FOCUS ASIA-PACIFIC APRIL 2010 VOLUME 59 Focus Asia-Pacific Newsletter of the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA) December 2012 Vol. 70

Contents Editorial

Combatting Sex Trafficking in This is a brief review of the current government measures regarding sex trafficking to Japan. It discusses the problem Accountability and Protection of full implementation of the anti-trafficking plan and the complexity of the problem itself. It concludes with a plea for a better Whenever human rights are violated, the question of consideration of the situation of the victims themselves. accountability arises. Is the State a violator in these cases? Has - Christey West the State undertaken sufficient steps to bring the perpetrators to Page 2 justice? What measures are being put in place to prevent such violations from occurring again in the future? Domestic Violence in Japan – Support Services and Psychosocial Impact on Survivors This is a discussion of the situation of For the victims of the violations, are they given protection from victims of domestic violence and the further harm? Are these protection measures respectful of the institutions that provide services to them. It victims’ human rights? Will they get appropriate remedies for the discusses the different aspects of the consequences of domestic violence, and harm or injury sustained? the services of several local institutions in the Kansai region of Japan. In cases of trafficking, there are reports of victims being - Miriam Tabin Page 7 victimized again by State measures (such as when they are treated as criminals and subjected to deportation, or in the name Chinese Residents in Osaka: Facing a of protecting them, their movement is severely restricted). Even Dilemma This is a report on a research on the non-governmental institutions, aiming to help victims, may situation of the Chinese who have migrated unnecessarily expose them to the public or give them undue to Osaka, particularly those who have found employment and have children. It pressure to act on their cases. discusses the problems faced by Chinese parents regarding the education of their children on Chinese language and culture, It is indeed necessary to ask: Are governments aiming to resolve and the problems of working in Japanese the problems by focusing on their root causes? In trafficking companies. issues, governments in destination countries ought to look at the - Xinyi Li structures in place which are used to victimize trafficked people. Page 10 How far have they acted on the crime syndicates that traffic Human Rights Events in the Asia Pacific people and profit from them despite laws and campaigns against This is information on important human trafficking? rights events in the region. Page 15

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Combatting Sex Trafficking in Japan

Christey West

n 2004, the U.S. State after arriving back in their exploitation of children, and IDepartment placed Japan on country of origin.5 As a result enhancing action to eliminate Tier 2 Watch List1 for not fully Japan was taken off the ‘Watch child pornography; increasing complying with the minimum List’ and the number of efforts to provide guidance to standards for eliminating ‘entertainers’ entering Japan victims in a foreign language trafficking. Its 2004 Trafficking from the drastically including the possibility of in Persons Report states that decreased from 82,741 in 2004 supporting a Multilanguage “[c]onsidering the resources to 1,873 in 2009.6 hotline for victims; examining available, Japan could do much the total procedure including more to protect its thousands of However, the 2009 Action Plan identification and protection victims of .”2 The to Combat Trafficking in Persons policies for victims (including 7 report strongly advised the states that male victims) to repatriation Japanese government to while the number of victims assistance; examining the increase investigations, entering the country with the necessity of establishing a prosecutions and convictions of status of residence of bureau that handles policy trafficking crimes and to provide “entertainer” has decreased concerning TIP in an integrated better assistance to victims; as considerably, it has also been manner; and publicizing well as pursue efforts to suggested that cases of protection policies to potential prosecute the powerful trafficking in persons have victims.9 organized crime figures behind become more sophisticated the trade. Japan responded by and invisible. For example, The number of governtment- adopting the 2004 Action Plan there have been cases where identified victims of TIP to Combat Trafficking in Persons brokers and other perpetrators decreased from one hundred (TIP) which initiated traffic victims into the country seventeen in 2005 to just considerable efforts to improve by arranging false marriages so seventeen in 2009, but the law enforcement policies to that the victims may enter the Committee on the Rights of the 10 prosecute offenders, provide country with the status of Child sees this as a reflection additional resources for victim residence of “spouse or child of the inability of the Japanese protection in government-run of Japanese national” which government to keep up with the shelters, no longer treating has no limitations on their new sophisticated methods of victims as criminals; and work during their stay. trafficking and the inadequacy implemented significant reforms of its efforts to eliminate the 11 to tighten the regulations on the The number of marriages practice. Kaoru Aoyama, who issuance of entertainer visas between Japanese men and has done extensive research on from the Philippines to Japan,3 Filipino women jumped from trafficking into Japan, agrees which had been ‘a process used 8,397 couples in 2004 to that the legitimacy of these by traffickers to enslave 12,150 couples in 2006.8 This figures is highly debatable thousands of Philippine women new development caused the stating that they ‘are surely not in Japan each year’.4 The Japanese government to issue a an accurate reflection of the true government also began to revised plan, the 2009 Action number of victims given that out provide voluntary return and Plan to Combat Trafficking in of 100,000 illegal migrants reintegration assistance to Persons. living in Japan in 2009, only 17 12 victims including psychosocial victims of TIP were reported’. care, medical and legal The 2009 Action Plan With the details of Japan’s sex assistance, and follow up care incorporated taking stringent actions against the sexual industry largely hidden

