Japanese laws promote the racist treatment and cultural genicided of minorities living in Japan - Essay Example

There are many diverse populations of ethnic and minority groups living throughout Japan. Those of Korean and Taiwanese descent make up the largest group, followed by Chinese. Others come from the Philippines, Brazil, Peru and even the United States. Some become citizens, some obtain work visas and still others never obtain work visas as the lengthy application process would prevent them from working in Japan entirely. Many stay in Japan indefinitely, where they spend the rest of their lives contributing to the economy of Japan, while being denied the basic benefits that are guaranteed to all Japanese citizens. Japan’s health insurance and pension laws are designed in such as way that they discriminate against those who are not Japanese citizens or long time Korean residents. The cultural genocide of minority populations in Japan is largely due to ineffective and disorganized bureaucracy, though there are some cases of outright abuse and mistreatment, particularly among migrant workers and those who do not speak the language. There are also cost advantages in not allowing those who are not Japanese residents to receive benefits. Employers must pay into the welfare pension or national pension, matching equally the amounts that employees pay. For some small businesses this is too costly, so paperwork for immigrant workers is never completed. Immigrant workers often receive lower wages, which is also of financial benefit to struggling small and medium size businesses. Though such labor practices are considered illegal, many small businesses take the risks by continuing discriminatory wage practices and failing to report all employees Workers who do pay into one of the pension systems must do so for 25 year before they can receive benefits. Those who are displace from their home countries later in life will never receive benefits as elderly citizens. Depending on the pension systems of their countries of origin, they may not qualify for benefits upon returning. In many cases they will receive much smaller amounts, as the time spent working in Japan is excluded. Japan has no legal agreement with many of the countries immigrants originate from. Even where pension agreements with other countries exist, workers fall through the cracks due to smaller businesses who fail to provide proper documentation. Businesses can be fined or penalized for failure to report immigrant workers, though the systems of enforcement are overburdened and lacking in manpower. Some minority groups do become Japanese citizens, though language barriers and educational barriers prevent many from obtaining citizenship. They are still denied pension benefits if it cannot be shown that they have paid into one of the pension plans for 25 years. While this is also true of Japanese citizens, those who study abroad and work for Japanese corporations abroad are still eligible, even while contributing to the economies of the foreign countries by buying food, clothing, shelter, transportation, services and other domestic goods. Those who are relatively new to Japan’s labor force, yet vital to its economy are preventing from receiving benefits for their hard work. This appears as an effort to discourage those foreign workers from becoming Japanese citizens because they are not Japanese. In this light, labor and pension laws appear very ethnocentric and racist. Minority workers and families who are not Japanese citizens are often denied health care benefits. Though actual laws make no distinction in who can receive benefits, those who administer or manage the systems refuse benefits in practice. Often this results in minority workers receiving health care while failing to pay the costs that they are fully responsible for. Many return to their home countries after receiving care, so the Japanese system is left footing the bill. The Administration Inspection Bureau is the branch of the Management and Coordination agency assigned to monitor other government agencies. In a 1992 Bureau report in which 56 health care facilities were surveyed, results indicate That “744 of 1396 foreign patients they had treated had no public health insurance and 34 people failed to pay their bills” (Komai 106). Health care insurance laws that selectively discriminate against foreign workers does not save money for the Japanese government in this instance. It adds to costs for health care systems or institutions that are left with unpaid bills. All workers in Japan are technically eligible for Workers Compensation Insurance benefits for work related injury or illness. Because many of the migrant or temporary workers are not reported, they are not eligible to receive such benefits. The 1992 survey of health care facilities also provides information on types of illnesses. Of those without public health insurance, “19 % were conditions such as headaches, muscle aches and fatigue, while 18% were work related injuries such as contusions, sprains, fractures, bruises and cuts” (Komai 108). Physicians also reported high numbers of colds, which can only partially be blamed on Japan’s climate. One reporting physician believed working conditions were also responsible for the unusually high numbers of such illness. Failure to report work related injuries causes many more problems. Lack of employer accountability creates an environment in which workers are helpless to fight dangerous or abusive situations. Businesses that do not report the status of workers may in time come to feel they can extend work days, force workers to perform in unsafe conditions and and possibly threaten or dismiss workers who seek treatment. Lack of treatment can lead to repeated injury, serious infection and permanent loss of limb or life. It can be assumed that businesses who fail to report common work related injuries will also fail to report more serious injuries and deaths, afraid of police or Labor Standards Inspection Offices. In such instances, workers cannot receive legal representation for fear of being deported. In areas where Thai women commonly participate in prostitution, the incidence of HIV is increasing. Nearly half the women questioned responded that they did not use Condoms. Further, “women responded that only an average of 3 out of 10 customers would agree to use condoms” (Komai 108). The health implications of such behavior reach far beyond