include a ban on
discrimination for taking maternity leave.
However, this law does not apply to part-time
workers. It was found in a Labor Force
Survey conducted by the Ministry of Public
Management, Home Affairs, Posts and
Telecommunications that the number of
part-time female workers constituted nearly
50% of all women
workers in the past
few years.
This
means that half of
women
workers
cannot enjoy the
benefits of the law.
A new strategy of
employers was to
contract out more
workers because the
law then could not
apply to them even if
it was strengthened.
WOMEN’S ASIA 21
Expanding Networ ks to Use Laws
Effectively
The 1985 Law was designed on the
assumption of a worker having a wife that
undertook unpaid work and, accordingly,
women workers had to assimilate to this model.
There should have been more day-care centers
established in order for women to be able to
work like men. Nevertheless, in the 1980s,
public day-care centers and nursing centers
were reduced as administrative reform
proceeded. As a consequence, many women
had no other choice but to engage in part-time
jobs with little payment, and wage differences
did not change.
Some women were forced to delay
marriage and birth to adjust themselves to the
male worker model. Declining birth rates and
wage disparity came as a natural result of the
1985 Law which expected women to be
devoted to welfare work, excluding them from
the model of a “worker,” which presupposed a
male worker.
Amendments of the Equal Employment
Opportunity Law and Child Care and Family
Care Leave Law intended to solve these
problems, given vigorous protests from women,
including lawsuits.
However, the next
Voices from Japan No. 11 Summer 2003
14
Gender and Law
strategy of employers was to mass-produce
positions for part-time or fixed-term workers
so that they did not have to comply with the
law that intended to protect women workers.
A final report released in July 2002 by the
Part-Time Work Research Committee of the
Ministry of Health, Labor and Welfare pointed
out that part-timers’ working conditions and
employment security were not good enough
although they were becoming a central part of
the nation’s workforce, and addressed the need
for improvement. This final paper can be
considered as a big step.
Yet a clause was included which justified
different treatment towards full-time workers
and part-time workers who occupy the same
positions at work. That is, the former was
bound by restrictions, such as assignment,
conversion of work positions, and overtime.
These conditions put women workers at a
disadvantage since women tend to be in charge
of family responsibilities.
Since Japan
ratified
the
Workers
with
Family
Responsibilities Convention, the inclusion of a
clause which places part-time workers, who are
most likely to be women, at a disadvantage
could be considered a violation of this
convention.
Companies
transitioned
from
discriminatory recruitment by gender to
discriminatory recruitment by job category.
As has been criticised, they changed tactics to
employ women as part-time workers, who are
as a result, suffering from indirect
discrimination. It can be said that this final
report by the Part-Time Work Research
Committee of the Ministry of Health, Labor
and Welfare prepares for a shift towards
another type of indirect discrimination, that is,
discrimination against women with family
responsibilities from discrimination against
part-time workers.
15
WOMEN’S ASIA 21
Despite the fact that attention is paid to
work sharing, which reduces labor hours per
person and increases the number of employees
as unemployment rates go up, companies often
take measures to shorten a full-time worker’s
hours along with wage reduction, and give
priority to reducing labor costs by such
measures as employing more part-time workers
with insecure employment.
Organizations and unions of part-time
workers, most of which are community unions,
are being formed throughout the country in
order to challenge these changes. Labor
unions for women were established in major
cities and local areas as well. With Support
from unions, some part-time workers won
childcare leave or annual leave in spite of
being fix-term workers.
There have been two transitions taking
place in the regulations for women workers
since the establishment of the Equal
Employment Opportunities Law; one was to
move away from considering women as
disposable and convenient labor engaged in
welfare work without payment, and the other
was a shift in the labor model from the head of
a household supporting a family to a worker
with family responsibilities. It is women’s
close networks of information and action that
have played a vital role in this transition. It is
important to expand these networks further to
make laws effective and useful to us.
References:
All references are written in Japanese. If you
would like to obtain the list, please contact
Asia-Japan
Women’s Resource Center
(ajwrc@jca.apc.org).
(Mieko Takenobu: Journalist)
Voices from Japan
No. 11 Summer 2003
Gender and Law
Misguided Maternal Protection Law
Yukako Ohashi
The Maternal Protection Law has been in
force in Japan since June 1996. Some of you
may have seen a sign with the words
“Authorized by the Maternal Protection Law”
at the entrance to or in an advertisement for an
obstetrics-and-gynecology clinic. One may
get an impression that the law is intended to
protect maternal health, pregnant women, and
the mother’s body.
However, the actual
content of the law is quite different from one’s
original impression.
The first article of the first chapter of the
General Provisions states “the purpose of this
law is to protect the life and health of maternity
by establishing particulars on infertility
operations and medical abortions.”
The second chapter is on medical
operations for infertility. In recent years, a
medical operation for infertility has become to
be understood as medical technologies that
assist reproduction for pregnancy, that is,
infertility treatment.
However, a medical
operation for infertility as used in this chapter
means “a medical operation to disable
reproduction without removing genital glands.”
In other words, it is a medical operation to
prevent pregnancy.
The third chapter is on the protection of
maternity. It stipulates physician-authorized
medical abortions and a physicians’ guidance
for controlling conception. The Maternal
Protection Law is a law stipulating medical
operations to prevent pregnancy.
Many women are capable of bearing
children, but that does not necessarily mean
that every such woman gives birth. However,
women
without
children have been
WOMEN’S ASIA 21
discriminated against for a long time because
of deeply held general beliefs such as “a
woman becomes a full woman-being by
bearing a child” or “bearing a child is a matter
of course.”
Historically, women’s bodies
were often controlled by the state or rulers for
increasing and sometimes for decreasing the
population as well.
For over 100 years since the crime of
aborting a fetus was introduced into the
criminal law in 1880 and even today, in the
21st century, Japanese law stipulates medical
abortion as illegal. The 212th article of
chapter 29 (The Crime of Abortion) in the
Criminal Law states “a pregnant woman who
has an abortion with the use of medical
substances or with other methods, will be
subject to imprisonment of one year or less.”
During Japan’s war of aggression through
1945, while medical abortions were prohibited
and contraception became subject to control,
women were considered as “reproduction
troops” with a policy to “bear more children
and populate your country.” Women were
forced to give birth not only by the state but
also sometimes by other people surrounding
them, including their husbands. The lack of
availability of contraceptive methods and lack
of cooperation in contraception by their
partners sometimes resulted in a woman’s
pregnancy (we also often hear of this in the
current era). In that scenario, with abortion
being illegal, some women were harmed by
risky back-alley abortions and, because of this,
some of them lost their lives. Some chose to
commit suicide and some had no choice but to
give birth against their will. This is a reality
Voices from Japan No. 11 Summer 2003
16
Gender and Law
even now in places where abortion is
prohibited by law.
It is a woman’s fundamental human right
that she is able to choose - without being
coerced - whether to give birth or not. (I
believe this is the basic reproductive right.)
As a strategy toward this goal, access to
contraceptives and medical abortion, as well as
a support system for women to raise children
with a sense of security are necessities.
Although it was included as an exception,
with the crime of abortion still in effect, the
Eugenic Protection Law of 1948 made medical
abortions, which had been previously
prohibited by law, available at clinics.
Conditions for women became better if not the
best.
However, the motivation of this
particular law did not lie in reproductive rights,
but rather in population control.
Both before WWII and in the modern age,
while the state and the social system encourage
women to give birth, they sometimes force
women and their partners, despite their wills,
not to have children. In fact, the Eugenic
Protection Law was used to make handicapped
and infirm individuals, according to the state,
give up their right to have children. For
example, patients who had Hansen’s disease
(leprosy) were forced into sterilization or
medical abortion in return for the privilege to
marry within the sanitarium.
Sometimes,
such operations were performed even without
the consent of the patients.
The first article of the Eugenic Protection
Law states “the objective of this law is to
protect the life and health of maternity while
preventing the births of inferior descendants.”
You may recall having seen a similar statement
rather recently. If so, it is because it is
identical to the first article of the Maternal
Protection Law mentioned at the beginning of
this article, except a few words such as
“inferior descendants” have been removed.
17
WOMEN’S ASIA 21
At the end of the 20th century, the National
Diet finally realized that the Eugenic
Protection Law was violating human rights,
removed any clauses related to eugenics and
renamed it the Maternal Protection Law. This
means the problem was simply swept under the
rug. The eugenic ideology that disabled and
infirm individuals ought not exist and bear
children is still present in laws and in the state
system. Violations of human rights under the
Eugenic Protection Law have never been
examined.
Neither
apologies
nor
compensations have been made to the victims
of the Act. No public activities or education
have been introduced for changing the
awareness of the public.
In addition, the idea that women’s bodies
can be used as a means of controlling the size
and quality of the population has not changed
at all. The evidence for this fact is the
combination of the Crime of Abortion, the
Maternal Protection Law, and the Mother and
Child Health Law. The Mother and Child
Health Law established health checkups and
the booklet (Boshitecho) to keep track of the
child’s health and immunization. This law
was enacted to supervise the mother and
newborn so that the child will grow up capable
of joining the workforce.
Women are the ones who own bodies
capable of pregnancy.
They will surely not
conceive a child without men, and indeed
sharing childbirth and child-rearing is
important; however, the physiological change
called pregnancy occurs only within women.
Therefore, women ultimately should have the
right to choose with her own will whether or
not to give birth. As far as sexual intercourse
is concerned, there must be no violence or
coercion involved, her body and feelings must
not be trampled but respected. It is essential
that safe and affordable contraceptives are
available to all.
Voices from Japan
No. 11 Summer 2003
Gender and Law
Furthermore, when individuals are
discriminated against by being discouraged to
have their own children because they are
disabled, poor, immigrants, or from a minority
background, it is a violation of reproductive
rights. Finally, we need social support for
bearing and rearing children as well.
The Maternal Protection Law lacks the
perspective of these reproductive rights. In
terms of women’s human rights and the
protection of maternity, one has to say that this
particular Law is misguided.
In Japan as in many parts of the world,
women have not acquired enough reproductive
rights yet, and now the partial reproductive
rights achieved through various movements are
subject to backlash.
The Bush Administration of the United
States is attempting to promote abstinence
education as it denies the reproductive rights
confirmed at the UN International Conference
on Population and Development in Cairo. In
Japan, there is now a movement to recall the
educational booklet entitled “Love and Body in
Adolescence” intended for middle school
students, as some claim that “explicitly
introducing contraceptive methods is going too
far.” There is also a movement to delete the
sections on reproductive rights from the
Ordinance of Gender Equality of each local
government. Furthermore, a measure against
low birthrate is now about to be established,
which is the modern version of “bear more
children and populate your country.”
The common factor of the backlash
arguments is based on the patriarchal ideology
that women are not allowed to decide whether
or not to give birth in order to protect “the
traditional family” and the fixed gender roles.
The right of self-determination, “who decides
what and for whom,” is in jeopardy. The
identical framework to the one adopted by the
United States and Great Britain in their attack
on Iraq with the argument “for the freedom
and democracy of the Iraqi citizens,” is
occurring everywhere. A characteristic of
backlash arguments is that women, youth, or
those who cause inconvenience to the
self-interest of the backlash are not allowed to
have self-determination and self-actualization.
To resist this backlash, we held a rally on
the 16th International Day of Action for
Women’s Health (May 28), appealed by the
Women’s Global Network for Reproductive.
To acquire what we have not acquired and at
the same time to not allow what we have
finally acquired to be taken away, we have so
much to strive for everyday.
For
more
about
SOSHIREN,
http://www.soshiren.org
visit
(Yukako Ohashi: Member of SHOSHIREN, visit
http://www.soshiren.org
WOMEN’S ASIA 21
Voices from Japan No. 11 Summer 2003
18
Gender and Law
The Reality and Law Governing Non-Japanese Women
Living in Japan
Keiko Ohtsu
The Women’s house, HELP, is a shelter that has worked
in the forefront to provide safe places for women and
children seeking help, regardless of their nationality of
legality. Now in its 17th year, HELP has sheltered
3,557 adults and 838 children including both Japanese
nationals and non-Japanese.
The following is an
interview with Ms. Keiko Ohtsu, a director of HELP,
which discusses the realities and situations that
non-Japanese women face in Japan.
- Today, we would like to ask you about whether
recognize human tr afficking as a serious issue
J apanese law is effective in protecting women’s
and take responsibility because of HELP’s
human r ights, and if not, what approaches and
activities?
steps should be taken. We would especially like to
That is probably a part of the reason, but I
think it has more to do with the fact that the
problem is so serious. Unbelievably large
numbers of women are being sent into Japan.
Thai and Philippino women were sent in first,
which led to a series of homicides. From the
late 80’s to the early 90’s, there were close to
20 incidents where women killed or injured
other women from the same Asian origin.
