Japan’s Future as an International, Multicultural Society: From Migrants to Immigrants Arudou Debito Summary Despite an express policy against importing unskilled foreign labor, the Government of Japan (GOJ) since 1990 has been following an unacknowledged backdoor "guest worker" program to alleviate a labor shortage that threatens to become chronic. Through its "Student", "Entertainer", "Nikkei repatriation", "Researcher", "Trainee", and "Intern" Visa programs, the GOJ has imported hundreds of thousands of cost-effective Non-Japanese (NJ) laborers to stem the "hollowing out" (i.e. outsourcing, relocation, or bankruptcy) of Japan's domestic industry at all levels. As in many countries including the
Despite their importance to Japan’s economy, this has not resulted in general acceptance of these laborers as "residents", or as regular "full-time workers" entitled to the same social benefits under labor laws as Japanese workers (such as a minimum wage, health or unemployment insurance). Moreover, insufficient GOJ regulation has resulted in labor abuses (exploitative or coercive labor, child labor, sundry human rights violations), to the degree that the GOJ now proposes to "fix" the system by 2009. The current debate among ministries, however, is not focused on finding ways to help NJ workers to assimilate to Introduction: Following its long history of importing labor from overseas (Western technical advisors during and after the Meiji Era, millions of citizens of empire and forced laborers during Japan's prewar and wartime era), the postwar Japanese government (GOJ) has had the express policy of "no unskilled Non-Japanese labor", relying more on women, the elderly, and automation to keep domestic industries humming.[1] However, as Japan's Bubble Economy of the 1980's began to wane, and government and business leaders realized that Japan's wealth and high exchange rates had priced its goods out of the international market, many labor intensive industries including textiles, shoes, and toys) relocated overseas or went bankrupt. At the same time, with declining birth rates, since 1990 However, the GOJ resisted the path of encouraging labor migration taken by such nations as the However, demographic pressures made importing labor unavoidable. With its low and dropping birthrate, However, GOJ, with the support of The program was presented as a form of "Overseas Development Assistance" and technological transfer (a la the Japan International Cooperation Agency (JICA)[3]), ostensibly offering these workers opportunities to work and be trained in developed Japan, then sent back home in a few years with skills that would benefit their home countries. They would thus be no threat to the domestic labor market, as their jobs would be confined to sectors with labor shortages. Nor would they be permitted to change jobs inside In 1990, the GOJ revised its Immigration Control and Refugee Recognition Law to give "trainees" (gijutsu jisshuusei) one-year visas. Under this status, they were not legally considered "workers", so were exempt from Japanese labor laws. This meant they would not be given wages but a mandated "stipend" of 60,000 yen per month, far below the minimum wage. Moreover, employers would not be required to pay for the basic entitlements guaranteed every other person working full-time hours in By 1993, it was clear to employers that employing trainees was cheaper than interns, so a new visa status of "practical trainees" (ginou jisshuusei) basically extended "trainee" work conditions for two more years. Similar provisions were made for "entertainers" (kougyou, i.e. NJ women put to work in Japan's water-trade and nightlife industries) and "students" (ryuugakusei or shuugakusei), which brought in people from China, Thailand, the Philippines, Indonesia, and other developing countries to do unskilled and often unsavory tasks while ostensibly studying in Japan. Meanwhile, brokers and ersatz "language schools" sprang up to headhunt and launder NJ visa statuses. One other visa status of particular note was for workers of Japanese descent (nikkei). Several countries have significant nikkei populations, including of course the Many NJ did stay on indefinitely. As of the end of 2006, these visa programs had helped double the number of registered NJ in As weekly economics magazine Shuukan Diamondo ( Cover: "Even with the Page 32: "If SARS [pneumonia] spreads, factories 'dependent on Chinese' in Page 40-41: Keidanren leader Okuda Hiroshi offers "five policies": 1) Create a "Foreigners Agency" (gaikokujin-chou); 2) Create bilateral agreements to receive "simple laborers" (tanjun roudousha); 3) Strengthen Immigration and reform labor oversight; 4) Create a policy for public safety, and environments for foreigner lifestyles (gaikokujin no seikatsu kankyou seibi); 5) Create a "Green