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Kobe University Repository : Thesis 学位論文題目 Occupation and sexuality--GHQ's policy-making on Title (占領と性--GHQの買売春政策) 氏名 CRUZ, CLAIRE BLOSSOM Author 専攻分野 博士(学術) Degree 学位授与の日付 2009-09-25 Date of Degree 資源タイプ Thesis or Dissertation / 学位論文 Resource Type 報告番号 甲4782 Report Number 権利 Rights URL http://www.lib.kobe-u.ac.jp/handle_kernel/D1004782 ※当コンテンツは神戸大学の学術成果です。無断複製・不正使用等を禁じます。 著作権法で認められている範囲内で、適切にご利用ください。

Create Date: 2017-12-20 Occupation and Sexuality: GHQ's Policy-making on

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CLAIRE BLOSSOM CRUZ Acknowledgements

I would like to express my gratitude to all those who gave me the possibility to complete this dissertation.

I am deeply indebted to my academic adviser, KONNO Minako, whose supervision and stimulating suggestions enabled me to develop an understanding of the subject, and encouraged me during the completion of this dissertation.

I am grateful to the committee members: Professor MUNAKATA Satoshi, Professor SAKURAI Tetsu, Professor TERAUCHI Naoko, Associate Professor OGASAWARA Hiroki for all their valuable hints, suggestions and support.

I also would like to thank Professor SONE Hiromi, who introduced me to Women's Studies, and whose interest and guidance encouraged me to write this dissertation.

Especial thanks to the National Diet Library in Tokyo, for allowing me to photocopy a great amount of SCAP documents as part of my dissertation.

Finally, this dissertation would not have been possible without the understanding and support of my family, Ebisu-sensei, Cho-san and Mariam, Thank you very much!

1 Table of Contents

Acknowledgements ...... , ...... '" ...... '" ...... i Abstract...... iv

Introduction...... , ...... '" ...... 1

Literature Review and Framework of the Study ...... 6 Research questions and methods ...... 12 Organization of the Paper (3 Stages of the OccupatioN ...... 15

Chapter 1- Representation of Japan as "feudalistic and undemocratic" (Pre-Occupation stage, from WWII until July 1945) ...... 18

1.1 "Feudalistic Japan" ...... 19 1.2 Licensed ...... 23 1.3 Prostitution from US Victorian Era until WWII...... '" ...... 26 1.4 How did the GHQ-SCAP work? ...... •...... 29 Summary...... 34

Chapter 2 - Holding up Western ideals of democracy (Initial stage of the Occupation, August 1945-July 1947) ...... 38

2.1 SCAP's radical directives on prostitution...... '" ...... , ...... 40 2.2 Other gender-related policies of GHQ ...... 49 2.3 Conflict between military and civil officials of SCAP (1947)...... 51 Summary...... 55

Chapter 3- "Let the Japanese deal with it" (Middle stage ofthe Occupation, August 1947- December 1949>...... 59

3.1 GHQ-SCAP's investigation into the prostitution issue (1948)...... 61 3.2 Evaluation on GHQ-SCAP's management policies (Dr. Powdermaker's report) ...... 66 3.3 Regulation of women who solicit American soldiers (1949) ...... 67 Summary...... 76

11 Chapter 4- Intense conflict among GHQ officials regarding the prohibition of prostitution (Last stage of the Occupation, January 1950- April 1952) ...... 80

4.1 Military officials' proposals prohibiting prostitution (1950) ...... 81 4.2 Civil section officials' opposition to the proposals prohibiting prostitution ...... 88 4.3 Negative impact of local ordinances on proposals prohibiting solicitation among troops (1951) ...... 92 Summary...... 95

Conclusion ...... 99

Notes ...... 109

Appendix A ...... 126

References ...... '" ...... , ...... '" ...... 131

ill Abstract

This paper comprehensively examined GHQ's policy making on prostitution from the start­ till the end of the American Occupation. It is important to examine prostitution because it is coeval with society, and it has become one of the most controversial issues of our time. As a phenomenon that involves the complex nature of human beings, examining prostitution will lead us to better understand the nature of human beings, and how people struggle with this issue. In an attempt to continue looking for answers to the problems brought about by prostitution, this paper chose to examine prostitution in Japan, because it receives an intense international criticism when we talk about global and contemporary prostitution issues (such as the "comfort women," foreign women trafficked into Japan's enormous sex industry). Due to these criticisms and stereotyped images of Japan's prostitution system, there is a need to look closely at the history of prostitution in Japan in order to show the significant features of prostitution in contemporary Japanese society, and how the Japanese people struggled with prostitution. In particular, this paper chose to study prostitution during the American Occupation because this period became a starting point of a major transition in the development of prostitution in Japan, from abolishing licensed prostitution to proliferation of unlicensed prostitutes on the streets and the segregation of brothels into the red-line districts (Tanaka 2002, Lie 1997, Koikari 1999). It is important to examine GHQ's policy making on prostitution in order to show the role played by GHQ in creating a social base of prostitution in Japan after WWII. This paper found out that aside from the complex bureaucratic structure of GHQ-SCAP (which caused non-consensus among different GHQ officials on how to deal with prostitution), the Occupation's prostitution policies were shaped by various forces and considerations (eg. preconceived notions of US military men on Japan as "feudalistic"; various actors involved; diverse events such as the "reverse course" and Korean War; and other factors which were either directly or indirectly related with prostitution). The preconceived notion on Japan as "feudalistic" and licensed prostitution as a form of debt bondage by the US military men prior to the Occupation was demonstrated in the way GHQ officials represented licensed prostitution as a practice that suppressed women in Japan during the Occupation. The examination of GHQ's policy making was based on a division of stages of the Occupation, and the various cultural discourses used by different GHQ officials in their arguments that backed up proposals and policies. During the initial stage (August 1945-July 1947), GHQ's policies were inconsistent and ambiguous, as they imposed a radical policy to end licensed prostitution but tolerated the segregation of brothels into the red-line districts, and at the same time imposed a strict and indiscriminate regulation of women suspected as prostitutes. In drafting their initial policies, they represented Japan as feudalistic and inferior. The effects of their policies indicate a

IV division between civil officials who had (1) idealistic goal to democratize Japan, and the military officials who had (2) practical goal to curb VD among their troops. In the second stage (August 1947- December 1949), GHQ's policies became lesser punitive after realizing that their initial policies not only failed to curb VD and control prostitution, but also produced contradictory effects to the prostitution system in Japan, the GHQ officials became more cautious in releasing formal orders to the Japanese government. However, this did not stop GHQ officials to release informal and verbal orders to Japanese police in controlling prostitution. This time they represented Japan as having a "different" social and cultural standard. During the last stage (January 1950- April 1952), the conflict among civil and military officials became intense after military officials became desperate to persuade civil section officials to approve their proposals to prohibit solicitation among US troops. The military officials were anxious about the spread ofVD among their.troops when women concentrated their solicitation near military bases. Since the military officials bore great responsibility in protecting their troops (who were later dispatched to fight in the Korean War), they tried hard to persuade civil section officials to approve proposals prohibiting prostitution by representing Japanese people and American as having common attitude to tolerate segregated districts or red-light districts as the West's equivalent. However, the Occupation ended without approving the military officials' proposals to legally prohibit prostitution especially solicitation of l!S troops. In the last stage, several local ordinances controlling prostitution were approved by the Japanese government and the availability of penicillin led to a decrease of VD incidence. So, both the civil and military officials were "saved" from having to deal with prostitution as a multifaceted phenomenon, especially in a crucial period when GHQ had to maintain good relations with Japan as an ally (military base) during the Korean War. This paper also found out that the use of various cultural discourses (cultural superiority, relativity, and commonality) in varied contexts by the different GHQ officials to back up their proposals indicate that "cultural discourses" were used by GHQ officials to pursue their own interests and legitimize their intervention to the prostitution issue in Japan during the American Occupation. In conclusion, GHQ's policy making on prostitution demonstrates an interesting case which shows how people deal with multifaceted issues related with prostitution. This paper showed that even if an Occupier (such as America) had possessed an enormous political, economic, military power over the occupied nation Japan (in fact, they took advantage of this power imbalance to pursue their own goals and interests), they were not able to solve the prostitution issue. The comprehensive examination of GHQ's policy making lead us to understand that since prostitution mainly involves the sexual aspect of human beings (an "uncontrollable" aspect of human nature), the association of American men (both military officials and enlisted men) with Japanese women who were either prostitutes or non-prostitutes (and vice versa) became an "uncontrollable" aspect of

v GHQ's policy making, and became one of the biggest challenges. Aside from the "uncontrollable" aspect of the prostitution Issue, GHQ officials had to consider different actors, various events and factors related with the prostitution issue. For example, American military officials preconceived notions on Japan as "feudalistic" and "inferior, " internal conflicts in GHQ, and other "outside constraints" (such as the "reverse course" and the outbreak of Korean War, and other local and national issues both in Japan and in the mainland US) which were multifaceted issues that shaped GHQ's policies on prostitution. These issues contributed to the creation of ambiguous policies on prostitution which also produced contradictory effects to the prostitution system of Japan. For example, one of the effects of abolition of licensed prostitution was the revival of unlicensed prostitutes and streetwalkers and the reorganization of brothels into the red-line districts. When streetwalkers proliferated, GHQ released verbal orders to the Japanese police to indiscriminately arrest women suspected as streetwalkers, which provoked protests from the Japanese human rights' groups. Even if the Occupation ended, the struggle with prostitution continued to be demonstrated in Japan. For example, it took 8 years for the p~ssing of Japanese anti-prostitution bill (which was first submitted to the Diet in 1948) into a law in 1956. The presence of US military bases in Japan continued as military bases are installed in Okinawa and Yamaguchi prefectures. The presence of US military bases not only created social base of prostitution, but provided a network for sex work to continue near US military establishments in Japan. Since this paper only examined the Occupation period, to trace the history of prostitution in Japan from the end of the Occupation until now would be an interesting topic for a future study. This paper could become a good starting point for a further study relating the history of prostitution in Japan, or contemporary issues on prostitution.

Vl Introduction

Prostitution is historically and culturally ubiquitous. Prostitution in various forms has existed from earliest times and it has been claimed as the "world's oldest profession." Sinre the beginning of human civilization, prostitution already held a particular plare in the society (Sanger 1939). It has existed and is constantly encountered in every culture, even to this day. Studies show that people have long been struggling with the issue on prostitution (Bullough 1987, Sanger 1939). People have different views on the subject of prostitution.l The debate on prostitution continues until today sinre there has not been a definite solution yet found to solve problems associated with prostitution (Davis 1993, Miner 1916). It is important to examine prostitution because it is one of the most controversial issues of our time. It is controversial because prostitution involves the complex nature of human beings as well as the intricate nature of social relationships among humans. Examining prostitution will lead us to better understand the complex nature of human beings and the dynamic nature of human relationships. This dissertation is about the struggle with prostitution of a dominant group of people (who claimed political power over a subordinate group) in attempting to find solutions to the prostitution issue, in a setting of power imbalanre between an Occupier and the occupied nation.

Prostitution is a multifareted phenomenon. It is associated with different factorslcauses2

(such as patriarchy or ''human sexuality") in examining prostitution would be incomprehensive, because prostitution is always interdependent with other concepts. Prostitution can be viewed in various ways as it is associated with other concepts. There is a need to examine prostitution in order to gain a clearer understanding of how do people (decision-makers and the common people) deal with this issue, and what makes it a topic of an endless debate. By examining prostitution, this dissertation attempts to better understand this multifareted phenomenon, as we continue to search for the answers to the problems associated with prostitution.

Although prostitution in Japan has a 10ng and varied history, if we talk about global prostitution in contemporary world, Japan rereives an unpreredented attention and intense international criticism. For

1 example, the "comfort women" issue was criticized internationally as an organized form of forcing women to sexually serve Japanese soldiers during the World War IT (WWII). Another example is the US government's criticism on Japan's enormous sex industry. Japan among others, was described as a destination country for

Asian, Latin American and Eastern European women trafficked for the purposes of sexual e?cploitation in a

2004 US report.5 The international criticism on Japan's contemporary commercial sex industry was based on an investigative study conducted by the West (eg. in this American report). However, the criticism might also be based on the West's portrayal (stereotyped image) of prostitution in Japan. Based on this presupposition, there is a need to look closely at the history of prostitution in Japan. It is important to examine the case of prostitution in Japan using a historical approach in order to show the significant features of prostitution throughout Japanese history. This will also help us understand how the Japanese people (and the dllferent actors involved) struggled with prostitution as an issue in contemporary Japanese society.

Since the history of prostitution in Japan is divided into dllferent periods, it is important to pick up one particular period which marked a significant point in the development of prostitution in Japan. Kovner

(2004) notes that the American Occupation brought a remarkable transformation in the nature of Japan's sex industry. This transformation was further explained by Fujime (2006) in stressing that during the

American Occupation, a "reorganization of licensed brothels into special bars and cafes in the segregated districts oocurred, and streetwalkers and unlicensed prostitutes proliferated (Fujime 2006, Koikari 1999,

Tanaka 2002, '!bmita 1993, Hogetsu et. al. 1986). Kanzaki (1974) also notes that "prostitution in that era primarily served the soldiers of the occupation army." With the American troops in Japan, a powerful sexual and racial dynamics emerged between Allied troops and Japanese women" (Kovner 2004, Kanzaki 1974). It was also during the American Occupation, that Japanese people were subjected to a series of new restrictions, regulations, and other interventions from Occupation officials (Kovner 2004: 11), a case of power inequality. By looking at history, America played a significant role in the molding of Japanese commercial sex industry in a particular stage in Japanese history. However, it should be noted that this dissertation does not aim to show the relationship between the American Occupation policies and the reorganization of

Japan's sex industry in order to blame or condemn America for the effects of their policies. This dissertation aims to show how contemporary prostitution in Japan came about using the American Occupation as a starting point since a major transition in the reorganization of Japan's commercial sex industry occurred.

In examining prostitution in Japan during the American Occupation, it is important to study the

2 policy making of GHQ-SCAP (General Headquarters Supreme Commander for the Allied Powers),6 in order to understand what happened during the Occupation and in particular, to know the GHQ-SCAP's stance on the issue. As we will see, the presence of Occupation troops encouraged prostitution. Thus,

GHQ-SCAP played a significant role in creating a social base of prostitution in Japan after WWII. But this topic has been less studied. Studies were already conducted which examined GHQ-SCAP's policy making on prostitution by documenting how they drafted their policies, how the GHQ-SCAP officials' viewed prostitution, and the events and factors they considered in their policy making (Koikari 1999, Tanaka 2002,

Blumlo 2004, Okuda 2007).

The effects of war include economic and social devastation. War brings physical and emotional stress to the people of a defeated nation. War also increases prostitution. Displaced women and their family are the most vulnerable to prostitution. Studies related with postwar and sex (such as Tanaka, 2(02) acknowledges the oppression and sexual violence inflicted among women by the military or government leaders and soldiers. For example, in the case ofAmerican Occupation, US forces (both military officials and stafO temporarily lived and entertained themselves in Japan through rest and recreation (R&R) facilities

(Kovner, 2(04). While both the civil and military leaders of GHQ-SCAP and the Japanese government officials negotiated with many issues such as political, economic and socio-cultural reforms, GHQ-SCAP officials struggled with prostitution as a health, moral and socio-cultural issue. Ideally, as reformers and initiators of democratic principles in Japan, GHQ-SCAP officials had to maintain a good image to the

Japanese people by promoting human rights. They demonstrated this by imposing directives aimed to democratize Japan such as provisions of "equal rights between men and women in the Japanese constitution, and the abolition of licensed prostitution" (Pharr 1987, Fujime 2006). However, the free association of American troops with Japanese women resulted to an increase of VD (venereal disease) among their troops. By regulating women who associated with US troops as a VD measure, GHQ officials realized that they produced ambivalent VD and prostitution policies. This ambivalence was caused by pursuing two different goals, (1) the democratic goal of democratizing Japan and (2) the practical goal of maintaining healthy troops. The ideal and practical goals of GHQ-SCAP were not necessarily compatible.

Because as reflected in GHQ-SCAP's experience, if strictly pursued the practical goal of regulating women in order to curb VD resulted to protests against infringement of human rights from the Japanese people.

Thus, GHQ-SCAP officials had to face a dilemma whether to pursue their ideal or practical goals, which demonstrates the multifaceted nature of the issue.

3 The quotation below shows a GHQ-SCAP section official's opinion on the '1egal prohibition of

prostitution" in 1946. It indicates the multifaceted nature of prostitution, as the GHQ-SCAP official

considered different factors or aspects, and associated prostitution with (1.) the health or medical aspect; (2)

cultural differences (different views on prostitution); (3) economic aspects; (4) legal aspects and (5) "human

nature" aspect, etc.

As I have expressed previously, I feel that the Oreupation should be velY careful in directing furmally or infurmally

legislation in this field. My reasons are briefly the fullowing: (]) I doubt whether such refers could be considered as

an objective of the occupation. I see very clearly that the problem is related with public health in connection with

venereal disease... (2) Unless the Japanese, on their own initiative, want to make any furm of prostitution

criminally punishable on the part of the prostitute as well on the customeJ; we shall, in advising or

to do so certainly be exposed to severe criticism that we imposed our American moral and ethical standards on a

completely different Oriental civilization. .. (3) Prostitution is a social and economic phenomenon existing in various

furms among all nations and races. The law of many countries has made this vice a criminal offense without,

howeveJ; eliminating it7

So, what is prostitution? Many people have struggled to set forth definitions of prostitution to include all possible forms, and ('Bullough 1987) pointed that perhaps the most comprehensive definition of

prostitution was the one offered by Iwan Bloch8 in the early 2()th century, because it demonstrates the complexity of the problem. Bloch (1912) held that

Prostitution was a distinct furm of extramarital sexual activity characterized by being more or less promiscuous,

was seldom without reward, and was a furm ofprofessional commerci.a1ism. fur the purpose either fur intercourse or

of other furms of sexual activities and allurement, resulting in due time in the formation of a special type (Bloch

1912 cited in Bullough 1987: xiW.

A

4 allurement for the rewards attached to it. But in whatever ways prostitution is defined, the definition depends on each society's standards. It is the social evaluation and legal determination of a society that give prostitution a special status (Bullough 1987). 'Ib talk about prostitution is to invite immediate debate. There are many views, analyses and interpretations on prostitution. Two major groups which hold different views on the debate on prostitution can be describe as: (I) those who view that prostitution is a manifestation of sexual violenoo and oppression of men against women (Farley 2004), a kind of "forood" relationship between adults of different status. This conoopt is based on power inequality or patriarchal relationship. Another group includes (2) those who view that prostitution is a freely chosen ocx:upation (Klinger 2003), a kind of voluntary relationship between two consenting adults. Likewise, the management of prostitution has varied according to time, plaoo, and circumstanoos; the determination of state policy, however, has depended upon the ordering of three factors----economic, moral and hygienic-to harmonize policy with the culture of the legislating nation (I>ivar 1973).

During the American Occupation, GHQ-SCAP officials faood a wide-range of problems such as economic, political. socio-cultural, military issues both in Japan and in the mainland US. In particular,

GHQ-SCAP officials struggled with prostitution in their policy making because the issue involved not only

Japanese women but American men (both military officials and staffs) as well. Under the Occupation, the prostitution policies directed by the GHQ-SCAP were aimed not only to regulate Japanese women in the brothels and on the streets, but to protect the Occupation foroos9 (who associated with Japanese women) from VD infection. In considering a wide range of factors, "ambivalenoo and fragmentation became hallmarks of GHQ's VD and prostitution policies" (Enloe 2(00). AB military offioors directly in charge of rank-and-file troops were torn between their belief that "any soldier who was a 'real man' needed sexual areess to women and their fear that uncontrolled sexual relations with local, or 'native,' women would undermine the physical and moral vigor of men, making them less valuable in battle" (Enloe 2(00).

However, sinoo the main aim of this dissertation is to present a comprehensive examination of GHQ-SCAP's policy making on prostitution, individual conoopts (such as "human sexuality," patriarchy; power inequality; economic and social deprivation, etc), although important aspects in examining prostitution, only provide partial interpretations in understanding prostitution as a multidimensional phenomenon. An interdependenoo of these conoopts including a historical preoodenoo of the issue will be used in comprehensively examining GHQ-SCAP's policy making on prostitution.

5 Literature Review and Framework of the Study

There are only few studies which discuss GHQ-SCAP's policy making on prostitution during the

American Occupation in Japan (Koikari 1999, Tanaka 2002, Okuda 2007, Kovner 2004, Blumlo 2(04).

Before discussing these studies in detail, it is important to understand :first the ways in which oolonia1ism, racism and class are inextricably oonnected with gender (or sexuality). The studies on gender and racism in oolonialism are not directly related with my paper but they provide a background on understanding the dynamic relations between Occupier and oreupied nation. The following studies provide a starting point for examining the dynamics of occupation, and how these dynamics affect human struggle with gender and sexual issues.

First, it is important to understand the power imbalance in oolonial or occupation relations. Wray

(1983) defined the term occupation as "a process whereby the victor nation enforces its will on the vanquished nation." Kovner (2004) noted that "military occupation, like oolonization, is a situation of explicit political inequality, and is precisely within such a oontext that racial and sexual oppression can beoome politically charged and more emblematic:' During the American Occupation, "Japan had no sovereignty and accordingly no diplomatic relations... no major political, administrative, or eoonomic decisions were possible without the oonqueror's approval (Dower 1999). So, in examining GHQ-SCAP's policy making on prostitution, it is important to oonsider the power imbalance between Japan and America. However, other categories of power such as gender, sexuality, race, class and nationality also shaped the process of

Occupation of Japan (Koikari 1999).

Seoond, to show that a oolonizer oould use the power inequality to his advantage during decision making, the following studies are discussed. These studies also show that oolonizers oould use various discourses (race, class, moral, sex, etc which are interrelated) in order to legitimize their intervention in the oolonized nation and demonstrate their power and authority. McClintock (1995) stressed that "race, gender and class are not distinct realms of experience, existing in splendid isolation from each other; nor can they be simply yoked together retrospectively... in this sense, gender, race and class can be called articulated categories."

Burton (1994) stressed that like the imperial ideology, the British oonviction of racial and moral superiority justified the "British imperial rule," or the "imposition ofBritishness on others."IO In examining

Victorian feminist's arguments, Burton (1994) discussed that these oonvictions of moral and racial superiority were also reflected in the feminist's preoccupation with "racial motherhood," (the role of women

6 in race preservation, racial purityll), and "women's moral influence as commensurate not just with national political responsibility but with the imperial duties to which Britain was committed."12 Burton further explained that feminist's arguments showed that "women's 'national' function was routinely transformed into a national duty, and finally, into a justification for inclusion in Britain's world-wide government"

(Burton 1994). Thus, British feminists during this period, while asserting their role in the field of national politics, "used the power of race to conjure up national identities and to legitimate their claims to national political power and imperial authority" (Burton 1994).

In terms of sexual and moral discourses, Hyam (1990) showed that the British empire ''provided ample opportunities for sexual indulgence throughout the 19th century, though it was more obvious in frontier situations and the fighting services than in settler communities. Sexual consciousness was heightened among soldiers and traders alike. However, Hyam added that "one of the worst results of the expansion of Britain was the introduction of its guilty inhibitions about sex into societies previously much better sexually adjusted than perhaps any in the West" (Hyam 1990: 3).

The above studies show that race, moral, and class are interdependent with gender in examining colonization and sexuality. Koikari (1999) also stressed that studies which analyzed the prostitution issue during the American Oreupation from a simple category of power relations or a ''binary framework that is often used in colonial studies such as domination vs. subordination, oppression vs. resistance, colonial vs. anti-colonial, is insufficient as an analytical tool." Lie (1997) showed "the concrete and complex power relations that transgress polarized gender categories" in analyzing the prostitution issue in postwar Japan.

According to Lie (1997), "power relations, even in the realm of sexuality, are complex, not unitary." So, by just describing prostitution during the Occupation as a product of patriarchal relations (GHQ-SCAP or men's oppression against Japanese women), or a case of power inequality between an Oreupier and occupied nation would reflect a partial interpretation of the whole issue. For example, Kovner (2004) demonstrated that prostitution particularly the case of sex workers who occupied "a unique space as the subject of critique not only by the conquerors, but also by the conquered." Koikari (1999) also notes that streetwalkers and women who associate with US troops were considered by GHQ'-SCAPs military officials as "carriers ofVD", these same women were condemned by a majority of Japanese people because of their promiscuous nature compared to the women in the licensed brothels. These types of interpretation on prostitution during the Occupation indicate that the dynamic power relation within an occupation interrelates with race, class and gender issues.

7 The studies above will guide us in understanding how the GHQ-SCAP officials presented their

discourses on prostitution policies by showing that these racial, moral and sexual discourses are interrelated,

and could be used by a colonizer in justifying their intervention into the conquered nation. However, the

above studies only discussed the use of racial, moral and sexual but not cultural discourses, parti.cularly

how a colonizer or an occupier represented the culture of their occupied nation in order to claim superiority.

In addition to the discourses presented by the above studies, how "culturar' discourses were used by

GHQ-SCAP officials to back up their arguments on prostitution will be shown. One example of a study

which showed the "representation of culture" by a colonizer or occupier is that of Koikari (1999). Koikari

used cultural discourses in examining GHQ-SCAP's genderrelated policies including prostitution. By

presenting cases (at the beginning stage of the American Occupation) which show that GHQ-SCAP officials

used "cultural superiority" and "cultural specificity" discourses, Koikari proved that some GHQ-SCAP

officials represented the Japanese culture as "inferior" and ''peculiar'' to claim superiority and legitimize

their intervention in gender and sexual issues in Japan.

Third, in terms of American VD prevention policies during the WWII, there are studies which

examined the sexual ideology of the US military forces and showed how America's VD and prostitution

policies during WWII relate with their policies during the . Studies revealed that US

and other Allied forces had plans to establish military brothels to serve their own soldiers in various areas

as they advanced (Tanaka 2002, Fujime 2006). These brothels were set up, but were forced to close down

within a short period of time (Enloe 1988, Blumlo 2(04). Studies also show that VD policies of US displayed

contradictory principles (Fujime 2006, Tanaka 2(02) or ambivalence and fragmentation (Enloe 2(00). For

example, Fujime's study focused on the United State's policy toward commercialized sex called "American

Plan" during WWII (Fujime 2006). Fujime showed that the American Plan resulted to the reorganization of

the licensed prostitution system into streetwaJkjp.g and segregation of special bars and cafes during the

American Occupation in Japan. Fujime (2006) noted that the American plan indicates a contradictory policy of encouraging soldiers to purchase S!3x by providing them antiseptics while regulating women who solicit

US troops, especially soliciting near military estllblishments.

Tanaka's study (2002) found out that during the WWII, the US War Department's attitude towards

VD and prostitution among their troops based in the mainland was quite different from its attitude towards the same problems overseas. Tanaka showed that as an official policy, the War Department did not permit the establishment of supervised houses of prostitution for its troops overseas. However, it tacitly tolerated

8 the association of their troops with women overseas by arranging a mass distribution of condoms and disinfectants in the early wwn (Tanaka 2(02). Tanaka also analyzed military prostitution as a form of women oppression caused by patriarchal relations. Both studies of Fujime (2006) and Tanaka (2002) show that the US War Department had a contradictory policy in curbing VD among its troops overseas.

During the American Occupation, Okuda's (2007) study on GHQ-SCAP's VD control policy notes similar findings with Fujime's (2006) and Tanaka's (2002) studies. Okuda (2007) pointed out that

GHQ-SCAP's VD policy was based on two opposing goals: (1) the idealistic measure of endorsing 'abstinence' to the soldiers (as requested by the mainland policy makers), and (2) the practical measures to curb VD among troops in Japan (by providing the soldiers condoms and prophylactic kits, tacitly tolerating military brothels). Furthermore, Okuda (2007:14) stressed that the GHQ's endorsement of 'abstinence' policy was just a front.

Fourth, major studies on GHQ-SCAP's prostitution policy making which are available (Koikari 1999,

Tanaka 2002, Okuda 2007, Rovner 2004 and Blumlo 20(4) only use separate concepts such as patriarchy, power inequality, ''human sexuality," etc. (not an interdependence of these concepts) in examining the issue.

For example, Tanaka (2002) analyzed GHQ-SCAP policies from the concept of patriarchal relations between

GHQ-SCAP officials/troops and Japanese women as a case of women oppression. Koikari (1999) showed how GHQ-SCAP officials drafted their policies by using cultural discourses, representing Japan as

"different" or "inferior," in order to legitimize their intervention in the prostitution issue. Blumlo (2004) focused on ''human sexualitY' as the uncontrollable aspect of the association of US troops and Japanese women that affected GHQ-SCAP's policies. .

However, the above studies only discuss fragmented parts of GHQ-SCAP's overall policy making, representing partial efforts to examine the Occupation's policies on prostitution. These studies also cover a certain period of the Occupation and discuss the struggle of GHQ-SCAP officials in a paragraph or a chapter only. Furthermore, these studies have not paid enough attention to the historical precedence of

GHQ'-SCAPs policy making, particularly the American military men's preconceived notions on prostitution.

There has not been a comprehensive study conducted which discuss the way GHQ-SCAP officials treated the prostitution prior to the Occupation period, during and until the end of the Occupation. With these gaps, it is important to conduct a more detailed examination of GHQ-SCAP's policy making, in order to better understand the Occupier's struggle with prostitution. Even ifAmerica (as an Occupier had greater political power over Japan) could use the power inequality for its own advantage in the decision making, the

9 GHQ-SCAP officials struggled throughout the Occupation in attempting to solve the prostitution problem.

Since GHQ-SCAP was a major actor in the issue, looking at GHQ'-SCAPs overall policy making will help us obtain a comprehensive picture of the GHQ-SCAP officials' perspective. In this way, we can reconstruct the

GHQ-SCAP officials'perspectives which were already discussed in the previous studies. The comprehensive examination of GHQ-SCAPs policy making will also help explain how their policies affected the overall situation of prostitution in Japan during that period, and in a longer term, after the Occupation ended. In detail, the following studies' contribution to the literature on GHQ-SCAPs prostitution policy making will be discussed. Furthermore, the aspects which were understudied by these studies will also be discussed.

Studies of Koikari (1999) and Pharr (1987) analyzed the effects of the American interventions into

Japanese gender relations during the Occupation, by using a complex matrix of power not just the simple/binary framework of power relation between America as the Occupier and Japan as the Oreupied.

These studies showed how the power hierarchy within the GHQ-SCAP (as a complex bureaucratic structure) led to a conflict among Occupation offi.cials (eg. between civil and military officials; higher and lower officials within the same section). GHQ-SCAPs bureaucratic structure became a major factor in the lack of unity among different section officials. The internal conflict in GHQ-SCAP resulted to contradictory gender-related policies of the Occupation. However, the above studies only focused on the roles of the military officials. It is important to note that there were different actors involved in the prostitution issue during the American Occupation: (1) different GHQ-SCAP officialslsection staffs and US government officials in the mainland; (2) the Japanese government officials (composed of different ministries, Diet members, etc); (3) the Occupation forces (both military officials and staff) who associate with Japanese women.; (4) the women who worked in the brothels, or on the streets; (5) brothel owners and pimps; (6)

Japanese police and Military Police (Mp); (7) women's right, human right's group and other civil groups from both Japan and United States; and the (8) Japanese and American people in general. This study will consider the different actors involved, and show how these various actors influenced GHQ-SCAP's policy making on prostitution.

Blumlo' (2004) used ''human sexualitY' concept in examining colonization and prostitution by showing how the relationship or fraternization of US soldiers and women of the colonized/occupied nations affected

American decision makers' (composed of a coalition of Congress, War Department and the Surgeon

General's Office) VD policy during the WWII and American Occupation of Japan. Blumlo (2004) noted that

10 The relationship between these three groups is important since the men on the ground in the military, and the

women with whom they had relations furced the government to change its policy from abstinence to one of

developing methods ofpreventing and curing venereal disease

Blumlo's paper only focused on the promiscuity of some American soldiers (by presenting the view of soldiers who associated with prostitutes and who visited brothels) as an unrontrolled behavior which shifted American military's VD policy from promoting "abstinence" to their troops, to tacitly tolerating their men's association with these women. Blumlo showed that the American military decision makers realized that prostitution was an act that involves two ronsenting adults whom the government or military officials have no rontrol of, thus, they ended up tolerating some of their soldier's promiscuous behavior_ But Blumlo did not discuss other actors involved and other factors which affected the overall prostitution policy ofAmerican Occupation.

Since this dissertation aims to show how the different GHQ-SCAP officials struggled and tried to rontrol prostitution as a multi-dimensional phenomenon (that resulted to the creation of ambivalent and rontradictory policies), it is important to inrorporate all the aspects which affected GHQ-SCAPs policy making by providing a chronology of evehts and presenting an interrelation of various roncepts used in examining the issue_ This paper attempts to show the whole process of why, how and when the prostitution policies were developed as the GHQ-SCAP officials faced different challenges involving (I) a wide-range of actors; (2) a dilemma whether to pursue GHQ-SCAP's ideal or practical goals; (3Y'outside ronstraints" or other factors (eronomic, political, military, socio-eronomic) which were not directly related with prostitution but had affected the way GHQ-SCAP officials decide on VD and prostitution issue. The following questions will guide us in examining GHQ-SCAP's prostitution policy making from the beginning till the end of the Occupation period.

Using a more romprehensive approach, this dissertation deals with the same subject (GHQ-SCAP's policy-making on prostitution) as Koikari's study (1999), but rovers the initial until the final stage of the

Oreupation. Different views and arguments from various officials and section staffs of GHQ-SCAP will be analyzed. By analyzing how the different GHQ-SCAP officials treated the prostitution issue based on the different factors and actors involved which influenced their policy-making, the multiple facets of

GHQ-SCAP's struggle with the prostitution issue throughout the Occupation period will be shown. By presenting these struggles, it is hoped that a better understanding of the nature of prostitution, military

11 culture and complex p.ower dynamics (not .only between an Occupier and the occupied nati.on, but within

the GHQ-SCAP .organizati.on itself), and how these aspects interrelate with the issues .of gender and

culture will be discussed. This dissertati.on will sh.ow that the interdependency of these vari.ous aspects

contributed to GHQ-SCAP's struggle with prostituti.on, which also created sh:ift.s in the history .of

prostituti.on in Japan.

Research questions and methods

By examining existing literature .on col.onizati.on and gender, US military's VD and prostituti.on

p.olicies, and GHQ-SCAP's prostituti.on p.olicy making, the f.oll.owing questi.ons are considered in this paper.

The general question which guides this paper is, "What are the distinct trends .of GHQ-SCAPs

prostituti.on p.olicies from the start till the end .of the Occupati.on period?" In particular, the following

questi.ons are considered:

(1) This paper builds up .on K.oikari's study (1999) which sh.owed how the Occupati.on .officials constructed the Japanese society as feudalistic and peculiar as compared to the m.ore civilized and democratic Western society. Koikari n.oted that the GHQ-SCAP .officials constructed the Japanese society as inferi.or in .order to legitimate its interventi.on in Japan. H.owever, K.oikari did not provide a background

.on how the American military men viewed Japan pri.or to the Occupati.on. A background on h.ow

American people debated prostituti.on in the mainland and particularly h.ow the military .officials viewed

Japanese pe.ople and the licensed prostituti.on pri.or to the Occupati.on sh.ould be examined to fill a gap between the US military's treatment .on VD and prostitution bef.ore and during the Occupation. In what ways did the American military .officials view the Japanese people as ''peculiar and inferi.or" during the pre-Occupati.on period? Why did they view the Japanese people in such ways? Is there a relati.onship between the ways American military men conceived Japan pri.or to the Occupati.on and the way they drafted their prostituti.on p.olicies during the Occupati.on period?

(2) K.oikari's study (1999) presented "cultural discourses" (such as cultural specificity and superi.ority) in discussing h.ow GHQ-SCAP.o£licials backed up their arguments in proposing reformist p.olicies .on prostituti.on during the early stages .of the Occupati.on. But as the Occupati.on advanced and came to an end, there were vari.ous ways GHQ-SCAP .officials debated the issue .on prostituti.on. The second questi.on will be discussed: What were the vari.ous types of discourses used by GHQ-SCAP .officials and staffs to back up their arguments in the p.olicy-making .on prostituti.on? Were there changes in the

12 use of various discourses by the different GHQ-SCAP officials and staffs from the beginning till the end of

Occupation? Ifthere were changes, what were the factors which led to these changes?

