VYTAUTAS MAGNUS UNIVERSITY
FACULTY OF HUMANITIES
DEPARTMENT OF CULTURAL STUDIES
Julija Germanavičiūtė
JAPANESE CIVIL SOCIETY AFTER 1998: THE CASE OF NPOS FOCUSED ON INTEGRATION OF FOREIGNERS
Final Master‘s Thesis
East Asia Region Studies programme, Code 621L20007
Field of Studies: Political Science
Supervisor: Dr. Linas Didvalis ______(signature) (date)
Defended: Assoc. Prof. Dr. Rūta Eidukevičienė ______(Dean of the faculty) (signature) (date)
Kaunas, 2017 Contents
Santrauka 3
Summary 4
Introduction 5
PART I THE COMPATIBILITY OF CIVIL SOCIETY AND
MULTICULTURALISM
1.1 Different approaches to civil society 9
1.2 Shifting from homogeneity to multiculturalism 14
1.3 Political environment for NPOs and multiculturalism 17
1.4 Emerging civil society in Japan 19
PART II NON-PROFIT ORGANISATIONS AND FOREIGNERS
2.1 Facilitating domestic and international NPO network 25
2.2 The need for pro-foreign support groups 27
2.3 Relationship between Japanese civil organisations and the government 30
2.4 Multiculturalism and civil society in Japan 35
2.5 Interaction of the private sector and civil society 39
PART III JAPANESE NGOS MONITORED BY FOREIGNERS
3.1 Interaction of foreign NPOs and the government 44
3.2 Fostering cooperation between the private sector and foreign NPOs 47
3.3 Prospects to improve Japan’s civil society 49 Conclusions 52
Bibliography 54
Appendices 62
2
Santrauka
Lyginant Japonijos pilietinę visuomenę su kitų šalių visuomenėmis, skaičių bei įvairovę nevyriausybinių (toliau NVO) bei nepelno siekiančių organizacijų, akademikai pažymi, kad ji – dar tik pradinio vystymosi stadijoje. Tam turėjo įtakos Imperatoriaus kultas, iki 1947-ųjų galiojusi konstitucija bei kiti piliečius bei jų teises reglamentuojantys įstatymai. Japonijai aktyviai vystant savo kaip tarptautinės veikėjos veiklą 1980-aisiais bei 1990-aisias, kilusios diskusijos apie Japonijos pilietinę visuomenę bei įvykęs Kobės žemės drebėjimas paspartino įstatymo, skatinančio specialių nepelno siekiančių veiklų įstatymo projektą 1998 kovo 19 dieną, pasiūlymą. Jis įsigaliojo tų pačių metų gruodžio 1-ąją dieną. Nuo jo įsigaliojimo praėjo jau devyniolika metų, tačiau vis dar diskutuojama apie šio įstatymo poveikį Japonijos pilietinėje visuomenėje. Jo poveikis Japonijos nevyriausybinėms organizacijos, orientuotoms į užsieniečius bei jų integraciją vis dar mažai ištirtas. Turint omenyje, tai kad ilgus karinio nacionalizmo dešimtmečius prieš ir Antrojo Pasaulio karo metu buvo akcentuojamas Japonijos kaip „grynos“ tautos vienodumas, svarbu išsiaiškinti, ar 1998- ųjų įstatymas turėjo įtakos NVO bei nepelno siekiančių, į užsieniečius orientuotų, organizacijų veiklai. Šiuo metu Japonijoje yra užregistruota daugiau nei 52 tūkst. NVO bei nepelno siekiančių organizacijų. Tik mažiau nei tūkstantis iš jų turi oficialųjį statusą, įgalinantį mokesčių lengvatas. Sveikintina, kad įstatymas pašalino iki tol buvusias esmines biurokratines kliūtis. Tačiau po beveik dvidešimties metų, NVO organizacijų vadovai teigia, kad įstatymas – nepakankamas žingsnis vystant bei plečiant Japonijos pilietinę visuomenę. Šio darbo tikslas – išsiaiškinti, ar įstatymas turėjo įtakos minėtų organizacijų veiklai bei įvardinti dabartinius iššūkius, su kuriomis susiduria NVO organizacijos. Šiam tikslui buvo pasitelkta 21 organizacijų veiklos analizė. 21 organizacijų atstovams bei 1 asmeniui, dirbančiajam NPO sektoriuje, buvo išsiųsti 3-12 klausimų klausimynai elektroniniu paštu bei naudojantis „Facebook“ socialiniu tinklu. 9 iš minėtųjų organizacijų atsakė, 6 iš jų dėl narių bei laiko stygiaus atsisakė atsakyti į klausimus. 5 organizacijos neatsakė į užklausas. Tyrimo pabaigoje išaiškėjo, kad oficialus pripažinimas suteikė daugiau autoritetingumo minėtoms organizacijoms. Dėl to, kai kurioms organizacijoms pavyko pritraukti daugiau finansinių rėmėjų bei užmegzti ryšius su kitomis NVO ar valstybinėmis institucijomis. Įskaitant tai, kad Japonijos visuomenėje pasitikėjimas NVO yra žemas, toks veiksnys yra ypač svarbus. Užsieniečius remiančios NVO susiduria su tomis pačiomis problemomis kaip ir kitos nepelno siekiančios organizacijos: finansavimu bei narių trūkumu. Medicininės pagalbos tipo NVO jaunų narių stygius yra ypač jaučiamas. Priklausomai nuo vykdomos organizacijos veiklos, kai kurie užsieniečiai, įkūrę ne pelno siekiančias organizacijas, yra diskriminuojami.
3
Germanavičiūtė, J. Japanese Civil Society After 1998: the Case of NPOs Focused on Integration of Foreigners, Master Thesis in East Asia region studies/ supervisor PhD L. Didvalis; Vytautas Magnus University, Faculty of Humanities, Department of Cultural Studies, Kaunas, 2017, 59 p. Summary
In contrast to Japan‘s advancement in technologies, its civil society is far from mature. Researchers note that, in this regard, Japan is still at an early stage. Due to several significant factors: Japan‘s active role as an international player in the 1980s and 1990s, domestic corruption scandals, Kobe earthquake, public and media discontent and statements of political activists, the Law to Promote Special Non-Profit Activities was introduced on March 19th, 1998. It came into effect on December 1st, e.a. It created favourable legal environment for new non-profit (hereinafter NPO) and non-governmental (hereinafter NGO) organisations. Its importance on civil associations has remained a topic of debate. However, its impact on pro-foreigner Japanese civil associations has been scarcely analysed. After the enactment of three additional NPO-supportive legislations in 2008, the object of the research has gained more importance. In contrast to other samples of developed civil society, such as the US, Canada, and Germany, Japan’ state of civil society has remained the object of academic research. Multicultural civil society is contradicted to a homogeneous nation. Japan has been accused for being the latter, though it strives to become the former. Occasional statements advocating the superiority of the homogenous Japanese nation are contrasted to the number and diversity of Japanese civil associations. Currently, there are more than 52 000 civil associations registered. Nonetheless, only less than 1000 of them have the status of a certified NPO. In order to discover whether the 1998 NPO Law has had any contribution to pro-foreign NGOs and NPOs, 21 organisations and 1 NGO consultant were sent questionnaires containing 3 to 12 questions via email and “Facebook” social network. 9 out of total 21 responded. Due to the lack of time and human resources, 6 organisations refused to answer to the questions, 5 organisations did not present any response. After analysing the financial rand activity reports and the answers of the respondents, the following findings have been presented. The 1998 law had hardly any significant effect on the mentioned organisations. However, the status of an officially approved organisation (nintei status) raises the overall reputation. Such factor is of significant importance since NGOs and NPOs have low authority among government institutions and the population. The status earns more social trust which can result in attracting financial donors. Pro-foreign civil associations face mainly two challenges: insufficient human resources and unstable funding. Medical NGOs emphasise the lack of young members. Foreigners, who establish NPOs in Japan, rarely encounter additional discrimination for their nationality. Discrimination by the governmental authorities seems to depend on the activities of such NPO.
4
INTRODUCTION
In the modern world, the term ‘civil society’ conveys the totality of diverse non- governmental (NGO) and non-profit (NPO) organisations. Due to industrialisation, modernisation, and democratisation processes, civil society has a unique form of expression in different countries. The Unites States, Canada, and certain European countries (the Netherlands, the UK, Germany, and France) with longer history of democracy may be praised for a variety and significantly higher number of civil associations. In this regard, Japan falls under the category of ‘developing countries’1. The former, Meiji Constitution, defined citizens as the inferior entity subjected to the divine authority of the Emperor. Therefore, it is one of the factors which resulted in slow transcendence from minzoku (民族; ethnic nation) to society, shakai (社会), constituted of self-conscious individuals. Only in the 1960s, due to rapid modernisation and, therefore, rapid pollution, the foundation for civic groups was laid. The end of the Cold War, internationalisation, as well as globalisation, and Japan’s foreign affairs policy forced the population and civil activists to search for new approaches. Additionally, quick mobilisation of civilians after the Kobe earthquake revealed the potential of the Japanese civil society. One of the key obstacles for civil society in Japan to flourish was the absence of legislation regulating non-governmental organisations. Long bureaucratic processing and strict requirements deprived a high number of civil organisations of receiving nintei (認定) status, the status of a certified NPO. Finally, in 1998, the Law to Promote Specified Non-Profit activities was enacted. Since then, a surge of civil associations has been recorded. Nonetheless, some evident limitations remain. Supposedly, the act should have permitted more legal and organizational freedom for such associations as Asian People’s Friendship Society (APFS), which advocate multicultural society and foreigners’ integration into the society. In contrast to promoted foreign policy and Japan’s involvement in the provision of Official Development Assistance (ODA), similar domestic foreigners-oriented associations receive poorer support. Furthermore, NGO founding members emphasise that negative attitude towards civil associations which prevents these organisations from improving and expanding their network. Japan’s NPOs still poorly cooperate with governmental institutions. What challenges do these organisations face after the enactment of the NPO Law? These questions need to be answered in order to understand whether Japan has progressed in transforming into civic multicultural society.
1 Wataru Ozawa, “‘Comparative Study on Volunteerism of the Youth in Japan, Korea and Canada : Focusing on the Function of Mandatory Volunteer Program,’” in 9th International Conference (International Society for Third-Sector Research, Istanbul, 2010), 127. 5
The object. Non-governmental and non-profit organisations supporting foreigners are the main object of this work. The distinction between them should be noted. NPOs, in a sense that they are non-profit organisations, which can cooperate with governmental organisations and the private sector for nurturing culture, commerce or research, have been chosen. NGOs reflect organisations, which are comprised from ordinary members who often focus on improving the commonwealth of a community or entire society, but operate independently or in the opposition of governmental institutions. Foreigners in Japan comprise slightly more than 2% (over 2 million registered foreign nationals in 2016). Regulations of the immigration system and ambiguities in the Nationality Law cause integration troubles for foreign national, who have been born in Japan but to non-Japanese parents, and foreign workers. Therefore, foreign-support civil associations, NGOs and NGOs, will be the object of the analysis. Moreover, regarding Japan’s commitment to engage more in international relations and attempts to shift to civil society, foreign-support organisations, with foreign nationals as chief executives, will be analysed as well. Motivation. Taking into account the fact that the Japanese have been labelled as an ethnic and homogenous nation in the first half of the previous century, modern society, operating under the mechanism of democracy, is worth interest. Occasionally reverberating nationalistic sentiments among politicians and anti-foreign social movements, known as zaitokukai, contradict Japan’s promoted willingness to participate actively in international politics and environment. On the other hand, the NPO law and emerging new civil associations, including foreign-support organisations and social movements reveal the gradual shift to civil society. Only in the 1990s, an increase media articles and academic publications, regarding the topic, were published. Interestingly, in relation to already written works and conducted analysis by famous Japanese civil society researchers, Koichi Hasegawa, Robert Pekkanen, Yutaka Tsujinaka, and Andrew Avenell, it is necessary to discover whether Japan has progressed in becoming a multicultural civic nation. Methods. Qualitative analysis, involving descriptive-analytic, document analysis method and questionnaires, was performed. In the first part the contribution of academic researchers presented an insight to the development of the concepts of civil society and multiculturalism. Furthermore, in order to discover whether the law had effect on pro-foreign NPOs and NGOs, questionnaires to the representatives of non-governmental organisations were given. 3 to 12 questions were sent to the representatives of NPOs and NGOs via email or social network “Facebook.” Consequently, the analysis and results are limited due to the lack of information on certain topics in English and because of personal inability to fully comprehend the data provided in the Japanese language. Structure. Introduction, three pain parts, and conclusions constitute the thesis. In the first, theoretical introduction, the concepts of civil society and multiculturalism are presented. The
6 second part analyses the relations between the Japanese civil society, the government and the business sector. For that purpose, the samples of Japanese NGOs and NPOs are discussed. Their encountered challenges are enumerated. In the final part, the same relations are analysed, but the civil associations established by foreigners are analysed. The findings are presented in the conclusions. The aim of this work is to identify what challenges and obstacles pro-foreign non- governmental and non-profit organisations encounter after the implementation of the NPO law in 1998. The tasks are as follows: 1) to briefly present the development and relevance of civil society and multiculturalism concepts 2) to identify the pro-foreign civil organisations and the challenges faced since 1998 3) to discover NPOs established by foreigners and enumerate the issues affecting their organisational activities Literary survey A rise on the academic discussions and articles about civil society had been recorded in the 1990s. The debate about the Japanese progress in developing civil society was one of the catalyst factors of the enactment of the NPO law. The key researchers in this field are Koichi Hasegawa, Robert Pekkanen, Apichai W. Shipper, Yutaka Tsujinaka, and Simon A. Avenell. The former, Koichi Hasegawa, extensively reviewed the rise of sociology in Japan. His main focus laid on the environmental and social movements. Due to the earthquakes, which inflicted great damage, and industrial pollution environmental groups were fist civil associations. Even though environmental protests did not affect the government’s decision to continue nuclear- dependent projects, they were first international recognition.23 He also distinguished that there are single-use and well-incorporated associations which help raise public awareness about the necessity of participation in such sphere.4 Such division results due to the presence or absence of clearly defined policies and set goals. Apichai W. Shipper has found that the government did not interfere with the activities of the ethnic or foreign-support organisations. Highly ideological associations prefer not to gain corporate status in fear to lose their independence. 5 Smaller civil associations closely cooperate with local government. Moreover, they provide legal and medical consultations. Christian NGOs, lawyer NGOs, and labour unions help overstayed workers solve disputes. 6 In his findings, he
2 Koichi Hasegawa, Constructing Civil Society in Japan: Voices of Environmental Movements, vol. 3, Stratification and Inequality Series (Melbourne: Trans Pacific Press, 2004), 146. 3 Ibid., 3:260. 4 Ibid., 3:259. 5 Apichai W Shipper, “Foreigners and Civil Society in Japan,” Pacific Affairs, Summer 2006, 280. 6 Ibid., 281. 7 concluded that the NPO law had a positive impact mainly on bigger associations.7 Wataru Ozawa in his conducted survey from 2001 to 2011 claimed that the mandatory volunteer program, implemented in 2000 in schools, had increased the numbers of volunteers. In comparison with other countries of the experiment, a strong disagreement towards this program remained among 56.7%8 university students in 2011. Due to the program, there were higher numbers of volunteers among high school students9, though lower number of volunteers of the working age in contrast to 1996 International exchange and cooperation served as the main reasons for participating in the international activities in contrast to the support of NGOs, arts and culture and child care.10 Robert Pekkanen revealed that smaller NGOs are more independent than bigger associations though the latter receive bigger financial donations and governmental subsidies. 11 Bureaucracy and big businesses wield more power in relation to the organisational freedom of civil associations. The findings revealed that the Japanese people regard foreign governments and international NGOs more powerful and significant than domestic non-profit and non-governmental organisations.12 On the contrary, Makoto Imada sees a great potential in civil organisations as business and corporations find more channels for cooperation. Due to the employment problems and lack in labour force, civil associations provide valuable insight on social and environmental issues.13 They can help in finding personnel as well. Voluntary groups play a significant role in encouraging citizens to engage in social life; they also operate as public service providers for local governments.14 Research on civil society evokes continuous interest among the academic community. However, most of the works on Japan’s civil society have been written in the 2000s. Taking into account, Japan current economic situation and demographic issues, new approaches towards Japan’s civil society should be applied.