Card" system for This means that the original plan of closed-fishbowl, or revolving-door, employment has in fact become one leading toward ethnic immigration. Migrant has turned into immigrant. But immigrant with Japanese characteristics. Foreigners continue to suffer disincentives and labor abuses as a result of the prevailing visa system. Horrible work conditions have been researched exhaustively by other authors[6], and I will not retread their findings here. This paper will present the most recent data available indicating the current state of problematic conditions for NJ laborers, then turn to the current debate on immigration within the Japanese ministries. In 2000, the United Nations reported and the Obuchi Cabinet acknowledged that Despite this, the GOJ has continued to sit on the fence, neither acknowledging a guest-worker program, nor devising a clear immigration policy[9]. In sum, workers were encouraged to come, but the government has done little to protect and care for them. The resulting legal grey area for foreign workers has fostered multiple labor abuses. Between autumn 2006 and winter 2007, these abuses generated significant domestic press attention. This report highlights how old problems continue unabated and how local governments and Press interest According to Kyodo News ("Foreign trainees facing chronic abuses", According the Yomiuri Shinbun ("Factory denies Muslim basic human rights", December 5, 2006), a sewing factory required an Indonesian trainee to sign a written oath saying she would, inter alia, not pray five times a day, fast during Ramadan, own a cell phone, write letters, repatriate her money, ride in motor vehicles, or be outside her dormitory after 9PM. The oath was presented after the worker arrived in According to the same Shuukan Kin'youbi article, six Vietnamese were harassed in the workplace with verbal abuse, such as, "You people aren't humans, you're animals", and threats of deportation for mistakes or complaints. They were also restricted in their access to toilets, with their pay docked by 15 yen per minute if they exceeded the "allotted time". They alleged sexual harassment, saying a boss came to their dormitory and even slipped into their futons, offering "financial incentives in exchange for sexual favors". The Vietnamese could not quit due to an outstanding loan for traveling to
According to Kyodo News (" The Tokyo Shinbun ("Despite progress, lack of discussion in the government", December 3, 2006) reported that some workers are receiving little to no wages at all. Not only are travel loans a substantial drain on their already meager wages, but also some employers are making extortionate deductions for living expenses. Cited is a case where a Chinese intern was charged 90,000 yen (from his 120,000 yen monthly salary) for air conditioning in his dorm. Ijuuren, a human rights group, was quoted as calling this "a slavery system". Kouno Taro, Diet member and a former Vice Minister of Justice, called it "a swindle" (ikasama), advocating several fundamental reforms. According to the Yomiuri Shinbun ("Foreign students in need of specialized Japanese teachers", May 22, 2007), an Education Ministry survey of 885 municipalities found that more than 20,000 NJ children--about a third of all foreign students in Japan in 2005--were not proficient enough in Japanese to follow Japanese classroom instruction. The largest language group was Portuguese (37%), then Chinese (22%), followed by Spanish (15%), with Japanese schools woefully unequipped to educate non-native speakers. The article noted the difficulty these children have finding jobs after dropping out. In Asahi Shinbun's premier column, Watashi no Shiten ("Fundamental flaw remains in education law", February 12, 2007), Tokai University's Onuki Daisuke pointed out the inability of the government to take care of the education of these imported laborers. The Fundamental Law of Education (even after its revision in December, 2006), only guarantees equal opportunity of education to citizens (kokumin). Taking advantage of this loophole, secondary schools are even refusing entry to foreign children, citing a lack of obligation and facilities. The statistics he cites are telling: Although a high percentage of ninth-grade Japanese students drop out (3.3%), "somewhere between 20 and 40 percent of Brazilian children are currently out of primary education", and this does not include "the 25 percent of children who go to expensive Brazilian private schools not officially recognized as 'schools' by the Japanese government". While ethnic schools do exist in As a result, numerous NJ children do not receive a basic education in Not surprisingly, some foreign workers have snapped. For example, the Asahi Shinbun ("Slain farm association official took fees from both Chinese trainees, farmers", What is being done? Some local governments and NGOs have been clamoring for assistance from the national government to resolve these problems. The most prominent action took place as far back as 2001, when thirteen town and city governments in