(3) The third question discusses the "outside constraints" or other factors which were not directly related with prostitution but somehow influenced the way GHQ-SCAP officials treated the prostitution issue from the start till the end of the Occupation: What were the outside constraints or factors which produced multiple facets of struggle among GHQ-SCAP officials in their policy making on prostitution?

How did the different section officials of GHQ-SCAP deal with the old and new issues, or issues which had direct or indirect relation with the policy making on prostitution?

The questions above will help us understand the whole process of GHQ-SCAP's policy making on prostitution from the start until the last stage of the Occupation. This paper will not cover issues relating with prostitution after the American Occupation. However, it is presupposed that the effects of

GHQ-SCAP's prostitution policy making continue to impact Japan's prostitution issue even after the

Occupation ended. There were unresolved issues (related with prostitution or more generally "sexual" issues) in Japan which still associated US military men even to this day. For example, the issue on R&R facilities for US soldiers near US military bases in Japan. Furthermore, there are also recent reports which involved some US military men who raped or committed other sexual offenses to Japanese women and girls in Okinawa. The findings of this paper will serve as a starting point for further studies which will discuss these unresolved issues.

As for the methods used, this paper will document GHQ-SCAP's policy m~ on prostitution and analyze GHQ-SCAP directives and orders (formal and informal) according to the following stages of

American Occupation in Japan: (1.) Initial stage (from August 1945- July 1947); (2) Middle stage (August

1947- December 1949) and the (3) Last stage (January 1950- April 1952). But before providing detailed information on GHQ's policy making as divided into three stages, this paper will provide a background on the preconceived notions of American military officials on Japan before the Occupation. The trends of

GHQ-SCAP's policy making on prostitution will be considered in the analysis. Although there were internal conflicts and non-consensus among GHQ-SCAP officials during the policy making, the prominent nature or feature of GHQ-SCAP's policies on prostitution, and the specified attitude of various

GHQ-SCAP officials'stance (whether or not GHQ-SCAP should impose their ideals to Japanese society or let the Japanese government deal with the issue) on prostitution became this paper's basis for dividing the Occupation into three distinct stages.

13 The initial stage (August 1945-July 1947) rovers a period when the GHQ-SCAP officials (especially

the civil section officials) were very idealistic and eager to propose measures aimed to democratize Japan.

GHQ-SCAP imposed radical and reformist policies to curb VD and regulate prostitution in the beginning

of the Occupation (such as the abolition of licensed prostitution). This stage ended when GHQ-SCAP

officials should have realized that their directive to abolish licensed prostitution and their informal order

to indiscriminately arrest women on the streets (suspected as streetwalkers) became an ambiguous policy.

This led to protests from Japanese human rights and women groups.

The middle stage (August 1947-December 1949) rovers a period when GHQ-SCAP officials

(particularly civil officials) had more indirect and lesser punitive directives on prostitution. They shifted

their approach in dealing with the VD and prostitution issue from a radical approach (in the initial stage)

to a lesser interference approach in the middle stage. This can be attributed to the "reverse rourse" which

also brought changes to GHQ-SCAP's overall occupation policy. This stage ended with the approval of

local ordinances which aimed to rontrol prostitution by some local governments and prefectures in Japan.

As will be shown in the body of this paper, the prominent features of GHQ-SCAP's policy making on

prostitution during the :first two stages were evident as civil sections' stances became dominant in

deciding how to deal with the issue.

The last stage rovers (January 1950- April 1952) the outbreak. of Korean War and how it affected

GHQ-SCAP's policies on prostitution. The prominent feature of this stage is the aggravating ronflict

between civil and military officials (and even among military officials themselves) in deciding whether to

totally suppress prostitution (especially solicitation among US troops near military bases) or not. GHQ

-SCAP officials did not rome up with an exact decision on how to deal with the issue "solicitation among

US troops." This stage ended when penicillin became readily available to US soldiers and Japanese public to cure VD. GHQ-SCAP officials were relieved because they did not have to struggle among themselves whether to total suppress prostitution or not. Until the occupation came to an end, GHQ-SCAP officials

did not approve proposals aimed to legally prohibit prostitution.

With. regards to the data used in this paper, several studies on GHQ-SCAP's policy-making on prostitution mainly used documents from the Public Health and Welfare (PH&W) Section of GHQ

-SCAP (Koikari 1999, Okuda 2007). In addition to the documents from PH&W, this paper will use and analyze primary sources obtained from other sections of GHQ-SCAP as well. The primary sources used in this paper are documents from GHQ-SCAP's Government Section, Legal Section, PH&W, Civil

14 Information and Education's (CI&E) Public Opinion and Sociological Research

Affairs Section, Provost Marshal and militaIy commanders' offices (the functions of each section

mentioned in this paper will be discussed in the first chapter). All SCAP documents (primary sources) used and analyzed in this paper were obtained from the National Diet Library, 'lbkyo Japan.

There are different kinds of documents and various types of information obtained from GHQ-SCAP

which indicates GHQ-SCAP's diverse structure. Different sections prepared, released and provided

different kinds of documents from (I) letters (eg. written proposals or recommendations from one section to another, letters of complaint, etc); (2) circulars (directives and notices intended for circulation or

distribution among different sections of GHQ-SCAP); (3) SCAPIN or SCAP instructions (orders of

GHQ-SCAP directed to the Japanese government, Ward and Sakamoto 1987); (4) memorandums (sent

by one section to other sections of GHQ), check sheets (a form of collecting and organizing GHQ-SCAP

data in categories in order to make analysis easier) and check notes (statement written by one section in reply to proposals recommended by another section); (5) survey results (from a series of opinion surveys

conducted by GHQ-SCAP's designated polling agencies and analyzed by PO&8R Division of

GHQ-SCAP); (6) handbooks and other educational materials for American militaIy men officials as well

as those enlisted troops, and (7) newspaper clippings related with the prostitution issue. The primary

sources such as GHQ-SCAP documents are cited as endnotes. The references of the GHQ-SCAP

documents are listed in the appendix (with the document title/description, date and microfiche sheet

numbers). GHQ-SCAP documents are arranged in chronological order. The documents are listed

according to the different sections where these documents came from. The secondary sources such as

articles from books, journals, thesis, dissertation, etc. are cited directly in the body of paper as inserted

notes. By analyzing these documents, it is hoped that a more comprehensive examination of GHQ-SCAP's policy making on prostitution be made.

Organization oftb.e Paper (3 Stages of the Occupation)

In analyzing GHQ-SCAP's policy making on prostitution, there is a need to examine how the

American militaIy officials treated the prostitution issue in general, and how they viewed the Japanese licensed prostitution in parti.cu1ar, prior to the Occupation. In addition to the presuppositions of American

militaIy officials on prostitution in Japan, this paper divides the Occupation period according to three distinct stages. The division was based on prominent trends of GHQ-SCAP's policy making and

15 GHQ-SCAP officials' varied stances regarding the issue. Below is the organization of the chapters

included in this paper.

Chapter 1 provides a brief background on (I) the history of prostitution from US Victorian Era till

the WWII (when US military employed the American Plan as a regulated prostitution system in their

colonies), and (2) the American military officials' preconceived notions on how Japanese people viewed sex

and prostitution before the American Oreupation period. This chapter also introduces how GHQ-SCAP as

an organization was formed (and how it works) by providing information on the functions of different

GHQ-SCAP sections mentioned in this paper.

Chapter 2 covers the initial stage of the Oreupation when GHQ-SCAP released radical directives

aimed to end licensed prostitution system. Through the abolition of licensed prostitution, women in the

brothels were liberated. The initial stage ends after civil officials of GHQ-SCAP realized the contradiction

of implementing a radical directive (abolition of licensed prostitution) and the indiscriminate arrest of women (who were suspected as prostitutes) on the streets provoked protests from human rights' and women's groups.

Chapter 3 discusses the shift from a radical to a less intrusive approach (such as letting the

Japanese government officials decide for legal measures prohibiting prostitution) in GHQ-SCAP's policy-making during the middle stage of the Oreupation. The transition occurred after GHQ-SCAP took a "reverse course" in its overall management policymaking. GHQ-SCAP officials became more cautious in directing measures which would incite possible opposition or resistance from the Japanese people. This chapter ends after the GHQ-SCAP officials cooperated with the Japanese government in encouraging the approval oflocal ordinances controlling prostitution.

Chapter 4 shows that in the last stage of the Oreupation, the outbreak of Korean War (which led to the rearmament of Japan and brought a great influx of American troops to Japan) resulted to the severity of conflict between the civil and military officials of GHQ-SCAP in deciding for measures which would prohibit the solicitation among Oooupation troops. However, the Oreupation ended without the

GHQ-SCAP directing the Japanese government to enact laws that would prohibit solicitation among US troops or nationally prohibit prostitution in Japan.

This paper will show that the distinct trends of GHQ-SCAP's policy making on prostitution were caused by many factors and actors involved in the issue. It was difficult for GHQ-SCAP as a whole, to come up with a unified decision on how to deal with prostitution, not only because of the oomplex

16 organizational structure of GHQ-SCAP but because of a diversity of issues (directly or indirectly related

with prostitution) that various GHQ-SCAP officials had to face. In addition, the historical precedence

(preoonceived notions on Japan held by some American military officials) of GHQ-SCAP's policy making on prostitution affected how GHQ officials molded their policies during the Occupation. Thus, there is a need to associate all these factors and actors, use a wide range of ooncepts (patriarchy, "human sexuality," eoonomic, etc) and associate all these ooncepts in oomprehensively examining GHQ-SCAP's policy making on prostitution.

17 Chapter 1- Representation ofJapan as ''feudalistic and undemocratic" (pre-Occupation stage, from wwn until July 1945)

During wwn, the Japanese people were perreived as "primitive, fanatical, sneaky and crueY' by the

Americans. The racial implications of the WWII was discussed by Dower (1986), presenting dominant perreptions of the enemy on both the Allied and Japanese sides. Dower ronsidered the WWII not only as a political and military war but also as a "race war' (Dower, 1986:4). In particular, Dower analyzed the images of Japanese people and society in the American propaganda/mass media.

The western Allies, fur example, consistently emphasized the 'subhuman' nature of the Japanese, routinely

turning to images of apes and vermin to convey this. With a more tempered disdain, they portrayed the

Japanese as inherently inferior men and women who had to be understood in terms ofprimitivism, childishness,

and collective mental and emotional deficiency (Dower 1986).

Dower added that these stereotyped images of the Japanese, can be traced from a pattern of race war in Europe and America even before WWII. ''The Japanese, so 'unique'in the rhetoric ofWWIl were actually saddled with racial stereotypes that Europeans and Americans had applied to nonwhites for centuries: during the ronquest of the New World, the slave trade, the Indian wars in the United States, the agitation against Chinese immigrants in America, the rolonization of Asia and Africa, the US ronquest of the Philippines at the turn of the century" (Dower 1986). The above studies (Johnson 1988,

Dower 1986) show that even before the American Occupation in Japan, American officials already had preronceived notions about the Japanese society (and vice versaI3). The Japanese society was perreived as peculiar and different from the Western, particularly American society by the American military officials.

This chapter discusses the ways in which American military officials viewed Japan and the

Japanese people prior to the American Occupation. It should be noted that this chapter will not present a chronology of events to trace the changes in the way Americans viewed Japan and the Japanese people during wwn and during the Occupation. The focus of this paper is American military officials'images of Japan, and not the general impression of American people on Japan. The main question which guides this chapter is: In what ways did the American military officials view the Japanese people as "peculiar and inferior" during the pre-Occupation period? Why did they view the Japanese people in such ways? In

18 particular, the way American military officials perreived the oonditions of prostitutes in Japan and prostitution in general will be discussed.

As a general background, a brief history of prostitution in America from the Victorian era till WWII will be traced. The prostitution-related policies of the American military officials during the WWI and

WWII called the "American Plan" will also be briefly discussed. By providing this background, it is hoped that the relationship between how American people viewed and debated prostitution since the Victorian era, and how American military officials treated the prostitution issue during the WWI and WWII be shown. This will also help us better understand the nature of GHQ-SCAPs policy making on prostitution during the Occupation, by presupposing that there is a relation between the way American military officials treated the prostitution issue in their own oountly and in their oolonies during the war, and the way American military officials dealt with prostitution during the American Occupation. In the latter part of this chapter, the organization of GHQ-SCAP and the functions of each section will be discussed.

This will help us understand how GHQ-SCAP works, and the implication of GHQ-SCAPs oomplex bureaucratic structure to its overall policy making on prostitution.

1.1 ''Feuda1isticJapan''

In the literature review, studies of gender in oolonialism and imperialism offer critical insights into gendered processes that show relationships in which power inequity is evident (such as those of a oolonizer and the oolonized; cxx:upier and the occupied natio:n), the oonvictions of racial, moral and sexual superiority by the more powerful and dominant societies were employed to justify their rules and policies in "reforming' or "civilizing" the less powerful and dominant ones (Burton 1994; McClintock 1995).

Another study which noted the same point about gender in oolonialism is Koikari.'s (1999). She stressed that "the oolonizers' claim for superiority often hinged on the oonstruction of the West as gender egalitarian and thus more progressive and civilized, and ofthe East as chauvinistic and thus uncivilized."

In studies of prejudice and national stereotyping, Johnson (1988) pointed out that wartime national character studies oonducted by America began as an adjunct ofWWII.

Many of the American anthropologists, psychologists and same scholars went to work fur the Office of War

Infurmation of other branches of government to ronduct national character studies to disrover what might break

the morale of societies with which the US was then at wm: But most of these anthropologists and psychologists

19 who set out to delineate its social and character structure had never been to Japan, rould neither write nor speak

Japanese, and had no deep prior acquaintanoo with the history or culture {Johnson 1988: 5).14

During the WWII, national character stUdies were conducted as part of American military strategy.

These studies were aimed to know their enemy and find ways how to break the morale of the people

whom US was at war. The national character studies also resulted to the creation of stereotyped images

of Japan and the Japanese, which were later made a part of the American propaganda against Japan

(Dower 1986). The portrayal of negative images on Japan by the US military officials was brought about

by two factors: (1) in general, the hate feelings American people had to the Japanese people as their

enemy during the war, and (2) the effect of the national character studies. In Johnson's (1988) book, ''The

Japanese through American Eyes," it was noted that during the early years of the WWII, the Office of

War Information (oWl) analyzed American films to see how Hollywood. was portraying Japan as the

enemy. It was found out that the

Japanese soldiem were pictured as less military than their German rounterparts, and were almost universally

cruel and ruthless. Japanese were short, thin, and wore spectacles. They were tough but devoid of scruples. In

almost every :film showing American·Japanese battles, the enemy broke the rules of civilized warfare {Johnson

1988: 19-20).15

The above-mentioned images only portrayed the brutality of Japanese soldiers from Hollywood. films. What about the images held by US military officials on the common Japanese people? A detailed

portrayal of the Japanese people and the Japanese society in general was presented in the Civil Affairs

Handbook. 16 This handbook was published on Ju1y 22, 1944 as a US Army Service Forces Manual and reference book for the American military officials' planning and policy-making. In the handbook, a social background of Japan was presented. Not only a portrayal of the Japanese people was shown, an explanation of why Japanese people acted in ways which are different and unique (compared to

Americans) was also discussed.

The authors of the handbook portrayed Japanese society as "feudalistic," due to Japan's long history of feudalism, which dates back late 19th century.17 The Japanese people were portrayed as more group-oriented than being individualists. They will prioritize the welfare of the group to which they

20 belong over personal interests. "As individuals, the Japanese have little opportunity for selfexpression, sinre the pattern and philosophy of Japanese life circumscribe and restrict them. They exist as units of a family, as objects of the state, as parts of a group to which they are always subordinated."18 In relation to this, the Japanese people were described as having a passion for unity which was "the subject of constant emphasis in the home and school, and by propaganda in the newspapers and over the air. Every individual is exhorted to subordinate himself to the whole group, to surrender himself to the single authority of the Emperor. There is very little room left in Japan for the dissenter."19

In terms of loyalty to their leaders (such as the Emperor), the handbook stressed that the feudal experienre of the Japanese "taught them to be loyal to their 10rd:'2D With the abolition of feudalism, "this loyalty was transferred to the Emperor. Thus, the Japanese have been conditioned to attach their loyalty to one person."21 With regards to the views of Japanese people to their Emperor, it was noted that they treated their Emperor like a god. ''Their Emperor is god, their land is divine, born of the gods, and they themselves partake of divinity."22

The Japanese people were also portrayed as people who have extreme national pride. "Japanese people carry national pride to the extreme of chauvinism ...Their mythological beginnings and their modem history both serve to feed their inordinate pride. 23 Because of this image of Japanese as having great national pride, the authors of the handbook already presupposed that "one of the crucial problems of the occupying forces may be to enable the Japanese to recover a minimum of selfrespect by some other means than violently irrational and selfdestructive behavior."24 Prior to the Occupation, the American military o:fficials were already worried about possible violent reactions from the Japanese people onre the

Occupation of Japan would begin.

The US military men also described Japanese people as having dual personalities. It was noted in the handbook that while "most Americans who have lived for a long time in Japan, testify to the refinement, kindliness, and delicate taste of the ordina:ry Japanese, those Americans who have experienced life in prison camps or have seen the troops in action in occupied lands will testify to the brutality and inhumanity of the J apanese:'25 The handbook explained that the one of the reasons for this dual personality was "the fact that nowhere else on earth did there a people with a record of such long-term, imposed restraints, dating back to the early feudal times.

The Japanese are hot'blooded, emotional people who have been regimented from the cradle to the grave, by

21 their government, by strict and hide·bound traditions, by parents, teachers, bosses, police and superior officers

in the army. The very strictness and severiW of lifu produces a frustration that may explode in violent action.

Their soci.ew offers them few outlets fur their emotion. Everything serves to lock it in, repress it, frustrates it. It

is bad taste to disagree with anyone. One must always observe precise ceremonies in one's relations with one's

associates, graded in obsequiW according to their station in lifu. One is constantly concerned with the minutiae

of existence. The emotions that other peoples discharge in occasional ange~ grousing, and quarrelling, the

Japanese store up and discharge all at once. Drink will sometimes set it oft war has done it, as evidenced in the

atrocities of Nanking and Bataan, but sometimes it just spills out in natural reaction to an oppression that has

finally become unbearable. At such times. In spite of the fetish ofloyalty, they have risen against their masters,

the feudal lords, and even the emperor. This could happen again."26

Another explanation for the dichotomy in Japanese life (as noted in the handbook) was that "the

Japanese have long been schooled in their responsibilities towards their 'in· group' their immediate family and relatives, their neighbors and friends, their fellow 'sons of the Emperor;' while they are absolutely callous to the interest of the "out· group;' the strangers, the foreigners the ketoiin (hairy Westemers}."'%1

They have convinced themselves that the Japanese are the superior race, in fact, the'only divine race. All others

are inferior and fur only to be slaves of the sons of the Son of Heaven. What happens to them is of no

consequence. They deserve no consideration, and ifthey are so impudent as to challenge the rightness ofJapan's

aims, they must be ruthlessly put out of the way. So runs the thinking ofthe average Japanese.28

'The authors of the handbook described the Japanese as having dual personalities because the

Japanese people were believed to have different behaviors toward their own people and to the people outside Japan. As a unified people of Japan (within one group), the Japanese people are kind, refined, very proud of their nation, and they will put the interest of their oountry and Emperor :first, suppressing individual interests, But the behavior of Japanese people was oonsidered oompletely different if examined from the "out-group," 'The Japanese people were portrayed as indifferent and cruel toward the feelings of other people (people from other nations). As a whole, the handbook represented more negative (having dual personalities, extreme national pride and loyalty to the Emperor, cruel and ruthless) than positive images of the Japanese (kindliness, refinement, etc.). 'The handbook also blamed the long-term feudalism

22 in Japan's history as the main factor why Japanese people were characterized as peculiar and feudalistic

by the American military men. In addition to the general perception of US military men on Japan and its people, the next section of this chapter will show how they conceived the licensed prostitution in Japan prior to the Occupation.

1.2 Lirensed prostitution in Japan

The licensed prostitution system [kosho seidcl in Japan started in the late 16th century when the government administered and confined gay quarters to areas such as in Edo. In the latter part of the 16th century, particularly at the beginning of modem period, the ethical implications of the term

[baziiil, a term prior to [ba.i9hun] which means prostitution, was used to refer prostitution which connoted unfavorable acceptance from the Japanese society (Sane 2(03). Although the public prostitution system continued through the commercialization and urbanization of'Ibkugawa society, development of "private" prostitution

1926. However, due to industrialization, Japanese sex industry prospered in the early 20th century, when

'new types of men' to work in urban factories were demanded, and providing an appropriate sexual outlet for men was a premium concern by some Japanese government officials llie 1997).

A brief background on prostitution in Japan prior to the Occupation shows that the features or trends of prostitution in Japan vary in a particular period llie 1997, Sone 2003; Nakano 1967). It was also shown that before the Occupation, ''private'' or "unlicensed" (as compared to women who worked in licensed brothels) prostitutes have already existed in Japan. This implies that even if there was a licensing prostitution system in Japan, there were also some women who clandestinely solicited on the streets for prostitution. Based on the handbook, the US military men's preconceived notions on Japanese prostitution were focused on the licensed prostitution system only. Before discussing how US military men viewed the licensed prostitution system of Japan, it is important to know how the American military men viewed a common Japanese woman.

According to the handbook, the image of a common Japanese woman as subordinate and chaste was believed to be a product of a strong Japanese family system, which resulted to the insistenre upon

23 masculine dominance in Japan. It was also stressed that as effects of the feudal period,

The Japanese woman was expected to be obedient, chaste, industrious, and quiet And the first of these

requirements was obedienre. These feudal patterns have persisted to a surprising degree into modem times,

so that the :fOllowing picture of the Japanese woman's life is almost as accurate fur the period 1890·1930 as fur

the feudal period.: Her marriage was arranged for her and she was not expected to oomplain ifher husband, as

he often did, spent more of his evenings with geisha girls or prostitutes than with hel: If she was poor she

learned to cook, to sew, and to work in the fields, or the mills. Ifshe was rich, she learned the intricacies of the

tea reremony; the aesthetics of flower arrangement, and how to play on the three·stringed shamisen. She was

a dutiful daughteJ; obedient sisteJ; good wife, and kind mothel:31

In addition to the images of a oommon Japanese woman (Particularly a wife) who is expected to be obedient and chaste, the images of geisha and prostitutes were portrayed as women who entertain men including Japanese husbands. The portrayed roles of geisha and prostitutes were also implications of women's subordination and domesticity. In the handbook, it was implied that Japanese men including married men can spend time with geisha and prostitutes without expecting any oomplains from their wives.

The attitudes of the Japanese people toward sex were also discussed in the handbook It was noted that "in schooL boys and girls are separated, and even in these they are never taught in the same classroom."32 It was stressed that the "Japanese gentlemen like any other, enjoy the savor of the cities were showing an extreme fondness for the modem and unorthodox form of Western·style entertainment.

The taxi dancers and bar girls became modem versions of the geisha."33 Taxi dancers are women employed in dance halls (called taxi dance halls) or nightclubs, to dance with the patrons for a fee

(Cressey 1932). The term "taxi dancer" was derived from the fact that the dancers are hired, like taxis, for a short period of time.34 The general view of US military men about the fondness of men for modem style of entertainment implies that like the Western men (including American men), Japanese men have a great inclination to entertain themselves with modem "geishas" or women equivalent to the

Western "taxi dancers and bar girls." The mentioning of the phrase "unorthodox form of Western style entertainment" also indicates a double standard of sexual behavior. Because it appears to suggest that men (whether Western or Japanese) can enjoy sex-related forms of entertainment such as engaging

24 with women in the bars or brothels, even if this form of entertainment was considered "unconventional"

in the West.

The handbook discussed that feudalism resulted in putting Japanese women in the lower class of

the society, restricting them to famjlja] and domestic roles. The handbook also mentioned that a "geisha"

is a product of feudalism. "The geisha are Japan's late feudal counterbalance to the subordination of

women in the home, and to the fact that general social life among men and women does not exist outside

the family."35

In terms of the American military officials' notion on how the Japanese society dealt with issues

related with the licensed prostitution system, the handbook noted that

Licensed prostitution has been the source of oonsiderable embarrassment to Japan in her relations with the

Western nations. She :fOund it difficult in 1925 to reooncile her licensed prostitution system with the

requirements of the League of Nations, which at that time was asking fur the prohibition of traffic in women

and children. Japan has always been sensitive to world opinion and did not want to be oonsidered backward.

So, she generally agreed to all proposals in principle, and promulgated a law in 1926 ostensibly freeing

licensed prostitutes from their oontracts, but still permitted the old practice to oontinue.36

There is also a section in the handbook which mentioned the different "classes of prostitutes (shogff' such as (J) kosho, (2) shakufu and (3) geisha. It further described that "these girls are not unhappy as a rille. It has been their life since girlhood and in this realm, as in all others in Japan, women are trained no to think or desire beyond their own realm."37

The term "unorthodox form of Western entertainment" was mentioned in the handbook to refer to engaging with taxi girls and women in the bars, which implies that this form of entertainment are not religiously or morally accepted in the Western standards. However, it was indicated that men (whether

Western or Japanese men) enjoy these "unorthodox" forms of entertainment, which is a double standard view of sexual behavior by the US military officials. The handbook also portrayed Japan as a country where it seems alright for men including husbands to spend more time with geisha and prostitutes because the common Japanese women and wives were portrayed as subordinate, obedient and were expected not to complain. The subordination of common Japanese women and geisha was attributed by the military men to a long history of feudalism in Japan. The military men also showed a negative image

25 of Japan's licensed prostitution system by putting emphasis on the practice as a form of debt bondage and trafficking of women and children. Thus, American military officials demonstrated strong disfavor with the licensed prostitution system of Japan only, but they did not mention anything "negative" about unlicensed prostitution in Japan, which also existed prior to the Occupation.

In a study on legal indentured prostitution in Japan (prior to its abolition during the American

OreupatioN, Sanders (2005) notes that although ''the indentured prostitute had extremely limited freedoms and rights to her body, she was often the most important contributor to her household income.

While brothels drew them away from home bodily, prostitutes were close to their families. Aoo>rding to

Sanders (2005:3), being important contributors to their household income, "gave women a powerful position in their families." But the American military men mainly viewed the Japanese women in licensed brothels as victims of indentured labor, and criticized the licensed prostitution system as

"undemocratic."

1.3 Prostitution from US VICtorian Era until WWII

It is important to know how the licensed prostitution in Japan was viewed by the US military men prior to their Oreupation of Japan. And it is equally significant to know how the American military officials treated the prostitution issue in their own countzy prior to the American Occupation. This will help us understand the nature of the prostitution-related policies of the American military administration during the WWI and WWII. Studies on the history of prostitution in America particularly during the

United States Victorian era (1840-1900), show an evolution of thoughts as prostitutes experienced empathy in the beginning of the century38 then utter rejection towards the end. The Victorian era was known for their strict moral people who looked down on anything or anyone that deviated from the social norm. Thus, most people were against prostitution (Sanger 1939, Bullough, 1987, Pivar, 1973). A trend on the research on prostitution was developing during the nineteenth century in America. In his book 'The

History of Prostitution," Dr. William Sanger (1939), a promiIient American physician in the Victorian period investigated the causes and effects of prostitution. He explained that "prostitution is coeval with society," and noted his assumption on the origins of prostitution:

Our earliest acquaintance with the human race discloses some sort of society established. It also reveals the

existence of a marriage tie, varying in stringency and incidental effects acrording to climate, morals, religion, or

26 aocident, but every where essentially subversive of a system ofpromiscuous intercourse. No nation, it is believed,

has ever been reported by a trustworthy traveleI; on sufficient evidenre, to have held its women generally in

common. Still there appear to have been in every age men who did not avail. themselves of the marriage

covenant, or who could not be bound by its stipulations, and their appetites created a demand fur illegitimate

pleasures, which female weakness supplied. This may be assumed to be the real origin of prostitution

throughout the world, though in particular localities this first cause has been assisted by female avarire or

passion, religious superstition, or a mistaken sense ofhospitality.39

Prostitution evolved into a highly visible, industrialized business with economic development, industrialization, and urbanization in the mid-1gth century United States (Barry 1995:96). The industrialization increased the market demand for prostitution because of an increased standard of living that came with the new prosperity of the business classes. In finding ways to solve the prostitution problem, prostitution movement in the US during the Victorian period was divided into two groups; the abolitionists and the regulationists. The abolitionists who consisted of reformers and Christians wanted to completely wipe out prostitution and educate children to steer clear of it. The abolitionists looked to moral traditions and social concern, believing that prostitution was the ultimate social evil (Pivar

1973:33). However, the solution favored by abolitionists offered the prostitutes no other alternative means of living (Bullough 1987: 245). The regulationists on the other hand, aimed to legalize prostitution. The police and physicians who supported regulation or legalization of prostitution were not moved by religious enthusiasm towards moral purity but more concerned with realistic matters of controlling venereal diseases, sanitation, and crime (pivar 1973=33). Although the military and medical community wanted to regulate prostitution supposedly because of the diseases, they did not deal with them very effectively.

Police abuse was already an issue and to regulate prostitution would only give them more power

(Bullough 1987: 245). Dr. Sanger (1939) who was a regulationist notes

But if history proves that prostitution can not be suppressed, it also demonstrates that it can be regulated, and

directed into channels where its most injurious results can be encountered, and its dangerous tendencies either

entirely arrested or materially weakened. This is the policy to which civilized communities are tending, and to

aid the movement it is needful that the subject be examined, even at risk of the world's contumely (Sanger 1939:

20).

27 In the 20th century, these studies note that the ideals of the latter Victorians were kept in the

American society. The American society's outlook towards prostitution has not changed even until the end

of the WWII. Studies on military prostitution in the US and their colonized countries show that America

had a policy toward commercialized sex called "American Plan." This policy "constitutes its first clear

institutionalization ofprohibitionism during World War r' (Fujime 2006). Historically, prohibitionism. was

motivated by the imperative to protect military personnel from sexually transmitted diseases (STDs) by

licensing women who sold sexual services (Fujime 2006).40 However, unlike the prohibitionism, the

American Plan was implemented by providing the soldiers antiseptics41 and treating them in VD clinics,

since the soldiers acquired VD not only from licensed prostitutes but from streetwalkers and clandestine

prostitutes. Furthermore, the American Plan gave military commanders the authority to prohibit the sale

of sex in areas surrounding military bases for the protection of their troops from VD.

The May Act42 in 1941 made it a federal offense to engage in prostitution or to solicit for the

purpose of prostitution within reasonable distance of any military or naval camp. It was intended to be

temporary, but extended in 1948 (Brandt 1985). This law shifted the US policy on military prostitution

from licensing of prostitutes to prohibiting the sale of sex in areas surrounding military bases for the

protection of their troops from VD. Some studies note that the American plan produced a contrasting

policy of encouraging soldiers to purchase sex by providing them antiseptics while prohibiting the sale of

sex near military establishments (Fujime 2006, Tanaka 2002, Blumlo 2004). These studies also stressed that the American Plan as a VD policy influenced the reorganization of the Japanese prostitution system

during the Occupation era in Japan.

In addition to Fujime's (2006) study on American Plan, Tanaka's study (2002) used a large number of relevant documents at the US National Archives (especially the Blumfield Report43) and found out that during the World War II, the US War Department's attitude towards VD and prostitution amongst forces based at home was quite different from its attitude towards the same problems overseas. Tanaka showed that as an official policy, "the War Department certainly did not adopt a policy of permitting or encouraging the establishment of supervised houses." However, it arranged the mass distribution of condoms and disinfectants. The armed forces also instructed soldiers on how to apply chemical prophylaxis immediately after visiting brothels, by providing "prophylactic stations" in red-light districts frequented by US soldiers in overseas theaters from early in WWII." (Tanaka 2002). By examining the

28 Brumfield Report, Tanaka also made it clear that many US military units:

either directly or indirectly controlled local prostitution as an effective measure to suppress VD. This was done

under the responsibility of local commanders who clearly knew that such actions were in contravention of the

War Department's official policy. Usually in such cases, certain houses were selected from existing brothels in

the vicinity of the militaIy camp. Medical officers often conducted VD examinations with prostitutes working at

those selected houses. Soldiers were instructed to use only those designated houses, and to make sure they

visited a prophylactic station set up in that district immediately after visiting those houses. In some places,

prophylactic fucilities Were provided to the designated brothels by the troopS.44

Both studies of Fujime (2006) and Tanaka (2002) clearly show that the US War Department had an ambiguous policy in curbing VD among its troops overseas. As an official VD policy; the lirensing or supervision of brothel houses for their troops was not encouraged, but the provision of condoms, disinfectants and approval of the use of prophylactic units indicates the toleration of their troops' use of prostitutes and regulated brothels. The opposing prostitution policies of US military during WWI and

WWII are a reflection of the continuing struggle on prostitution sinre the Victorian Era.

1.4 How did the GHQ-SCAP work?

As the leading member of the Allied nations, the United States played a dominant role in determining and executing policy in the occupation of Japan. Although a special commission (Far Eastern

Commission! FEC45) composed of representatives from Allied Power nations was established to review proposed policies of the Oreupation (GHQ-SCAP 1990, vol. 1:1), the United States could exercise wide discretion in the Oreupation's policy making. With regards to the administration of the American

Oreupation in Japan, "controls were supervisory rather than operational, and by preserving the continuity of government the risk of chaos was avoided."46 Before presenting a chronology of events which molded GHQ-SCAP's prostitution policies and the cultural arguments deployed by the different sections of GHQ-SCAP in particular, I will give a brief overview on how Oreupation poliaias were made.

First, the general outline of early Occupation po1icy was established by directives from Washington, while concrete implementation was largely entrusted to the judgment of General Douglas MacArthur47 and the civil administrators ofSCAP.46 Second, the SCAP was composed of persons from a wide diversity

29 of backgrounds. One group, referred to as the ''Bataan Boys," consisted of close associates of MacArthur who had served on his staff sinoo the start of the war. Others were career military offioors who had fought in the Pacific theater. SCAP also included technical experts, academicians, government officials, "old

[prewar] Japan hands," and a number of second-generation Japanese-Americans (Redford 1980). Lastly, with regards to the steps in the GHQ-SCAP's policy-making proress as it operated in Japan, (I) SCAP officials comes to agreement over a law or policy in the form of directives called SCAPIN (Ward and

Sakamoto 1987). Directives were used primarily in bringing about the elimination of restrictive laws, practices and institutions whose existence presented a threat to democratic development (GHQ-SCAP

1990, vol. 1:7); (2) the measure will be hammered out in closed sessions between SCAP and Japanese governmental authorities; (3) the measure will be made public and formally approved by the Diet (Pharr

1987: 233). In sum, it was shown that first SCAP drafts the directives and consult with the Japanese government officials. After consultation, the Japanese government will decide for a final legal measure and implement it to the Japanese people.

So, how and when was GHQ-SCAP formed? From the GHQ of United States Army Forres, Pacific

(USAFPAC)49 during the WWII, the administration of the Occupation in Japan was changed to

GHQ-SCAP. In conjunction with the Military Government of USAFPAC, an Economic and Scientific

Section (ESS) and a Civil Information and Education (CI&E) Section were established which performed staff functions related to nonmilitary activities for the Supreme Commander. The USAFPAC became an advanced echelon of GHQ, for staff work in the execution of Supreme Commander's dutiesOO before arriving in Japan. However, when the GHQ-SCAP was established on October 2, 1945, GHQ-SCAP replaood the Military Government Section ofUSAFPAC.

The GHQ-SCAP consisted of a group of coordinate special staff sections organized along functional lines to deal with nonmilitary aspects of the Occupation. The ESS and CI&E sections ofUSAFPAC were transferred to the GHQ-SCAP. Since then, the general and special staff sections of GHQ USAFPAC Oater became FEC), performed limited functions for SCAP.51

The SCAP staff sections, rontrary to the usual military practice, were all on the same level and were directly

responsible to the Supreme Commander through the Chief of S~ and the Deputy Chief of Staff for

SCAP ... The initial GHQ-SCAP organization included 10 special staff sections. While a relatively small number

of sections were later added and a few discontinued, the general organization remained essentially unchanged

30 until the middle of 1951, when the closing out of occupation responsibilities permitted the gradual absorption of

SCAP units by functionally related FEC sections.53

The GHQ SCAP also exercised command of Occupation forces (those US forces ofUSAFPAC, stationed in Japan and British Commonwealth Occupation Forces54 constituted the Occupation Forces) through the Commanderin-Chief USAFPAC, utilizing the command structure first of USAFPAC and later of FEC. lniti.a11y the Sixth and Eight Armies, USAFPAC, occupied the land area of Japan except small areas occupied by US Naval Forces ashore. On January 1, 1946, the Eight Army assumed the occupation responsibilities of the Sixth Army. Although these were military forces, they performed numerous nonmilitary duties for SCAP.55 As previously mentioned, the GHQ USAFPAC staff sections were designated as part of the SCAP organization, for which they performed limited functions during the

American Occupation in Japan.