7 Ibid. 8 Ozawa, “‘Comparative Study on Volunteerism of the Youth in Japan, Korea and Canada : Focusing on the Function of Mandatory Volunteer Program,’” 133. 9 Ibid., 127. 10 Ibid., 130. 11 Robert Pekkanen, “Molding Japanese Civil Society: State-Structured Incentives and the Patterning of Civil Society,” in The State of Civil Society in Japan (Cambridge University Press, 2003), 133. 12 Yutaka Tsujinaka and Robert Pekkanen, “Civil Society and Interest Groups in Contemporary Japan,” Pacific Affairs, 2007, 437. 13 Makoto Imada, “Civil Society in Japan: Democracy, Voluntary Action, and Philanthropy,” in Civic Engagement in Contemporary Japan. Established and Emerging Repertoires, ed. Henk Vinken et al., 2010th Edition, Nonprofit and Civil Society Studies (New York, London, Dordrecht, Heidelberg: Springer, 2010), 30. 14 Ibid. 8
PART I THE COMPATIBILITY OF CIVIL SOCIETY AND MULTICULTURALISM
Civil society is perceived as the community of citizens which indulge in volunteer activities. It also suggests the totality of civil associations and non-profit organisations. Civil society is inseparable from democracy, however, it may emerge in an authoritarian country as well. Many theorists such as Immanuel Kant, John Locke, Robert Putnam, or Michael Edwards, tried to define the boundaries of what civil society reflects and how much power it can possess in relation to a state’s authority. Furthermore, theorists agree that multicultural diversity is inseparable from the concept. However, how should the needs of hundred ethnic groups be satisfied simultaneously? Where is the line between civic disobedience and state’s despotism? Should civil associations remain the antithesis to state’s authority? Can the private sector and civil society pursue common goals? These questions remain the constant topic of debate for civil society researchers. 1.1 Different approaches to civil society
According to the World Bank, civil society is defined as the entity of
‘non-governmental and not-for-profit organisations that have a presence in public life, expressing the interests and values of their members or others, based on ethical, cultural, political, scientific, religious or philanthropic considerations. Civil Society Organisations (CSOs) therefore refer to a wide array of organisations: community groups, non-governmental organisations (NGOs), labor unions, indigenous groups, charitable organisations, faith-based organisations, professional associations, and foundations.’15
Researcher Jon Keane defines civil society as an ideal-typical category that describes and envisages complex and dynamic ensemble of legally protected non-governmental institutions that tend to be non-violent, self-organizing, self-reflexive, and permanently in tension with each other and with the state institutions that ‘frame’ and construct and enable their activities. 16 Civil society before the 20th c. The Enlightenment period marked the era of a rational idea and discovery. Changing perceptions, social order and political order drew attention to the idea of civil society. Specifically, the collapse of former social structures and, commercial crisis (the commercialization of land, labour, and capital), the rise of market economies affected the process. North American continental
15 “Civil Society - Defining Civil Society,” accessed September 24, 2016, http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/CSO/0,,contentMDK:20101499~menuPK:244752~pagePK: 220503~piPK:220476~theSitePK:228717,00.html. 16 John Keane, Civil Society: Old Images, New Visions (Oxford: Stanford University Press, 1999), 6. 9 revolutions were the major factors encouraging intellectuals to find new approaches and society construction models.17 Alexis de Tocqueville’s ideas, XIX c. philosopher of liberalism, triggered discussions about civil society. In his work, Democracy in America, he stated that ‘Americans of all ages, all stations in life, and all types of disposition, are forever forming associations.’18 Such statement sparked the debate about the purpose of civil society. Conservatives perceived civil associations as the means to rebuild traditional values, progressives – to reconstruct the entire society.19 Max Weber noted in his work that civil society should not be comprehended as the ‘magic bullet’ which instantly solves social, political, and economic problems.20 Conditions for forming such society have remained to be the object of research. Different branches of Tocquevillian researchers evolved continuing research on civil society.21 Alexis de Tocqueville was convinced that the healthy cooperation between civil associations and the state would contribute to the prosperity of democracy. Among the famous philosophers, whose merits for the evolution of the notion cannot be ignored, are John Locke and Immanuel Kant. The former perceived the civil society as a set of political associations which shift from the ‘state of nature’ to the commonwealth. In these political associations solutions are found on the basis of commonwealth and consent.22 They act on the basis of ‘perfect freedom’23. The latter philosopher, Immanuel Kant, specified the separation of civil society and the government.24 He continued the thought of Scottish Enlightenment thinkers that freedom and equality stand as key edifices of an individual, and therefore, society. 25 The key features of civil society lie in the government accountability, a market economy, free and voluntary political, social and economic organisations, and open and free public debate .26 Civil society has been seen as the mixture of secondary and ideal factors or two connotations: ‘the association in the character of a civil association and an association as enterprise’ 27. The author explains the former as the entity where members can follow universalistic rules with their egoistic interests in mind. ‘Association of enterprise’ requires personal contribution to achieve a clearly-
17 Adam B Seligman, The Idea of Civil Society (New York: Free Press, 1992), 15. 18 Robert Putnam, Making Democracy Work. Civic Traditions in Modern Italy (Princeton University Press, 1993), 89. 19 Michael Edwards, Civil Society, 1st edition (Oxford: Polity Press, 2004), 19. 20 cited by Luther Adams 1986: 160 Ibid. 21 Pawel Zaleski, “Tocqueville on Civilian Society. A Romantic Vision of the Dichotomic Structure of Social Reality,” in Archiv Für Begriffsgeschichte 50, 2008, 260. 22 John Locke, Locke: Two Treatises of Government, ed. Peter Laslett, 2nd edition, Cambridge Texts in the History of Political Thought (Cambridge: Cambridge University Press, 1988), 91. 23 Ibid., 92. 24 Seligman, The Idea of Civil Society, 22. 25 Ibid., 42. 26 Victor Perez Diaz, “The Possibility of Civil Society, Traditions, Character and Challenges,” in Civil Society: Theory, History, Comparison, ed. John R. Hall, 1st edition (Polity Press, 1995), 81. 27 Michael Oakeshott, On Human Conduct, Clarendon Paperbacks (Oxford: Clarendon Press, 1990), 185. 10 defined goal. However, it demands complete devotion from the members. 28 Some researchers see civil society as the analog of “bourgeois society’, where the key mechanism is a market economy. In such case, the individuals are keen on contributing to overall well-being only as long the process complements with their self-interest.29 Engel Marx and Georg Wilhelm Friedrich Hegel regarded the civil society as the market mechanism.30 Karl Marx perceived such community as the path towards the chaos when the society is disrupted due to the competition of individuals to gain personal profit.31 Throughout centuries, philosophers referred to the natural law as the basis for a proper society. They attempted to find legality and morality within civil society. Market economies facilitated the development of the social thought. Likewise, Hegel and Marx despised market relations in civil society and questioned its legitimacy and morality.32 For Hegel, mutuality and reciprocal recognition performed the role of the unifying factors for a proper civil society. 33 The opposite camp sees civil society comprised of voluntary organisations. They are driven by the need to confirm their identities as the players of the society, to pursue personal interests. The issue whether the state has a more superior role over the civil society or vice versa has been the topic of debate among the scholars for a couple of centuries. The state and the civil society has been opposed for a couple of centuries already. 34 Robert Putnam and other neo-Tocquevillian scholars agree that civil associations might have an effect on the political life (through voting or participation as interest groups) but such assumption still needs evidence. 35 In the midst of searching for a proper definition, what is civil society, naturally, the question arises what is good civil society. Neo-Tocquevillian intellectuals define it as the society where civil associations flourish;36 the society where the decisions of voluntary associations are not affected by the state and bureaucracy interests37.38 There is also drawn emphasis that civil associations do not always reflect a strong society which is civil. Specifically, the society which is civil executes its right of free speech freely and aim for the goals set for the common welfare. Ernest Gellner defines civil society as the compilation of various non-governmental associations, which are capable of balancing the role of a state, and at the same time not interfering
28 Ibid., 144. 29 Habermas in Diaz, “The Possibility of Civil Society, Traditions, Character and Challenges,” 98. 30 Sclomo Avineri on Hegel in Krishan Kumar, “Civil Society: An Inquiry into the Usefulness of an Historical Term,” The British Journal of Sociology, September 1993, 379. 31 Ibid. 32 Seligman, The Idea of Civil Society, 45, 46. 33 Ibid., 47. 34 Edwards, Civil Society, 24. 35 Michael W. Foley and Bob Edwards, “The Paradox of Civil Society,” Journal of Democracy, 1996, 42. 36 Edwards, Civil Society, 41. 37Bell in Seligman, The Idea of Civil Society, 2. 38 Edwards, Civil Society, 41. 11 with its function to maintain the general wellbeing of the society. 39 It is noted, that in the modern world, rarely governments behave as despotic entities.40 However, such definition also triggers implications that civil society is the opponent to a despotic government. Naturally, a need to ‘free’ the society arises. Local governments may obtain respective independence which may easily deviate to civic disobedience. Consequently, the question how much freedom should be given for civil society to act has been of interest. Constraints or limitations on these organisations may instantly question the status of the political system as well. Thus, civil society, with the possibilities to deviate to anarchic movements, might be regarded as opposing factors to state-centrism. 41 Martin defines civil disobedience as an act of civil society, but he distinguishes between non-revolutionary and revolutionary.42 He also puts emphasis on the difference between the violation of a law and civil disobedience. In other words, he puts it as ‘the deliberate and public violation of the command of an authorized and accepted political superiority on the ground that this decree is unjust, immoral, unconstitutional, contrary to good public policy (…)’43. But as he further moves on analysing the concept, the question emerges when civil disobedience can be justified. Social movements may act as the driving force for the democratization as well as to the opposite direction. They fall in between the civil society and the civil disobedience. Though the act to engage in civil disobedience activities falls outside the boundaries of the institutionalism, it does not violate the essence of civil society. 44 However, civil disobedience reflects the lively aspect of an ever-evolving civil society. Social movements might not always be non-violent and this contradicts to Keane’s definition of the civil society. On the other hand, it complements the idea of the society which is ‘civil’ and able to operate outside the limitations of a state. At the time, civil disobedience might be targeted the democratization of the state institutions. 45 It measures the flexibility and the vitality of both, democracy and of liberalism. It conveys the political dimensions of civil society and the normalcy of social movements. 46 Throughout the development of the concept, civil society has been contrasted to the vile and corrupted elite. The tumultuous events of the 20th c., such as WWII, the rapid industrialisation and globalization made a significant impact on the development of the notion. The era of welfare
39 Ernest Gellner, “The Importance of Being Modular,” in Civil Society: Theory, History, Comparison, ed. John R. Hall, 1st edition (Polity Press, 1995), 33. 40 Ibid. 41 Scott Turner, “Global Civil Society, Anarchy and Governance: Assessing an Emerging Paradigm,” Journal of Peace Research, January 1998, 27. 42 Rex Martin, “Civil Disobedience,” Ethics, January 1970, 125. 43 Ibid., 126. 44 Jean L. Cohen and Andrew Arato, Civil Society and Political Theory, Studies in Contemporary German Social Thought (Massachusetts: MIT Press, 1994), 566. 45 Ibid., 602. 46 Ibid., 604. 12 and prosperity, state-based solutions in the North America during 1945-1970s, and market-oriented reforms 1970s up to 1990 resulted in too much state intervention. 47 The latter and public over- reliance on the market triggered the formation of the need to reapproach the relation between the state and the society. It accelerated the idea to combine the close cooperation between three sectors: public, private, and civic. This cooperation was expected to solve economic and social issues. One of the examples illustrating civil society as associational life is the fall of the Berlin Wall in 1989. One of the recent cases, the public discontent over South Korea’s president Park Geun-hye which led to the impeachment, also supports the concept. Civil society relates to the notion of ethnic nation, but functions as its antithesis. Max Weber defines a nation as the community of sentiment which is able to fully self-realize only in the state which it aims to form.48 A nation is to evolve where the members’ consent of common recognition is differentiating them from the others. 49 In contrast, civil society is perceived as the product of civilisation. Intellectuals, Ferguson, Hutcheson, Smith, Millar, Hume, contrast civilised civil society to barbarous society.50 Thus, it suggests that such society is not only educated but well- mannered as well. Civil society has been analysed from different perspectives of state countries. Scotland, Germany, and France are not only diverse samples of nation-states but civil society as well. In France, jus soli, where dual citizenships are permitted, has more significance rather than jus sanguine. The country is willing to grant citizenship to a child born in their territory, regardless of the nationality of his parents. The ideas of French Revolution united the nation and gave the shape of civil society. The case of the French is contradictory to Germany, where the nation (the Volk) has a more significance rather than a multinational society with de jure affiliations to other countries. The key characteristic of the civil society is the acceptance of diversity. 51 It does not require inclusion or exclusion as the nation demands for. On the other hand, civil society which might be regarded as the product of globalization, promotes universal values, without exalting anyone and providing exceptionality. Therefore, such artificially created society may not be as attractive as a unique nation. Consequently, the concept of such society may be alienating for some nation-states. Defining civil and uncivil economy, researcher Richard Rose claims that democracy creates favourable conditions for civil society. Non-governmental associations should be allowed freely to pursue their goals. He discussed such notion in the context of revolutionary movements in
47 Edwards, Civil Society, 6. 48 Weber 1978 in Christopher Bryant, “Civic Nation, Civil Society, Civil Religion,” in Civil Society: Theory, History, Comparison, ed. John R. Hall, 1st edition (Polity Press, 1995), 137. 49 Ibid. 50 Ibid., 143. 51 Ibid., 147. 13 the Eastern Europe which reverberated in the 1990s.52 Elaborating on it, the very revolutions which led to the collapse of former political systems, imply that in authoritarian states, civil society may invoke democratization movements. Such statement can be illustrated with the example of the student civic movements occurred against the state in South Korea in 1980 (Gwangju Uprising incident). The state and the civil society has been opposed for a couple of centuries already.53 Robert Putnam and other neo-Tocquevillian scholars agree that civil associations might have an effect on the political life (through voting or participating as interest groups) but such assumption still needs evidence. 54 In the midst of searching for a proper definition, what is civil society, naturally, the question arises what is good civil society. Neo-Tocquevillian intellectuals define it as the society where civil associations flourish55; the society where the decisions of voluntary associations are not affected by the state and bureaucracy interests. 56 57 There is also drawn emphasis that civil associations do not always reflect strong society which is civil. Specifically, the society which is civil executes their right of free speech freely and aims for the goals set for the common welfare. Discussing civil society, Robert Putnam’s contribution should be noted. He was convinced that civil associations create social capital which breeds success. Therefore, the preconditions are laid for successful civil society.58 The success is perceived as a close relation between the different institutions of the society, both private and non-profit. 59 Naturally, the question arises whether such cooperation advances toward a common goal.60 Though the maintenance of common aspirations and goals between the market and the civil society is rather contentious and might be temporal, however, markets are in need of the civil society while civil society requires markets to survive. 61 As multiple cases revealed, voluntary associations rarely achieved significant changes in the social and political life alone. The synergy of private, political and state actors is the answer to good civil society. 62 1.2 Shifting from homogeneity to multiculturalism Multiculturalism and multinationalism are integral parts of ‘good civil society’. Therefore, it would be a mistake to discuss civil society without paying attention to these phenomena. Nationalist sentiments did not die out in modern society. However, the internationalization and
52 Rose 1992 in Ibid., 148. 53 Edwards, Civil Society, 24. 54 Foley and Edwards, “The Paradox of Civil Society,” 42. 55 Edwards, Civil Society, 41. 56Bell in Seligman, The Idea of Civil Society, 2. 57 Edwards, Civil Society, 41. 58 Ibid., 36. 59 Ibid., 53. 60 Ibid., 50. 61 Ibid. 62 Ibid., 52. 14 globalization forced nation-states to reconsider the relation between ‘us’ and ‘them’: themselves and foreign national minorities. It should be noted that multiculturalism has developed as a branch of liberalism. Therefore, the latter is closely associated with moral monism. It conveys the idea that only one form of life matters and others, which do not comply with certain specifications, are inferior. 63 Greek monists (Plato, Aristotle) labelled human beings as superior as they all shared common virtue: rationality. Subduing irrational emotions and desires was thought to be characteristic to an individual who is closest to the concept of an ideal man. Such perception did not bother to develop theories of Greek’ superiority over Egyptians or Phoenicians. 64 Needless to say, slaves, men, and women from the lowest social class did not qualify for the position of respectful human beings. Later on, Greek Monism was followed by Christian Monism. Throughout its development, it attracted people for its proposed idea of equality. Regardless of a social class, nationality, gender, the idea of equality became central. Yet again, this universalism was only advocated within the community of Christians. However, certain Christian philosophers were convinced that plurality should be fostered as it is the result of God’s will.65 Throughout the development of this religion, authorities drew a strict line between Christians and non-Christians. Confessors of other religions or simply freethinkers were treated in a way contradicting the promoted truths of Christianity. 66 Political and social changes in the Old Continent led to the emergence of liberalism. It combined the key elements from Greek rationality and universalism from Christianity. 67 Due to such factors as the modern state, colonialism, and nation-states, liberalists actively participated in the debates and engaged in the development of a more ‘civilised’ society. 68 Multiculturalism and multinationalism have been gaining shape in domestic politics of numerous world states. While certain European countries, such as the Great Britain, France, Germany, and the US have adapted several policies oriented to creating favourable living conditions for minorities, other countries still struggle redefining their identity. The process of a multiculturalist approach is most evident in the Unites States, where the globalization has started long before than in the old continent. National minorities have started to receive more attention in the last decades of the 20th century. 69 In the European region, the ideas of ethnic nation reached their peak in the 1990s. It accelerated the fall of communism.70 Naturally, ethnic identity inevitably
63 Bhikhu Parekh, Rethinking Multiculturalism: Cultural Diversity and Political Theory, 2nd edition (Hampshire: Harvard University Press, 2002), 16. 64 Ibid., 20. 65 Ibid., 23. 66 Ibid., 28. 67 Ibid., 35. 68 Ibid., 34. 69 Will Kymlicka, Politics in the Vernacular: Nationalism, Multiculturalism, and Citizenship, 1st edition (Oxford University, 2001), 15. 70 Ibid. 15 emphasized the necessity to address national minorities. The author distinguishes three stages in the process of approaching minorities as part of the society. Pre-1989 period focused on the debate of liberals (‘individuals’) and communitarians. Naturally, the former were convinced that the importance of a community is relevant as long as the wellbeing of constituent parts – members – is fulfilled. If the values of the community dissynchronise with their personal ones, there is no need to comply with the rules of such society. 71 Such preference to individuality and autonomy may result in the collapse of the community. 72 Likewise, the debate has shifted to the question whether minorities fit in the liberal framework in a democratic state. Members of the minorities agree that there must be a certain liberal approach from the majority of their society to their specific culture, recognition of their language, practices, and identity. Nonetheless, proper tolerance and recognition can be hardly measured and the debate where is the balance between the cohesiveness of ethnic majority and diverse minorities has been a topic of debate. To confront the advocates of minorities’ right, a good ‘minority’ community should be distinguished from the ‘bad’ one. 73 Certainly, such task might be too challenging and encounter criticism from various society activists. Finally, the next stage addresses the question where minorities stand in the process of the nation-building. In this stage, a state usually distances from the responsibility of facing the issue of minorities’ incorporation; it regards this matter as one of the democratic ‘freedoms’ and prefers retaining ‘neutral’ position74. The US case illustrates the model of constructing ‘civil society’ comprised of different nationalities without excluding one particular. On the contrary, ethnic nations focus on reconstructing one particular ethnic group.75 The question of incorporation, balancing diversity and not deviating to cosmopolitanism, has triggered fierce discussions. Even if multiculturalism is perceived to be a feature of liberalism and democracy, Bonnie Honig is convinced that accepting diversity inevitable corrupts the moral haven called ‘home’ and leads to conflict and disorder 76. 1.3 Political environment for NPOs and multiculturalism The role of a state is crucial in providing liberties or limiting them for cultural minorities. There have been two opposing camps debating on the role of a government in addressing cultural minorities. Proceduralists are convinced that the state should be neutral and permit cultural diversity. Yet again, such tolerance may lead to civil disobedience and chaos. The practices of some cultural minorities may as well violate the liberties and rights of other groups. Encouraging polygamy, slavery, incest, racial discrimination and similar issues may result in the moral
71 Ibid., 18, 19. 72 Ibid. 73 Ibid., 22. 74 Walzer in Ibid., 21. 75 Phaff 1993 in Ibid., 22. 76 Honig 1996 in J. Nicholas Entrikin, “Democratic Place-Making and Multiculturalism,” Geografiska Annaler. Series B, Human Geography, 2002, 20. 16 degradation and destruction of an entire community.77 Likewise, there is no country which would be tolerant to all multicultural groups as, eventually, it might target the foundation of liberalism. On the contrary, civic assimilationists are convinced that smaller cultural groups should succumb to norms and practices to the dominant part of the society.78 To what extent cultural minorities should follow the predetermined rules? What does guarantee that these groups would not lose their cultural identities? Contradicting the definitions of ‘we’ and ‘they’ creates a new dilemma. 79 The very question arises how is multiculturalism maintained? These challenges have remained throughout decades and encouraged proponents to look for balance. Ethnic associations have an impact on maintaining multiculturalism, but at the same time, they assist the incorporation into the society. John Norris notes that immigrants originating from more traditional home societies tend to address ethnic associations for help. 80 These associations are founded for the purpose of mutual aid. Naturally, self-sustaining immigrants with bigger financial resources do not address these associations. Intellectuals also restrain from engaging in the activities of such associations. Likewise, middle-class members and older citizens participate in the organisations. 81 Moreover, only bigger ethnic associations might have more freedom to act while smaller associations are encouraged to merge with the majority. 82 Interestingly, even when ethnic associations increase in number, due to economic advancement of the majority, affecting the economic and social environment, they become more oriented at being the part of a ‘modern society’ 83. In relation to fostering multicultural modern society, liberal citizenship should be encouraged. Civility does not only mean compliance with the law and non-interference with the others, but it fosters non-discrimination and acceptance of diverse cultural minorities.84 Likewise, Will Kymlicka asserts the importance of teaching citizenship in schools. 85 Merilyn Edelstein emphasises a key challenge: how should the population be educated about several cultures without homogenising or exalting them? How must both, the students of the dominant culture and teachers originating from cultural minorities, be educated to achieve expected results86? One of the possible solutions would be ‘single group studies’ proposed by Slater. 87 Specifically, such studies would focus on race or ethnicity. In the United States, Asian American might be the model for educating
77 Parekh, Rethinking Multiculturalism: Cultural Diversity and Political Theory, 201. 78 Ibid., 203. 79 Ibid., 204. 80 John Norris, “Strangers Entertained: A History of the Ethnic Groups of British Columbia,” in Immigration and the Rise of Multiculturalism. Issues in the Canadian History (Torronto: Copp Clark Publishing, 1975), 167. 81 Ibid., 169. 82 Ibid., 168. 83 Ibid. 84 Kymlicka, Politics in the Vernacular: Nationalism, Multiculturalism, and Citizenship, 299. 85 Ibid. 86 Marilyn Edelstein, “Multiculturalisms Past, Present, and Future,” College English, 2005, 15. 87 Ibid., 33. 17 multiculturalism. However, teachers admit that the factors of language, age and disability serve as the challenging matter.88 On the other hand, fostering multiculturalism from the perspective of Asian identity in the Asian region might remind the aggression and ideology pursued by the Empire of Japan in the first half of the 20th c. In relation to this, similar talks about common Asian identity are traced in the speeches of contemporary Japanese politicians. 89 One of the options teaching multiculturalism is the perspective of ‘contact zone’. Teaching the culture and history both of the dominant and oppressed groups, both, white teachers and students of colour, and vice versa, would inevitably make the participants reconsider the relations between the group, sameness and difference. Multicultural and social reconstructionist education would force the coalition among the dominant and oppressed groups and foster their social skills.90Strong multiculturalism includes the acknowledgment of past dominance, resistance, oppression, marginalization, and recurrences of survival in relation to the dominant group or nation. 91 When fostering multiculturalism, the economic factor is important. Economic inequality may interfere with the construction of flexible and vivid society. The poorer economic status of cultural and ethnic minorities only supports the dominance of the majority. In overall, such discrimination affects the economic well-being of the entire state and has a long-term negative impact on the economic growth. 92 Furthermore, economic inequality of minority groups creates favourable conditions for protest and conflict. The emergence of multinational enterprises (MNEs) is considered to be the outcome of globalization. Lesser restrictions on tariffs, foreign direct investment, establishment of free trade zones have contributed to the network of multinationalism. The agreement of common industrial policies is noted to have a significant relevance to MNEs 93. The 1950s saw a significant surge of MNEs in Europe, North America, and Asia Pacific.94 A greater number of multinational enterprises were established in developed countries. Knowledge, which is not only a ‘natural monopoly but is crucial in fostering mutual relations between the seller and the buyer and leading to the successful economic cooperation. 95 Therefore, social equality might contribute to better communication and partnership. Transference of knowledge and flexible conditions of economic trade zone might explain close economic cooperation between Asian countries and the Western world. Through such
88 Ibid. 89 “Address by Prime Minister Shinzo Abe at the,” Ministry of Foreign Affairs of Japan, accessed February 3, 2017, /s_sa/sw/page3e_000452.html. 90 Sleeter 1991 in Edelstein, “Multiculturalisms Past, Present, and Future,” 36. 91 Ibid., 37. 92 Martin E. Spencer, “Multiculturalism, ‘Political Correctness,’ and the Politics of Identity,” Sociological Forum, 1994, 566. 93 Peter Buckley and Mark Casson, The Future of the Multinational Enterprise: 25th Anniversary Edition, 2002nd edition (Palgrave Macmillan, 2002), 1. 94 Ibid., 2,3. 95 Ibid., 39. 18 cooperation increases the number of an encounter with different cultures, internal specifications of each Asian country, both Koreas, China, and Japan, crystalise multinationalism in the economy but homogeneity in mentality. The role of multinational enterprise in the construction of civil society is becoming more relevant. In Japan’s case, due to the evident lack of labour force and shrinking population, full-functioning private sector and NGOs are forced to find channels for interaction and cooperation. 1.4 Emerging civil society in Japan A brief look at the catalyst factors and conditions, which had accelerated the formation of Japan’s civil society, grants a comprehensive insight explaining the specifics of Japan’s civil society. Academic discussions about society (shakai; 社会), left alone, civil society (kokumin; 国民
) have appeared quite late in Japan. Before the introduction of the new political regime, democracy, people were defined as subjects complement to the divine existence of the Emperor .96 According to Meiji Constitution, limited expression of free speech was granted to the population97. During the rapid modernization of Japan at the end of the XIX c. and its increasing regional aggressiveness, the state advocated the ideology of minzokushigi (民族主義) – ethnic nationalism. The unity of people was just an instrument to achieve regional domination over the inferior nations. Such authoritarian rule and sacrificing individuality for the sake of national commonwealth dispelled any thoughts about such society. During the industrialization decades, Christian ideology greatly contributed to the formation of such concepts. Equality of all individuals, despite the social ranking, became an alluring thought attracting Japanese individuals. 98 During years, kokumin (国民; civic nation), minzoku (民族; ethnic nation), kokutai (国体; national polity), shomin (庶民; the common folk), minshū (民衆; the populace) concepts took shape.