Incidents have occurred in Ibaragi, Tokyo,
Chiba, Osaka, Nagoya, and Shikoku. Why
did these women feel the need to commit
homicide? They were all brought to Japan,
and put to work in the sex industry. Some of
them married and became partners with
Japanese men, and began exploiting other
Asian women. This cruel situation ultimately
led to homicide.
In the past 10 to 15 years, NGOs in
various regions have begun to take charge, and
support victimized women by telephone
focus on the r ights and laws for non-J apanese
women living in J apan. When did lawyer s start
par ticipating in HELP?
HELP was established in 1986, and
women lawyers started cooperating from very
early on. As the number of Asian women who
came to HELP has increased, violation of their
human rights has become more and more
visible in Japanese society. During the first
decade, the lawyers took legal actions mainly
to take back non-Japanese women’s passports
from the employers, and to collect unpaid
wages. Recently, in cases such as trafficking
of women, lawyers have become less and less
involved. It is the embassy that takes the lead
in such issues. The embassies accept those,
who are escaping from trafficking and bring
them to HELP.
- Do you think that the embassies have begun to
19
WOMEN’S ASIA 21
Voices from Japan
No. 11 Summer 2003
Gender and Law
counseling.
- How are lawyer s involved in the issue now?
Most of the lawyers work for
non-Japanese victims of domestic violence
(violence from husbands or partners).
Including those where the husband is of
foreign nationality and the wife is Japanese, we
have five domestic violence cases currently
pending. There are also many divorce and
custody cases.
We ask the lawyers to
participate in cases from the very beginning
because it is more beneficial that way.
- The domestic violence cases are the greatest in
number ?
Yes. In addition to human trafficking.
According to last year’s data, 44% of the
non-Japanese clients of HELP came to Japan as
a result of human trafficking, women from
Thailand, Colombia, Ukraine, and the former
Soviet Union. Those from Russia and the
Philippines often come to Japan with
Entertainment Visas. They come to Japan as
entertainers, such as singers and dancers, but in
reality they are sent to the sex industry.
Although they have a valid visa, they are sent
to strip clubs. Some of them end up being
victims of sex crimes at such places. The
situation becomes intolerable, and they come
to us seeking help.
- Do you see any differences in the way society
has dealt with such issues within the last 10
year s?
10 years ago, most of the victims were
single women. Recently, many more of these
women have been coming to HELP for
domestic violence. These women left their
families behind and flew from their country by
themselves. They came here to work at clubs
and bars, and they met and fell in love with
Japanese men and had families. But they had
WOMEN’S ASIA 21
to run away with their children due to domestic
violence.
Although there are quite few
Japanese women who also come to HELP,
those who come with children are mostly
non-Japanese women. They have nowhere
else to go. They are ineligible for public
assistance. They go from organization to
organization and finally end up with us. As a
general rule, residents are only allowed to stay
at HELP for a total of 2 consecutive weeks, but
in reality, their situations are very complex,
and some end up staying for 2 - 3 consecutive
months with us. The longest resident stayed
for a year. If they have a possible way of
residing in Japan, we help them with the legal
process. Those without valid visas are not
eligible for public assistance and cannot seek
refuge in public places, even in case of
emergencies.
Although they are married to Japanese
husbands, they do not have visas because the
husbands do not understand the difference
between marriage and legal residency. They
mistakenly believe that marriage automatically
implies legal residency, so they do not bother
to go through the necessary procedures to
obtain a visa. As a result, no visas are issued
to these women.
Another problem lies in children who are
born to Japanese citizens but have no
citizenship or residency in Japan. This is
common in cases where Japanese men marry
non-Japanese women who are pregnant with
their child. When a child is born before
marriage, the Japanese father must go to the
Legal Affairs Bureau and apply for the child’s
citizenship. In cases where the application is
not made, the child is left only with its
mother’s nationality and does not obtain
Japanese citizenship.
- Is the birth registered?
Yes, most births are registered.
Voices from Japan No. 11 Summer 2003
To
20
Gender and Law
obtain nationality, however, the father must
complete the necessary procedures. Another
reason for lack of nationality may be because
the parents are not legally married. If the
father and mother are not legally married, the
father must legally recognize the child while
the child is still in the mother’s womb. When
this legal recognition is made, the child can
obtain Japanese nationality.
Once born,
however, the child is no longer eligible for
Japanese nationality. In Japan, nationality is
only admitted through this process of
recognition. If the mother is Japanese, the
child is awarded Japanese nationality no matter
who the father is. However, when the father
has Japanese nationality but the mother does
not, the child cannot acquire Japanese
nationality after it is born. This is in cases
where the parents are not legally married.
Japanese society places such an emphasis on
“blood” based lineage.
As far as nationality is concerned, Japan
has a long way to go in giving women and
children the legal rights they need in order for
them to be able to reside in Japan legally.
Further, I mentioned earlier that people without
visas are not eligible to receive public support
and aid. Even if women and children incur
violence from Japanese husbands or fathers, if
the children and women are overstaying in
Japan and have not taken the necessary
procedures, no matter where they go, they will
be turned away and told “No, you don’t have a
valid visa.” Those people come to HELP.
As a rule, HELP aids in the divorce of the
Japanese father and the non-Japanese mother,
and helps the mother gain legal custody of the
child, then helps the child apply for Japanese
nationality. In Japan, the father and the
mother must both go to the Legal Affairs
Bureau to request nationality. While they are
still married, the application for Japanese
nationality cannot be made without the
21
WOMEN’S ASIA 21
presence of the father. If they are divorced
and the mother has custody, the non-Japanese
mother becomes the sole guardian and thus can
apply for the nationality of her child by herself.
Once the child gains nationality, the mother
also becomes eligible for Japanese residency as
the guardian of a Japanese national. The
residency is not awarded to the woman as an
individual but is a special residency based on
the premise that she is raising a Japanese
national. Non-Japanese women have to face
racial
discrimination,
gender-based
discrimination from their husbands, and social
discrimination. There are many factors in
Japan that contribute to a difficult environment
for these women to live in.
- Do you believe that the law ser ves a useful
pur pose for these women in dealing with such
difficult situations?
With respect to violence, the Law for the
Prevention of Spousal Violence and the
Protection of Victims (DV Prevention law)
applies. This law seeks to protect all women
who are victims of violence, regardless of
residence eligibility and nationality.
The
Ministry of Welfare, however, argues that taxes
cannot be used for women and children
overstaying in Japan even if they are married to
a Japanese national. For example, if the
woman seeks aid from public, governmental
organizations as opposed to private,
non-governmental institutions, the public
organizations providing aid must submit an
official report, and care can only be given on
condition that the individual will return to her
country. We have confronted this situation
many times, but so far, no changes have been
made. We are in the process of negotiating
with each local government to accept these
individuals.
- It almost seems that instead of tr ying to save
Voices from Japan
No. 11 Summer 2003
Gender and Law
these women and improve their situation, the
gover nment and officials want these women to
same rights as what the Japanese people enjoy
in Japan.
leave the countr y to get rid of as many foreigners
as possible.
- There are shelters similar to HELP that exist
Yes. It is clearly stated in the DV
Prevention law that any kind of violence is a
criminal act regardless of nationality, but in
many cases, women are victims of violence
from their husbands, and the government has
done nothing about it. It is a violation of the
human rights of these victimized women not to
offer aid just because they are overstaying in
Japan.
Especially in cases where these
women have children with Japanese nationality,
not offering help is in violation of the
Convention on the Rights of the Child. In
order to improve the situation, we have made
necessary demands by petitioning, but this is
all we can do so far.
There is an organization called
“Ijuuroudousha to rentai suru network
(Network with immigrant workers)” that has
been working to offer
support to non-Japanese
workers in various areas of
Japan for more than 10
years. They have started
to
petition
to
the
government. For example,
they are petitioning the
government on what needs
to be changed and how,
including labor
issues,
education issues, women’s
issues, and medical issues.
These
petitions
are
extremely well articulated.
HELP participates in the
“women’s rights” section of
these petitions. We would
like to use these petitions
effectively so non-Japanese
living in Japan can gain the
over seas.
WOMEN’S ASIA 21
Do
the
laws
gover ning
these
institutions var y from countr y to countr y?
England, the United States, Canada, and
European countries had DV Prevention laws
far earlier than Japan. In the US, there was a
law known as the “Thumb Rule.” Under this
law, men were legally permitted to strike
women with an object the size of a thumb.
Women have fought against this law. In the
70’s, thanks to women’s movements, violence
began to be recognized as a “social problem”
as opposed to an “individual’s problem.”
This was when they started to establish
shelters.
In Japan, the law finally began to take full
effect this April, 20 years behind the United
States. However, the DV Prevention law can
only apply to spouses (including persons who
Voices from Japan No. 11 Summer 2003
22
Gender and Law
are in a de facto state of marriage, i.e. residing
in the same household, sharing properties)
even if the marriage has not been legally
registered).
- How about divorced husbands?
The law is effective if the violence
occurred prior to the divorce and if that
violence was reported, or if the violence is
continuing. Once divorced, however, if the
woman has already begun a new life
somewhere else, and is unluckily found by the
battering husband and suffers violence, the DV
Prevention law does not apply.
It is
problematic that the specific term “spouse” is
in the law. This term became part of the
legislation at the insistence of House member.
Japan’s Diet is overwhelmingly male
dominated.
The male members strongly
asserted that it is not only the wives that suffer
from spousal violence and some husbands also
suffer from violent wives. Right during that
period, there was a case known as the
“frying-pan incident” whereby a woman killed
her husband with a frying pan. It was claimed
that “men can also be victims” and, thus, they
included the term “spouse.”
This term,
however, is extremely inappropriate.
- How about the Prostitution Prevention Law?
It has been 45 years since this law passed
in Japan. The law itself was made to ban
public prostitution, which was called Akasen
(the so-called red-light districts). The law
intended to save those women and liberate
them. In reality, however, it is the women
themselves who are penalized by this law.
The women are arrested for a crime of
prostitution and also public soliciting for the
purpose of prostitution. The men, who go out
with women and participate in prostitution, are
not punished. We often refer to this as a law
of loopholes.
23
WOMEN’S ASIA 21
- Isn’t the law effective in ter ms of ar resting
mediator s/pimps of prostitution?
Not really.
The prostitution around
Kabukicho in Shinjuku is often exposed.
However, it does not disappear. I believe that
punishment should be directed at the men who
buy women. Child prostitution, especially
with girls, is a big issue now, if they are under
18 years of age. There are men out there who
purchase women and children regardless of its
illegality. This is not a women’s issue or a
children’s issue, but a men’s issue.
Moreover, I would like to talk about what
we can do to protect the women involved in
prostitution. There is a claim that recognizing
prostitution as “sex work” and “sex industry”
will eventually decrease the amount of
exploitation because the Labor Standards Law
can control “sex work.” According to this
claim, the legalization of prostitution might
give women’s rights as workers and reduce the
problems. However, I do not agree with the
idea. How much damage do the women have
to face? For the situation in Japan, where
women are forcibly and unreasonably made to
work and are suffering from sexual violence, it
is questionable how much improvement will be
brought about just by giving women more
“rights.”
There are so many steps that must be
taken in dealing with each individual problem.
There is a law in Japan that prohibits human
trafficking. This is based on the UN
agreements on human rights (the first Geneva
Convention, the International Covenant on
Civil and Political Rights, the Convention on
the Elimination of All Forms of Discrimination
against Women, and the Convention on the
Rights of the Child). This law is directed at
Japanese women going overseas from Japan as
prostitutes (the so-called Karayuki-san). It
does not protect people who come from or are
Voices from Japan
No. 11 Summer 2003
Gender and Law
sent from foreign countries to Japan. Japan
must create a measure to counter human
trafficking so it can ratify the UN trafficking
protocol.
I was involved in the council for gender
equality of the Cabinet office for violence
against women, where the DV Prevention law
was debated during the first year. Afterwards,
we discussed issues such as sexual harassment,
stalkers, and sexual exploitation of children.
When I requested that the issue of human
trafficking be raised, the person in charge told
me that it was too early because the issue was
not widely recognized in society. Regardless
of the vast number of victims of human
trafficking, this issue is “unrecognized.” I felt
a strong need for people like us to speak up. I
demanded that the issue of human trafficking
be raised in the Cabinet as one form of
violence against women.
The issue was
eventually raised and discussed.
- Do you mean that the police are hesitant to
- I am certain that HELP has the names of those
- Do you believe that a law, as a back up and
who ser ve as mediator s/pimps in inter national
suppor ter, is necessar y?
human tr afficking.
Definitely. Laws are effective. Thanks
to the DV Prevention Law, women who are
suffering from domestic violence can speak up
and report. The police now know exactly
what to do to handle such cases. This is clear
proof. If the police could not deal with a DV
case properly, they would be questioned for
their responsibility. Therefore, there is a
definite merit in having a clear law.
Can you repor t them to the
police?