Since the primary functions of GHQ USAFPAC staff sections were military, their organization was designed

largely to handle military staff responsibilities. Howevet; in each section, SCAP matters were handled

separately from those ofUSAFPAC or FEC. Sometimes a division was established to handle SCAP affairs, but

generally a branch, unit or smaller divisional segment in a oonventional military division of the section

perfurmed the assigned SCAP duties.56

The background information on how GHQ-SCAP was formed tells us that there are two major divisions among different GHQ-SCAP sections according to military and civil functions. With regards to the regional and local leveL the Occupation organization included military government teams whose functions were limited to surveillance and reporting. Military government officials were not authorized to give orders or direct the operation of Japanese government agencies. As a procedure, SCAP gave instructions to the national government; implementing orders and instructions for local government agencies which were formulated by the national Government and sent through its own channels to the local governments.57 In sum, the GHQ USAFPAC was the main organization of US military during the

WWII in the Pacific theater. Although USAFPAC included few special sections which handled non-military matters, many of its main sections were in charged with military affairs. Comparatively, during the American Occupation in Japan the GHQ-SCAP was composed of a greater number of special

31 sections that had civil functions than the sections with military functions (as shown later). Thus, it

becomes clear that from the military adnrinistration of US during the WWII, the adnrinistration of the

Occupation in Japan through GHQ-SCAP was aimed more with civil and non-military affairs than the

military matters. However,

The fact that GHQ-SCAP and GHQ-FEC were physically oombined and that oortain staff sections served in a

dual capacity enabled each staff to obtain infurmation and the assistanoo of specialists from the others as

required This permitted a close ooordination of militaly and civil interests in those actions that were of mutual

ooncern.58

The functions of the following SCAP sections (which played major roles in GHQ-SCAP's

policy-making on prostitution, and are mentioned in this paper) are enumerated. The first 7 sections

belong to SCAP's "Staff Sections," which were in-charge with non-military affairs, while the Occupation

Forces was comprised of different military sections.

(1) Adjutant General

branch in the AG Section supervised SCAP affairs but later a SCAP unit of the Miscellaneous Branch of

the Operations Division was established as the principal servicing agency for SCAP administrative

operations. The Adjutant General coordinated, edited and authenticated SCAP correspondenre and

directives, processed clearances for travel to and from Japan, supervised publication activities, prooossed and distributed correspondence and signal messages, and maintained an office of record and a reference library.59

(2) Civil Affairs Section (CAS) - The CAS was organized as a special staff section of SCAPOO on

January 1, 1950. The assignment of the Civil Affairs Regions, the Hokkaido District and the Civil Affairs

Section, Headquarters, Eight Army was transferred from the Eight Army to GHQ-SCAP.61 The Civil

Affairs Section maintained liaison with the other SCAP staff sections to insure adequate orientation of field surveillance and reporting, provided operational supervision of the activities of the regions and transmitted information received from the regional organizations to the appropriate GHQ staff section.62

(3) Civil Information and Education (CI&E) Section - was established in January 1, 1946. It was

32 in-charge with matters relating to research and education, religion and cultural resources. It was also responsible for planning projects and disseminating information within and outside SCAP. In the latter period of the Occupation, Public Opinion and Sociological Research (PO&SR) Division was organized, to guide Japanese public opinion agencies and provide SCAP with information on reactions and attitudes of

Japanese people.63

(4) Economic and Science Section (ESS) - The ESS was established on October 2, 1945 to advise the

Supreme Commander on economic industrial, financial and scientific policies. The section assumed responsibility for staff activities in relation to labor although its establishing order did not specifically assign this function. Under Major-General William Marquat, this section supervised taxation and trade regulations.64

(5) Government Section (GS) - was established October 2, 1945 to advise the Supreme Commander on the status of and policies relative to the internal structure of the civil government of Japan. Initially it had similar responsibility in relation to the Military Government of Korea but this was eliminated in

February 1947.65 Under Major-General Courtney Whitney, this section worked with the Japanese government in drafting legislation and implementing reforms (Bailey 1996: 28).

(6) Legal Section (LS) - was established in October 2, 1945 to advise the Supreme Commander on general legal matters concerning the Occupation and on policies and procedures with respect to war crimes. The functions of Legal Section were to furnish legal advice, investigate war crimes, prosecute accused war criminals, maintain a central registry of war crimes and suspects... ,and recommend the composition of and rules and procedures for occupation courts for the trial of persons accused of violating occupation regulations.66 The organization included Prosecution, Investigation, and Criminal Registry

Divisions and a Law Division charged with advising on legal questions arising in connection with

Occupation activities in government, finance, banking, trade and commerce, admiralty and international relations.67

(7) Public Health and Welfare (PH&W) - The PH&W was established on October 2, 1945. The

PH&W Section was made responsible for instituting health and welfare measures that would prevent

33 widespread disease and unrest in the civil population, establish or re-establish normal health rontrol procedures, and expedite the development of essential public health and welfare activities. Assigned functions specified that the section should require Japanese government agencies to institute standards of health, sanitation and quarantine in ronnection with repatriation that would prevent danger to the

Occupation Forces. The PH&W rerommended policy for, supervised and directed activities related to the production and distribution of medical, dental, veterinary, sanitary, and welfare supplies and equipment; the rontrol of production of and traffic in narcotics; the coordination of pertinent reports; and the improvement of educational and other facilities engaged in health and welfare work.68

(8) Occupation Forces- On August 26, 1946 the Occupation Forces was romposed of Eight Army;

Commander, Naval Activities, Japan; Pacific Air Command US Army (USAFPAC); Allied Land Foroos;

Allied Naval Forces and Allied Air Forces.69 The Occupation Forces was joined by British Commonwealth

Occupation Forces

Far East in 1947.70 The Military Government Section, GHQ, Eight Army was established in January

1950, as a special staff section and assigned responsibility for military government operational activities.71 It was romposed of USAFPAC military government personnel assigned to the Sixth and

Eight Armies for further assignment to staff positions at the army, rorps or division level or to military government units that were to function at prefectural and local levels at the early stage of the

Occupation.72

From the background shown above, it is important to note that there were some changes in the organization of GHQ-SCAP (such as addition of divisions or subsections, or change of officials and personnel, etc.) as the Occupation progressed. The changes affected not only the clifferent sections, but even the personnel and officials of clifferent sections. The officials and staff did not hold fixed and permanent positions throughout the Occupation period. The bureaucratic structure of GHQ-SCAP or the romposition of clifferent sections and personnel who had clifferent goals and interests rontributed to the shaping of GHQ-SCAP's policies on prostitution.

Summary

This chapter discussed how the American military officials viewed the Japanese society in general, and how they viewed the lioonsed prostitution system in particular, before the American Occupation of

34 Japan. Japan was portrayed as "feudalistic" and the Japanese society (people) as "peculiar" by the

American military men. The American military officials considered Japan as "feudalistic" by portraying

the Japanese people's extreme loyalty to their leaders (eg. lord and Emperor), great national pride and

passion for unity. The women were also believed to be subordinate and were restricted to domestic roles.

The Japanese people were also described as having "dual personalities," when their behaviors are

examined ''within the group" and "outside the group." The Japanese people were portrayed as people who

are more group-oriented, prioritizing the welfare of their group over their individual interests. But when the Japanese people's behavior was examined from the "out-group" perspective, they were portrayed as indifferent to foreigners, cruel and ruthless. The brutality and inhuman nature of the Japanese were portrayed as characters of Japanese soldiers in the war. The portrayal of the Japanese people by the US military reflects more negative than positive images of the Japanese. The Civil Affairs handbook (which was a significant educational material for the American military men, both officers and enlisted men,) pointed to Japan's long history of feudalism as the main factor why Japan was considered "feudalistic" and the Japanese people "different," when

compared to the Western (American) society and people. The stereotyped images of Japan can also be attributed to the "hatred" feeling Americans had to the Japanese people, being its enemy in war. The

national character studies conducted by the US also played a significant role in creating stereotyped

images of Japan which were later made a part of the American propaganda against Japan during WWII. In terms of the preconceived notions on the licensed prostitution and prostitutes in Japan, the American military officials portrayed Japan as a country where it seems alright for men (including

husbands) to spend more time with geisha and prostitutes because commonly, Japanese wives were

expected not to complain. The subordination of both non-prostitute women and geishas was also portrayed in the handbook. The portrayal of geisha and prostitutes suggest that their roles are acreptable in the Japanese society. The US military's preconceived image of the licensed prostitution was similar with their images of geisha and prostitutes. The military officials thought that like geishas, licensed prostitution was believed to be an acrepted practice by the Japanese society. However, the military men (authors of the handbook) highlighted the negative image of Japan's licensed prostitution system by portraying that the practice is a form of debt bondage. The US military men demonstrated strong disfavor with the licensed prostitution system. They did not consider the roles played by the women working in the licensed brothels as important contributors to their household income, which gave these

35 women a powerful position in their families (as discussed by Sanders 2(05). In addition, the focus of US

military men's stereotyped image was only lirensed prostitution, they did not mention about unlirensed

prostitution which also existed along with the lirensed prostitution in Japan.

The handbook also showed .the general perreption of the American military soldiers with regards to

sexual forms of entertainment by stressing that engaging with taxi danrers and women in the bars was

considered ''unorthodox'' in the West. However, it was indicated that men (whether Western or Japanese

men) enjoy these "unorthodox" forms of entertainment. This statement implies a double standard view of

sexual behavior by the American military.

The background on the history of prostitution in America from the Victorian Era till the WWII

helped us to understand the relation between the American people's view on prostitution sinre the

Victoria Era and the American military officials' prostitution policies during the WWI and WWII. The

shift in the American attitudes on prostitution, from "empathizing with the prostitutes" in the beginning

of the Victorian era into ''rejecting and hating" them at the end of the Victorian period created a debate

among the abolitionist and the regulationist groups. This struggle continued until the WWI and WWII

when the VD control policy called American Plan failed to curb incidenre of VD among their troops

abroad. The American Plan as a regulated prostitution measure implied an opposing policy by providing

American soldiers VD clinics and self-employed medical kits, and at the same time authorizing military

commanders to legally prohibit prostitution near military bases. The US prostitution policies also

demonstrate a conflict of interests between the military leaders who aimed to pursue practical goals of curbing VD among their troops, and the government officials who aimed to pursue idealistic goals by imposing moral standards.

In discussing how the GHQ-SCAP works, it was observed that although GHQ-SCAP was formally composed of Allied member nations, the US (particularly, the Supreme Commander MacArthur himself) played a dominant role in determining and executing policy in the Occupation of Japan. The GHQ-SCAP is a bureaucratic organization composed of civil and military sections which were also composed of various officials and staffs who had different backgrounds and interests. These officials and staffs did not always agree in proposing or approving directives. GHQ-SCAP also worked under pressure of the US government in Washington, thus, some if not most of their policies and actions were influenced by the politicians and lawmakers in the mainland. In terms of the proress of GHQ-SCAP policy making, the

GHQ-SCAP officials worked hand in hand with the Japanese government authorities. After a proposal or

36 directive has been approved by GHQ-SCAP, they had to negotiate with the Japanese officials, and the

Diet will finally approve the GHQ directive. So, the bureaucratic structure of GHQ-SCAP and the consideration of many other actors involved in the overall policy making imply that the GHQ-SCAP works in a very dynamic and intricate way.

This chapter documented the ways American military officials treated Japan and its people as

''peculiar,'' and "feudalistic," which stem from the American military men's feelings of hatred towards

Japan as their enemy in war. This chapter also explained why the US had an ambiguous VD and prostitution policy prior to the American Occupation of Japan. The opposing prostitution policy can be trared back to the Victorian Era when the abolition or regulation of prostitution was debated. Lastly, the complex and bureaucratic nature of the GHQ-SCAP organization helped us to understand the intricate and dynamic nature of GHQ-SCAP as an organization. These findings did not only provide an important historical background. The findings will guide us in understanding what really happened in GHQ-SCAP's policy making on prostitution during the Occupation.

37 Chapter 2 - Holding up Western. ideals of democracy

(Initial stage of the Oreupation,August 1945-July 1947)

After the end of wwn, Japan was devastated. Major cities and industries were ruined and the transportation networks were severely damaged. There was food shortage. The aftermath of war caused anxiety, physical and emotional stress to the Japanese people. In a period like this, another great challenge that the Japanese people had to fare was the process of rebuilding Japan through the hands of the Allied

Occupation officials. The arrival of Occupation troops (oomposed mainly of American, and a few British troops) in August 1945 marked the beginning of a 7-year Occupation of Japan. The Occupation was mainly carried out by the US under the leadership of General MacArthur who was the first Supreme Commander of the Occupation. Several studies on postwar Japan stressed the positive oontribution made by the

American Oreupation in rebuilding Japan after the war. These studies claimed that the Occupation played a significant role in the transformation of the Japanese political, eoonomic and educational system (Takemae 2002, Schaller 1985, Hood 2(01).73 With regards to policies related to gender and sexuality, the

GHQ-SCAP introduced directives and refurms such as promoting gender equality (by including provisions for women's suffrage74 in the Japanese oonstitution), and abolition of lirensed prostitution (Gordon 2001,

Bailey 1996). These policies were based on the American Occupation's idealistic goal to democratize Japan.

However, there are also studies which described the Occupation's democratization policies as examples of a social experiment (Smith 1995, Pharr 1987), and they were critical about this kind of experiment

(Koikari 1999, Koshiro 1999). For example, Pharr showed that standard acmunts of the policy-making activities in the area of women's rights oonsistently have failed to put these changes (in gender equality in

Japan) in a meaningful oontext because "most analysts have chosen to focus on how radical the changes were in relation to the status quo in Japanese society" (Pharr 1987: 222). Pharr (1987) stressed that the changes in Japanese gender relations might be too radical for the Japanese society. Pharr acknowledged that the GHQ reforms introdured in Japan were progressive in relation to views in Western societies. But these reforms and laws introdured by an American Occupying force went far beyond what the US Congress, the state legislatures, and many Americans were willing to acrept in their own oountry, even in the 1980s, in the area oflegal guarantees for women's equality and rights (Pharr 1987: 222). Another example is that of Koikari's (1999) study. She criticized how the way Occupation officials represented the Japanese society as "feudalistic" and "peculiar" as oompared to the more civilized and democratic Western society in order to

38 legitimate GHQ-SCAP's intervention in Japan (Koikari 1999:319).

In criticizing the effects of GHQ-SCAP's policies to the prostitution issue in Japan at the beginning of the American Occupation, studies have shown that the American intervention into the prostitution issue in

Japan led to ambiguous policies and measures (Koikari 1999, Tanaka 2002, Kovner 2004, Fujime 2006 and

Okuda 2007). The ambiguous policies which these studies refer to is the abolition of licensed prostitution

(without directing the Japanese government to prohibit the reorganization of licensed brothels into special bars and cafes in segregated districts), while indiscriminately arresting women suspected as streetwalkers.

These studies did not discuss in detail the factors which led to the ambiguous policies of GHQ-SCAP.

However, the policies described in these studies were considered to be based from GHQ-SCAP's two different goals (1) the ideal aim to democratize Japan, and (2) the practical aim to curb VD among their troops.

Studies of Koikari (1999) and Pharr (1987) analyzed the US interventions into Japanese gender relations using complex matrix of power75, not just the simpleJbinary framework of power relation between

America as the Occupier and Japan as the Occupied. Their studies examined the power hierarchy within the GHQ-SCAP as a complex bureaucratic Structure,76 which led to conflict between civil and military officials, higher and lower officials. These studies also indicated that the internal conflict within GHQ-SCAP influenced the creation of ambiguous gender-related policies of the Occupation. But their studies only focused on GHQ-SCAP's complex structure, they did not consider other factors which might lead to

GHQ-SCAP's ambiguous policies on prostitution. In line with the general aim of this dissertation which is to make a comprehensive examination of GHQ-SCAP's policy making on prostitution by incorporating all the aspects which affected in some ways GHQ-SCAP's policies, this chapter attempts to show other factors that led to GHQ-SCAP's ambiguous policies and tries to present a more comprehensive explanation about this subject.

The :first question considered in this chapter is: Why did the GHQ-SCAP come up with contradictozy prostitution policies at the beginning of the Occupation? This question was already posed in the above-mentioned studies, but there has not been a satisfactozy answer provided yet. In particular, this chapter analyzes GHQ-SCAP's prostitution policies during the initial stage of the American Occupation.

The background information provided in the first chapter: (1) the way American militazy officials viewed

Japanese society and the licensed prostitution system prior to the American Occupation; (2) the struggle with prostitution as a complex issue during the US Victorian Era; and (3) the complex and dynamic

39 structure of GHQ-SCAP, serves as a starting point in understanding how GHQ-SCAP officials treated the prostitution issue in the initial stage of the Occupation, and how they came up with such ambiguous prostitution policies. By oonsidering this background information, why the American military officials continued to struggle with prostitution issue will be explained.

Building up on Koikari's (1999) analysis on the way Japanese culture was represented by PH&W and military officials, this chapter will oomprehensively analyze various discourses and arguments from officials of

Division of the Eoonomic and Science Section and Civil Affairs Section). The seoond question considered is:

What were the "cultural discourses" used by

Lastly; in oomparing GHQ-SCAP policies which directly involved American military men (such as prostitution policies) and other gender-related policies which did not directly ooncem them

2.1 GHQ-SCAP's radical directives on prostitution

In the initial stage of the Occupation, a radical set of laws and policies78 (aimed to democratize Japan) were introduced by the GHQ-SCAP. Two months after MacArthur's arrival in Japan, SCAP issued Civil

Liberties Directive which was aimed to remove all restrictions on political, civil and religious liberties in

Japan on October 4, 1945 (Bailey 1996). Compared to the economic, political, educational and social reform policies introduced by GHQ-SCAP into the Japanese system, the VD and prostitution issue became directly related with the GHQ-SCAP since it involved the American military men (both the officials and enlisted men) who associated with Japanese women in the brothels or on the streets. Under the Occupation, the prostitution policies directed by the GHQ-SCAP were aimed not only to the Japanese women in the

40 oommercial sex industry but mainly to protect the Occupation forres by oontrolling the spread ofVD. The

Occupation Forres arrived in Japan to temporarily live and entertain themselves through R&R facilities. It was a oommon practice among the American military soldiers to entertain themselves by visiting red-light districts (Tanaka 2002; Fujime 2006). As customers, the Occupation soldiers "possessed an unusual amount of oontrol over sex workers because of larger political and racial oontexts" (Kovner 2004).79

The radical directives ofGHQ-SCAP were based on the Occupation's ideal goal to democratize Japan.

The ooncept of democratizing Japan was aimed to achieve a peaceful and responsible government in Japan

(GHQ-SCAP 1990, vol. 2). The preoonceived view of American military officials on Japan as feudalistic and undemocratic prior to the Occupation relates with GHQ-SCAP's ideal aim to democratize Japan during the initial stage of the Occupation. In general, the Occupation policy was predicated upon the following assumptions (1.) that a tendency toward democratic development was latent in Japanese society.so (2) A seoond major assumption which guided the Occupation was that "the reforms and institutions selected and used in the effort to democratize political, eoonomic and social life must coincide with and satisfy Japanese aspirations. Only insofar as the Japanese leaders and people reoognized the goals of the Occupation as desirable oould there be hope that the alterations accomplished by the Occupation would endure:'81 (3)

Finally, it was recognized that "new patterns of behavior oould not be imposed as rigid and static forms upon

Japanese society but must be capable of growth and adaptation in the hands of the Japanese themselves both during the Occupation and after its end."82

In the beginning of the Occupation, GHQ-SCAP officials were driven by their ideal goals to democratize Japan by imposing radical directives. However, in terms of prostitution policies, GHQ-SCAP officials did not only oonsider the Occupation's ideal goals, they also oonsidered practical goals such as protecting their own troops. For example, PH&W Section released directives aimed to curb VD after the US troops arrived in Japan. At first, GHQ-SCAP officials were greatly ooncemed with the VD issue as a medical problem. They did not view the VD problem as an issue related with prostitution (or as a social or cultural problem) yet. However, when the medical measures oould not stop the incidence ofVD, GHQ-SCAP officials had to look for ways to protect their troops. This led to the creation of ambivalent policies on prostitution by the GHQ-SCAP.

As a background, GHQ-SCAP tacitly approved the establishment of RAA

AmusementAssociation or 1bkushu Ian Shisetsu KjroukalJ brpthels for the Occupation troops on August 28,

1945. The creation of RAA brothels was initiated by the Japanese government exclusively for the

41 Occupation forres in order to prevent rape among Japanese women. But the GHQ-SCAP officials

cooperated with the Japanese government in the establishment ofRAA brothels because they thought that

RAA would regulate prostitution and protect US troops from VD (Tanaka 2002, Dower 1999, Molasky 2001

and Yoshimi 2001.). However, the RAA and the medical measures of PH&W Section were ineffective in

curbing VD among the Japanese population and Occupation troops. So, GHQ-SCAP had to declare all RAA

brothels "off-limits" to Occupation troops on March 27, 1946 (Molasky 1999).

Before the closing ofRAA, an overt GHQ-SCAP directive was released through the SCAPIN 642 or

the abolition of lioonsed prostitution on January 21, 1946. The directive was aimed to end licensed

prostitution which was believed by GHQ-SCAP officials as a practice of debt bondage. But even if SCAPIN

642 was implemented, it did not stop prostitution nor curb VD among US troops. Instead, voluntary or

unlioonsed prostitution continued both in the red-line (segregated) districts and on the streets. This resulted

to the uncontrollable spread ofVD among Occupation troops, streetwalkers and women who worked in the

red-line districts. As shown later, both Japanese polioo and MPs started to indiscriminately arrest women

on the streets suspected as streetwalkers. This provoked Japanese human rights' advocates and women's

groups to protest against the prooodure of arresting women as "infringement of human rights." Eventually,

the abolition of lioonsed prostitution and the prooodure of arresting women suspected as streetwalkers

made the GHQ-SCAP officials realize that their policy on prostitution reflected two different goals: (1)

idealistic goal to democratize Japan (by liberating women in the lioonsed brothels) and (2) practical goal to

protect their troops from VD by controlling women who solicit US troops on the streets. A detailed

discussion on GHQ-SCAP's VD and prostitution-related policies will be presented.

PH&W Section's VD control policy (1945)

After the arrival of the Occupation troops in Japan in August 1945, most of the SCAP directives related with prostitution required the Japanese government to improve public health measures to curb VD among the general public and Allied troops. For example, SCAPIN 4683 which was released on September

22, 1945 directed the Japanese government to take oortain public health measures. Included in this directive was the provision that special emphasis be plaood on adequate measures for the control of VD.

Another example is SCAPIN 15384 which was released on October 16, 1945 after the PH&W Section realized that VD posed a serious problem to the Occupation Forres. Through this SCAPIN, Japanese government was directed to: (1) designate syphilis, gonorrhea and chancroid as infectious diseases, report

42 them as such and include them under the purview of the Infectious Disease Law; (2) bring under the provisions of the VD Prevention Law and the Infectious Disease Law all individuals whose occupational activities subject them to serious hazard of transmitting VD; (3) provision of hospital, clinic and laboratory services, personneL equipment and drugs necessary to insure required examinations, hospitalization and treatment; (4) establish minimum technical and administrative standards and procedures for the guidance of operating agencies in connection with all phases of this program.

SCAPIN 46 and 153 were released when the PH&W was alarmed with the threat of VD to the

Occupation troops. The PH&W directed the Japanese government to regulate those women whose occupational activities subject them to serious hazard of transmitting VD. Thus, the Japanese government through the Ministry of Welfare released ordinances such as Health Bureau Instructions No. 56385,

''Matters Pertaining to Furtherance of Venereal Disease Control Program" on October 24, 1945 to implement SCAPIN 46. The Regulation No. 45 was issued on November 22, 1945 by the Japanese Ministry of Health and Social Affairs to implement SCAPIN 153. This regulation provided for the: (I) reporting ofVD including lyphogranulema venerous; (2) routine periodic examination (weekly) of all persons whose occupation makes likely the spread of VD, and the issuance of health certificates to those people; (3) compulsory treatment of all VD patients until non-inf'ectious; (4) hospitalization of infected prostitutes including those whose occupation makes likely the spread ofVD.

The ordinances implemented in accordance with SCAP directives 46 and 153 led to periodic examination (weekly) and compulsory treatment of all persons whose occupation makes likely the spread of

VD and the issuance of health certificates to those people. However, it is important to note that the GHQ released SCAPIN 46 and 153 in September and October 1945 (a few months after the RAA brothels were opened), due to an increasing VD rate among their troops. .Aro:>rding to Koikari (1999), during this time, the

PH&W perceived the VD problem as originating from Japan's medical backwardness. PH&W section represented Japan as having poor medical facilities and technology in treating VD in order to legitimate their VD policies. Thus, it released SCAPINs which were aimed at amending those aspects of Japanese society by directing the Japanese government to improve public health measures and regularly check the women who solicit Allied soldiers for treatment (Koikari 1999, Okuda 2(07). However, SCAPIN 46 and 153 failed to stop the spread ofVD among Occupation troops. AB a result of this, the PH&W Section officials consulted Japanese police on how to solve the VD problem.

PH&W Section's directives indicate that at the beginning of the Occupation, GHQ's main concern was

43 the VD problem only. They did not look at VD problem as an issue which was caused by unoontrollable sexual behavior of their troops and the struggle of Japanese women to survive in an eoonomically depressed

Japan. PH&W released directives that improved medical facilities and treatment ofVD, and the regulation

of women who solicit O

On December 11, 1945, Lt-Colonel MacDonald of the PH&W Section, interviewed Messrs. Takanori and It.oga, of the Peace Section, 'Ibkyo Metropolitan Police Board, and noted the following information:

The present regulations of 1900, as amended in 1912 are the current law, modified by additional regulations of the

'Ibkyo Metropolitan Polioo Board of 22 October 1945... These infurmants discussed three measures that were

suggested by Lt-Col Mac Donald; (J) The Licensed Prostitute Regulations should be abo1ished.1t is not needed for

control or to base medical examination requirements, since reoont legislation ([nduced by our Venereal Disease

Directive) prescribes examination for those whose "occupations make them liable to spread the disease", including

geisya, waitress and dancers whom the present regulations do not control; (2) A stiff fine and jail sentence fur

those who force any girl into the practioo, or who restrain her or prevent her leaving it, would be desirable. There

are fuw instanoos of such treatment in reoont years, but there may be some, and penalty may do much good; (3)

The declaration that all contracts by which girls engage in the practire to pay back loans, will be void and

unenforceable, would cause probably some hardship. The proprietors would not suffur unduly, since they nearly

all have made much money, but with widespread unemployment, some of the very poor fiunilies, desperate for

money, and having no means other than this of procuring any, might starve ifsuch a rule were made, during the

first year or two ofits application. They agreed that such contracts should be outlawed but such agreement is to be

taken with caution and the opinion just above recorded is probably more accurate in showing what their true

thinkingis.86

The above quotation shows that the oonsultation of a PH&W official with Japanese police officials resulted to the creation of some measures to solve VD problem through regulating prostitution. One of the measures suggested by the PH&W was to abolish the licensed prostitution in Japan (the suggestion came about before the release of SCAPIN 642, which officially abolished licensed prostitution in Japan). The PH&Wofficial's argument implies his awareness of the purpose of licensed prostitution brothels which was

44 to regulate the women's health. But the PH&W official thought that the licensed prostitution system was not already needed in regulating women in the licensed brothels, and as a measure to control the spread of

VD among Occupation troops. This argument also implies that PH&Ws main objective was really not to end licensed prostitution as an ideal goal to end feudalism in Japan, but just because licensed prostitution was not needed anymore in regulating women in the sex industry to curb VD.

Furthermore, the sanctions included in the measures were targeted only to persons who forced women into prostitution. This indicates that the measures were mainly suggested to prohibit human trafficking or debt bondage. The measures were consistent with the American military men's preconceived notions (prior to the Occupation) that licensed prostitution in Japan is a practice which enslaves women. These preconceived notions had influenced the way GHQ-SCAP officials treated the prostitution issue in the initial stage of the Occupation. On the other hand, the PH&Wofficial also considered the economic situation during postwar Japan as an important factor why women (and their families) and some people engage in the commercial sex business. He cautioned for possible consequences once the measures were implemented.

Another documentB7 dated December 29, 1945 shows that PH&W Section made another effort to investigate on the VD problem as related with prostitution. This time, PH&W official Lt. CoL MacDonald interviewed licensed brothel owners Messrs: Harada

Odachi, the business adviser of International Palace brothel; Mr. Nakashima, General Manager of the

International Palace and President of the Association of Private Prostitutes. According to Cohen (1987), the

International Palace was probably the largest brothel in the world at the time.88 PH&Ws investigation on the issue indicates that PH&W officials would like to understand more about the prostitution system of

Japan by knowing the differences between the conditions of public and private prostitutes.

Private prostitution is a rerent institution in Japan... The contracts of both the public and private prostitutes were

written between proprieto~ the girl and her family. Howeve~ the conditions of the public prostitutes are "very

much more harsh than in private prostitutes' cases." Usually, the term ofpublic prostitutes was ''limited to 4 years

by police regulations, while the private prostitutes did not have legal limitation and were usually paid off in 2

years." The sale pm fur public prostitutes was ''higher than fur private prostitutes, since the public prostitute is

virtually a prisone~ and often was badly cheated The public prostitute cannot leave area without police

permission, and usually must have chaperone even to go into other part of town." On the other hand, the private

prostitute was "comparatively free in movements." The public prostitutes also had "greater expenses since the cost

45 of special private poore to keep them in bounds were charged to them. Public prostitutes were often victimized

and cheated; repayment of their debt took long. But under polire regulation, after 4 years public prostitutes were

free even though they were still indebted." There was ''less expenses fur private prostitutes sinre no special

policing was neoossary." In terms of registration, the public prostitutes were registered in the local polire offioo

with a copy of the contract. While a private prostitute's name was registered with local police, the contract is not

registered nor a copy of the contract be given to the polire. Regarding the trend of the prostitution, public

prostitution was described as "declining; this is of ancient feudal origin; very haIsh in treatment ofwomen." While

the private prostitutes were seen to be ''increasing; much more freedom and greater financial benefit to the girl;

much less enslavemenl''89

The Japanese brothel owners and managers represented the private and public prostitution in different ways. The conditions of licensed and private prostitutes were compared in terms of their rontracts and regulations. The private prostitutes were portrayed to have better conditions and more freedom than the women in. the licensed brothels who were considered as victims of debt bondage. By stressing the negative aspect of the licensed prostitution system in Japan, the preronceived notion of US military officials

(prior to the Oreupation) on Japan as feudalistic and undemocratic was reflected in this argument from a

PH&Wofficial. On the other hand, by understanding the differences between licensed and unlicensed prostitution, the PH&Wofficial's investigation indicates that the main focus of American military officials concern prior to the Occupation period which was licensed prostitution only, has started to change as

PH&Wofficials considered the conditions of unlicensed prostitutes as well.

However, it is important to note that the PH&W was not only concerned with GHQ-SCAP's democratic aims when it suggested the abolition of licensed prostitution. From the start of the Occupation, there was already a high incidence of VD among American troops, and the PH&W section was directly responsible for drafting measures that would deal with the medical aspect of the VD problem. Hence, the

PH&W officials were more concerned with controlling VD than introducing radical measures to democratize Japan. When the PH&W officials realized that the immediate measures that they devised were not effective in curbing VD among their troops, especially when they could not control the association of their troops with Japanese women (and vice versa), the PH&W officials resorted to suggesting measures that will curb VD based on GHQ-SCAP's idealistic goals such as abolishing licensed prostitution. Their main intention might not only to introduce radical prostitution policies, but they found a need to devise

46 other immediate measures in addition to VD or medical policies they had previously released. So they resorted to use a discourse which promoted GHQ's ideal goal to back up their argument that supported proposals aimed to regulate prostitution.

Abolition of1icensed. prostitution in Japan - SCAPIN 642 (1946)

SCAPIN 64290 or abolition of licensed prostitution is an example of an overt and corrective SCAP directive which ordered the Japanese government to abrogate laws and regulations regarding prostitution on Janwny 21, 1946. In particular, this SCAPIN directed the Japanese Government to abolish the public prostitution system in line with the American O

the Imperial Japanese Government to abrogate and annul all laws, ordinanw; and other enactments which

directly or indirectly authorize or permit the existenre of1irensed prostitution in Japan and to nullify all contracts

and agreements which have for their object the binding or committing, directly or indirectly, of any woman to the

practice of prostitution."91

In compliance with SCAPIN 642, the Home Ministry Ordinance No. 3 was issued by the Japanese government on Febrwny 2, 1946 which abrogated the "Regulation for the Control of the Licensed

Prostitutes, and the Home Ministry Ordinance No. 44, October 1900."92 The SCAPIN 642 was based on the idea that "the maintenance of licensed prostitution in Japan is in contravention of the ideals of democracy and inconsistent with the development of individual freedom throughout the nation:'93 This is an example of GHQ-SCAPs tendency to evaluate a Japanese practice based on the American (Western) ideals of democracy and to direct1y impose a policy which was not in ac:mrdance with the Japanese way of doing things. As an example of GHQ-SCAPs radical reform, SCAPIN 642 demonstrates GHQ-SCAP officials' idealistic intention to liberate women who were viewed to be victims of human slavery.

By viewing the Japanese licensed prostitution system as contravening the Western ideals of democracy, which was obviously superior ac:mrding to the GHQ-SCAP officials' own eyes, they constructed the culture of Japan as inferior in terms of international democratic standards. Koikari (1999) discussed the use of cultural discourse (such as cultural superiority discourse) by GHQ-SCAP officials in 1egitimizing their radical policy (abolition of licensed prostitution) based on the O

47 of an inferior Japanese culture can be traced back during the wwn when the American military officials

already had preronceived notions on Japan as feudalistic and the licensed prostitution as a practice of debt

bondage. In discussing the concept of construction of culture, sociologist William Graham Sumner stressed

the fact that one's culture can limit one's perceptions and called this principle ethnocentrism (Sumner 1906).

Thus, in drafting SCAPIN 642, GHQ officials became ethnocentric. They also used the argument of cultural superiority to back up their policy to introduce democratic ideals in Japan

However, even though SCAPIN 642 was praised as a radical directive which aimed to liberate women indentured in licensed brothels, the release of the directive also indicates GHQ-SCAP's intention to protect

American forces after finding out a high incidence of VD among their troops. A document from PH&W

Section states that

The principal purpose of the memorandum directing the abolition of licensed prostitution in Japan, "from the

public standpoint, was to reduce the number of women recruited in rural areas and brought to the cities fur the

purpose ofprostitution and thus to reduce the number ofoontacts which our troops might be exposed.''94

The quotation above is an indication that from the PH&W section officials' perspective, SCAPIN 642 was based not only from the ideal aim to democrati2e Japan but on the practical aim to curb VD as well.

This only shows that GHQ-SCAP based their prostitution policy on two different aims. After the release of

SCAPIN 642, a letter95 dated February 18, 1946 from the USAFPAC, gave a warning to the different commanding generals and officers of the extremely high incidence ofVD rate of the Pacific headquarters.

The letter also required an immediate action to curb VD "under the close personal supervision of senior commanders and the conscientious, serious attention of small unit commanders."96 The measures included the promotion of educational programs such as sex morality lectures and moral indoctrination programs to reduce contact between militaIy personnel and prostitutes.

With regards to the closing of RAA brothels, Molasky (2001) noted that the RAA as a licensed prostitution ~stem for the Allied troops became a controversial issue and center of criticism in mainland

America (Molasky 2(01). The Ministry of Army officials in America "whose sense of morality might have been offended by the idea and practice of state sanctioned prostitution" requested the GHQ-SCAP officials to solve the prostitution and VD problem. Thus, the RAA brothels were made 'off-limits'to American

48 soldiers on March 27, 1946. The closing of RAA occurred during a drastic increase of VD rate among the

Allied troops after a year they landed in Japan (Molasky 2(01).

In March 1946, Col. VJCtor A Byrnes, Surgeon of the Fifth Air Force noted that "the venereal disease

rates among occupation troops in Japan are running between five and 10 times higher than what would be

oonsidered a satisfactory oontrol rate in the United States" (Headland 1946). Ifthe cause ofVD rate increase

is looked at the roles of US troops, Blumlo (2()()4) noted that "this was due to lack of military oombat, when

the Allied troops had more free time to spend in amusement districts and associate with women who

worked in the brothels" (Blumlo 2(04).

