Japan

• Facing a crisis of democracy, Japan’s civil society groups fight for accountability

  Guest article by Yukiko Miki, Chairperson, Access-info Clearinghouse Japan

• JAPAN: ‘Each victory brings backlash, but LGBTQI+ people will keep fighting for equality and dignity'

  CIVICUS speaks about the struggle for LGBTQI+ rights in Japan withAkira Nishiyama, Deputy Secretary General of the Japan Alliance for Legislation to Remove Social Barriers based on Sexual Orientation and Gender Identity (Japan Alliance for LGBT Legislation, J-ALL).

  Founded in 2015, J-ALL seeks to remove social barriers based on sexual orientation and gender identity (SOGI). It does so by convening consultations, producing research, developing policy proposals, raising awareness among the public and lobbying government officials and legislators.

  What are the implications of recent court rulings on same-sex marriage in Japan?

  In 2019, five lawsuits were filed at Japanese district courts addressing same-sex marriage. Four out of five court rulings were positive. Nagoya and Sapporo district courts declared that not allowing same-sex marriage was against the Constitution, while Fukuoka and Tokyo district courts ruled that it was ‘in a state of unconstitutionality’.

  The Osaka court was the only one to rule negatively on the three constitutional clauses in question. Clause 1 of article 24 says that marriage shall be based on the mutual consent of both sexes, and the court argued that this clause pertains to heterosexual couples only and doesn’t guarantee same-sex marriage. The court affirmed that legal protection for same-sex relationships hasn’t been fully discussed yet and therefore the Civil Code and Family Register Act, which doesn’t recognise same-sex marriage, is not against clause 2 of article 24, which upholds individual dignity and the essential equality of sexes in matters of marriage and family. Finally, the court argued that there are now minimal differences in the treatment of heterosexual and same-sex couples, and so the lack of recognition of same-sex marriage doesn’t violate article 14, which guarantees equality under the law.

  Have you seen any positive change in public attitudes to LGBTQI+ people?

  Since the lawsuits were filed, there have been significant societal changes. Various surveys indicate public support for same-sex marriage, and over 300 municipalities have introduced a partnership system for same-sex couples.

  According to the 2019 research led by Professor Kazuya Kawaguchi from Hiroshima Shudo University, almost 65 per cent of the population supports same-sex marriage, with the percentage reaching 80 per cent among people in their 20s and 30s. Also, almost 88 per cent support legislation prohibiting bullying and discrimination against sexual minorities. Similar results have been observed in other studies.

  How positive is the recently adopted law against discrimination?

  The law passed in June 2023 is not an anti-discrimination law based on the grounds of sexual orientation and gender identity (SOGI), because it lacks the tools to address actual cases of discrimination. It should be understood as a ‘SOGI Understanding Law’: it primarily aims to promote public awareness of sexual and gender diversity. It mandates the government to create a basic implementation plan and operational guidelines, publish an annual white paper to monitor progress, conduct academic research and establish a liaison council to coordinate policy implementation. It also encourages ‘efforts’ by national and local governments, employers and schools to promote understanding through awareness-raising, setting up consultation services, educational activities and other necessary measures.

  LGBTQI+ groups are concerned that article 12, which states that in implementing the measures each actor shall pay attention to ensure that all citizens can live with ‘peace of mind’ regardless of SOGI, may be interpreted by right-wing groups intentionally to mean that if one person raises concerns, local government cannot implement those measures. However, during the legislative session it was clarified that article 12 was added to emphasise a guiding principle stipulated in article 3, which declares that all citizens, irrespective of their SOGI, are respected as irreplaceable individuals who share basic human rights equally, and unjust discrimination based on SOGI is inexcusable.

  Japanese civil society is still uncertain whether this law will have a positive impact, given that the implementation plan and guidelines are yet to be formulated. We hope that the law will be interpretated and applied in accordance with the guiding principles based on a thorough understanding of the legislator’s intention.

  Have these legal changes been met with an anti-rights backlash?

  This year, anti-LGBTQI+ remarks made by a former secretary of the prime minister in February and Japan’s hosting of the G7 Summit in May accelerated a social movement urging anti-discrimination legislation. As a result, there has been heightened criticism from some conservative members of the ruling Liberal Democratic Party (LDP) and religious groups.