One of the notable activists and contributors to civil society movement was Tsurumi Shunsuke. Along with like-minded academics, he established the Institute for the Science of Thought in 1946. During the years the institute had become the main organisational and ideological source and place for civic activists. 99 Forced into the military service, though highly opposing to the state polity, he served as a civilian employee in Java island providing ‘comfort women’ for the soldiers. Observing the state-led policy and human exploitation, he searched for the way to foster a society rather than a nation. Poor education and illiteracy of the populace or minshū presented the
96 “The Constitution of the Empire of Japan | Birth of the Constitution of Japan,” accessed February 3, 2017, http://www.ndl.go.jp/constitution/e/etc/c02.html#s1. 97 Ibid. 98 Kevin M. Doak, A History of Nationalism in Modern Japan, vol. 13 (Leiden: Koninklijke Brill NV, 2007), 145. 99 Simon A. Avenell, “Civil Society and the New Civic Movements in Contemporary Japan: Convergence,Collaboration, and Transformation,” The Journal of Japanese Studies, 2009, 22. 19 key obstacles for the process to advance. 100 Starvation and war-caused daily atrocities distanced the people from embarking on the philosophical journey. Interesting, that democracy and finally achieved peace laid the foundation for the Japanese people to finally reconsider their relation to a state. Furthermore, the renewal of US-Japan Security Treaty in 1951 triggered public discontent. Such governmental intentions were perceived as the direct threat to democracy. Even if the protests did not succeed in making any impact on the renewal of the treaty, they reflected the first signs of civic consciousness. 101 Rapid democratization encouraged people to rediscover rationalism and individualism.102 Steadily, more civic voices have been appearing. For example, an activist Oda Makoto formed the Beherein movement (Citizen’s League For peace in Vietnam) which protested against the US and its war in Vietnam. 103 Academic and media discussions about the ‘public’ and ‘society’ have rocketed at the beginning of the 1990s due to the collapse of Cold War and globalization policies. Yamaguchi et al. have discovered that the number of articles of sociology concerning ‘publicness’ and ‘civil society’ have greatly increased particularly since the very last years of the 1990s. 104 Terms such as ‘volunteer,’ ‘NPO,’ ‘NGO,’ and ‘citizen’ have been recurring in mostly since 1988. The frequency of the term ‘citizen’ steadily grew during 1988 to 1998. The enactment of the NPO law explains such phenomenon. However, the usage of ‘NPO’ and ‘NGO’ have increased but the latter reduced since 2002.105 Though civil associations have been present already before the 1990s, the very debate about these concepts appeared later. As Koichi Hasegawa notes, ‘public’ (公 –‘ōyake’) has a different connotation in the Japanese language rather than in the English. In the former case, ‘public’ is associated with an administration, government, the position of the Emperor. Thus, it had evoked different impressions for the Japanese society.106 Interestingly, slight differences in the connotational meaning had spurred the debate during the drafting process of the Law to Promote Specified Non-Profit Activities, the key legislation regulating the activities of non-profit organisations in Japan.107 When discussing the well-being of the ‘public’ and ‘civil society’, two factors such as individualism and self-determination should not be ignored. Since civil society is comprised of individuals who voluntarily participate in the activities, what or who should encourage
100 Ibid., 27. 101 Ibid., 63. 102 Koschmann Intellectuals and Politics in Postward Japan as History ed. Andrew Gordon in Simon A. Avenell, “Civil Society and the New Civic Movements in Contemporary Japan: Convergence,Collaboration, and Transformation,” The Journal of Japanese Studies, 2009, 65. 103 James J. Orr, The Victim as Hero - Ideologies of Peace and National Identity in Postwar Japan (University of Hawai’i Press, 2001), 4. 104 Hasegawa, Constructing Civil Society in Japan: Voices of Environmental Movements, 3:200. 105 Avenell, “Civil Society and the New Civic Movements in Contemporary Japan: Convergence,Collaboration, and Transformation,” 246. 106 Hasegawa, Constructing Civil Society in Japan: Voices of Environmental Movements, 3:201. 107 Ibid., 3:202. 20 individuals to seek public good rather than pursue their own interests.108 Self-determination and individuality may as well lead to the fragmentation of a community and only emphasise the phenomenon of ‘free riding.’ National disasters, such as Kobe and Tohoku earthquake, became one of the catalyst factors for the NGOs to take action. 109 However, up until 1998, when The Law to Promote for Specific Non-profit associations was implemented, smaller NGOs struggled to operate due to bureaucratic limitations and the lack of financial resources. Small income and membership were the main obstacles receiving the recognition from the bureaucracy. Prior the NPO law, non-profit organisations were able to attain the corporate status if their annual budget exceeded 3 million yen 110 . 111 The approval procedures lasted for a long period of time, and the evaluation lacked transparency as well.112 Kobe earthquake encouraged voluntary groups to mobilise. It revealed what enormous potential lies in these groups.113 Corruption scandals, economic deterioration, and media support contributed to the drafting of the law. 114 The support of Keidanren (Japan Business Federation) disclosed that the cooperation of private sector and public sector might achieve significant results.115 A highly beneficial complementation to the law was the privilege of tax-exempt status of donations to NGOs. Specifically, donations to non-governmental organisations might be treated as 2,5% of their revenues. There are also favourable exceptions in relation to corporate tax rates for NPOs. 116 After the enactment, a significant surge in NPOs has been detected, however, some of the past obstacles prevent organisations from operating more efficiently. In exchange for the financial support from the governmental, bigger organisations may need to sacrifice their independence. 117 Nonetheless, since many of NPO associations were established prior the law, the restrictions imposed on them remained up until now.118 The NPO organisations, aiming to acquire official recognition, still face bureaucratic constraints, such as the establishment of an office, annual budget and attracting staff members. Though the size of the fiscal year or the number of staff is not indicated specifically, it might
108 Olson 1965 in Hasegawa, Constructing Civil Society in Japan: Voices of Environmental Movements,:205,206. 109 Koichi Hasegawa, “‘Civil Life, Globalization, and Political Change in Asia (Organizing between Family and State).,’” in Civil Life, Globalization, and Political Change in Asia (Organizing between Family and State), Edited by Robert P. Weller (London, New York, 2005), 110–22. 110 Kim D. Reimann, The Rise of NGOs in Japan. Activism from above, Routledge Contemporary Japan (London and New York, 2010), 37. 111 Pekannen 2000 in Ibid. 112 London 1991 Ibid. 113 Jeff Kingston, Japan’s Quiet Transformation: Social Change and Civil Society in 21st Century Japan, 1st edition, Asia’s Transformations (London and New York: Routledge, 2004), 74. 114 Ibid., 72. 115 Ibid., 74. 116 Ibid., 76. 117 Hasegawa, “‘Civil Life, Globalization, and Political Change in Asia (Organizing between Family and State).,’” 116. 118 Shipper, “Foreigners and Civil Society in Japan,” 270. 21 influence whether a decision by the authorities to grant the privilege of a certified NPO or not. As mentioned before, the corporate status grants bigger expansion and organisational opportunities, signing contract procedures. Only certified NPO organisations may apply for tax-exempt status.119 In relation to this, corporations and individuals might be inclined to donate due to tax exemption status. Usually, no exemptions are conducted unless the donation reaches a certain amount. On the other hand, some NPO organisations refuse to cooperate with the government and obtain the corporate status. Retaining ideological independence remains a priority for them.120 Nonetheless, another obstacle for a significantly lower number of NPO is ‘life-time employment’ 121. There has been a long-rooted problem to spend overtime hours, even though they rarely result in productivity. Employers are quite reluctant in encouraging and promoting volunteer activities among their subordinates and employees. 122 Another reason to the low number of NGOs is the result of the low participation of youth in them. The government has determined to counter indifference and apoliticism by legal means. It has legislated a mandatory volunteer program to encourage participation in volunteer activities. According to Wataru Ozawa’s findings, disapproval of such program was dominant among 62.3% percent of high schools individuals. 123 2010 survey revealed that 56.7% of university students disagreed with such legislation. It is much higher percentage of disapproval in comparison with South Korea and Canada. Governmental support for nurturing civil society is perceived as the means to deal with increasing expenses and need for human resources in social care sphere. 124 Furthermore, only 4.2% of the entire Japanese workforce engaged in voluntary organisations in contrast to 11.1% of Canada’s population. Government support for international NGOs rather than domestic also reveals the intention to incorporate NGOS in Official Development Assistance (ODA) 125. There has been a growing number of civic groups which are more interested in lobbying and participating in policy making process. Half of them indicated political aim as the main motive in engaging in policymaking activities. 126 They actively negotiate with the bureaucrats or the members of the political region. There has also been a tendency of smaller civil groups to closely
119 “About NPO Law,” Japan NPO Center, accessed November 5, 2016, http://www.jnpoc.ne.jp/en/nonprofits-in- japan/about-npo-law/. 120 Shipper, “Foreigners and Civil Society in Japan,” 281. 121 Philip Brasor, “Debating the Merits of Lifetime Employment,” The Japan Times Online, November 1, 2014, http://www.japantimes.co.jp/news/2014/11/01/national/media-national/debating-merits-lifetime-employment/. 122 Kingston, Japan’s Quiet Transformation: Social Change and Civil Society in 21st Century Japan, 76. 123 Ozawa, “‘Comparative Study on Volunteerism of the Youth in Japan, Korea and Canada : Focusing on the Function of Mandatory Volunteer Program,’” 133. 124 Kingston, Japan’s Quiet Transformation: Social Change and Civil Society in 21st Century Japan, 77. 125 Ibid., 281. 126 Tsujinaka and Pekkanen, “Civil Society and Interest Groups in Contemporary Japan,” 429. 22 cooperate with local governments; bigger organisations, such as international civil associations rely on the specialists’ support .127 The NPO Law was not the only legislation regulating and facilitating the activities of non- profit activities. In 2008, the government released three additional acts regarding the activities of non-profit associations: Public Interest Associations and Foundations, Associations and Foundations, and Special Non-profit Corporations, and other public interest organisations. These laws facilitate the easier establishment of a civil association. Smaller organisations may opt only for the status of General Corporation Foundation or General Corporation Association. The applicant group or association needs only to advance through the registration procedures. Furthermore, the law identified public interest associations and foundations and special public interest corporations. However, strict regulations deprive special non-profit corporations of gaining the status of special Special Public Interest Promoting Corporations (SPIPCs). An applicant must satisfy the requirements for proper management and accounting systems, transparent financial allocations among the board members and, most importantly, it must prove that the resources are allocated for public-wealth activities. In case an association matches all three dimensions, it may apply for tax deduction privileges. Though public and special non-profit organisations are applicable for the same rate of the tax obligation, not all of them might earn the status of SPIPC. Even if several similar non-profit organisations share the legal structure, they must comply with the stricter requirements of the Commission. Different accounting and management systems may influence the decision of the Ministry’s decision. These peculiarities facilitate the operation and financial inflows of bigger NPOS. However, smaller organisations which are not certified yet, encounter financing issues, due to the absence of legal status.
The construction of civil society is an eternal process. Diverse multicultural society operating in a democratic state permits vivid non-governmental and non-profit organisations to flourish. ‘Healthy’ civil society cooperates with the governmental institutions, fellow civil associations, and the private sector. Good civil society is comprised of individuals who pursue commonwealth for the entire community. Unfortunately, even the most developed countries with the highest index of democracy, struggle to achieve it. Without the state’s interference, civil groups may deviate to civil disobedience which might evolve to anarchism or chaos. Freely operating various civil associations may expand to a state where they may violate the liberties of other members of the community. Encouraging multiculturalism in the society also presents a dilemma: how should the healthy social ecosystem be managed without limiting the rights of one ethnic group and exalting other? Cooperation with private companies is another indicator of ‘healthy’ civil
127 Ibid., 428. 23 society. Pursuing mutually beneficial goals is the key challenge for civil associations and the business sector. In relation to this, these are the issues for modern Japan’s modern civil society.