The declaration also advised that NJ children should be provided additional places (outside of school) to spend time and assimilate better with local children. It suggested this should not be limited to children, and not to local levels. The nation, prefecture, and other organizations should consider a network to strengthen financial and personal assistance for adults as well. The Hamamatsu proposals also included social security measures (shakai hoshou): That the medical insurance system be overhauled, delinking the set-package nature of the Health Insurance Plan (Kenkou Hoken) and the National Pension Plan (Nenkin), so that shorter-term residents do not fall through these safety nets; that after a suitable duration of investment, their insurance money be given back if and when they return to their home country; that the National Health Insurance (Kokumin Hoken) and the Kenkou Hoken systems be unified, or a special health plan for NJ be established; that employers be made to cover insurance costs for workers, and penalties be strengthened for those who do not; and that insurance registration be made a condition for contract employment. In cooperation with medical organizations, NPOs, NGOs, and other volunteer groups were urged to create a system to help NJ residents avail themselves of multilingual medical care and information with peace of mind. This applies to all levels: national, prefectural, and related organizations. In alien registration, it was proposed that documents be in more languages, with fewer categories to fill out, saving paperwork and increasing simplicity and convenience; that regional authorities create online registration, proxy registration and immigration procedures; NJ who exit the country often or change residency be allowed more flexible options, such as on-the-spot form submissions at departure, and that Immigration speed up its departure processing and notification procedures; with regard to human rights, that information on welfare, education, and taxation administration, as well as on regional coexistence, be made more available to the public. Further legislative measures should be taken to make it easier for NJ to stay longer in This initiative resulted in some positive policymaking, such as national government grants and loans to local municipalities. The Asahi Shinbun ("Grants eyed to help foreigners settle", However, the larger issues of employment and labor abuses are not being effectively addressed. The article noted that money was earmarked for smaller things, such as "employing assistant Japanese language teachers at elementary and junior high schools, and producing Portuguese calendars that explain how to sort garbage and show the collection days" (ibid). Moreover, it is unclear whether the measure will continue after fiscal 2007 particularly since their chief proponent, Hamamatsu Mayor Kitawaki, lost in the Although the signatories to the Hamamatsu Sengen are still meeting annually and gaining new local-government members, the national government has not been proactive. There have, however, been efforts to improve the system. After the abovementioned murder by a Chinese trainee in Chiba, former vice-minister of justice Kouno Taro headed a Ministry of Justice project team that issued a book entitled “Basic Ideas for Accepting NJ” (kongou no gaikokujin no ukeire ni kansuru kihonteki na kangaekata). The abovementioned Tokyo Shinbun article quoted the book's refreshing rhetoric: “In order to continue letting [NJ] invigorate the economy, the government should look into expanding the acceptance of foreign labor in specialized and technical fields, and debate more policies... They should be thinking of this from a new angle: How new Japanese residents from overseas are going to revitalize and reenergize The "Basic Ideas" book clearly built upon the Hamamatsu Sengen: -Make it obligatory for companies to pay foreign employees the same wages and enroll them in the same social security programs as Japanese workers. -Make Japanese language ability a requirement for even those job fields that are not classified as “specialized” or “technical”. -Make getting permanent residency (eijuuken) easier for foreigners who are contributing so much to However, "experts" quickly poured cold water on the proposal, even within the same article: “The government and industrial leaders can’t reconcile how they are going to fill in the void created by the labor shortage." In other words, how will The debate was very active in 2007. According to the Yomiuri Shinbun ( The Economics, Trade, and Industry