The police will say, “if there is evidence,
we can arrest them.” However, there is not
enough evidence to arrest these people. Even
if the mafia involved in human trafficking were
arrested under the Immigration Law, they
would pay their fine and do the same thing all
over again. The women who are victims of
human trafficking often remember their
broker’s names, and the embassies often hold
definite evidence for these crimes, but arrests
are very seldom made.
make ar rests even though there is sufficient
evidence?
Yes. It could be because of the lack of
human resources for working on such cases.
However, as the DV Prevention law shows, the
police will take an action if there is a legitimate
law that obligates a certain action. In this
respect, a law is necessary. We need a law to
make police work.
- Both of the DV Prevention Law and Stalker
Prevention Law passed only after incidents
occur red. Is that right?
Yes. Human trafficking is often invisible.
The Japanese public sees victims as people that
“voluntarily came to Japan in order to be
prostitutes, and people who chose to break the
law to earn money.” HELP, as a shelter, must
speak up for the reality based on our
experiences.
(Interviewer:
Noriko
Yoshimoto,
Asia-Japan
Women’s Resource Center)
GGGGGGGGGGGGGGGGGGGG
WOMEN’S ASIA 21
Voices from Japan No. 11 Summer 2003
24
Gender and Law
The View from Okinawa:
Women and US Military Bases
Focus on the Status of Forces Agreement
Takako Motonaga
People often say that you can see the
effects of the US-Japan Security Treaty most
clearly from Okinawa, but the viewpoint of
Okinawan women brings them into even
sharper focus. Though it is now thirty years
since Okinawa was returned to Japan,
seventy-five percent of all US military
installations are still located on the islands.
Okinawans continue to suffer from the
contradictions between the US-Japan Security
Treaty and domestic Japanese law.
Noise Pollution
The central area of the main island of
Okinawa has the greatest concentration of US
military facilities, including Kadena Air Base,
the largest US Air Force installation in the Far
East. In February 1982, residents of six
towns and villages in the area, including
Okinawa City and Kadena Town, instigated
legal proceedings to protest noise pollution
from Kadena Air Base. At the trial, they
requested “a ban on night test flights between
the hours of 7 pm and 7 am,” “a ban on the
emission of noise exceeding 65 phons between
the hours of 7 am and 7 pm,”
and ”compensation for past and future damages
due to noise pollution.”
By the time they graduate from high
school, children in this area are said to lose one
full year of class time due to the roar of jets
flying overhead.
Daily life is constantly bombarded by
noise, affecting citizens both physically and
mentally. A disproportionately high number
25
WOMEN’S ASIA 21
of premature births and low birth weights are
recorded among babies born to local women.
Over fifty years of subjection to high levels of
noise has resulted in countless cases of hearing
loss. In a three-year study conducted by
Okinawa Prefecture beginning in 1995, eight
people were diagnosed that the cause of their
hearing-impairment was definitely noise from
Kadena Air Base, (particularly in the nearby
coastal region of Chatan). The judge, citing
the “fovereign immunity” doctrine, refused to
ban night test flights, despite this medical
evidence.
Problems Concerning Nationality, “Inter national
Marr iage,” and Divorce
According the statistics provided by the
Okinawan Prefectural Military Base Affairs
Office (which deals with base-related
problems), as of September 2001, the total
number of military personnel, civilian
employees of the military, and family members
located in Okinawa were as follows:
- Military personnel: 24,587 (As of March,
2001, Marines: 15,317, Air Force: 6,755,
Navy: 1,569, Army: 946)
- Civilian employees: 1,355
- Family members: 23,337
This comes to a total of 49,279. The census
for 2000 found the total population to be
1,193,768, which means that American military
personnel, employees of the military, and their
civilian family members constitute 4.1% of the
population of the main island of Okinawa.
The Dynamic Statistics of Population
Voices from Japan
No. 11 Summer 2003
Gender and Law
compiled by the Ministry of Health and
Welfare show there are 200 to 300 marriages
(1991 - 1998), and 40 to 80 divorces (1992 1998) each year between American men and
Japanese women in Okinawa Prefecture.
These figures represent 80-90% of all
marriages and divorces between non-Japanese
men and Japanese women per year in Okinawa
Prefecture. Compared to statistics for Japan
as a whole, the percentage of all marriages
(including those between Japanese) filed by
marriages between American men and
Japanese women is 15 times higher in Okinawa
Prefecture, and the percentage of all divorces,
14 times higher.
In addition, of the total number of births
for 1998, 1.47% of babies in Okinawa were
born to American fathers and Japanese mothers,
which is a rate 13 times higher than for the
Japanese population as a whole.
Many
problems arise in Okinawa due to this high rate
of international marriages.
According to Japanese law, a Japanese
national giving birth on American soil must file
an Application for the
Reservation of Citizenship at
the
nearest
Japanese
Embassy or Consulate within
three months of birth, or the
child’s Japanese nationality
cannot be guaranteed (The
Nationality Law, Article 12;
The Family Registration Law,
Article 104, Item 1). If this
procedure is not followed,
the parents must apply to the
Minister of Justice, and
complete the paperwork
necessary to have the child’s
Japanese
nationality
reinstated (The Nationality
Law, Article 17, Item 1).
The following two points are of particular
WOMEN’S ASIA 21
importance here. The first is that “the child
must have completed the process of Alien
Registration,” and the second, that 妬 f the
child is under 15, his or her guardian must
submit the application (The Nationality Law,
Article 18). If the mother is submitting the
application, she must have the consent of the
father who shares parental custody of the
child.”
The issue of the father’s consent is a
particular problem, because in reality, the
father himself is required to report to the Local
Civil Affairs Bureau, which often makes
reinstatement of the child’s nationality very
difficult. Furthermore, many parents are not
aware of the requirement to file an application
at the Japanese Embassy or Consulate. Even
if they are, they often fail to do so because the
nearest Embassy or Consulate is too far away.
In addition, since non-Japanese entering
Japan under the Status of Forces Agreement are
exempt from the requirement to complete Alien
Registration procedures, bi-national children
born in America are sometimes unable to get
Japanese nationality.
Thus, many problems
Voices from Japan No. 11 Summer 2003
26
Gender and Law
stem from the fact that in Okinawa, the Status
of Forces Agreement supercedes Japanese
domestic law.
Conclusion
Due to the existence of American military
bases in Okinawa, local police are subject to
restrictions under the Status of Forces
Agreement, which often hinder investigations
of crimes committed by military personnel,
civilian employees of the military, and their
family members.
When such cases are
brought to trial, the SOFA often gives
privileges to the perpetrators rather than to
the victims.
The Constitution of Japan clearly states
that the sovereign power resides with the
people of Japan, their fundamental human
rights are guaranteed, and that the right of
belligerence of the state is not recognized.
The Constitution thus runs counter to the
Status of Forces Agreement and the US-Japan
Security Treaty on which it is based, for the
US-Japan Security Treaty is, in fact, a military
alliance. This fundamental contradiction leaves
women in Okinawa exposed to a wide range of
dangers and abuse.
The Japanese government often says that
American bases are necessary to protect Japan.
These words remind me of what the
government told us at the time of the Battle of
Okinawa: that the Japanese military would
protect us. And then I remember that summer
of 1945: innocent civilians being chased out of
shelters by Japanese soldiers to die as they
tried to escape the fighting; people who
contracted malaria and died as a result of
military orders; young girls duped into sexual
slavery by the Japanese military. How can
anyone say the military protected the citizens
of Okinawa?
Thinking of the Battle of Okinawa helps
us to see, from an Okinawan point of view, the
US-Japan Security Treaty, which affirms the
existence of a military presence on Japanese
soil. Is the Status of Forces Agreement and all
the special laws it entails, which are based on
this Treaty, really protecting the people – or the
women – of Okinawa? The answer should be
perfectly obvious.
References:
“Kusatei” The Record of a Public Trial, Ed. by
The Prefectural Citizens Association in
Support of Legal Action to Protest the
Unconstitutional Use of Okinawan Land for
Military Bases
“An Examination of the US-Japan Status of
Forces Agreement” The Kyushu Federation of
Bar Associations; The Okinawa Bar
Association
(Takako Motonaga: Member of Women against the
Military and Military Bases; Hito-Tsubo Anti-War
Landowners Association)
77777777777777777
27
WOMEN’S ASIA 21
Voices from Japan
No. 11 Summer 2003
Gender and Law
Criminal Law and Violence against Women:
Rape in a Gender Equal Society
Tomoe Yatagawa
The Legal Fr amewor k around Violence
against Women
Around the turn of the century, a series of
legislation related to violence against women1
was signed into law, including the Law for
Punishing Acts Related to Child Prostitution
and Child Pornography, and for Protecting
Children (1999), the Anti-Stalking Law and
Child Abuse Prevention Law in 2000, and the
Law for Prevention of Spousal Violence and
Protection of Victims (DV Prevention Law) in
2001. The Basic Plan on Gender Equality (a
government-authored set of detailed measures
to be implemented by 2005) offers provisions
against five areas of crime against women –
sexual crime, domestic violence, prostitution,
sexual harassment, and stalking – in the
chapter entitled, “Eliminate All Forms of
Violence against Women.”
On paper, it
would seem that these legal augmentations to
the existing laws such as the Prostitution
Prevention Law and the Equal Employment
Opportunity Law, would establish a sufficient
legal framework to address the five areas as
crimes against women.
The Responsiveness of Cr iminal Law
However, substantively speaking, in the
context of the concept of violence against
women, not only are the relevant crime types
insufficient, but enforcement measures exhibit
inconsistencies among them, with some crimes
missing penal provisions. Therefore, it is in
fact an inadequate framework for the
comprehensive legal protection of the human
rights of women. In particular, the Penal Code
of Japan, (law No. 45 of Meiji Fortieth Year
WOMEN’S ASIA 21
[1907]) is the oldest of above laws – in fact
almost a century old since its enactment,
though it predates the birth of the concept of
violence against women. It includes certain
acts that are criminal, thus punishable, and fall
under crime against women.
These
criminally punishable acts include the crime of
rape, indecent assault, murder, bodily injury,
assault,
threats,
extortion,
kidnapping,
confinement, racketeering, and property
destruction, etc. Of course, this is not to say
that the earlier laws offered women greater
protection. However, until about a half a
century ago, the crime of adultery applied only
to wives, the penal provision for the “crime of
abortion” (Article 212, less than one year
sentencing) against pregnant women remained
intact long after the implementation of the
Eugenic Protection law (currently renamed as
the Maternal Protection Law), and there was
systematically lax enforcement against
violence inflicted by husbands prior to the
enactment of the DV Prevention Law.
Considering this, the criminal law, in its
century of existence as such, has clearly not
been provisioned and managed with a strong
consciousness around women’s human rights
protection. Thus, it fails in the rigorous
resolution for the issue of violence against
women.
Rather, it begs suspicion of a
condoned tolerance of the issue, just as had
been the case in the days leading up to the
reconceptualization of inter-spousal violence
under a new framework as domestic violence.
Known as some of the traditional crimes
in the context of criminal law that also form
the nuclei of the violence against women, the
Voices from Japan No. 11 Summer 2003
28
Gender and Law
criminal definition of rape and indecent assault
have been revised with the heightening of
awareness of women’s human rights in Western
nations as well as Taiwan, its Asian neighbor,
in the past four and a half centuries.2
But Japan’s criminal law is an exception,
wherein the international trend has had
absolutely no influence on the existing
operating paradigm for a century3. The
structure of the crime of rape which requires
the victim’s explicit dissent even in the face of
demonstrated violence and threat, deems the
sexual intercourse between a man and woman
either sadistic or masochistic in nature. And so,
as in pornographic portrayal of women,
consent is premised as a desired end result only
of violence in Criminal Law, hence the
criticism that legally permissible sexual
intercourse inevitably includes those that
accompany
violence
against
women.4
Criminal Law, as with the case of inter-spousal
violence, continues to present a de facto
admission of violence against women by the
very nature of its conceptual structure, raising
challenges around legal coherence with
“Eliminate All Forms of Violence against
Women.”
Cr imes of Rape and Indecent Assault
Then, the question emerges, how should
the crime of rape be revised? The revisions
seen in other countries have consolidated
gender neutralization, penalized inter-spousal
rape, unified rape and indecent assault, relaxed
the methods of violence, categorized crimes by
methods of violence employed, and expanded
the concept of “fornication.” However, for this
paper, allow me to emphasize the real utility of
unifying the crime of rape and indecent assault.
According to the Penal Code of Japan, the
essence of the structure of rape is limited to
acts related to fornication of males to females
of thirteen years of age and older. On the
29
WOMEN’S ASIA 21
other hand, the essence of the structure of the
indecent assault is limited to indecent acts to a
person of thirteen years of age and older
regardless of their gender. If the victim is
younger than thirteen years old, it is considered
as indecent assault even if the perpetrator did
not use physical violence or threat (Penal Code,
Articles 176 and 177).
