Legislating for Harmony

1. Legislating for Harmony Limitations and Implications of the Basic Law for a Gender Equal Society in Japan 男女共同参画社会基本法 Laura Dales, School of International Studies Laura.Dales@unisa.edu.au

2. 男女共同参画社会基本法The Basic Law for a Gender Equal Society, June 1999 Preamble • … to respond to the rapid changes occurring in Japan's socioeconomic situation, such as the trend toward fewer children, the aging of the population, and the maturation of domestic economic activities, it has become a matter of urgent importance to realize a gender-equal society in which men and women respect the other's human rights and share their responsibilities, and every citizen is able to fully exercise their individuality and abilities regardless of gender… • This law is hereby established in order to clarify the basic principles with regard to formation of a gender-equal society, to set a course to this end, and to promote efforts by the State and local governments and citizens with regard to formation of a gender-equal society comprehensively and systematically. Gender Equality Bureau http://www.gender.go.jp/english_contents/index.html

3. Recent history in gender policy & legislation • 1985 Equal Employment Opportunity Act • 1992 Government Economic Plan “Five-Year Greater National Lifestyle Plan: Aiming for a Coexistent Global Society” advocates prioritisation of lifestyle over economic growth. • 1994 The Headquarters for the Promotion of Gender-Equality, headed by the Prime Minister, is set up within the Cabinet. • 1996 The Council for Considering a Gender-Equal Society submits “Vision of Gender-Equality: The Creation of New Values for the 21st Century” • 1999 Basic Law for the Creation of a Gender-Equal Society launched. • 2001 Council for Gender-Equality and Gender-Equality Bureau established within Cabinet Office, headed by the Prime Minister.

4. “Pillars” of a Gender-Equal Society 1. Respect for the human rights of men and women; 2. Consideration for (avoiding rigid) social customs and systems; 3. Collaborative participation in social policy, planning and decision-making; 4. The compatibility/ co-existence of domestic activities and other activities (namely work, study and local community activities); 5. International co-operation and support, from other countries and international organisations. http://www.gender.go.jp/

5. Feministcritique • Hōnoki: Law’s failure to address the role of the business sector in promoting gender equality (2002:187). • Ehara (2000): Law was largely born of government concern over low marriage and birth rates, and has been handed down accordingly. • Muta (2003): Absence of the grounding values of gender equality in family and schooling limits Law’s efficacy. • Law as heteronormative and heterosexist- “human rights” flowing from or elucidated by male/female relationships are particularly privileged. • A strategy to promote marriage and child-bearing, as an answer to social and economic changes caused by the ageing, low-birth rate population. • Law as an advisory tool only: Lack of penalties for violation limits substantive effect.

6. Conclusion • Contextualised: Addressing the ageing, low birth-rate society • Heteronormative, heterosexist and focused on the reproductive family – but nonetheless an advance on governmental efforts to redress imbalance in the status of women and men. • A product of collaboration between feminists working within the system and the government administration.