japan – UAB Institute for Human Rights Blog

Peace Constitutions: Costa Rica and Japan

What do you know about peace and peace-building processes? If you have previously studied the concept of peace, you may have encountered peace constitutions and their role in promoting both positive and negative peace.

In peace studies, peace is not limited to the absence of violence (negative peace); it also includes the social and economic institutions and structures that sustain societies (positive peace). In other words, as Martin Luther King put it in his response to an accusation that he was disturbing the peace during the Montgomery Bus Boycott, “True peace is not merely the absence of tension: it is the presence of justice.” Learn more about peace from the fifth edition of David P. Barash and Charles P. Webel’s Peace and Conflict Studies, which elaborates on the aspects of positive peace, historical and current conflicts, nationalism, and terrorism.

Constitution on paper — Image 1: A written constitution. Source: Yahoo Images.

Constitution-building is the process of creating or amending that involves negotiating, drafting, and implementing fundamental principles and frameworks for a nation to work, according to PeaceRep. Peace agreements can be a constitution or have the constitution included within them. Charlotte Fiedler from the German Institute of Development and Sustainability analyzes the effects of writing a new constitution after conflict. This political scientist argues that constitution-making is part of the peace-building process, and empirical evidence indicates that it allows countries to start anew with a new governance framework, rethink previous regimes, and, therefore, improve their societal peace outlook. According to Fiedler, post-conflict constitutions are linked to trust-building, meaning that longer constitution-making processes are more successful in sustaining peace than shorter, forced processes. Both Japan’s and Costa Rica’s peace constitutions were drafted after conflicts, and both countries have seen respective benefits.

Japan’s Postwar Constitution

The 1947 constitution introduced more power to Japanese society by placing the military under civilian control, granting new rights to women, and reformulating the responsibilities of the imperial family. After WWII, Japanese cities were devastated, and post-conflict planning started. The U.S. diplomat Hugh Borton, who was part of these plans, claimed that Japan needed a new one: “to truly steer away from the imperial institution.” The Japanese wanted to amend their 1889 Meiji Constitution, but the Allies didn’t think this was enough. Therefore, General MacArthur created three principles to serve as an outline for a new constitution: no longer being able to wage war, a parliamentary system, and more power to the people.

After a lot of back and forth between the Supreme Commander of the Allied Powers staff (SCAP), the Japanese cabinet, and the first post-war general election, a new constitution was drafted. The SCAP included in Article 9 that Japan would renounce the use of force as a tool for addressing international issues. Some agreed with this article, showing Japan’s commitment to peace, but others weren’t keen on the idea. Ultimately, it was amended to read that Japan would not keep armed forces strong enough for any acts of aggression

Article 9 of the Japanese Constitution includes a no-war clause, in which the government renounces war as a means of sovereignty and refuses to settle disputes using military force. It also includes wording such as “We, the Japanese people, desire peace for all time… we have determined to preserve our security and existence, trusting in the justice and faith of the peace-loving peoples of the world.” Because of the language in it, the constitution played a major role in shaping Japan’s national identity of pacifism.

Lessons from Japan

Image 2: Japan Self-Defense Forces in the forest. Source: Yahoo Images.

As established in “Peace in Theory and Practice” under Article 9 of Japan’s Constitution, a review by Lawrence W. Beer, an expert on the politics of Japan and other Asian countries, reveals a few lessons that these peace constitutions teach the world. First, a renunciation of war is acceptable, desirable, and realistic. Second, the military does not have to be the center of international and national planning; instead, the economy, democracy, human rights, and the environment should be the center of national security concerns. Third, major peaceful changes in culture and system are possible even in the most nationalist, military-driven nations. Despite these efforts and lessons, some government officials have worked to reinstate a stronger military force and larger access to arms. Hence, time will tell how Japan will uphold its pacifist identity.

Costa Rican Constitution

Costa Rica committed to peace and democracy after years of internal conflict and unrest. Early on, after gaining independence from Spain, Costa Rica focused on its internal development, avoiding prolonged conflicts and opting for defense rather than aggression. After a period of peace when the military focused on maintaining internal order, Federico Tinoco seized power through a coup and established an authoritarian rule heavily dependent on military power. Tinoco was not well received, and this dictatorship affected public opinion on the military and its role in society. The event that pushed Costa Rica to make its final decision to abolish its military was the 1948 Civil War, which left thousands dead and had people urging for a peaceful country. The aftermath of the civil war led to the decision that same year.