  Anti-transgender discourse has surged by exploiting women’s anxieties. It has gone along the lines of ‘if the law is passed, men claiming to be women will be able to come into women’s public toilets and baths (‘Sento’ in Japanese)’. A new caucus was formed within the LDP, allegedly to protect the peace of mind and safety of women and the fairness of women’s sports. Members of this caucus submitted a request to the Ministry of Justice to keep the ‘compulsory sterilisation’ requirement for legal gender recognition. The LGBTQI+ community must continue discussions on how to counter this backlash.

  What are the next steps in your struggle?

  Three crucial steps should be taken. First, a proper anti-discrimination law banning discrimination on the basis of SOGI must be enacted. Second, marriage equality must be recognised.

  And third, inhumane requirements for legal gender recognition must be removed through the revision of the Act on Special Cases in Handling Gender Status of Persons with Gender Identity Disorder or the approval of new legislation. The compulsory sterilisation requirement has been criticised both domestically and internationally. Recommendations to eliminate it were formulated by various states at Japan’s Universal Periodic Review by the United Nations Human Rights Council in January 2023. However, the Japanese government did not accept these recommendations. A Supreme Court ruling on the constitutionality of this requirement is expected by the end of this year, and we hope it’ll mark the beginning of a movement to amend Japan’s gender recognition law.

  While many other things must be done to protect the human rights of LGBTQI+ people in Japan, we believe it’s crucial to first amend and enact laws on these three issues.

  What international support do you receive, and what is needed?

  At the international level, LGBTQI+ organisations from G7 member states, including us, have formed a new civic engagement group named ‘Pride7’ (P7) to highlight human rights violations related to SOGI globally and propose policy recommendations at G7 summits. In March, we organised the P7 summit with activists from G7 and global south countries and, as a result, handed the P7 communiqué to the governments of Japan, the UK and the USA. Additionally, 15 embassies in Japan released a joint video message ahead of the G7 Summit in Hiroshima, urging protection for the rights of LGBTQI+ people and expressing intolerance towards discrimination. With substantial support from the international community, we aim to pass on the P7 presidency to Italy, the host of the 2024 G7 summit.

  We would appreciate your support to inform wider audiences about the current situation in Japan. Please follow our activities on our website or social media, and contribute through either a one-time or a monthly donation. If you represent a private company, we invite you to cooperate by adhering to the Declaration of Business Support for LGBT Equality in Japan, which we promote as a part of our global campaign called ‘#EqualityActJapan‘.

  ---

  Civic space in Japan is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with J-ALL through itswebsite or itsFacebook page, and follow@lgbtourengokai on Twitter.

• JAPAN: ‘Links between politics and the religious right have impeded progress on LGBTQI+ rights’

  CIVICUS speaks with Akira Nishiyama, executive officer of the Japan Alliance for Legislation to Remove Social Barriers based on Sexual Orientation and Gender Identity (Japan Alliance for LGBT Legislation, J-ALL).

  J-ALL was founded in 2015 to advocate for legislation to remove the barriers LGBTQI+ people experience due to their sexual orientation or gender identity in Japan. It focuses on raising awareness among the public, producing research and convening consultations, developing policy proposals and lobbying with government officials and legislators.

  What is the situation of LGBTQI+ people in Japan?

  LGBTQI+ people are estimated to make up between three and 10 per cent of Japan’s population. Many are closeted for fear of discrimination and prejudice. According to recent research, over half of teenagers who identify as LGBTQI+ have been bullied, and only about 10 per cent of LGBTQI+ people are able to come out at their workplace. The rate of LGBTQI+ people who have considered suicide is about twice as high as among their heterosexual counterparts and the rate of those who attempt suicide is six times higher – and 10 times higher among transgender people.

  Such a vulnerable status is caused by the absence of a law at the national level that prohibits discrimination on grounds of sexual orientation and gender identity (SOGI) and raises awareness of LGBTQI+ and SOGI issues. We believe that an anti-discrimination law would enable us to solve social problems such as bullying and SOGI-based discrimination due to prejudice or misunderstanding and effectively deter and remedy human rights violations. It would force governmental agencies, educational institutions and private companies to prepare preventive schemes so that SOGI-related human rights violations would not take place, and make consultation services available.