Both the PH&Ws VD oontrol policies and SCAPIN 642 (abolition oflirensed prostitution) were based on two different GHQ aims: to curb VD among Oocupation troops, and to democratize Japan. Sinre the VD

and prostitution policies of GHQ-SCAP directly involved. the American military men (both officials and enlisted men), GHQ-SCAP officials had to struggle with the issue as they fared a dilemma whether to pursue their ideal or practical goals. If GHQ-SCAP's VD and prostitution policies were oompared to its other gender-related policies which did not directly involve and affect the US military men, were there differenres in the way GHQ-SCAP dealt with these issues? The next section will present other gender-related policies of

GHQ-SCAP and oompare it with the policy making on VD and prostitution of GHQ-SCAP.

2.2 Other genderrelated policies ofGHQ-SCAP

Aside from GHQ-SCAP's VD and prostitution policies which directly involved and affected American serviremen and officials, GHQ-SCAP also had other gender-related policies which affected the Japanese people only

American military men. In particular, gender-related policies of GHQ-SCAP (that were also radical and oorrective in nature) will be briefly discussed. These policies include (I) the drafting of women's rights provisions included in the Japanese oonstitution, and (2) the establishment of Women's and Minors' Bureau.

The main subjects of these policies (drafting of women's rights provisions and making of Women's and

Minor's Bureau) were the Japanese people, particularly women.

Ogawa (1997) examined the proress of forming the Women's and Minors' Bureau from the planning stages in May 1946 to its establishment on September 1, 1947, until the movement against the elimination of the bureau in early 1949. Through the oomment of Theodore Cohen, Chief of the Labor Division of the

Eoonomic and Scienre Section (ESS) of GHQ-SCAP: ''the liberation of Japanese women was a domestic

49 problem and that GHQ should not have any responsibility for it." Ogawa indicated that the "the creation of

an office for women's affairs in the Japanese government was not a priority in the early days of US

Occupation. The GHQ-SCAP "had no women's office and no oonsistent policy to carry out women's

emancipation" (Ogawa 1997: 59).

In particular, Ogawa used a document called ''Helen Mears' Report97" which included a proposal to

create a bureau in Japanese government that will oover both women and children, (which was later argued

by some Female Diet members that it should be a women's bureau only98). But Mears did not propose

nrixing women and children in a women's affairs section in GHQ-SCAP. Ogawa explained that the reason

for this difference can be indicated in Mears' report which emphasized the different status of women in

Japan and America:

Americans have long been accustomed to thinking of women as people with the same rights and opportunities as

men... the situation in Japan is different and needs special att.ention... guidanre of SCAP during this critical

period could be of extreme importanre.99

Ogawa further explained that ''Mears' words indicate that Japanese women -who had been oppressed

by feudalistic traditions, including attitudes, social institutions, and customary habits of thinking and acting

that were 'extremely different from their equivalents in America'- should be rescued through progressive

American ethics" (Ogawa 1997). On the other hand, Cohen, the head of Labor Division of GHQ-SCAP rejected Mears' proposal to create a women's affairs section within GHQ-SCAP due to the reason that ''it is not believed that women's problems oonstitute a major field of SCAP activities oompared to such subjects as the eoonomy of Japan or the government of Japan."lOO Thus, Ogawa ooncluded that ''women's issues still seemed trivial in the eyes of high-ranking male GHQ officers" (Ogawa 1997: 65-66). In the creation of

Women's and Minors' Bureau, GHQ played a oontradictory role in the emancipation of women by embracing the idea oflumping women and children together more than Japanese women Diet members did

(Ogawa 1997: 79).

Another study on the promotion of democratic principles in the policy making of SCAP was made by

Pharr (1987). Her study emphasized that the major reason why the US occupying force introduced a set of radical laws and policies with women's rights (reforms which were progressive in relation to views in

Western societies) was that it was part of the American Occupation's larger effort to reform an

50 antidemocratic family system considered by the Americans to be a root cause of the militarism and fascism

that had led to the war. Pharr stressed that based on GHQ officials' view, "adjusting the status of women in the family and in society was thus a basic step toward the goal of democratizing Japanese society" (Pharr

1987: 222). Pharr also discussed that during the drafting of the Japanese Constitution by Civil Rights

Committee in February 1946, conflict within Occupation ranks (over the issue of women's rights) was demonstrated. The Civil Rights Committee included social welfare provisions for women in the draft which was opposed by the Steering Committee101 member Lieutenant Colonel Milo Rowell. He argued that ''you cannot impose a new mode of social thought upon a country by law:' In the end, the views of higher level prevailed to some extent, and the measures advocated by the Civil Rights Committee were shortened and streamlined (Pharr 1987:231).102

SCAPIN 642, women's rights provisions and the establishment of Women's and :Minor's Bureau introduced radical reforms to the Japanese government. However, the arguments raised by GHQ-SCAP officials in charged with the drafting of women's provisions in the Japanese constitution, and the establishment of Women's and :Minor's Bureau were only based on the idealistic goal to end feudalism and make Japan a democratic nation. While the policy-making on VD and prostitution (eg. SCAPIN 642), the arguments raised by different GHQ-SCAP officials to back up their proposals (aimed to end lioonsed prostitution in Japan) were based on two different aims: (I) ideal goal to democratize Japan and (2) practical goal to curb VD among their troops. Thus, in comparing the way GHQ-SCAP drafted their policies which only conoorned the Japanese people and those which conoomed them directly (such as the prostitution policies), it was found out that the GHQ-SCAP officials could directly impose a rule or policy to the Japanese people when it did not involve GHQ-SCAP at all. But the officials became conscientious in imposing rules that would affect them.

2.3 Conflict between military and civil officials ofSCAP (1947)

SCAPIN 642 was implemented on January 15, 1947 through the Imperial Ordinanoo No.9 issued by the Japanese government. This ordinanoo provides punishment for any person who induces a woman to commit prostitution against her will or makes a contract permitting a woman to commit prostitution.

SCAPIN 642 only prohibited lioonsed prostitution (because Occupation officials believed it to be a practioo of debt bondage) and freed the women in the lioonsed brothels. However, these women continued to ply their trade outside of the segregated districts, on the street as well as in hotels, restaurants, tea rooms, etc. The

51 brothels continued in the "gay areas" but the houses changed their names to "tea houses" and the prostitutes to "waitresses" (Dower 1999). In short, SCAPIN 642 contributed to the reorganization of licensed prostitution system in the red-line districts and special eating and drinking shops. SCAPIN 642 also led to a dramatic increase of private, unlicensed and street prostitutes. After the implementation of

SCAPIN 642, there were significant events in 1947 which resulted to conflict between military and civil officials of GHQ-SCAP on how to control prostitution.

Maladministration ofVD Control by Japanese P~ and MP

A memorandum, "Alleged Maladministration of VD Control by Japanese Police,"103 released by the

Government Section on January 20, 1947 discussed the protests led by Japanese unions and women's organizations against the indiscriminate arrest of women on the streets as infringement of human rights. 1M The protesters appealed to Mrs. Kato, a Diet member for the Social Democrat Party, and other women members of the Diet for assistance in restraining the Japanese police in their indiscriminate round-ups of women suspected as streetwalkers. The Japanese Police side through Mr. Tanikawa, Chief of the Police

Bureau, Home Ministry, stated that they had been "instructed by the Provost Marshal to conduct mass round-ups of women. According to orders received, these raids were to be conducted by the Japanese police, assisted by the American MP. The instructions were given verbally; first via a telephone conversation, and later officers of the Metropolitan Police Bureau were ordered to appear at the Provost Marshal's office and the instructions were repeated."105

The protests were provoked by the procedure of arresting women who were not really streetwalkers, as an infringement of human rights. The protests implied two things: (I) during the Occupation, even if

GHQ-SCAP had control and authority over Japan, some Japanese people showed resistance against the

Occupier when an incident such as indiscriminate round-up of women occurred, and (z) the protests became a "wake-up call" for the Occupation officials. The SCAP officials should have realized that their policy on prostitution (such as abolition of licensed prostitution and the procedure of regulating streetwalkers) reflected different aims, and in effect became an ambiguous policy. The protests should have made

GHQ-SCAP officials to reexamine their prostitution policies, and be more cautious in directing formal orders to the Japanese government.

Regarding the issue on whether "who" (GHQ-SCAP or the Japanese government) directed the order to indiscriminately arrest women suspected as streetwalkers, Japanese police officials pointed out that the

52 order originated from the informal or verbal orders of the Provost Marshal's office. Upon knowing that the

main source of the verbal orders came from the Office of the Provost Marshal, higher officials of GHQ-SCAP

should have realized that the charges agajnst infringement of human rights would tarnish the image of

GHQ-SCAP especially affecting its idealistic goal to promote democracy and human rights. The informal

orders from the Provost Marshal also indicate that there was no clear consultation (or consensus) among

GHQ-SCAP's civil and military officials about the procedure on regulating women on the streets who solicit

US troops. Another case which shows a division between civil and military officials in GHQ-SCAP's policy

making on prostitution will be discussed below.

Conflict between PH&W officials and military commanders

With the increasing VD rate among the Allied troops, the PH&W recommended a measure to prohibit

prostitutionH16 on December 26, 1946 which would require the Japanese government to enact a law to prohibit prostitution and its allied activities. In reply to the PH&W Sections' proposed directive, a June 11,

1947 documentlO7 revealed that GHQ-SCAP's Government Section strongly concurred with the PH&W proposal The Government Section felt a need for an immediate action that promotes a legal basis to address the prostitution problem. However, Government Section officials believed that the channels of informal approach (unlike SCAPIN and other formal SCAP directives) have not been fully employed and recommended that the proposed action be undertaken through such channels. The "informal approach" suggested by the Government Section in the June 11, 1947 document was not explained in detail.

However, if we look back at the ''protest on compulsory round-up of women"lOS incident, the "informal approach" suggested by the Government Section would have meant "informal or verbal orders" from SCAP.

These verbal orders were not formally written in print, so it would be easier for SCAP to alter or cancel these orders. Enloe (2000: 52-53) explained why military officials prefer to use informal approach in their policy making on prostitution.

The absence of a written, centralized prostitution policy does not mean that the military elite has no policy. It may

only suggest that the military is aware that its attitudes and practices surrounding sexuality are fraught with

contradictions and political risks. Those risks can be strategically minimized by a rombination of decentralized

responsibility, infurmal decision making, and official acknowledgement only ofprostitution as a ''health issue."

53 Enloe's (2()()() discussion indicates that military officials use ''informal approach" as a strategy in their

policy making on sexual issues (such as prostitution) because they are aware that military attitudes and

practices on sexual issues could produce if not contradictory, ambiguous effects to their policies. The

concurrence of Government Section to PH&Ws proposal preferring informal orders over formal directives,

implies that Government Section officials (which is a civil section, in- charged with non-military affairs)

should have considered the possible consequences (such as unfavorable reactions from the Japanese people particularly those who would be directly affected) if the proposals which aimed to totally abolish prostitution

would be approved.

If the Government Section officials preferred to pursue informal approach in prohibiting prostitution,

the military commanders had a different view. There were some military commanders who preferred a

formal approach by proposing legal prohibition of prostitution aimed to curb VD among the Oreupation

troops. For example, Major General Thomas D. White of the US Army Chief of Staff wrote a letter1m on July 5, 1947, expressing his support to the idea of legally prohibiting prostitution.

It is axiomatic that the actual real rontrol ofVD in civilian rommunities begins only with the legal prohibition of

prostitution. It is equally true that such laws have invariably been enacted only over the strong protest of all

individuals, groups and organizations which benefit directly or indirectly from this sordid though profitable

business.. lt is requested, therefure, that this headquarters be infurmed as to action being taken leading toward

the enactment of legislation prohibiting prostitution in Japan which was urged in the above cited letteJ.: It is

believed that the enactment of such legislation will materially aid in the reduction of venereal disease in the Air

Forces and the Army. It parallels a similar trend in all truly democratic and modem rountries and in a larger

sense would reflect credit both upon the occupation and the Japanese government.

The quotation above shows that a military official favored the formal approach of prohibiting prostitution. Unlike the proposal of Government Section which preferred to take an informal approach,

some military officials preferred the formal and legal means of prohibiting prostitution. The quotation above implies two points. First, it demonstrates a conflict of interest between civil and military sections of

GHQ-SCAP. The military officials' main concern was to maintain a healthy military troop while the civil section officials were concerned with the image of GHQ-SCAP as "agents" of democratizing Japan. Second., it indicates the differences in the way different GHQ-SCAP officials presented their arguments by using the

54 same cultural discourse (such as cultural superiority) in backing up proposals based on different goals. In

comparison with the PH&W section's use of "cultural superiority" discourse to back up proposals based on

GHQ-SCAP's idealistic aim (such as to end licensed prostitution in Japan, SCAPIN 642) at the beginning of

the Occupation, the military commanders also used the "culture superiority" discourse to back up their

argument that promotes a proposal Qegal prohibition of prostitution) based on a practical goal to curb VD.

By stressing that the enactment of a legislation prohibiting prostitution was the trend in democratic nations,

the military leaders tried to persuade civil section officials of GHQ-SCAP that the proposal is in accordance with GHQ-SCAP's idealistic goal to democratize Japan. When in reality, military officials should have

become desperate to look for ways of curbing VD among US troops. The comparison shows that clifferent

GHQ-SCAP officials used the same cultural discourses such as "cultural superiority" in different contexts and intentions.

Summary

This chapter analyzed GHQ-SCAP's policy making on prostitution during the initial stage (August

1945-July 1947) of the American Occupation, a period known for GHQ-SCAP's introduction of reformist and radical measures to democratize Japan. The concept of "democratizing Japan" as GHQ-SCAP's ideal goal can be attributed to the preconceived image of Japan as "feudalistic" by US military men prior to the

Occupation (as shown in Chapter 1). Indeed, the preconceived image of Japan by the American military officials during WWII influenced the way GHQ-SCAP officials treated Japan and its people in drafting their policies during the American Occupation. GHQ-SCAP officials represented the Japanese society and its people as "inferior" when compared to the Western (American) social, moral and cultural standards. While the GHQ-SCAP officials represented their own cultural and social norm as "superior," which gave them a means to legitimate their intervention into the Japanese prostitution system. Although Koikari (1999) showed how GHQ-SCAP officials represented Japanese society in their arguments to back up radical proposals on prostitution, Koikari did not provide background information on US military men's preconceived notions on Japan prior to the Occupation, nor explained why GHQ-SCAP officials represented

Japan in such ways.

In addition to the background information on US military men's view on Japan prior to the

Occupation, this chapter considered other factors and actors involved in the prostitution issue as important aspects in comprehensively examining GHQ-SCAP's policy making on prostitution. For example, the

55 complex bureaucratic structure of GHQ-SCAP and the non-consensus among different officials in deciding

for policies on prostitution. Koikari (l999) discussed the internal conflict within GHQ-SCAP as a major

factor in the creation of GHQ-SCAP's contradictory policies on prostitution. Koikari (1999) pointed to the

conflict between the civil and military section officials of GHQ-SCAP in deciding for policies based on two

different goals: (1) idealistic aim to democratize Japan, and (2) practical aim to address the high incidenoo of

VD among their troops. The civil officials prioritized the ideal aims while military officials were more

conoomed with the welfare of their troops and pursued practical aims.

The complex and bureaucratic structure of GHQ-SCAP made it difficult for different section officials

and staffs to come up with a unified decision on how to deal with the prostitution issue because they had different goals and interests. But in addition to Kokari's findings, this paper found out that different sections of GHQ-SCAP also used different approaches (formal and informal) in dealing with the issue. For example, military officials released proposals for the legal prohibition of prostitution at the latter part of the initial stage of the Occupation. While the civil section (such as Government Section) preferred to release verbal

(informal) orders to the Japanese government or polioo as measures in controlling prostitution. The civil section officials were cautious in releasing formal directives that would tarnish the image of GHQ-SCAP and its idealistic goal to democratize Japan after the indiscriminate round-up of women provoked protests from the Japanese public. The di:fl'erenoo in approaches used by different sections of GHQ-SCAP in their policy making on prostitution was not mentioned in other studies yet, even Koikari's study.

In terms of the cultural discourses used by different GHQ-SCAP officials, Koikari (1999) discussed the use of cultural superiority discourse by GHQ-SCAP's civil section officials in legitimizing their radical policy

(such as abolition of lioonsed prostitution), which was based on GHQ-SCAP's idealistic goals. In addition to

Koikari's findings, this paper found out that the use of the same cultural discourse by different GHQ-SCAP officials varied. For example, the PH&W section used "cultural superiority" discourse to pursue an ideal aim to end lioonsed prostitution in Japan. Howeve:r; the military commanders used "cultural superioritY' discourses to back up their arguments in pursuing a practical goal which is to prohibit prostitution and curb

VD among their troops. One type of cultural discourse such as "cultural superiority" discourse can be used in different contexts by the different GHQ-SCAP officials to back up their arguments in proposing directives that would pursue their own interests. This finding added to Koikari's simple analysis about the representation of Japan as "inferior" and American as "superior" by the GHQ-SCAP in order to legitimize their intervention into the Japanese ways of doing things.

56 The ambiguous nature of GHQ-SCAP's policies on prostitution was described by Koikari (1999) and

she attributed the ambiguous policies to GHQ-SCAP's oomplex bureaucratic structure. But Koikari did not

explain how prostitution was debated in US as a background to explain the nature of GHQ-SCAP's policy

on prostitution. Through the background information on how prostitution was debated in US (as discussed

in Chapter 1), this dissertation relates GHQ-SCAP officials' struggle with prostitution issue to American

people's struggle with prostitution since the VIctorian Era. The background on prostitution in America

showed that US militaIy officials struggled with prostitution during WWI and wwn when they imposed two different policies of regulating prostitution and tolerating their soldier's promiscuous behavior.

Furthermore, during the initial stage of the Occupation, GHQ-SCAP officials had to face diverse problems such as national issues in the US and domestic problems in Japan. In particular, as an Oreupier

GHQ-SCAP had to deal with a wide-range of problems in Japan, a nation with a different culture and language as viewed by the US militaIy men. Thus, the way GHQ-SCAP officials balanced their goals and priorities, and their oonsideration of a wide-range of factors and actors resulted to drafting policies only within their limits. GHQ-SCAP officials also learned from their experience that "informal approach" would be a safer way in making policies than releasing formal directives.

The involvement of different actors (US soldiers, Japanese women, government officials of both US and Japan, brothel managers, procurers, human right's groups, etc) is an important factor which should be oonsidered in oomprehensively analyzing GHQ-SCAP's policy making. In particular, since the prostitution issue directly involved the US militaIy men, GHQ-SCAP officials had to set their priority whether to protect their troops or to pursue their idealistic goals. In oomparing GHQ-SCAP's radical policies related with gender, it was found out that GHQ-SCAP officials became more cautious and oonscientious in imposing radical directives that would directly affect them (such as policies on prostitution). On the other hand,

GHQ-SCAP officials became superficial and extremely intrusive in imposing rules that did not directly affect them.

The imposition of radical SCAP directives on prostitution to the Japanese government (such as

SCAPIN 642) did not totally prohibit prostitution. Although the women in the licensed brothels were literally freed, it did not stop the reorganization of licensed brothels into special cafes and bars segregated in the red-line districts. It also did not stop women from soliciting US troops on the streets. GHQ-SCAP officials became fully aware that the association of their troops with Japanese women was a matter which oould not be oontrolled by any medical nor legal means. This aspect is similar with Tanaka's (2002)

57 speculation on the awareness of the GHQ-SCAP officials that "a total ban of prostitution would not stop their men from associating with clandestine prostitutes" (Tanaka 2(02). Thus, the GHQ-SCAP officials did not completely suppress prostitution. In sum, there are many factors that led to the creation of

GHQ-SCAP's ambiguous policies on prostitution. It was shown in this chapter that GHQ-SCAP's complex bureaucratic structure, a history of struggle with prostitution in America, US military men's preconceived notions on Japan and licensed prostitution, participation of various actors and the multifaceted ways these actors use different approaches to deal with the issue contributed to the creation of ambiguous policies on prostitution during the initial stage of the Occupation. In the next stage of the Occupation, were there changes in the ways GHQ-SCAP officials dealt with the prostitution issue? Were there new issues or factors that the GHQ-SCAP officials had to consider in their policy making? These questions will be answered in the next chapter.

58 Chapter 3- "Let the Japanese deal with it"

(Middle stage of the Oreupation,August 1947- Derember 1949)

After GHQ-SCAP officials released their preliminary directives aimed to curb VD at the beginning

of the Occupation, they found out that the spread ofVD (to the Japanese public and particularly to their

own troops) oould not be oontrolled via medical means (as shown in the previous chapter). So the GHQ

-SCAP officials started to view it as a prostitution problem and resorted to socio-cultural (particularly

lega]) means of regulating prostitution. This led to the abolition of licensed prostitution. Despite the

implementation of both VD prevention and prostitution-oontrollegal measures (eg. indiscriminate and oompulsoxy arrest of women suspected as streetwalkersllO), incited protests from the Japanese public as infringement of human rights. These protests served as a "wake-up call" for the GHQ-SCAP officials.

They should have realized that their VD and prostitution policies which were based on two different goals

(the practical aim to curb VD and the ideal goal to democratize Japan), and the methods used in dealing with the VD and prostitution problem produced ambiguous effects.

With regards to the overall management policy of GHQ-SCAP (eoonomic, political, socio-cultural,

. etc.), studies have shown that at some point between 1947 and 1949 there occurred a series of incremental changes in the GHQ-SCAP's overall policy (eg. Ward and Sakamoto 1987, Bailey 1996,

Allinson 1997). It was during this stage that "the Occupation authorities' attitudes and programs with respect to left-wing political parties, the labor unions, and the treatment of Japanese individuals and groups suspected of promoting what came to be viewed as radical causes" had substantially changed

(Ward and Sakamoto 1987: xiii). This stage was particularly called as the American Occupation's "reverse oourse" (gyakkosW. Acmrding to Bailey (1996), the term 'reverse oourse' was used in the late 1960s and early 1970's by revisionist American historians critical of US foreign policy in Asia. It was actually coined in the 1950's by Japanese left-wing scholars to refer to "the change of direction during the latter stages of the oocupation, when the earlier reforms were modified or overturned by SCAP and the Japanese government amidst Cold War fears of oommunism" (Bailey 1996:53).111 Allinson added that the punitive, reformist nature of Allied policy (in the first stage of the Occupation) changed as the ''reverse course" advanced. "The Allies began to downplay zaibatsu dissolution, and they lifted many of their restrictions on the eoonomy. They also began to ponder how different policies might promote Japan's role as the workshop of democracy inAsia"

59 Although there are a lot of studies on "reverse oourse," there has not been a study oonducted on

GHQ-SCAP's policy making on prostitution during this period. This chapter will show how the "reverse oourse" affected GHQ-SCAP's policy making on prostitution. As a major prostitution directive of

GHQ-SCAP at the beginning of the

(unlicensed) prostitution was permitted both in newly-formed brothels through the name "special eating and drinking shops" (tokushu inshokutem. These shops were established in zones designated as "red-line districts" (akasen chitalJ (Molasky 2001, Lie 1997, Hirai 2007). Lie (1997) also noted that GHQ-SCAP's management of the prostitution issue enoouraged the revival of prewar "private" (unlicensed) prostitution, when many streetwalkers called ''panpans,''1l2 (who solicited American soldiers) proliferated (Dower 1999,

Tanaka 2(02). The factors which led to GHQ-SCAP's ambiguous policy (abolition of the licensed prostitution) were interdependent and directly related with prostitution and involved GHQ-SCAP (eg. unoontrolled association of US troops and Japanese women, VD problem, etc.). However, as the

This chapter documents what sort of prostitution policies the GHQ-SCAP had drafted and adopted during the Occupation's "reverse oourse." In documenting the prostitution policies in this stage, the question ''How did the changes in GHQ-SCAP's overall management policy during the 'reverse course' affect GHQ-SCAP's policy making on prostitution?" will be discussed. How did the different section officials of GHQ-SCAP deal with the old and new issues which might have directly and indirectly related with the policy making on prostitution? In particular, the following questions will be answered:

(I) Did the GHQ-SCAP officials oontinue to use "cultural disoourses" in backing up their arguments in the drafting of policies on prostitution?

(2) Did the GHQ-SCAP hold a unified oonsensus in dealing with the prostitution issue based on two different goals: to democratize Japan and to curb VD among their troops?

(3) What were the approaches used by GHQ-SCAP to adopt their policies on prostitution?

By analyzing various disoourses from the different GHQ-SCAP section officials and providing a chronology of events, it is hoped that how the GHQ-SCAP's policy making on prostitution was influenced by old and new, direct and indirect factors be presented.

60 3.1 GHQ-SCAP's investigation into the prostitution issue (1948)

During the first stage of the Occupation, the PH&W Section conducted a minor investigation into

the prostitution issue by interviewing Japanese police officials and brothel owners. Through this

investigation, the PH&W came to know about the actual conditions of the licensed and unlicensed

and the regulations related with prostitution. During the "reverse course," a public opinion bodylI4 was established by GHQ-SCAP and a series of evaluation studies, interviews and surveys were conducted to look into the actual condition of Japanese economy, politics, society and education. With regards to the prostitution issue, a major investigation was conducted by GHQ-SCAP when it asked the

Japanese people about their views on prostitution. The survey ~ntitled "The Japanese People Look at

ProstitutiOn"1I5 was conducted by the Cabinet Deliberation Room Public Opinion Unit of Japan in

January 1948, at the request of GHQ-SCAP's Attorney General's Office116 (in charge with reviewing and drafting cabinet orders and bills). The survey was conducted in order to ascertain Japanese people's view on the proposed anti-prostitution bill which would punish both the prostitute and her partner. It included questions which were aimed to know the general perception of the Japanese people on prostitution. In documenting what prostitution policies came up during the middle stage of the Occupation, a series of investigations conducted by different sections of the GHQ-SCAP will be presented

PH&W Section's study on VD control (Conflict between PH&W and military section)

In May 1948, the Japanese Home Ministry Ordinance No. 3 which made prostitution an offense was abolished by the Minor Offenses Law

Occupation, public health supervision was carried out by the Japanese police. But the responsibility for public health administration was taken out of the hands of the Japanese police and placed in the hands of the health officials after the reorganization of the Japanese Ministry of Welfare, prefectural health department and health centers during the American Occupation.us

The tracing of Japanese female contacts of Occupation personnel who contracted VD was a function .'. of the Japanese health authorities under the supervision of GHQ-SCAP's Military Government Public

61 Health Officers. But the Headquarters Eight Army issued Circular 33, 'Venereal Disease Contact

'fracing"119 on May 22, 1948. This circular made the VD contact tracing an activity under the supervision of the Provost Marshal.l2O Contacts were apprehended by the police and tried in Provost Court if found infected. Acoorcling to one PH&W official, this change in procedure was made without the knowledge of

GHQ-SCAP although it involved a major change in policy affecting Japanese public health administration.

Since the supervision of contact tracing by the Provost Marshal reintroduced the police into public health administration, a staff study was made by PH&W Section recommending that a command letter be sent to the Headquarters, Eight Army, requiring rescission of Circular 33. However, Legal Section, did not concur on the technical grounds that the Circular itself as it is written cannot be challenged since the

Japanese police are not authorized to enter the picture except when actual arrests are requested. The staff study was written, omitting reference to the Japanese police as suggested by Legal Section, but meanwhile it was learned that Far East Command (FEC) Circular on VD control was being rewritten.

PH&W Section suggested that the section on contact tracing be revised to preclude supervision by the

Provost Marshal. This was done and FEC Circular 56 (a circular that gave Provost Marshal the authority to supervise the VD contact tracing) was issued on December 26, 1948.121

The issue whether public health officers or military/police officers would supervise the "contact tracing" measure of GHQ-SCAP created a conflict between PH&W and Eight Army office. This case is an example of the difficulty encountered in setting up a VD control program of GHQ-SCAP. The PH&W noted that aside from the supervision of the MP or public health authorities in carrying out the rontact tracing, results showed that approximately 99% of the contact reports do not contain information sufficient to lead to the location of the contacts, due to failure of the Medical Department to gain the confidence and cooperation of the soldiers in this program.122 The conflict came up when the PH&W and military officials could not come up with a unffied decision on whether who would supervise the "rontact tracing" program ofGHQ-SCAP.

In relation to this issue, Koikari explained the differences between the PHW Section's and military commanders' approaches in solving the VD problem. She noted that GHQ-SCAP did not constitute a unified body of ruling on its VD program.

The proliferation ofVD among the US troops brought the lack of unity and cohesion among the oreupiers into full

62 relief. the occupation authorities could not come to an agreement regarding the cause ofVD... The PHW perreived

the problem as compounded by the 'moral backwardness' of Japanese culture ... Unlike the PHw, the military

commander defined VD as a criminal matter... Japanese women, rather than the American soldiers, were held

a

Although the major aim of PH&W and the military officials was to curb VD, the way these two groups treated the women who solicited Occupation soldiers were different. As Koikari noted above, the military officials proposed practical measures such as controlling VD by arresting women suspected ofVD infection and those who solicited Occupation soldiers. While the PH&W adopted measures which were aimed to improve Japanese public health system. The division between the PH&W and military officials continued until the middle stage of the Oocupation. This conflict contributed to the failure of GHQ's VD program and leaving complex issues on GHQ-SCAP's policy making on prostitution.

Legal Section's stanre on the anti-prostitution bill

In June 1948, the Bill for the Punishment of Prostitution and Related Activities, drafted by

GHQ-SCAP's Attorney General's Office was presented to the Diet. In relation to this, a documentl23 from the Legal Section124 to the Government Section dated June 15, 1948 shows that GHQ-SCAP's Legal

Section expressed non-interference with the approval or disapproval of the anti-prostitution bill due to the following reasons: (1) there were no laws that totally prohibit prostitution in America; (2) there were cultural differences between Japan and America especially in viewing that the Japanese people did not consider prostitution as unethical; (3) the complete abolition of prostitution was not needed from a medical or health perspective since a VD prevention bill was already scheduled for approval in June 1948.

The second reason is our main concern here. It was explained as the following:

In the opinion of this Section neither the Cabinet nor the Diet should be left in the belief that this Headquarter is

pushing or even favoring the proposed legislation. Unless the contrary is stated unambiguously, SCAP will be

severely criti.ci2ed as attempting to impose American moral standards on a nation whose sexual mores are based

on essentially different Oriental traditions. The well known sociological fact that prostitution is not generally

regarded as unethical by the Japanese would certainly confirm the suspicion that such legislation, if really

enacted, did not originate in the own initiative of the Japanese Government or legislature. After involuntary

63 prostitution has been outlawed, the oocu.pation is concerned only with the health aspect of the problem.125

Here, Legal Section officials used the "cultural differenoos" discourse to back up their argument that

did not concur with the antil'rostitution bill. By citing the differences between Japanese and American

moral standards (the Japanese people do not regard prostitution as unethical, while Western/American

people consider the moral implications of prostitution), the Legal Section represented the Japanese

culture as peculiar and specific. The representation of Japanese culture in this way supported the Legal

Section's argument which did not favor a direct imposition of Western moral norms to the Japanese

society. But if we recall the complex effect of SCAPIN 642 (an ambiguous policy of prohibiting lioonsed

prostitutes but strictly regulating streetwalkers) which brought women's group to protest, the Legal

. Section should have become more cautious of possible criticisms or resistanoo from the Japanese people.

And this section used the "cultural differences" discourse to back up their legal stanoo based on reason (1).

In comparison to the "cultural superiority" discourse (used in the argument which supported the

abolition of licensed prostitution in the first stage of the Occupation), 126 the Legal Section used another

type discourse called "cultural relativity." Instead of representing Japan as inferior and should be

"democratized" like America, the Legal Section considered the "cultural differenoos" between Japan and

America. The Legal Section viewed radical measures such as imposing American moral standards to the

Japanese people would create conflict because the Japanese people also have their own moral standards.

This discourse became one of the main arguments of Legal Section against the antil'rostitution bill. The Legal Section's "cultural relativity" discourse suggests a more indirect and less intrusive approach in

dealing with the prostitution issue. This discourse is also relative to the major shift in GHQ-SCAPs overall policy during the "reverse course" when GHQ-SCAP started to look into the actual condition of the

Japanese society in order to prevent possible opposition or resistance from the Japanese people.

GHQ-SCAPs VD Control Council

On July 15, 1948 the Venereal Disease Prevention Law127 (Law No. 167) was passed by the Diet, and became effective September 1, 1948. Provisions of this law include the following: (1) Reporting of all cases, contacts and delinquent patients to the local health center; (2) Pre-marital and pre-natal examinations for venereal disease; (3) Compulsory examination of contacts, habitual prostitutes and others when there is reasonable evidenoo to suspect venereal disease; (4) The right of appeal to a rourt

64 prior to oompulsory examination; (5) Compulsory treatment and hospitalization if such is oonsidered necessa:ry during the period of infectiousness; (6) Free examination and treatment for those unable to pay; (7) Establishment of venereal disease clinics and hospitals; (8) National subsidy for venereal disease education of the public; (9) Penalties for those who act so as to infect others while knowingly infected with venereal disease; (10) Penalties for those who assist or solicit, or provide a place of prostitution in the presence of infectious venereal disease. With regards to the implementation of this law, the VD Law forbids arrest or forcible detention by the police except where an order from the Governor of the

Prefecture has been obtained in advance. During this time, the anti-prostitution bill was tabled pending for approval after its submission to the Diet on June 1948. Despite the absence of a national law that prohibits prostitution in Japan, and the pending for approval of the anti-prostitution bill, the VD

Prevention Law was passed after a month the Anti-prostitution Bill was submitted to the Diet. The VD

Law only punishes those who engaged to prostitution (including those who assist prostitutes) knowing that they had contacted VD. This law did not totally prohibit prostitution.

In terms of GHQ-SCAP's VD policies, the Venereal Disease Control Council (established in 1947) was superseded by the establishment of the General Headquarters' Character Guidance Council oomposed of the same members on August 2, 1948.128 The mission of the Character Guidance Council was to "enoourage the development of moral responsibility, spiritual values and stringent half discipline in the individual."129 However, "the problem of reducing VD rate oontinued to receive major attention of the Council. Continuous effurts were made to prevent solicitation on the streets in order to reduce promiscuity and the VD rate among the soldiers. Consideration was given to the proposal of empowering the military police in Japan to arrest solicitors and charge them with the 'oommission of an act prejudicial to the Occupation' with subsequent trial in provost OOurt."lOO

The Judge Advocate, Far East Command argued that since neither prostitution, solicitation or pandering was an offense under the existing laws of Japan, nor of the Occupation, the proposal (which aimed to empower MP in Japan to arrest streetwalkers who solicit US troops) was believed to violate the fundamental principles of penal law.131 Subsequently to this an attempt was made to have a SCAP directive issued directing the Japanese Government to enact legislation prohibiting the solicitation of

Occupation Forces personnel by Japanese women. This proposal was not approved by the Chief of Staff, and was pending for an investigation to determine whether eve:rything else possible was being done to oontrol VD among the troopS.l32 Despite the passing of the VD Prevention Law in July 1948, and the

65 creation of Character Guidance Council by the GHQ-SCAP to promote "abstinence" policy among the troops, the spread of VD continued. And even if there were other proposals drafted that would legally criminalize women who solicit Occupation personnel, these proposals were not approved by the

GHQ-SCAP. The uncontrollable spread ofVD and the drafting and adopting different types of measures to curb VD imply that GHQ-SCAP continued to struggle with the issue on prostitution as reflected in their policy making.

3.2 Evaluation on GHQ-SCAP's management policies (Dr. Powdermaker's report)

A document entitled "Report of Mission,"l33 from the Civil Information and Education (CI&E)

Section, Analysis and Research Division written by Dr. Florence B. Powdermaker was submitted to the

Chief of CIE on October 11, 1948. This document shows the result of Dr. Powdermaker's observation/study on the effects of the Occupation to the Japanese society. The objective of Dr.

Powdermaker's mission trip to Japan was to evaluate the achievements of the Occupation and the difficulties under which it has struggled. The mission also aimed to suggest further means of study which might be needed to improve the American Occupation in Japan. "This report has been written from the standpoint of the psychological and social problems observed and reported in the GHQ-SCAP's dealing with the Japanese... through a field trip within Japan, reports, observations and conferences with practically all Sections of SCAP and Militru:y Government, Japanese government bodies, etc."l34

Dr. Powdermaker found out that the Occupation had no historical guide. She likened the

Occupation's approach as "an experiment, with the inevitable concomitants of trial and error.

