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Japanese Laws Protecting Victims of Domestic Abuse

In class today, we had the privilege of meeting with Kanoko Kamata, a social justice advocate, biochemist, and Harvard graduate who helped organize a coalition to reform Japanese sex crime laws. She created Community Organizing Japan in 2013, and has used different methods of civil law making to influence the Japanese Diet. What I was most impressed by was how quickly and effectively comprehensive legislation was made to protect women from domestic violence. People's general perception of civil society in Japan is that it is not very effective. Social movements are generally associated with radicalism and anti-government campaigns. This is in part due to collective memory of the 1960 protests against the US-Japan treaty that ended very violently. Because of these perceptions, it is unusual for a social movement to be so effective.


While I recognize that there are many more issues that require attention in the future, and that the new laws do not protect everyone, this revision is an enormous milestone. Restraining orders against abusers are now legally extended to protect children. Protection against psychological violence is included along with physical violence. The law also includes foreigners and the disabled, as well as implementing policy for government aid to survivors. What struck me profoundly was how quickly, albeit decades behind other developed countries, the grassroots movement lobbied for actual, successful change. This is especially impressive compared to other grassroots movements we have examined in Japan, which have been less successful. 


The most interesting aspect in the revision of the domestic violence laws was the open dialogue that existed between activists and politicians. Individual anecdotes also served to humanize the statistics that were being discussed, as sexual assault survivors spoke up about their own experiences. This method of civil lawmaking is particularly intriguing to me, because yesterday in our discussion on refugees and the process of seeking asylum in Japan, Favia mentioned that their movement is difficult because there does not exist an open channel of communication with the government to address issues. Other grassroots movements we have examined, including the protest of nuclear power and the movement to end military occupation in Okinawa, have gained much media and international attention but have been relatively unsuccessful in creating actual policy. I view this in part as a result of the one party system that currently exists in Japan. During our discourse with the Waseda students, one girl confessed that she thought that the LDP was doing an adequate job, but that they could be doing better. The reason, she said, was because there are no opposing platforms. The LDP has to do just enough to be reelected, and little more. This is part of the reason that grassroots movements have progressed quite slowly. 


The initial resistance of politicians also reflects the deep seeded notions of misogyny in Japan. While not overt, societal sexism is demonstrated in women’s treatment in the workplace, lack of sufficient maternity leave, and differences in language forms used by men and women. Sex education focusses on the biological mechanisms and less on human rights and consent. Consent is not widely discussed, and many women consider inappropriate actions to be flattering, because they are attractive. There also exists a strong shame culture, where people do not want to see themselves as victims. Women are incessantly sexualized in cartoons and pop culture, and there exists much pornography indulging in rape fantasy. This culture can deeply affect women, because they think that sexual assaults are normal and acceptable.


Despite this resistance toward cultural change, female politicians and advocates were persistent and met their goals through determined dialogue directly with bureaucrats and parliament members. While no movement can be entirely successful, the coalition was extremely well organized and achieved many of their goals.The law is up for revision in 2020, and still has a ways to come. For example, rape is defined as the act of penetration, which by legal definition does not always include oral sexual assault or same sex sexual assault. Future revisions hope to be more inclusive of every human being.

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