24
PART II NON-PROFIT ORGANISATIONS AND FOREIGNERS
The Law to Promote Specified Non-Profit Activities 1998 created profitable conditions for the revival of Japan’s civil society. Despite this country’s technological progress, the civil society is comparably to be less developed than those in other economically developed countries. Though after the enactment, there was a surge of registered new NPOs, there are many smaller associations which remain to be outside the group of officially approved NPOs. In contrast to Japan’s commitment to take an active role in international affairs, its interaction with the foreigners, residing in Japan, is still obscure and sparks many dilemmas. This chapter aims to analyse whether the new law affected pro-foreign Japanese civil organisations, i.e. organisations which focus on foreigners. Furthermore, this chapter presents an insight whether Japan has become ‘good civil society’ with a diverse ecosystem of civil organisations. For that purpose, NGO and NPO samples will be analysed through the perspective of their relation with the government, their contribution to nurturing multiculturalism, and their relation with the private sector. Lastly, this chapter will answer the question what kind of challenges and issues are relevant for these civil organisations. 2.1 Facilitating domestic and international NPO network Due to the need to mobilise human resources from civil associations, Japan NPO Center was established in 1996. In concordance to other factors, the organisation facilitated the enactment of the law. 128 It was established as a private company, but in 1998 it gained the status of a Specified Non-Profit Organisation. Its chief mission has been to promote the activities of NPOs on the national scale. One of the key objectives remains building new forms of cooperation with governmental and private sectors. It commits strengthening the collaboration with local communities, NPO centres, and international NGOs. According to Robert Pekannen’s and Yutaka Tsujinaka’s report, a negative attitude towards non-profit organisations in Japan is often prevalent.129 Sarajean Rossitto, an NGO consultant, mentions that promotion and education on NPOs is necessary.130 In this relation, Japan NPO Center attempts to raise public awareness by promoting the database of NPO Hiroba. The web site provides crucial information: the data of foundation, type of associations, annual budget, etc., about an inquired NPO organisation. Another partner, TechSoup Japan, grants assistance for virtual donation transactions and software-related issues. A few other partners include Give2Asia, and CSO Accountability Portal. The latter website informs all possible financial and structural information to NPO stakeholders. Another partner, US-based non-profit organisation, Give2Asia focuses on attracting financial donors. With the assistance of this organisation, Japanese civil associations and non-profit
128 “Our History,” Japan NPO Center, accessed March 6, 2017, http://www.jnpoc.ne.jp/en/who-we-are/our-history/. 129 Tsujinaka and Pekkanen, “Civil Society and Interest Groups in Contemporary Japan,” 421. 130 “Charity in Japan Begins at Home,” The Japan Times, December 17, 2016, http://www.japantimes.co.jp/community/2016/12/17/general/charity-japan-begins-home/. 25 organisations are able to receive financial donations from foreign investors and donors. 131 According to the statistics provided in the official web page, health-oriented, medical treatment, and welfare organisations comprise the majority of all NPOs (28,906). Social education, administration and organisation, and community development are the following fields which encompass a significant number of organisations (approximately 22,000 organisations).132 The charts reveal that the majority of NPO organisations operate the budget encompassing 1-5 million, 5-10 million and 10-50 million yen. Program fees comprise more than 60% percent of all revenue, while membership fees and donations comprise approximately 15-20% percent of the revenue. The statistics also suggest that the majority of NPO staff is unpaid. 133 Kansai NPO alliance emphasises the fact that the staff of a non-governmental or non-profit organisation is small; on the other hand, the number has been slightly growing in recent years.134 University graduates, company employees, and early retired people enhance the numbers of volunteers. However, the load of work exceeds the number of personnel. Only full-time members are paid, and approximately their wages vary from 2 to 3 million yen a year. Therefore, they depend much on the labour force of volunteers and interns. Interestingly, some non-profit associations offer some financial benefits during the retirement. But such cases are still rare. Approximately up to 10 members are full-time and receive wages for their work. Elaborating on the size of NPOs and NGOs, the almost absolute majority is small-sized corporations. The collaboration with the government often takes place in medical, transportation, environmental, and food distribution. NPOs may provide the necessary labour force and ideas in exchange for the financial grants and subsidies from the government. However, there is also a risk of deviating to one-sided benefit rather than cooperation. The cheap labour force is one of the reasons why corporate institutions may become keen on collaboration.135 As noted by Makoto Imada before, more companies tend to cooperate with non-profit organisations not only for the assistance in labour force and in the form of think tanks, but the members of civil may educate the employers about the volunteer opportunities, assist in devising environmentally-friendly products, and provide crucial information on social trends. Currently, there are more than 300 NPO support centres. Besides local NPO support centres, there are individual NGO consultants. Sarajean Rossitto, a non-profit consultant, offers her
131 “Our History.” 132 Ibid. 133 “Size and Scope of NPOs,” Japan NPO Center, accessed March 6, 2017, http://www.jnpoc.ne.jp/en/nonprofits-in- japan/size-and-scope/. 134 “Frequently Asked Questions | Kansai International Exchange Organization Association,” accessed March 19, 2017, http://interpeople.or.jp/faq/index.html. 135 “Size and Scope of NPOs.” 26 services for the management of civil associations and NPOs.136 Expanding NPO network reflects a commitment of the Japanese to accelerate the development of civil society. 2.2 The need for pro-foreign support groups According to the data, there were 50.273137 specified non-profit organisations in July 2015. Only 870 of them have nintei status, i.e. the status of certified NPOs. Social welfare corporations, public interest groups, relief corporations, and smaller civil groups are not included. Among the broad range of international non-profit organisations, there is an extensive list of organisations which focus on the aid to former colonies or the countries of the Asia region: Asia-Japan Women's Resource Center, Asia Volunteers Center, Asian Community Trust, Asian Health Institute. Asian People's Friendship Society, Tokyo English Life Line, Japan Committee for Negros Campaign, Japan International Volunteer Center, etc. In overall, there are a significantly lower number of associations which focus on foreigners inside Japan and help them incorporate into the society. Since 2012, a steady increase in foreigners has been recorded. In 2015, there were over 2.2 million of foreign nationals registered. Chinese nationals, South Koreans, Figure 1.1 Non-Japanese Residents of Japan. Source nippon.com. Based on the data Filipino, and the Brazilian taken from the Minsitry of Justice. Accessed November 11, 2016. comprise the biggest foreign ethnic groups. However, a significant share of Chinese and Korean nationals is classified as foreigners regardless of the duration of residence in Japan. During Japan’s aggressive foreign policy in pre- WW II, the residents of China and Korea were forced to relocate in Japan. Regardless of the fact, that their place of birth is Japan, these people struggle to achieve citizenship. One of the key obstacles is the Nationality Law. First enacted in 1950, it claimed that children born in multinational wedlock may only acquire Japanese nationality if they are recognized by their father who must be a Japanese national. Having a Japanese mother was not a sufficient factor. The current version regulates that an applicant may be naturalised if he proves to have a parent of Japanese
136 “Projects,” Sarajean Rossitto, November 19, 2013, https://sarajeanr.wordpress.com/project/, accessed March 10, 2017 137 “Size and Scope of NPOs.” 27 origin. Applicants, possessing citizenship of another country, encounter problems of acquiring citizenship. It explains why Brazilian-Japanese nationals remain an ousted group as well. Otherwise, if a person of different nationality expresses a will to acquire the citizenship, he or she must have no record of criminal activities and be self-sufficient financially.138 Despite these conditions, it is a visible surge of foreigners since 2012. Changes in the immigration policy had a direct impact on the increase as well. Due to shrinking population, Japan faces a huge labour shortage. The government has decided to fill the lack by incorporating women and attracting foreign labour force. As a result, the ministry introduced changes in the immigration policy.139 The period of residence for highly-skilled engineers and specialists in other spheres can be extended to five years. The same privilege might be granted for a spouse or child of Japanese national or permanent resident. Additionally, the government revised the guidelines for acquiring the permanent residence status in 2006. The new guidelines shorten the necessary period for acquiring citizenship from 20 years to 10 years 140. The regulations are less strict for those married to a Japanese national. Besides these legislations to fill the labour shortage and willingness to incorporate foreigners as a labour force, there are other impediments. According to the Constitution Article 11, the law defines the conditions for being a Japanese national. In other words, newly born children are not considered to be Japanese unless their parents possess Japanese bloodline. Thus, the article clearly draws the distinction between the non-nationals and nationals. The following article states that people will not be deprived of the right to enjoy fundamental rights. While foreigners face certain limitations in civil service, such as voting in elections in numerous countries, the distinction between nationals and non-nationals (Note. not citizens vs. non-citizens) is distinctive for Japan. Moreover, Article 11 triggers assumptions that non-nationals are not granted any right to use their fundamental human rights .141 In fact, there is no mention of such group in the entire document.142 Besides legal restrictions, there is also such phenomenon as zaitokukai. It encompasses all anti-foreign associations and social movements. These groups vary in number, some encompassing up to 1000 numbers, while others contain the membership even to 100 000. Their activity is mainly limited and visible in the shape of public propaganda signs and posters on black vans and trucks with the signs of an imperial stamp and
138 “THE NATIONALITY LAW,” accessed April 11, 2017, http://www.moj.go.jp/ENGLISH/information/tnl-01.html. 139 “To All Foreign Nationals Residing in Japan Beginning on Monday, July 9, 2012, Start of a New Residency Management System! ｜ Point 3 The Re-Entry Permit System Will Be Changed/ Point 4 The Alien Registration System Will Be Abolished,” accessed November 1, 2016, http://www.immi-moj.go.jp/newimmiact_1/en/point_3- 4.html. 140 “Guidelines for Permission for Permanent Residence” (Immigration Bureau, Ministry of Justice, March 31, 2006), http://www.moj.go.jp/content/000099622.pdf. 141 Glennn D Hook and Gavan McCormack, Japan’s Contested Constitution: Documents and Analysis (Sheffield Centre for Japanese Studies/Routledge Series, 2001). 142 “憲法条文・重要文書 | 日本国憲法の誕生,” accessed May 19, 2016, http://www.ndl.go.jp/constitution/etc/j01.html. 28 imperial flag. Their statements often advocate the appreciation of former Empire of Japan. Their protests often take place in front of Korean and Chinese embassies expressing the claims for territorial disputes as well. 143 The organisation originated from the founder’s Makoto Sakurai personal discontent towards long-term Korean residents, Zainichi, living in Japan. The Japanese governmental subsidies to the Korean schools, pension, and health care privileges for the Korean nationals fuelled the nationalist’s discontent. 144 Such groups and associations are also present in the Diet. Nippon Kaigi (The Conference of Japan), which includes Prime Minister Shinzo Abe, as a member of honour promotes nationalistic sentiments, promotes the constitutional revision, the increase of armed forces, the development towards more powerful nation (kokumin 国民) the pre- war status of the Emperor, and nationalistic education in schools. 145 Furthermore, foreigners struggle not only with legal discrimination due to the Nationality Law and strict regulations of Special Guidelines for Permanent Residence but also face discrimination in daily life. It is necessary to note that in contrast to the anti-foreign groups, pro-foreign Japanese nationals clash in public at the time of processions. Taking into account the above-mentioned factors, the existence of pro-foreign NGOs and NPOs is of great relevance. 2.3 Relationship between Japanese civil organisations and the government The interaction and relationship between the government and civil society remains one of the key disputes. Immanuel Kant and John Locke emphasised that civil society is the totality of political associations which act on the basis of ‘perfect freedom.’ The former philosopher emphasised the distinction and separation between these two actors (see page 10). Observing the debate of modern civil society researchers, three points of statements can be distinguished: 1) Civil society acts as the actor balancing the government (Ernest Gellner). 2) Civil society is independent but may have an impact on political life (Robert Putnam) 3) Successful civil society is independent but functions in cooperation with the government (Michael Edwards). The following examples of the organisations reveal what kind of relationship civil associations maintain with the Japanese government. The following organisations focus on foreigners, though some of them operate on the international level. The majority of them were
143 “Uyoku Dantai: Japan’s Growing Far-Right Movement | VICE | United States,” VICE, accessed November 6, 2016, http://www.vice.com/video/uyoku-dentai-japans-growing-far-right-movement. 144 Justin McCurry, “Japanese ‘hate Speech’ Debate Abandoned as Insults Fly,” The Guardian, October 21, 2014, sec. World news, https://www.theguardian.com/world/2014/oct/21/japan-hate-speech-debate-abandoned-toru-hashimoto- makoto-sakurai. 145 “日本会議とは « 日本会議,” accessed November 6, 2016, http://www.nipponkaigi.org/about; “Right Side up,” The Economist, June 2015, http://www.economist.com/news/asia/21653676-powerful-if-little-reported-group-claims-it-can- restore-pre-war-order-right-side-up. 29 established before 1998, so their cases should reflect what kind of relationship they have maintained since the enactment of the NPO Law. Cases of NPOs which balance the government One of the key organisations focusing on foreign migrant workers and nationals is Asian People’s Friendship Society. Established in 1987 by a Japanese national, it concentrates on undocumented migrants and foreign nationals, whose children have been born in Japan but do not have Japanese citizenship. Its main ideological purpose of existence is to ‘build a flourishing multicultural society in Japan’146. It is located in Tokyo, and mainly provides legal consultation on acquiring special or permanent residence status. With the help of lawyers and other staff members, they manage to consult only a portion of all foreign nationals. It is one of the few NPO organisations which also operate as an interest group. APFS has been continuously negotiating with the Immigration Bureau regarding the change of special residence guidelines. Due to the Nationality law, the children born to non-Japanese nationals in Japan do not acquire citizenship. Therefore, such situation has been another issue for APFS. Regardless of the fact that organisation has been operating since 1987, it acquired the status of certified NPO only in 2010. The organisation highly depends on private donations. Due to attained corporate status, the organisation has succeeded in expanding their activities and hiring legal experts to provide consultations. The activities of this organisation as an-interest group reveals that the APFS aims to be a civil association which influences political life. It constantly invites government institutions, particularly, the Immigration Bureau of Japan, to cooperate. However, due to government’s poor interest in foreign nationals’ issues inside Japan, the organisation falls under the categorisation of the first category. i.e, it acts as the organisation which balances the government. Unfortunately, the process of encouraging the Bureau and the government to review laws covering foreigners does not present any significant achievements. Asia-Japan Women‘s Resource Center (AJWRC) concentrates on the assistance for Asian women. Founded by Yayori Matsui in 1994, the organisation engages in educating women about their rights. The organisation performed occasional educational tours within Japan and in other Asian countries: Malaysia, Pakistan, China, Cambodia, etc. The key task is to raise public awareness of gender inequality and psychological as well as sexual violence, gender perspectives and career opportunity.147 Interestingly, this organisation is one of the few entities which draw attention on Japan‘s past military involvement in sexual crimes, particularly ‘comfort women.‘ It discussed this matter in The Women's International War Crimes Tribunal in 2000. AJWRC has also
146 “APFS のホームページ,” accessed September 24, 2016, http://www.jca.apc.org/apfs/. 147 “Asian Women’s Resource Center - Center of Sister Organisations,” accessed February 14, 2017, http://ajwrc.org/jp/modules/pico/index.php?content_id=6. 30 published several publications concerning the matter. The association participates as an active interest group. With the assistance of fellow NGOs, it presents its reports in the UN General Assembly, International Committee on Human Rights, etc. Their reports cover Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), International Covenant on Human Rights, etc. 148 By these reports, AJWRC attempts to shed more publicity on internal issues in Japan. Since 1994, the organisation has evolved into the unity which concentrates on educational and public awareness campaigns. AJWRC greatly focuses on raising women’s consciousness and awareness in less economically developed countries. Even by reporting the issues to the UN, the organisation exerts limited influence. The United Conventions policies and recommendations are more of advisory origin. Women discrimination or other human rights violations are not a priority for the government. Consequently, it results in their lack of interest to communicate with this NPO. Thus, it still acts as a balancing factor, even though it has potential to become the organisation which cooperates with the state. Solidarity Network with Migrants Japan (SMJ) focuses on foreigners’ human rights. Due to the globalisation, increased attention to foreign labourers’ work conditions is visible. First National Forum149 held in Fukuoka in 1996 became a catalyst factor for establishing SMJ in 1997. In comparison with other foreign support non-profit organisations, the organisation actively participates in lobbying. By making policy proposals and issuing official statements, SMJ advocates changes in the Immigration Control Law Act. It also employs a ‘publicity’ strategy to influence governmental decisions. 150 Recently it issued the statement advocating enforcement rules of Technical Intern Training Law Enforcement Regulations. Furthermore, it presents immigration policy proposals for the Immigration Bureau of Japan. In response to recent incidents of departed undocumented foreign nationals, the organisation issued an official protest announcement to the Ministry of Justice.151 SMJ attempts to attract attention to migrants’ human rights violations and reports them to UN rapporteurs. It also focuses on reducing poverty and improve the well-being of both, migrants and Japanese nationals. On 2017 February it presented its Poverty Reduction Project. The NPO took part in the International Racial Discrimination Day conference held in the House of Councillors on March 22nd, 2017. It attempts to shed more attention and tackle the existing racial and discrimination problems in Japan. NGO leaders, parliament members, citizens, media officials are invited to participate. Such initiative is commendable as not only foreign nationals and labourers
148 “Asian Women’s Resource Center - Advocacy · Campaign,” accessed May 9, 2017, http://ajwrc.org/jp/modules/pico2/index.php?content_id=3. 149 “活動案内,” 移住連 ｜Solidarity Network with Migrants Japan -SMJ, accessed April 11, 2017, http://migrants.jp/activities. 150 Ibid. 151 “タイへの一斉送還に対する抗議声明,” February 2017, http://migrants.jp/wp- content/uploads/2017/03/449e909a73322bc7b71ec4871c2fd8e3.pdf. 31 are discriminated, but this issue is deeply rooted in the labour market, specifically dividing regular and part-time workers. The issue of the Buraku and Ainu discrimination is a common topic of discussion as well. Besides these groups, there is also deeply rooted discrimination of full-time women employees, Korean, Chinese foreign nationals, foreigners and temporal labourers. These issues, which are less relevant for the government, explain why it is indifferent in cooperating with the Solidarity Network with Migrants’ Workers. The previously-discussed influence exertion means might be only effective in the presence of close cooperation with other NGOs. Furthermore, such advisory documents might fail to achieve their purpose if the government is unwilling to consider these issues. SMJ involvement in the human rights sphere may also be partially responsible why the organisation received the official authorisation (nintei status) only in 2015. Thus, SMJ continues operating as the opposite actor to the state – it balances the government. A significantly higher number of Filipino-oriented organisations may be explained due to the active migration of Filipino nationals in the 1970s. As a result, the increase of Japanese-Filipino marriages, and, consequently, born children was recorded. However, there was a majority of cases when the children born into such wedlock were abandoned by their fathers.152 This phenomenon accelerated the emergence of Filipino-oriented organisations. Citizen’s Network for Japanese- Filipino Children (CNJFC) was established in 1994 and received the status of a certified NPO in 1996. This NGO and NPO operates in Tokyo region. It focuses on counselling Filipino mothers and their children. Nationality acquisition is one of the main issues for such children. Prior to the amendments of the Nationality Law, a child born in mixed wedlock under 20 years old is able to attain the Japanese nationality only if he or she is recognised by a Japanese father. The amendments to the Nationality Law introduced in 2008 have modified these provisions. Now a child can become a Japanese national if he/she is recognised by one of the parents who is a Japanese national153. However, according to the reports, the older version of the law is still practised. As a result, this issue remains to be of significant importance for such children. CNJFC provides consultation for such mothers and children in Tokyo and Manilla offices. One of the key activities are consultations on paternal recognition, child support, acquisition of Japanese nationality, and legal consultations for JFC (Japanese-Filipino children). The organisation also established an inner JFC Scholarship Fund to help children born in such wedlock to cover school expenses. It has potential to become an organisation which cooperates with the government, however, due to government’s lack of interest, it balances the government.