2 FOCUS ASIA-PACIFIC DECEMBER 2012 VOLUME 70 underground, it is clear that cases of such women being foreign women), and that most more research is required in classified as victims of TIP.16 women working within the order to grasp the true scale of These women victims faced industry are doing so with free the situation. In 2007, the criminal trial and most were agency. There is no evidence to U N O D C f u n d e d a deported under the immigration date to suggest that trafficked comprehensive investigation law, while the provisions of the women make up more than a into the trafficking situation in Action Plan on protecting small proportion of women Japan. Aoyama led the research trafficking victims were pushed working in the entertainment while sex workers gathered data into “background completely.” industry, and prostitution is who, with an insider’s view of This demonstrates the only a part of that industry. the industry, quickly began arbitrariness of Japan’s judicial uncovering facts that process.17 In order to effectively On the other hand, conflating represented a more accurate provide protection for victims of ‘volunteer sex workers’ and description of the state of TIP, it is crucial that the terms victims of trafficking is affairs. Controversially, used are properly defined. problematic. A report states that however, as soon as the results the “ongoing debate on started surfacing the Japanese A 2004 report from the trafficking and prostitution is ambassador to the United International Labour increasingly driven by different Nations called on the UNODC Organization (ILO) provides an approaches to collecting, to terminate the project as important caveat on the issue of critiquing, and analysing data ‘Japan has no issue with Japan’s entertainment industry on these phenomena.” There is 18 trafficking so there is no point and sex work. It states a debate on many questions continuing the investigation’.13 Generalizations about the such as “What counts as The project was subsequently entertainment industry are trafficking? At what point does terminated and Japan managed dangerous. 'Hostessing' is an smuggling become trafficking? to save face in the international occupation unfamiliar to many And, what role does consent community. cultures, and many people play in both smuggling and 19 erroneously presume that trafficking?” Japan is the only G8 nation not hostessing includes the to have ratified the Protocol to At the same time, Aoyama provision of sexual services. explains that many rural Prevent, Suppress and Punish Statistical estimates are often Trafficking In Persons, Chinese women come to Japan sloppy or completely fail to via contract marriages (as Especially Women and differentiate between Children, Supplementing the opposed to ‘forced marriages’) hostessing (usually involving as it is now the safest way to United Nations Convention on conversation, pouring drinks, 14 work in Japan and provide an Organized Crime, insisting lighting cigarettes but no that it could not ratify the income for their families in physical contact or sexual China, and that they are happy Protocol “due to lack of service) and other sex work necessary legislation.”15 with their choice and relatively (including stripping and empowered, considering their prostitution). Given the size of Defining Issues and Terms lack of alternative options. the entertainment industry, it is It is vital that both law enforcers Defining a trafficked person can hardly surprising that clubs and staff at women’s shelters be problematic considering the range from the highly consider the complex dynamics existence of cases where some formalized elite to those which at play and most importantly victims of TIP are initially aware include sexual services the viewpoint of the women of the conditions of debt and at additional to normal hostessing they are ‘protecting’ when times prostitution when they are services. To be effective, any working to combat trafficking. recruited. In cases of women debate on trafficking must In any case, there is still the being deceived into ‘marrying’ grasp the enormous size and pressing issue of rescuing and their ‘husbands’ and struck with diversity of the Japanese rehabilitating those who do not unforeseen burdens upon entertainment industry, that it claim to be empowered but are arrival, there were reported employs an enormous number working under duress. of Japanese women (as well as

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Rescue and Repatriation said that considering the where a Japanese woman with a majority of women came to three year old son was forced Remarkably the Osaka Japan to provide remittances to by her husband, brother and Prefecture Gender Equality and their families in their home sister-in-law to have sex with Civic Cooperation Bureau countries, they tend to do four men each day for five stated that there has never been whatever they can to stay in months, in order to fund their a recorded instance of sex Japan, even if it means staying gambling habits as they were all trafficking in Osaka. They in an abusive marriage. unemployed. She was reluctant admitted the possibility that Counsellors at all shelters I to run away as they had some victims may be disguised visited asserted that trafficked threatened to harm her son who under false marriages but victims in forced marriages opt was in her husband’s custody, officially no cases had ever for ‘sticking it out’ or finding but one day managed to escape been reported. The 2012 another husband, rather than to her mother’s house who took 20 National Police Report, being repatriated home. her to the police. She is now however, declared twenty-five being cared for in a WCC victims of TIP in 2011, all of Prosecution shelter where she is severely whom, according to Asian traumatized and her son is in 21 People Together (APT) a Survivors of TIP usually stay for child welfare covered in scars shelter for abused women, around two months in a shelter which indicate brutal physical 22 Ikuno Gakuen and Hyogo before they are sent home or up abuse, most likely from his Women’s Consultation Centre to around six months if they are relatives. The perpetrators each 23 (WCC) , were repatriated, or staying on to participate in a received sentences of just three 25 deported as they preferred to trial. During this time, years for their crimes, including label it, back to their home however, they are not allowed the trial period. This, and the countries. The Japanese to work and earn an income, famous case of “Sony”,26 a government’s system of almost the sole reason they came to Japanese trafficker who brought inevitable repatriation with no Japan in the first place. The eighty Columbian girls to Japan option to stay on in Japan poses counsellor at Hyogo WCC also over eight months causing grave risks for survivors of TIP, revealed that the shelter feels immeasurable psychological and as Yuriko Oka, a case like a prison after a month as and physical damage and worker from APT explains, women are not allowed to leave received less than two years’ jail makes victims reluctant to seek under any circumstances. This time in 2003, are two examples help from law enforcers. Victims on top of financial concerns of the extremely lenient are anxious about the safety of leaves the women with little penalties Japan gives out to sex their relatives in their home motivation to stay on in Japan to traffickers. countries as they are often testify against their traffickers, threatened that their escape seriously hindering the Conclusion would endanger their families; prosecution process and leaving they suffer from isolation having perpetrators of trafficking largely The issue of rescuing victims of nobody speaking their mother free to continue their work TIP is no straight forward task. tongue in shelters, severe unabated. Identifying victims in the first financial pressure, as well as place is difficult as lines are health issues such as pregnancy The prosecution of brokers and blurred all along the sex work and risk of STIs and AIDS.24 The traffickers in Japan to date has spectrum when definitions of case worker stated that even if been nominal given the scale of willing participants, fake they suspect a foreign woman is the sex trade, even since the marriages or marriage contracts, trafficked during counselling, anti-trafficking policy and law economic migrants, illegal over- they usually protect her under reform in 2005. A publicly stayers and exploited slaves the Domestic Violence Law at undisclosed information on a overlap, and even the issue of the request of the victim herself, case, obtained by a researcher who actually wants to be because if she is seen as a through an exclusive interview rescued is highly disputed. How trafficked victim she will almost with a prefectural police officer, many women are held in certainly be sent home. She also revealed domestic trafficking slavery, hidden in the