the health of minorities in Japan. As the number of infected prostitutes increases, so does the risk for their customers who may be Japanese citizens. Some of those customers may spread the virus to other prostitutes. Others may spread the virus to their wives who may be of child bearing age. Lack of health care for prostitutes becomes a problem not only for the minority women, but for Japanese society as a whole, in costs related to treating Japanese citizens. In this case, the lack of regard for the women also translates to a lack of regard for Japanese society. Women who go untreated may be forced to continue earning a living through prostitution. Without education and treatment Japanese citizens who become infected and seek treatment may put a strain on health care systems that serve them. Such a strain may cause government administrators to restrict health care benefits for minorities and irregular workers further. Minorities who are citizens of Japan also face some discriminatory actions in employment, housing and other institutions. Unlike those who are not citizens, they do have voting rights. Some believe that even temporary residents of Japan should have voting rights at least at the local level, as they often play an integral role in the local communities and economies. Despite the sentiment, those who are not Japanese citizens do not having voting rights at any level. Foreigners cannot take positions in public office even at the local level. However, they can become managers of such offices in administrative positions. Again this shows the racism in using foreign workers for labor while denying them rights. Foreign college professors are also allowed to teach in universities and institutions of higher education. Because of the pension restrictions, those with special skills and higher education levels do not remain in Japan for extended periods of time. “The lack of proper international pension agreements could therefore be a major disadvantage not only to the foreign workers concerned, but also to the nation” (Shimada 170). This is particularly detrimental to the economy of Japan as many of the most highly educated students go to work in other countries where they believe they will become more prosperous and be offered more choice. Japanese culture does emphasize educate strongly for its citizens. However, for those foreign students who need Japanese language instruction, there is great difficulty in providing adequate training. Lack of language skills creates academic hardships for many foreign students. It also alienates them from many social activities. Staying in school and learning Japanese is particularly difficult for Brazilian families. They often plan only to work in Japan for a couple years. They believe that their children will not benefit from Japanese education as much as they will from the Brazilian system. Other Latin American residents, even those who are second generation residents of Japan say that learning the language is the greatest barrier to education. Those of Korean and Asian backgrounds learn the language more easily. Students complain that all lessons are taught in Japanese, so without adequate language abilities, all subject become difficult. Ethnic schools exist, but are not recognized by the Japanese government as official schools. Foreigners living in Japan are excluded from many benefits. They also have fewer rights and opportunities. At the heart of the challenges foreigners face is an attitude that they do not deserve or should not receive the same benefits as citizens. Even Koreans who consider themselves Japanese nationals are denied benefits and rights in government offices. A division exists in the interpretation of the Japanese Constitution. Some believe that it applies exclusively to Japanese citizens. Others believe it applies to all residents of Japan, whether actual citizens, long term residents, or temporary workers. The Constitution is not taken literally, word for word, but rather interpreted as government officials see fit, even to the exclusion of foreign workers in having rights. Many agree that basic human rights should be given to all residents of Japan, though some rights should be guaranteed as stated in Chapter III of the Constitution. “Articles 13(respect for the individual), 14(the principle of equality), 16(the right to petition), 18(freedom from bondage)” (Shimada 162) and many others that guarantee freedom should be afforded to all residents of Japan. The argument is then that certain other rights listed in Chapter III do not apply to all residents. “Following this interpretation then, some of the various basic human rights defined by the constitution are guaranteed only to Japanese. Specifically it is generally considered that Article 15(voting rights), Article 25(right to subsistence) and Article 26(right to education) apply only to Japanese citizens.” (Shimada 162). One of the dangers in separating specific parts of the constitution from others is that Many basic human rights go hand in hand. One cannot be realized without the other in applying basic principles. The principle of equality is hardly realized when long term foreign residents are refused pension benefits that allow them a basic existence in their old age, while Japanese residents are able to have a decent quality of life. Equality is difficult to achieve without adequate education as well. Such examples show why separation of the various articles of the constitution does not work. Right to equality definitely cannot be realized when the right to subsistence is not guaranteed. Workers cannot exercise the right to petition when they are afraid of deportation or of losing their jobs due to lack of documentation by employers. In some cases, even respect for the individual and freedom from bondage are ignored in the treatment of foreign workers. Failure of employers to pay into Workers Compensation Insurance shows definite lack of respect for the individual worker, who may be the sole wage earner of a family. Failure to provide health care or suitable working conditions show lack of respect not only for the individual worker, but to many more individuals who depend on that worker. Newer laws have taken a much tougher stance on employment of illegal or undocumented workers who do not have work visas. This has created an attitude of intolerance that causes some immigration officials to disregard the basic human rights of such workers. Often