  Additionally, Japan’s Act on Special Cases in Handling Gender Status of Persons with Gender Identity Disorder sets strict conditions to change one’s legal gender status. Under this law, a person with a so-called ‘gender identity disorder’ must be diagnosed by two or more psychiatrists and must fulfil five conditions to request the family court to make a ruling towards change of their gender status, which is still thought of in binary terms: they must be above 18 years of age, not be married at the time of the gender change, have no children who are still minors, have no reproductive glands, or only reproductive glands that have permanently lost their function, and have body parts that appear to resemble the genitals of the other gender.

  These conditions are considered too strict compared to those of other countries. In 2015, 12 United Nations organisations issued a joint statement asking the Japanese government to ensure the legal recognition of the gender identity of transgender people without such abusive requirements, but the Japanese government has not yet made any moves in that direction.

  What work does J-ALL do?

  J-ALL was established in April 2015 in response to a call from politicians and the LGBTQI+ community to reach a consensus and make effective policy recommendations. For the previous decade or so, civil society organisations (CSOs) in Japan had been lobbying separately on LGBTQI+ and SOGI-related issues.

  J-ALL is an umbrella organisation with 96 member CSOs from throughout Japan. It is run by directors who are leaders of CSOs in various regions. Its secretariat is managed by executive officers who specialise in lobbying, public relations and international affairs, as well as student interns.

  Our lobbying activities have succeeded in pushing forward several SOGI-related laws. For instance, in October 2018 the Tokyo Metropolitan Government adopted an ordinance that protects LGBTQI+ people from SOGI-based discrimination in line with the Olympic Charter. This ordinance clearly stipulates anti-discrimination based on SOGI and was the first ordinance of its kind at the prefectural level.

  In addition, in May 2019 the Japanese government amended the law on harassment. The amended version requires private entities and municipal governments to set guidelines to prohibit harassment and outing based on SOGI in the workplace.

  As the only CSO aimed at proposing SOGI-related bills, J-ALL is pushing politicians and governmental officers at both national and municipal levels by working together with Rengo – the Japanese Trade Union Confederation and a member of the International Trade Union Confederation – eminent scholars and researchers of labour law and international human rights law, and activists fighting to eliminate all kinds of discrimination, including discrimination against women. In recent years, around 40 companies have signed a statement to support the LGBT Equality Law, which would ban anti-LGBTQI+ discrimination. Economic federations have also declared the necessity for legislation on SOGI.

  Have you faced any anti-rights backlash?

  As the social movement to promote the rights of LGBTQI+ people has grown, backlash by religious right-wing groups, ultra-conservative politicians and trans-exclusionary radical feminists (TERF) groups has also grown. For instance, several politicians gave discriminatory speeches against LGBTQI+ people in response to discussions regarding the anti-discrimination bill agreed on by LGBT Giren, a nonpartisan political caucus set up to discuss SOGI-related human rights violations in 2021. Bashing against transgender women and LGBTQI+ people based on heteronormativity, conventional understandings of the family and stereotypical images of women are prevalent in both the real world and the internet.

  Japan has not made much progress on gender inequality, let alone LGBTQI+ rights and SOGI-related issues. This is because the Japanese government is closely connected with religious right-wing groups based on the values of male chauvinism and a patriarchal view of the family. Because of these close ties, ruling politicians have long ignored the existence of people with diverse sexualities and gender identities and have sustained a social system that lacks SOGI-related education and allows for SOGI-based human rights violations. As a result, LGBTQI+ people face wide-ranging challenges such as prejudice, bullying and harassment, and victims of SOGI-related human rights violations are not protected by the law.

  We believe that Japanese civil society needs to recognise this connection between mainstream politics and the religious right in order to tackle human rights issues in earnest. It is also important to learn about which groups of people are marginalised by the current social systems built by the majority and what kind of human rights violations they face, and to take actions such as electoral participation and making public comments based on these concerns.

  How is civil society working to achieve marriage equality, and what was the significance of the recent verdicts of the Sapporo and Osaka district courts?

  There is a CSO, Marriage For ALL Japan, that has been working actively and specifically to achieve the legalisation of same-sex marriage in Japan. In 2019 this organisation filed lawsuits in five districts – Fukuoka, Nagoya, Osaka, Sapporo and Tokyo – and has been conducting awareness-raising activities across the nation.