According
to
legal
precedents,
“fornication” is defined as penetrating the
female genital with a penis, whereas an
indecent act is defined as an act that is not
intended for fornication but instead, for “a
sexually-driven intent to have one’s sexual
desires of the offender stimulated or fulfilled.”
On the other hand, assault and threat in the
context of rape is conditioned on its “level
deemed to inhibit the ability of the victim to
resist,” whereas the crime of indecent assault is
“a force of any degree which is applied to
one’s external physical body including hair or
skin, for no justifiable reason.” For the crime
of rape, the terms of sentencing is more than
two years, no more than fifteen years, and for
the crime of indecent assault, more than six
months and no more than seven years. For an
attempted act, however, the sentencing can be
reduced by as much as half (Article 43, and
Item 3 of Article 68).
Given the legal precedents, the process of
distinguishing between the crime of rape and
indecent assault leads to applicable crimes and
subsequent sentencing levels that vary wildly,
depending on whether the offender attempted
“fornication” (which results in more than one
year and no more than fifteen years), or only
pursue an act of sexual stimulation short of
fornication or indecent assault (which results in
more than six months, no more than seven
years).
It also depends on whether the
offender simply intended to insult/abuse the
victim though the act technically may have
seemed more similar to indecent assault (if the
Voices from Japan No. 11 Summer 2003
Gender and Law
charge of extortion is established, more than
one month and no more than three years)5.
Unlike with other prevalent crimes, a
successful charge of a sexual crime must fulfill
a criterion known to be extremely difficult to
establish in the court of law: the offender’s
subjective predisposition going into the
criminal act. As such, the fundamental
principle of “mere suspicion shall benefit the
defendant” may very well unjustly exonerate
the offender. In addition, in the criminal sexual
act itself, a tendency to overemphasize the
integration of genetalia over acts of
no intercourse, such as
indecent assault, warrants
objection.
Though
the
difference between
the
sentencing
between
rape
and
indecent
assault
may
have
been
developed as a
result
of
acknowledging the
insidiousness
and
severe magnitude of
the crime of forced
genetalia integration, in cases
wherein the offender committed
anal or oral penetration with no intention to
conduct genital penetration, only the crime of
indecent assault applies, as these cases do not
meet the definition for “fornication.”
As elaborated upon below, the act that
falls short of a total penetration cannot be said
to cause less pain and suffering for the victim
than total penetration. One argument behind
placing particular legal emphasis in
“genetalia-to-genetalia penetration” is that the
aim6 is to prevent the contamination of the
patrilineal
heritage
via
extrafamilial
WOMEN’S ASIA 21
impregnation of wives7 of others, as with the
crimes of rape and indecent assault. Therefore,
needless to say, it is unacceptable, in light of
the current development of a gender-equal
society committed to eliminating all forms of
violence against women, that such an emphasis
be incorporated into the criminal legal
assessment, nor that any of its relevant
elements linger amidst a blanket of tolerance
and condonement.8
From the perspective of the victim to
whom untold pain and suffering is inflicted,
maintaining distinction between
rape/fornication and indecent
assault upon the existence
of a genital penetration
or the intention
thereof,
which
leads
to
the
sentencing
within
the
limited
minimum and
maximum terms
or its halving in
some cases, does
not
offer
any
conceivable rationale.
Furthermore, it poses
material threat of inadequate
applicability of the very penal
regulations around sexual crime that is said to
exist for the protection of the victim’s sexual
freedom.9
The Concept of Consolidation of Sexual
Cr imes
There had been a time when the Penal
Code of Germany, which served as the
archetype for that of Japan, maintained
regulations around crimes of rape and sexual
harassment in a manner similar to those of
Japan.
However,
both
crimes
were
Voices from Japan No. 11 Summer 2003
30
Gender and Law
consolidated under the criminal category of
sexual crimes under a revision that took place
in 1998. It was deemed that sexual or similar
acts of sexual and physical invasion amounted
to sexual assault, and was thus positioned as “a
particularly important embodiment” in the
context of the crime of rape (the mandatory
sentencing is more than two years, the same as
that of the pre-revision days). The equivalence
of acts of sexual semblance to sexual
engagement from the perspective of the
criminal justice discipline derives from the
common characteristic that the victim suffers
immense humiliation from criminal acts of
sexual semblance, just as she would from the
criminal act of sexual engagement10; I argue
that this is legitimate. Striving towards a
construction of gender equal society, the sexual
criminal penal regulations befitting of the
present, committed to “Eliminate All Forms of
Violence against Women” must not rely on the
fulfillment of the question around the existence
of the offender’s subtle inner intent only to
produce a divergent sentencing conclusion.
Instead, it should rely on the criminal
categories and sentencing in full accordance
with the pain suffered by the victim. To this
end, it is most desirable to recontexualize the
crimes of rape and indecent assault under their
consolidation, then to set the sentencing terms
in light of the interlinkage between magnitude
of the violence and level of inflicted injury, or
mode of the offensive act.
Footnotes:
1 Literature on the topic of criminal law and
violence against women include: “Challenges of
Feminist Criminology” by Akira Segawa and
“Women’s Human Rights” by Masuyuki Morimoto,
both published in the “Nakayama Ken-ichi Sensei
Commemorative Collection of Essays, Vol. IV” by
Seibun-Doh (1997); Essays in “Special Production:
Violence against Women and the Coomaraswamy
31
WOMEN’S ASIA 21
Report,” Legal Studies Seminar No. 526 (1998);
“Violence Against Women – The UN Human Rights
Commission Special Report” by Rhadhika
Coomaraswamy, Akashi Shoten Publishers (2000);
“Criminal Justice System and Gender” by Hisae
Miyazono, National Women’s Education Center
Research Bulletin No. 4, p.53 (2000); “Violence
Against Women” by Akira Maeda, published in
“Criminal Human Rights Theory,” Suiyoh-Sha
(2002); “Agenda for the Legal System around
Violence Against Women,” distribution resource of
minutes of the expert investigation committee
meeting for the Twelfth Gender Equal Participation
Conference, by Masahide Maeda (2002 “available
online from URL in Footnote #2); etc.
2 Regarding the 1999 Revised Law in Taiwan, refer
to “the Criminal Law Amendments around crimes of
Sexual Violations in Taiwan” by Chen Chi-Xing
(2000). Incidentally, in Korea, a special law enacted
in 1994 incorporated an aggravated assault category
into an otherwise unrevised concept of sexual
assault, thereby establishing a punishable
component. Refer to “The role of the Women’s
Movement in Korea’s Women Policy Decision
Making Process – Focusing on the Case Study of the
‘Sexual Violence Special Law’ Implementation
Struggle” by Myung-sook Han in the Women’s
Studies Association of Japan Academic Journal
No.5, p. 86, (1997).
3 As with the Criminal Litigation Law which sets
the law of criminal procedure, the statute of
limitation on sexual crimes was abolished in 2000,
and a video link method for examining the witnesses
became
acceptable.
In
addition,
certain
advancements were also made around protection of
victims of sexual crime. The details of the revised
contents are elaborated in the “clause-by-clause
explanation: the Two Laws around the Protection of
Victims of Sexual Crimes” by Hiroya Matsuo edit.,
Yuhikaku Publishers (2001). However, on the
substantive Penal Code, except for the revision in
1958, which eliminated the requirement of
indictment for cases involving multiple offenders
(Article 180, Item 2), no changes have been made
around crimes of sexual assault and sexual
harassment since initial enactment.
4 Catharine A. MacKinnon, “Rape: On Coercion
and Consent,” in Toward a Feminist Theory of the
State, pp.172-183 (1989)
5 A legal precedent established that “the charge of
Voices from Japan No. 11 Summer 2003
Gender and Law
sexual harassment cannot be substantiated when the
offender’s objective is to avenge, insult, or abuse the
woman, although the act may entail stripping the
women naked to photograph her nude in standing
posture.” Refer to the Criminal Anthology of
Supreme Court Decisions Vol. XXIV, No.1, p.1, 29,
January, 1960.
6 In 1908, in the debate that took place at the time of
the bill proposal, as regards to the crime of adultery,
an opinion was lodged that an offense by wives shall
be deemed punishable for jeopardizing the family
lineage, but that husbands shall also be punished,
even if penalties were varied, from the perspective
of gender equality. However, it was promptly shot
down by the subsequent rebuttal that “the law is not
meant for predication of logic.” Excerpted from
“Minutes of the 23rd Session of the Lower House
Special Committee Deliberations,” Expanded
Edition: A Comprehensive History of Criminal Law,
pp.2032-2034, by Shinzansha Publishers (1990).
7 It can hardly be argued as unjust to apply weighted
assessment of the fact of having impregnated the
victim as a result of rape in due accordance to the
inflicted injury, when considering its real magnitude.
One example of an existing legislation is the
Israeli Penal Code Article enacted in 1994, which
states in its Article 345 (b), that “in the situation
wherein physical or psychological injury, or
pregnancy is induced,” twenty year-term sentencing
would apply (in the absence of weighted assessment,
sentencing term is sixteen years).
8 For literature on the critical examination of the
crime of rape, refer to “the Protection of Sexual
Freedom and the Regulation around Penalization of
Rape Offenses” by Tomoe Yatagawa, in the Journal
of Theoretical Research of Study of Law and
Politics No.46, p.507 (2000).
WOMEN’S ASIA 21
9 To conclude that though the parameters of the
sentencing terms for the crime of rape and that of
indecent assault differ, the overlap of two to seven
years offer a sufficiently wide range, so as to render
sentencing operable, may be drawn prematurely.
The statement by a prosecutor that the prosecution’s
recommended sentencing severely constrained by
the lower limit of the sentencing terms inhibit the
extent of the punishment is introduced in “the Hopes
for Women’s Legal Profession” by Masahide Maeda
in the Japan Women’s Bar Association Bulletin No.
40, p. 11 (2002). Furthermore, on the research of
sentencing terms around rape offense, the tendency
of the presiding judges to issue sentences hovering
in or near the lowest term limitation have been noted.
Also refer to “Empirical Research on the
Determination of Sentencing Terms (rape)” by
Kentaro Onizuka in the Criminal Justice Research
Report Vol. 17, No.3 (1967); “The Situation of
Sentencing Terms for the Crime of Rape in Our
Nation, and the Challenges for the Future” by
Tamami Hagiwara in the Meiji Gakuin School of
Law Research Journal Vol.68, No. 83 (1999). These
documents raise serious suspicion that, while the
wide range of sentencing terms is designed
explicitly for flexible applicability on a case-by-case
basis, the actual sentencing records in practice
strongly reflect the lowest term limit in the hands of
the prosecution and the presiding judges.
10 Leipziger Kommentar 38 (Nachtrag zum StGB),
2001, S. 113.
(Tomoe Yatagawa: Graduate School of Law, Keio
University)
Voices from Japan No. 11 Summer 2003
32
Recent Events in Japan
29th Committee for the Convention on
the Elimination of All Forms of
Discrimination against Women- Reports
from Japan（June 10, 2003 - July 8,
2003）
Hikaru Kasahara
Between the period of June 30, 2003 to
July 8, 2003 the 29th Committee for the
Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) was
held at the United Nations headquarters in New
York. Although nine years had passed since the
last session, the Japanese government
submitted its 4th and 5th periodic reports to the
third CEDAW session. (Japan has signed the
original doctrine in 1980 and in 1985, it
ratified the doctrine without any reservations.)
Japanese participants consisted of 58
members from 16 organizations, as well as a
group of 16 representatives from the
government, including Ms. Mariko Bando,
Director General of Gender Equality
Bureau. Preparations for these reports began
with non-governmental organizations (NGO)
for women and minorities submitting a report
regarding issues that the Japanese government
ought to respond on. This report was then
reviewed to create a list of questions to be
asked to the government by the CEDAW
Committee.
Subsequentl
y,
the
government
compiled its
responses
into a report
and
tendered it
back to the
33
WOMEN’S ASIA 21
Committee.
Finally, the reports were
presented by the Japanese government to the
Committee for review. Additionally, a report
was submitted by the NGOs separately.
On July 7, an informal briefing to
exchange views was sponsored by the CEDAW
Committee. It was held between members of
the Committee and NGOs representing
interests in issues ranging from residents in
Japan of Korean descent, buraku (outcast
people), compounded discrimination against
minority women, such as the Ainus, current
status and proposals regarding wage gap
between women and men, discrimination
against children born to unmarried parents, and
"wartime comfort women" problem (in former
Indonesia). The following day, deliberation
of the reports by the Japanese government was
conducted, where numerous questions and
opinions were expressed by the CEDAW
Committee to the government representatives.