4 FOCUS ASIA-PACIFC DECEMBER 2012 VOLUME 70 underground of Japan’s sex means to a livelihood which Endnotes industry and looking for an many women are willing to 1 The U.S. State Department opportunity to escape is near undertake and that must be defines Tier Two Watch List in impossible to calculate, but this respected. The Japanese the following manner: does not mean there is no need government should take Countries whose governments to continue initiatives to find measures to increase penalties do not fully comply with the and rescue them. The current for traffickers who exploit and [minimum standards of the judicial system in place does abuse women, and provide Trafficking Victims Protection Act], but are making significant provide ‘genuine victims’ with a better protection for those efforts to bring themselves into way out. The slight relaxation of working freely in the industry, compliance with those security by brothel owners can while at the same time taking standards AND: provide women with an initiatives to change the a) The absolute number of vic- opportunity to run to police unequal gender dynamics tims of severe forms of traf- where they can be treated as a prevalent in Japanese society ficking is very significant or victim and not a criminal, which perpetuate male is significantly increasing; referred to a women’s dominance over women. Law b) There is a failure to provide consultation center and enforcers should work closely evidence of increasing ef- repatriated to their home with sex workers to discover forts to combat severe forms countries. who the true victims of of trafficking in persons from trafficking are and ensure that the previous year; or However, in most cases they do not remain lost and c) The determination that a trafficked women do not want invisible in Japan’s illusive country is making significant to be labelled as victims and entertainment industry, but are efforts to bring itself into compliance with minimum would prefer to continue their safe and free to pursue the standards was based on work in Japan despite the meaningful work they desire. exploitative circumstances in commitments by the country to take additional future order to provide a better Christey West, a Master’s steps over the next year. livelihood for themselves and student of International their families. The current Development, specializing in Tier Placements, Trafficking in system in place to repatriate sex trafficking, at the Massey Persons Report 2011, Office To survivors of TIP home can University in New Zealand, was Monitor and Combat Trafficking i n P e r s o n s , U . S . S t a t e therefore be said to be going an intern of HURIGHTS OSAKA Department, in www.state.gov/j/ against the will of the trafficked during the summer of 2012. tip/rls/tiprpt/2011/164228.htm women, implying that they are 2 U.S. Department of State, For further information, please not victims of sexual slavery Trafficking in Persons Report. necessarily, but could be contact HURIGHTS OSAKA. Office to Monitor and Combat classified as reluctant but Trafficking in Persons, 2004. nevertheless willing participants Retrieved from www.state.gov/ of the sex trade, acting out of j/tip/rls/tiprpt/2004/33191.htm. lack of options. 3 Japan's Action Plan of Measures to Combat Trafficking Japanese law enforcement in Persons, December 2004, in officers should acknowledge the www.mofa.go.jp/policy/ complex dynamics of the sex i_crime/people/action.html. industry and consider first of all 4 U.S. Department of State, the motives and desires of the Trafficking in Persons Report. Office to Monitor and Combat women themselves before Trafficking in Persons, 2005. determining who needs Retrieved from www.state.gov/j/ rescuing. While sex work is no tip/rls/tiprpt/2005/46614.htm. little girl’s dream and by no 5 Ministry of Foreign Affairs, Japan, means a shining example of ‘Japan’s 2009 Action Plan to women’s liberation and Combat Trafficking in Persons’. empowerment, it provides a Ministerial Meeting Concerning

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Measures Against Crimes, Japan, in Persons, Especially Women run through the YWCA, Kyoto, 2009. Retrieved from and Children, supplementing Japan. www.mofa.go.jp/j_info/visit/visa/ the United Nations Convention 22 Ikuno Gakuen is a non- topics/pdfs/actionplan0912.pdf. against Transnational governmental shelter and 6 See Nobuki Fujimoto, The Organized Crime. Retrieved counselling center for abused Human Trafficking Issue from http://treaties.un.org/ women, Osaka, Japan. Hidden Behind a False Pages/ViewDetails.aspx? Interviewees: Stephan Aaron, Marriage: Focus on Japanese src=IND&mtdsg_no=XVIII-12- case worker, and a Japanese and Filipino Couples , a&chapter=18&lang=en. counsellor who requested not unpublished, Osaka, Japan, 15 Committee for NGO Reporting to be named. 2010. on the CRC (JAPAN), op cit., 23 Hyogo Prefecture Women and 7 2009 Action Plan to Combat page 47. Family Consultation Center is a Trafficking in Persons, op. cit., 16 Based on interview with staff of government-funded shelter for page 2. Asian People Together (APT) women. 8 Nobuki Fujimoto, and Hyogo Prefecture Women 24 International Labour “Government “Peeping” into and Family Consultation Centre Organization, op. cit. pages 68 Bedrooms of International ( H y o g o W C C ) . A P T and 70. Couples - Gray Zone of False Interviewee: Ms Yuriko Oka, 25 Interview with APT staff, op. Marriages,” International case worker and domestic cit. Movement Against All Forms of violence counsellor. Hyogo 26 International Labour Discrimination and Racism – WCC interviewee: requested to Organization, op. cit., page 50. Japan Committee Newsletter, not be named, case worker and 154, 2008, page 203. counsellor for abused women. 9 United Nations Committee 17 N o b u k i F u j i m o t o , against Torture (CAT). (2011). “Government “Peeping” into ‘Consideration of reports Bedrooms of International submitted by States parties Couples - Gray Zone of False under article 19 of the Marriages,” op. cit., page 204. Convention’. Japan. Retrieved 18 International Labour from www2.ohchr.org/english/ Organization. ‘Human bodies/cat/docs/CAT.C.JPN. Trafficking for Sexual 2_en.pdf. Exploitation in Japan’. (Geneva: 10 Committee for NGO Reporting ILO, 2004), page 39. Retrieved on the CRC (JAPAN), The from www.ilo.org/public/ Implementation of the english/region/asro// Convention in Japan and the downloads/r- Problems of Japan’s Third Periodic japantrafficking.pdf. Report. Revised Summary: Japan, 19 Svati P Shah, Trafficking and page 47. Retrieved from the Conflation with Sex Work: www.crin.org/docs/ Implications for HIV Prevention CRC_3rd_Japan_NGO_Report_re and Control, Working Paper for vised_summary.pdf. the Third Meeting of the 11 Kaoru Aoyama, PhD, is an Technical Advisory Group of Associate Professor at Graduate the Global Commission on HIV School of International Studies and the Law, 2011, page 9. at Kobe University, Kobe, R e t r i e v e d f r o m Japan; and author of Thai www.hivlawcommission.org/ Migrant Sexworkers: from index.php/working-papers? modernisation to globalisation. task=document.viewdoc&id=1 She was interviewed by the 00. author on 18 October 2012. 20 See the 2012 National Police 12 Ibid. A g e n c y R e p o r t a t 13 Ibid. www.npa.go.jp/safetylife/hoan/ 14 U n i t e d N a t i o n s Tr e a t y h23_zinshin.pdf Convention. (2012). Article 21 Asian People Together is a non- 12.a: Protocol to Prevent, governmental shelter and Suppress and Punish Trafficking counselling center for women