152 Mariko Yasumoto, “Japanese-Filipino Kids Await Fate,” The Japan Times Online, June 4, 2008, http://www.japantimes.co.jp/news/2008/06/04/national/japanese-filipino-kids-await-fate/. 153 “THE NATIONALITY LAW,” accessed November 12, 2016, http://www.moj.go.jp/ENGLISH/information/tnl- 01.html. 32
The International Movement Against All Forms of Discrimination and Racism (IMADR) was founded in 1988 by the Buraku people in Tokyo. They have been discriminated for several decades leading them to work low-paid jobs in dangerous conditions. Thus the discontent encouraged them to establish a civil group. It acquired the status of an NGO and the consultative status of the Unites Nations Economic and Social Council in 2008. The organisation participates as an active interest group. It has its office in Tokyo as well as a UN liaison office in Geneva. IMADR has evolved into international organisation focusing not only on domestic discrimination issues but the entire Asia region. IMADR promotes multicultural society, educating minorities about their rights. 154 The main objectives are to eradicate the discrimination at workplaces, women and children trafficking, help indigenous, and minority rights advocate their rights. IMADR encourages the establishment of grassroots movements in Asia countries. The NPO advocates further implementation of International Convention on the Elimination of All Forms of Racial Discrimination, even though it has been signed and ratified by Japan. IMADR actively presents the statements on Buraku, Ainu, foreigners, women, Indian caste-system and other major discrimination forms in the Asia region at UN Human Rights Council sessions. In these statements, the association invites the home countries to address the issue from the core perspective. Since IMADR mainly concentrates on international communities, its relation with the Japanese government is undeveloped. On the other hand, there are occasional meetings with the Diet members to discuss solution models. Thus there is a clear tendency that IMADR attempts to influence the government via UN channel. The very essence of this organisation is highly political and should be closely intertwined with the governmental institution. Nonetheless, at the moment, the organisation seems to function as the sample of the first category – it balances the government. Attempts to cooperate with the government In 2002, a group of doctors and medical persons founded the centre to treat the HIV- positive persons and foreign nationals. Center for Health and Rights of Migrants (CHARM) provides help for the infected persons and their families by providing necessary help and interpretation assistance in acquiring medical health. According to the official web page, it targets Korean, Spanish, Thai, Portuguese, Chinese, Tagalog and other foreigners as well as Japanese nationals.155 One of the key services of CHARM – educating people about the health system in Japan and providing critical information on medical assistance. Administration expenses are covered by members and sponsors. The majority of CHARM budget is collected from the projects which are financially supported by the Ministry of Health and Labor.156 Thus CHARM engages in policymaking activities. CHARM collect their budget from projects with the protégé of the Ministry
154 “IMADR WEB SITE,” IMADR WEB SITE, January 3, 2012, http://imadr.org/. 155 “Foundation and History | Www.charmjapan.com,” accessed April 11, 2017, http://www.charmjapan.com/en/history. 156 Ibid. 33 of Health and Labor. Active cooperation with the government affiliates the organisation to the third category, i.e., a civil association which cooperates with the government. Such interaction might be explained on behalf of government’s interest to maintain ‘healthy’ Japanese society. Kansai NPO alliance (KNA) monitors the activities of civil organisations, education institutions, administrative agencies, and international organisations in the Kansai region. On the occasion of 72 NPOs alliance, Kansai NPO support organisation was founded in 1984. In 2001, it succeeded in obtaining the status of a certified NPO. In overall, it coordinates 109 organisations. Cross-cultural exchange and education on foreigners’ residence issues in Japan are the key objectives of KNA. It organises seminars and projects for NPO leaders on fundraising and activity expansion. Besides local non-profit associations and institutions, KNA closely cooperates with governmental institutions. It also highly fosters the cooperation between the US and Japan’s non- governmental activities. The function and necessity of bigger supervisor of regional NPO organisations make the organisation another sample of active cooperation between a civil association and the government. AMDA International Medical Information Center, the medical NPO, which started operating in 1984 in Okuyama, concentrates on educating foreigners: English, Chinese, Filipino, Spanish, Portuguese, on health care system in Japan. 157 One of the key objectives, besides delivering medical information, remains the internationalisation of the Japanese society.158 It is run by a Japanese national, Yoshiyuki Kobayashi. AMDA activities mainly include telephone services to educate foreigners about health care system. This NGO and NPO now has 30 branches and 47 partner companies in 47 countries. However, it succeeded in gaining the status of specified non- profit corporation only in 2001. The organisation’s officials also take part in the national and international conferences as well as in the symposiums held in the Diet. This NPO corresponds to government’s foreign policy on nurturing internationalism. It is also a medical organisation which matches Japan’s government’s interest in maintaining ‘healthy’ society. Therefore, the cooperation with the government may be defined in terms of third category – a civil association which cooperates with the government. However, the question how much it is independent is debatable. Japan Occupational Safety and Health Resource Center (JOSHRC) was established in 1990. This NGO focuses on health sphere and the improvement of labour conditions. The activities of this organisation are of great importance for foreign workers. As noted in the official web page, there are many cases when basic human rights of foreigners are violated. Overstayed workers are even more subject to such working human rights’ violation.159 It actively engages in lobbying as it
157 “AMDA International Medical Information Center,” accessed April 11, 2017, http://eng.amda-imic.com/. 158 “AMDA 国際医療情報センターについて - AMDA 国際医療情報センター,” accessed April 11, 2017, http://amda-imic.com/modules/amda/index.php?content_id=1. 159 “INTRODUCTION,” accessed April 18, 2017, http://www.jca.apc.org/joshrc/index_e.html. 34 aims to attract attention government’s attention to poor working conditions. In 2012, JOSHRC, along with other civil groups, discussed the labourer’s radiation issue at Fukushima Daichi Nuclear Power station. 160 Furthermore, the NPO cooperates with several labour unions and other organisations. It monitors its network of offices throughout the entire Japan. According to Geoffrey Hook, only due to the initiatives of JOSHRC and partner NGOs, media‘s participation, and public discontent the ban on asbestos imports was finally enacted in 2002.161 JOSHRC partners not only with local institutions, civil associations but with Asian Occupational Safety and Health Centers, as well as European counterparts. Due to the relevance of this organisation, especially after 2011 Fukushima Daiichi nuclear disaster, it succeeds in negotiating with the government and maintaining interaction. Thus, it can be defined as the organisation which cooperates with the government. However, it only exerts influence on governmental policies with the assistance of other civil associations. The above-discussed cases reveal that few pro-foreign NPOs affect governmental policies and cooperate with the government. Medical civil associations and international NPOs succeed in establishing successful connection of cooperation with the government.
2.4 Multiculturalism and civil society in Japan Referring to a discussed issue of multiculturalism and multinationalism in the first part, several key aspects should be emphasised. Throughout the ages, two camps of researchers have been formed – individualists and communitarians. The former advocated that every liberal and democratic society should foster a multicultural community which is constituted of individuals. On the contrary, the latter promote that interests of a community are superior. Addressing the debate of multiculturalism, several dilemmas arise: how much should the ethnic majority tolerate ethnic minorities? When does indifference exceed tolerance? What minority groups should receive more attention? How does one distinguish between a ‘good’ and ‘bad’ minority group? Finally, the role ethnic minorities in nation-constructing process is of relevance as well. In spite of promotion of multiculturalism, there is a significantly big share of researchers and a world population who state that nurturing diversity inevitable leads to the destruction of heaven called ‘haven’ and may result in national disorder. The latter point might explain the Japanese government’s attitude and lack of interest in developing multicultural society within Japan. Elaborating on the aspect that permitting diversity could lead to the destruction of community, Japan is unlikely to experience such scenario as foreigners comprise almost 2% percent of the entire population. On the other hand, increasing debate on the necessity to accept multiculturalism infuriates the groups of radical Japanese
160 “Group Introduction Japan Occupational Safety and Health Resource Center (JOSHRC) Nuke Info Tokyo No. 148,” Citizens’ Nuclear Information Center, accessed May 2, 2017, http://www.cnic.jp/english/?p=2659. 161 Geoffrey Hunt, Nanotechnology: Risk, Ethics and Law, The Earthscan Science in Society Series (Routledge, 2008), 63. 35 nationals, who confront pro-diversity supporters of diversity.162 The following samples illustrate what foreign support targets dominate among Japanese NPOs and what hindrances they encounter in nurturing multicultural society. Asian Library & Communication Center Osaka was founded in 1981. In 2011, it gained the status of General Incorporated Association. According to the goals presented in the official website, its main objective lies in the promotion of Asian cultures163. The means to achieve it are fundraising activities, expanding Asian library network, international human resource exchange, launching language classes, and charities. GIA status suggests that the organisation is small in scale as this type does not require predetermined financial resources and a specific number of members for the establishment. On the other hand, it also deprives the organisation of attracting financial investors and enjoying tax exemptions available for bigger NPO organisations. Due to its small-scale structure, the organisation depends on the membership fees. Thus, the GIA status grants more independence and flexibility but paid services, even if they are low cost, may not be a favourable factor in attracting new members. Its cultural promotion of diversity within the country does not likely to have any negative effect on the integrity of the community. The low number of staff members limits the capabilities of the organisation and, therefore, its effect on Japan’s multicultural community. Center for Japanese-Filipino Families (CJFF) NPO operates as a subsidiary organisation of the former CNJFC. It is a religious organisation as it is supported by the United Church of Christ in the Philippines, the United Church of Christ in Japan, Evangelical Mission in Solidarity of Germany and the United Church of Canada. This branch also encourages the formation of youth organisations and peer counselling. It closely cooperates with Japanese Lawyers Network for JFC and other Japanese-Filipino organisations. Cultural projects and activities are also conducted. One of the goals is to raise public awareness about Japanese-Filipino families and their encountered issues. Indeed, legal consultations and contributions help survive and live Filipino children. Since this organisation attempts to foster multicultural diversity vial legal framework, consequently, its impact on the society is limited. Current regulations in the Nationality Law perform the direct hindrances for CNJFC. It would make progress if it cooperated with the governmental associations. However, this is a problem more of another party – the government.
162 Tomohiro Osaki, “Japan’s First-Ever Hate Speech Probe Finds Rallies Are Fewer but Still a Problem,” The Japan Times Online, March 30, 2016, http://www.japantimes.co.jp/news/2016/03/30/national/japans-first-ever-hate-speech- probe-finds-rallies-are-fewer-but-still-a-problem/. 163 “アジアセンター21 について,” アジアセンター21, accessed February 20, 2017, http://www.asian-library- osaka.org/. 36
World Vision Japan, a Christian non-profit organisation was founded in 1987 based on the idea of Reverend Bob Pierce. Though Japanese citizens comprise the majority of the members, the association is monitored by the Japanese. The organisation commits to supporting children in need in the Asia region. It has been active since the 1960s but officially approved only in 1999. In 2002 it gained the status of a special non-profit organisation. 164 Long accreditation and examination processes account for WWJ receiving the privilege only after three years. Such recognition certainly refers to the enactment of the NPO law. The target group – poor, disabled children, orphans – might explain the fact that there are more than 40 000 registered members. Due to the universal motives and goals, the organisation collects its revenues mostly from sponsors’ donations. According to the fiscal report in 2015, World Vision Japan gathered ¥3,286,107 donations in contrast to NPO’s fund raising activities (¥297, 975) and governmental subsidies (¥566, 971)165. The statistics of 2007- 2011 reveals a steady growth of donations for child-sponsoring activities. The organisation also actively advocates the importance of cooperation and strong civil society in UN General Assembly summits166. It has its registered office in Japan and the UK. Regarding current problems and challenges, securing funds and maintaining sufficient number of staff are the key priorities.167 These factors affect and limit World Visions’ Japan effect on the community. Asian Health Institute (AHI) (established in 1980) operates as a Japanese non-profit organisation which helps coordinate the activities of medical NPOs in the Asian region. It is another association which focuses on providing health services for marginalised people in developing countries. Regarding their projects, a clear preference remains for foreigners in their countries. The organisation conducts fund-raising events which suggest that it depends on donations and membership fees. 2014 report shows that the income collected from membership fees in 2014 significantly decreased to ¥14,972,989 from ¥15,093,000 in 2014.168 In 2013, donations accounted for ¥27,815,514, while in 2014, the organisation only received the ¥21,883,954 value of donations. It is noted that the financial donations reduced in number due to aging regular financial supporters. They are not able to continue their financial support.169 This is the main issue negatively affecting the activities of AHI.170 The representative of the Institute did not indicate any exceptional increase in financial donations after the enactment of the NPO law. In fact, as a result of gained social trust,
164 “ENGLISH｜国際協力 NGO ワールド・ビジョン・ジャパン,” accessed February 24, 2017, https://www.worldvision.jp/info/e-about-wvj.html. 165 “2015 年度 会計報告” (Workd Vision Japan, 2016). 166 “ENGLISH｜国際協力 NGO ワールド・ビジョン・ジャパン.” 167 Matsumoto, “World Vision Japan,” March 27, 2017. 168 “About Us - Asian Health Institute(AHI),” 7, accessed February 24, 2017, http://ahi- japan.sakura.ne.jp/english/html/modules/pico/index.php?content_id=1. 169 “Annual Report Fiscal Year 2015” (Aichi-ken, Japan: Asian Health Institute (AHI) A Public Interest Incorporated Foundation, Established December 1980, April 2016), 7, file:///C:/Users/TEMP/Downloads/Annual%20Report%202015.pdf. 170 Yuko Okuma, “Asian Health Institute,” March 17, 2017. 37 regular sponsors have continued to support the Institute even after 1998. AHI was approved as a Public Interest Foundation only in 2012. However, the respondent did not name the assumed causes for such late recognition. The following three NPO law-supporting legislations (2008) have contributed to this recognition. According to the respondent, she voiced AHI’s commitment being financially accountable to its regular sponsors. The official recognition indirectly resulted in the increase of contributions and donations. Specifically, it contributed to the social trust which attracted new sponsors. Church-based organisations are the main sponsors. Due to the specification of the institute, mostly 40 and 50-year old members work in the organisation. Several business companies support the organisation financially or by another form of cooperation. Nonetheless, the respondent admits AHI’s commitment to approach potential foreign supporters abroad. Due to wide network, the organisation produces an impact on fostering multicultural society, however, social issues such as aging members and unstable financial resources limit organisations’ capabilities. RINK Rights of Immigrants Network in Kansai was established in 1991 in Kansai region to support migrant workers and promote their human rights. It lays its ideological foundation on the Convention of the Rights of Migrant Workers. Realising multi-ethnic and multicultural society is the key objective of this NPO.171 It has several phone lines and provides consultations for foreign labourers by lawyers. Furthermore, the services are provided in English, Chinese, Korea, Spanish, Portuguese, and Tagalog. Like other NPOs, the organisation faces the lack of human resources. Interpreters, volunteers with medical knowledge are highly demanded. In the published reports of the meetings, the participants if the meetings discuss current situation on immigration policy, foreign labourers and government policy toward them. Besides lawyer groups, labour union organisations, such as Japan National Federation of Labor Unions Osaka Federations, support RINK to help them maintain consultations services. It has developed a wide network due to cooperation with fellow migrant workers’ support NPOs and NGOs. Moreover, RINK focuses on education sphere and reports any significant changes regarding foreign children. The organisation did not apply for the official recognition to become a certified NPO organisation due to troublesome bureaucratic procedures. It seconds the respondents from Tokyo English Life Line and former International Community School founder that nintei status is difficult to acquire and retain. Since RINK is located in Osaka, the NPO law enacted on 1998 did not have a significant effect due to an absence of official approval. In Osaka, even being an officially recognised NPO does not increase the chances of receiving governmental funds.172 Mainly, RINK collects its funds from membership fees. However, other non-profit companies, as
171 “RINK,” accessed April 11, 2017, http://www.ne.jp/asahi/rink/rink/index.html. 172 Hayasaki, “Rights of Immigrants Network RINK,” April 1, 2017. 38 well as individuals, support RINK due to ideological reasoning. Business companies or corporations do not cooperate with RINK. The absence of profit and ideological indifference to the NPO activities explain such fact. After the enactment of the law, financial support did not increase. RINK has relied on the support of regular sponsors. Approximately, 10 foreigners work in the administration. Daily life problems arising from the absence of a regular place of residence prevent foreigners to work as members. Regarding current issues, RINK representative names the lack of human and financial resources. The majority of the NPO staff is elderly population. Working members earn income from their full-time jobs so they can afford to participate in RINK only on weekdays. There are relatively few young people to take over positions since the organisation cannot afford to pay wages. Therefore, there is an evident lack of interest to participate as volunteers, and the NPO is not capable of paying for the labour173. Shortage of labour force is most relevant for remote cities with a smaller population. Aging society and remarkably low birth rate explain the low number of young volunteers. The organisation makes an impact through the prism of legal and linguistic perspective. It intends to improve and quicken the process of foreign workers and residents by educating them on legal regulations. Due to absence of certified status and lack of relations with a variety of business companies, its long-term effect on affecting multiculturalism processes is questionable. Lastly, the phenomenon of aging members also directly corresponds to RINK’s limited impact, even though its existence for foreign nationals is crucial. In conclusion, the necessity and importance of the above-discussed organisations for foreigners is undebatable. However, mainly due to the insufficient number of foreigners and unstable financing, their impact on nurturing multicultural society is limited.
2.5 Interaction of the private sector and civil society In the first chapter, it was noted that perfect civil society is comprehended as a diverse community which interacts and cooperates with governmental associations and the private sector. When the concept of civil society emerged, it signified independent business associations. Modern civil associations diverted from this definition. It was also noted that civil society alone is not capable of affecting social, political and economic life without the assistance of other actors. Cooperation of non-profit associations and business companies would breed effects on both sectors as well as the entire population. However, exactly due to different goals, communication of these two factors may not always be fruitful. Japan’s civil society must also solve this dilemma. On the other hand, due to demographic problems and a shortage of labour force, more corporate persons address NPOs. On their behalf, civil associations receive financial support which is crucial for
173 Ibid. 39 them. These examples illustrate under what conditions civil associations cooperate with the private sector and what challenges such cooperation breeds.
In Japan, every Japanese national is taught a special course of disaster preparedness due to occasional earthquakes. However, foreign nationals do not complete this course mostly due to the language barrier. The Tohoku Earthquake in March 2011 happened to be the key factor encouraging a Japanese teacher, Motoko Kimura, and her friends to establish a workshop about disaster preparedness for foreigners in Tokyo. 174 It then gradually developed into a non-governmental association called WaNavi Japan.175 The NPO runs workshops and seminars for foreign nationals and their families to instruct them on basic security measures. Furthermore, the NPO also indulges in interpretation, translation services. It organises cultural events as well. The association expands its field of activity by running seminars about the healthcare system in Japan. It cooperates with other NPOs, e.g. Japan Association for Refugees, and sets up workshops to educate foreigners about job and employment peculiarities in Japan 176. It did not acquire the status of a certified NPO but is authorised as a General Incorporated Association. Since the organisation was established only in 2011, it did not experience any primary effect from 1998 NPO Law.177 However, the Associations and Foundations Law enacted in 2008 did have an impact on WaNavi Japan activities. The law enabled the organisation to obtain the legal status and earn more public trust. In contrast to other NPOs and NGOs, the organisation does not depend on donations and contributions. Its budget is collected from the payments of companies and corporations. They are WaNavi’s clients as they ask it to organise earthquake preparedness workshops for their employees. For this particular reason, WaNavi partners with multiple corporate persons. Though respondent did not name any current issues, in the future, the number of young members, who are able to speak multiple languages, will become pertinent. Taking into account that the Japanese government aspires to attract foreign skilled workers, the existence of such non-profit organisations as WaNavi will be crucial in future for the private sector. The respondent did not indicate any specific challenges encountered by WaNavi in 2017. 178 The NPO organisation serves as an example illustrating the emerging need of the private sector to cooperate with civil organisations. Finally, the key reason why such interaction is successful is matching WaNavi’s activities with the demands in the private sector.