  In March 2021, the Sapporo District Court ruled that not allowing same-sex marriage was unconstitutional. After a careful scrutiny of the scientific and medical arguments currently used to deny legal benefits to same-sex couples, the Sapporo District Court reasoned that the failure to allow ‘even a certain degree’ of legal benefits to same-sex couples based on their sexual orientation is against Article 14 of the Constitution, which stipulates equality under the law. Although the court dismissed the plaintiffs’ claim for compensation, its verdict was viewed as a step that would surely accelerate the movement to legalise same-sex marriage in Japan.

  But then in June 2022, the Osaka District Court concluded that not allowing same-sex marriages does not violate Article 14, given that the legal disadvantages faced by same-sex couples can be compensated by wills or other means. In addition, the court emphasised that the gap between the benefits enjoyed by heterosexual and same-sex couples has been minimised by the recognition of same-sex partnerships at the municipal level. This, however, overlooks the fact that the municipal system of partnership recognition is not legally binding.

  The Osaka District Court also claimed that the ‘true’ elimination of discrimination and prejudice should be achieved by constructing a social system through the democratic process of free discussion by the people. This was criticised by civil society as an abdication of the judiciary’s crucial role as the bastion of human rights. Also under fire is the court’s claim that marriage is purely for the purpose of reproduction.

  How can the international community support LGBTQI+ people fighting for their rights in Japan?

  Since 2020 J-ALL has been running a global campaign, Equality Act Japan (EAJ), alongside Human Rights Watch and other global human rights organisations. We would like you to sign the petition found in our website to ask the Japanese government to enact the LGBT Equality Act.

  If you are a private company, we will appreciate your cooperation in adhering to the Declaration of Business Support for LGBT Equality in Japan, which we promote as a part of the EAJ campaign.

  Last but not least, we would be happy if you could join us by checking out the current situation in Japan, follow our activities through our website or social media, and support us through a one-time or a monthly donation.

  Civic space in Japan is rated as ‘narrowed’ by theCIVICUS Monitor.
  Get in touch with J-ALL through itswebsite orFacebook page, and follow@lgbthourengokai on Twitter. 

• JAPAN: ‘The vulnerability of the homeless is the result of contemporary society’s built-in social exclusion’

  CIVICUS speaks to Tsubasa Yuki ofMoyai Support Centre for Independent Living about the situation of homeless people amid the COVID-19 pandemic in Japan. Founded in 2001, the Moyai Support Centre supports homeless people by creating a community space and providing advice and rent guarantees for those seeking housing.

  In Japan it is illegal to beg on the streets and there is little sympathy for homeless people, who are commonly stereotyped as running away from gambling debts. Tokyo’s preparations for the Olympic Games, originally planned for 2020 and now postponed to 2021, prompted the removal of homeless tents around railway stations and parks. In the context of the COVID-19 pandemic, the Moyai Support Centre started an online petition to request permission from the Tokyo Olympic organisers and the city government to use the Olympic Village as a homeless shelter. 

  

  Can you tell us about the work of the Moyai Support Centre for Independent Living?

  Our programmes for supporting homeless people are threefold, and most of them are not exclusive for people in homelessness. Firstly, we have a consultation service, Seikatsu-Soudan. Every Tuesday, around 20 people visit our office asking for immediate help. In most cases, they are seriously impoverished and need public assistance. In those cases, we provide them with accurate information about social welfare services and support their application processes.

  Secondly, we provide rent guarantees for homeless people seeking secure housing. After applying for public assistance, people are usually allocated to shelters and then start searching for apartments, and this is where we come in. We have provided rent guarantees for more than 2,000 people in total. However, insurance issued by private companies has recently become more common. So we advise our visitors to use those private companies if they can, and often our representative provides his phone number as an emergency contact when they apply for private insurance.

  Thirdly, we have a community space. It is often the case that even after getting secure housing, formerly homeless people do not have any place to be when they go out. So we have a café, Salon de Café Komorebi, which opens every Saturday. This café is managed by our staff alongside many volunteers, including formerly homeless people. Unfortunately, the café is currently closed due to the COVID-19 pandemic.

  What was the situation of homeless people in Japan before the pandemic?

  Some general trends can be identified. In Tokyo, and probably in other Japanese cities, there are at least 1,000 rough sleepers, most of whom are male and relatively old, with an average age around the mid-50s. They usually combine multiple strategies for survival: they are day labourers, seek other informal jobs, scavenge and eat at soup kitchens. In the case of Tokyo, the Tokyo Metropolitan Government (TMG) has a public employment programme through which rough sleepers can gain a monthly cash income of around 20,000 yen (approx. US$190). Rough sleepers are mostly single males, but many of them form some kind of community in which they share useful information and, less frequently, jobs.