workers who are gathered by government officials cannot afford the cost of travel to their home countries. They are sent to detention centers indefinitely where “incredible acts of brutality by guards within centers have been reported” (Komai 111). One center is even reported to lack outdoor exercise facilities, which is required by law. When foreign workers and families lack health insurance, treatment for work related injuries, adequate education and basic housing, it is difficult to believe that they are afforded even the most basic of human rights. Foreign workers do provide necessary labor to many small and medium sized businesses. In turn, the businesses thrive and contribute to the Japanese economy. Without foreign workers many factories, shops, stores, restaurant and other more necessary services would not be able to function. This does not necessarily mean that foreign workers should be allowed to come and go without permission. Creation of laws that strip them of their basic human rights should be addressed. If pension laws were revised, more workers would want to follow regulations Regarding obtaining work visas. They would actually see the benefit of paying into one of the pension programs. Anyone who gives to a society or helps to further its economy should have their basic human rights met with health insurance, Workers compensation and equal wages. It is not necessarily wrong to change laws for foreign workers impose time limits. If this is to work, more thorough control over employers and those crossing the border should be adopted. Failure to pay into the national pension system not only hurts foreign workers, but may affect Japan’s future ability to provide benefits to its citizens as well. Japanese government officials may truly believe that incorporating foreign workers into compensation plans is simply too costly. This is a legitimate concern. Agreements with their countries of origin should become top priority. Japan should also recognize that as more young adults and highly educated students leave for other opportunities, they will need to fill positions with equally educated people, which may include some of those foreign workers. Yet Japanese officials often run for office on platforms of taking tough stances against foreign workers. They believe that is what Japanese citizens want to hear. In many cases, that may be true. It shows in the prejudicial application of benefits to workers, the lengthy waiting period for work permits and the treatment of illegal workers who are confined. Perceptions of others, or those who are not like most can be distorted by stories repeated via a chain of messengers. They can also be distorted by one bad experience. A Japanese resident may become a victim of a robbery committed by a foreign worker and therefore, assume that all foreigners have less than honorable intentions for remaining in Japan. Government officials play on such sentiments and often repeat stories or cases to reinforce their causes. The following statement, “The government has made recent moves to provide more consistent treatment to law abiding foreign residents” (Hicks 141) suggests that foreign workers may be less law abiding than Japanese citizens, though there are no statistics to back up the assumption. Such statements indicate the level of discrimination and racism prevalent in Japanese society. Though there are government agencies designated to oversee proper operation of the other agencies, they evidently are not effective in many cases. One problem is that those designated to enforce and apply laws are left to interpret the laws for themselves. This results in racist treatment of foreign workers in many programs, without repercussions for their actions. Foreign workers who believe they have been discriminated against can file complaints as long as they are registered. Often their paperwork is “lost in the shuffle” of one bureaucracy or another. Government agencies do nothing to reduce racist or discriminatory practices in the various offices by official workers. On the books Japanese laws do not appear racist, though the lack of enforcement of uniform procedures for all cases does just that. It allows for discrimination by any government worker who may harbor racism feelings or view of those who are not Japanese. In some cases, however, those citizens who run small businesses and shops do realize that they cannot exist without foreign workers. Japanese officials fail to realize depriving foreign workers of basic human rights and benefits will eventually have more severe consequences for the economy of Japan as a whole, and for those who are considered Japanese citizens. Without adequate education, older workers cannot be replace by competent and knowledgeable younger workers. This is particularly true in service and manufacturing industries, where at least basic language, reading and even math skills are required. Without adequate health care insurance, health care institutions in Japan are left to cover the costs for those workers who return home without paying. This has an affect of driving costs up and quality of care down within those institutions. Failure to control health issues such as HIV among the Thai prostitutes can create epidemics. Cultural genocide may seem rational and even justifiable to some to ensure that citizens of Japan receive benefits that are guaranteed to them. However, Japan can not afford to face the many problems which will become exponentially worse with exclusion of foreign workers from its many social benefits programs. It cannot afford the cost in lower production and less contribution from businesses that will come about with workers who leave due to poor living conditions. It will not be able to afford the health insurance programs when health epidemics affect Japanese citizens who are covered. Attitudes and policies affecting all workers should be examined more thoroughly if Japan is to continue reaping the benefits of foreign workers. Works Cited Hicks, George. Japans Hidden Apartheid, the Korean Minority and the Japanese. USA: Ashgate Brookfield. 1997.   Komai, Hiroshi, translated by Jens Wilkinson. Foreign Migrants in Contemporary Japan. Melbourne: Trans Pacific press. 2001.   Sellek, Yoko. Migrant Labour in Japan. Britain: Antony Rowe Ltd. 2001.   Shimada, Haruo, translated by Roger Northridge. Japans "Guest Workers" Issues and Public Policies. University Of Tokyo Press. 1994.   Read More