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Domestic Violence in Japan – Support Services and Psychosocial Impact on Survivors

Miriam Tabin

omestic violence is an physical assault, threats or have child or relatives. Additionally Dissue worthy of concern been coerced into sexual acts, important are the definition of worldwide, it affects women more than 10 percent of women domestic violence and the and men across countries and repeatedly.4 In the majority of inclusion of psychological and cultures and occurs at all ages. these cases, violence first economic violence, raising Its dimensions make it a severe occurred after marriage. Dating awareness and provision of social and health concern both violence has also been reported information and improving the on individual and national by 13.5 percent of women and self-reliance of survivors. levels. Over the past ten to 5.2 percent of men, with the fifteen years the awareness of majority of victims being After the case of two killings in domestic violence as a serious women in their 20s and 30s.5 Nagasaki prefecture by the end issue in Japan is slowly but Also, it is not uncommon for of 2011, the number of steadily on the rise, as can be unmarried men or women, and survivors in the shelters grew as seen in the rising number of same sex couples to be involved awareness rose through media cases reported to the police1 in violence and abuse.6 coverage.7 The case, which had and the higher willingness to a background of domestic seek help from counselors.2 The Taking a closer look at the violence, became popular in 2001 Act on the Prevention of Violence Prevention Law, Act the mass media as a case of Spousal Violence and the No. 31 targets married as well murder in which the police Protection of Victims (Act No. as divorced couples and aims to failed to start a criminal 31 of 2001) set an essential first protect spouses from a violent investigation early enough. The step in addressing the issue. partner. Also, it regulates the husband of a woman, who Counseling and Support Centers stalked and attacked her It is striking, that although Japan within the prefectures that are violently over a period of time, has one of the highest Human s u p p o s e d t o p r o v i d e killed the woman’s mother and Development Indices in the i n f o r m a t i o n a n d o f f e r grandmother. She and her father world, gender equality and counseling and protection in repeatedly reported the injuries empowerment of women are far case of emergency. Moreover, she sustained from her husband behind.3 Surely, suppression the law has provision on to the police, who, although and violence aimed at women protection orders, such as those having questioned him, did not is prolonging gender inequality that prohibit the abusers from take him into custody. Until the in a cultural context that approaching their victims for a police stations of the prefectures teaches a certain value system period of six months or vacate of Chiba and Nagasaki decided s u c h a s t h e J a p a n e s e their house for two months. The who should have to deal with traditionally patriarchic society. law was amended for the the case, he already killed the second time in 2007, where a two women.8 This prominent The Gender Equality Bureau, few critical regulations were case in Japan is an example for under the Cabinet Office, added. The justification for how insufficiently the law has published a summary of various protection order was widened been brought into practice until surveys concerning domestic to include, in addition to life- today. violence in 2006. According to threatening violence and bodily the summary, 17.4 percent of harm, cases of serious stalking, men and 33.2 percent of threatening phone calls and women who participated in the violence towards the victim’s survey experienced either

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M e n t a l H e a l t h a n d certain situations such as trains cannot do it by themselves and Psychosocial Impact on or crowded places, are of high empower women through Survivors occurrence.11 In addition to education and legal aid. trauma, depression is a Most persons concerned are in a common symptom and in more Support Services in the Kansai devastating psychological state severe cases personality Region of Japan as well as a bad economic disorders. In many cases also situation when they first present drugs are involved and the The use of counseling services themselves to counseling. The violent husbands have mental and shelters provided by the situation for abuse victims and or financial problems government due to domestic survivors is dramatic and in themselves, such as being violence and partner abuse has many cases the most vulnerable members of gangs. Often social been rising since the enactment in society are hit the hardest; factors constitute some of the of the law from 35,000 in 2002 such as women, people with low underlying causes for domestic up to more than 60,000 cases in income, foreign immigrants, or violence. Low social status of 2007, about 99 percent of these victims of trafficking. In addition, women, a patriarchal society being women.15 Japan has listed they are more vulnerable to structure and acceptance of one hundred eighty Spousal mental disorders that result from violence and harassment Violence and Support Centers a variety of reasons, such as the devalue women.12 Gender nationwide. The Kansai region prolonged history of violence, inequality and economic which, among others includes the stress of immigration, and a dependency thus often are both the prefectures of Kyoto, Osaka bad economic and financial and Hyogo, has various support 9 a cause for domestic violence situation. and a result of prolonged centers both publicly funded as violence and suppression. well as non-governmental Making matters worse, often institutions. children are involved in about For counselors, the most one third of cases and women important issue and in many In Osaka, the prefectural Center are struggling with parenting or cases the most difficult one, is for Youth and Gender Equality, pass on the violent behavior to to educate women about their popularly known as Dawn their children by either being rights and build the awareness Center, was established in 1994 violent themselves or the that they are not in the wrong by the Osaka prefectural children copy the behavior they and do not have to blame government as a result of a grew up in and adopt it in their themselves. It is common for women’s movement back in the own future relationships. In women to be ashamed of not 1980s and managed by the addition, many women have being a good wife or mother Osaka Prefectural Gender difficulties ending abusive and blaming themselves for the Equality Foundation. The Dawn relationships. For the sake of horrible situation they are in, Center is one of the biggest their future and financial which creates shame and women’s centers nationwide and situation, going back often prevents women from turning to offers a variety services that seems the easiest way. A high others to seek help.13 include an information library 80 percent of women victims specialized on literature related return to their partners or not Actual incident rates of domestic to gender issues, family, leave in the first place and the violence might even be much education, economic issues and situation often gets worse after higher as violence against various other kinds of women’s 10 returning. women is still regarded a matter literature. Moreover, it offers of the family rather than a human consultation and counseling Every kind of abuse, but rights violation. This is also a services in Japanese and other especially emotional abuse, has reason for not ending the abusive languages (via telephone as well a significant impact on mental relationship, as living with as in person), venues for health and symptoms of trauma, children without a husband is a activities (seminar rooms and a such as helplessness, intrusive shameful situation.14 Thus, it is hall), as well as a child care room thoughts, flashbacks and essential to provide information for children to play in while their sleeping problems, diminished and assistance in case women parents use the center. interest in others, increased want to separate but feel they arousal and avoidance of