  In addition to rough sleepers, at least 4,000 people use cyber cafés and other facilities to spend the night in. Most of them are employed in the most insecure part of the labour market – they are cleaning staff, security officers, construction workers, or have transportation jobs. While they may seem to have relatively more secure housing than rough sleepers, the truth is that cyber cafés are segregated into compartments and as a result, these people usually don’t have any communities they belong to.

  What specific challenges have homeless people faced during the pandemic?

  The most striking point is that many community-based and faith-based organisations and other groups suspended soup kitchens due to fear of spreading the virus. This has made it really hard for rough sleepers to get enough food and vital information about the virus and the public services available to them.

  In addition, public employment services stopped in April 2020 and as a result, rough sleepers have lost their major source of cash income. Cash incomes from the informal economy, including scavenging, also declined because of the lockdown and stay-at-home policies.

  In April, the TMG requested that many enterprises in the service economy suspend their business. Cyber cafés and similar facilities were also requested to stop operating. Although this was not mandated by law, many enterprises followed the policy. As a result, people living in cyber cafés lost their places to sleep. Many of them also lost their jobs and incomes due to economic decline prompted by the lockdown policy.

  How have the Moyai Support Centre and other civil society organisations (CSOs) responded to the situation? 

  Many CSOs have had to stop their activities as well. We closed our café in April 2020. But at the same time, we extended our consultation services. Currently, in addition to the Tuesday consultation service, we have set up a soup kitchen and provide consultation services in front of the TMG office, together with another civil society group, Shinjuku Gohan Plus. In April alone, we distributed more than 600 packages of food and provided consultation services to more than 150 people.

  As well as providing direct services to people in need, we have started a petition so we can use the Olympic Village set up for the 2021 Tokyo Olympics as a shelter during the COVID-19 pandemic. So far, the petition has collected more than 50,000 signatures.

  Under the pandemic, the TMG made 2,000 hotel rooms available as shelter for those expelled from cyber cafés, and more than 800 people have been using them. But it is not clear whether this policy will be extended after the state of emergency ends. The Olympic Village can be the next place to accommodate them.

  In July and August 2020, we will have elections for the TMG. We are trying to tackle the shortage of decent shelters for people facing homelessness by making the issue one of the major topics in the coming election for Tokyo’s governor. As it is connected both to issues of the Olympics and COVID-19, it is now attracting a great deal of attention from people inside and outside Tokyo. So we are now planning to submit a petition and deliver an open questionnaire letter to candidates in the election. They will be obliged to express their stance and opinions on the issue of homelessness in Tokyo. 

  But we understand these are only temporary solutions. Be it at hotels or the Olympic Village, these are only temporary shelters at best. The next step for us is to support homeless people to find secure housing, that is, get their own apartment. This is challenging even for people who have successfully applied for and received public assistance. We are trying to reach them in shelters and support them in finding apartments.

  But this cannot be done solely by CSOs like us. This mass transition from shelters to apartments can only be successfully accomplished with the help of willing and conscientious owners and landlords. The next goal for both CSOs and public entities should be to gain their support.

  What lessons have you learned so far around the COVID-19 pandemic and its impacts on homeless people?

  The current situation reveals that soup kitchens and other voluntary activities played a vital role as an information centre for homeless people, and especially for rough sleepers. People in that situation have scarce access to important information about COVID-19 and related policies and services. Some of them gain information from radio and newspapers but these media are not available to all rough sleepers. Thus, for many of them, voluntary activities are almost the only source of accurate information.

  Further, while it might be common knowledge that homeless people are particularly vulnerable to disasters, it is worth noting that homeless people and those working in insecure jobs have been the first to be affected by the pandemic, and the hardest hit. Stay-at-home policies might be one of the most effective strategies against the pandemic, but they presuppose that people have secure housing and a certain amount of savings. For those people with no secure housing, employment status and savings, it is almost impossible to follow the policy. In addition, homeless people are not eligible for any of the compensation or temporary income support that is available to other people. The vulnerability of the homeless is the result of contemporary Japanese society’s built-in social exclusion.

  Civic space inJapan is rated as ‘narrowed’ by theCIVICUS Monitor.
  Get in touch with the Moyai Support Centre for Independent Living through itswebsite.