The goodwill, the desire to be helpful to the Japanese as a people and as a nation is fuund, by and large, at all

levels and seems to stem from the genuine altruism and enlightened conrept of the United States interests of

General MacArthur and many members of the Oreupation. HoweveI; neither altruism nor enlightened

American interests can in themselves solve the conflicts ofinterests, points ofview and aims of our own people as

well as these of the Japanese among themselves, and those naturally arising between us and them. In addition,

there are the inevitable difficulties of a vastly different background, history and experienre and perhaps even

more hampering, the legend that real understanding between the East and West is impossible:'l35

Dr. Powdermaker criticized the preconceived notions on Japan held by Occupation officials. She

66 noted that educating the Japanese people in terms of American ideas and values was a difficult task

"because relatively few at Headquarters, at the Team level have the knowledge of Japanese background,

history and customs which would enable them to interpret the Occupation's objective according to the

Japanese people's terms and help them build on or modify their values, systems, institutions, laws and

procedures before the Allied Occupation took over."l36 In addition, Dr Powdermaker stressed that most of

the problems discussed in SCAP involved relationships with the Japanese, pointing to the cultural

differenres and social structure. The GHQ-SCAP officials were also observed to be "too preoccupied with

institutions, laws and procedures in Western terms that may perhaps indicate that we also, as a people,

are losing sight of the meaning and ideas back of what we are trying to inculcate."l37

As a suggestion, Dr. Powdermaker stressed that "an increased knowledge of the Japanese by the

GHQ-SCAP officials and sta:f( as well as by increased education of the Japanese might help in solving the

difficulties and conflicts experienred by the GHQ."l38 He added that in order to solve the difficulties fared

by the GHQ officials and sta:f( they should have "a broader knowledge of the Japanese, of the true

purposes of the Occupation, and the development and present status of American institutions."l39 GHQ

-SCAP came up with measures such as orientation and refresher courses of at least two weeks for

GHQ-SCAP staff members who were at a level conrerned with policy making, implementation and enforrement of policies. There was also an orientation of the tactical troops and MPs regarding their role in achieving the Occupation's objective to build a mutual friendship with Japan. Dr. Powdermaker believed that "it is understandable that the tactical commanders' point of view could be different from that of those engaged in civilian affairs including General MacArthur and many of his staff:'l40 Dr.

Powdermaker's evaluation of the GHQ-SCAP's management policy is an example of a "cultural relativity" discourse. Although she pointed a general evaluation of GHQ-SCAP's overall policy making and her observations were not directly related to prostitution, it should have influenred the GHQ-SCAP officials to re-examine their approaches in handling the prostitution issue, especially in recommending policies to control VD and prostitution.

3.3 Regulation ofwomen who solicitedAmerican soldiers (1949)

The Anti-prostitution bill was presented to both the House of Representatives and the House of

Councilors in June 1948, but no definite action had been taken by the time of Diet adjournment, exrept being referred to the Welfare Committee of the House of Representatives. During that time, a new

67 cabinet was formed and the Ministry of Welfare proposed to re-introduce the Bill in the Diet. The Bill was approved by the Cabinet on November 16, 1948, and sent to Government Section for romments before its resubmission.

In another memorandum,141 the PH&W Section received a request from the Government Section to romment on the draft of "The Bill for the Punishment of Prostitution and Related Activities," planned for resubmission in November 1949. The PH&W did not raise any objection towards the bill from the public health standpoint. But it noted that although the draft was once approved by the Government Section and was submitted to the Diet in its present form, it will be revised to meet the approval of Legal Section before it gets the approval of Government Section for re-introduction in the Diet. The three sections

(PH&W, Government and Legal Sections) played important roles in the drafting of the bill before presenting it for resubmission to the Diet. In the early stage of the Oreupation, the PH&W and

Government Section were the major sections which became directly related with the prostitution policy making ofGHQ-SCAP. In the middle stage of the OroIpation, the Legal Section was ronsulted by PH&W and Government sections since the anti-prostitution bill was mainly a legal matter. The use of a more holistic approach in GHQ-SCAP's policy making on prostitution implies that GHQ-SCAP officials became more cautious. They started to ronsider prostitution as a romplicated issue which is caused by interdependent factors that rould also produce romplex effects.

The GHQ-SCAP ronducted more investigations into the prostitution issue (especially the regulation of women who solicit American soldiers) in the beginning of the middle stage of the Oreupation. A major shift in GHQ-SCAP's approach to prostitution policy making rould be observed through the imposition of radical directives to the Japanese government during the initial stage, to indirect intervention into the legal proposals related with prpstitution in the middle stage of the Oreupation. In this period, GHQ-SCAP officials used a non-interference approach in allowing the Japanese government to pass laws related with prostitution. A series of discussions and ronferences on the prostitution issue were ronducted between the

Japanese and Oreupation officials. The GHQ-SCAP officials acted as advisors and served as partners of the Japanese government officials in devising measures to solve the prostitution problem. By suggesting both formal and informal (verbal) advices, GHQ-SCAP officials rontinued to influence the policy making on prostitution in Japan during the middle stage of the Oreupation.

68 Local ordinanres on prostitution

In January 1949, conferenoos and discussions were held between Japanese and GHQ-SCAP authorities regarding the legality of local government ordinanoos controlling prostitution, under the terms of the Local Autonomy LaW.l42 Under the provisions of the Local Autonomy Law (Law No. 67 of

1947, as amended), "the local governments have the power to pass anti-prostitution laws, as long as there is no national legislation on the subject."l43 For example, Miyagi and Niigata prefecture have passed ordinanoos which forbid prostitution throughout those prefectures. Similarly, 'lbkyo considered an enactment of a similar city ordinanoo by this time. The GHQ-SCAP's Attorney General's Offioo noted that other local legislatures are considering passing similar legislation, sinoo the ''Bill for Punishment of

Prostitution and Related Activities," presented to the National Diet in June and November 1948 session was tabled pending. During this time, there was no national law that prohibits prostitution in Japan. According to Howard Meyers of the legislation and Justioo Division

The passing ofVD Law and local ordinanoos which prohibited prostitution implies that during this stage, ·the Japanese government was not ready to pass a national law that prohibits prostitution yet. The local ordinanoos would serve as temporal measures to control VD and prostitution, while the Japanese government and the Occupation officials continue to investigate and look into the actual condition of prostitution in Japan during this period. However, the legal Section officials already stressed their stanoo not to interfere with the passing of an anti-prostitution bill. This should have influenood the postponement of the passing of an anti-prostitution bill in Japan. One of the reasons why the legal

Section did not want to interfere with the decision to pass the anti-prostitution bill might be "cultural differenoos" as it was written in their documents. But if analyzed from a previous experienoo of protests from the Japanese people against indiscriminate arrest of women suspected as streetwalkers as an infringement of human rights, the GHQ-SCAP officials should have realized that passing an anti-prostitution bill would be experimental. And considering that the passing of an anti-prostitution bill could produoo complex effects (for example, many women and those persons engaged in the commercial sex business would loose their jobs, how to regulate or sanction the clients who were both

American and Japanese men, solicitors and prostitutes, etc), the GHQ-SCAP officials should have

69 thought that it would be too risky if they support the anti-prostitution bill. So, GHQ-SCAP officials preferred not to interfere formally with the policy making on anti-prostitution bill. They should have thought that an anti-prostitution bill (or complete abolition of prostitution) would not be needed in this period.

PO&SR Division's treatment of the 1948 Survey Report

In 1948, GHQ-SCAP's Attorney General (Legislative Assistant Attorney GeneraDl45 ordered the

Japanese government to conduct a survey on the attitudes of Japanese people toward prostitution. The

Attorney General's function was to review and draft cabinet bills and orders. In relation with the prostitution issue, the Attorney General asked the Cabinet Deliberation Room Public Opinion Unit of

Japan 146 to conduct a survey, in order to ascertain the Japanese people's view on the proposed anti-prostitution bill. The survey147 also included questions which were aimed to know the general perception of the Japanese people on prostitution. The results of the survey report were published by the

PO&SR Divisionl48 of the CI&E Section, and made available to the different GHQ-SCAP sections in

June 1949. This Division cooperates with the National Public Opinion Research Institutel49 of the

Japanese Government. It is important to note that the PO&SR Division's role was only to analyze the survey results.l50 Its function did not include recommending proposals relating with prostitution. Some of the results of the survey were mentioned in studies of Koikari (1999), Tanaka (2002), Fujime (2004), etc. but these studies did not discuss in detail the survey results. This chapter will show how GHQ-SCAP presented and interpreted the survey results. Later, the survey results were used by some GHQ-SCAP section officials to back up their arguments in recommending proposals related with prostitution. This implies that the survey results had influenced some of GHQ-SCAP officials' view on prostitution.

The survey consists of seven parts, arranged as follows: (1) the public thinking about the problem of prostitution during that period; (2) the assessment of blame

70 Division are summarized as follows:

(1) Public thinking about the problem of prostitution - "A sharp distinction is made between street-walking and organized prostitution:' The PO&SR found out that "it was difficult for the majority of the Japanese people interviewed in the survey to think of prostitution as a unified concept, that is, as any and all behavior involving sexual relations for pecuniary gain:'I52 This way of thinking among the

Japanese was considered by the PO&SR as different from the way people think in Western countries. In particular, many respondents felt more indignation over the streetwalkers (particularly 'panpaIi) than over the women in the licensed brothels. The ''panpan with her brazen painted face and manners, her garish Western clothes, is unfamjljar obtrusive, disorderly element. Because a panpan is clearly visible, she forces people to be aware of her existence. However, the traditional organized brothels are orderly and inconspicuous. Thus, for many people, the term prostitution. with its implications of public immorality, irregularity, and degeneration. refers to the streetwalkers rather than to the organized houses." 153

Another point stressed by PO&SR was that majority of the respondents viewed prostitution as having good and weak points. It was not completely viewed as social evil.l54

(2) The assessment ofblame- Many Japanese people felt that "the prostitute is a victim of society." In fact, many respondents were inclined toward a relatively sympathetic view of the prostitute and her problems,

"the prostitute is more a victim of society than a deliberate offender herself'l55 greatly considered from the economic difficulties and environmental circumstances. Among all parties engaged in the prostitution

(prostitute, client, procurer and the proprietor), "the proprietor is considered most blameworthy.l56 The

"heaviest punishment is favored for the proprietor; least for girls in organized houseS."157

(3) Attitudes toward legal control of prostitution- The majority of the respondents thought that "some control and regulation of prostitution is considered necessary, but they thought of this more in terms of the establishment of welfare facilities than in terms of legal punishment.l58 There was also a distinction between the responses regarding the "legal prohibition of street-walking (which was considered necessary) and legal prohibition of organized houses (which was not considered necessary)."I59 It was also discovered that there is a close relationship between the extent to which people felt that legal prohibition of prostitution was necessary and the extent to which they realistically desired the end of prostitution.

71 This relationship was found to hold in the case of both street-walking and organized houses. For example,

"in terms of the legal abolition of street walking by realistic desire for its elimination, when asked if it is

[absolutely necessary], it was found out that 73% of the respondents answered [not at allJ:'I60 Realistic

desire refers to "the extent to which, in view of the practical obstacles that are anticipated, people still

favor the elimination of prostitution as a practical and immediate course of action."161 In terms of the

[legal abolition of organized prostitution by realistic desire for its elimination], when asked if it is

[absolutely necessary], 96% of the respondents answered [not at aUI. Many respondents favor the

abolition of prostitution in an abstract sense or its abolition as an ideal, etc. but they feel that practically

and realistically, there are too many difficulties and that immediate attempts at abolition of prostitution

would either fail completely or bring about even worse consequences than the continued existence of

prostitution. 162

(4) Attitudes toward the proposed prostitution law- ''The majority is opposed to the proposed prostitution

control law: the principal reason for opposition is the intended closing of organized houses." The proposed

law for the control of prostitutes contains provisions for the punishment of all prostitutes, whether

streetwalkers or girls in organized houses, the client, the proprietor, the procurer and all other persons

who have some direct connection with the prostitution enterprise. When various aspects of the proposed

law were broken down and presented to the respondents for separate consideration, it was found out that

"most Japanese people felt that street-walking was unnecessary, but a majority felt that organized

houses were necessary."I63

(5) Assessment of the Japanese peop1e's desire for the elimination of prostitution- "The abolition of

street-walking is favored much more strongly than the abolition of organized prostitution."I64 In an ideal

and abstract sense, majority of the respondents favored the elimination of prostitution. That is, most

people felt that the elimination of prostitution was desirable. This feeling was much stronger toward

street walking than toward organized prostitution. However, when respondents thought of the problems concretely, in terms of the difficulties and the obstacles to such a course, they were much less inclined to favor outright abolition. In fact, the majority of people were opposed to the abolition of the organized houses, and the proportion favoring the elimination of streetwalking also declined considerably.l65

72 (6) and (7) Comparison of responses - In oomparing the responses acoording to the respondents by region

(between Tokyo and Sendai), it was fOlmd that "the trends were generally the same in both Tokyo and

Sendai. However, there was a slightly greater emphasis which was not in support of prostitution among

respondents in Sendai."l66 In particular, two out of every five persons in Sendai did not know of the

prefectural law. The largest number of these respondents was inclined to feel that the law has not been

effective. Most respondents also favored the continued enforrement of the prefectural law, but did not

seem to understand its provisions.167 With regards to the comparison between men and women's

attitudes towards prostitution, "the basic thinking on prostitution was very similar, but men tended to be

more lenient than women, especially toward organized prostitution." 168 Although there were local

ordinances regulating prostitution in some prefectures such as Sendai, most people were not aware of the

ordinance and its provisions.

Based on the survey results, the PO&SR Division treated the Japanese people's view on prostitution

as uniquely different if based from the American moral standard that views prostitution as a social evil.

Before the survey results were published, American anthropologist Ruth Benedict (1946) said something about Japanese sexuality which states that "erotic pleasure is an area in which Japanese are not moralistic," as compared to Americans who have many taboos in this regard. Benedict added that the

Japanese people regard "sex, like any other 'human feeling,' as thoroughly good in its minor place in life.

There is nothing evil about 'human feelings' and therefore no need to be moralistic about sex pleasures"

(Benedict 1946:183).

Benedict's view on Japanese sexuality might have similar points with the way some GHQ-SCAP officials viewed Japanese people's thinking on sex, by citing the differences in Japanese and American sexuality. The American view on sex is based on two opposing forres, 'the flesh and the spirit,' which are continually fighting for supremacy between good and evil, in each human life. However, in Japanese philosophy, the "flesh is not evil, and enjoying its possible pleasures is no sin"1OO (Benedict 1946:190). The issue whether Benedict's or some of the GHQ officials' view on Japanese sexuality is oorrect and true or not will not be discussed in this paper. There might be concrete differences on Japanese and American sexuality as stressed by Benedict (1946) and GHQ-SCAP which represented that Japanese people did not completely view prostitution as a social evil But if analyzed from the socio-economic condition in postwar

Japan, one of reasons why the Japanese public had considered the necessity of licensed brothels or the disapproval of a legislation criminalizing prostitutes would be poverty. In order to survive in a distressed

73 condition after war, a lot of women might have been forced to engage in prostitution while others

personally chose to resort to prostitution in order to support themselves and their families. It is also

important to note this was not a national survey. Only major cities and prefectures were included in the

survey, so the survey did not represent the whole of Japan, it had its limitations.

Control ofwomen who solicit Occupation personnel

In July 1949, the issue on indiscriminate round-up of women who were suspected as streetwalkers

soliciting Allied troops was discussed in a conference, ''Prostitution Cases in Provost Court"170 Trial of

prostitution cases. This time the indiscriminate round-ups on the street by MP were discontinued in

'Ibkyo. The anti-prostitution bill did not pass the Second Session of the Diet in November 1948, thus, a

small committee is organized to revise this bill by focusing on provisions that protect the welfare of the

prostitutes in August 19, 1949.171 On August 31, 1949, a memo entitled "Recommendation for Repression

of ProstitutiOn"172 showed the findings and suggestions from Professor Watanabe's research in 'Ibkyo

where prostitution was practiced and clients were solicited. He noted that "the indifferent attitude of the

general public and their lack of knowledge of the evils resultant from prostitution is the main reason so

little progress can be made to restrain or abolish prostitutiOn."173 Professor Watanabe also conducted a

series of inspections of rehabilitation homes for prostitutes174 in September 1949, and found out that the

"so-called rehabilitation homes in 'Ibkyo, Yokohama, Kansai have no actual rehabilitation program either

occupational or cultural and no future plans or programs" for the women. 175 Professor Watanabe's research is an example of the efforts made by GHQ-SCAP to investigate on the prostitution issue by trying to understand the cause of prostitution and check the progress of the immediate measures which

dealt with the rehabilitation of women in the commercial sex business. His findings discussed the cultural implication of the issue by pointing that the cause why the prostitution issue remained to be unresolved was the Japanese people's view on prostitution. He also criticized the ineffectiveness of the rehabilitation homes for women.

On September 13, 1949, the GHQ-SCAP released a Circular No. 83,176 General Personnel,

Regulations which authorized the local occupation force Commander in the area to place off limits any hotel, inn or theater for cogent response. On December 23, 1949, a memorandum ''Use of Military Police to assist Japanese Police in connection with VD Control Law177 from the Far East Command/FEC was released to clarify the issue on the measures which should be taken in Japan by military police in

74 assisting Japanese enforcement agencies in controlling VD. In particular, the VD control measures aimed to enforce "groups of prostitutes dealing with Occupation personnel, and to curb the activities of such prostitutes and of the panderers and operators of houses of prostitution who work with them."178

According to FEe, the MP should deal with this issue concerning the following actions on1y:

(1.) When Japanese police enter houses known or suspected to be houses of prostitution, it is entirely proper for MP to accompany them, on request, for the following purposes: (a) to prevent Occupation personnel from interfering with Japanese police questioning Japanese prostitutes, panderer or house operators or taking action under the applicable enforcement provision of the Japanese Venereal Disease prevention law; (b) to arrest Occupation personnel violating military law or regulations. Under these circumstances, MP should scrupulously refrain from making the Japanese police to enter such places, without the consent of the owner, unless provided with the necessary warrant required by Japanese law.

MP should also refrain from giving any instructions or orders to the Japanese police with regards to action against indigenous personnel under the VD Prevention Law. This is particularly important because this law forbids arrest or forcible detention by the police except where an order from the

Governor of the Prefecture has been obtained in advance in the case of a prosecution for refusal to have a health examination or to take necessary treatments for venereal disease as ordered.

(2) When MP, acting under proper authority, enter houses of prostitution which have been placed

"Off Limits" or enter suspected houses to determine if they should be placed "Off Limits", it is proper for them to request the Japanese police to accompany them to act as interpreters and to assist in determination of the true facts in the case. However, in such cases, MP should refrain from instructing the Japanese police to act against indigenous personnel under the VD Prevention Law. This does not, of course, mean that the Japanese police may not, if provided with warrants as required by Japanese law, themselves take such enforcement measures as may be legal under the provisions of the VD Control Law.

(3) When Japanese police are engaged in official questioning of known or suspected prostitutes or panderers in "pick-up" areas where prostitutes are in the habit of loitering and soliciting business with

Occupation personnel, it is proper for MP to accompany the Japanese police to prevent interference by

Occupation personnel In such cases MP must be carefully instructed not to make arrests of such suspected prostitutes and not to ask the Japanese police to do so.

This memo shows that the GHQ officials stressed the importance of the roles played by MPs which was limited only in accompanying Japanese police in controlling the activities of prostitutes who solicit

75 Occupation personnel, and of the panderers and operators of houses of prostitution who work with them.

The three cases mentioned above show that the limitations of:MPs role in controlling VD indicate that the

GHQ-SCAP wanted to make sure that:MPs would not directly involve in the procedure of arresting those

suspected as prostitutes, panderers or owners of brothels. By letting the Japanese police directly carry out

the procedure of questioning and arresting of women, GHQ-SCAP would be put in a safer position if

possible conflicts occur. The memo also implies that GHQ-SCAP already realized the complexity of the

procedure in regulating women who solicited American troops, and the soldiers themselves. In particular,

the issue on who will enforce the prostitution rules (Mp or Japanese police), or how these rules be carried

out became a major issue since the actors involved were not only Japanese women and brothel owners

but the customers as well who were mainly American troops.

Summary

In the middle stage of the Occupation, GHQ-SCAP continued to struggle with the VD and

prostitution issue in their policy making. However, the things they learned from their previous experience

(in the initial stage of the Occupation) guided them to use a different approach in drafting and adopting

prostitution policies. Due to their previous experience, the GHQ-SCAP officials started to look into the

facts and actual situation of prostitution in Japan (not only the prostitutes' condition but even the way

Japanese people viewed prostitution), by conducting surveys and investigations. The Occupation's

"reverse course" and the changes in GHQ-SCAP's overall management policy during this period also influenced the way GHQ-SCAP officials treated the prostitution issue. I refer the "reverse course" as an

"outside constraint" since it was not directly related with the prostitution issue, yet it brought a major

transition in GHQ-SCAP's policy making on prostitution from the imposition of radical directives in the initial stage, to indirect and informal intervention into the prostitution issue in the middle stage of the

Occupation.

With regards to the "cultural discourses" used by some GHQ-SCAP officials in backing up their

arguments in the drafting of policies on prostitution, a change was observed in using "cultural superiority" discourse in the initial stage of the Occupation to "cultural relativity" discourse in the middle

stage of the Occupation. For example, when the anti-prostitution bill was submitted to the Diet in June

1948, Legal Section officials referred to cultural differences to back up their argument that did not concur with the anti-prostitution proposal By citing the differences between Japanese and American moral

76 standards (the Japanese people do not regard prostitution as unethical, which was viewed by GHQ-SCAP

as different from American people's stance on the moral implications of prostitution,), the Legal Section

perceived the Japanese culture as peculiar and preferred not to impose Western moral norms.

The Legal Section officials let the Japanese government decide whether or not to pursue legal

measures on prostitution. This suggests a more indirect and less intrusive approach in treating the issue.

This shift occurred when the GHQ-SCAP officials should have become more cautious in directing

measures such as the legal prohibition, since they already experienced protests related with prostitution

in the initial stage of the Occupation. In this way; if there would be resistance from the Japanese people

the GHQ-SCAP would not be blamed for any intervention.

In terms of the implication ofGHQ-SCAP's complex organization, the conflict between civil (PH&W,

Government and Legal) sections and military officials continued until the middle stage of the Occupation.

This conflict contributed to the failure of GHQ-SCAP's VD program which produced ambiguous effects to

GHQ-SCAP's policy making on prostitution. Similar to the previous experience, the civil section based

their proposals on the idealistic goal of GHQ-SCAP which was to democratize Japan, while the military

officials' main priority was the health of their troops by curbing VD (through regulating women,). But this

time, the cause of the conflict was the procedure of regulating prostitutes, particularly whether who

would supervise in the "contract tracing" program of GHQ-SCAP, the police or the public health officials.

Unlike the reformist and direct approach179 used by most GHQ-SCAP sections in dealing with the

prostitution issue in the first stage, GHQ-SCAP conducted more investigations and studies (surveys) to

look into the existing and actual conditions of the Japanese people after the war in the middle stage of the

Occupation. They started to base their policies on the findings of their investigations, and considered that the complex nature of prostitution should be understood, not only from the medical and legal perspective,

but by viewing socio-cultural perspective as well in order to adopt appropriate measures. Examples of the

studies and investigations conducted by GHQ-SCAP are the following: (I) 1948 survey requested by the

Attorney General's Office of the GHQ in order to ascertain Japanese people's view on the proposed anti-prostitution bill The PO&SR Division represented that Japanese people did not completely view prostitution as a social evil, and majority of the respondents considered the good and bad aspects of the prostitution. But the PO&SR's presentation of the survey results did not highlight the socio-economic condition of postwar Japan, which could have greatly influenced the Japanese people to consider the significance of prostitution to women who did not have better options than to work in the sex industry. It

77 is also important to note that this was not a national survey, so the survey itseJfhas its limitations.

(2) A staff study was conducted by PH&W section regarding the contact tracing of women who

solicited and associated with Occupation personnel, and those who were infected with VD. It was shown

that the supervision of the MP or public health authorities in carrying out the contact tracing created

conflict between PH&W and military officials; (3) a study conducted by Dr. Powdermaker evaluated the

overall management policy of GHQ-SCAP in 1948. Although Dr. Powdermaker's report findings were not

directly related with the prostitution issue, it seems to have influenced the GHQ-SCAP officia1s to

re-examine their approaches in handling the prostitution problem, especially in recommending policies

regulating women and controlling VD.

Not only did the GHQ-SCAP officials had an indirect intervention with the prostitution policies but

the GHQ also released disciplinaIy measures such as the "abstinence policy" to their troops through the

establishment of the GHQ-SCAP's Character Guidance Council. This indicates an attempt by the

GHQ-SCAP to control VD by imposing regulations to their troops. However, the Council and the

abstinence policy became ineffective in curbing VD among Occupation troops. This made the Judge

Advocate and Far East Command (military section) to recommend proposals that would make

prostitution, especially solicitation of troops or pandering a criminal offense. The proposal demonstrates

conflict between civil and military sections of GHQ-SCAP in dealing with the VD and prostitution

problem.

The non-interference approach of GHQ-SCAP in their policy making was also evident in letting the

Japanese government pass a national law such as the VD Prevention Law, and local ordinances

prohibiting prostitution. Although the VD Law is a national law, it did not totally criminalize prostitution.

The local ordinances were also temporal measures since not all prefectures passed these ordinances. In

short, Japan did not have a national law that criminalizes prostitution during this period. The

anti-prostitution bill was tabled pending for approval during this time. GHQ-SCAP should have realized

that the anti-prostitution bill would produce complicated effects (for example, many women and those

persons engaged in the commercial sex business would loose their jobs, a difficulty in carrying procedures that would regulate or sanction the clients who were both American and Japanese men, solicitors and prostitutes, et.c.), if passed into a law. Also during this time, the GHQ-SCAP officials acted in cooperation with the Japanese government officials in attempting to solve the prostitution problem. For example,

GHQ-SCAP conducted discussions and conferences with the Japanese government officials. In the

78 enforcement of prostitution ordinances, the roles of MPs were only limited in accompanying Japanese police in rontrolling the activities of prostitutes who solicit Occupation personneL panderers and brothel operators according to the formal directive released by GHQ-SCAP. However, Okuda (2007) pointed out that in the actual inspection and arrest of women, the MPs still dominated in the enforcement of the directives to rontrol prostitution.

This chapter showed that aside from the direct factors (such as the way GHQ-SCAP viewed

Japanese people and Japan's licensed prostitution, unrontrolled association of US troops and Japanese women, etc.) that influenced the GHQ-SCAP's prostitution policymaking, indirect factors or "outside ronstraints" such as the shift of GHQ-SCAP's overall management policy during the reverse rourse of the

Occupation influenced the way GHQ-SCAP's civil officials treated the prostitution problem. This implies that not only direct factors but indirect and outside factors should also be ronsidered in analyzing the dynamic and romplex nature of the Occupation's intervention into Japanese prostitution issue. During this period, the GHQ-SCAP did not totally prohibit prostitution because Occupation officials became very careful in formally releasing directives that might incite the Japanese public for protests. And instead of passing the anti-prostitution bilL the VD Prevention Law and other ordinances on prostitution were passed, so GHQ-SCAP officials should have realized that a total abolition of prostitution would not be needed. Thus, the GHQ-SCAP officials drafted their policies on prostitution within their limits, ronsidering not only what was practical during this period but by ronsidering a wide-range of factors.

They became more cautious in their decision-making.

After this period, how did the result of GHQ'-SCAPs investigations, including its non-interference approach affected the prostitution issue in the last stage of the Occupation? Did their effort produce good results whether in the curbing ofVD or restricting prostitution activities? Or did they rontinue to struggle and rompletely let the Japanese deal with the prostitution issue? These questions will guide us in finding out how the Occupation officials dealt with the prostitution issue during the last stage of the Occupation.

79 Chapter 4- Intense conflict among GHQ officials regarding the prohibition ofprostitution

As the "reverse course" advanced which brought changes to GHQ-SCAP's overall management policies, the Korean War broke in June 1950. The outbreak of Korean War led to a procurement boom which stimulated the eoonomic revival of Japan in the early 19508. The Korean War also caused the

Occupation authorities to shift their course, opening the way for the total rearmament of Japan and putting an end to the displacement of wartime leaders (Tsurumi 1986). Another important feature of the last stage of the Occupation was the arrival of a great number of American troops in Japan who were later dispatched to Korea. ''From 1950 until 1953, hundreds of thousands more men would stream through Japan as part of the Korean War, for training, for maneuvers, and for Rest and Recreation trips"

(Kovner 20(4). From the viewpoint of women, the opportunity to solicit American troops increased. The solicitation ofAmerican troops by Japanese women was concentrated near the US military bases. On the other hand, military officials were anxious of the great possibility of spreading VD among their troops.

This made them recommend a series of proposals aimed to legally suppress solicitation among American troops, by punishing prostitutes and panderers only.

The legal control of prostitution (especially the solicitation of American troops by Japanese women) was an issue that caused struggle and division among GHQ-SCAP officials even from the beginning of the Occupation. Okuda (2007) showed that brothels were established near American military establishments as a result of informal policy of GHQ-SCAP. The US military officials informally requested the Japanese government to establish R&& facilities (including brothels) for the US troops

(Tanaka 2002). These informal requests indicate that the military officials were greatly concerned with

VD problem. They thought that iftheir men would associate with streetwalkers (unregulated prostitutes), there would be greater risks for their troops to acquire VD. And since they realized that they could neither control the soldiers' promiscuous behavior nor the solicitation of women on the streets, they should have thought that regulated brothels near the military establishment would be a better measure to deal with the uncontrolled aspect of the prostitution issue. Despite this, VD could not be controlled because the military officials could not stop the association of their troops with Japanese women (whether on the streets or brothels) nor women's solicitation of troops.

During the initial and middle stages of the Occupation, military officials steadily recommended

80 proposals that prohibit women from soliciting Occupation troops. But these proposals were not approved

by GHQ-SCAP. Civil sections of SCAP such as PH&W, Government and Legal sections did not concur

with the militaIy officials' proposal. Instead, the civil sections released verbal and informal orders to the

Japanese government to control prostitution. The VD Prevention Law and other local ordinances were

passed to become significant legal measures that controlled prostitution by regulating women, pimps and

brothel owners. The Occupation ended without GHQ-SCAP's approval of proposals that aimed to totally

suppress prostitution.

Since proposals aimed to legally suppress prostitution became a major issue among GHQ-SCAP

officials in the last stage of the Occupation, this chapter documents arguments from different militaIy

officials and civil section officials of GHQ-SCAP regarding the issue. This chapter also examines the

different events and factors considered by some militaIy officials of GHQ-SCAP in proposing for the legal

prohibition of prostitution. The following are the questions considered in this chapter:

(]) What were the issues (old or new) that GHQ-SCAP officials had to face during the last stage of

the Occupation? Did they continue to struggle with the prostitution issue?

(2) Did GHQ-SCAP officials continue to use "cultural discourses" to back up their arguments? How

do the discourses used in the last stage differ with "cultural discourses" discussed in the previous stages?

(3) How did GHQ-SCAP's policy making on prostitution ended? Were there unresolved issues

(related with prostitution) left at the end of the Occupation?

It is hoped that by finding answers to these questions, GHQ-SCAP's policy making on prostitution during the last stage of the Occupation will be better understood.

4.1 Military officials' proposals prohibiting prostitution (1950)

Several studies on the latter part of the American Occupation in Japan referred to the Korean War as a stimulant to the economic revival of Japan in the early 1950s. According to Tsurumi (1986), the

Korean War which started on June 25, 1950, caused the Occupation authorities to reverse their course.

This opened a way for the total rearmament of Japan and putting an end to the displacement of wartime leaders. ISO Redford (1980) added that "the start of the Korean War produced a sudden procurement boom that enabled the stagnant economy to recover its vitality and to sustain high growth rates in the last half of the 195O's,"181 and also prompted the revival of militaIy power in Japan. Allinson (1997) noted that not

81 only the industrial sector but Japan's farm output also reached prewar highs in the mid-1950's.

''Many farm families were demonstrably better ofLCity residents, too, had seen dramatic improvement in

living standards... during the early 1950's, living standards gradually improved" Allinson (1997:79).

Thus, by the early 1950's, Japan had made oonsiderable progress toward restoring its eoonomy.

Acoording to Smith (1995), by the time MacArthur departed to fight the war in Korea in the summer of

1950, "SCAP intervention in Japanese affairs had beoome less intrusive and had steadily wound down

after 1947."182 Even before the Korean War broke out, a series of proposals were already released by

military officials of GHQ-SCAP that aimed to legally prohibit prostitution. Sinre the military officials

were oonrerned with the health and welfare of their troops, they reoommended policies and regulations

which would curb the incidenoo of VD among American troops by punishing streetwalkers, pimps and

even brothel owners.

Amidst high VD incidenoo in Japan, a oomplaint was written by Captain Ernest Zinn on February 7,

1950.183 His oomplaint was mainly about the "insufficient" housing situation of armies in Japan. But he

also oommented on the cause ofVD prevalenre by stating that "prostitutes were permitted to canvas on

the street, even to the extent that they approach as near as the front gate to the Post,"l84 and he

addressed the issue to the GHQ-SCAP offire. His oomplaint presented two main factors which

oontributed to an alarming VD incidenoo at the last stage of the Occupation: (I) insufficient housing

situation which oontributed to poor sanitary oonditions, and eventually led to the sudden increase of VD

incidenre among Occupation troops; and the (2) roles of women who boldly solicited troops near the

military camps. In his oomplaint the roles of the soldiers who voluntarily associated with streetwalkers or

prostitutes were never mentioned.

In reply to Captain Ernest Zinn's oomplaint, Major Crimshaw of G-1 185 Section proposed

''Prohibition against solicitation"I86 to the Chief of Staff187 on March 15, 1950. The proposal was released due to a high VD rate in Japan. Major Crimshaw made referenoo to Captain Ernest Zinn's oomplaint

about the solicitation of women near military establishments. On March 21, 1950, Gen. Beiderlinden submitted a draft of a proposed SCAPIN ''Prohibition Against Solicitation"I88 (in relation to the previous

proposal of Major Crimshaw of G- 1) to the Character Guidanoo Council. The proposal was designed to legally prohibit solicitation among Allied troops for prostitution.

82 After the Korean War broke out, more recommendations (mostly revisions of previous proposals

aimed to repress prostitution) were released by the military commanders of GHQ-SCAP. During the

Korean War, America needed to maintain a great number of healthy soldiers to be dispatched to Korea.

Thus, various military officials from different sections of SCAP all over Japan recommended the following

proposals (some were SCAPINs) to protect the American troops from VD. The proposals were aimed to

punish the women (who solicited American soldiers) only. There were no provisions which prohibit the

soldiers from associating with streetwalkers or women in the brothels.

(I) The Headquarters 7th Infantry Division Office of the Commanding General recommended a revised procedure in the "ControlofProstitution"189 through cooperating with the Japanese authorities to reduce solicitors in and around military installations. The recommendation was addressed to the

Commanding General Japan, Logistical Command.

(2) The 8th Army Replacement Training Center proposed a SCAPIN "Repression of ProstitutiOn"190 and recommended it to the Commanding General of Japanese Logistical Command/Provost Marshal on

September 8, 1950. The proposed SCAPIN aims to prohibit solicitation within 5-mile radius of all military installations. The officials of 8th Army argue that "due to absence of troops, many prostitutes came to the

Asaka District. Th keep temptation out of the soldiers' way, it is recommended that a SCAPIN be issued."191 The military officials who drafted this proposal argued that after US troops were dispatched to

Korea, many prostitutes who previously solicited US soldiers on the streets realized the decreasing number of soldiers. So these women went to solicit near US military establishments. And the military officials blamed the women for tempting the soldiers to engage in prostitution.

(3) The Headquarters and Service Group, Far East Command also recommended the "Control of

Solicitors and Streetwalkers"192 on September 14, 1950 to the Commander-in-Chie±: Far East Command.

This proposal pointed to the need for revising Japanese laws that would permit Japanese authorities to establish effective control of prostitutes with particular emphasis upon solicitors and streetwalkers. As noted the proposal was recommended because ''there was no effective control of solicitors and streetwalkers in Japan, and that created a problem which cannot be solved by discipline of the soldier alone, especially since a definite increase in solicitors and streetwalkers has been noted:'193

(4) The Headquarters Japanese Logistical Command 194 expressed its concurrence with the proposed SCAPIN "Repression of Prostitution" (which prohibits solicitation within 5-mile radius of all military installations). This office requested that "appropriate action be instituted to prevent harassment

83 of the armed forces by solicitors for moral purposeS."l95 The offioo also suggested a revision of the

prooodure to work with Japanese authorities in order to reduoo solicitors in and around military

installations.