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Ikuno Gakuen is an example for and Thursdays. APT has immigrants, homosexual or a non-governmental shelter for expanded rapidly as a support transsexual people and those women that offers various network in Kyoto, and now has with mental health or financial services for victims of domestic many former clients volunteering problems. violence or other forms of abuse. for translation services, for It was established as a instance. In addition, it offers Final Note government facility in the late one-on-one counseling, house 1940s and now operates as a visits, interpreters, and people It essential not only to treat non-profit organization. It who can accompany foreigners violence after it happened but to p r o v i d e s a s h e l t e r f o r in meetings with government raise awareness and take steps in emergencies and is a stephouse officials. Language support, order to help prevent domestic for longer-term care. In addition, especially for people from China, violence. This could be achieved it provides telephone and Korea and the Philippines, and by amending the law, ensuring personal counseling on domestic help with legal services are also punishment in case of non- violence, parenting, support for among commonly used services, compliance with legal orders foreign residents and the lesbian, as well as support for foreign such as restraining order, gay, bisexual, transgender and students, problems with visa and awareness-raising campaigns in intersex (LGBTI) community; nationality, and daily life schools and other institutions in legal assistance; and workshops problems such as inadequate order to slowly raise gender- and education on domestic money and the upbringing of equality and to set a clear sign violence. For domestic violence children. that domestic violence is a cases, it provides two-week free concern of everyone and will stay in a secure and secret The Hyogo Prefectural Women & not be tolerated. shelter facility under the support Family Consulting Center is a of the prefectural government, shelter for women and their It is still a long way to go until otherwise a stay would cost children in Kobe. The shelter itself gender equality can be ensured 1,500 Yen (16 US dollars) per has nine nicely furnished rooms in Japan, old patriarchal night. Many people use its for domestic violence survivors or structures are changed, the services regularly over an homeless women. A stay for up population becomes aware of extended period of time, around to two months is supported by extent of domestic violence and 88 percent of which are or were the prefectural government, abuse, and the Act on the victims of violence from a including meals and counseling Prevention of Spousal Violence partner or a parent. Ikuno services. In addition to a secure of 2001 is successfully and Gakuen has a long history environment and counseling, the completely implemented. deeply rooted in the local center provides occupational Nevertheless, the first few of community and thus has therapy, support for children, and many hard steps on the way to experienced and practiced a 24-hour emergency hotline. the realization of gender equality mutual community support. Also, it is closely connected with and Japan as a place where the other facilities in Hyogo human rights of both men and Kyoto Asian People Together Prefecture, such as legal and women are respected have been (APT) is a support service interpretation services. taken in the past twelve years. network for foreign residents in Japan. It offers multilingual Women’s and family centers Miriam Tabin, B.Sc. Psychology, telephone consultation service provide valuable and essential is currently a master’s student in that started in 1991 and also services for battered women Heinrich-Heine-University in provides support for children and and persons with a history of Duesseldorf, Germany, and was families, including language and trauma or experience of an intern of HURIGHTS OSAKA educational programs and violence. However, there is a during the summer of 2012. interpretation services. APT great need in Japan for support centers to expand their services belongs to the Kyoto YWCA, a For further information, please and provide legal and financial Christian non-profit organization contact HURIGHTS OSAKA. founded in 1923. The main support to persons that are most service consists of a telephone in need and vulnerable groups consultation hotline on Mondays in society such as involuntary (Continued on page 14)

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Chinese Residents in Osaka: Facing a Dilemma

Xinyi Li

n 2007, the Chinese residents They also come from different The Wang Family Iin Japan became the biggest parts of China as shown in group of foreign residents in the Graph 1. Ms. Wang worked as a lecturer country, replacing the resident in a university in Shanghai after Koreans. By 2010, there were Most of the Chinese newcomers graduating from university in 687,1561 Chinese residing in in Osaka are young and female. 1994. With a shortage of Japan. Information from the Ministry of college teachers, she fortunately Justice of Japan show that young got appointed as a fulltime The Chinese community has the people (20 to 39 years old) Japanese language teacher. At most diverse types of residence constitute almost sixty-one that time, a university job was status among the major foreign percent of the whole Chinese c o n s i d e r e d a n i d e a l migrant communities in Japan, group in Osaka.5 And the employment for women. She evenly composed of students, spouses of Japanese nationals did not have to worry about w o r k e r s ( e n g i n e e r s / are predominantly women. anything, and just had to wait professionals/ skilled laborers), for higher officials to make the trainees/ technical interns, and Chinese Life in Osaka: proper arrangements after permanent residents, as well as Integration or Dis-association? several years of work. undocumented immigrants. Table A illustrates this diversity Though an increasing number of Due to her excellent among the Chinese residents in Chinese come to Japan for performance, she was given the Osaka.2 college education and obtain chance to participate in a employment in professor exchange program J a p a n e s e between her university and a Table A. Chinese in Osaka by resident status3 companies after university in Kobe. She decided graduation, they to stay in Japan after finishing Classification 2006 2011 hardly feel having the program, and thought that middle-class life in “even though I had to live on Engineers 711 1,183 Japanese society. my own without anyone’s help, Professors 177 132 Th e f o l l o w i n g I loved this wonderful place and cases illustrate this the social distance in Japan.” Investors/Business Managers 139 339 point.