174 Mizuho Aoki, “Tokyo NPO Founder Shows Foreign Residents How to Survive Disasters,” The Japan Times Online, July 31, 2016, http://www.japantimes.co.jp/news/2016/07/31/national/tokyo-npo-founder-shows-foreign-residents- survive-disasters/. 175 “Our Programs & Services,” WaNavi Japan, accessed February 25, 2017, http://www.wanavi.org/programs/. 176 Ibid. 177 Mina Nishisaka, “WaNavi Japan,” March 24, 2017. 178 Ibid. 40
In 1981, Japan ratified Refugee Convention Protocol, which permits the acceptance of Indian and Chinese refugees. This legislation ensures that the refugees receive social, accommodation, education training, and health services. However, asylum seekers are not legally prescribed to receive these benefits. 179 Due to the variety of refugee nationalities and increasing number of both, migrant foreigners and refugees, favourable conditions were set up for the establishment of Japan Association for Refugees (JAR) in 1999. JAR provides legal consultations. It is authorised as a certified NPO. Besides contributions, the organisation operates on the income received from membership fees. Donations to this association can be tax-exempted. Several law firms such as Morrison and Foerster, Associates, Anderson, Mori, Tomotsune, DLA Piper180 cooperate with JAR. The NGO attempts to increase the number of partner companies by offering pro bono opportunities for lawyers. Besides pro bono lawyers’, the organisation also invites volunteers and interns to complement the staff. The case of JAR reveals the tendency that foreign companies or foreigner- related institutions cooperate with NGOs which specialize in helping foreigners in Japan. However, the organisation faces a lack of human resources. In this case, the cooperation with private companies is more vital to JAR as it provides the necessary expertise and financial support for the NPO. By reasoning with insufficient number of staff members, the respondent refused to answer the questions. Thus, it is unknown what are the motives and benefits for the private companies to cooperate with JAR. AMDA International Medical Information Center, discussed in 2.3 section, also serves as the example illustrating cooperation between the private sector and civil society. Though the NPO is managed by Japanese nationals, foreigners from more than 100 countries participate in the activities of the association. It also relies on membership fees, donations, and subsidies. The organisation is in need of foreign staff in the regions remote from Tokyo. 181 Due to wide network, business organisations cooperate with AMDA as it provides information or coordinates other companies employing foreign nationals and helping them to acquire minimum health care services. MIC Kanagawa was established in 2002 to serve as a civil medical association. It gained the status of a specified NPO organisation right after the foundation. According to the respondent, she explained the fulfilment and proper submission of necessary requirements to be the main cause of such quick authorisation.182 This association aims to assist foreign nationals to attain medical treatment and health insurance who struggle to receive it due to language barriers. In this relation, MIC Kanagawa trains medical interpreters and dispatches them to different regions. MIC
179 “Supporting Refugees in Japan - Japan Association for Refugees,” accessed February 25, 2017, https://www.refugee.or.jp/en/. 180 Ibid. 181 “電話相談 - AMDA 国際医療情報センター,” accessed April 11, 2017, http://amda- imic.com/modules/activity/index.php?content_id=13. 182 Sachiko Ijima, “MIC Kanagawa,” April 27, 2017. 41
Kanagawa cooperates with schools as well as private organisations and dispatches MIC volunteers there. According to 2015 financial report, MIC Kanagawa only collected ¥1,423,000 from membership fees, both individual and association, in contrast to contributions which amounted ¥9,784,00183. More natural persons tend to support this organisation. Furthermore, some of the foreign companies financially support the organisation as a result of their corporate social responsibilities (CSR). Unfortunately, the number of regular financial supporters is decreasing. The respondent admits that acquiring certified status (nintei status) positively affected their social reputation which attracted more financial supporters and governmental subsidies. Medical interpreters with a certain level of medical knowledge and language skills are in demand. The respondent also notes an insufficient number of speakers of certain minority groups. 184 MIC Kanagawa closely cooperates with local pro-foreign NPOs. According to the respondent, there are a number of organisations which assist foreign nationals with their Japanese learning, child education, and documentation. Thus, when they are in need of medical services, the organisation provides foreigners with information about more specific services and organisations relevant to them. The respondent notes that the main issue which has remained for years and is still relevant – fluctuating financial resources. Without sufficient capital and funds, they cannot continue their activities. Moreover, another major issue is attracting new members. Interpreters with a certain level of medical knowledge and language skills of minority groups are in demand. The respondent notes that Japanese people rarely interact with foreigners which results in their indifference towards them. The fact that it provides medical services might explain why the government and private organisations financially support MIC Kanagawa. Aging society and Japan’s expenditure on health care directly relate to the interaction of civil associations and private organisations.185 The case of this organisation confirms the assumption that private organisations are more likely to cooperate with medical NPOs and NGOs which could provide necessary medical expertise and human resources.
Besides these NPOs, there are numerous labour unions and smaller officially unrecognised civil groups oriented at foreigners and their integration. The majority of organisations presented in this chapter were established in the 1980s. However, a significant number of them were officially approved only in earlier or late 2000s. Cooperation with governmental institutions and business companies mainly depends on the type of activities performed by the organisation. Governments’ willingness to cooperate with medical NPOs confirms the statement of Jeff Kingston that the
183 “2015 年度 会計報告.” 184 Ijima, “MIC Kanagawa.” 185 Nicolaus Henke, Sonosuke Kadonaga, and Ludwig Kanzler, “Improving Japan’s Health Care System | McKinsey & Company,” accessed May 4, 2017, http://www.mckinsey.com/industries/healthcare-systems-and-services/our- insights/improving-japans-health-care-system. 42 government intends to use these NPOS for ODA. Unfortunately, bigger associations located in Tokyo region can claim of such cooperation. There is also a variety of NPOs which focus on nurturing multicultural society, however, only some of them engage in lobbying. Furthermore, the number of NGOs cooperating with legal entities is growing. According to the respondents, the 1998 NPO Law provided more opportunities to receive nintei status. An organisation, authorised as a certified NPO, earns more social trust which may lead in expanding network of partner organisations. Such status also positively contributes to attracting financial donors. Insufficient number of staff members and the necessity to secure funds are the key issues named by 90% of respondents (7 out of 9). Medical NPOs, such as Asian Health Institute and RINK, emphasize the old members’ age and absence of young successors as major problems as well. Nonetheless, the growing number of organisations oriented at foreigners and their integration into Japan’s civil society reflects signs of transforming into a ‘healthy’ ecosystem of civil associations. Cooperation with legal persons also reveals the incentive and necessity for the survival of both, Japanese civil society and the market sector.
43
PART III JAPANESE NGOS MONITORED BY FOREIGNERS
There have been a number of recorded xenophobic cases or utterances towards foreigners in Japan. It has been still criticised for maintaining homogenous ideology despite Japan’s active participation in the international arena. Thus, the question, whether foreigners, who intend to establish a civil organisation, face any additional barriers or obstacles, is of interest. By looking through the perspective of the relationship between the government, the private sector, and civil society, the following samples reveal what issues NPOs, established by foreigners, encounter.
3.1 Interaction of foreign NPOs and the government In the previous chapter, 2.3 section, three types of communication between the government and civil associations have been emphasised: 1) Civil society balances the government 2) Civil society aims to influence political decisions 3) Civil society functions independently but cooperates with the government The following examples illustrate that the type of NPO may determine the relationship with the government. The International Community School was established by Cheiron McMahill, PhiD at Western Washington Member, in 2000. The original idea was to create a multilingual school. At that moment, the organisation encountered the lack of staff and funding resources. As a result, it sought to achieve the status of NPO to earn more social trust. The institution provided primary education in English, Portuguese and Japan, while the organisation attempted to diversify language options. It was a predecessor of the NPO project – Multilingual Education Research Institute NPO. Unfortunately, the institute ceased to function in 2013. The interview with the respondent revealed that the International Community School (ICS) had a complicated relationship not only with the government but with the population as well. It has been criticised by the members of other minority groups for not being a proper NPO186. As a result, there were suspicions that the ICS was a tool to earn a personal profit.187 ICS illustrates previous and still present distrust and negative attitude towards civil associations. The interviewee enumerated problems encountered due to her nationality during the contact with Japanese administrative institutions. ICS was continuously examined by the authorities. Accommodation and asset purchase procedures were diminished by continuous refusals from Japanese officials. Regardless of the university degree and sufficient financial resources, the founder of the former ICS was refused by a Japanese bank official: ‘We
186 Cheiron S. McMahill, “Valuing Minority Children and Their Languages In Japan: Discourses and Identities in A Portuguese, English, and Japanese Community Language School” (In partial fulfilment of the Requirements for the Degree of Doctor of Philosophy, Lancaster University), 71, accessed March 18, 2017, https://www.academia.edu/15588728/Valuing_Minority_Children_and_Their_Languages_in_Japan_A_Case_Study_of _a_Portuguese_English_and_Japanese_Community_Language_School. 187 Cheiron McMahill, “The International Community School,” March 18, 2017. 44 don’t like to loan to anyone who is not a Japanese citizen, because if you default on the loan, you can just leave the country’188 . Inability to rent or buy necessary accommodation affected the internal unity of the NPO members. The cooperation with other NPOs was one of the key reasons which contributed to the 13-year ICS existence. Even though Associations and Foundations (Ippan Shadan Houjin and Ippan Zaidan Houjin), Public Interest Associations and Foundations (Koueki Shadan Houjinand Koeki Zaidan Houjin), and Special Non-profit Corporations law complemented the NPO LAW (1998), it would hardly contribute to the NPOS like ICS which did not have assets. The interviewee is convinced that schools which concentrate only on one minority groups benefit from these laws. After handling the NPO to another individual, eventually, it was dissolved in 2013 due to failure to provide proper annual financial reports. Interestingly, traditional gender roles and capitalism rooted in the Japanese society were other crucial factors which resulted in the deterioration of the intraunity of the ICS board members. Ideology and personal aspiration was the major driving force which helped the NPO to operate for 13 years regardless of the financial deficits. Furthermore, distrust of minority groups, rooted stereotypes, negatively affected the ICS integrity. Among, one of the key factors was distrust from the authorities which hindered the development of the NPO. As pointed by the respondent, despite her personal education and achievements, she faced hostility from the governmental and private companies for her foreign nationality. Another key factor which perhaps caused constant surveillance of the organisation was the field of activities, i.e. it was organisation specialising in education. Thus a foreigner, who establishes a multilingual or multicultural school naturally attracts government’s attention taking into account that it is established in the society where homogeneity has been advocated. Taking into account that this NPO was established in 2000, the ICS served as an opposing factor to nationalistic statements and the idea of ‘homogenous nation.’ It explains why the ICS received hostility from the government. To sum up, it functioned as the balancing organisation to the government. Tokyo English Life Line (TELL), established in 1973, functions as a suicide prevention line. It provides mental support for foreigners.189 It operates in 19 prefectures. Most of the offices are located in Tokyo (67) and Kanagawa (22), other cities, such as Kyoto or Osaka have relatively 6 or 9 offices. TELL also provides crucial information and contact credentials about other NPOs. Though the organisation operates already for 40 years, it was able to gain the certified NPO status only in 2013. Such late recognition is the result of complex bureaucratic procedure: nintei status is difficult to obtain and retain.190 TELL is mainly supported by individuals, however, this seems to be the outcome of their particular fundraising campaign. Nonetheless, the respondent emphasises the
188 Ibid. 189 “History | TELL Japan,” accessed April 11, 2017, http://telljp.com/about/history/. 190 Roberto De Vido, “Tokyo English Life Line,” June 3, 2017. 45 need to alter the balance and stabilise funds. Due to the specifics of the NPO, the significant majority of members are comprised of foreigners (80 of 120 total members). All of them are long- term foreign nationals, mainly originating from the West Europe, the US, and Australia. Both, profit and other non-profit organisations cooperate with TELL. The key challenge and top priority in 2017 for Tokyo English Life Line remain fundraising. The executives of this organisation did not experience any specific discrimination from the government unlike the case of the ICS founder Cheiron McMahill. Therefore, it does not attract much government attention. The respondent admitted that not only foreign NGOs but Japanese non-profit organisations in the overall struggle since the government ‘does little to support them’191. Since this organisation does not work in the education field, i.e. it does not threaten the education of nihonjinron, the essence of being Japanese. Thus it might explain why TELL maintains neutral relation with the government. Since it focuses mainly on assistance to foreigners, it does not cause suspicions about it being a threat to the Japanese population. Thus, government’s neutral attitude permits TELL to function. Certainly, the cooperation with a wide network of civil associations and private companies contribute to the successful operation of the company. However, issues, such as stable funding, affect its capabilities to expand more and serve wider network of foreigners. To sum up, its relationship with the government may be defined as balancing the government. Second Harvest Japan, an NPO, founded by Charles McJilton in 2000, serves as another example of a civil organisation which hardly maintains a beneficial relationship with the governmental authorities. The NPO provides food for people with low income, homeless people, single mothers, elderly people, children homes, and foreigners.192 The status of an NPO status (they still do not possess nintei status) did not have a significant influence in attracting more financial sponsors, but it gave 2HJ more legitimacy. The respondent did not name any specific obstacles for establishing civil organisation due to his foreign nationality. He elaborates that though staff consists mainly of Japanese nationals (80%), Japanese evade becoming voting members. The low number of members and relatively small budget justify this fact. The respondent names several key important issues preventing the 2HJ to further expand their activities. Social distrust of NPOs is one of the major issues. Governmental institutions underestimate civil organisations as well. As a result, 2HJ does not get access to informational databases about the groups in need of 2HJ services.193 Strict tax laws and policies trouble the acquisition of the status of a certified NPO organisation.194 Small organisations with a low number of supporters, staff, and low-budget have fewer chances to acquire
191 Ibid. 192 “The History of Second Harvest Japan｜About Us｜SECOND HARVEST JAPAN,” accessed February 25, 2017, https://2hj.org/english/about/history.html. 193 Charles McJilton, “Second Harvest Japan,” April 13, 2017. 194 “Criteria for Nintei NPO Status,” 有限会社サテライト・オフィス（東京）, accessed April 13, 2017, http://www.satellite-tokyo.com/14914537262067. 46 it. Strict public funding policies are another major obstacle. Disregard of organisation’s completed projects and absence of reward for efficiency function serve as great impediments. The respondent elaborates that the government is interested more in transparency which leads to creating more bureaucratic obstacles for NPOs.195 These bureaucratic hindrances deprive the NPO of attaining the authorisation as a certified NPO as well. Even though the government does not interfere with the NPO‘s activities, its distrust directly affects 2HJ. Thus, such factors define Second Harvest Japan as a balancing organisation. Finding an NPO, established by a foreigner, which would actively cooperate with the government, might be a challenge. Though such possibility should not be excluded, the previous cases reveal that majority of civil associations, either they are established by foreigners or supervised by Japanese nationals, cannot claim to maintain a positive relationship. Unless they operate on the international level or function as medical NPOs, they act as balancing actors against the authority of a state. 3.2 Fostering cooperation between the private sector and foreign NPOs Active cooperation with the private sector is another key factor which contributes to development and effectiveness of civil society. The question whether an NPO, established by a foreigner, can maintain a positive relationship with the business sector and, therefore, affect the development of civil society, is of primary interest. The previously discussed case of Second Harvest Japan also illustrates the relationship of an NPO and the private sector. There are a relatively high number of foreign supporting members as well as domestic private companies. The respondent clarifies that such number is rather the result of personal relations.196 Due to several reasons, business corporations cooperate with 2HJ. It receives food and financial donations from 431 food companies. On its behalf, the NPO delivers food to 320 welfare agencies. 197 In the case of this non-profit association, 2011 earthquake served as a key factor for the organisation to receive bigger donations from the foreign companies. For example, British Airways donated 2HJ ¥20,164,000.198 Furthermore, the organisation communicates with local food banks as well. The universal field of activities explains why the private sector is willing to cooperate with the organisation. Besides international affairs and medical services, there is another field which unites civil associations and the private sector – the commerce with the United States. The case of the American Chamber of Commerce in Japan (ACCJ) illustrates the example of cooperation between the private sector and Japanese NPOs. ACCJ was founded in 1948 by representatives of American
195 McJilton, “Second Harvest Japan.” 196 De Vido, “Tokyo English Life Line.” 197 “The History of Second Harvest Japan｜About Us｜SECOND HARVEST JAPAN.” 198 SECOND HARVEST（セカンドハーベスト・ジャパン）, “活動内容・実績 | SECOND HARVEST（セカン ドハーベスト・ジャパン）,” accessed April 18, 2017, http://2hj.org/activity. 47 companies to promote commerce between the US and Japan.199 It claims of uniting more than 3500 representatives of 1000 companies. With the help of three offices in Tokyo, Nagoya, and Osaka, it maintains and develops its network of activities. One of the key reasons why the company has succeeded in developing its network is the importance of ACCJ to Japan’s market. Besides companies, both, the US and Japanese, governments engage in joint activities with the centre. The importance of this NPO is indisputable regarding the US financial support to the Japanese market after the Occupation in 1945. Its main advocacy principles include free market principles, business transparency, US-Japan Economic Integration and Regional Leadership, and Corporate Social Responsibility (CSR). Though the organisation clearly gives priority for assisting American companies, which operate in Japan, developing CSR is the link factor which encourages the ACCJ to cooperate with Japanese companies. As previously noted, respondents of NPOs named CSR to be the main cause for private companies to cooperate with Japanese civil associations. In order to achieve these goals, the ACCJ maintains two-channel interaction with governmental authorities. It practises Diet Doorknock, three-day meetings with the Diet and Cabinet members to negotiate policy recommendations. On behalf of the US government, board members communicate with the US Embassy and arrange Washington Doorknock meetings to negotiate the implementation of their proposals200. Thus, the strong stance and importance of the US and Japan’s relations grant the NPO privilege to affect Japan’s market. If other Japanese NGO cooperated with the ACCJ, it would certainly improve their relations with the private sector, which would contribute to the nourishment of Japanese civil society as well. In conclusion, corporate social responsibility (CSR) is a key factor encouraging business companies to cooperate with non-profit associations. It reveals that the business sector is gradually becoming more aware of the necessity to maintain such relationship and its long-term effects on the entire population. Furthermore, in presence of such relations, both players, the private sector and civil society, could achieve significant results.