(5) Amemol96 from the Provost Marshal (Col Chaplin 26-5703) proposed the "Solicitation of'froops

for purposes of prostitution," to the Chief of Staff on September 22, 1950. The memo reoommended "an issuanoo of a Cabinet Order under the Potsdam Declaration designed to prohibit solicitation by prostitutes or panderers to Occupation personneL in areas surrounding or adjaoont to military camps or installations, as specified from time to time by the Supreme Commander for the Allied Powers or his major subordinate rommanders in Japan."l97 In this memo, the argument raised by the Provost Marshal used a cultural discourse. His argument pointed to the rommonality between the Japanese and American people's tendency to tolerate segregated or lioonsed prostitution while opposing streetwalking.

Since the Japanese have a diffurent outlook toward prostitution and, ronsequently, no national laws against

prostitution, it is unreasonable to ask the Japanese Government to take action of a similar nature. Howevel; it

is possible that a modified version of such legislation prohibiting solicitation of Occupation persons in the open

fur purposes of prostitution by street walkers and pimps, in specified areas, might be favorably ronsidered,

especially in view of the sympathy of the Japanese people in general to our war effort. In this ronnection,

reference is made to Chapter I, The Japanese People Look at Prostitution,' which indicates that, whereas the

Japanese favor segregated prostitution in the equivalent of our 'red light' districts they are strongly opposed to

"street·walkers" and solicitation fur prostitution in public, a phenomenon which has developed sinoo the

Occupation and which is limited, fur the most part, to solicitation of Occupation persons.198

The Provost Marshal directly quoted the 1948 survey results (the first time the survey result was quoted in a SCAP document which backed up a proposal aimed to rontrol prostitution), which was used to represent the trend of Japanese people's view to tolerate segregated prostitution. He further discussed that the Japanese segregated prostitution is similar with the American red-light districts. In this way; the

Provost Marshal represented the culture of favoring or tolerating lioonsed prostitution as a common cultural feature both in Japanese and American societies. The representation of this rommon cultural feature was used to support the Provost Marshal's stanoo to prohibit solicitation among troops by streetwalkers. The Provost Marshal claimed rommonality with the Japanese people's view on licensed

84 prostitution by pointing out American people's tendency to favor "red-light" districts (likened to

segregated prostitution). The "cultural commonality" discourse used by the Provost Marshal is completely

different from the "cultural superiority" and "cultural relativity" discourses which were used by GHQ's civil sections in the initial and middle stages of the Occupation.

The Provost Marshal's discourse does not only imply a conflict of interest between the military and civil sections of GHQ-SCAP, but it shows that the military officials became too desperate to encourage and convince other GHQ-SCAP section officials (especially civil section officials) to approve proposals aimed to legally prohibit solicitation of US troops. Although the Provost Marshal might have used this one common aspect between Japanese and American people's view on prostitution in a desperate attempt to solve the

VD and prostitution problem, the Provost Marshal should have realized that if solicitation among troops near military camps would not be controlled, the VD rate among troops will increase. Eventually, this would affect US military's strategy and operations in the Korean War.

(6) A Memo for Major Napierl99 which recommended the need of a consultation with Metropolitan

Japanese Police Chiefs in controlling prostitutes and solicitors was released on September 29, 1950. The memo suggested immediate measures which should be taken such as (1) placing "off-limits" the military establishments to prostitutes; (2) stricter police patrol by applying related laws in order to control the activity of prostitutes and solicitors near military establishments.

The view of GHQ-SCAP's military officials that Japan lacks national laws or legal measures prohibiting solicitation of troops for the purposes of prostitution became a significant factor why military officials recommended the above-mentioned proposals. They thought that the existing procedures in controlling prostitution in Japan were inadequate, or not strictly imposed. They also viewed that the women who solicit US soldiers were the main culprit of spreading VD to the troops. These women concentrated their solicitation near military establishments after the outbreak of the Korean War. The departure of US troops (stationed in different parts of Japan) to Korea led many streetwalkers to solicit remaining soldiers near military camps where heavy concentrations of troops, and units or individual replacements of soldiers were being accommodated on their way to Korea. The six proposals aimed to repress prostitution demonstrate the military officials' serious and desperate attempt to solve VD and prostitution problem. These proposals were aimed to punish the women (who solicited American soldiers) only. There were no provisions that would prohIbit the soldiers from associating with Japanese women.

The military officials also stressed that GHQ-SCAP officials should consult and cooperate with the

85 Japanese police in finding ways to strictly enforce laws and ordinances regulating solicitors.

On the other hand, in reply to the Memo for Major Napier, a document200 from 'lbkyo's Provost

Marshal Office was released on October 6, 1950. This document discussed the reactions of some staffs of the Provost Marshal office who did not roncur with the proposed "Prostitution Control Cabinet Order" by

Colonel Chaplin. The staffs' arguments are quoted as follows: (I) Captain Reid, Operations Officer (VI)

Control Officer) agreed to Colonel Chaplin's proposal, but he did not think that a Potsdam Ordinance would be the best solution to the problem. He stated positively that "the problem was serious because of the offenses growing out of prostitution, but that VD was not a major factor. Offenses mentioned included black market activities, rape, AWOL (absent without leave), disorderly ronduct and breeches of discipline by the Allied troops"20l; (2) A general romment from the Provost Marshal staffs regarding the relation between the worsening prostitution problem and the effects of the Korean War is summarized as: "the removal of troops from Japan did not cause an increase in prostitution activities. No one interviewed would say that the problem was worse today than it was 2, 3, or 4 months ago. The removal did, however, cause the prostitutes to roncentrate their efforts around those areas where troops remained. This roncentration increased rompetition, the girls became bolder in soliciting, and the effects of the practice became more noticeable."~

The reaction from the 'lbkyo Provost Marshal staffs, especially Captain Reid's argument ronsidered other factors such as ''black market activities, disorderly ronduct and breeches of discipline by the Allied troops," aside from the rommon view of US military officials that ''women who solicit American soldiers" were VD-carriers, and that they were the main cause of the worsening VD and prostitution problem. By pointing to the roles played by US troops in the prostitution issue, Captain Reid's argument is rompletely different from the rommon arguments of military officials of GHQ-SCAP. He analyzed the issue by ronsidering the multi-faceted aspects of prostitution. The introduction of a different opinion by Captain

Reid demonstrates a division among Provost Marshal staffs'stance with regards to rontrolling solicitation of Occupation troops.

Despite diverse arguments and ronflict among military officials regarding the prohibition of solicitation of Occupation troops, another proposallm related with the "Solicitation of Troops for the

Purpose of Prostitution" was released by a military section G-2204 to the Chief of Staff on October 30, 1950.

This proposal aimed to promote legal measures prohibiting solicitation of US troops. It suggested that "in order to protect the OCX!Upation personnel, ronsideration be given to the enactment of legislation, national

86 or local in scope, which defines: (a) as a crime, solicitation for prostitution of occupation personnel

wherever stationed; (b) places from which such solicitation is unlawful, and (c) appropriate penal

provisions therefore."205 This proposal indicates that several military section officials still favored and

pursued the prohibition of solicitation of troops.

The struggle of US military officials to pursue a Potsdam order prohibiting prostitution nationally

(not just solicitation of US troops) oontinued. In reply to the proposal "Solicitation of Troops for the

Purpose of Prostitution," a memo206 "Control of Prostitution by Potsdam Ordinance" from the Provost

Marshal was released on November 14, 1950. This memo did not ooncur with the proposal that aimed to

prohibit prostitution.

During an infurmal talk with some officials of the Metropolitan Police regarding the "Control of Prostitution by

Potsdam Ordinance," Major B.S. Barnes, Liaison officer of the 'lbkyo Provost Marshal's Office brought some

points which might tend to prove that a Cahinet order (aimed to wntrol prostitution nationally), which is

similar to the 'lbkyo Prostitution Control Ordinance, would not solve the problem on prostitution. 'lJYT

Major Barnes specifically raised questions on some of the provisions of the Potsdam Ordinance

and the other difficulties in implementing the Ordinance such as (1) the provision which requires proof that a girl has accepted money or has been promised money before an arrest can be made; (2) the representation of Japanese people's inclination to favor licensed prostitution than unlicensed prostitutes;

(3) the fact that there is a great increase of transient military personnel in 'lbkyo who were out for a good time, and that local oommanders cannot discipline them as well as those men who were permanently

assigned; (4) the provision of the National VD Control Law that requires proof that the girl knew she had a disease before an arrest can be made."2ffi In addition to Captain Reid, Major Barnes' argument analyzed the issue by oonsidering the multifaceted nature of prostitution. He pointed out other factors such as the difficulties enoountered in the procedure of arresting women who solicited US troops, and the role of the US troops. These factors were believed to make the implementation of a Potsdam Ordinance prohibiting prostitution difficult, and eventually would not solve the prostitution problem. There was already a wide gap between military officials who proposed prohibition of prostitution nationally or solicitation of US troops only, and those who did not ooncur with these proposals. How about the civil section officials? Did they have a uniform oonsensus with regards to the issue "prohibition of

87 prostitution"? What was their stance regarding this issue?

4.2 Civil Section officials' opposition to the proposals prohibiting prostitution

During the initial and middle stages of the Occupation, most civil sections (such as PH&W,

Government and Legal sections) became vocal with their view not to concur with the proposals that prohibit prostitution nationally or particularly aimed to criminalize the solicitation of troops only.

However, before the recommendation of a proposal ''Prohibition against solicitation" by Gen. Beiderlinden on March 21, 1950, the PH&W released a memo which discussed "Repression of Prostitution and VD

Control"209 at the Provost Marshal's Conference on February 14, 1950. This memo was aimed to solve the

VD problem by addressing the lack of prohibition against solicitation in the Japanese laws. In reply to

Gen. Beiderlinden's proposed draft, "the PH&W made no objections with the proposal, but emphasized that the SCAPIN should deal with solicitation only."210 This indicates that PH&W had no intention to punish military personnel for consorting with prostitutes. It was also pointed out by PH&W Section that

"the implementation of the proposed SCAPIN would be left to the Japanese without interference from the

MP. MPs will just accompany Japanese police in the execution of their official duties."211

The less intrusive and indirect nature of PH&Ws stance regarding the legal prohibition of solicitation of Oocupation troops became consistent as shown in the previous chapter. The PH&W Section only suggested provisions that were aimed at GHQ-SCAP's immediate and practical goal. This goal was directed to control the spread of VD among Occupation troops by punishing the Japanese women only.

There was no provision that would punish the clients especially Occupation troops who voluntary associated with Japanese women. The indirect participation of MPs in arresting women as stressed by

PH&W can be attributed to their previous experience. The participation of MPs in the indiscriminate arrest of women suspected with VD provoked criticisms or protests from the Japanese people in the initial stage of the Oocupation. This made the PH&W become more cautious in releasing formal orders which directly involved MPs.

Contrary to the PH&W Section's concurrence with the proposal ''Prohibition Against Solicitation" recommended by Gen. Beiderlinden, the Government Section did not agree with this proposal. A document212 dated April 14, 1950 showed Government Section's non-concurrence with the proposal

''Prohibitions against solicitation." It states that

88 the Government Section has consistently hold the view that the eradication of this practice is not a proper

matter of Occupation concern but is a matter of social evolution within the Japanese community. This view has

not changed and Government Section opposes issuance ofthe proposed directive.213

A check sheet214 released on October 6, 1950 shows that the Government Section opposed to the proposal prohibiting solicitation among Occupation troops.

The proposal in substantially the same furm has been before the Supreme Commander on at least two

previous oo:asions, at which time the Supreme Commander made it emphatically plain that he would not

direct the Japanese Government to issue a Potsdam Cabinet order designed to control prostitution and

solicitation fur prostitution. At this late stage of the Occupation again to advocate the use of such a device fur

the purpose indicated is, in the opinion of this section, wholly without justification.215

The argument from the Government Section officials became consistent in their non-concurrenoo stanoo with proposals prohibiting prostitution (as discussed in the previous stages of the Occupation).

This section should have realized that a Potsdam ordinanoo prohibiting prostitution especially solicitation among troops would not be needed. The Government Section released another memo addressed to the

Chief of Staff· expressing the Government Section's non-concurrenoo with the proposal to control prostitution by Potsdam Ordinanoo. This section argued that "the Japanese authorities are 'fully aware' of the social problem involved and are vigorously implementing the existing laws pertinent thereto:' With regards to the order that requires women in the sex industry to undertake medical check-up, the PH&W

Section released a memo entitled "Ruling of the Attorney General on Physical examination for prostitutes"216 on November 3, 1950. This memo states that "habitual prostitutes cannot be ordered to report for a physical examination immediately unless she agrees to have such an examination:'217

Even if several military officials desperately recommended a series of proposals that would totally prohibit prostitution by punishing the solicitors only, still the GHQ-SCAP did not approve these proposals.

From the point of view of civil section officials (such as Government Section and the PH&W), the following factors were considered:

(1) The Government Section became consistent with its non-concurrence stanoo to the proposals prohibiting prostitution by punishing women who solicit American troops. The main reason considered by

89 the Government Section's non-concurrenre stanre was the "cultural differenres" between Japan and

America. The Government Section used the "cultural relativity" discourse (as discussed in Chapter 3), by citing the cultural differenres between America and Japan in terms of how the people in both countries view lirensed prostitution. The Government Section consistently argued that it would not be appropriate for GHQ to directly impose a different moral or cultural standard to Japan by totally suppressing prostitution. However, if analyzed from the previous experienre (during the initial stage of the

Occupation), some Japanese civic groups protested on the indiscriminate round-up of women on the streets suspected as soliciting American troops. The indiscriminate arrest was labeled as "infringement of human rights" by the protesters. This experienre should have made Government Section officials realize that the imposition of ambiguous policies (SCAPIN 642 as an ideal policy and the compulsory arrest of women suspected with VD as a practical measure) gave the GHQ officials a ''black eye." Thus,

Government Section became more cautious in imposing formal and direct measures to the Japanese government which would incite criticisms or protests from the Japanese public.

(2) Similarly, the PH&W Section became cautious in directing the Japanese government to legally prohibit prostitution for "apprehension of possible protests from the Japanese public." PH&W suggested measures that would prevent the re-occurrenre of opposition from the Japanese people in relation to the compulsory arrest of streetwalkers as infringement of human rights. The suggestions include the exclusion of MPs in assisting Japanese polire during the round-up of women, and the need to obtain permission from the habitual prostitutes before asking them to report for a physical examination.

The civil section officials (such as PH&W and Government Section) who did not concur with the proposals that aimed to prohibit prostitution should have realized that "the proposals would not solve the prostitution problem" even at the last stage of the Occupation. By not concurring with the proposed

Potsdam Ordinanre on prostitution, GHQ-SCAP officials should have thought that they would prevent possible opposition from the Japanese public if ambiguous policies based on GHQ-SCAP's practical aims

(to protect their troops from VD) and idealistic goals (to democratize Japan) would not be directed formally.

(3) If analyzed from the impact of the "reverse course" and Korean War, GHQ-SCAP officials became more cautious in their intervention to the prostitution issue. Their policies became more indirect and less intrusive. During the Korean War, US needed Japan as a military base, so US had to maintain good relations with Japan. The lesser intrusive policies indicate lesser possibility of uprisings or protests

90 from the Japanese public.

In comparing the views of civil and military officials regarding the issue on prohibition of prostitution, the civil sections generally had a unified consensus (a non-concurrence with the prohibition of prostitution). While the military officials were divided into two groups: those who supported proposals prohibiting prostitution and those who did not. During the first half of 1950 (particularly until September

1950), there was a unified view among Provost Marshal staffs and other military officials of GHQ-SCAP to propose policies suppressing prostitution especially solicitation near American military installation.

These proposals were based on the practical aims of GHQ-SCAP to protect the American troops from VD.

Arguments from these proposals show that the military officials treated the women (who solicited the troops) as the major cause of the VD and prostitution problem. Thus, most of the military officials thought that the streetwalkers who so1icitedAmerican troops were to be punished legally.

However since October 1950, a different argument was raised by Captain Reid and Major Barnes that explained their non-concurrence with a proposal that recommended a Potsdam Ordinance prohibiting prostitution especially solicitation among American troops. Captain Reid and Major Barnes considered other factors that contributed to the rising incidence ofVD among Occupation troops. Both of them looked at the multifaceted nature of prostitution by considering the roles of the "client" (American troops) who freely associated with the streetwalkers, and the difficulty of implementing a Potsdam ordinance which crimina1izes prostitution. The two officials of Provost Marshal pointed to the actual condition of prostitution, and the participation of the different actors involved in the issue. They showed that prostitution is caused by interrelated factors as well

In relation to Tanaka's question, Captain Reid and Major Barnes' arguments might have influenced other military officials and civil officials of GHQ not to pursue the legal prohibition of prostitution since (4) GHQ officials should have realized that punishing the solicitors (women) only would not solve the prostitution problem. The gap between civil and military oflicials' stance on the prostitution issue widened as the Occupation came to an end.

There were also different types of arguments from the civil and military oflicials. The civil section oflicials used the "cultural relativity" discourse (differences between Japanese and American people's view on prostitution). They used this discourse to back up their argument not to concur with the proposals to prohibit prostitution. While some military officials who pursued the prohibition of prostitution used

"cultural commonality" discourse. Another group of military officials who did not support the proposal

91 considered the "multifaceted nature of prostitution." After analyzing diverse arguments from various

GHQ-SCAP sections, it is important to know the developments oflocal ordinances controlling prostitution

and the efforts of Japanese police and local governments to curb VD and attempting to solve the

prostitution problem.

4.3 Negative impact of1ocal ordinances on proposals prohibiting solicitation among troops (1951)

The local ordinances controlling prostitution-related activities were produced from informal requests

or orders of GHQ-SCAP to the Japanese government. The civil section officials pointed to the significance

of the VD Law and local ordinances as adequate legal measures to control prostitution in the middle stage

of the Occupation. The existence of local ordinances was pointed by civil section officials as another reason for their non-concurrence stance with proposals aimed to legally prohibit prostitution. On the other hand, the military officials stressed that Japanese laws and local ordinances related with prostitution were insufficient to control prostitution during the last stage of the O

A newspaper article218 written on February 6, 1951 reported that a number of street walkers had drastically went down since the Japanese Metropolitan Police began clamping down on them in

September 1950. It was also noted that "on the surface at least the number of such girls around

Yurakucho (Thkyo) became smaller than it used to be, but actually they have simply changed their modus operandi."219 It was described that these girls went underground activity by appearing at Ginza and

Yurakucho and found their customers during the day for appointments at night. The underground activity made it unnecessary for the women to wait for patrons to come by while standing at places where there is much risk of being rounded up by police. "Some girls also came out to the street after 10 pm when most police round-ups are over by that time. Due to decreasing competition, the girls had to make one round-trip between Sukiyabashi and 4-chome Ginza to catch one customer."22Xl

Aside from the negative portrayal of streetwalkers (particularly "panpanS' who catered to occupying forces) as VD carriers by the O

92 rontrol over their trade. As independent agents who negotiated directly with customers on the streets, they are able to fend off domination by brothel employers or pimps. This rould have been the start of a new type oflabor relationship for prostitutes, one rontrolled by women workers themselves (Nishida 1953 and Takemae 2002 as cited in Sanders 2005:4). Yoshimi (1982) noted that ''panpans organized self-defense groups as they had no vertical relationships either to the government of to pimps." Lie (1997) also categorized those women who served Americans as yopan. Those who had only one client were called only, while others were called butterDy(Smoo no Kagaku KenkyUkai 1978 as cited in Lie 1997:258) So, the US military men (both o:fficials and enlisted) did not only associate with women on the streets and in the brothels, the US military men and Japanese women engaged in various forms of sexual relationship.

Kovner (2004) examined the romplex processes of fraternization221 and the range of liaisons that characterized relationships between serviremen and Japanese women between 1945 and 1953. Kovner added that even though the US military policy explicitly discouraged fraternization, hundreds of thousands of American men associated with Japanese women. American serviremen openly flouted rommand orders, and Japanese women defied societal norms. "Servicemen, for their part, sought and enacted a variety of sexual allianres. Some men looked for a short-time or one-night sexual enrounter; others sought a longerterm relationship; yet others wanted marriage. Similarly, some Japanese women worked to earn money or goods, others sought the rommitment or monetary rewards of long-term relationships, and still other women fell in love" (Rovner 2(04). The above studies indicate that the association of US troops and Japanese women reflected various types of relationships. This aspect demonstrates the multi-fareted nature of prostitution.

With regards to the roles of Japanese polire, a mem0222 was released on July 17, 1951. The memo presents a July 10, 1951 report of Mr. Kimura of the Chief Liaison Polire ronrerning the rontinued efforts of various Japanese authorities to intensify application of legal measures for VD rontrol in the area of the

45th Division. The effort of the Japanese polire was reinforred after the release of a Government Section's request (to the Japanese government to strictly enforre ordinances regulating prostitution) on June 15,

1951. Mr. Kimura's report shows that although the Government Section did not support ''formal'' directives or proposals directing the Japanese government to enact a law that prohibits prostitution, informally (verbally) the Government Section had directed Japanese polire authorities to rigidlyenforre legal measures rontrolling VD especially in areas near American military establishments. This indicates that the Government Section became very cautious in releasing formal directives which would

93 affect GHQ-SCAP's reputation if possible opposition from the Japanese public would arise. The

Government Section officials should have realized that an informal and indirect approach such as

releasing verbal orders to the Japanese authorities would be a safer option to prevent possible resistance

from the Japanese public. During the last stage of the Occupation, America needed Japan as a military

ally especially after the Korean War broke out. Hence, America had to preserve good relations with

Japan.

Mr. Kimura also reported on a low incidence ofVD in the 45th Division military troops. The VD rate

was reported to be 64 per 1000 soldiers in April, 50 per 1000 soldiers in May and 68 per 1000 soldiers in

June 1951. The rate was considerably lower than that of the 7th Division in 1950 which had 175 per 1000

soldiers in March, 190 per 1000 soldiers in April and 200 per 1000 soldiers in May. It was also lower than

the experience of the 45th Division in Europe during the WWII.223 In 1952, as military commanders

rotated troops back to Japan during the Korean War, venereal disease spiked again, and the case rate

again reached as high as 250 cases per thousand among the troops of the US Army Far East Command

(Rovner 20(4). By 1950, sufficient penicillin was available so that most cases of early syphilis could be treated with the medicine (Kovner 2004, Okuda 2007).

The low incidence of VD was attributed to the (1) "availability of penicillin" to treat VD especially among their troops. Penicillin became available not only to the Occupation troops but to the Japanese public as well during the early part of 1950s (Okuda 2007). Eventually, this should have solved the health or medical aspect of prostitution"; (2) the number of "Local by-laws on the control of public morals"224 also increased in 1951. According to a related report225 (obtained by all the local liaison and coordination offices), ordinances on the control of street girls were revealed to have been enacted on July 31, 1951 by 6 prefectures, 14 cities, 6 towns and a village. Controlling VD through medical and legal means was reported to have been improved due to medical advancement, Japanese police and the local government's legal efforts. This resulted to the lower incidence of VD among Oocupation forces. The GHQ-SCAP officials should have realized that proposals directing the Japanese government to pass a national law prohibiting prostitution would not be needed.

A major event which took place in 1951 was the signing of the San Francisco Peace Treaty and

U.S.-Japan Security Pact in September 1951.The San Francisco Peace Treaty took effect in April 28, 1952 and officially ended the American Oocupation in Japan (Bailey 1996, Molasky 2001). At the time of the peace treaty, "the United States concluded a joint security pact with Japan, which permitted the United

94 States to station troops in Japan in order to preserve peace and security in Asia, and it obliged Japan to

defray some of the expenses for those troops" (Allinson 1997). The United States was also permitted to defend Japan against external attack and could be called on to suppress internal troubles at the behest of the Japanese government. Under the terms of this pact, the United States became the mainstay of

Japan's defense (Allinson 1987).

Despite the signing of San Francisco Peace 'Ireaty, the presence of American troops in Japan remained because America stationed its military base in Japan. So, the American Occupation ended without approving proposals which aimed to legally control prostitution In general, GHQ-SCAP did not formally direct the Japanese government to pass a national law that criminalizes prostitution. However, even if the GHQ-SCAP officials had ''formally'' ended their intervention to the prostitution problem in postwar Japan, GHQ-SCAP's initial directives on prostitution (such as SCAPIN 642) produced ambiguous effects (abolished licensed prostitution system but tolerated streetwalking and reorganization of licensed brothels to special drinking and eating shops), and created major shifts in the Japanese prostitution system. These changes also led to the continued struggle with the prostitution issue in Japan.

Even without the formal intervention of GHQ-SCAP, Japanese society struggled with the multi-faceted aspects of prostitution before the passing of the Japanese Prostitution Prevention Law in 1956.

Summary

In the last stage of the Occupation, GHQ-SCAP officials (both from civil and military sections) continued to struggle with prostitution in their policy making. The legal control of prostitution (especially solicitation of American troops) caused conflict among different section officials and continued struggle within the GHQ-SCAP. Although the legal control of prostitution was not a new issue to the GHQ-SCAP officials anymore, during this stage of the Occupation military officials struggled with great effort in recommending proposals and convincing other GHQ-SCAP officials to legally prohibit prostitution

However, the Occupation ended without GHQ-SCAP approving these proposals, and eventually not totally suppressing prostitution The GHQ-SCAP did not intervene formally in the policy making of prostitution until the Occupation came to an end. But GHQ-SCAP released informal and verbal orders

&elated with prostitution measures) and allowed the Japanese government officials to decide among themselves legal measures that prohibited prostitution.

(1) What were the issues (old or new) that GHQ-SCAP officials had to face during the last stage of

95 the Occupation? Did they continue to struggle with the prostitution issue? As part of the "reverse course," the outbreak of the Korean War had a great impact to GHQ-SCAP's policy making on prostitution in the last stage. The militaIy officials had to deal with the solicitation of Occupation troops by Japanese women near militaIy establishments. This issue had been discussed in the GHQ-SCAP since the start of the

Occupation, but the issue aggravated during the last stage after the Korean War. Since a great number of

US soldiers came to Japan who were later dispatched to Korea, many streetwalkers concentrated their solicitation near militaIy camps. This made militaIy officials to be anxious about the spread ofVD among their soldiers, whom they had to protect in order to maintain healthy troops ready for combat. The militaIy officials blamed the women who solicited US troops.

This issue led the militaIy officials to recommend a series of proposals aimed to regulate streetwalkers, or revisions of previous procedures that would prohibit solicitation among troops to curb

VD. The officials used the terms ''Prohibition against solicitation," "Control of Prostitution," "Repression of

Prostitution," "Control of Solicitors and Streetwalkers," Solicitation of Troops for purposes of prostitution, etc. The proposals ranged from recommending a revised procedure in regulating solicitors near militaIy installations (eg. within 5-mile radius) through stricter police patrol and cooperating with the Japanese authorities to an issuance of a Cabinet Order under the Potsdam Declaration designed to prohibit solicitation by prostitutes or panderers to Occupation personnel The proposals reflected desperate attempts of the militaIy offi.cials to solve the VD and prostitution problem. The officials should have realized that if solicitation among troops near militaIy camps would not be controlled, the VD rate among troops would increase, and this would affect US military's strategy and operations in the Korean War.

Another effect of the issue on solicitation of Occupation troops was that for the first time, military officials did not have a unified consensus whether to pursue proposals that would prohibit prostitution or not. There has not been a study which discussed this aspect yet. In the latter part of 1950s, two military officials (Captain Reid and Major Barnes of the Provost Marshal's office) opposed the proposals that recommended a Potsdam Ordinance prohibiting prostitution. The two militaIy officials considered other factors which worsened the prostitution issue; (a) the disorderly conduct and breeches of discipline by the

Occupation forces, and their involvement in activities such as black market, rape and absenteeism; (b) the possible consequences (mainly "unfavorable" effects) of enforcing provisions from the proposed Potsdam

Ordinance, particularly the procedure of arresting women suspected to have infected with VD, and those who regularly engaged in prostitution; (c) the Occupation officials' representation of Japanese people's

96 tendency to tolerate licensed prostitution, and (d) the multifaceted nature of prostitution if analyzed from the different actors involved, especially the unrontrolled association of American soldiers to women and vice versa. The non-roncurrence with the prohibition of prostitution by these two military officials indicates a change in the way military officials rommonly viewed prostitution (to punish the women who solicit American soldiers only, and not to prohibit the soldiers from associating with these women). The two military officials pointed to the actual rondition of prostitution, and the participation of the different actors involved in the issue. They showed that prostitution is caused by inter-related factors.

(2) Did GHQ-SCAP officials rontinue to use "cultural discourses" to back up their arguments? How do the discourses used in the last stage differ with "cultural discourses" discussed in the previous stages?

In a desperate attempt to ronvince GHQ-SCAP's civil section officials (eg. Government Section), an official from the Provost Marshal used "cultural rommonalitY' discourse (which pointed the rommonality between the Japanese and American people's tendency to tolerate segregated or licensed prostitution while opposing streetwalkers) in order to back up an argument that prohibits solicitation among US troops. In romparison with the "cultural superioritY' (in the first stage of the Occupation) and "cultural relativitY' (in the serond and last stage of the Occupation) discourses used by civil section officials to either back up arguments that promoted democratizing Japan, or opposing proposals prohibiting prostitution), the "cultural rommonalitY' discourse was used by a military official in a different way in the last stage of the Occupation. He used this discourse to enrourage the prohibition of solicitation of

Occupation troops for prostitution. This indicates that different "cultural discourses" rould be used by different GHQ-SCAP section officials in varied rontexts and periods to pursue their own goals and interests. The demonstration of varied ways GHQ-SCAP officials used "cultural discourses" was not showed or discussed in any studies yet, even Koikari's (1989) and Pharr's (1987) study.

(3) How did GHQ-SCAPs policy making on prostitution ended? Are there unresolved issues &elated with prostitution) left at the end of the Occupation? The Occupation ended without the GHQ-SCAP formally directing the Japanese government to legally prohibit prostitution. GHQ-SCAP did not approve any of the proposals that aimed to prohibit solicitation of Occupation troops only. An analysis of

GHQ-SCAPs civil section officials' (PH&W and Government Section) non-roncurrence stance with the prohibition of prostitution (especially solicitation of Occupation troops), shows that civil section officials became more cautious not to formally impose directives which would incite opposition from the Japanese public. These sections used a lesser intrusive and indirect approach in dealing with the issue. In

97 particular, the Government Section became consistent with its non-concurrence stance with the proposals

prohibiting prostitution (by punishing women or solicitors only). The main reasons cited by the

Government Section's non-concurrence stance were: (a) cultural dlfferences between America and Japan

in terms of how the people in both countries view prostitution (cultural relativity discourse); (b) fear for

possible protests or opposition from the Japanese public. GHQ-SCAP offi.ci.als realized the effects of

imposing two different policies (abolition of licensed prostitution as an ideal policy, and the compulsory

arrest of women suspected with VD as a practical measure) provoked the Japanese people to protest

during the initial stage of the Oreupation. The Government Section became more cautious not to impose

direct measures which would incite criticisms or protests from the Japanese public.

On the other hand, the military officials who did not concur with the proposals prohibiting prostitution also considered the (c) multifaceted nature of prostitution especially in considering the uncontrolled association of Oreupation soldiers with the Japanese women who were either prostitutes or non-prostitutes, and vice versa. GHQ officials also realized that (cO it was difficult to implement a

Potsdam ordinance aimed to criminaIize prostitution. (e) From the medical point of view, the VD rate among American troops went down in the early 1950's due to the availability of penicillin. GHQ-SCAP officials might have also thought that the "availability of penicillin to treat VD especially among their troops would eventually solve the health or medical aspect of the prostitution problem. Thus, complete abolition of prostitution would not be needed both for the protection of their troops and regulating the women who solicit troops for prostitution. (0 The number of ''Local by-laws on the control of public morals" also increased in 1951. This indicates that the Japanese police and local government's legal efforts to suppress prostitution were reinfol'red.

The above-mentioned factors considered by GHQ-SCAP offici.a1s in opposing the proposals prohibiting prostitution, especially solicitation among US troops indicate that GHQ-SCAPs policy making on prostitution became a complex and challenging experience for both the civil and military officials, as they attempted different means and approaches in dealing with prostitution issue. Since they were aware that they could not totally control prostitution, at least their policies were aimed at the

"controllable" aspect of the issue. At the end of the Oreupation, the availability of penicillin "saved"

GHQ-SCAP officials from having to deal with a wide-range of problems associated with prostitution, in a crucial period when GHQ had to maintain good relations with Japan as an ally (military base) during the

Korean War.

98 Conclusion

GHQ-SCAP's prostitution policies were shaped by various forces and oonsiderations such as the different actors, various events and other multifaceted factors. Thus, their policies can be analyzed using an interdependence of various ooncepts (patriarchal relations, power inequality, ''human sexuality," socio-eoonomic deprivation, cultural differences, health and legal oonsiderations, etc) as well. It is important to examine prostitution because it is ooeval with society, and it has beoome one of the most oontroversial issues of our time. In examining GHQ's policy making on prostitution, it was shown that

GHQ-SCAP officials had to deal mainly with a multifaceted phenomenon that involves the complex nature of human beings (the association of US soldiers both officials and enlisted men, and Japanese women both prostitutes and non-prostitutes), dynamic relationship between an O

The Occupation officials' struggle with prostitution can be observed as the Occupation advanced. At first, the GHQ-SCAP officials were only ooncerned with the proliferation ofVD among their troops. They released directives that aimed to improve Japan's medical and public health system. But they found out that these VD measures failed to curb VD among the Japanese public and their own soldiers. So they started to look at VD problem not as a medical or health issue but from the perspective of Japan's socio-cultural system. They began to attribute the cause of VD problem from Japan's long history of licensed prostitution system, and released directives aimed to deal with this aspect of the issue. But as the Occupation progressed, GHQ-SCAP officials realized that the issue oould not be solved by any medical, legal and socio-cultural means. For example, the GHQ-SCAP officials thought that they oould solve one problem associated with prostitution (such as indiscriminate round-up of women suspected as streetwalkers to curb VD), but some aspects related with the issue would create new problems (such as criticism against the indiscriminate round-up of women as infringement of human rights). Thus,

GHQ-SCAP's policy making on prostitution became a oomplex and challenging experience. The distinct features of GHQ-SCAP's prostitution policies from the start till the end of the Occupation period are summarized as follows.

In the initial stage of the Occupation, the significant feature of GHQ-SCAP's policy making on prostitution was its inoonsistency and ambiguity due to internal oonflict in GHQ-SCAP. Occupation

99 officials released policies which were radical and punitive in nature (such as abolition of lioonsed prostitution). GHQ-SCAP officials (especially from the civil sections) held up Western ideals of democracy in imposing radical and reformist policies on prostitution. On the other hand, military officials were driven by practical goals to deal with VD problem as a health issue involving their troops. Right from the start of the Occupation, differenoos between the civil and military officials' goals were already demonstrated. When the VD incidenoo rate among their troops went up, GHQ-SCAP officials had to devise measures to curb VD. But when their VD policies failed to stop the incidenoo ofVD, GHQ-SCAP officials started to look at the cultural aspect of the issue by relating VD problem with prostitution.

GHQ-SCAP officials used cultural discourses in their arguments to back up proposals aimed to prohibit prostitution. They represented the Japanese society as "feudalistic" and "inferior" (particularly the lioonsed prostitution system as a practioo of debt bondage), when oompared to the Western or American social, moral and cultural standards. The GHQ-SCAP officials also represented their own cultural and social norm as "superior," in order to legitimate their radical directives of abolishing lioonsed prostitution.

The abolition of lioonsed prostitution produood ambiguous and opposing effects. Even if the lioonsed brothels were prohibited, the measure did not stop prostitution. GHQ-SCAP officials also did not direct the Japanese government to stop the reorganization of lioonsed brothels into special bars and cafes, and the segregation of these new forms of brothels in red-line districts. While women on the streets suspected as prostitutes were indiscriminately arrested due to military officials' fear of VD infection among US troops. The prooodure of arresting women incited protests from Japanese human rights' groups. Then,

GHQ-SCAP officials faood a dilemma whether to pursue (I) GHQ-SCAP's idealistic aim to reform and democratize the Japanese society or (2) the practical aim to protect Occupation troops from VD. The struggle with prostitution in the initial stage of the Occupation shows oonflicts of interests among the different GHQ-SCAP officials.