Specialists in Humanities/ 2,199 3,713 International Services Graph 1. Places of origin in China of the Chinese residents4 Trainees 1,274 83

Technical interns —— 3,011

Students 9,093 11,095

Spouses of Japanese nationals 4,068 4,112

Dependents 2,364 3,423

Long term residents 4,992 4,366

Permanent residents 11,962 17,388

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Unfortunately, despite a in Osaka. “We try to send him Ms. Zhao Renshu, who teaches reasonable pay and a regular to a bi-lingual school in order to the Chinese language at Yao job in a language training improve his Chinese language, Kita Secondary School, said that school in Osaka for the past but almost all the nearest she and her husband came to twelve years, she is still not Chinese schools are in Kobe Japan in 1994 with her Japanese satisfied with her situation: and the teachers are always mother after her Korean father I teach Chinese language from Taiwan. I would not allow passed away a year before. She through the internet to my child to learn such weird narrated her story: Japanese people who are alphabet and pronunciation.” My father was a Korean who almost always company men She recently expressed her wish was recruited as a soldier of who are interested in the to return to China after her the Japanese military during language. And because it is a husband obtained his doctorate the war. Considering the near Chinese language class we degree, despite her fondness for absence of chance to survive have to speak only in Chinese the social distance in Japan and the war as a soldier, he ran language even though I her strong intimate feelings for away from the Japanese majored in Japanese language Osaka. military camp to Heilongjiang and worked as a Japanese Province where he married a language teacher before. And it Descendants of Returnees Japanese woman. I was born is this job that I had to choose there and obtained a Chinese instead of another one, for Japan’s “Twenty-Year, One nationality. My father was example as company staff. Hundred Million-Family Plan to eager to return to Korea, which Send Agricultural Migrants to was not possible at that time However, one of her college Manchuria” in the 1930s until the restoration of classmates and former colleague brought many Japanese diplomatic relations between in her former university in migrants to China. Toward the Japan and China. Because it Shanghai earns twice or even end of the second World War, was easier to get a Korean visa more than she could, which many of these migrants suffered in Japan than in China, and my makes her regret her decision to from famine and disease as they father’s thousand attempts at stay in Japan and depresses her sought refuge from the fighting, persuading her, my mother whenever she thinks of her living were separated from their finally agreed to bring her condition in Osaka. families, and forced to remain family to Japan. However, my father became paralyzed that On the other hand, her Chinese in China. Many of the Japanese delayed our plan to go to Japan husband who has majored in children left behind were for over seven years until he Chinese literature is currently a eventually raised by Chinese died in Heilongjiang. Ph.D student in Kyoto without families. These Japanese, called any scholarship or income. She “war-displaced spouses” or “ w a r - d i s p l a c e d Ms. Renshu used to be a has to support her family all by secondary school teacher in herself. “I bought a used and orphans” (collectively called “war-displaced persons”), could China. In Japan, she changed small house at the central area her job several times from of Osaka because of the great not return to Japan without official contact between Japan temporary staff of a factory to importance of ensuring that my primary school teacher, and five year-old child attends a and China. The official discussions began only in finally her ideal job at Yao Kita better school, though it cost 6 Secondary School. almost all of my savings.” 1981. Almost all descendants of the returnees grew up in Yao Kita Secondary School, What annoys her most is her China as Chinese nationals and located in the southeast part of child’s reluctance to learn the with Chinese language as Osaka Prefecture, has a big Chinese culture or even speak mother tongue. Growing up in population of Chinese students. C h i n e s e t h o u g h h e c a n China helped them endure the Some of them are descendants understand it to a certain hard life in Japan where they of the returnees from China. Ms. degree. To him, there is no need subsequently resettled with their Renshu says that, “We have a to speak Chinese since he lives families. special name for our office,

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Oasis. In order to help the There are currently five ranging from 21 to 35 years old, international students save secondary schools in Osaka that and coming from nine provinces money, I come to Oasis have quota available for the in China: Sichuan, Shanghai, everyday around 7:20 in the descendants of returnees from Jiangsu, Yunnan, Anhui, Henan, morning to make iced wheat tea China, namely, Nagayoshi Beijing, Zhejiang, and Hubei. for them, which may save them Secondary School, Fuse Kita Although three-fourths of the the daily cost (usually one Secondary School, Seibi respondents have studied the hundred fifty or S e c o n d a r y S c h o o l , Japanese language and have at almost two US dollars per Kadomanamihaya Secondary least a bachelor degree or bottle) of buying bottled water.” School, and Yao Kita Secondary relevant certificate from China, School. However, due to the they still have difficulty In 2012, the school had more difference in education systems, overcoming the communication than twenty Chinese students poor knowledge of Japanese barrier with the Japanese. ranging from those who came to language, and their special Japan seven years ago and good identity, some of them are more However, when asked about at Japanese language to those willing to find part-time job or bringing children to Japan, all who arrived a year ago and did even stay at home rather than respondents answered yes for not yet have many Japanese be enrolled as students. Some of two main reasons: 1. Relatively friends. Another Chinese teacher, them even quit school after a advanced education system and Ms. Yi, who came to Japan at short period of study. “If these standard in Japan than in China; three years old with her parents youngsters could not enter into 2. Opportunity to experience and Japanese grandmother, said secondary school or university, using different languages in that, “Because I am not it may hard for them to integrate dealing with different problems proficient in Japanese and I am a into the Japanese society and that would make them more Chinese, I sometimes got bullied they may become a potential competitive in the Japanese by my Japanese classmates when problem for Japanese society, society, and the great I was younger.” She added, even if they have Japanese importance of acquiring an though that the situation blood,” a teacher said. international perspective. improved after she went into Average monthly earnings secondary school with better Other “Middle Class” Chinese varies, forty percent of the Japanese language capability. Residents respondents (graduate students, An understanding of both A 2 0 1 2 m i n i - s u r v e y kenkyusei [research students] Chinese and English languages administered by this author and language school students give the Chinese students provides a glimpse of the who have part-time jobs) earn diverse approaches in preparing situation of middle-class 40,000 (450 US dollars) to for the university in Japan, Chinese residents in Osaka. 80,000 Yen (900 US dollars) per although passing university Eighty Chinese residents month, while thirty percent earn entrance examinations is still a consisting of graduate students, 160,000 Yen (1,800 US dollars) highly competitive process for company workers, spouses of on the average. Another thirty them compared to their Japanese nationals, and those percent, with managerial or Japanese peers. The parents of with permanent residence status similar position in companies, these students at Yao Kita received survey questionnaires. earn twice or more than the Secondary School seem to be Although the validly completed second group. mostly working at factories with questionnaires comprised only While seventy-six percent of the minimum but insufficient salary, half of those sent out, some respondents appreciate their making it difficult for them to general conclusions can be work experience, most make ends meet. Fortunately, derived from them. those who worked for several respondents do not appear years can afford a second-hand Among all the respondents, satisfied with their current jobs house at suburban areas of women constitute eighty and think that they might have Osaka. percent while men comprise better prospects in China. This twenty percent, with ages stance arises from two reasons:

