Japan’s new labor policy puts labor-short Taiwan on notice

TAIPEI – In April, Japan undertook a policy initiative meant to alleviate problems caused by its rapidly graying population, including labor shortages, rural depopulation and increasing pressure on social services.

Key to the policy is a visa plan to bring in more foreign labor over the next five years, including 345,000 blue-collar workers from China and Southeast Asia.

To attract quality workers, Japanese planners are trying to not only correct past problems, but also let “qualified migrants” stay longer, bring their families, and in some cases become citizens.

Such changes will alter the social fabric of a nation long resistant to immigration. But more generous work visas will also increase competition for migrant labor in the region, especially among advanced economies with similar demographic problems and a poor record of hosting visiting workers.

Taiwan is a case in point.

With one of the lowest fertility rates in the world, Taiwan will soon surpass Japan in the ratio of elderly to young residents, with projections suggesting that by 2065 there will be only one working-age Taiwanese for every retiree.

Policymakers have responded with pension reforms designed to keep people working longer, investments in robotics and artificial intelligence, and programs to encourage women to have more children while staying employed.

As useful as such efforts may be, experts agree that for economies like Taiwan, a viable demographic future depends on immigration — a mechanism that might be further complicated by Japan.

Commenting on Tokyo’s new policy, Taiwan’s Lo Ping-cheng, Cabinet minister for migrant labor, said attracting foreign labor was bound to become more difficult as the region improves and Southeast Asians become less likely to seek jobs abroad.

However, “if Japan begins offering better terms, we’ll be in trouble,” he said.

Taiwan began importing foreign labor in 1989, when Thai workers were brought in to help with highway construction. The 1992 Employment Service Act provided the legal basis for such hiring beyond state infrastructure projects, and today there are about 800,000 foreign people working in Taiwan. The majority are unskilled laborers in sectors ranging from fishing and manufacturing to domestic service and elderly care.

But while Taiwan has experience, 30 years of hosting foreign workers has not always gone well, with exploitation and mistreatment rampant in many sectors.

Complaints include overwork, unpaid wages, dangerous working conditions and intimidation. Sexual assault claims have also been made. Because those sectors fall outside the labor laws, domestic workers and fishing crews are paid below minimum wage and are regular victims of forced labor.

Wu Jing-ru of the Taiwan International Workers’ Association makes Lo’s point more bluntly.

“If Taiwan wants to attract quality workers, treat them better,” she said.

By Wu’s account, the main problem lies with the nation’s private labor brokers. These people can obtain visas for a substantial fee. They also collect a monthly fee from workers and assess additional charges for such services as housing and health care.

Aside from the fees, which cut deeply into earnings that would otherwise be sent home, the broker system is widely suspected of exploitation. Such corruption takes the form of payments to ignore abuse, for example, and to see that regulations remain biased, such as a rule that ties workers to specific employers so they cannot leave bad jobs or seek better ones.

Rules like these clearly favor brokers and employers.

But policymakers are unlikely to make sweeping changes, such as doing away with the private broker system altogether.

More likely will be a series of incremental reforms as the market for foreign labor tightens and legislation must match what is offered elsewhere.

Such changes have already occurred for white-collar professionals. About 32,000 foreign professionals work in Taiwan, and most are treated far better than blue-collar migrants. Indeed, 15,000 qualify as permanent residents, a status that does not require brokers, visa renewal, or even steady employment as individuals can leave jobs when they wish.

Things were not always this way.

An arrival in the mid-1990s, university professor David Stewart recalls renewing immigration documents each year at the police station and standing in line with laborers from Thailand and the Philippines for mandatory health checks in the basement of a hospital.

“On the job regulations often treated foreigners differently: limits on research funding, for example, contract-dependent visas and reduced pension benefits,” Stewart said.

The change began when it became clear that Taiwan’s economic needs were exceeding its human capital, and policymakers began drafting laws to attract applicants in the competitive marketplace for professional talent.

In 1999 qualifications for permanent residency were established. Three years later the rules were changed so foreign professionals would receive the same pensions as their Taiwanese colleagues.