In the middle stage of the Occupation, the prominent feature of GHQ-SCAP's policy making is its indirect intervention and lesser punitive approach in dealing with the prostitution issue. The "reverse oourse" brought a major transition in the GHQ-SCAP's approach from being radical and reformist to being indirect and informal in their policy making on prostitution. From the experienoos and lessons learned in the initial stage of the Occupation, the GHQ-SCAP officials started to look into the facts and actual situation of prostitution (not only the prostitutes' oondition but even the way Japanese people viewed prostitution) by oonducting surveys and investigations. The GHQ-SCAP officials also released

100 disciplinary measures such as the "abstinence policy" to their troops. The indirect interference of

GHQ-SCAP was also evident in allowing the Japanese government to pass laws (such as the VD

Prevention Law) and local ordinances on prostitution. In short, the GHQ-SCAP officials let the Japanese

government deal with the prostitution issue especially in deciding for formal regulations and laws.

In the last stage of the Occupation, the oonflict between civil and military officials in dealing with the issue "solicitation among troops" became worse. The outbreak of the Korean War led to this oonflict. The great influx of American troops in Japan (who were later dispatched to Korea) made women to ooncentrate their solicitation near military bases. Since the military officials were ooncemed about VD problem, they reoommended a series of proposals aimed to prohibit solicitation among US troops. But the civil officials were ooncemed with GHQ-SCAP's image and ideal goals only. They became more cautious in releasing directives which would provoke opposition from the Japanese public. They became oonsistent with their non-concurrence stance with the prohibition of prostitution. The oonflict between civil and military section officials which produced non-oonsensus in their prostitution policies reached its peak.

With regards to the more ooncrete questions posed in the Introduction, the findings are summarized as follows:

(1) In what ways did the American military officials view the Japanese people as "peculiar and inferior" during the pre-Occupation period? Why did they view the Japanese people in such ways? In addition to Koikari.'s (1999) findings,226 the historical background on American military officials preoonceived notions on Japan show that they already viewed Japan as "feudalistic" (due to a long history of feudalism in Japan), "peculiar" and ''brutal:' These views also stem from the American military men's feelings of hatred towards Japan as their enemy in war. The military men also portrayed the licensed prostitution and the roles of geishas as something acceptable, or a oommon practice in Japan prior to the

Occupation. These oonceptions ascertained the relation between these pre-Occupation oonceptions on

Japan and the way GHQ-SCAP officials viewed Japan and the prostitution issue during the Occupation period. Before the Occupation, the military men already portrayed a negative image of Japan's licensed prostitution system by believing that the practice is a form of debt bondage. During the Occupation, one of the arguments used by GHQ-SCAP officials in abolishing licensed prostitution (eg. to democratize Japan and to free women in the licensed brothels) reflected a strong disfavor with the licensed prostitution system of Japan.

101 The historical background also shows that America already had an ambiguous and opposing VD and prostitution policy (the regulation of women in the brothels and prohibition of solicitation of soldiers near military base while tacitly tolerating their troops' sexual behavior by providing them facilities and medical kits to curb VD) prior to the American Occupation of Japan. The ambiguous prostitution policy and the struggle of American military officials with prostitution before the Occupation period can be traood from the history of prostitution in America sinoo the Victorian Era. This Era showed how two opposing groups debated on the issue: (I) the abolitionists who pursued ideal aims of resolving prostitution through moral purification and spiritual teachings; and (2) the regulationists who were more concerned with the practical aspect of the prostitution by controlling VD and regulating prostitution-related crimes.

The history of prostitution in America shows that even after the Victorian Era, the way American society viewed prostitution has not changed. The struggle with prostitution by the American officials

(both in the government and military) continued in the WWI and WWII as shown in the American Plan experienoo. The conflict between civil officials in the planning/poliCY making group and military leaders in the battle field was continued, as these different officials faood a dilemma whether to pursue idea1isti.c goals by imposing moral standards or practical goals to curb VD among their troops during the American

Occupation of Japan. Looking at the history of prostitution in America, prostitution as a complex issue was demonstrated not only in the way prostitution was debated in mainland America, but even how

American decision makers (GHQ-SCAP officials) dealt with the issue in Japan, its Occupied nation.

There is a relation on how American military men conceived Japan prior to the Occupation, and how they drafted their prostitution policies and eventually how they came up with ambiguous policies on prostitution during the Occupation period.

By providing information on how the GHQ-SCAP works, the dominant role played by US

(particularly, the Supreme Commander MacArthur himself) and the roles of various section officials (civil and military) of GHQ-SCAP who actively took part in the overall decision-making of SCAP was known.

The officials and staffs had different backgrounds and interests, and they did not always agree in proposing or approving policies and directives. In the case of prostitution policy making, the internal conflict within SCAP occurred not only between a civil and military section, but even within one section

(eg. military section at the end of the Occupation). GHQ-SCAP also worked under pressure from the US government in Washington, thus, their policy making was also influenood by the politicians and

102 lawmakers in the mainland. In addition, the Occupation officials also worked hand in hand with the

Japanese government authorities in approving proposals and directives. So, the policy making on

prostitution became a complicated process as different actors participated and there were different factors

to be considered as well

(2) What were the various types of discourses used by GHQ-SCAP officials and staffs to back up their

arguments in the policy-making on prostitution? Were there changes in the use of various discourses by

the different GHQ-SCAP officials and staffs from the beginning till the end of Occupation? If there were

changes, what were the factors which led to these changes? With regards to the use of "cultural

discourses" by different GHQ-SCAP officials in presenting their views and arguments on prostitution,

Koikari's study (1999) discussed the use of cultural specificity and cultural superiority discourses by

GHQ-SCAP officials to back. up their arguments in proposing refornrist policies on prostitution during the

early stages of the Occupation.

However, this study found out that various GHQ-SCAP officials used different types of cultural

discourses (not only cultural specificity and superiority) to back. up their arguments in the policymaking

on prostitution from the start till the end of the Occupation The use of cultural discourses shifted from

one type to another depending on the different goals and interests, events and priorities of the officials

within a particular stage of the Occupation However, there was also a case when a single cultural

discourse was used by different GHQ-SCAP officials to pursue two opposing goals. This study shows that

different "cultural discourses" were used by different GHQ section officials in varied contexts and periods

to pursue their own goals and interests. The demonstration of varied ways GHQ-SCAP officials used

"cultural discourses" was not showed or discussed in any studies yet, even Koikari's (1989) and Pharr's

(1987) study. There were diverse factors which led to the shifts in using "cultural discourses" by

GHQ-SCAP officials as the Occupation progressed.

In the initial stage of the Occupation, there were three cases of how GHQ-SCAP officials used

"cultural superiority" discourses to back. up their argument in proposing prostitution policies. The first

two cases were used by civil section officials who based their representation of the Japanese culture from

the stereotyped images of Japanese society which they held even before the American Occupation in

Japan. They tried to ideally reform the Japanese society whom they perceived as "feudalistic" aexx>rding

to the Western standards of democracy. But the civil officials only focused on the preconceived images of

103 Japan, they did not look into the real and actual condition of the Japanese people after WWII, a period of worse economic situation. The third case used "cultural superiority" discourse but in a different context as what Koikari (1999) had presented. Military commanders proposed a legislation prohibiting prostitution by arguing that "it was the trend in democratic nations:' The military officials used "cultural superiority" discourse not to back up an ideal aim to end licensed prostitution, but to back up a practical goal which is to prohibit prostitution and curb VD among their troops.

The civil section used a "cultural superiority" discourse to pursue an ideal aim to end licensed prostitution in Japan. While the military commanders used "cultural superiority" discourses to back up their arguments in pursuing a practical goal which is to prohibit prostitution and curb VD among their troops. The cultural discourses such as "cultural superiority" discourse were used in different contexts by the different GHQ-SCAP officials to back up their arguments in proposing directives that will pursue their own interests. This finding is an addition to Koikari's (1999) simple analysis on the representation of

Japan as inferior and America as superior by the GHQ-SCAP officials, in order to legitimize their intervention into the Japanese ways of doing things.

In the middle stage of the Occupation, a change in the use of "cultural discourses" by GHQ-SCAP officials was observed., from using "cultural superiority" discourse in the initial stage of the Occupation to

"cultural relativity" discourse. For example, when the anti-prostitution bill was submitted to the Diet in

June 1948, Legal Section officials referred to cultural differences to back up their argument that did not concur with the anti-prostitution proposal. By citing the differences between Japanese and American moral standards (the Japanese people do not regard prostitution as unethical, which was viewed by

GHQ-SCAP as different from American people's stance on the moral implications of prostitution), the

Legal Section perceived the Japanese culture as peculiar and preferred not to impose Western. moral norms. The Legal Section officials let the Japanese government decide whether or not to pursue legal measures relating to prostitution. This suggests a more indirect and less intrusive approach in treating the prostitution issue. The change in using cultural discourses by the GHQ-SCAP officials occurred after

Occupation took a "reverse course." Furthermore, during the middle stage, the GHQ-SCAP started to look into the real condition of the prostitution issue by conducting investigations. Thus, they should have become more cautious in directing formal measures related with prostitution.

In the ·1ast stage of the Occupation, one case shows a military official used "cultural commonality" discourse (which pointed the commonality between the Japanese and American people's tendency to

104 tolerate segregated or licensed prostitution while opposing streetwalking) in order to back up an

argument supporting proposals aimed to prohibit solicitation among US troops. In a desperate attempt to

convince GHQ-SCAP's civil section officials (eg. Government Section), an official from the Provost

Marshal used "cultural commonality" discourse. In comparison with the "cultural superiority" (in. the first

stage of the Occupation) and "cultural relativity" (in. the second and last stage of the Oreupation)

discourses used by civil section officials to either back up arguments that supported proposals promoting

Japan's democratization, or non-concurrence with proposals prohibiting prostitution, the "cultural

commonality" discourse was used by a military official in a different way. The military official used the

"cultural commonality" discourse to encourage prohibition of prostitution, after solicitation of troops by streetwalkers became concentrated near military camps. The representation of Japanese society and its people became an important aspect of GHQ-SCAP's policy making on prostitution. This was evident in the varied ways cultural discourses (cultural superiority, cultural relativity, and cultural commonality) were used by different section officials of GHQ-SCAP to back up their prostitution-related proposals in different contexts to pursue their own interests and legitimize their intervention to the prostitution issue in Japan during the American Occupation.

(3) What are the outside constraints or factors which produced multiple facets of struggle among

GHQ officials in their policy making on prostitution? How did the different section officials of GHQ-SCAP deal with the old and new issues, or issues which had direct and indirect relation with the policy making on prostitution? The struggle of GHQ-SCAP officials with the policy making on prostitution was mainly caused by factors which were directly related with the prostitution issue such as: (a) US military official's preconceived notions on Japan as feudalistic and inferior; (b) opposing goals of GHQ-SCAP to democratize

Japan (an ideal goal) and to curb VD among their troops (a practical measure); (c) the complex and bureaucratic structure of the GHQ-SCAP and the different actors involved in the prostitution issue.

However, there are also outside constraints" or factors which were indirectly related with the prostitution issue, but had influenced the way GHQ-SCAP drafted their policies on prostitution. The different section officials of GHQ-SCAP struggled with the old and new issues (directly or indirectly) related with their policy making. These outside constraints should be considered in examining

GHQ-SCAP's policy making in order to show how these outside constraints shaped GHQ-SCAP's policies on prostitution. For example, (d) the effects of "reverse course" or the shift of GHQ-SCAP's overall

105 management policy in the middle stage of the Occupation. The "reverse course" brought a major transition in GHQ-SCAP's policy making on prostitution from a direct imposition of radical directives in the initial stage, to a lesser intrusive and informal intervention into the prostitution issue in the middle and last stages of the Oocupation.

In relation to the "reverse course," the (e) outbreak of Korean War caused the military officials to recommend a series of proposals that would prohibit prostitution (especially the solicitation of US troops by Japanese women) near military establishments. Although the "solicitation of Oocupation troops near military establishments" was an issue which already existed since the start of the Oocupation, the issue caused intense conflict among GHQ-SCAP officials in the last stage. The military officials became very anxious about the spread of VD among their soldiers when many streetwalkers concentrated their solicitation to American soldiers near the military camps after the outbreak of Korean War. The military officials should have realized that if solicitation among troops near military camps would not be controlled, the VD rate among troops would increase, and this would affect US military's strategy and operations in the Korean War. The impact of these two "outside constraints" explains why the civil section officials did not approve proposals aimed to prohibit prostitution, even if the military officials were persistent in their aim to prohibit prostitution especially solicitation among US troops.

Despite the desperate attempts of military officials to pursue proposals aimed to prohibit prostitution

(especially solicitation of US troops), civil section officials became firm in their opposition to military officials' proposals. Since the civil section officials were concerned more about GHQ-SCAP's image as

"agents" of democratizing Japan, they became more cautious not to formally impose directives which would incite opposition from the Japanese public. On the other hand, some military officials were also against the legal prohibition of prostitution. These military officials thought that it would be biased if they would blame the women who solicit US troops only. They also considered the roles of their troops by pointing to the "uncontrolled" sexual misbehaviors of US soldiers, and the diffi.culty of implementing a

Potsdam ordinance aimed to criminalize prostitution.

When penicillin was made available not only to the US soldiers but also to the Japanese public during the early 19508, VD rate among US troops eventually went down. Furthermore, several local ordinances which controlled prostitution were passed in 1951 by the Japanese government. Thus, GHQ

-,SCAP officials must have thought that the legal prohibition of prostitution (especially solicitation of US troops) would not be needed anymore, both for the protection of their troops and regulation of women. The

106 availability of penicillin and existence of several local ordinances "saved" GHQ-SCAP officials from having

to deal with the multifaceted issues related with prostitution, especially in a crucial period when GHQ

-SCAP had to maintain good relations with Japan as an ally (military base) during the Korean War. With

all these events and factors that the GHQ-SCAP officials had to deal with, they should have realized that

they could not totally prohibit prostitution. And the American Occupation ended without the formal

intervention of GHQ to approve proposals aimed to prohibit prostitution.

In conclusion, GHQ-SCAPs policy making on prostitution demonstrates an interesting case of how

the "conquerors," or "oocupiers" (dominant group) struggled and dealt with multifaceted issues related with prostitution. This dissertation showed that even if an Occupier (such as America) had possessed an enormous political, economic, military power over the oocupied nation Japan (in fact, they took advantage of this power imbalance to pursue their own goals and interests), they were not able to solve the multifaceted issues associated with prostitution. The American Occupation experience tells us that

GHQ-SCAP was not able to completely abolish prostitution through any (medical, legal and socio-cultural) means. Thus, the Occupation officials tried to solve the various issues associated with prostitution by drafting policies within their limits. The comprehensive examination of GHQ-SCAPs policy making help us to understand that since prostitution mainly involves a wide-range of actors and factors ("uncontrollable association of US troops and Japanese women, power imbalance between

American and Japan, internal conflict within GHQ-SCAP, health problems, cultural differences, historical precedence, etc), we should also look at prostitution from an interdependence of various concepts (patriarchal relationship, power inequality, ''human sexuality," socio-economic deprivation, cultural, historical, health and legal concepts, etc.).

GHQ-SCAP officials had to consider different actors, various events and factors related with the prostitution issue. For example, American military officials had to deal with their preconceived notions on

Japan as "feudalistic" and "inferior." They also had to deal with internal conflicts in GHQ-SCAP, and other "outside constraints" (such as the "reverse course" and the outbreak of Korean War, and other local and national issues both in Japan and in the mainland US) in their policy making. These multifaceted issues helped shape GHQ-SCAPs policies on prostitution which produced ambiguous and opposing effects to the prostitution system of Japan.

Even if the Occupation ended, the struggle with prostitution continues as demonstrated in Japan or in the US (and anywhere in the world). As an example of the continued struggle in Japan, it took 8 years

107 (since its first submission to the Diet in 1948) for the Anti-prostitution bill to be passed as the Japanese

Prostitution Prevention Law in 1956. The Japanese government officials, women's groups and women in the commercial sex industry struggled in the process of passing this law. One of the effects of

GHQ-SCAP's policies on prostitution is the revival and proliferation of "unlicensed prostitutes" and reorganization of licensed brothels into the red-line districts. The presence of US militaIy bases in

Okinawa and Yamaguchi prefectures had created social base of prostitution and provided a network for sex work to continue. When there are militaIy bases, there are also R&R spots for the militaIy men. This indicates a demonstration of organized and institutionalized form of commercial sex. Although even to this day, there are still unresolved issues (eg. rape and sexual offenses committed by some US military men to Japanese women and girls) associated with the US military and sexuality or prostitution, it is hoped that this dissertation provides a starting point or a better understanding of what happened during the American Occupation (a crucial and significant period when transformation in the Japanese prostitution system occurred), when we think about the history of prostitution in Japan, or generally prostitution as a contemporary and global issue.

108 Notes

1 If analyzed from the position of women, some people think that prostitution is an act of violenre against women, while others perceive that prostitution is just another furm oforeupation.

2 From the position of clients (men), Puno (1987) noted that "although societies attempt to strengthen the family by channeling the human sex drive into expression in marriage, not everyone rereives sexual gratification within marriage. Prostitution flourishes by satis1Ying this end-and that, incidentally, is why it never can be entirely eliminated Prostitution especially provides a sexual outlet fur men who: (1) have difficulty in establishing sexual relationships

3 Hyam (1990) distinguished broadly two types of prostitution: (1) rontractual and (2) non-rontractual prostitution. He added that non-rontractual was basi.caI1y the Western furm while rontractual was prominent in the East "Non-rontractual prostitution in turn may be either entrepreneurial or subsistenre prostitution; that is, organized or unorganized, with prostitutes subdivided into 'known' prostitutes and 'clandestines.' The latter operated independently, and were more likely driven to it as a means of survival rather than of making money (unlike their more professional sisters, run by entrepreneurs). These furms were more benign than rontractual prostitution, which often enough approximated to quasi-slavery. It is important not to make generalizations about prostitution which take no acrount of these differenres. In any case, within these broad categories, the forms of prostitution were numerous. They included brothel inmates, prostitutes run by pimps (with aroess to brothel premises), loners using their own homes, temple prostitutes, amateur clandestines. Some women were chosen inside brothels, others sat in windows or verandahs, others walked the streets" (Hyam 1990: 138).

4 Although studies show that different rountries devised various measures to rontrol prostitution, "an e:ffuctive policy remains an open question in many societies. Is there a single policy that works, policymakers seem to be asking. Crim;nal;zation, decriminalization, legalization, abolition, toleranre, intoleranre, permissiveness, restrictiveness, quotas, free trade, none work well fur long" (Davis 1993).

5 In the ''Trafficking in Persons Report 2004" (prepared by the US Department of State) which aims to monitor foreign government's effurt to rombat human trafficking, Japan was evaluated in the ''Tier 2- Watch list" (rountries whose governments do not fully romply with the US Trafficking VIctims Protection Reauthorization Act of 2003/ TVPRNs minimum standards but are making significant effurts to bring themselves into romplianre with those standards. The TVPRA strengthens the tools US law enfurcement authorities use to prosecute traffickers and enhanres assistanre to victims of trafficlcing.

6 In this dissertation, the abbreviation GHQ-SCAP is used not only to refer to the title of MacArthur as the Supreme CommandeJ; but it also refers to the different sections (both civil and military) which romposed the organization of the American Oreupation as a whole. Although I only used "GHQ's policy making on prostitution" in the title of this dissertation, ''GHQ'' in this sense would also refer to GHQ-SCAP.

7 "Law fur the Prohibition of Prostitution," A letter addressed to Commander Hussey. January 26, 1946. Microfiche sheet no. GS (B) 01660, SCAP Rerords, National Diet Library, Tokyo Japan (All SCAP Rerords noted in this section were obtained from the National Diet Library, 'Ibkyo Japan).

8 Iwan Bloch was a Berlin dermatologist, who proposed the new ronrept of a scienre of sexuality. In 1906, he wrote 'The sexual life of our time," a romplete encyclopedia of the sexual scienres in their relation to modem civilization (See Bloch, 1909).

109 9 Occupation Forces composed of the United States furres of United States Army Forres PacifirJ USAFPAC which later became Far Eastern Commission (FEC) stationed in Japan and the British Commonwealth Occupation Forres (GHQ-SCAP 1990, vol 2: 18)_

10 These senses of racial and moral superiority were "inescapably national in their origins" (Burton 1994: 37-39)_

11 In most of feminist literatures, "the theme that women were the mothers of raoo, that they possessed as much if not more racial responsibility as men and so deserved equal power in the 'councils of the nation''' (Burton 1994:48).

12 Burton explained that in feminist rhetoric women, ''long assumed to be the moral guardians of the nation, became the saviors of the raoo at a time when British racial supremacy was thought to be at stake" (Burton 1994)_

13 Dower also examined how the Americans/Allied Powers were portrayed in the Japanese public culture and fuund out that the Japanese came to portray the Allied Powers as demons_ ''This latter stereotype was the dominant metaphor in Japanese propaganda against the enemy during WWIT' (Dower 1986)_

14 The list of American anthropologists would include Geoffrey Gorel1 Gregory Bateson, Margaret Mead, Ruth Benedict, Alexander Leighton, and Morris Opler (Johnson 1988: 5)_

15 In presenting American people's opinions on Japan and its people, Johnson (1988) summarized and analyzed some of the events that have molded Americans' view of the Japanese from the 1940's till the 198O's_ Johnson concluded that "Americans have thought of the Japanese as warlike and cruel, as charming and artistic, as business-oriented and clever' (Johnson 1988:163) within the 40 yearperiod. Johnson further explained that many of the reactions of Americans are "situational-they are responses to immediate acts and circumstan~' (Johnson 1988:8), and that "these attitudes coexist in the United States, sinoo di:ffurent groups of Americans are drawing upon di1furent experienoos with Japan to furm their stereotypes" (Johnson 1988:I63)_ In other words, Johnson (1988) pointed out that the images of Japanese held by Americans were never constant or fixed. These images did not represent the opinion of the whole American nation. The images were molded by various events in the history, which also explains that these images vary on the age, sex, classes, etc. of the people who held these views_

16 The Civil Affairs Handbook was a study on geographical and social background of Japan. It was prepared fur the Military Government Division, Offioo of the Provost Marshal General by the Research and Analysis Branch, 0fJi00 of Strategic Services_ The purpose of the Civil Affairs Handbook was to "assist the Commanding General by quickly establishing those orderly conditions which will contribute most effectively to the conduct of military operations; and to create the conditions which will make it possible fur civilian agencies to function e:ffuctively." It also served as a ''ready referenoo sourre book containing the basic factual infurmation needed fur planning and policy making:' See: Army Servioo Forres Manual M 354-1, Civil Affairs Handbook - Japan (Section 1: Geographical and Social Background) July 1944_ Box No_ 9362, Folder title/number (11) Microfiche sheet no_ CAS (A) 06841, SCAP Records_

17 Embree (1945) conducted a sociological study on Japan as a nation during the WWll_ With regards to the American people's image of Japanese culture, particularly Japan as "feudalistic" during the pre-Occupation, Embree (1945: 3-4) noted that ''it is difficult fur an American to understand the nature of Japanese culture_ It is an Old-World Asiatic culture in contrast to the United States, a New-World, machine-age culture, with a population just now (1945, the year Embree's book was published) being fused into a single people_ The peasant background, the age-old traditions and cultural homogeneity characteristic of Asiatic and European nations alike are notably absent from modern America_ For these reasons one must frequently turn to reoontly industrialized Old-World European cultures such as Franoo and Germany fur meaningful comparisons with Japan, rather than to the immigrant-settled, machine-age culture of the United States_ Japanese feudalism had its earlier European parallel; the closeness offamily ties and arranged marriages of Japan can be fuund also in Franoo; the emphasis on the state as against the individual is as characteristic of Germany or Soviet Russia as of Japan. See also Embree (1946) fur a sociological study of a Japanese village called "Suye Mura," prior to the Occupation ofJapan.

110 18 CivilAffuirs Handbook, 1944, p. 68.

19 Ibid, p. 75.

20 Ibid, p. 76.

21 Ibid.

22 Ibid, p. 77.

23 Ibid.

24 Ibid.

25 Ibid, p. 78.

26 Ibid.

27 Ibid, pp.78·79.

28 Ibid, p. 79.

29 Shisho literally means private prostitutes, who were also called 'illegal" prostitutes or kakushihaijo, as mntraIy to women in the licensed prostitution house (Lie 1997).

00 In 1872, Peruvian ship, the Maria Luz, bound home from China with a cargo of rooIies, stopped at Yokohama fur repairs. While the ship was in port, one of the roolies escaped to a British war vesseL and mmplained. that while they had signed mntracts as roolie labm; they were in reality slaves being shipped fur sale in Peru. The captain of the British vessel handed the case over to the Japanese authorities. The Japanese Government, at the suggestion of representatives of foreign muntries, investigated the case, and roming to the mnclusion that the roolie mntracts were really slave mntracts, liberated the Chinese and sent them home. In his protest over the Japanese government decision, the captain of the Peruvian ship argued that since slavery existed in Japan, and since Japan permitted its citizens to buy and sell human beings in the geisha and prostitute traffic, it was unfuir of them to deny the same right to foreigners. While the entire affair had extensive international repercussions, and was ultimately settled through the good offices of the Imperial Russian Government, fur Japan, the explicit charge of human slavery in Japan mmpel1ed. the Government to take the action which eventuated in the ordinance of the same yeal: The stipulations of the Cabinet ordinance were emphasized within a few days by a Ministry of Justice ordinance, which specifically denied the right of claim fur nonpayment of money advanced on a prostitution mntract, and prohibited the use of adOption as a device fur circumventing regulations. Cited in the "Sw.vey Series: The Japanese People Look at Prostitution', June 1949; Box no. 5184. Microfiche sheet no. CIE W 00998, SCAP Rerords."

31 CivilAffuirs Handbook, 1944, p. 68.

32 Ibid, p. 70.

33 Ibid.

34 Cressey mnducted a soci.o1ogi.cal study of taxi. dance halls of Chicago in the early 1930s (Cressey 1932).

35 CivilAffuirs Handbook, 1944, p. 70.

36 Ibid, p. 72.

111 37 Ibid, p.73.

38 At the tum of the nineteenth centmy there was a movement that took pity on prostitutes in the US, and wanted to save them through religion. There were several organizations including the New York Female Reform Society (I>i.var 1973: 26) that offered he1p to them but only offered shelter to prostitutes ifthey wanted to repent and tum to religion (Bullough 1987: 245).

39 Dr. Sanger (1939) investigated the causes and effects of prostitution, supplemented his investigation by interviewing prostitutes in New York during the VIctorian era. He examined the identity of the average prostitutes who were in their late teens or early twenties, and were usually illiterate, pool; and from broken families. He found that the majority of prostitutes were driven by eoonomic poverty, societal disgrace, and lack of education as the main causes of girls turning towards prostitution. Having had a limited number of options available to them, the oonditions for women in the VIctorian period caused many young teenagers and women to tum towards prostitution as a means of survival

40 Fujime (2006:35) noted that regulation of prostitution through medical examination and registering of women who sold sexual seIVices was evident in European and American oountries and cities as a result of the experiences of Napoleonic and Crimean Wars and the American Civil War. The imperative of protecting military personnel from STDs propelled the development of licensed prostitution systems and their extension throughout the world.

41 Salvarsan was an arsenic-based oompound used to treat syphilis before the disoovelY of penicillin, was made available toAmerican soldiers during World War I Wujime 2006).

42 In Article 13 of the 1917 Conscription Law, the Secretaries of the Army, Navy and Air Force were empowered to ban the sale of sex in areas surrounding military bases ifthose officials deemed it necessary for the readiness, health, and welfare of the military.

43 Despite the VD-oontrol measures implemented by the US War Department during WWII, VD apparently remained quite a serious problem among the US forces stationed in Africa, the Middle East, and India. On September 25, 1942, Colonel Stanhope Bayne-Jones (Acting Director of Preventive Medicine, Division of Medical Corps) advised Colonel Lawrence Hanley

44 Ibid. p. 92.

46 FEC became the replacement of Far Eastern AdvisolY Commission (FEAC, an advisolY body oomposed of representatives of the 9 nations such as UK, China which fought Japan during the World War II which oonvened on October 30, 1945) was established in December 1945 (GHQ-SCAP 1990, vol. 2: 5-6).

46 Ibid, p. 6.

47 As a result of agreement of the major Allied Powers, the Chief of Staff; United States Army, notified Gen. Douglas MacArthur on August 13, 1945 ofhis appointment as Supreme Commander for the Allied Powers (GHQ·SCAP 1990, vol 2:1-2). The basic Occupation Directive inoorporated, elaborated and supplemented the principles of the Initial Post-surrender Policy, affirmed the Supreme Commander's authority over Japan (GHQ-SCAP 1990, vol 2: 3).

48 '!\vo additional homes were established to ooordinate American Occupation policies: I) the Far Eastern Commission (FEC), set up in Washington in late 1945, which was theoretically the highest policy-making organ for the Allied

112 Occupation; and 2) the Allied Council fur Japan, set up in 'lbkyo in the spring of 1946 with representatives of the US., the Soviet Union, China, and the British Commonwealth, to perform an advisory function. Sinoo neither of these bodies was active until early 1946, their influence was limited (Redford 1980: 11-15).

49 USAFPAC was an organization that included a Military Government Section (activated on August 5, 1945 in Manila) fur the purpose of handling military government-civil affairs matters under invasion ronditions during the World War IT (GHQ-SCAP 1990, vol 2).

50 Ibid, pp. 16-17.

51 Ibid, p. 17.

52 Ibid, p. 30. The Chief of Stafl; who represented both SCAP and FEC, performed the duties and functions that conventional military principles and practice recognized as pertaining to the position. As the principal coordinating agent of and adviser to the Supreme Commander, the Chief of Staff assured that both civil and military aspects of policy decisions were thoroughly considered. Deputy Chief of Staff fur SCAP coordinated and supervised all SCAP staff activities.

53 Ibid, p. 29.

54 Ibid, p. 20. British Commonwealth troops arrived in Japan February 13, 1946. The British Commonwealth Occupation Forces (BCOF) ronsisted of ground, naval and air components. These forces were integrated into the United States forces under the operational control of the major appropriate rommand. The BCOF commander had direct access to the Supreme Commander in matters of major policy affecting the operational capabilities of the Forces and direct communication with the British Commonwealth Joint ChiefS of Staff in administrative matters affecting the Force. The BCOF exercised military control in their assigned area but did not possess any direct responsiliility fur military government, which remained the responsibility of the United States.

55 Ibid, p. 18.

56 Ibid, p. 33.

57 Ibid, p. 8.

58 Ibid, p. 29.

59 Ibid, p. 39.

60 Ibid.

61 Ibid, p. 106.

62 Ibid, p. 107.

63 Ibid, p. 78-79.

64 Ibid, p. 57-66.

113 65 Ibid, p. 39'40. GS was assigned the functions of investigating and making rerommendations with respect tn the: (]) Relationship of civil government to military affairs directed toward demilitarization of the national government and all subordinate agencies; (2) Relationslrip of central government to subordinate governmental agencies or subdivisions fur the purpose of decentralizing the national government and enrouraging local responsibility; (3) Relationship of the Government and governmental agencies tn the people for the purpose of eliminating practices which prevent government by the people; (4) Relationship of government to business to eliminate those relations that tend to rontinue Japanese war potential and hamper the achievement of the objectives of the Occupation; (5) Relationship of the laws, policies, practices, procedures and other fuctors in governmental personnel administration to democratic precepts and the integrity and efficiency of administration fur the purpose of assuring ronfurmity to democratic precepts and a maximum rontribution to the integrity and efficiency of administration.

66 Ibid, p. 48.

67 Ibid, p. 49.

68 Ibid, p. 80-81.

69 Ibid, Appendix 4, B.

70 Ibid, Appendix 4, C.

71 Ibid, p. 100.

72 Ibid, 96.

73 In terms of political change, the sovereign power of the Emperor was transferred to the people in an attempt to depoliticize the Emperor's throne and reduce it to the status of a state symbol Another example of GHQ-SCAP's political reforms was Japan's demilitarization (Takemae 2(02). With regards to eronomic refurms, GHQ-SCAP abolished much of the financial roalitions known as the zaibatsu, which had previously monopolized industry (Schaller 1985). During the occupation, Japan's serondary education system was changed to inrorporate three-year junior high schools and senior high schools similar to those in the U.S.: junior high became rompulsory but senior high remained optional (Hood 2(01).

74 In April 1946, the first postwar elections were held, and women for the first time were allowed to vote and stand as candidates (Bailey 1996).

75 In addition to Koikari's study (1999), Lie (1997) also traced ''the concrete and romplex power relations that transgress polarized gender categories" in analyzing the prostitution issue in postwar Japan.

76 Pharr showed the US experiment with women's rights in Japan by exploring the bureaucratic politics within the Occupation administrative structure that gave rise to the radical experiment (Pharr 1987: 222). Pharr described that the acronym "SCAP was soon used to refer not only to the rommander himse~ but tn the romplex bureaucratic structure set up under him to guide the demilitarization and democratization ofJapan" (Pharr 1987:224).

77 The different acOOrs includes (]) the Japanese government officials (romposed of different ministries, Diet members who had different views and roncerns) who played important roles in the approval of directives and implementation of rules during the Occupation; (2) the Occupation forces who associate with women both in the brothels and on the streets; (3) the women (whether those in the licensed brothels or on the streets), many of whom "voluntarily" engaged into prostitution due to poverty, or as a furm of deviant behavior after the World War n; (4) brothel owners and pimps; (5) Japanese police and Military Police (Mp); (6) women's right, human right's group and other civil groups from both Japan and United States; and the (7) Japanese andAmerican people in general

114 78 The agenda for the occupation known as the 'Initial Post-Surrender Policy for Japan' and approved by President Truman on September 6, 1945, was sent to MacArthur without informing or oonsulting the allies. MacArthur was instructed to implement both punitive measures and democratizing reforms (Bailey 1996: 31-32).

79 Several studies on prostitution in postwar Japan such that of Okuda (2007), Tanaka (2002), Fujime (2006), Fujino (2001) and Blumlo (2004) examined the nature of foreign militaIy occupation focusing on the factors driving US policy with regard. to the sex industry.

80 This was reflected in the Potsdam Declaration which specified that 'The Japanese Government shall remove all obstacles to the revival and strengthening of democratic tendencies among the Japanese people." Likewise, United States policy requjred that the Japanese people should be encouraged to develop a desire for individual liberties and respect for fundamental human rights and to form democratic and representative organizations" (GRQ-SCAP 1990, vol 2:37).

81 Ibid..

82 Ibid.. p. 37-38.

83 SCAPIN 46. Microfiche sheet no. PHW 05006, SCAP Reoords.

84 SCAPIN 153. Microfiche sheet no. PHW 05006, SCAP Reoords.

86 Memorandum for the Reoord, Subject: System of Licensed Prostitution in Japan, December 11, 1945. Microfiche sheet no. PHW 01240, SCAP Records.

87 Memorandum for the Record, ''Subject: Prostitution in Japan: Contracts; Regulations; Public and Private Prostitutes"; PHW Section (Welfare Sub-section), Derember 29, 1945. Microfiche sheet no. PHW 01240, SCAP Reoords.

88 The International Palace was opened by the RAA in late 1945 for Occupation personnel only in Funabashi, between Thkyo and the neighboring city ofChiba. (Cohen 1987).

89 Memorandum for the Reoord, ''Subject: Prostitution in Japan: Contracts; Regulations; Public and Private Prostitutes"; PHW Section (Welfare Sub-section), December 29, 1945. Microfiche sheet no. PHW 01240, SCAP Records.

90 SCAPIN-642 Memorandum for: Imperial Japanese Government (AG 726.7,21 Jan 46). "Prostitution" from the CI&E SectionlInformation DivisionIWomen's Affi:rirs Activities, 1945-50, Box no. 5250, Folder no.12. Microfiche sheet no. CIE (A) 01641. SCAP Records.

91 Ibid..

92 The Rome MiIrisby Ordinance No.3 was issued on February 2, 1946 by the Japanese Ministry of Rome Affirirs, which ordered the prefectural government to take the following measures: (I) All regi.onallaws, ordinances and other enactments relative to licensed prostitution will be abrogated and annulled by February 20, 1946; (2) Concerning

115 licensed prostitution, all rontracts and agreements which have their object the binding or rommitting of any woman to the practice of prostitution shall be nullified; (3) As fur those special rontracts as debts and terms of servire, it is hoped that employers will be urged and Jed by the authorities concerned to dissolve those contracts of their own wilt (4) In carrying out the present measures, special care should be taken of supervising a third person who would oppress or interfure with individual free will (Home Ministry Ordinance No.3, Microfiche sheet no. AG (B) 01023, SCAP Records).