Painting celebrating the peace constitution of Costa Rica — Image 3: Painting celebrating Costa Rica’s peace constitution. Source: Yahoo Images

The codification of the 1949 constitution declared Costa Rica a neutral nation, prohibiting the use of force by its army. Article 12 states, “The Army as a permanent institution is abolished,” and instructs the funds to be allocated to public welfare programs instead. What was before the job of the military became the job of the civilian police force, whose main objective is community policing and human rights?

Finally, the Costa Rican Constitution, in Article 50, guarantees the right to live in a healthy and environmentally balanced environment, making both the state and the public responsible for conserving their natural resources. Following this article, the country has passed legislation to address fishing and mining, as well as utilizing renewable sources for a large portion of its energy.

Lessons from Costa Rica

Without the burden of military expenditure, Costa Rica was able to focus more on its social services, providing better resources for its nation. This investment in education and healthcare resulted in one of the highest literacy rates in Latin America and a healthcare system with universal coverage for its citizens. What’s more, fund reallocation allowed for the development of tourism, technology, and environmental conservation. Although a lot of money and arms are still poured into the police, the shift to a more peaceful and sustainable society is evident. Ultimately, Costa Rica’s stance on peace has had an impact on the nation’s structure and its reputation in the international arena.

These two countries are not the only ones with limitations on their military forces. Iceland, Mauritius, Panama, and Vanuatu have also decided to abandon the use of the military and instead rely on alliances, diplomatic relations, and geographical isolation for national defense. For other countries and territories, such as Micronesia, defense is the responsibility of others. For example, Monaco’s defense is the responsibility of France, while the Faroe Islands are under the responsibility of Denmark.

Leaning away from raising armies for aggression may improve international harmony. How it would affect internal conflict is an aspect to consider. Moreover, the logistics of maintaining a defense army, such as limitations on size and allies, are also important factors in this conversation. A peace constitution that abolishes the military may not be a popular reform in bigger countries such as the U.S., Russia, and China. Less threat of attacks may allow for further distancing from military expenditure. Ultimately, a peace constitution not only addresses negative peace but also leads to positive peace as resources are reallocated to fit the new goals and structure of each nation.

Japan’s Public Health Diplomacy: A Pillar for Advancing Global Human Rights

When thinking about Japan, remembrance of its rich history and culture may come to mind. However, unknown to most is Japan’s role on the global stage for public health diplomacy. Ranging from international development to research investments, Japan has contributed to the expansion of health as a fundamental right, as stated by Article 25 of the Universal Declaration of Human Rights. Japan’s commitment to human rights is prominent through expanding global health equity, prioritizing universal access, improving technological innovation, and assisting with disaster relief.

Background of Japan’s Public Health Diplomacy

Public health diplomacy is the use of diplomatic channels and strategies to help address global health challenges. This ranges from the development of multilateral partnerships, domestic offices, funding opportunities, and more; with the main focus on addressing health issues, any avenue can be explored to address the nuances. The cultural foundation of Japan emphasizes its role as an international power; Japan’s ethos of wa, meaning harmony, and omotenashi, meaning hospitality, has further accelerated its role in space.

Japan’s emergence as a global health power began after World War II when it was developing its own healthcare infrastructure. In 1922, the Health Insurance Act was developed; this was in parallel to the German social insurance model that was managed jointly between employers and employees. In 1961, under this act, Japan finally achieved a universal healthcare system. This was done by developing the same fee schedules for all plans and requiring providers to maintain equity through contained costs. To further support underrepresented communities, subsidies were available for elderly people and children.

The strong domestic foundation developed by Japan opened up an opportunity for it to serve as a global leader as well. Since joining the WHO (World Health Organization) in 1956, it has contributed millions of dollars, giving over US$ 218 million in the 2020-2021 year to the WHO and US$ 50 million to the Contingency Fund for Emergencies; it has mobilized a lot of financial support, which has then supported humanitarian crisis in countries across the world.

Photo 1: Photo of Japan Medical Assistance Team jacket.Source: Flickr — Photo 1: Photo of Japan Medical Assistance Team jacket.
Source: Flickr

Japan’s Current Initiatives

With the successful implementation of universal health coverage, Japan has been a leader in mobilizing it in other countries. One way it has done so was through the 2017 UHC (Universal Healthcare) Forum in Tokyo. This forum, organized in collaboration with JICA (Japanese International Cooperation Agency), UNICEF (United Nations Children’s Fund), and the World Bank Group, discussed the urgency of making progress towards universal health coverage by engaging over 40 countries to motivate action towards equity for all communities. Beyond that of programmatic support, the World Bank-Japan Joint UHC Initiative has developed the analytics needed to contribute to the progress towards international UHC. This support has also been tried through bilateral collaborations; for example, Myanmar received around US$ 19 million in universal health coverage support from Japan, helping build its international health portfolio. With universal health coverage, health equities can be reduced across the globe.