Lawmakers have continued to amend these and other policies, making them fairer and more inclusive.

“Conditions have greatly improved,” Stewart said.

By raising the bar for foreign labor, Japan’s expanded visa program promises similar improvements, and not just for workers.

Ian Goldin, professor of global development at Oxford University, points out that immigrants provide more than cheap labor. To aging communities, they bring youth, incentive, new ideas and new blood. As dozens of Western countries attest, given the chance, newcomers stay, raise families, start businesses and, in time, become proud citizens of new homes.

Critics point to the rise of xenophobia in the United States and the European Union as a reason to resist immigration in Asia. Yet despite recent troubles, many such countries, as well as others like Canada and Australia, have been remarkably successful in assimilating immigrants and accepting them into their communities.

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Looking to such a future, Taiwan’s Education Ministry recently added seven Southeast Asian languages to school curricula from first grade to college, enabling children from the region to use their native tongues at school and Taiwanese to learn the languages and cultures of their neighbors.

Similarly, to facilitate the cross-border movement of its migrants, the Philippine trade office in Taipei has been offering Mandarin classes and other training programs.

In the private sector, businesses, too, are reaching out, providing multicultural media, while Muslims have remarked favorably on the growing availability of public prayer rooms and halal-certified foods.

Defense chief Takeshi Iwaya to meet new U.S. counterpart Mark Esper in Japan on Wednesday

Defense Minister Takeshi Iwaya said Friday he will hold his first face-to-face talks with U.S. counterpart Mark Esper next week in Japan.

Iwaya told a news conference that during the meeting next Wednesday he wants to discuss ways to strengthen defense cooperation with the new U.S. defense secretary.

The cost of host-nation support for U.S. forces stationed in Japan, a U.S.-led coalition to ensure safe passage through the Strait of Hormuz and a series of recent missile tests by North Korea are expected to be on the agenda.

The Pentagon said earlier this week that Esper, who took office on July 23, will visit Australia, New Zealand, Japan, Mongolia and South Korea from Friday.

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Low voter turnout in Upper House election may reflect an indifference to democracy

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In May 1993, general elections were held in Cambodia. Voter turnout was 89.56 percent.

People who don’t have democracy want it — very badly. Traumatized by 30 years of war, genocide, dictatorship, hunger — just about every evil into which a state can sink — Cambodians swarmed polling stations to elect, under U.N. auspices, a postwar government.

A measure of their eagerness is the obstacles they had to defy. Poor transportation was the least of them.

Terrorists opposing the elections “proclaimed that anyone who voted … would be considered ‘traitors to the nation,’” wrote Northern Illinois University cultural anthropologist Judy Ledgerwood on the university website. “The intimidation included following people, verbal threats, firing weapons near party offices, arresting or otherwise harassing friends or relatives of party activists and, in some cases, murder.”

To vote in Cambodia in 1993 was literally to put your life on the line.

Japan, its democracy secure, holds elections regularly. Its latest one was on July 21. It went as smooth as silk. No threats, no violence, no arrests, no harassment. Voter turnout was 48.8 percent.

It was the second-lowest turnout in Japan’s postwar democratic history. The spark that fired the Cambodians was evidently missing. This is surprising. Critical issues abound. Have voters nothing to say about them?

That cannot be. The economy struggles; poverty spreads; society ages. Indifference is possible regarding matters that have little direct bearing on daily life — the government’s honesty or dishonesty, for example; foreign relations; the concentration of power in the prime minister’s hands at the expense of the Diet; the languishing opposition. Busy and distracted beyond a certain point, you might well say, “Let others worry about that.” It may be unwise; you may unwittingly be undermining your democratic freedom — but that’s up to you. That, too, is democratic freedom.

To be indifferent to the economy and the state of society, however, is roughly equivalent to being indifferent to the state of your own health. It’s logically impossible.

There is in fact no such indifference. The flurry that followed the release in June of the Financial Services Agency’s report suggesting we need savings of ¥20 million to live in dignified retirement to age 95, a life span now commonplace, proves it. Who has ¥20 million?

