University of Hawaiii Library a Path Toward Gender
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UNIVERSITY OF HAWAIII LIBRARY A PATH TOWARD GENDER EQUALITY: STATE FEMINISM IN JAPAN A DISSERTATION SUBMITTED TO THE GRADUATE DIVISION OF THE UNIVERSITY OF HAWAI'I PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN POLITICAL SCIENCE DECEMBER 2002 By Yoshie Kobayashi Dissertation Committee: Yasumasa Kuroda, Chairperson Kathy E. Ferguson James A. Dator KateZhou Takie S. Lebra ACKNOWLEDGEMENTS I am indebted to many individuals and institutions for help with the writing of this dissertation. Singled out first for thanks are five professors at the University of Hawai'i, Manoa, who assisted me to shape the content of this dissertation. I am especially grateful to Yasumasa Kuroda, who was the supervisor of my dissertation and provided me essential intellectual and moral support and advice throughout the dissertation project. In a variety of ways, Kathy Ferguson's insightful criticism, comments, and copious and tireless editing during the dissertation process monitored the direction and clarified my arguments. James Dator and Kate Zhou were sources of substantive insight and personal encouragement throughout this dissertation project. I was also privileged to benefit from Takie S. Lebra's expertise in connecting a theoretical scheme with empirical findings. I also thank them for their support during my graduate school years. I appreciate the institutional support at the University of Hawaii, Manoa the Department of pOI~1 science and the Center for Japanese Studies. I gratefully acknowledge academic support from teachers of my undergraduate and master programs, although they were not directly involved in this work. For his comments and advice, I would like to express appreciations to Tanaka Yasumasa, who was my teacher of political science in GakushUin University, Tokyo and encouraged me to study in graduate programs in the United States. I also appreciate Youngtae Shin at the University of Central Oklahoma, who introduced me to the magnificent scope of gender politics, and has always been an enlightened teacher and a solid supporter. Many people also supported my research in Japan. I would like to thank the Institute of Social Science of the University of Tokyo with institutional support. I also 111 appreciate the kindness and guidance I received from Osawa Mari and Tabata Hirokuni, who were my sponsors during my affiliation with the SSI. All those I interviewed gave generously of themselves in conversations that invariably went over the time requested. Each interview contributed in an important way to my understanding of state feminism in Japan. I appreciate the critical comments on the Japanese EEOL from Asakura Mutsuko, the Tokyo Metropolitan University, Iwamoto Misako, the University of Mie, and Kuroiwa Y6ko and other female lawyers. I am also thankful for the critiques and insightful comments on my presentation of state feminism in Japan from the chairperson, discussants and other panelists of the Special Session of Women and Politics of the American Political Science Association on August 28, 2001. I appreciate Joyce Gelb at the University of City of New York for providing me with edifying and constructive advice and comments since I met her at the conference and during the time when I worked for her as a research assistant in Tokyo. Special thanks go to an ex-bureaucrat, Moriyama Mayumi. The first conversation with her in 1998 in her parliamentary office gave me a hint that not only state-society relationship but also two-level-analysis of international and domestic politics offer important keys to the patterns of gender politics in Japan. She kindly shared her precious time as a Minister of Justice to grant me an interview in October 2001 and July 2002. Without the conversations with her, this dissertation could not have been produced. Finally, I want to extend special thanks to my friends and family in Japan for their support. Especially, I thank for my parents who had given me unremitting encouragement to finish the Ph. D. program. While writing this dissertation, I was always thinking about my parents' sisters, Kobayashi Fumiko, Got6 Fumiko, who had IV lost their lives at the young ages in Tokyo only five months before the end of the war and belonged to the same age cohort with the first-generation women bureaucrats in Japan such as Moriyama Mayumi and Akamatsu RyBko. I would like to dedicate this dissertation to my three aunts, who could not see active engagement of Japanese women in policymaking for improving women's status and rights. v ABSTRACT This dissertation is the first study of state feminism in a non-western nation state, focusing on the activities and roles of the Women's Bureau of the Ministry of Labor in post-World War II Japan. While state feminism theory possesses