12 FOCUS ASIA-PACIFC DECEMBER 2012 VOLUME 70

1. Lack of trust – with the tackle such problems, sixty- Conclusion deeply-rooted sense of seven percent regularly contact exclusiveness (pai wai) in their families and friends in The Chinese policy on reform Japanese society, foreigners China through the internet while and opening up to the outside especially Chinese have a hard others prefer to participate in world helped increase the time getting the trust of Japanese the activities of local Chinese or number of Chinese newcomers managers, despite several years Japanese communities. in Japan. However, as shown in of work and numerous Moreover, although seventy- this limited study of Chinese contributions to the company; eight percent of the respondents residents in Osaka, they might who are sarariman own a house find the mainstream Japanese 2. Lack of flexibility - Chinese in Osaka, they own another society exclusive and would staff inevitably work based on house or are preparing to buy thus need to maintain contact their Chinese way of thinking another one in their hometown with friends and family in China that helps them do the work in case they come back to and even consider returning more flexibly. But this kind of China. The main reasons consist home instead of continuing to work is not acceptable to their of the feeling of living under live under another’s roof. Japanese colleagues. They someone’s roof (ji ren li xia) and Living in Osaka, on the other sometimes think that their the lack of sense of belonging to hand, enhances their linguistic Japanese colleagues are stiff and the society they live in. doctrinaire. ability and develops their Some parents worry about their multicultural perspective. In the The respondents who are children. A mother wrote on the context of cultural interaction sarariman (salary men) in Osaka questionnaire, “My eight-year- and trade between Japan and consider their working old kid is not proficient in China, middle-class Chinese condition as severe. A deep and Japanese language leading to his newcomers in Japan can play a invisible gap between Chinese getting bullied by Japanese more significant role in the long- and Japanese workers causes classmates, and feels lonely at term. Such a special group will discomfort among the former. school. Both me and my gradually contribute wisdom and Also, news about economic husband are considering going capabilities to help Japan growth in China that contrasts back to China and providing become a more open-minded with the economic decline in him with a better environment and multicultural society. Japan keep reminding them as he grows up.” about a promising future in Xinyi LI is a LL.M student of China. But going home may In order to make a better Wuhan University and special mean difficulty in their environment for their children, research student at Kyoto reintegration into Chinese most of them try their best to University during the 2011-2012 society with their identity as settle down in Osaka. However, period. He was an intern in permanent or long-term they find serious and HURIGHTS OSAKA in the residents in Japan. Descendants unexpected problems, such as summer of 2012. of returnees from China living in children’s reluctance to learn Osaka, on the other hand, face Chinese language and culture, For further information, please severe problems like their children’s embarrassing contact HURIGHTS OSAKA. discrimination and pressure to experiences in school, and the assimilate. increasing gap between them and their children. All these More than eighty-three percent reinforce a rethinking of their of the respondents consider the plan for the future, and now first six months to three years as consider returning to their a very difficult period. Around hometown in China after a long sixty percent among them cite period of stay in Osaka. high cost of living, fast-pace work style, and communication barrier as reasons. In order to

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Endnotes SG1/estat/List.do? 06-99-07-2 (www.e-stat.go.jp/ 1 This figure includes those from l i d = 0 0 0 0 0 1 0 8 9 5 9 1 ) ; SG1/estat/List.do? Taiwan, Hong Kong and 06-99-04-2 (www.e-stat.go.jp/ lid=000001029028). Macao. See table of Registered SG1/estat/List.do? 5 Data derived from “Foreign Foreigners by Nationality, lid=000001029028), Ministry residents per prefecture Chapter 2 Population and of Justice, Japan. according to age and sex,” Households, Japan Statistical 4 See “Foreign residents per table number: 11-99-05-1 Yearbook 2013, available at prefecture – permanent (www.e-stat.go.jp/SG1/estat/ www.stat.go.jp/english/data/ residents (China),” table List.do?lid=000001089591). nenkan/1431-02.htm. numbers: 11-99-07 (www.e- 6 See Chapter 7: Returnees from 2 See Yichao Jiang, ‘Tansuo stat.go.jp/SG1/estat/List.do? China, Alternative Report to the rensheng [Exporing life],” in l i d = 0 0 0 0 0 1 0 8 9 5 9 1 ) ; Third, Fourth, Fifth and Sixth Duan Yaozhong, editor, Fuji 10-99-07-1 (www.e-stat.go.jp/ Combined Periodic Report of Dongying Xie Chunqiu (Writing SG1/estat/List.do? Japan on the International History in Japan) (Shanghai: l i d = 0 0 0 0 0 1 0 7 4 8 2 8 ) : Convention on the Elimination Shanghai Education Press, 09-99-07-1 (www.e-stat.go.jp/ of All Forms of Racial 1998), pages 121-122. SG1/estat/List.do? Discrimination, July, 2009, 3 Data derived from “Status of l i d = 0 0 0 0 0 1 0 6 5 0 2 1 ) ; Japan Federation of Bar residence (purpose of 08-99-07-1 www.e-stat.go.jp/ Associations. Document residence) per prefecture SG1/estat/List.do? available at www2.ohchr.org/ (another foreign residents) l i d = 0 0 0 0 0 1 0 5 7 9 4 7 ; english/bodies/cerd/docs/ngos/ (China),” table numbers: 07-99-07-1 (www.e-stat.go.jp/ JFBA_Japan_76.doc. 11-99-04-01 (www.e-stat.go.jp/ SG1/estat/List.do? l i d = 0 0 0 0 0 1 0 3 1 7 2 3 ) ;