Not most people. Finance Minister Taro Aso promptly rejected the report, saying it has caused “misunderstanding and anxiety.” Anxiety, for sure. “Misunderstanding” suggests the anxiety is delusional. Which raises a question already referred to: Is the government honest?

There are reasons to doubt it. On at least three separate occasions since Prime Minister Shinzo Abe took office in December 2012, members of his administration have been caught covertly rewriting official documents. Two of these occasions — the heavily discounted sale of public land to nationalist school operator Moritomo Gakuen and fast-track government approval of a new veterinary school to be run by Kake Gakuen — involved seemingly preferential treatment for close friends of Abe’s. The third concerned the dispatch of Self-Defense Forces peacekeepers to South Sudan. The troops were withdrawn in May 2017 amid controversy over whether their deployment there was legal under the Constitution, whose war-renouncing provisions Abe has radically reinterpreted — almost out of existence, critics say.

Very few, if any, Japanese citizens of voting age are unaware of this. It has received intense and exhaustive coverage over the years.

A forgiving response is possible. “All governments lie,” you might argue, “it comes with the territory; lies lubricate the governing machinery; truth is a virtue but also a vulnerability” — and so on.

Generally speaking, though, democratic citizens resent being lied to by the people they elect to represent them. When the next election comes along they vent their indignation. It’s an important privilege — right, rather — as is, of course, the right to show support in the name of realism.

More than half the electorate — 51.2 percent — did neither.

Foreign relations, in Japan’s case, means, overwhelmingly, Japan-U.S. relations. Abe has gone to great lengths to ingratiate himself with U.S. President Donald Trump, going so far as to nominate him, upon request, for a Nobel Peace Prize.

Does it matter? Maybe not, but it’s hard not to have an opinion about it, positive or negative. Positively, you might say Abe is doing everything possible to defend Japan’s long-term interests, even at the cost of some personal dignity. Negatively, you can say the loss of dignity is not only his but Japan’s; that such effusive friendliness to a highly idiosyncratic president whom history seems likely to judge harshly is by no means in the national interest, especially if, as some fear, it draws Japan into an ill-considered war with Iran.

In the election aftermath, the Asahi Shimbun polled eligible voters and found them in a state perhaps best described as resigned apathy.

Thirty-two percent of respondents said they have “no interest in politics.” Forty-three percent said, “Even if I vote, nothing will change.” Young people, traditionally the most discontented and activist segment of the population, seem even more disengaged than their elders.

Eighteen- and 19-year-olds, given the vote amid much fanfare three years ago, said en masse, in effect, no thanks — 68.67 percent of them didn’t vote; 48 percent of respondents aged 18-29 told the Asahi they had “no interest in politics.”

Presumably they are interested in their salaries, which Weekly Playboy magazine (Aug. 5), citing labor ministry statistics, says are going down — not up, despite government assurances of economic recovery. Weekly Playboy is geared toward young readers. Its message to them is: “Wage decline times consumption tax hike (in October) equals hell.” The implied subtext is: “Vote!” “What for?” is the implied reply.

Japan’s democratic machinery is visibly functioning, and yet two major dailies cast doubt on Japan’s status as a democracy.

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The Asahi Shimbun, in a postelection editorial, said, “If political parties and politicians are as far estranged from popular opinion (as the voting rate suggests), democracy itself is on the brink of crisis.”

The Mainichi Shimbun said: “The result (of poor and steadily declining voter turnouts) is that representatives of the people are elected in national polls where only about half of the voting population cast their ballots. … It can be said that the foundations of Japan’s parliamentary democracy are beginning to fall apart.”

Big in Japan is a weekly column that focuses on issues being discussed by domestic media organizations. Michael Hoffman’s latest book is an essay collection titled “Fuji, Sinai, Olympos.”

Leicester draw up five-man £139m shortlist to replace Maguire

Leicester have five potential replacements for Harry Maguire in mind – but are not interested in Lewis Dunk.

Maguire is expected to complete his world-record move to Manchester United by Monday, leaving Leicester with £85m to spend on his replacement.

It was previously thought that Brendan Rodgers might trust his existing options, with Wes Morgan, Jonny Evans, Caglar Soyuncu and Filip Benkovic bridging the gap between youth and experience.