199 “About the ACCJ,” The American Chamber of Commerce in Japan, accessed May 10, 2017, http://www.accj.or.jp/about-the-accj.html. 200 “Advocacy Overview,” The American Chamber of Commerce in Japan, accessed May 10, 2017, http://www.accj.or.jp/advocacy-overview.html. 48
3.3 Prospects to improve Japan’s civil society 1998 Law To Promote Specific Non-profit Activities was a long-awaited legislation to ‘legitimise’ Japan’s civil society. However, with its enactment, new challenges arose. Multiple NGO networks continuously analyse the situation to present improvements to the nourishment of Japan’s civil society. Problem-solving should be a subsequent step only after enumerating issues and challenges. However, Japan’s NPO are not always capable or willing to do this. In her interview with Mathew Hernon for Japan Times December 17, 2016, Ms Sarajean Rossitto, Tokyo-based NGO consultant, welcomed the enactment of the 1998 law.201 Until then, the civil associations did not have a legal environment for their activities. The consultant mentions that NGOs still have a relatively poor public image. Population and big companies often value voluntary groups working with the government more rather than non-profit organisations. 202 During our interview, the respondent named strict bureaucratic requirements to be the reason explaining why a number NPOs established in the 1980s and 1990s received the official recognition only in late 2000s. In earlier sections of the thesis, the findings of Koichi Hasegawa and Robert Pekannen should be noted. They claimed that smaller organisations avoid applying for the official recognition in fear of losing independence. The respondent explained that it might have been the case with specific organisations which preferred leaving limited government access to their activities and donors. Political organisations, such as human rights NGO IMADR, express concern about being silenced and surveyed. However, these reasons are not applicable for the majority of civil associations. The status of a certified NPO organisation helps to attract mostly corporate donations; governmental subsidies are not guaranteed even acquiring nintei status. Moreover, the respondent notes that domestic donors are poorly aware of the bureaucratic provisions regulating tax exemptions. Specifically, the official recognition mainly improves the public image of an organisation and facilitates social trust. This statement is supported by the representative of the Asian Health Institute. The law contributed to earning social trust. Consequently, higher trust directly raises the number of supporters. In response to the question, whether foreigners, interested in establishing an NPO in Japan encounter any additional barriers or discrimination, the NGO consultant does not enumerate any203. The respondent names limited power and civil associations’ interest to be the key causes for low participation as interest groups in policy making process. Furthermore, the majority of non-governmental and non-profit organisations concentrate on social welfare activities rather than initiating governmental policy proposals. Regarding the NPOs’
201 “Charity in Japan Begins at Home.” 202 Ibid. 203 Sarajean Rossitto, “Japan’s NPOs and NGOs,” March 30, 2017. 49 financing, 85% are donated by corporate persons. Companies’ support, therefore, facilitates the public image of an organisation in dealing with stereotypes. Three additional laws enacted in 2008 are welcomed, but Ms. Rossitto admits they are incomplete in order to have a significant improvement for Japan’ civil society. 204 Insufficient oriented planning, limited marketing, and outreach are the challenges for modern civil organisations. Besides these issues, the hierarchy among the bigger professional corporations and smaller volunteer and non-governmental groups negatively affects the internetwork of Japan’s civil society. Furthermore, there is still a relatively negative approach towards the non-profit sector. However, the consultant explains that this is partially the fault of organisations’ public campaign. In some cases engaging the larger community in the activities seems to be a tiresome task due to present taboos and old social customs.
Japan NPO’s 2015 report concludes that the overall number of civil associations within a cumulative year has decreased, while the overall number of NPOs in Japan keeps rising.205 The majority of NPO is located in Kanto region, specifically, focusing around Tokyo Prefecture. However, the NPO sector is still not as developed as in the West Europe or the US. Japan’s NPO Center executive director Katsuji Imata noted that with the myriad of civil associations, the society is still fragile. Some NPOs avoid engaging in lobbying in order to avoid political ostracism.206 Cooperating with international non-profit and non-governmental organisations would contribute to the development of Japan’s civil society. Due to insufficient language capabilities, such interaction is limited. As a result, the achievements and activities of Japan’s NGOs are not well known internationally.207 A significant number of Japanese NGOs directed to the international sphere, specifically, humanitarian aid for the developing countries in Africa and Asia. In contrast, there are a much lower number of organisations which concentrate on foreigners’ incorporation domestically. The 2016 survey conducted by Japan NPO Center also seconds the findings of this research project. It is necessary to expand human resources, especially full-time staff, and encourage the participation of younger generations of the society to succeed the activities run by elder members of the organisation. However, aging society and employers’ unwillingness to shift towards more flexible and shorter work hours also prevent the expansion of staff members.208 Establishing the network to secure funds is another priority to keep NGO network functioning. Welfare-oriented smaller organisations in some cases fail to comply with the administrative
204 Ibid. 205 “2015 年度ＮＰＯ支援センター実態調査 報告書” (認定特定非営利活動法人日本ＮＰＯセンター, 2016), 5. 206 “Charity in Japan Begins at Home.” 207 Ibid. 208 “2015 年度ＮＰＯ支援センター実態調査 報告書,” 82. 50 requirements.209 It is necessary to maintain the interaction between diverse civil associations and business sector. Though such phenomenon is attaining progress, the hierarchy between these organisations still interferes with finding common goals. Personnel training should be advocated in order to improve the overall effectiveness of an organisation. NGOs operating in smaller cities are in need of the support.210 Raising public awareness about NPOs should become one of the priorities. Education about NGOs, their importance and activities should dispel uncertainties and distrust among the society.
In conclusion, there are no official or any bureaucratic barriers for foreigners in organising an NGO or NPO. Foreign NPOs function independently, however, neither of them can claim of maintaining close cooperation with governmental organisations. It is noted that not only foreign NPOs but civil associations in general, share poor support of governmental institutions. However, individual cases (the International Community School’s founder’s Cheiron McMahill) suggest that foreigners still encounter contempt from Japanese governmental entities. However, such discrimination also depends on the type of activities performed by an NGO. In the case of Tokyo English Life Line, the executives, who are entirely foreigners, did not name any discrimination issues. Nonetheless, the executive director of the latter organisation indicated that in overall Japan’s NPOs are scarcely supported by the government. The private sector tends to cooperate with civil associations due to corporate social responsibility. Lastly, the 1998 Law and 2008 three additional laws provided more legal freedom for civil associations to act, but current strict bureaucratic requirements, a negative public image of NGOs, the hierarchy among bigger and smaller organisations interfere with further development of Japan’s civil society.
209 Ibid., 81. 210 Ibid., 82. 51
Conclusions
Regarding the evolution of civil society, Japan is still called a ‘developing country.’ There are over 52 000 NPOs and NGOs operating in Japan. The high number of international civil associations reflects the commitment to help ‘third countries’ and conveys Japan’s direction in foreign policy. On the other hand, the government does not invest into nurturing multiculturalism on the domestic level. Nonetheless, civil associations created by ordinary Japanese nationals reflect the signs of transformation to multicultural society. After the enactment of 1998 Law to Promote Specified Non-profit Activities, there has been recorded a surge of new NPOs and NGOs in Japan. The necessity of the legislation has been continuously discussed by NGO leaders. They conclude that though the law was anticipated, it was not sufficient in greatly accelerating the development Japan’s civil society. Universal NPO Law regulations for big and small NPOs hinder the authorization process of smaller organisations. Transparency means deprive smaller civil associations of acquiring necessary information about the target groups’ needs. The privilege of attaining nintei status improves social image of an organization for it to interact with other NGOS and attract financial supporters. However, not all long-time NPOs express the willingness to earn official recognition. The fear of governmental discontent and ostracism might suggest such phenomenon. Smaller organisations operating in distant regions from Tokyo and other heavily industrial areas note that nintei status did not affect them. It does not provide bigger chances to communicate and cooperate with the business sector or receive governmental subsidies. However, civil organisations with a wider network establish new connections with the private sector. Corporate social responsibility encourages business companies to cooperate with NPOs. Such cooperation reflects the need for the survival of both actors, civil society and the business sector. Pro-foreign civil associations, run by Japanese nationals, and the associations coordinated by foreigners, name the lack of human resources and unstable funding to be the current challenges. Aging society has a primary effect on certain NPOs, such as medical organisations. Low youth’s interest, low wages (if present at all), and still inflexible employment system prevent the members of NGOs to work full-time. However, social problems such as hierarchy and low awareness of NPOs also diminish such cooperation. Several political organisations aim to affect governmental decisions by cooperating with the UN. Furthermore, there is also a lack of incentive from the very civil associations to change their policies in order to improve public image. Upon establishing a non-profit organization, foreigners may not encounter any extra impediments. Nonetheless, single cases reveal that a high social status does not grant better treatment by Japanese officers. Due to still imprinted marks of the ideology of the homogenous
52 nation, foreigners might encounter contempt which prevents receiving loans or renting accommodation. Other cases of foreign NPOs reveal that the government maintains neutral attitude towards them as long as they do not interfere with the education system and politics. Medical NGOs and commerce-oriented NPOs share bigger support of the government. However, in the overall, Japanese NPOs are still poorly supported, and those, who concentrate on less relevant issues such as foreigners’ integration into Japan’s society, receive even less attention. Nonetheless, the struggle of Japanese NGOs to survive and expand their network manifests Japan’s gradual transcendence towards multicultural civil society.
53
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Appendices
Appendix 1
Respondent –Mr. Matsumoto (松本謡子), representative of World Vision Japan, March 27th, 2017.
Note. The respondent agreed to answer only to three questions. 1. WVJ has gained corporate status only in 1999 and recognised as Special Non-profit organisation in 2002. What were the cause(es) for such late recognition? Please specify them. 日本で「NPO 法人制度（特定非営利活動法人制度）が制定されたのは 1989 年 12 月で
すので、ワールド・ビジョン・ジャパンは翌年の 1999 年には特定非営利活動法人に認
証されています。2002 年に「認定 NPO 法人」として認定を受けるまでには、過去 2 年
分の活動実績をもとに審査を受ける必要があるため、認定が 2002 年になっています。
租税特別措置法により寄付金控除の受けられる「認定 NPO」に認定されます。詳細は
こちらをご覧ください。https://www.npo-homepage.go.jp/about
2. Do foreigners, who have addressed WVJ for help, join up as members? How many (approximately) foreigners work as members and volunteers? What would be the reasons for the increase/decrease of foreigners-members? ワールド・ビジョン・ジャパンではご支援者の皆さまに対して、
「外国人」としての登録をしておりません。
3. In the 2010-2017 period, what would be the key problems preventing the association to flourish? What are current challenges? Please specify them. 必要な支援を適切に届けることができるよう資金確保と人材育成をしていくことが重
要になっています。
Translation: 1. In Japan, the law defining specified non-profit activities was formed in December, 1989 (note. Here the respondent made a typing mistake, the correct date is December, 1998), and World Vision Japan was approved as a special non-profit organization in 1999. The examination must be taken and accounted for the past two years, likewise, the official certification took place in 2002. Donations to the organization can be tax-deductible. For more information see https://www.npo-homepage.go.jp/about.
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2. World Vision Japan does not classify supporters separately as ‘foreigners.’ 3. It is necessary to maintain proper funding and sufficient number of human resources in order to provide necessary support.
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Appendix 2
Respondent – Yuko Okuma, representative of Asian Health Institute, March 17th, 2017
1. Your association was founded in 1980. Did your organisation start to receive more donations since the enactment of Law to Promote Specified Non-Profit Activities in 1998?
Ans. Our organization started from the beginning as a non-profit organization and has gained social trust. So there was not a big change in the amount of donation before and after the enactment of the Law in 1998.
2. When did Asian Health Institute gain the status of Public Interest Foundation? What were the cause(es) for such early/late recognition?
Ans. AHI gained the status of Public Interest Incorporated Foundation in 2012. This is to fit the specified system of interest foundation (General or Public).
3. How would you evaluate your role as an interest group since 1998?
Ans. As mentioned in Q1, we have played a role as an NPO from establishment and tried to be accountable to our regular members the financial supporters.
4. Did receiving the status of certified NPO and Public Interest Foundation status help attract more financial donors?
Ans. We don’t very much think that status of Public Interest Incorporated Foundation itself helped to attract more financial donors. However, it surely boosted social trust of our organization, and eventually gained some more supporters.
5. What type of donors (natural or corporate persons) grant more donations? Are there regular donors?
Ans. AHI was originally founded on the basis of Christianity. So we have been largely supported by church based donation. Natural persons also understand our program and grant donations. We have a total 3625 regular Supporting Members.
6. What age groups dominate in AHI personnel?
Ans. 40s-50s
7. In these time intervals 1980-1990, 1991-2001, 2002-2012, 2013-2017 when was the biggest number of new registered members?
Ans. 1980-1990
8. Have there been more volunteers in your organisation since the introduction of the volunteer program in schools in 2000? Do you advertise your activities in public places besides the social networks?
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Ans. Yes, at least the word “volunteer” was spread among school children since then and AHI sometimes accepts a group of students from the local schools. Also we go to local schools for the delivery lecture as a class for international education. Yes, we make effort to introduce our activities in public places, too such as NPOs joint festival and other local events.
9. Do business companies or business associations cooperate with you?
Ans. Yes, some companies support us in donation or by collaboration.
10. Do foreigners, who have addressed AHI for help, join up as members? How many (approximately) foreigners work as members and volunteers? What would be the reasons for the increase/decrease of foreigners-members?
Ans. Yes, there are about 20 foreigners supporting as members, who are mostly AHI training alumni. We have introduced our activities through our website and social networks, but not really tried to call for members toward for the public in abroad.
11. In the 2010-2017 period, what would be the key problems preventing the association to flourish? What are current challenges?
Ans. Aging issue of our supporting members.
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Appendix 3
Respondent –Mr. Hayasaki (早崎), a representative of RINK, April 1st, 2017
1. Your association was founded in 1991. When did it gain the status of an NPO? What were the cause(es) for such late recognition? If you did not gain NPO status, what are the reasons? (In case of a negative response, please skip Question 3). 2. How would you evaluate your role as an interest group since 1998? 3. Did receiving the corporate status help attract more financial donors and governmental subsidies? 4. What type of donors (natural or corporate persons) grant more donations? Are there regular donors? 5. In these time intervals 1991-2001, 2002-2012, 2012-2017, when was the biggest number of new registered members? 6. Have there been more volunteers in RINK since the introduction of the volunteer program in schools in 2000? Do you advertise your activities in public places besides the cyber space? How? 7. In 2008, three additional laws were enacted: Associations and Foundations (Ippan Shadan Houjin and Ippan Zaidan Houjin), Public Interest Associations and Foundations (Koueki Shadan Houjinand Koeki Zaidan Houjin), and Special Nonprofit Corporations law. In 2015, the number of registered foreigners in Japan exceeded the 2 million benchmark. How would you evaluate these factors in regard of RINK? 8. Do business companies or business associations cooperate with you? In your opinion, why it is beneficial for them to cooperate with you? What do you receive in exchange? 9. Do other non-profit organisations cooperate with you? What are mutual benefits? 10. Do foreigners, who have addressed Rights of Immigrants Network in Kansai for help, join up as members? How many (approximately) foreigners work as members and volunteers? What would be the reasons for the increase/decrease of foreigners- members? 11. In the 2010-2017 period, what would be the key problems preventing the association to flourish? What are current challenges? Please specify them.
Answers:
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１．RINK は NPO 法人ではありません。NPO 法人にならない理由は、申請のための書類
作りなどが煩雑で、それを行う態勢がないからです。RINK は会員の会費が主な収入で、
事務作業などはすべて何人かのメンバーが交代で無償で行っています。
大阪は民間団体への補助金などがもともと多くありません。ですから NPO 法人になった
としても、それで寄付金が増えることはありません。
４．個人会員（年会費 3000 円）、団体会費（年会費（5000 円）、どちらも日本に住む外
国人の人権問題に関心のある個人や団体が RINK をずっと支えてくれています。
５．1991 年の結成以降、会員の数はあまり変わっていません。
６．増えていません。ホームページ以外に活動を知らせる方法はありません。
７．特に RINK には影響はありません。
８．会社などとの協力はありません。
１０．RINK の援助を求める外国人は生活に困窮していることが多いため、メンバーとし
て参加できる人は少ないです。事務局と登録通訳者に外国人のメンバーがいます。１０人
くらいです。とくに増加も減少もしていません。
１１．RINK は２５年間、中心メンバーや会員がほぼ変わることなく活動してきました。
核となるメンバーは６～７人ですが、高齢者が多いです。後継者がいないことが問題です
が、RINK での活動は完全に無償のボランティアなので、若い人にやってもらうことは難
しいです。
今のメンバーは、別の場所で生活のための収入を得ながら、平日に外国人と会い、役所な
どに同行して問題を解決する活動を無償で行っています。年金をもらっている人もいるし、
子育ても終わって生活にあまりお金がかからないので、こうした状態で活動ができていま
す。若い人にやってもらうならば有償にするべきですが、RINK の財政状況ではできませ
ん。
Translation:
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1. RINK is not an NPO. Document submission is difficult, consequently, RINK did not apply for the certification. Membership fees remain the main source of income, while some of the work is performed free of charge. In Osaka, even private companies receive few governmental subsidies, so even RINK became an NPO, it would not get subsidies. 4. Individual members (annual membership ¥30000), group membership fee (annual membership fee ¥5000) both, organisations are interested in foreigners’, residing in Japan, human rights problems. They have always supported RINK. 5. Since the establishment in 1991, the number of members has not changed dramatically. 6. The number of volunteers has not increased much. There is no other way to inform about the activities except by homepage. 7. RINK is not affected. 8. RINK does not cooperate with companies. 10. Foreign nationals seeking for RINK help, usually do not have permanent place of residence, so they cannot participate as members. There are approximately 10 foreigners who work in the administration and as interpreters. 11. During 25 years of RINK existence, the core members remained the same. 6 to 7 members work as the core members, but there are many elderly members. The lack of young successors is a problem. RINK activities are free of charge so young volunteers find it difficult to work without payment. Current members work in other places, so do not have much time to meet with foreigners and accompany them to governmental institutions on weekdays. Some elderly members have pension benefits and they have more time. When asked, young people would like payment for such activities, but RINK can afford it due to scarce financial resources.
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Appendix 4
Respondent – Mina Nishisaka, representative of WaNavi Japan, March 24th, 2017 1. Your association was founded in 2011, are you thinking about gaining the certified NPO status? We were founded in 2011 but only as a voluntary group. We became a General Incorporated Association in January2016. We are not currently thinking of gaining the NPO status. 2. Are there any financial donors? Are they domestic or foreign ones? We are not reliant on donors for our activities. 3. What age groups dominate in WaNavi personnel? 30s. 4. Do business companies or business associations cooperate with you? In your opinion, what would be the reasons for such cooperation? We have companies as clients. They ask us to do our Earthquake Preparedness Workshop for their employees. 5. What other non-profit organisations cooperate with you? We work with other non-profits according to projects. 6. Do foreigners, who have addressed WaNavi Japan for help, join up as members? In your opinion, what would be the causes for the increase/decrease of foreigners as participants? Yes, 6 of our members have joined as members after participating in our workshop. 7. Do you think the enactment of the Law to Promote Specified Non-Profit Activities enacted in 1998 and Associations and Foundations Law in 2008 have any effect on the structure and activities of your organisation? We are registered as a General Incorporated Association. The law has made it easier for us to be a legal entity. 8. In the 2011-2017 period, what would be the key problems preventing the association to flourish? Please specify and name the causes. None that we can think of now.