a strong capability to examine state-society relationships in terms of feminist policymaking, it tends to neglect a state's activity in improving women's status and rights in non-western nations where the feminist movements are apathetic or antagonistic to the state and where the state also creates a vertical relationship with feminist groups. To apply the state feminism theory to examine activities of a state institute for women in non-Western nations, I created new analytical factors, domestic and international master frames, which show how policymakers and activists collaborate on policymaking at a domestic level and how policymakers utilize international standards to create the domestic master frame. Using the two-level-analysis of domestic and international politics in terms of creation of master frames together with the existing institutional and mobilizing structural variables, this dissertation presents a detailed study of the activities and roles of the Japanese women's bureau as an initiator and facilitator of gender equality in the process of agenda setting for the equal opportunity laws by utilizing international influence to persuade the opposition and as an interest mediator in the process of decision-making for them. The empirical evidence presented also demonstrates that the change of roles arose from the lack of the following factors: 1) limited resources and institutional capability caused by the marginalization of the women's bureau within the government, 2) the lack of a domestic master frame on the issue of gender equality between the women's bureau and women activists, and 3) the lack of mobilizing structures that provide women's groups vi the access to political decision-making to reflect their opinions. The combination of these factors hindered policymaking on gender equality and created a gradual and incremental progress toward gender equality in Japan. The way to gender equality in Japan is different from the western nations. Yet, this is a way that other non-western nations have also advanced and will follow in. vii TABLE OF CONTENTS ACKNOWLEDGEMENTS .iii ABSTRACT .iv LIST OF TABLES vi LIST OF FIGURES vii LIST OF ABBREVIATIONS viii CHAPTER 1: INTRODUCTION 1 1.1. Goals of the Dissertation 1 1.2. Women's Policy Agency .2 1.3. Previous Studies of Gender Politics in Japan 17 1.4. Two Conflicting Theories ofFeminism .21 1.5. New Analytical Framework of State Feminism in Japan .35 1.6. Organization of the Dissertation .47 CHAPTER 2: ESTABLISHMENT OF A WOMEN'S BUREAU IN JAPAN 52 2.1. Legal Reforms by the American Occupation Forces 53 2.2. Institutionalization of Women's Bureau in Govemment. 62 2.3. Organization and Policy of the Bureau of Women and Minors 70 2.4. Conclusion 79 CHAPTER 3: INEFFECTIVE ACTIVITY PRIOR THE INTERNTIONAL WOMEN'S YEAR 82 3.1. Women's Conditions in Employment before the IWY 83 3.2. Public Indifference to Gender Inequality in Employment before the IWY 92 3.3. Activities of the BWM before the IWY 103 3.4. Conclusion 107 CHAPTER 4: DEPARTURE FROM POLITICS OF PROTECTION: AGENDA SETTING PROCESS 111 4.1. Political Opportunity in the Agenda Setting 112 4.2. Framing Process between the BWM and Women's Groups 120 4.3. Activities of Political Agenda Setting by the BWM 128 4.4. Conclusion 141 CHAPTER 5: MEDIATOR'S ROLE OF THE WOMEN'S BUREAU: ACTIVITIES IN THE DECISION MAKING FOR THE 1986 EEOL. 143 5.1. First Stage: Establishment of the Deliberative CounciL 144 5.2. Second Stage: Equality with or without General Protection 156 5.3. Third Stage: Formulation of the Compromising Law 164 5.4. Effect of the Policymaking of the EEOL. 171 5.5. Conclusion 178 viii CHPATER 6: ACTIVITY OF THE WOMEN'S BUREAU FOR AMENDMENT OF THE 1999 EEOL 180 6.1. Effects of the Enactment of the 1986 EEOL. 180 6.2. Shortcomings of the 1986 EEOL. 183 6.3. Agenda Setting of the Amendment of the 1986 EEOL. 195 6.4. Activities of the WB in the Decision -making Process .205 6.5. Effect of the Policymaking of the 1999 EEOL. .210 6.6. Conclusion 218 CHAPTER 7: CONCLUSION 220 7.1. Theoretical Problems of State Feminism 222 7.2. Three Hypotheses and Japanese State Feminism 226 7.3. Theoretical and Substantial Contributions of the Dissertation 239 BIBLIOGRAPHy 253 ix LIST OF TABLES 1. Women Members in the Local Assemblies during 1955-1999 12 2. Women in the Judicial Branch during 1977-2000 13 3. Women on Top Ranking Positions in Bureaucracy during 1975-1999 14 4. Women on Management Positions during 1977-1999 15 5. Distribution of the Japanese Women Workers by Industrial Sectors during 1920-1990 84 6. Outline of the 1986 EEOL. 171 7. Application to the Mediation after the 1986 EEOL. 193 8. Comparison of the 1986 EEOL and the 1999 EEOL. 209 9. Comparison of the Labor Standards Law and Its Amended LSL. 209 x LIST OF FIGURES Figure Page 1. Change of Gender Consciousness during 1987-2000 10 2.