Beyond that of universal health coverage, Japan has contributed to the development of valuable maternal and child health initiatives across the globe. Through programs and partnerships with entities like JICA, people can receive the training they need to support women and children who are systematically vulnerable communities. An example of their specific support is noted in Cambodia; by providing financial support and programmatic avenues, maternal mortality rates decreased significantly from the increased training for midwives and the improved clinics.

Even beyond that of the Asian continent, Japan has worked to develop programs in Africa to improve maternal health outcomes. An example of this is the Safe Motherhood program in Kenya. The program, developed in 1987, helped reduce maternal mortality by 50% in the country. Analyzing maternal and child healthcare is foundational to achieving gender equality and prioritizing sustainable development.

Japan is also strong in mobilizing support for disease relief and recovery assistance. The Japan Disaster Medical Assistance Teams have been trained to address domestic and international issues; rooted in Japan’s own history in disaster relief, their role on the global stage is prominent. For example, after the 2010 earthquake in Haiti, Japan provided over US$ 320 million in support that was mobilized as emergency assistance after the earthquake or in development assistance; this ranged from providing emergency relief goods, like jerry cans, to assisting with rehabilitating the water supply system. Another example is the US$ 500 million pledge to assist with the 2004 Indian Ocean tsunami; the multilateral support to all impacted countries was integral to their redevelopment and solidified Japan’s role as a key actor in global health diplomacy, helping restore health services to ensure affected populations are able to come back to their normal health levels.

Japan’s Model for Success

Japan is a leader in global health diplomacy and can share many insights with other nations and entities to improve their presence on the global stage as well. Despite domestic challenges of aging populations and criticisms for low refugee intake, their holistic approach is a strong suit. By combining technological innovations, hospitality, and multilateralism, they have been able to provide culturally sensitive care to countries around the world. As they contribute to work in health diplomacy, it is valuable to underline all efforts with the continued advocacy for health as a fundamental human right, addressing challenges that might exist proactively. By working to play their role, Japan has improved not only the health but the lives of millions of people across the world.

Karoshi: The Problems with Japan’s Work Culture

A colorful, busy street in Osaka, Japan. — Image 1: Dotonbori Street in Osaka, Japan, Source: Yahoo Images

Japan is famous for its blend of traditional and modern customs, rich culture, and revolutionized technologies. The country has drawn in millions of foreign nationals for its high quality of life, safety, and efficient public transport—but perhaps especially for its employment opportunities.

About 3% of Japan’s workforce consists of foreign workers, having quadrupled in the past 15 years to 2.05 million. On the other hand, Japan’s population has been shrinking, with a steadily declining birth rate and rapid aging. There are many proposed causes for this crisis, including dwindling marriage rates, but it is worth noting the socioeconomic pressures that stem from high living costs, unfavorable job prospects, and a rigid corporate environment.

The labor shortage that Japan faces poses a major threat to its economy—and its historically unforgiving work culture likely plays a big role.

Work Culture in Japan

Work is a highly valued aspect of life in Japan, and with it comes the concept of company loyalty. This can be demonstrated by working many hours overtime; these hours are expected and sometimes even contracted. According to data by Japan’s health ministry, 10.1% of men and 4.2% of women worked over sixty hours a week in 2022.

Tim Craig, a researcher of Japanese culture, said that there is a certain social pressure associated with working overtime hours: “If they go home early, then their colleagues will (a) look askance at them, and (b) have to work more to cover for them. Either way, it’s not a good feeling.”

While Japan’s 2018 Workstyle Reform Act outlawed working more than 45 hours of overtime in a single month, it’s not uncommon for companies to force their employees to hide their true working hours or for employees to even do so of their own accord.

Additionally, only 7% of companies give their employees the legally mandated one day off per week. Japan has been trying to push a four-day work week since 2021, but it will take much more to entirely dismantle the deep-rooted idea that employees must give all of themselves to their company in order to thrive—Panasonic, one of the country’s leading companies, offered the option to 63,000 employees, and only 150 opted in.