93 SCAPIN-642 Memorandum fur: Imperial Japanese Government (AG 726.7,21 Jan 46). ''Prostitution'' from the CI&E SectionlInfurmation DivisionIWomen's AfIirirs Activities, 1945-50, Box no. 5250, Folder no.12. Microfiche sheet no. CIE (A) 01641, SCAP Records.

94 Memorandum from the PHW Section (signed by Crawford F. Sams, Colonel Medical Corps and Chief ofPHW) to the Chief of Staff; Febrwuy 1946, Subject: "SummaIY of Venereal disease rontrol activities in the civilian population of Japan, September 1945 to Febrwuy 1946." Paragraph No.6, Microfiche sheet no. AG (B) 01023, SCAP Records.

95 LetteI; Subject: "Repression of Prostitution" from the GHQ-US Army Forces, Pacific addressed to Commanding General, Eight Army, APO 343; Commanding General, Pacific Air Command, US Army, Advanced Echelon, APO 935

96 Ibid.

97 When Japanese women attempted to set up the Women's Bureau, they received support from Helen Mears (1900-1989), the sole female member of the GHQ'SCAP Labor AdvisoIY Committee, who had rome to Japan in March 1946. Mears, a specialist on politics and eronomics, submitted a personal report to GHQ in June 1946, rerommending that GHQ create a women's affairs department both in GHQ-SCAP and in the Japanese government (Ogawa 1997: 63).

98 Ibid, p.72.

99 Quoted in Ogawa (1997), GHQ-SCAP, ESS, dated 14 June 1946, Microfiche sheet no. ESS (E) 00813, SCAP Records.

100 Quoted in Ogawa (1997). GHQ-SCAP, ESS, entitled ''Report on Formation of Women's AfIirirs Department in GHQ-SCAP," Microfiche sheet no. ESS (E) 01813, SCAP Records.

101 The Steering Committee of FEC was responsible fur organizing commission business and fur coordinating the functions ofthe various working rommittees handling special problems (GHQ-SCAP 1990, vol 2: 6).

102 For more infurmation on the drafting of Japanese Constitution with special reference to women's rights, see Gordon (2001).

103 Prostitution (File) Memo fur the Record: Alleged Maladministration ofVD Control by Japanese Police, JanllaIY 20, 1947. Microfiche sheet no. GS (B) 01660, SCAP Records.

104 Ibid. As quoted from the above document, reports tell that many of the women who have been subjected by the police to unwarranted detention and humiliating physical examination have been working women, picked up on their way home from legitimate employments. Unfurtunate1y, these reports have included charges that American

116 MP's have not only participated actively in these raids, but that their behavior toward the women at police station and hospital has contributed to the degrading features of the activity. Furthe!; when women have protested against being taken into custody, the Japanese police have shrugged off all responsibility on the ground that they are acting on orders from the Military Police.

105 Ibid.

106 In December 1946, a staff study on the problem of reducing the incidence of venereal disease was conducted by PH&W This section recommended that the Japanese Government be directed to enact a law prohibiting prostitution and its allied activities. This staff study was presented to the Chief of Staff on December 26, 1946 but was not Mally approved by the Government Section, on the basis that the policy of SCAP would not be to furce action on this matter by means of formal SCAP directives, but rather to explore fully the channels of inforinal approach {Summary report ofVD Control Activities in Japan, October 1945-Derember 1949, Microfiche sheet no. PHW 01141-42, SCAP Records).

107 Ibid.

108 Prostitution (File) Memo for the Record: Alleged Maladministration ofVD Control by Japanese Police, January 20, 1947. Microfiche sheet no. OS (8) 01660, SCAP Records.

109 A lette!; subject: Venereal Disease Control in Army Air Force PersonneL" July 5, 1947. Microfiche sheet no. OS (8) 01660, SCAP Records.

110 For more information on the protests against indiscriminate round-ups of women, see Koikari (1999: 323, 325). Koikari explained that "the humiliation of arrests and internal medical examinations imposed on 'innorent' women sparked visible resistance among the Japanese" led by middle-class and working class unionized women. Koikari added that "the arguments Japanese protestors directed to the American oo:upiers were couched in the class-based language of sexual respectability of 'innocent' women. The sexual regulation of 'unrespectable women' was never a concern for the Japanese protestors." This implies that the Japanese middle-class and working class women's groups protested only on the compulsoIy arrest of women who were mistaken as prostitutes. While the arrest of women who regularly or habitually solicit on the streets did not incite protests among the women's groups.

111 Bailey explained that "SCAP's obsession with transforming Japan into a bulwark against a perceived communist threat in Southeast Asia (especially after 1948, when the victol)' of the Chinese communists seemed ever closer), coupled with the Japanese conservative establishment's opposition to the democratizing reforms in the first place, meant that priority was now to be given to Japan's economic revival and the country's reintegration into the 'free world' as the loyal anti-communist ally of the United States" (8ailey 1996:53).

112 Panpans were unregulated streetwalker prostitutes who solicited American soldiers for sex. They appeared in the ''blue-line districts" or places where less tightly organized forms of prostitution OCCUlTed. The origin of the word ''panpan'' is obscure, although it was said to have been picked up by Americans in the South Seas during the war as a term for available women (See Dowel; 1999: 132).

113 These changes are referred to as "outside constraints" since these changes did not directly relate with the prostitution issue.

114 The Public Opinion & Social Research (PO&sR) Division originated from the Public Opinion and Sociological Research Unit which was established in the Analysis and Research Division of Civil Information and Education Section during the vel)' beginning of the American Occupation of Japan. The Unit was converted into a Division of the Civil Information and Education Section in October 1948. CHistol)' and Functions of PO&SR Division, Microfiche sheet no. CIE (D) 05247, SCAP Records).

115 Survey Series: The Japanese People Look at Prostitution', June 1949; Box no. 5184. Microfiche sheet no. CIE W

117 00998, SCAP Rerords.

116 The Legislative Assistant Attorney General is in·charged with the review and drafting of cabinet bills, etc. and cabinet orders. Draft of bills and cabinet orders for submission to a cabinet conference by various Japanese ministries and other agencies of government are reviewed, coordinated and integrated, where necessary; and given comments by the Legislative Assistant Attorney General's Office so as to serve as reference for decision of a cabinet conference. "Organization ofAttomey General's Office, Microfiche sheet no. LG 11662·63, SCAP Records.

117 Before the American Occupation, a long period of1icensed prostitution or regulated brothel system existed in Japan. Howevet; unlicensed prostitution was considered an offense. Compulsory round·up ofprostitutes was not practiced Medical examination for Venereal Disease was aimed only to those who committed unlicensed prostitution." (See ''Law for Execution ofAdministration/ Law 84 of 1900," Articles 2 and 3; Home Ministry Ordinance No. 16of1908). It was also the ro1e of the government agency or prefectural health department to provide a weekly examination for licensed prostitutes. Clinics were also established by the Ministry of Welfure to examine prostitutes with VD. A heavier fine was regulated for panderers and owners of houses of prostitution who knew that the prostitutes had Venereal Disease, as compared to those persons who prostituted themselves with know1edge that they had Venereal Disease. HoweveI; during the American Occupation in Japan, these basic laws and 1egal measures were changed For example, an amendment to the Law 84 of 1900, which oruy required unlicensed prostitutes for compulsory VD medical examination was changed through the release of 'Welfure Ministry Ordinance No. 45 of 1945," an order which imp1emented SCAPIN 153. This ordinance required prostitutes to submit health examinations for the presence ofVD (Summary report ofVD Control Activities in Japan, October 1945·December 1949, Microfiche sheet no. PHW 01141-42, SCAP Rerords).

118 Ibid.

119 Circular No. 33, VD Contact Tracing, May 22, 1948. (Summary report ofVD Control Activities in Japan, October 1945·December 1949, Microfiche sheet no. PHW 01141-42, SCAPRecords).

120 The Office of the Provost Marshal's operational activities included police maintenance and enforcement oflaw and order among occupational forces. "Occupational History of Provost Marshal Section. Headquarters Eight Army, November 1 to 30, 1946

121 HoweveI; Headquarters, Eight Army was opposed to any change in the contact tracing system and consequently the imp1ementing Eight Army Circular 39 which was issued May 9, 1949 did not conform to the provisions ofFEC Circular 56 (which authorized the Provost Marshal to supervise the VD Contact Tracing). This necessitated a draft of a command 1etter to Eight Army requiring compliance with FEC Circular 56. HoweveI; the Chiefof Staff directed the Surgeon. Far East Command, to settle this matter informally with Eight Army Surgeon. This was done and on June 25, 1949 Eight Army amended the part of Circular 39 dealing with contact tracing to conform with FEC Circular 56. "Eight Army Weekly Directive 42, June 25, 1949." (Summary report ofVD Control Activities in Japan, October 1945·December 1949, Microfiche sheet no. PHW 01141·42, SCAP Records).

122 Ibid

123 'Check Sheet from Legal Section to Government Section. Regarding Bill for the Punishment of Prostitution and RelatedActivities', June 15, 1948; Box no. 2191. Microfiche sheet no. GS (8) 01660, SCAP Rerords.

124 There were changes in the Legal Section's organization which reflected a transition of this section's concern from war crimes to 1egal aspects ofbusiness and government (GHQ·SCAP 1990 vol 2).

125 'Check Sheet from Legal Section to Government Section. Regarding Bill for the Punishment of Prostitution and Related Activities', June 15, 1948; Box no. 2191. Microfiche sheet no. GS (8) 01660, SCAP Records.

118 126 The use of cultural superiority discourse was also presented by Koikari's (1999) study. Koikari pointed that the GHQ officials represented the Japanese society and culture as "inferior" rompared tD the West in order tD back up some of their policies such as the PH&Ws VD rontrol program.

127 VD Prevention Law from the file: SummaIY report ofVD Control Activities in Japan, October 1945-December 1949, Microfiche sheet no_ PHW 01141-42, SCAP Records.

128 General Headquarters' Character Guidanre Council, Reference 600-900-1, DA, August 4, 1948 from the file: SummaIY report of VD Control Activities in Japan, October 1945-December 1949, Microfiche sheet no. PHW 01141-42, SCAPRerords.

129 Ibid.

100 Ibid.

131 Ibid.

132 Ibid.

133 'Report of lli Florence B. Powdermaker, VlBiting Expert, Submitted tD the SCAP, 'lbkyo 15 October 1948.' Microfiche sheet no. CIE (0) 05241-42.

134 Ibid.

135 Ibid.

136 Ibid.

137 Ibid.lli Powdermaker also stressed that an important cause of difficulty among some Americans arises out of their "naive ronviction that America is the best of all possible rountries and that American institutions, CUStDlDS and ideas are also the best, not only fur the United States, but fur the world. There is a tendency tD lose sight of the realities of life in the United States and of the imperfections and the rompromises which they represent There seelDS tD be an inter necessity tD ronvince the Japanese of their worth rather than tD work rooperatively in adapting and changing them tD fit the needs here."

136 Ibid.

139 Ibid.

140 Ibid.

141 A memo from the Government Section tD the PH&W Section regarding ''The Bill for the Punishment of Prostitution and Related Activities," November 1949. Microfiche sheet no. as (8) 01660, SCAP Records.

142 Prostitution: G-1 Proposed SCAPIN - (For M1: Bassin) FebruaIY 1, 1949. Microfiche sheet no. as (8) 01660, SCAP Records.

143 Ibid.

144 Ibid.

145 "Organization ofAttorney General's Office, Microfiche sheet DO. LG 11662-63, SCAP Records.

146 The CI&E suggested tD arrange channe1s fur liaison between the Japanese Cabinet Public Opinion Survey Section

119 and recognized Public Opinion experts in the US, in conducting national surveys. From the file "An interoflial memorandum, Subject: Policy Governing Liaison between CI&E and the Public Opinion Survey Section, Japanese Cabinet, Janwny 25, 1946." (Organization of Cabinet Deliberation Room Public Opinion Unit - Memos on Confidential Matte:!; Microfiche sheet no. CIE (0) 05301-05302, SCAP Records).

147 This survey was based upon interviews with 1,372 adults over the age of 20 in the Kanto area Gncludes ThkYo, Saitama, Chiba, Thchigi, Gunma, Ibaragi, and Kanagawa) and 211 in the city of Sendai. The particular sampling method used in this survey is a "variety of what is known technically as probability sampling." The PUIpOSe of the sampling method employed in the survey was to "obtain a representative cross section of the population of the two areas (Kanto area and Sendai), in which all types of Japanese people-men and women, people of different ages and occupations are represented in the sample proportion to their ratio in the general population:' (Survey Series: The Japanese People Look at Prostitution', June 1949; Box no. 5184. Microfiche sheet no. CIE W 00998, SCAP Records).

148 The PO&SR Unit at the beginning of the Oocupation became a PO&SR Division of the CI&E Section in October 1948. John C. Pelzel was announced as Division Chief The Original staff of research analysts consisted ofTamio Tsushiyama, Cynthia Ram, and David Sills. In March of 1949, Th: John W. Bennett of Ohio State University joined the research stafi; and, upon the departure of John C. Pelzel in June to a

149 Prior to the Oocupation, Japan had no competent governmental or private public opinion research organizations. A public opinion research organization was established in the office of the Prime Minister early in the Oreupation through the enactment of the National Pubic Opinion Research Institute's Establishment Law by the Diet on June 1, 1949. This organization became an autonomous institute under the jurisdiction of the Prime Minister's office fur administrative purposes only. In order to assure the institute's autonomy; operational control was tra.nsfurred from the Prime Minister to a Board of Governors appointed from among representatives elected by organizations in the field of social sciences. The Board of Governors consists of representatives of the Japan Sociological Society, the Scienre MvisOIy Council, the Japan Psychological Society; the Society of Applied Psychology, the Japan Political Scienre Society; and the Japan Newspaper League. (History and Functions ofPO&SR Division, Microfiche sheet no. CIE (0) 05247, SCAP Records).

150 The PO&SR Division's mission was to infurm the Supreme Commander of (1) matters of Japanese society and social organization that relate to the Oocupation and the rehabilitation program, and (2) Japanese public opinion and other social psychological reactions to the Oocupation and the rehabilitation program. It also aims to maintain general surveillanre over the public opinion research activities of Japanese Government agencies. It has three divisions: (1) Division Personnel (composed of both American and Japanese social scientists, field workers, interviewers, statisticians, interpreters, translators, and organizers; (2) Mvisory Oreupation Personnel (which includes the Intra·SCAP Mvisory Committee, consisting of representatives of seven special staff sections of SCAP and of Eight Army Military Government Headquarters, and individuals with specialized knowledge in the fields of Japanese life or of SCAP operations; (3) Cooperating Japanese agencies, such as established public opinion research agencies, social scienre research institutes, learned societies and universities. (History and Functions of PO&SR Division, Microfiche sheet no. CIE (0) 05247, SCAP Records).

151 Survey Series: The Japanese People Look at Prostitution', June 1949; Box no. 5184. Microfiche sheet no. CIE W 00998, SCAP Records.

152 Ibid, p. 1.

153 Ibid.

120 154 Ibid, p.3.

155 Ibid, p.10.

156 Ibid, p.13.

157 Ibid, p.15. 158 Ibid, p.16.

159 Ibid, p.19.

160 Ibid, p.21.

161 Ibid.

162 Ibid.

163 Ibid. Some attitudinal factors were also associated with support of or opposition to the proposed law. The background of thinking about the problem of prostitution with which people approach the proposed law exerts a considerable influenre on their judgments. For example, (1) "the more that people fuel that prostitution has an important social role, the more they oppose the law; (2) the more lenient the attitude toward men's resort to prostitution, the more opposition to the law; (3) the more sympathetic the attitude toward prostitutes, the less support there is of the law; (4) the more that people look upon street walking as a crime, the more they mvor the law; (5) People who favor legal control of street-walking tend to be more favorably inclined toward the proposed law than do people who favor other measures

164 Ibid, p.34.

165 Ibid.

166 Ibid, p.37.

167 Ibid.

168 Ibid, pA3.

169 Benedict quoted Sir George Sansom: "throughout their histoIy the Japanese seem to have retained in some measure this incapacity to disrern, or this reluctanre to grapple with, the problem of evil They believe that man has two souls, one soul is destined for hell and one for heaven. They are both neressaIY and good on di1furent oreasions" (Benedict 1946).

170 ''Prostitution Cases in Provost Court' July 1949 (Summary report of VD Control Activities in Japan, October 1945-Derember 1949, Microfiche sheet no. PHW 01141-42, SCAP Records).

171 ''Replanning of Prostitution Bill by Women," August 19, 1949 (Summaxy report ofVD Control Activities in Japan, October 1945-Derember 1949, Microfiche sheet no. PHW 01141-42, SCAP Records).

172 ''Recommendation for Repression of Prostitution," August 31, 1949. Microfiche sheet no. PHW 00846, SCAP Records.

173 Ibid.

174 Memo: Conferenre with Prof Watanabe, dated Sept 14, 1949 (Summaxy report ofVD Control Activities in Japan,

121 October 1945-December 1949, Microfiche sheet no. PHW 01141-42, SCAP Records).

175 PHW Memo: Inspection of Jai Rehabilitation Homes fur Prostitutes, September 22, 1949; PHW Memo: Inspection VISit to Shinsei Ryo Rehabilitation Home fur Prostitutes Taclrikawa, September 28, 1949. Microfiche sheet no. PHW 00844-46, SCAP Records.

176 Paragraph 13 of the Circular No. 83 which authorized the local cxx:upation oommanders to place off-limits any hote~ inn, or theater fur oogent response (September 13, 1949) Summary report of VD Control Activities in Japan, October 1945-December 1949, Microfiche sheet no. PHW 01141-42, SCAPRecords.

177 This memo was addressed to the Commanding General, Eight Army; APO 343, Commander of United States Naval Forces, Far East, Navy No. 1165 and Commanding General, Far East Air Forces, APO 925. ''Use ofMilitaIy Police to support Japanese Police in VD Contro~" December 23, 1949. Microfiche sheet no. LG 16299, SCAP Records.

178 Ibid.

179 GHQ-SCAP devised direct and radical measures in hying to solve VD and prostitution problem during the initial stage of the Occupation. Many GHQ-SCAP officials only looked into the potential causes ofthe prostitution problem by basing their policies on stereom>ed and preoonceived images ofJapan as feudalistic and the licensed prostitution as a furm of debt bondage.

180 One month after the outbreak of the Korean Waz; MacArthur's directive caused the rebirth of a Japanese army; then under the name ofthe Police Reserve Force (Tsurumi 1986).

181 Allinson also explained that the "military demand increased profits. Profits spurred investment in new factories. New factories created more jobs. Job meant steadier inoomes, rising levels of oonsumption, and growing family savings, which were quickly channeled into more, and more productive, investment This new virtuous cycle was the final ingredient needed fur reoovery" in postwar Japan WIinson 1997).

182 General Douglas MacArthur was replaced by General Matthew Ridgeway inApri.l1951 (Bailey 1996).

183 A letter of oomplaint from Captain Ernest Zinn

184 Ibid.

185 The Assistant Chief of Staff (G-1) was responsible fur advising the Supreme Commander on policies fur personnel and administrative functions of the Occupation. Activities included the application of modern methods of management, organization, manpower and space requirement techniques; entry and exit clearance of military; civilian, and Allied personnel into and out of Japan, travel of Japanese nationals abroad, repatriation of individuals to and from Japan, and supervision of the International Red Cross (GHQ-SCAP 1990, vol 2:33-34).

186 Major Crimshaw's propo~ ''Prohibition Against Solicitation," March 15, 1950. Microfiche sheet no. PHW 00846, SCAP Records.

187 The Chief of S~ who represented both SCAP and Far Eastern Commission (FEC), perfurmed the duties and functions that oonventional military principles and practice recognized as pertaining to the position. As the principal ooordinating agent of and adviser to the Supreme Commande~ the Chief of Staff assured that both civil and military aspects ofpolicy decisions were thoroughly oonsidered (GHQ-SCAP 1990, vol 2:30).

188 Proposed SCAPIN ''Prohibition Against Solicitation," by Gen. Beiderlinden, March 15, 1950. Microfiche sheet no. PHW 00846, SCAP Records.

122 189 Rerommendation fur "Control of Prostitution" by the Headquarters' 71h Infuntry Division Office of the Commanding General, September 1950. Microfiche sheet no. PHW 00846, SCAP Rerords.

190 Proposed SCAPIN ''Repression of Prostitution" by the gth Army Replacement Training Center, September 8, 1950, Microfiche sheet no. PHW 00846, SCAP Rerords.

191 Ibid.

192 Rerommendation fur "Control of Solicitors and Streetwalkers," by the Headquarters and Service Group, Far East Command. September 14, 1950. Microfiche sheet no. PHW 00846, SCAP Rerords.

193 Ibid.

194 A letter of concurrence with the proposed SCAPIN ''Repression of Prostitution" from the Office of Headquarters Japan Logistical Command (APO 343). This letter was addressed to the Commander in chief Far East (APO 500) in September 1950. Microfiche sheet no. PHW 00846, SCAP Rerords.

195 Ibid.

196 A memo from the Provost Marshal (Col Chaplin 26'5703) dated September 22, 1950. This memo directly quoted the 1948 survey result from the ''Memorandum fur Rerord, Subject: Solicitation of Troops fur the Purpose of Prostitution," from Provost Marshall to Civil Section. ''Solicitation of Troops fur the Purpose of Prostitution, VD Contact Tracing, #1 (1948), #2 (1949-1951)," Box No. 2191.Microfiche sheet no. GS (8) 01661, SCAP Rerords.

197 Ibid.

198 Ibid.

199 The memo is entitled "Control of Prostitutes and solicitors fur prostitutioll'Cx)llsultation with Metropolitan Japanese Police Chiem," September 29, 1950. Microfiche sheet no. GS (8) 01661, SCAP Rerords.

200 A reply to the memorandum fur Major Napier, subject ''Prostitution''

201 Ibid.

202 Ibid.

203 A memo from G'2 addressed to the Chief of Staff through Col Pulliam of Legal Section, October 30, 1950. "Solicitation of Troops fur the Purpose of Prostitution, VD Contact Tracing, #2 (1949-1951)," Box No. 2191.Microfiche sheet no. GS (8) 01661, SCAP Rerords.

204 The role of Assistant Chief of Staff (G-2) was to advise the Supreme Commander on policies fur the translation and disposition of Japanese records, demobilization records, and technical intelligence. On January 31, 1950 G·2's responsibility was limited to oonduct of the necessary liaison in matters of a military nature (GHQ-SCAP 1990, vol 2: 34).

205 A memo from G-2 addressed to the Chief of Staff through Col Pulliam of Legal Section, October 30, 1950. "Solicitation of Troops fur the Purpose of Prostitution, VD Contact Tracing, #2 (1949-1951)," Box No. 2191.Microfiche sheet no. GS (8) 01661, SCAP Rerords.

206 AMemo fur Major Napier, Subject: Control of Prostitution by Potsdam Ordinance, November 14, 1950. "Solicitation

123 of'froops fur the Purpose of Prostitution, VD Contact Tracing, #2 (1949-195])," Box No. 2191.Microfiche sheet no. GS (8) 01661, SCAP Records.

207 Ibid.

208 Ibid.

209 A memo on ''Repression ofProstitution and VD Control." February 14, 1950. Microfiche sheet no. PHW 00845-46.

210 Ibid.

211 Ibid.

212 A memo, ''Prohibitions against Solicitation" from the Government Section to the Chief of Staff (April 14, 1950). ''Solicitation of 'froops fur the Purpose of Prostitution, VD Contact Tracing, #2 (1949-195]), Box No. 2191." Microfiche sheet no. GS (8) 01661, SCAP Records.

213 Ibid.

214 A check sheet from the Government Section to Chief of Staff dated October 6, 1950. ''Solicitation of Troops fur the Purpose of Prostitution, VD Contact Tracing, #2 (1949-195])," Box No. 2191.Microfiche sheet no. GS (8) 01661, SCAP Records.

215 Ibid.

216 A memo from PH&W Section entitled ''Ruling oftheAttorney General on Physical examination fur prostitutes" on November 3, 1950. Microfiche sheet no. GS (8) 01659.

217 Ibid.

218 ''Street Walkers Said to have Gone Underground." Thkyo Nicbjnjcbj Shinbun, February 6, 1951. Microfiche. sheet no. GS (8) 01659.

219 Ibid.

220 Ibid.

221 Kovner (2004) defined "fraternization" as the ''fOrming of personal relations between occupying troops and local inhabitants." Kovner added that in Japan during the Occupation and the Korean War periods, fraternization referred typically to a private association with a Japanese woman.

222 "A Memo from Government Section which presented a report written by MI: Kimura of the Chief Liaison Bureau" regarding Japanese polire efforts to control VD, July 17, 1951. Microfiche sheet no. GS (8) 01660, SCAP Records.

223 Ibid.

224 '1.ocal by-laws on the control of public morals," File No, 25. August 6, 1951. Microfiche sheet no. GS (8) 01659, SCAP Records.

225 Ibid.

226 Koikari.'s (1999) study showed how the Occupation officials constructed the Japanese society as feudalistic and

124 peculiar as compared to the more civilized and democratic Western society. Koikari noted that the GHQ officials constructed the Japanese society as inferior in Qrder to legitimate its intervention in Japan.

125 AppendixA

List of Microfiche sheets from SCAP Reoords

1. Adjutant General's (AG) Section

The Home Ministry Ordinance No.3, issued on February 2, 1946 by the Japanese Ministry of Home Affairs. Microfiche sheet no. AG (B) 01023.

Memorandum from the PHW Section (signed by Crawford F. Sams, Colonel Medical Corps and Chief of pHW) to the Chief of Staff, February 1946, Subject: "Summary of Venereal disease oontrol activities in the civilian population of Japan, September 1945 to February 1946." Microfiche sheet no. AG (B) 01023.

~tter, Subject: ''Repression of Prostitution' from the GHQ-US Army Forces, Pacific addressed to Commanding General, Eight Army, APO 343; Commanding General, Pacific Air Command, US Army, Advanced Echelon, APO 935 (for Fifth Air Force); Commanding Officer, Headquarters, Headquarters and Service Group, GHQ, US Army Forces, Pacific, APO 500; Commanding Officer, 441st cre Detachment, GHQ, US Army Forces, Pacific, APO 500; Commanding Officer, Detachment 2, 4025th Signal Service Group, APO 181. February 18, 1946. Microfiche sheet no. AG (B) 01023.

2. CivilAffairs Section (CAS)

Army Service Forces Manual M 354-1, Civil Affairs Handbook - Japan (Section 1: Geographical and Social Background) July 1944. Box No. 9362, Folder title/number (11) Microfiche sheet no. CAS W 06841.

3. Civil Information and Education (CI&E) Section

SCAPIN-642 Memorandum for: Imperial Japanese Government (January 21, 1946). ''Prostitution' from the CI&E SectionlInformation DivisionIWomen's Affairs Activities, 1945-50, Box no. 5250, Folder no. 12. Microfiche sheet no. CIE (A) 01641.

"Organization of Cabinet Deliberation Room Public Opinion Unit - Memos on Confidential Matter," January 25, 1946.Microfiche sheet no. CIE (D) 05301-05302.

'Report of Dr. Florence B. Powdermaker, VIsiting Expert, Submitted to the SCAP, 'lbkyo October 15, 1948: Microfiche sheet no. CIE (D) 05241-42.

Survey Series: The Japanese People Look at Prostitution', June 1949; Box no. 5184. Microfiche sheet no. CIE W 00998.

126 4. Economic and Scienre Section (ESS)

Cited in Ogawa (1997), GHQ·SCAP, ESS, dated June 14, 1946, Microfiche sheet no. ESS (E) 00813.

Cited in Ogawa (1997). GHQ-SCAP, ESS, entitled "Report on Formation of Women's Affairs Department in GHQ-SCAP," Microfiche sheet no. ESS (E) 01813.

5. Government Section (GS)

''Law for the Prohibition of Prostitution," A letter addressed to Commander Hussey. January 26, 1946 {Microfiche sheet no. GS (B) 01660.

Prostitution (File) Memo for the Rerord: Alleged Maladministration of VD Control by Japanese Police, January 20, 1947. Microfiche sheet no. GS (B) 01660.

Aletter, subject: Venereal Disease Control in Army Air Force Personnel," July 5, 1947. Microfiche sheet no. GS (B) 01660.

"Check Sheet from Legal Section to Government Section, Regarding Bill for the Punishment of Prostitution and Related Activities," June 15, 1948; Box no. 2191. Microfiche sheet no. GS (B) 01660.

Prostitution: G-1 Proposed SCAPIN - (For Mr. Bassin) February 1, 1949. Microfiche sheet no. GS (B) 01660.

A memo from the Government Section to the PH&W Section regarding "The Bill for the Punishment of Prostitution and Related Activities," November 1949. Microfiche sheet no. GS (B) 01660, SCAP Records.

A memo, ''Prohibitions against Solicitation" from the Government Section to the Chief of Staff (April 14, 1950): "Solicitation of'Iroops for the Purpose of Prostitution, VD Contact Tracing, #2 (1949-1951), Box No. 2191." Microfiche sheet no. GS (B) 01661.

A memo from the Provost Marshal (Col Chaplin 26-5703) on September 22, 1950. "Memorandum for Record, Subject: Solicitation of Troops for the Purpose of Prostitution, from Provost Marshall to Civil Section, September 22, 1950. "Solicitation of'Iroops for the Purpose of Prostitution, VD Contact Tracing, #1 (1948), #2 (1949-1951)," Box No. 2191.Micro:fiche sheet no. GS (B) 01661.

A memo "Control of Prostitutes and solicitors for prostitution-consultation with Metropolitan Japanese Police Chiefs," September 29, 1950. Microfiche sheet no. GS (B) 01661.

A check sheet from the Government Section to the Chief of Staff dated October 6, 1950. "Solicitation of 'Iroops for the Purpose of Prostitution, VD Contact Tracing, #2 (1949-1951)," Box No. 2191. Microfiche sheet no. GS (B) 01661.

A reply to the memorandum for Major Napier, subject ''Prostitution'' {Members of the 'Ibkyo Provost

127 Marshall's staff's reaction on the proposed "Prostitution Control Cabinet Order"), October 6, 1950. Microfiche sheet no. GS (B) 01661.

A memo from G-2 addressed to the Chief of Staff through Col Pulliam of Legal Section, October 30, 1950. "Solicitation of 'froops for the Purpose of Prostitution, VD Contact Tracing, #2 (1949-1951)," Box No. 2191.Microfiche sheet no. GS (B) 01661.

A memo from PH&W Section entitled "Ruling of the Attorney General on Physical examination for prostitutes" on November 3, 1950. Microfiche sheet no. GS (B) 01659.

A Memo for Major Napier, Subject: Control of Prostitution by Potsdam Ordinance, November 14, 1950. "Solicitation of 'froops for the Purpose of Prostitution, VD Contact Tracing, #2 (1949-1951)," Box No. 2191.Microfiche sheet no. GS (B) 01661.

"Street Walkers Said to have Gone Underground." 'lbkyo Nichinichi Shinbun, February 6, 1951. Microfiche. sheet no. GS (B) 01659.

"A Memo from Government Section which presented a report written by Mr. Kimura of the Chief Liaison Bureau" regarding Japanese police efforts to control VD, July 17, 1951. Microfiche sheet no. GS (B) 01660.

Local by-laws on the control of public morals," File No, 25. August 6, 1951. Microfiche sheet no. GS (B) 01659.

6. Legal Section

"Organization ofAttorney General's Office, Microfiche sheet no. LG 11662-63, SCAP Records.

A memo addressed to Commanding General, Eight Army, APO 343, Commander of United States Naval Forces, Far East, Navy No. 1165 and Commanding General, Far East Air Forces, APO 925. "Use of Military Police to support Japanese Police in VD Control," December 23, 1949. Microfiche sheet no. LG 16299, SCAP Records.

7. Public Health and Welfare (PH&W) Section

SCAPIN 46. September 22, 1945. Microfiche sheet no. PHW 05006.

SCAPIN 153. October 16, 1945. Microfiche sheet no. PHW 05006.

Memorandum for the Record, Subject: System of Licensed Prostitution in Japan, December 11, 1945. Microfiche sheet no. PHW 01240.

Memorandum for the Record, "Subject: Prostitution in Japan: Contracts; Regulations; Public and Private Prostitutes"; PHW Section (Welfare Sub-section), December 29, 1945. Microfiche sheet no. PHW 01240.

Recommendation of a "Law prohibiting prostitution and its allied activities" by PH&W section, based on a

128 staff study on the problem of reducing the incidence of venereal disease, December 26, 1946. Summroy report of VD Control Activities in Japan, October 1945-December 1949, Microfiche sheet no. PHW 01141-42.

Circular No. 33, VD Contact Tracing, May 22, 1948. Summroy report ofVD Control Activities in Japan, October 1945-December 1949, Microfiche sheet no. PHW 01141-42, SCAP Records.

General Headquarters' Character Guidance Council, Reference 600-900-1, DA, August 4, 1948. Summroy report of VD Control Activities in Japan, October 1945-December 1949, Microfiche sheet no. PHW 01141-42.

Eight Army Circular 39 on contact tracing. ''Eight Army Weekly Directive 42, June 25, 1949." (Summroy report of VD Control Activities in Japan, October 1945-December 1949, Microfiche sheet no. PHW 01141-42.

''Prostitution Cases in Provost Court" July 1949.Summroy report of VD Control Activities in Japan, October 1945-December 1949, Microfiche sheet no. PHW 01141-42.

''Replanning of Prostitution Bill by Women," August 19, 1949. Summroy report ofVD Control Activities in Japan, October 1945-December 1949, Microfiche sheet no. PHW 01141-42.

''Recommendation for Repression of Prostitution," August 31, 1949. Microfiche sheet no. PHW 00846.

Paragraph 13 of the Circular No. 83 which authorized the local occupation commanders to place off-limits any hotel, inn, or theater for cogent response (September 13, 1949) Summary report of VD Control Activities in Japan, October 1945-December 1949, Microfiche sheet no. PHW 01141-42.

A Memo: Conference with Prof. Watanabe, dated September 14, 1949. Summroy report of VD Control Activities in Japan, October 1945-December 1949, Microfiche sheet no. PHW 01141-42.

PH&W Memo: Inspection of Jai Rehabilitation Homes for Prostitutes, September 22, 1949; PHW Memo: Inspection VIsit to Shinsei Ryo Rehabilitation Home for Prostitutes Tachikawa, Septembe:r; 28, 1949. Microfiche sheet no. PHW 00844-46.

A letter of complaint from Captain Ernest Zinn, Februroy 7, 1950. "Association with prostitutes and solicitation for the purpose of prostitution." Microfiche sheet no. PHW 00846.

A memo on ''Repression of Prostitution and VD Control," Februroy 14, 1950. Microfiche sheet no. PHW 00845-46.

Major Crimshaw's proposal, ''Prohibition Against Solicitation," March 15, 1950. Microfiche sheet no. PHW 00846.

Proposed SCAPIN ''Prohibition Against Solicitation," by Gen. Beiderlinden, March 15, 1950. Microfiche sheet no. PHW 00846.

Recommendation for "Control of Prostitution" by the Headquarters' 7th Infantry Division Office of the Commanding General, September 1950. Microfiche sheet no. PHW 00846.

129 A letter of concurrence with the proposed SCAPIN "Repression of Prostitution" from the Office of Headquarters Japan Logistical Command (Apo 343), addressed to the Commander in chief Far East (Apo 500) in September 1950. Microfiche sheet no. PHW 00846.

Proposed SCAPIN ''Repression of Prostitution" by the 8th Army Replacement Training Center, September 8, 1950, Microfiche sheet no. PHW 00846.

Recommendation for "Control of Solicitors and Streetwalkers," by the Headquarters and Service Group, Far East Command. September 14, 1950. Microfiche sheet no. PHW 00846.

''Law for Execution ofAdministrationi Law 84 of 1900," Articles 2 and a; Home Ministry Ordinance No. 16 of 1908).Summary report ofVD ControlActivities in Japan, October 1945-December 1949, Microfiche sheet no. PHW 01141-42.

8. WW IT Operations (8th Army) - (woR)

"Occupational History of Provost Marshal Section, Headquarters Eight Army, November 1 to 30, 1946. Microfiche sheet no. WOR 19393.

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