Domestic Violence in Japan Bureau, 2006) page 3. (Published intimate partner violence and in Japanese only, English informa- related injuries among women (Continued from page 9) t i o n a v a i l a b l e a t : in Yokohama, Japan.” American www.gender.go.jp/evaw/book/ima Journal of Public Health, 97 (2), ges/pdf/ stoptheviolence.pdf or at: 2007, pages 232-234. Endnotes www.whatjapanthinks.com/2006/ 10 Interview with Stephan Aaron, 1 Adam Westlake, "Domestic vio- 04/23/domestic-violence-in-japan ibid. lence cases reported in Japan -part-1-of-3/) 11 Ibid. increase by 46% in 2012," The 5 Ibid, page 9. 12 Fujiwara, T., Okuyama, M., Japan Daily Press, 13 July 2012, 6 Interview with Stephan Aaron Izumi, M. & Osada, Y., “The a v a i l a b l e a t : from Ikuno Gakuen Shelter for impact of childhood abuse his- http://japandailypress.com/dom Women, NPO (5 October 2012 tory and domestic violence on estic-violence-cases-reported-in interview) the mental health of women in -japan-increase-by-46-in-2012- 7 Interview with a representative Japan.” Child Abuse & Neglect, 136527. from The Hyogo Prefectural 34, 2010, pages 267-274. 2 Gender Equality Bureau, Cabi- Women & Family Consulting 13 Interview with Yuriko Oka from net Office, Stop the Violence – Center (Hyogo Spousal Violence Asian People Together (APT) at For individuals tormented by Counseling and Support Center) Kyoto YWCA, NPO (4 October spousal violence, information (12 October 2012 interview), 2012 interview) pamphlet (Tokyo: Gender who requested not to be named 14 Interview with Ritsuyo Fujitani Equality Bureau, 2008 revised for this article. and Etsuko Nishiyama, repre- edition) page 11. 8 "Better stalking measures needed," sentatives of the Gender Equal- The Japan Times 3 Osaka Gender Equality Founda- editorial, , 2 ity and Civic Cooperation Sec- tion, Women in Osaka (Osaka: March 2012, available at: tion of the Osaka Prefectural Dawn, 2010), page 2. www.japantimes.co.jp/text/ed201 Government (12 October 2012 4 Gender Equality Bureau, Cabinet 20302a2.html. interview). Office, Survey on Domestic Vio- 9 Yoshihama, M., Horrocks, J. & 15 Gender Equality Bureau, op. cit. lence (Tokyo: Gender Equality Kamano, S., “Experiences of

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Human Rights Events in the Asia-Pacific

he 1st Southeast Asia Pro (HRBA2J-Asia) held a training education in Asia-Pacific TBono Conference took place workshop on the application of countries and sub-regions, on 28 and 29 September 2012 the human rights-based improve access to justice and in Vientiane. The Conference approach to access to justice in legal empowerment for the poor examined the various ways the context of the subregion. and marginalized, and increase leaders and managers could The workshop was an initial professional ethics and culture inspire their teams or students to training activity of the Northeast of legal service provision. undertake pro bono work, Asian member-institutions that ensuring that participants were involved institutions deemed to The participants came from able to create sustainable pro have the appropriate program various Asia-Pacific countries, bono programs when returning for promoting and applying the including Australia, China to work or study. The two-day human rights-based approach to (including Hong Kong and Conference offered a space for access to justice. The training Taiwan), India, Indonesia, Japan, local and international law workshop was held on 8-9 Laos, Malaysia, Mongolia, the fi r m s , s o c i a l j u s t i c e November 2012 in Ulaanbaatar. Philippines, Singapore, South organizations, law schools, Representatives of member- Korea, and Vietnam. The forum academics, government officials institutions and invited set up a platform for exchange and policymakers to network, institutions from China, Japan, of experience, difficulties and create partnerships and explore South Korea and Mongolia issues of common concern meaningful and effective pro joined the workshop. among practitioners, academics bono opportunities. and policymakers and promote The training workshop was the application and further The Bridges Across Borders hosted by the Center for Human development of clinical legal Southeast Asia Community R i g h t s a n d D e ve l o p m e n t education in the region. Legal Education Initiative (CHRD) in Ulaanbaatar on (BABSEA CLE), in cooperation behalf of the HRBA2J-Asia. The China Committee of with the National University of Clinical Legal Education Laos Faculty of Law and For further information, please (CCCLE) and Law School of Political Science, organized the contact: Center for Human Renmin University and the Conference. R i g h t s a n d D e ve l o p m e n t United Nations Development (CHRD), Building of "Ok" Programme (UNDP) China co- For further information, please centre, Youth avenue 13, 8th organized the Forum. contact: Bridges Across Borders khoroo, Sukhbaatar district, Southeast Asia Community Legal Ulaanbaatar, Mongolia; ph For further information, please Education Initiative (BABSEA (976-11) 325721; e-mail: contact: The Secretary to China CLE), 8 Soi 6, Tanon Suandok T. [email protected]; Committee of Clinical Legal Suthep, A Muang Chiangmai www.chrd.org.mn. Education, Law School, Renmin 5 0 2 0 0 T h a i l a n d ; p h University of China, No.59, 662-1439567; e-mail: Zhongguancun Street, Beijing, China [email protected]; 100872; ph (86-18) 601073461; e- The 1st Asia-Pacific Forum on www.babseacle.org. [email protected]. Clinical Legal Education: Experience, Achievements and Prospects was held on 24-25 The member-institutions in November 2012 in Beijing. The Northeast Asia of the Asian Forum aimed to enhance Consortium for Human Rights- exchanges and promote further Based Access to Justice development of clinical legal

15 HURIGHTS OSAKA Calendar

HURIGHTS OSAKA is now preparing the fourth volume of Human Rights Education in Asia-Pacific. A variety of human rights education initiatives will be featured, ranging from use of the performing arts to university courses. Several articles are from the Pacific.

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HURIGHTS OSAKA, inspired by the Charter of the United Nations and the Universal Declaration of Hu- man Rights, formally opened in December 1994. lt has the following goals: 1) to promote human rights in the Asia- Pacific region; 2) to convey Asia-Pacific perspectives on human rights to the international community; 3) to ensure inclusion of human rights principles in Japanese international cooperative activi- ties; and 4) to raise human rights awareness among the people in Japan in meeting its growing interna- tionalization. In order to achieve these goals, HURIGHTS OSAKA has activities such as Information Han- dling, Research and Study, Education and Training, Publications, and Consultancy Services. FOCUS Asia-Pacific is designed to highlight significant issues and activities relating to human rights in the Asia-Pacific. Relevant information and articles can be sent to HURIGHTS OSAKA for inclusion in the next editions of the newsletter. FOCUS Asia-Pacific is edited by Osamu Shiraishi, Director of HURIGHTS OSAKA.

Sender: HURIGHTS OSAKA (Asia-Pacific Human Rights Information Center) 8F, Takasagodo Bldg., 1-7-7 Nishihonmachi, Nishi-ku, Osaka 550-0005 Japan Phone: (816) 6543-7002 Fax: (816) 6543-7004 E-mail: [email protected] Web site: http://www.hurights.or.jp HURIGHTS OSAKA