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Appendix 5
Respondent -- 飯島佐智子(Ijima Sachiko), represenattive of MIC Kanagawa, April 27th, 2017 1. Your association was founded in 2002 and gained the status of a certified NPO (nintei status) in the same year. However, other NPOs struggle for many years to obtain such status. Why did MIC Kanagawa succeed in obtaining this status so soon?
Seemingly there was no specific reason MIC Kanagawa gained the nintei NPO status soon. It’s just because MIC Kanagawa met the requirements for the certified NPO and submitted necessary documents properly.
2. How would you evaluate your role as an interest group?
As we are not sure what you mean by ‘interest’ group, let us answer this question as a non- profit organization.
We would say MIC Kanagawa is a pioneer in the field of the medical interpreter dispatch, cooperating with the Kanagawa prefectural government and hospitals and medical institutions in Kanagawa prefecture. We dispatch volunteer interpreters in the scheme where the three parties respectively take responsibilities. Also approximately 200 volunteers support this scheme by dedicating their language skills and time.
3. Did receiving the corporate status help attract more financial donors and governmental subsidies?
Yes, it did. In Japan having the cooperate status helps a group gain social credit in doing business with other organisations or in receiving governmental subsidies.
4. What type of donors (natural or corporate persons) grant more donations?
We receive donations mostly from natural persons (supporting members). For instance, in the 2016 fiscal year we received donations from 140 natural persons and 9 corporate persons.
5. In these time intervals 2002-2012, 2013-2017, when was the biggest number of new registered members?
If you mean ‘registered members’ for our membership, the biggest numbers are as follows:
79 individual natural persons in 2014; as for donors*, 211 supporting members in 2009, 14 cooperate persons in 2009.
*Donations from supporting members and cooperate persons are tax-deductible while regular membership fees for individuals are taxable because they have voting rights in the general assembly.
If you mean ‘registered members’ for interpreters, the largest number was 209 in late 2016.
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6. Have there been more volunteers in MIC since the introduction of the volunteer program in schools in 2000? Do you advertise your activities in public places besides the cyber space? How?
There has been no influence of the volunteer program in schools on our activities in any ways. There is no connection between the increase in the number of our volunteer interpreters in the past years and the school program.
There are all kinds of volunteer activities: some don’t require any special skills but others do. To be a medical interpreter, even on a volunteer basis, you need a lot of effort to acquire medical knowledge and language skills good enough for interpreting, and in fact you have to pass our selection process. So it’s not something you can join in if only you wish.
Also we mostly work only on weekdays when hospitals are open. Students are usually not available on weekdays as they have to go to school.
We recruit new interpreters through prefectural newsletters besides our website. Getting minority language interpreters is especially difficult, so we sometimes visit their community groups or use our personal connections to find new ones.
7. In 2008, three additional laws to the main NPO Law (1998) were enacted: Associations and Foundations (Ippan Shadan Houjin and Ippan Zaidan Houjin), Public Interest Associations and Foundations (Koueki Shadan Houjinand Koeki Zaidan Houjin), and Special Nonprofit Corporations law. How would you evaluate this factor in regard of Japan’s civil society? We are afraid we are not in the position to comment on this point, which has little to do with NPO activities. 8. Do business companies or business associations cooperate with you? In your opinion, why it is beneficial for them to cooperate with you? What do you receive in exchange?
Some foreign companies in Japan made donations to us as part of their CSR activities.
9. Do other non-profit organisations cooperate with you? What are mutual benefits?
There are many non-profit organisations and volunteer groups in Kanagawa for helping foreign residents with their Japanese study, child education, paperwork at local government offices and other things on a more local basis. When those organisations find someone needs an interpreter for hospital visit, they call us or call the hospital to arrange the interpreting service for that person. When we find our patients look for a Japanese language class, for example, we give them information on those classes.
Each organization has their strong areas. By giving foreigners information on each other’s activities, we can meet their specific needs more efficiently.
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10. Do foreigners, who have addressed MIC Kanagawa for help, join up as members? How many (approximately) foreigners work as members and volunteers? What would be the reasons for the increase/decrease of foreigners-members?
We have no statistics for your first question because we don’t accept requests for medical interpreters from individuals but from our partner hospitals.
We do dispatch interpreters to public organisations upon requests from foreign residents but these cases are few.
For your second question, please refer to the page 15 of the document I sent you last Friday. Japanese is a foreign language to 33% of 188 interpreters in average as of April 2017; 56% in the Chinese group, 91% in Tagalog, 50% in Vietnamese.
Many of them say that they were helped by others in their early days in Japan, and the Japanese nationals were supported by others when they lived in other countries. All of them are now willing to help others in local communities while they have time and skills to do so.
11. In the 2010-2017 period, what would be the key problems preventing the association to flourish? What are current challenges? Please specify them.
The biggest problem was and still is financial instability. Being a non-profit organization, we don’t have enough capital accumulation or funds to keep our activities sustainable in the years to come. Our another task is to increase Japanese people’s interest in foreign resident support activities, for the majority of them have no direct contact with foreigners in their daily lives and don’t take foreigners as their community members. So we try to appeal to the society, taking possible opportunities.
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Appendix 6 Respondent – the founder of former International Community School, PhiD Cheiron McMahill, March 18th, 2017 1. In the dissertation (note. Valuing Minority Children and Their Languages in Japan: A Case Study of a Portuguese, English, and Japanese Community Language School), you mentioned that The International Community School was the project of Multilingual Education Research Institute NPO. However, members and parents of other ethnic minorities have accused the ICS of not being a proper NPO. Could you elaborate on this issue? Answer: I would say that the main issue was that very few people in Japan including the foreigners understood the concept of a non-profit organization. Charities had a reputation as being fronts for corruption in Brazil, Peru, etc. and in Japan, there is not a tradition of charities or donations or volunteering. To generalize, no one could believe I was that altruistic and there were many rumors that I was enriching myself through ICS, though in fact I cashed out my two retirement funds to help move the school from Tamamura to Isesaki, and also made up any monthly deficits through my own personal donations. 2. Does Multilingual Education Research Institute, as the mother NPO, still function? Besides personal reasons, what were other reasons for handing the ICS to another director? As far as I know, the NPO does not exist, or by law should not exist because the person who took it over failed to file the required financial and annual project reports. I handed it over because I did also feel strongly that I should empower the Peruvian and Brazilian communities more. I felt some conflict being a white American in charge of an NPO that was intended to benefit non-Western minorities in Japan, although I actually think everyone was comfortable with me in that role, for better or worse. I mean that because I was the only white American involved at the end, I was considered neutral by everyone. But I felt uncomfortable because my Spanish is not great and my Portuguese was poor. I thought it made sense for the directors to speak the native languages of the children and parents fluently. 3. Did the status of being a part of an official NPO help the ICS help attract financial donations and contributions in the 2000s until the dissolution? Did the organisation apply for the governmental subsidies? If not, why? Did the ICS receive any financial support from the government? 4. In 2008, three additional laws were enacted: Associations and Foundations (Ippan Shadan Houjin and Ippan Zaidan Houjin), Public Interest Associations and Foundations (Koueki Shadan Houjinand Koeki Zaidan Houjin), and Special Nonprofit
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Corporations law. In 2015, the number of registered foreigners in Japan exceeded the 2 million benchmark. Would you regard these factors as favourable to start the International Community School again? Do you think that now the governmental and society trust towards the school as an NPO would be higher? Why? No, I don't think these laws would help a non-profit like ICS because we didn't have land or other assets, and we were dedicated to charging on a sliding fee scale, and supporting all minority languages and cultures and not catering to a single nationality. The schools that have succeeded in incorporating using the above laws and becoming recognized as miscellaneous schools have catered to educationally aspiring and more affluent parents of a single language/nationality. 5. In comparison with the 2000s, what do you think would be the key challenges/obstacles to establish such school/NPO in 2017? What are the reasons for the intention/refusal to start this school again? I think that without something like a Charter School law as some states have in the U.S., with guaranteed access to annual funding and accreditation/recognition equal to Japanese state schools, a school like ICS cannot make it. I think I held ICS together with sheer passion and it became a labor of love and a place like a family for those involved. It satisfied a cultural, emotional, and psychological need for the staff and parents, but when I went against their consensus and tried to emphasize helping poorer children more and more through government grants rather than through charging tuition, it opened up a division between us and the community broke apart. I tried to keep running it for two years after that in Isesaki, but those involved no longer had that emotional motivation to pull together and sacrifice- it became just a job for them. So the conclusion is that although we managed to cooperate and trust each other across linguistic and cultural barriers, in the end, social class and gender ideology differences broke us apart, as I come from a working class background and have socialistic and feminist leanings, while the other staff and NPO members were from the middle class and took capitalism and traditional gender roles for granted. I think many language immersion schools end up being vehicles for empowering the elite in this way..I am pretty pessimistic about it now. 6. Did you encounter additional obstacles as a foreigner in establishing the NPO? Do you think that now, as a foreigner, it is easier to establish the NPO in Japan? Yes, often neighbors of the school would call the authorities to complain about us; we were investigated again and again. It was almost impossible to rent or buy appropriate buildings, which lead to many of the conflicts that tore us apart, as we had to depend on a coordinator's Japanese father-in-law to get our space in Tamamura, which ended up with her quitting in rage when I moved the school to Isesaki. I tried to buy a building in my name in Isesaki to stabilize the school and could not get a bank loan, though I was a tenured professor with a high salary; it was obvious that
74 the reason was that I was a foreigner; the bank officer told me directly, "We don't like to loan to anyone who is not a Japanese citizen, because if you default on the loan, you can just leave the country." That contributed to my feeling of resignation, that if other foreigners did not step in to keep the school going, I would just let it finally die, as I myself was ultimately powerless in Japanese society. 7. If you were to launch the International Community School again, would you participate as an interest group? Please explain. No, I would just send my donations! I ended up moving back to the US for my two younger daughters' education last year, after I realized ICS could not succeed, and after we tried sending them to a private international school in Saitama that cost 2 million yen each a year (which we could not really afford). I gave up my tenured position and have endured much culture shock, loss and diminishment in this decision, but it has been the best thing for my children. After all I gave up, and all I have sacrificed for the education of my own children and the children of others, I have to say I would not launch it nor believe it could succeed again. I truly found the limit of what is possible in Japan. 8. Did the ICS cooperate with other language schools or NPOs, business companies, and governmental institutions? Yes, we cooperated really endlessly! That was one of the reasons we did survive for 13years. There is a chapter in a book from Routledge that details one of our adventures with this, I recommend it to you! It is in Languages and Identities in a Transitional Japan (ed. Ikuko Nakane, Emi Otsuji, and William S. Armour).
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Appendix 7 Respondent – Roberto De Vido, Executive Director of Tokyo English Life Line, March 6th, 2017
1. Your association was founded in 1973. Did your organisation start to receive more donations since the enactment of Law to Promote Specified Non-Profit Activities in 1998? No. TELL (formerly Tokyo English Life Line) has always served a niche population segment and has marketed itself (both our services and our fundraising efforts) directly to that demographic. 2. Tokyo English Life Line has gained corporate status only in 2013. What were the cause(es) for such late recognition? Official nintei status is difficult to obtain and keep. Very few non-profit organisations have achieved this. 3. How would you evaluate your role as an interest group since 1998? We continue to serve our (underserved) community as we have done since 1973. 4. Did receiving the corporate status help attract more financial donors? Not much. 5. What type of donors (natural or corporate persons) grant more donations? Are there regular donors? Could you name what spheres these donors belong? Historically we have received more donations from individuals. This is more a function of our fundraising strategy than anything else. We are trying to shift the balance. 6. What age groups dominate in TELL personnel? Our staff and volunteers span all age groups. 7. In these time intervals 1973-1983, 1984-1994, 1995-2005, 2005-2017 when was the biggest number of new registered members? Our membership is historically (but not intentionally) limited to board members, plus a few others. Increased membership has not historically been something we have pursued. 8. Have there been more volunteers in your organisation since the introduction of the volunteer program in schools in 2000? Do you advertise your activities in public places? We require an extremely strong commitment from our volunteers. Students are not traditionally a source of volunteers for us. But yes, we do make efforts to raise awareness of our services in public places. 9. Do business companies or business associations cooperate with you? Yes. 10. Do other non-profit organisations cooperate with you? Yes. 11. Do foreigners, who have addressed TELL for help, join up as members? How many (approximately) foreigners work as members and volunteers? What would be the reasons for the increase/decrease of foreigners-members? Again, we have not historically pursued expanded membership. Roughly 80 non-Japanese
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work as staff members, therapists and volunteer phone counselors (out of a total of roughly 120). 12. In the 2010-2017 period, what would be the key problems preventing the association to flourish? What are current challenges? Fundraising has been and remains our most critical challenge.
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Appendix 8 Respondent—the founder of Second Harvest Japan, Charles McJilton, April 13th, 2017 1. Your association was officially founded in 2000 and gained the status of a specified NPO only in 2002. What are the causes for such late recognition? We operated as a loose coalition for 2 years. The purpose and direction of the coalition took time to sort itself out. In the summer of 2001 we wrote our first business plan and in March we held our meeting for the purpose to incorporate. 2. Did receiving the certified NPO status in 2002 help attract more financial donors and governmental subsidies? Hard to say. At the time I thought it was important in order for us to establish legitimacy. 3. Did you receive additional obstacles establishing the NPO due to your foreign nationality? None 4. How would you evaluate the role of Second Harvest Japan as an interest group? Not clear what this means 5. What age groups dominate in Second Harvest Japan personnel? We have 25 staff from all life-stages 6. In these time intervals 2000-2010, 2011-2017, when was the biggest number of new registered members? New registered members? If you mean voting members, the most we have had is about 30. 7. Do foreigners, who have addressed 2HJ for help, join up as members? How many (approximately) foreigners work as members and volunteers? What would be the reasons for the increase/decrease of foreigners-members? No, those who seek our assistance do not become voting members Currently 80% of our volunteers are Japanese There are a good number of voting members who are foreigners. This is more a reflection of my personal contact with them and a reluctance for Japanese to become voting members 8. Do you advertise your activities in public places besides the cyber space? How? We appear in the media. But we currently do not spend money on advertising 9. In 2008, three additional laws were enacted: Associations and Foundations (Ippan Shadan Houjin and Ippan Zaidan Houjin), Public Interest Associations and Foundations (Koueki Shadan Houjinand Koeki Zaidan Houjin), and Special Nonprofit Corporations law. How would you evaluate this factor in regard of 2HJ? None
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10. Do business companies or business associations cooperate with you? In your opinion, why it is beneficial for them to cooperate with you? There are a number of reasons companies cooperate with us. Mostly it comes down to CSR 11. Do other non-profit organisations cooperate with you? What are mutual benefits? Some do and some do not. 12. In the 2010-2017 period, what would be the key problems preventing the association to flourish? What are current challenges? Please specify them. 70% of Japanese distrust NPOs. Therefore, there is not a strong belief they add real value to the community or can be a partner to fill the gap. Government agencies do not take NPOs seriously or see them as potential partners. For us this is a huge issue because government agencies will not tell those in need about our services Tax laws and policies that prevent NPOs from obtaining 認定/nintei status. We still do not
have that status Regressive public policies regarding public funding. NPOs are required to carry the full cost of the program and only reimbursed at the end of the program after all receipts have been submitted, checked, verified, and approved. NPOs are required to get explicit approval for all parts of the proposed program prior to beginning the program and cannot deviate. NPOs are required to provide CVs of staff who will work on the project and all work must be done on site. (You cannot hire someone to do translation work at their own home.) The government is more concerned with transparency than outcomes. Lastly, NPOs are not rewarded for efficiency. We received a contract to produce a food bank manual and give lecture throughout Japan introducing the manual. Our original budget was ¥5 million. We managed to complete the project at around ¥3.6 million. Even though we delivered the agreed upon results, we were not “rewarded” for our effort. (In fact, in this case I am pretty sure the government was disappointed because it meant that their budget for the following year would be smaller.) People people that poverty exists outside of Japan and therefore there is not a need for our organization Because the NPO sector is so small, people are less likely to cooperate or share information There are so few professionals in the NPO sector that meaningful, high-level discussions do not take place
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Appendix 9
Respondent – Sarajean Rossitto, NGO consultant, March 30th, 2017
1. In your interview with Matthew Hernon from the Japan Times published on December 17, 2016, you have mentioned that 1998 Law provided a legal environment long-awaited in Japan. However, nintei status is difficult to keep. Many civil associations established in the 1980s or 1990s receive nintei status only in 2000s. What would be your explanation of such late recognition?
The previous law was very strict and so very few org could even apply. After the disaster many npos lobbied the govt - telling them the status would make it easier. To get ind and corporate donations. The number increased from less than 200 more than 1000 with tbe legal changes a few years ago.
2. Civil society researchers such as Koichi Hasegawa and Robert Pekannen have stated in their publications that smaller organisations refrain from applying for the certified NPO status due to the retain independence from the government. What would be your response to it?
That may be from older articles. Even 10 years ago this was true bit this is changed ng as the legal system adjusts. Some der movement type of orgs wanted to keep their donors and activites out of the govt hands for fear of being repressed. But not all of these orgs are political- like imadr and concerned about being silenced. Besides even peace boat and ashinaga - both well known and with long histories- still are not reg nonprofits . Maybe for many reasons - might be good to ask them.
3. Does nintei status help attract more financial donors and governmental subsidies? Or it depends on other factors?
Corporate donors mostly. Doesnt impact govt funds.
Most ind donors dont know the system well enough to claim tax benefits BUT in the eyes of many having nintei status seems more respectable
4. Are there any additional (unwritten) barriers for foreigners to establish their NPOs?
No none.
5. Is there a decrease/increase of foreigners as members in Japanese NPOs? What are the cause(s)?
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Not really. Maybe a general increase - if we consider there are more nonJapanese people here now and several older orgs have registered In the past 10 years.
6. How would you evaluate Japanese NPOs’ role as interest groups in policy making?
Limited power and Interest in advocating for better govt policy. Social welfares are still much higher in number than activist and advocacy oriented groups.
7. More business companies cooperate with local NPOs. Why such cooperation is beneficial for legal persons?
# 1 Funds really - 85% of private funds in japan come from the corporate community
#2 educating the public about the issues
# 3 getting rid of social stigma against group like the poor, women pwds nonJapanese etc.
8. How would you evaluate the enactment of three additional laws in 2008?
A step in the right direction but still incomplete.
9. What are the key challenges/problems that Japan’s NPOs face today? Are there solutions for them? Lack of objective oriented planning Limited Pr marketing and outreach
Gap between small local groups and large prof groups, the hierarchy between them. If these are solved they can bd better at resource mobilization and go beyond the Low social status.
10. There is relatively negative attitude or lack of awareness about NPOs in Japan. Do NPOs public awareness policies can be improved?
Yes this is a big problem. But this is partially the fault if org themselves. Sometimes i feel a Lack of interest in engaging broader society bec many subjects ate taboo and this is a viscous cycle:
- lack of promoting problems and solutions they are working on - lack of calling out bad orgs - lack of pushing better policies in a proactive way.
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