Ministry essentially wanted to preserve the system as it is, with some closer inspection of employer certification, because the benefits of the current program both domestically (to small industries) and internationally (in terms of skill-set transfer) outweighed the externalities and labor abuses. It agreed with the labor ministry’s three-plus-two-year proposal. The Justice Ministry, notably in a memo written by Minister Nagase and leaked to Debito.org, was the most frank[11]: It recommended abolishing the trainee system entirely, putting a three-year nonrenewable system in its place, and making the NJ workers, skilled or unskilled, part of an explicit revolving-door "Guest Worker" system. Keidanren took the opposite tack: NJ workers should be brought in specifically because they do have skills: Nippon Keidanren’s basic position is that non-Japanese people should be admitted to introduce different cultural ideas and sense of values into Japanese society and corporations and to promote the creation of new added value, as this would accelerate innovation, one of the three factors implicit in a potential growth rate (the other two being labor and capital).[12] Keidanren also echoed the labor ministry and Kouno Taro in its call for assimilation, language improvement certification, more labor rights, and more stable work environments for NJ. However, all four of these parties to the current debate agreed on one thing: That NJ workers are only temporary. Said Keidanren: Japan’s population has started to decline, but Curiously, while recognizing problems associated with Zainichi vs. The New Immigrants According to the latest numbers (released Even with the onerous visa conditions described above, the number of people on temporary or limited-work visas has increased dramatically. NJ who graduated from one-year "trainees" to two-year "interns" positions leapt from 11,000 in 1999 to 41,000 in 2006[18]. The number of trainees themselves doubled between 2001 and 2006 to 68,305, and NJ workers in general now number around 770,000: 1.3% of Japan's workforce and rising while Japan's domestic population and workforce began falling from 2006[19]. However, the biggest change is in the proportion of people who are here to stay. Since the end of WWII,
Registered migrants by nationality, 1961-2005 However, the watershed news is this: The Zainichi "Oldcomers" (those with "Special Permanent Resident Visa" (tokubetsu eijuuken) status) are projected to drop below the numbers of the "Newcomers": those with "Regular Permanent Resident Visa" (ippan eijuuken) status. Let's look at the numbers[20]:
Average decrease in the Zainichi "Oldcomer" Permanent Resident population 2002-2006: -2.48%
Average increase in the "Newcomer" Permanent-Resident Immigrant population 2002-2006: +15.26% Projecting the numbers based upon the average for the past four years:
This means the people who are not here on any term-limited visa status, regular permanent residents, will surpass for the first time in history those permanent residents who were born here. And that will probably happen by the end of 2007. Moreover, at this rate, under the laws of compounding interest and statistics, the number of regular permanent residents will double once again within about five to seven years. These people are allowed to stay here forever, and are undeniably immigrants. You cannot winkle them out by simply changing the visa regime. Can anyone in the GOJ reasonably continue to argue that Thus, ARUDOU Debito is a naturalized Japanese citizen and Associate Professor at NOTES [1] The introduction to this paper is substantiated by Takeyuki Tsuda's, "Reluctant Hosts: The Future of Japan as a Country of Immigration". [2] This background was part of the focus of my Masters' of Pacific International Affairs degree in International Relations Japan, awarded 1991 by the Graduate School of International Relations and Pacific Studies, [3] See the Japan International Cooperation Agency (JICA)'s writeup on their Technical Trainee Program. [4] Tsuda paragraph 20. [5] Article available in its entirety in Japanese here. [6] See a list of papers on international migration, some dealing with [7] Please see here. [8] Please see here. [9] Even Tokyo Governor Ishihara Shintaro, a public decrier of unfettered immigration, has called for a clear policy towards immigration. See Arudou, "Taking the 'Gai' out of 'Gaijin'", Japan Times January 24, 2006, or Ishihara's news conference of December 22, 2005. [10] For more information on the Hamamatsu Sengen, please see here. [11] Please see here and page down [12] Please see here. [13] Please see here. [14] Please see here. [15] Tsuda paragraph 22 [16] Please see here. [17] Please see here. [18] "Nagase enters foreign-worker feud" The Asahi Shinbun [19] "Crack in the Door: An aging [20] Please see here. |