A man asleep in a chair in an empty subway stop. — Image 2: A man asleep in a subway station, Source: Yahoo Images

Some companies employ shady business practices, operating what lawyers and academics call a “bait-and-switch” policy: employers will advertise a seemingly normal full-time position with reasonable working hours. The prospective employee is then offered a non-regular contract with longer hours and no overtime pay. If the employee refuses the job, companies might tell them that they will be given regular contracts after around six months. Younger applicants and women are particularly vulnerable due to a lack of experience or settling while trying to re-enter the workforce.

Another common issue is power harassment, which a reported third of the workforce has experienced. This is a common form of workplace harassment that has garnered attention across the past several decades and specifically involves someone in a higher position of power bullying a lower-ranking employee.

In 2020, the Power Harassment Prevention Act took effect, which outlines six types of power harassment, requires companies to take proper action against allegations of harassment, and ensures that workers aren’t dismissed for submitting complaints. However, Nikkei Asia reported in 2021 that complaints about workplace abuse had climbed to 88,000 cases a year, more than tripling in the past 15 years.

While these circumstances are not specific to Japan, they have certainly contributed to a phenomenon that was first identified there: karoshi, or death by overworking.

The History of Karoshi

Karoshi was first recognized in the 1970s and is a sociomedical term used to refer to fatalities or disabilities caused by cardiovascular attacks that are ultimately work-related. This includes strokes, cardiac arrest, and myocardial infarctions. The International Labour Organization’s case study into the phenomenon outlines the following typical case of karoshi: “Mr. A worked at a major snack food processing company for as long as 110 hours a week (not a month) and died from a heart attack at the age of 34. His death was approved as work-related by the Labour Standards Office.”

Related to karoshi is karojisatsu, which is suicide from overwork and stressful working conditions. This issue became prominent in the late 1980s—an economic recession during that decade forced employees who had managed to keep their jobs to work harder for longer hours to compensate.

Factors like repetitive tasks, interpersonal conflicts, inadequate rewards, employment insecurity, inability to meet company goals, forced resignation, and bullying create a psychological burden that has led countless workers to take their own lives. Japan’s white paper report revealed that in 2022, 2,968 people died by suicide linked to karoshi, an increase from 1,935 in 2021.

Hiroshi Kawahito, a workplace accident lawyer, told the Pulitzer Center in 2023 that he has worked on around 1,000 cases of karoshi during a 45-year-period, and despite repeated efforts by the Japanese government to combat suicide rates, he has not identified a significant change in the number of cases.

A group of Japanese citizens protesting karoshi on a street in Tokyo. — Image 3: A “No More Karoshi” protest in Tokyo in 2018, Source: Yahoo Images

He did note two concerning shifts over the course of his career: that karoshi-related suicide has become more common than cardiovascular attack, and that about 20% of his cases are now women, as they have begun to enter the workforce and experience sexual harassment at an overwhelming rate compared to their male counterparts.

A recent case of Kawahito’s from September 2023 involves the suicide of a 25-year-old actress from the musical theater company Takarazuka Revue, who was overworked and bullied by senior members. She logged a total of 437 hours in the final month of her life, of which 277 were overtime.

According to Kawahito, the actress worked without any days off for a month and a half and barely slept more than a few hours a night. Two years earlier, she suffered burns when a senior member pressed a hair iron against her forehead and faced immense pressure from the company. Kawahito claimed that “excessive work and power harassment damaged her physical and mental health, leading to her suicide.”

Governmental Response

Suicide was considered a taboo topic in Japan for decades; families affected were left with no outlet to cope with their loss. However, in 2006, more than 100,000 signatures were collected to push for legislation on suicide prevention, which led to The Basic Act of Suicide Countermeasures that went into effect the same year.

This act takes a three-pronged approach: social systems, local cooperation, and personal support creating relevant laws like the Act on Mental Health and Welfare. It provides support via relevant agencies at local and community levels, including hotlines and consultation services.

In 2016, the Basic Act was amended to require all prefectures and municipalities to establish local suicide prevention plans based on regional data collected by the National Police Agency. The General Principles of the Basic Act are also updated every five years to reflect current trends in suicide data.

The Work Style Reform Act of 2018 aims to promote a healthier work environment, setting overtime limits and establishing paid annual leave, as well as offering free consulting services and subsidies from the labor ministry. This has motivated the push for the four-day workweek, part of the ministry’s “innovating how we work” campaign.

Change might happen slowly in a society where values surrounding dedication and sacrifice are so deeply ingrained in its working population, but it is happening; between 2006 and 2022, the suicide rate has fallen by more than 35%. Efforts by the government to deter karoshi and combat the falling birth rate are in full swing and hope for a better future in Japan is still on the horizon.