Samples of questions and opinions were
as follows: The issue as to why human rights
commission is under the direction of the
Ministry of Justice when it ought to be a
non-governmental entity, how the government
plans to change the sharing of burden in fixated
gender roles, issues regarding problematic
statements by public figures, issues on stern
punishment for trafficking people, punitive
sanctions issues (as penalties for larceny is
heavier than sexual assault at present),
treatment of "wartime comfort women's issues"
in text books, the issue of voting rights not
been granted to residents in Japan of Korean
descents, issue regarding possible reasons as to
why most women are only able to obtain part
time positions (Is it due to the dual burden of
working and raising a family, capability issues,
or due to traditional values?), the number of
corporations penalized under the provisions of
Voices from Japan No. 11 Summer 2003
Recent Events in Japan
the Equal Opportunities Law, government's
responsibility (as opposed to public sentiment)
in changing Civil Codes (particularly on the
issues of different surnames system for married
couples and on illegitimate children), etc.
In response to these questions, Ms. Bando
commented that "Japan is Japan; we value
consensus." One was left to wonder to whom
or to what this consensus was to be
applied. Thus far, women have had to
challenge and attain changes in Japanese
society; a society that had been created and
maintained by and for the benefit of Japanese
men. It is a matter of course that the
responsibility lies with the government to
create a society where the human rights of the
residents of diverse backgrounds are respected
and where they are able to live comfortably.
The fact that the government has yet to
recognize this responsibility is a serious
problem and the CEDAW Committee will
address these issues in late August. With the
new set of recommendation by the Committee,
women in Japan will once again rise to exude
pressure to the government. As long as the
government is unwilling to recognize its role
and responsibility, those of us in the private
organizations must resist being persuaded or
becoming
dependent
on
the
government. Instead, we must take a firm
independent position, so that we can reveal
what actually lies beneath the many layers of
governmental measures. All in all, we must
also expand the network amongst the many
organizations and accelerate our pace, in order
to increase our task force.
(Hikaru Kasahara: Staff of Asia-Japan Women’s
Resource Center)
WOMEN’S ASIA 21
Voices from Japan No. 11 Summer 2003
34
Recent Events in Japan
A Lawsuit against the Governor of
Tokyo, Mr. Shintaro Ishihara
Kyoko Tanaka
“According to Takanori Matsui, not to me,
mind you, ‘The most harmful existence that
civilization has brought are Babahs (Babah is a
vulgar term for elderly women; an old hag).’
He states further ‘when women live on with
their reproductive abilities gone, they are
useless and sinful.’ Men are capable of
reproduction at the age of 80 or 90, but women
are incapable of bearing children after their
menopause. Such humans that live on till the
age of Kin-san and Gin-san1 are considered an
extreme harm to the earth.
I find his
argument convincing, but I sure could not say
such things as a politician (laughter).” These
are the words of Governor Ishihara of Tokyo
Prefecture, which appeared in Shukan Josei
(Weekly Women) Magazine issued on
November 6, 2001.
His
statement
brought
women
tremendous shock, insult, desperation, grief,
and anger. Indeed, Governor Ishihara has in
the past repeatedly made discriminatory
remarks in various settings. On October 23,
during his attendance at the meeting, “Low
Birth Rate Society and Social Welfare in
Tokyo,” he stated, “As there are women in the
audience, I cannot be too explicit, but that there
exists some fundamental excess, that is there
are individuals who have lost their purpose of
existence and are still allowed to continue
consumption and usage (of resources) just
because they are living things or humans.”
Even when a member of an opposition party
inquired closely into the discriminatory remark
quoted at the beginning of this article, at the
Tokyo Prefectural Legislature, he responded
that it is unnecessary to withdraw his statement
as he had in his own way simply acknowledged
the statement of Noritaka Matsui, a professor at
35
WOMEN’S ASIA 21
University of Tokyo.
Is it appropriate that we leave his
derogatory statement against women as is?
His statement is equivalent to a declaration that
useless individuals can be removed from
society while the value and role of women’s
lives are limited only to their reproductive
functions. At the same time, his words are
contrary to his responsibility as the governor to
abolish discrimination against women based on
the law. His words by all means reflect on
women-related policies.
Tokyo Women’s
Foundation which had a central role in the
operation of Tokyo Women’s Plaza has already
been abolished. Women who felt the need to
start some sort of protest movement called for
an open letter to Governer Ishihara. On July 12,
2002, a total of 447 women (the final figure
later became 468) who answered the call
turned in an open letter in their joint names to
the Tokyo Metropolitan Government Office.
However, no response has been received as of
yet.
The women who agreed with the open
letter
formed
the
“Women
against
Sexist-Ageist Remarks by Governor Ishihara.”
This group has engaged in petition collections,
hosted assemblies and prepared fliers calling
for the withdrawal of and an apology for his
statement. During the distribution of the
fliers in Sugamo, Tokyo, a district popular with
elderly women, one woman voiced that a
statement such as the one by Governor Ishihara
would push her to desire her death. Multiple
discussions were held to figure out how the
withdrawal and apology could be realized.
There exists no human-rights redress
system in Japan for protecting the rights of the
victims of discrimination by halting the
violence that attempts to screen them out with
the use of discriminatory expressions. The
Equal Opportunity Ordinance of Tokyo
Prefecture does not even stipulate the
complaint processing system. We believe that
Voices from Japan No. 11 Summer 2003
Recent Events in Japan
a statement that threatens the life and security
of elderly women through the media with the
title and authority of Tokyo governor is
violence against women. We would like the
Ishihara Statement to be recognized as a
violation of human rights. If it is difficult in
the Japanese system of law, we can prove it
with the use of, for example, the Constitution,
the Universal Declaration of Human Rights,
the International Covenant on Civil and
Political Rights of the UN Human Rights
Commission, and the Convention for
Elimination of All Forms of Discrimination
Against Women. We must not allow the
government to continue denying our existence.
A case for human-rights redress was
plead before the Japan Federation of Bar
Associations, utilizing its procedure of
human-rights redress on November 29, 2002.
On December 20, a total of 119 women (the
number later increased by 12 to a total of 131
women) who either reside or work in Tokyo
brought a case before the Tokyo District Court
against
Governor
Ishihara
to
seek
compensation for damage, withdrawal of and a
published apology for the discriminatory
remark against women, “Babahs are harmful.”
Governor Ishihara, having come to know of the
lawsuit, replied to interviewers, “I simply
introduced a statement of a professor as I was
impressed with its logic, but it is not that I
consider it 100% right.”
The first hearing was held on March 13,
and three plaintiffs explained allegations. The
defense requested a dismissal of the plaintiffs’
claims, demanding proof of the legitimacy of
the victims and clarification of the concrete
violation of human rights caused by the
statement. After the hearing, about a dozen
plaintiffs delivered petitions of 6,288
individuals to the Tokyo Metropolitan
Government Office and held an assembly for
reporting the proceedings in the courtroom.
Response from overseas was significant.
WOMEN’S ASIA 21
Petitions from 228 people arrived from
Germany for boycotting Japanese products and
restaurants till the media reports an apology
has been made. A woman in Colorado in the
US stated in her email 妬 f elderly women
govern the world, there will be no war and
resources will be distributed more fairly across
the world.”
In the second hearing held on May 8, the
defense team turned in a document which
indicates recognition of the Ishihara Statement
and their intention to challenge the litigation.
It used the phrase “contest” and did not
acknowledge plaintiffs’ claims.
During the third hearing on June 12, the
chief justice stated, “this is a difficult trial, but
as long as degradation of social opinions (of
the plaintiffs) is claimed, I would like to know
concrete examples of infringement of rights
that each of the plaintiffs has experienced.
With such information, I would like to revisit
the issue.” At present, the plaintiffs are
working on the verbalization of the harm that
individual plaintiffs suffered to prove the
violent and criminal nature of the Ishihara
Statement.
Footnotes:
1 Kin-san and Gin-san were twin sisters who
appeared on a TV commercial in 1992 with the
well-known phrase, “Kin is 100 years old. So is
Gin.” They then became national heroes and
appeared on various TV programs and events across
Japan.
(Kyoko Tanaka: Member of Asia-Japan Women’s
Resource Center)
Voices from Japan No. 11 Summer 2003
36
Recent Events in Japan
The Urgent Appeal
Asia-Japan Women’s Resource Center
We demand the resignation of Mr. Seiichi
Ohta, a former cabinet minister and
member of the ruling Liberal Democratic
party, as well as an official apology from
former Prime Minister Yoshiro Mori.
At an open forum of the private
kindergarten association held on June 26, 2003,
Mr. Ohta commented that those who engage in
gang rape are “virile” and “close to normal.”
There have been various outcries against his
comments, to which Mr. Ohta continually
replied by explaining his “intentions.”
However, in listening to his explanations, as
well as the defensive comments from other
council members who attended the forum and
the ensuing media coverage, we believe that
the serious issues and consequences of his
37
WOMEN’S ASIA 21
comments have yet to be fully recognized.
First, while Mr. Ohta himself (as well as
other members of the ruling Liberal
Democratic Party who attended the meeting,
and forum moderator Soichiro Tawara) said
that rape is intolerable, they still continue to
defend Mr. Ohta’s comments as being a “joke.”
This clearly demonstrates that they are lacking
the fundamental ability to imagine the serious
physical and psychological damage that
women victims/survivors of rape must suffer,
and it shows moreover that they also lack an
understanding that forced, unwanted sexual
relations are a violation of human rights.
Furthermore, we would like to point out
the significance of the context within which Mr.
Ohta’s statement was made. As a defense for
his statement, he said, “one cause of Japan’s
declining birthrate is that men are lacking
virility to desire their spouse” and “they should
have looked for women for marriage if they
wanted to have sexual relations so badly.”
These explanations show that Mr. Ohta
understands that the sexual relationship
between women and men requires the “virility”
of men as strong enough to be able to rape or
dominate women. Moreover, it shows the
opinion that there should not be a relationship
between women and men other than legitimate
marriage.
However, sexual relationships
whereby one person dominates and oppresses
the other represents nothing other than sexual
violence – regardless of whether or not
marriage is involved.
Mr. Ohta’s opinions are also indicative of
the fact that the present debate regarding
Japan’s declining birthrate remains in total
disregard for women’s reproductive and human
rights to self-determine the fate of our own
bodies. At the very same forum, Mr. Mori
Yoshiro, a former prime minister, made
Voices from Japan No. 11 Summer 2003
Recent Events in Japan
comments such as “women do not bear
children because they just want to enjoy their
freedom,” “real social welfare means issuing
pension payments only to women who have
given birth,” “women who are not married
have ‘unnatural’ ideas,” etc. According to
such comments made by Mr. Ohta and Mr.
Mori, the causes of the declining birthrate are
women’s “selfishness” and a lack of male
virility resulting in their inability to dominate
women.
Such comments also reveal the line of
thinking that reproduction requires men to
dominate and control women’s body through
the institution of legal marriage. They never
mentioned “men who are not making children”
holding women as those solely responsible.
This is utterly irrational, one-sided, and also
self-opinionated. We would like to point out
that such comments, which put women under
the control and domination of both men and the
state for the sake of measures to counter the
declining birthrate, is as serious and intolerable
as were the comments regarding rape. This
must not be overlooked.
We vigorously protest the comments by
Mr. Ohta tolerating gang rape, the defensive
explanations by his cohort, and also the related
comments by Mr. Ohta and Mr. Mori regarding
the declining birthrate that represent a serious
infringement of women’s human rights. As a
result, we demand Mr. Seiichi Ohta’s
resignation and official apology from former
Prime Minister Mori.
(This statement was written to oppose to the two
politicians’ sexist remarks.
Asia-Japan Women’s
Resrouce Center mailed and faxed this statement to
the office of the Prime Minister, the headquarter of
the Liberal Democratic party, the Cabinet Office, Mr.
Ohta’s office, and Mr. Mori’s office.)
Asia-Japan Women’s Resource Center
Tel +81 3 3780 5245, Fax +81 3 3463 9752
Email ajwrc@jca.apc.org
URL: www.jca.apc.org/ajwrc/
WOMEN’S ASIA 21
Voices from Japan No. 11 Summer 2003
38
Recent Events in Japan
Demand to Discard a Bill for a
Population Policy
Tomoko Yonezu
In December 1999, nine members of the
Liberal Democratic Party, the Liberal Party, the
Komeito, and the Democratic Party of Japan
submitted a bill of the measures to counter
declining birthrate as the private member’s bill
to the Cabinet Committee of the House of
Representatives.
Although the bill was
discarded in October 2000, it was reintroduced
to the Cabinet Committee in June 2001 and
then was placed on hold for the next session.
On 28th May of 2003, the bill was taken into
deliberation at the Cabinet Committee of the
House of Representatives. The ruling party
and the opposition called four expert witnesses
and asked various questions on June 4, and
they discussed the amendment bill on June 6,
then they passed it in the Committee with a
supplementary resolution on June 11. The
bill finally passed through the Lower House
plenary session on June 12. It is possible that
the bill will be deliberated upon at the House
of Councilors on June 25 or 26 as the Diet
session has been extended by 40 days.
In the meantime, several women’s groups
have requested that the Japanese government
discard the bill by submitting petitions,
lobbying to members of the Assembly, and
holding press conferences. Recently, eight
women’s groups have staged a petition drive
against the bill (the petition’s slogan is “No to
the bill of the measures to counter declining
birthrate”). The eight organizations include
the SOSHIREN Watashi no Karada kara, the
women’s group for enacting laws for the
benefit of women’s body and sexuality,
Enfanter, Finrrage, the Femin, the Women’s
39
WOMEN’S ASIA 21
Conference, the Beijing JAC, and the
Association of Women’s Body and Healthcare.
For
contact
information,
visit
www.jca.apc.org/femin (available only in
Japanese).
Indeed, the bill of the measures to counter
declining birthrate has posed crucial issues.
First, the bill does not indicate that it is a
woman’s human right to choose various life
styles; whether the women remain single or
consider marriage, or when and how many
children they have. Secondly, the bill aims to
give priority countermeasures to the declining
birthrate rather than to women’s human rights.
Although the members of the Assembly, who
submitted the bill, have negated our criticism,
they persisted in strongly rejecting the
inclusion of a statement about women’s human
rights in the bill. Despite the lack of concrete
plans, the bill apparently mentions details
about the treatment of infertility. Interested
parties have expressed concern about this
unbalanced content. Even though infertile
women need support, its support should not be
limited to treatment. Such women need not
have to suffer from pressure due to a law
stressing infertility treatment, which has
physical risks and a low success rate. This
bill attempts to force women to become
pregnant at all costs.
It is certain that the bill was highly
influenced by our society, which leans to the
right and by the backlash to women’s human
rights. In the future, the Japanese government
might impose legal controls on medical
abortion.
Although it might be hard to
overturn the bill, which has already been
passed by the House of Representatives, I
would like to make the multitude of women’s
claims visible with the hope of eliminating the
bill.
Voices from Japan No. 11 Summer 2003
Recent Events in Japan
(Tomoko Yonezu: Member of SOSHIREN Watashi no
Karada kara)
Note from an editorial staff:
The “Measures to Counter Declining Birthrate” bill
The Diet resolution accompanying enactment of
passed on July 22, 2003 in spite of protest from
However, the law contains a
the law:
For implementing a measure to counter the
revolutionary statement in the Diet resolution
declining birthrate, it shall be considered that the
accompanying the enactment of the law, which was
unanimously agreed upon. Even though we are
diverse values of those people concerning marriage,
disappointed to see this bill passed, we should
In addition, illegitimate children (who are born
recognize this statement in appreciation to all efforts
outside of wedlock) shall not face any forms of
by the women’s groups.
discrimination.
women’s groups.
WOMEN’S ASIA 21
birth, child-rearing, and family should be respected.
Voices from Japan No. 11 Summer 2003
40
Recent Events in Japan
We Demand the Rejection of the Bill on Measures to Counter the Declining Birthrate
The Diet has once again been presented with a bill on measures to counter the declining
birthrate that we feel is inappropriate, and therefore we demand the rejection of such a
bill for the following reasons:
I. The Bill on Measures to Counter Declining Birthrate (“the Bill”) is a step back in the
international respect for the fundamental human rights of women.
Historically, policies dealing with population control have been concerned with
managing women’s functions of pregnancy and birth. In our country, abortion has
existed on the penal code since the Meiji Period and women have been regarded as tools
for birthing children.
The choice to bear children or not as a woman’s fundamental human right was made
clear by the United Nation’s Convention on the Elimination of All Forms of Discrimination
against Women. Also, in 1994 at the United Nations International Conference on
Population and Development in Cairo, the solution to the “population problem” was not
to have different enforcement or management policies for each nation; instead,
women’s fundamental human rights, especially reproductive health and rights, should be
respected and became part of the international society’s common knowledge.
However, we fear that the Bill is eager to promote childbirth and reverses this trend.
This Bill will increase pressure on women to have children and create a climate of
discrimination towards women who do not or are unable to bear children. This we must
not do.
II. The “population problem” must be dealt with on a global scale.
If one thinks globally, the subject of the population problem is how to restrain
population growth. Rather, decreasing the population is crucial in order to solve issues
of nutrition, poverty, development, the environment, wealth, energy, etc.
Yet the Bill limits its viewpoint to our own borders. We must think of the problems
of the population as a global issue. Instead of emphasizing only the negative parts of a
low-population society, accepting the facts and examining the positive attributes is
necessary.
III. The urgent reduction of the burden of people having children is necessary.
According to the Cabinet Office’s public opinion survey pertaining to social
consciousness (2002), to the question of “what is your ideal number of children?” 38.5%
of the responding individuals answered 2 children and 45.2% answered 3 children. Of
the people responding with 2 children, the majority were men in their 20s and 30s and
women in their 20s. Thus without enacting a law there are people who desire children.
So then why is the number of children not rising?
41
WOMEN’S ASIA 21
Voices from Japan No. 11 Summer 2003
Recent Events in Japan
Current Japanese society has many factors contributing to the bearing and raising of
children as being a heavy burden. Especially for women, this burden is increasing.
Economic and physical burdens of course accompany child rearing and birth, but these
are not the only problems. Recent developments in prenatal care create conditions
required for a “healthy” child to be born without disease or defect. In a child’s
discipline, education, and health, the parents’ responsibility is emphasized, especially
the mother’s. However children born outside of marriage still face discrimination.
Despite the fact that policies such as the “Angel Plan”(a set of comprehensive measures
and policies of the government for child-rearing support including child care,
employment, education, and housing) and similar policies exist, the number of children
has failed to grow in part because of these existing burdens and discrimination.
If a society is aiming to raise children as stated in the Article 6 of the Bill, rather
than striving to increase population, removing the extreme burdens on child rearing is
more important. The government should not demand from those who are considering
having children or from our future children to conform to values on child rearing and
what families are supposed to be like. Instead, the government should offer full
support to all children and all parents, regardless of differences in circumstances.
Finally, we protest the Bill that increases the pressure on women to have children
while criticizing women who have decided not to have children and increasing the
oppression towards women who have not yet had children. When the Diet debates the
Bill, we strongly request that the above be considered thoroughly.
June 4th, 2003
SOSHIREN Watashi no Karada kara
Homepage: http://www.soshiren.org/ only in Japanese
Women’s group focusing on making laws for body and sexuality
http://tsukurukai.tripod.co.jp/
Contact Information:
8-27 New Life Shinjuku Higashi 305
Shinjuku-Ku, Tomisakachoo, Tokyo
Phone/Fax: +81 3 3353 4474
WOMEN’S ASIA 21
Voices from Japan No. 11 Summer 2003
42
Recent Events in Japan
A Lawsuit against NHK (Japanese
Broadcasting Corporation)
Amane Noguchi
The NHK ETV Series “How Should We
Adjudicate Wars,” broadcast from January 29
to February 1 2001, included a program that
was planned as a record of the “Women’s
International War Crimes Tribunal,” a
historical undertaking that took place at the end
of the 20th century. However, due to
increasingly violent pressure from right-wing
groups demanding the cancellation of the
program on the Tribunal, this program was
repeatedly cut and re-edited, finally resulting in
the deletion of the verdict that found Emperor
Hirohito guilty of crimes against humanity,
testimony by perpetrating Japanese veterans,
and even the names of VAWW-NET Japan
(Violence Against Women in War – Network,
Japan, the secretariat for the Tribunal) and its
Chairperson, who helped sponsor the Tribunal.
In addition, the comments of Ikuhiko Hata, the
right-wing historian, which were forcibly
added at the last minute, insulted the survivors
and defamed their honor.
By broadcasting a sabotaged program on
the Tribunal, NHK hid the fact that Japan’s
system of military sexual slavery (the “comfort
women” system) was a war crime, thereby
defaming the honor of the survivors,
intentionally
misleading
viewers,
and
infringing on the right of free speech and the
citizens’ right to know. Having determined that
NHK had thus abandoned its rights and
responsibilities as a news medium, on July 24
2001, VAWW-NET Japan instituted legal
proceedings at the Tokyo District Court against
NHK, NHK Enterprise, and Documentary
Japan, suing for damages incurred on the two
43
WOMEN’S ASIA 21
following points: 1) Although VAWW-NET
Japan agreed to the planned content proposed
by NHK, and fully cooperated in coverage of
the Tribunal, the content of the program
actually broadcast was completely different.
VAWW-NET Japan’s expected profit was
thereby infringed upon. 2) Damages incurred
due to NHK’s violation of its obligation to
explain the changes in the program’s contents.
The original plaintiffs were Yayori Matsui,
Chairperson of VAWW-NET Japan, but after
Ms. Matsui’s death, Co-Chairperson Rumiko
Nishino succeeded her as plaintiff in May
2003.
In the trial to date, twelve sessions of oral
proceedings have been held, and the three most
recent
sessions
have
included
cross-examination of witnesses. The testimony
of production staff and of the plaintiff
VAWW-NET Japan has clearly shown how the
program was sabotaged, and shed light on the
defendant’s false claims that, “the program as
broadcast followed the original production
plan,” and “what the plaintiff calls sabotage
falls within the bounds of editing, and editorial
rights that lie with the producer.”
The next session in the trial will be held
at the Tokyo District Court on Wednesday,
September 10, 2003. In the evening, a meeting
will be held to report on the proceedings. Your
presence either as an observer in court or as a
participant in the meeting would be most
welcome.
(Further inquiries about this court case should be
made to the office of VAWW-NET Japan. Phone
number:
81
3
3818
5903
or
vaww-net-japan@jca.apc.org)
(Amane Noguchi: Staff of VAWW-NET Japan)
Voices from Japan No. 11 Summer 2003
email
Recent Events in Japan
Three National Emergency Bills and
Japan’s
Assistance
for
the
Reconstruction of Iraq
Kuniko Funabashi
Three National Emergency Bills, which
are essentially war contingency bills, were
passed by the House of Representatives during
their plenary session on the 15th of May, 2003,
and by the House of Councilors on the 6th of
June, 2003. The House or Representatives
voted 90% in favor of the bills and the House
of Councilors voted 80% in favor of the bills,
with one member abstaining.
The bills
received support from the Democratic Party of
Japan, the leading opposition party. This set
of bills was submitted to the Diet after the
Cabinet’s approval in April, 2002, and
includes: 1) a bill concerning measures to
ensure national independence and security in a
situation of armed attack; 2) a bill to amend the
Self-Defense Forces Law; and 3) a bill to
amend the Security Council Establishment
Law.
In essence, these bills are the exact
opposite of the fundamental concepts set forth
in Japan’s Constitution, which clearly states the
idea of non-violence. Furthermore, the bills
accept the exercise of collective self-defense
and are intended to prepare Japan to be a
country that may “wage a war.”
The first bill outlines the government’s
principles and procedures if Japan were to be
attacked by a foreign country, or when a
contingency is recognized by the government.
The second bill amends the Self-Defense
Forces Law and its related laws, and allows
Japan’s forces more flexibility in their
activities and deployments in emergencies.
For example, the bill simplifies the procedure
WOMEN’S ASIA 21
for seizing private land, as well as stating
penalty clauses on civilians who do not follow
an order from the government. This penalty
clause was not included even in the pre-Second
World War National Mobilization Law of 1938.
The second bill also prioritizes the use of roads
and facilities, such as hospitals, by the US
army and Japan’s Self-Defense Forces. Thus,
the second bill not only violates the daily life
of Japanese citizens, but it also threatens their
safety and security. Additionally, the Prime
Minister’s authority, such as the requirement
Voices from Japan No. 11 Summer 2003
44
Recent Events in Japan
that the Prime Minister ask the municipal
chiefs for their cooperation with the
Self-Defense Forces, has been redefined in the
second bill. The third bill strengthens the role
of Japan’s Security Council during national
emergencies.
Since the government’s announcement of
the submission of these bills, throughout Japan
there had been substantial opposition to the
passage of this legislation. On June 15th,
2003, 70,000 people assembled at Yoyogi Park
to oppose the bills and some participated in a
sit-in demonstration in front of the Diet. Yet,
against all of these efforts, the people’s voice
of opposition was not heard. In April 2003,
with the submission of the amendment from
the Democratic Party of Japan, the bills, which
could completely change the direction of
Japan’s governance, were enacted within only
one month’s time.
Even though an
amendment to the bills includes additional
resolutions, such as a provision on the
guarantee of fundamental human rights and the
establishment of a “Citizen Protection Law”
within one year, the laws still aim to prepare
Japan’s government and population for
engagement in armed conflicts. Clearly, these
bills are not designed to protect the citizens of
Japan, and instead are intended to involve
Japan in warfare. It should be stressed, that
the deployment of Japan’s Self-Defense Forces
not only demonstrates Japan’s intention of
following the lead of the Bush Administration,
but also Japan’s promotion of its “national
interest” and corporate activities.
Essentially, it seems that the Koizumi
Administration has successfully achieved a
goal that none of its predecessors were able to
accomplish. On June 6, 2003, in the morning
after the enactment, a newspaper reported the
Prime Minister’s comment that, “finally, this
45
WOMEN’S ASIA 21
day has come, the day to change the country’s
history. My heart is too full for words.” After
the establishment of the Japan-US Security
Agreement, previous administrations, under the
Liberal Democratic Party, have steadily
prepared Japan for its involvement in warfare
by conducting studies, such as the “Mitani
Study” of 1963 on Japan’s preparedness for
war, and by creating educational programs
designed to foster patriotism, such as the “Ideal
Citizen Model.”
Still, in the post war
democracy, people did not dare speak out about
such ideas in public. Under a totalitarian-like
Diet session, a Bill on Measures to Counter the
Declining Birthrate and a Bill Concerning the
Special Measures on the Humanitarian and
Reconstruction Assistance Activities and
Security Support in Iraq, have been submitted.
In addition, “Kokoro no Nooto” (notebooks to
be used by students in moral education) have
been distributed at schools in order to enhance
the people’s sense of patriotism and foster
discriminatory education, which emphasizes
the total merit-based system (a system that has
been implemented at schools throughout
Japan).
Japan does not need citizens who are in
essence “public servants,” as they merely
follow the elites in society to ascertain power.
Instead, what we need is a network of
gender-sensitive global citizens who can see
through the current discrimination taking place
within Japan.
(Kuniko Funabashi: Wako University)
Voices from Japan No. 11 Summer 2003
Recent Events in Japan
Racism in Education:
Discrimination against Korean Schools
Young Kim
The
issue
surrounding
National
University entrance exam qualifications for
ethnic school students is about to face the
Ministry of Education’s blatant discriminatory
tactics.
In March of this year, the Ministry
announced that graduates of ethnic schools,
except the 16 International Schools recognized
by US and British accrediting bodies, will be
deprived of the right to apply directly for
admission to national universities.
Presently, there are a number of ethnic
schools, including Korean Schools, Korean
Gakuen, Chinese schools, and Brazilian
schools. Amongst these ethnic schools, there
are around 100 Korean schools including 12
high schools. The true, hidden reason behind
the Ministry’s new policy may be an attempt to
eliminate all Korean schools in Japan.
Although there are positions for and
against this issue even within the Ministry
itself, by last spring, opinion had tilted towards
recognition of all ethnic school diplomas for
national university admission.
However,
there was a sudden change in policy. The
“abduction”1 issue obviously has cast a large
shadow over the policy and has caused opinion
to shift.
Many
criticized
the
Ministry’s
announcement as being discriminatory. The
public comments on the Ministry’s website
totaled about 13,350 in a period of one month,
and of those, 96% were protests against their
policy. The Ministry, not being able to push
through their new policy, was forced to
reconsider their position and put a hold on
WOMEN’S ASIA 21
making a final decision until the end of July.
In any case, why must Korean schools
face discrimination simply because of the
abduction cases? These abduction incidents
are a truly serious national crime. However,
is discrimination justified because this is a
school supporting such a government? If so,
the Japanese government is doing the same
thing as those who have repeatedly harassed
Korean students since the abduction issue came
out into the open. The decisions of the
Ministry hurt the children just as the burden of
verbal and physical harassments.
The children of the North Korean school
faced an enormous shock on September 17th,
when the abduction issue came out. Adults and
teachers told them that abduction did not exist,
and until that day, the children believed what
they had been told. Learning of the shocking
reality that the abduction suspicion was true
hurt the children tremendously. Moreover,
seeing confusion among the shocked adults
must have led to even bigger insecurity and
anxiety, and at the same time, must have led to
a sense of impiety towards the adults who were,
in effect, “lying” to them for years. Further,
they may have experienced a sense of distrust
and disappointment towards North Korea
where they placed their loyalty as their country
of origin.
My two children also attend a Korean
school in the Tokyo area.
They gazed
painfully into the TV screen with a look of
confusion as the first reports of the abduction
issue were told on the news. Contacts from
the school came within a few hours. From the
following day, the children were not to wear
their uniforms, and were to commute to and
from school in groups. Tension gradually
arose. The “Chima-chogori incident”2 made its
Voices from Japan No. 11 Summer 2003
46
Recent Events in Japan
way back into our minds. The situation was
different from those incidents since 1989
occurring every 4 or 5 years because of
“suspicions.” This time, there was proof that
the state had committed a crime. There was
proof that the state had inspired these shocking
abduction incidents. All we could do was to
sigh deeply to blow away the insecurity and
tension running through us.
This was hardly an overreaction. The
police themselves contacted the school a few
days later and offered security.
In the following months, the children
lived in a situation where they had to worry
about revealing their Korean identity.
Elementary school students told their parents
the importance of hiding their Korean names.
Kids whispered to each other that they must
not wear Korean T-shirts. Parents warned
their children that they must not speak Korean
in trains and busses.
It is an ironic situation. I sent my
children to Korean school so that they would
grow up like any other child, proud of their
identity, not being isolated or friendless. In
actuality, when I heard smatterings of Korean
from them, talking lively with their friends, I
had felt reassured of my decision. It cannot
be denied that Korean schools teach glorified
images of Kim Jong-il and his son, however,
the emphasis of such education has been
reduced over the years, and the idea seemed
better than Japanese children looking up at the
flag with choirs of “Kimigayo”3. I also
believed that there was meaning in going
through the North Korean education and
learning about their roots. The school had
made much effort in the past 10 years to
conform to Japanese society, and the
passionate teachers were also an attractive
factor.
47
WOMEN’S ASIA 21
Now, the situation forced us to hide our
Korean identity. By March of this year, the
number of pestering phone calls and mails
totaled over 200 in all Korean schools
throughout Japan, and in late January, a female
student in Tokyo had a 7 cm hole cut in her
chogori in the train on her way to school.
Moreover, many Korean residents in
Japan (including both Japanese-registered and
Korean-registered citizens) felt uneasiness,
anger and rage at the Japanese media’s hysteric
North Korean and abduction reports.
Although the abduction issue is a matter of
national crime, the reports brimmed with
insulting remarks and mirrored discrimination
towards the Korean population as a whole.
The reports also failed to address the main
topic of the 9/17 conference between the North
Korean and Japanese prime ministers: wartime
atonement for Japanese colonial rule.
My two children in elementary and junior
high schools made attempts to sympathize and
understand the feelings of the abduction
victims despite their anger towards the
one-sided Japanese attitude. They recognized
and understood that all Koreans residing in
Japan, including themselves, were torn apart,
broken-up families just like the abduction
victims. They mirrored the sight of the
abductees reuniting with their families for the
first time in 20 years to the sight of their
grandfather, meeting his brother after half
century. They tried to put themselves in the
shoes of children left behind in North Korea,
and thought, “what if we were told that the
return to the status quo for Korean residents in
Japan is to move back to South Korea or North
Korea?”
They had seen their grandmother grieve
over the impossibility of seeing her sister, who
had returned to North Korea.
They
Voices from Japan No. 11 Summer 2003
Recent Events in Japan
understood that the issue could not be solved or
justified through a comparison of colonial
casualties and abduction victims. I felt saved
by the fact that even small, elementary and
junior-high school children, had the
compassion to use their imagination to
sympathize with those who were victimized.
As days passed, however, anger towards
the Japanese “abduction rage” surpassed their
efforts to appreciate the abductees’ situations.
Despite their efforts to understand and
sympathize with the feelings of these victims,
the Japanese society seen through the media
was completely unsympathetic towards the
position of Korean residents in Japan.
The Japanese attitude signified complete
denial of history.
The lack of recognition of history is not a
result of the shocking abduction incidents
alone. Looking back, in the past 10 years,
Japan has steadily “reformed” history and
promoted militarization. Japan begins to lean
more and more towards the right as can be seen
through the “Chima-chogori ripping incident”
The mere fact that such incidents are repeated
over and over again
suggests
that
something in the
society has gone
wrong and even
hints at some kind of
political intent.
Chogori
ripping
incidents
have been repeated
over
and
over,
following the 1989
Pachinko incident4,
nuclear suspicions in
1994,
missile
launchings of 1998,
WOMEN’S ASIA 21
and the abduction issue in 2002. With the
collapse of the Soviet Union in 1991, the cold
war came to an end. In Japan, however,
beginning with the Law on Measures to Deal
with Situations in Areas Surrounding Japan in
May 1999, laws threatening the pacifist
Constitution were established one after another.
The Anti-Terrorism Special Measures bill, the
Interception of Telecommunications Act (the
Wiretapping Law), the Law concerning
National Flag and Anthem, the amended Basic
Resident Register Law, three National
Emergency Bills, and the most recent a bill for
Japan’s Assistance for the Reconstruction of
Iraq all passed the House.
The education scene faces harsher
conditions. In addition to the Law concerning
National Flag and Anthem, issues surrounding
patriotism assessment and “Kokoro no Nooto”
(the Notebook of My Mind)5 came out into the
open, and the Fundamentals of Education Act
faced undesirable amendments.
The issue surrounding the ethnic school
admission rights to national universities
occurred under these circumstances. Further,
Voices from Japan No. 11 Summer 2003
48
Recent Events in Japan
a warning must be made that these assaults and
harassment towards Korean schools have
affected even the children who were not direct
victims of the attacks, and have inflicted
emotional pain and led to impiety and hostility
towards Japan. These feelings are bound to
remain as serious aftereffects, making
cohabitation and solidarity even with those
considerate and humane people difficult.
Above all, I worry that the young generation
will get tired of living as “Koreans in Japan.”
It is becoming harder and harder to live
normally and truthfully as one ought to live.
Footnotes (provided by the editorial staff):
1 The abduction issue: It had been believed that the
North Korean government abducted some Japanese
who have been missing. At an official meeting
between North Korea and Japan on September 17,
2002, the North Korean government officially
admitted the fact that they had abducted some
Japanese for the purpose of training spies.
2 The school uniform for Korean school female
students is their traditional clothing, Chima-chogori.
After the abduction incidents became public, these
female students have faced harassment by having
their uniform cut.
3 The Japanese National Anthem. Literally
translated, “Kimigayo” means “your [the
Emperor’s] world.”
4 There was a rumor that Pachinko (Japanese
pinball) parlors donated money illegally to the North
Korean government.
5 A booklet produced by the Ministry of Education.
It focuses on morality but includes sections on
patriotism for Japan.
(Young Kim: Freelance journalist)
49
WOMEN’S ASIA 21
Manipulation Hidden Behind “ Kokoro no
Nooto (Notebook of My Mind)” and
Government Intervention in Children’s
Minds
Hikaru Kasahara
During the first term of the 2002 school
year, “Notebook of My Mind (kokoro no
nooto)” was distributed to each school by
means of the local boards of education through
the Ministry of Education, Culture, Sports,
Science and Technology to be given to all of
Japan’s 11 million elementary and junior high
school children. The notebook is considered to
be a teaching aid for moral education, and as
much as 730 million yen was spent on the
production of the notebooks. The Ministry of
Education, Culture, Sports, Science and
Technology said that the use of notebooks was
not compulsory but, in July 2002, conducted a
survey on the extent of distribution of the
notebook to students, which put pressure on
schools. By September, almost all schools had
completed their distribution.
Since the establishment of the
Constitution and the Fundamental Law of
Education and the start of post-war education
in Japan, which was founded on individual
human dignity, it has been maintained that
moral education should be conducted in
schools. The necessity of moral education has
been further highlighted with the advent of
more serious and recent issues including
bullying, refusal to attend school, and class
disruption.
An increased incidence and
heinousness of juvenile delinquency (though
data has proven that crimes committed by
youth have not become so heinous as believed)
and a weakening in the ability of parents and
families to discipline children has also
Voices from Japan No. 11 Summer 2003
Recent Events in Japan
facilitated support for moral education. The
Ministry of Education, Culture, Sports, Science
and Technology incorporated suggestions for
moral education into a number of policies
including the “New Plan for Education.”
Virtues preached by moralists were included in
the first chapter, “the Introduction” of teaching
guidelines, which outlines items of school
education, and insists on the necessity for their
“teaching
throughout
all
educational
activities.” Moral education is, therefore,
considered to be “education of the mind,” of
which a tangible example is the “Notebook of
My Mind.”
There are four variations of the notebook:
those for first and second graders in primary
school, for third and fourth graders, for fifth
and sixth graders, and for junior high school
students. The introduction part of the notebook
is intended to prompt students to think about
their own mind and the world at an individual’s
level. As illustrated in the notebook for first
and second-year pupils of primary schools, the
first page says “Can you tell us about
yourself?” The one for third and fourth-year
primary schoolers starts with such sentences as
“Listen to your mind – What you like and what
you value the most.” This is a type of
psychology, which is based on the education of
the mind, which came to people’s attention
during the late 1980s and the 1990s, when the
mind came to be focused upon and
psychology-based activities such as counseling
became prevalent in the society.
However, the problems of bullying,
refusal to go to school, and class disruption
indicate a flaw brought about by the
Japanese education system, which has
focused on creating corporate warriors in
the post-war period. This educational
system has emphasized correctness and
efficiency, and has excluded people that
are individualistic, considering them to
be hard to deal with, as individualism
was shunned. Children with disabilities
have been left out for the same reason.
This “Notebook of My Mind” has
attempted to focus on children’s minds to
undo the harm done by the original flaw,
when in fact the true cause of the flaw
were the educational and societal
systems and not in any child’s mind.
Another alarming problem in
relation to this notebook is its skilful way
of promoting nationalism. People who
are familiar with Japanese pre-war and
wartime teaching of nationalism believe
that “Notebook of My Mind” is very
“Love of the country and hope for its
similar to the state-designated textbooks
success” – Kokoro no nooto
16
WOMEN’S ASIA 21
Voices from Japan No. 11 Summer 2003
50
Recent Events in Japan
of moral education during that time. For
instance, the notebook for junior high schools
asks questions such as “What are rights and
obligations?” A male student pictured has the
words “respect the rights of other people” on
the right hand, and “perform duties” on the left
while “assert your rights” is written as a
supplement at the bottom of the page. One of
the exercises in the notebook instructs children
to write an essay on “if there were no laws or
regulations in society” or “what you have
learned about laws and regulations.” The
notebook ostensibly wants students to think for
themselves, but in reality it is imbued with
messages with certain values, and the book
contains examples of ideal answers to the
questions it poses. In the same way, there are
sections such as “love of the country,”
“missions to protect and nurture tradition,”
“successors of Japanese culture and tradition,”
and “love of the country and hope for its
success.” These values cannot be the same or
commonly shared by the students in Japan of a
foreign nationality or for zainichi, students of
Korean or Chinese ethnic backgrounds, and
perhaps
Japanese
students
as
well.
Enforcement of patriotism is to take place
without considering diversity.
Currently, the Japanese government is
equipping itself as a country able to wage war,
and “Notebook of My Mind” lays the
groundwork in the education sector for the
establishment of militarism in the country. It
is necessary to put the brakes on the trend
towards
government
intervention
and
manipulation of the complex and sensitive
minds of children.
(Hikaru Kasahara: Staff of Asia-Japan Women’s
Resource Center)
51
WOMEN’S ASIA 21
What has been “ Achieved” with the Bill
of Gender Change for People with
“ Gender Identity Disorder” ?
Makiko Matsumoto
On July 10, 2003, the Gender-Change Bill
was unanimously passed at the House
Councilors Plenary Session. According to the
law, people with “Gender Identity Disorder1
(GID)” can ask a family court for a change of
gender on the family registry if they are (1)
diagnosed by at least two medical experts as
“GID,” (2) older than 20 years of age, (3)
single, and childless, and (4) have already
completed sex reassignment surgery.
Transgendered people have been facing
not only difficulties in their daily lives, but
they have also been in jeopardy for their health
and security because of their registered gender
on the official documents. For example, they
are unable to open bank accounts because their
appearance differs from the gender stated in the
documentation. In order to avoid presenting
their family registry, which states their gender
based on biological sex, many of them have
had to take lower-wage and less-secure part
time jobs.
In addition, they sometimes
postpone visits to the doctor because they are
afraid of being discriminated against, harassed,
and/or rejected because of the gender specified
on the health insurance card. Due to such
reluctance, sickness can develop or worsen.
In facing these difficulties, transgendered
people, their families, and their allies have
been taking actions to legalize the sex
reassignment surgery2, to remove the gender
section from the official document, and to
modify the documented gender. Some local
governments have already started to eliminate
gender from some official documents.
Voices from Japan No. 11 Summer 2003
Recent Events in Japan
It was in this environment that the Gender
Change Bill was passed. At first glance, the
law seems to satisfy transgendered people’s
request and create a legal framework for
transgendered people to be able to enjoy their
lives.
However, this law becomes very
problematic
when
viewed
from
a
gender-sensitive perspective.
Why does one have to get “diagnosed” by
medical experts to prove that she or he is
transgendered? Why does one have to be
single? Why does one have to be childless?
Also, what does it mean to allow the
government and the state to intervene with
one’s sexuality?
What we have achieved by this law is that
we have given permission to medical science
to re-define our sexuality (our gender was
defined by the medical science at birth
originally). We are also allowing society to
reinforce the image of the “traditional family”
based on the heterosexual couple with children
and supporting the family registry system,
which strongly reflects the patriarchal
“Emperor” system of Japan.
Besides, the law would divide the
transgender community into those who can
enjoy this law and those who cannot. There is
a common practice by those with power to
divide the oppressed, the exploited, and the
discriminated, and make them compete against
one another.
We should examine thoroughly the true
purpose of the law, especially at a time when
we are witnessing the whole society of Japan
turning to the right, militarism, and
conservatism, and also when the backlash
against feminism, which celebrates diversity, is
on the increase. We should be more careful
and see through the real intention of those with
power.
WOMEN’S ASIA 21
Thanks to the strong demand from the
transgender community, this law stipulates a
review three year from the time of its
enactment. We must keep demanding that the
government acknowledge our requests.
Footnotes:
1 In Japan, in order for transgendered people to be
able to have sex-reassignment surgery as a medical
service, the Guideline made by the Japanese Society
of Psychiatry and Neurology specifies that
transgender must be considered as a “disorder.”
2 Sex reassignment surgery used to be illegal
because of the Eugenic Protection Law (currently
the Maternal Protection Law). After the first sex
reassignment surgery at Saitama Medical School in
1996, the Japanese Society of Psychiatry and
Neurology made a guideline about “gender identity
disorder” and legalized the surgery as a medical
treatment to cure the “disorder.”
(Makiko Matsumoto: Staff of Asia-Japan Women’s
Resource Center)
z
Voices from Japan No. 11 Summer 2003
52
Recent Events in Japan
Feminist
Art
Activism
Questioning
Gender and Militarization
Hisako Motoyama
In the past, the male-oriented anti-war
movement has been focused on national and
international politics and organized mass
demonstrations in which everyone shouted the
same slogans.
Women’s role in this
movement seemed to be largely limited to that
of the anonymous participants; or that of the
“peace-loving
mother.”
The
recent
anti-war
activism initiated by
several
feminist
groups is a stark
contrast to that
previous
peace
movement, in terms
of a strong gender
consciousness and
concern over the
effects
of
militarization
on
our daily lives. It
Women in Black
also creates a new
venue for collaboration of art and activism,
which was manifested in a recently held
exhibition.
The exhibition titled “Action in Silence: I
don’t want militarization in my life” was held
from May 31 - June 7, 2003 at Pa/F Space in
Tokyo. It featured the recent public actions
organized by feminist groups against the
US-led invasions of Afghanistan and Iraq as
well as remilitarization in post-9/11 Japan.
The public actions mainly consisted of women,
but all participants of either sex were welcome.
53
WOMEN’S ASIA 21
The Kyoto Joshi-Demo is a group of
female university students in Kyoto, who were
uncomfortable
with
male-dominated
movements and thus took initiatives in
organizing demonstrations against the war.
They produced a number of unique flyers and
posters with attractive illustrations, which
expressed their clear concerns over the war and
wartime legislation.
The Women in Black (WIB) in Tokyo has
been holding regular vigils on street corners
since the US attack on Afghanistan started in
2001, adopting the common style of protest in
black and silence,
which is practiced
by WIB in Israel,
Belgrade and all
over the world.
The WIB vigil has
spread to several
other cities in Japan,
including
Osaka,
Fukuoka,
Saga,
Kyoto and Saitama.
The
Great
Japan
Anti-War
Women in Black
League is a parody
standing in Tokyo on
of
Great
Japan
Women’s National Defense League during the
Second World War. It questions the women’s
role in the war and armed conflict and at the
same time provokes the memories of
victimization of women and children in Japan
during the war.
The exhibition consisted of documents,
photographs, pamphlets, fliers, posters,
clothing and other items used for protesting
activities, which are presented in chronological
order. Events organized during the exhibition
included a panel discussion by organizers of
Voices from Japan No. 11 Summer 2003
Recent Events in Japan
the featured protest actions, and performances
by Nonko Ono, Tari Ito and Denise Uyehara.
“The war is over, but everything is not
well. The reality seems that violence is the
ultimate solution. We hope through art and
this exhibition we can continue to express our
unwillingness to submit ourselves to violence,”
the organizers said.
The exhibition also celebrated the
inauguration of a new feminist art organization,
Feminist Art Action Brigade (FAAB). “It is a
brigade of artists who use our artistic
expression as tools to question the prevailing
social and artistic value system,” Yoshiko
Shimada, an artist and one of the organizers,
said. “Rather than making a pyramid shaped
value system, we want to make a horizontal
system in which we all express ourselves
equally and freely, and feminism is still one of
the most useful and practical ideals to make
this happen. What we call feminism here is
for all, not a movement for increasing women’s
equality to men. We will work with minority
people, groups, individuals who are striving to
make a change in the prevailing mainstream
social system. Our action is not confined in
the so-called ‘cultural’ activities. We are not
afraid to be political as well as artistic, at the
same time.”
For more information on this article:
Women in Black Tokyo:
home.interlink.or.jp/~reflect/WIBTokyo/home.html
Kyoto Joshi-Demo: e-mail to Yuki Mizushima at
yukimizushima@jca.apc.org
FAAB: e-mail at yoshimada@aol.com
(Hisako Motoyama: Board member of Asia-Japan
Women’s Resource Center)
Sign held by a member of Women in Black in front of Embassy of Isra
WOMEN’S ASIA 21
Voices from Japan No. 11 Summer 2003
54
Asia-Japan Women’s Resource Center
The Asia-Japan Women’s Resource Center was
established in 1995, as an extension of the Asian
Women’s Association (AWA), one of a few women’s
organizations in Japan which has been actively
involved in activities from a gender and North-South
perspective and with critical view of Japan’s role in
Asia for the last two decades.
In order to
strengthen AWA, which has been run only by
volunteers, it was decided to establish Asia-Japan
Women’s Resource Center with regular staff and a
new vision for the 21st century. The center is
operated by self-finance, mainly supported by
members’ fees from some 900 members.
The Center facilitates discussion and action
for women in Asia to envision an alternative future
society based on gender justice, ecology and local &
global democracy where poverty, oppression and
discrimination are eliminated. We want to replace
the Asia of GNP-centered development with an Asia
of human rights in the 21st century.
The Center also provides venues for Japanese
women to think, discuss, and act, to share
information and experience with other Asian women
and to extend women’s networks inside and outside
Japan for the purpose of empowerment of women.
We aim to achieve this, by strengthening the
sisterhood of Asian women.
We would like to ask you and women’s NGOs of
the world to establish a linkage and exchange
information with us. Please contact us!
<Activities>
(1)
Publications
- Quarterlies:Women’s 21st Century (Japanese)
- Bi-annual English Newsletter:
Women’s Asia 21 “Voices from Japan
- Translation of books and reports written by
Asian women
(2) Training
- Women’s Empowerment Seminars
- Women’s Study Tours
(3) Research Groups
(4) Coordination of Conferences
(in Japan and abroad)
(5) Documentation/Library
(6) Advocacy and Campaigns
(7) International Cooperation and Solidarity
(8) Electronic Networks for Women
(9) Asian Women’s Association (AWA)
- Friends of Thai Women
- Drop in Center for Filipino Migrant Women in
Japan
(10) Marketing
- Books and other publications by women
“Women’s Asia 21 - Voices from Japan –“
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No. 1: Asian Tribunal on Women's Human Rights, Military Base & Women, Situation of Japanese-Filipino
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Alternatives
No. 3: Sexual Slavery, Trafficking in Women and the Growing Revisionist Movement in Japan
No. 4: Globalization & Women's Human Rights
No. 5: Men and Prostitution - Research Project on Men and Prostitution
No. 6: Beyond Nationalism - Women's Perspective for the 21st Century
No. 7: Violence against Women - Battles on Women's Body in Japan
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Editorial board
Masayo Niwa
Editorial staff
Makiko Matsumoto
Hikaru Kasahara
Translation
Ayumi Kijima
Chika Watanabe
Eiichiro Kojima
Kevin Harris
Kumiko Iwasaki
Margaret Mitsutani
Miho Kim
Miwa Tajiri
Reina Nakamura
Sachi Nakajima
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Proofreading
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Asia-Japan Women’s Resource Center
14-10-311, Sakuragaoka, Shibuya-ku
Tokyo 150 0031 Japan
Tel: 81 3 3780 5245 Fax: 81 3 3463 9752
Email: ajwrc@jca.apc.org
URL: www.jca.apc.org/ajwrc
Newsletter No. 11 (Summer 2003)
Price: 1000 yen (US$10)