But the Foxes plan to spend some of the Maguire windfall to bring in a player capable of filling the void instantly.

James Tarkowski leads the shortlist, with the Burnley centre-half valued at £40m.

Rob Dorsett of Sky Sports says that reported Manchester City target Nathan Ake is another possibility at the same price, with Dunk not being considered.

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He adds that Leicester are ‘wary’ that Maguire’s departure ‘might inflate asking prices’, which makes the Daily Star’s exclusive that Celtic’s Kristoffer Ajer could join a little more believable.

Rodgers deems the 22-year-old ‘a long-term successor’ to Maguire due to his size, and the player ‘favours a move to England over Italy’ despite interest from Milan.

Another cut-price option is Christian Kabasele of Watford, with The Sun linking the Belgian to the King Power Stadium.

But Spanish newspaper Marca believes Leicester are ‘determined’ to sign Djene Dakonam of Getafe. The 27-year-old has a release clause of around £32m, with ‘many Premier League sides enquiring’ as to his availability.

 

Arsenal respond to reports of £22.8m interest in Coutinho

Arsenal have ‘denied’ suggestions that they are close to signing Philippe Coutinho on loan from Barcelona.

Reports emerged earlier this week that a Premier League side were in negotiations over bringing Coutinho back to England for the season.

Such a move would involve a gargantuan loan fee, initially said to be £27m but now clarified by Mundo Deportivo to be £22.8m.

The same newspaper says Arsenal have ‘denied’ that they are the club who have struck a deal – ‘although in this case they did not hide their desire that could come true’.

Sources close to Coutinho say that no such transfer will take place whatsoever, nor would he ‘be willing to accept such treatment’.

The Brazilian would consider a permanent move away but none of the linked Premier League teams will be able to negotiate a deal before Thursday’s transfer deadline. Coutinho’s only likely destination is PSG.

Oh, and…

 

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Inter look to sabotage Juve swap deal for £64m Man Utd man

Inter Milan are set to come back into the race for Romelu Lukaku with one final offer for the Manchester United striker, according to reports.

Juventus are reportedly willing to offer up Paulo Dybala in exchange for Lukaku, with the Daily Mirror recently suggesting United would receive a cash sum as well as the 25-year-old.

However, Dybala seems less than sure about a move to United and the deal isn’t quite over the line yet.

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Inter Milan were previously understood to be the most likely to complete a move for Lukaku but speculation surrounding a move to the San Siro has dried up slightly.

However, Corriere della Sera (via Calciomercato) claims that Inter Milan are now looking to hijack Juventus’ move for the Belgium international and will increase their last offer of €60m (£55m) to €70m (£64m).

The report does not say whether United would be interested in a deal with a potential swap for Dybala still understood to be on the table.

 

Brighton land Webster from Bristol City for £20m

Brighton have strengthened their defence with the signing of Adam Webster from Bristol City as the possible domino effect of Harry Maguire’s move to Manchester United is felt.

The club would not comment on the terms of the deal but reports suggest Brighton have paid what would be a club-record £20million fee for the 24-year-old, who has signed a four-year deal.

Webster’s arrival comes as Lewis Dunk is being widely linked with a move to Leicester as a replacement for Maguire, who is set to move to Old Trafford after United agreed a fee of £85million for the England man on Friday.

Brighton head coach Graham Potter, who faced Webster while managing in the Sky Bet Championship last season, said: “Adam is a player the club has been aware of for some time, and someone we came up against last season at Swansea City.

“He is a quality defender, comfortable on the ball, fits the profile of the type of player we want to bring to the club, and he was very keen to join us.

“He is still relatively young but has good experience from the number of games he has played. Predominately a centre-half, he can also play at right-back, and he will bring additional competition alongside our existing defensive options.”

Webster spent only one season at Ashton Gate, having joined from Ipswich last summer for a reported fee of £3.5million with clauses potentially taking that to £8million.

The former Portsmouth defender made 47 appearances for City last season, scoring three goals.

He has also worked with Brighton’s technical director Dan Ashworth while featuring for England at under-18 and under-19 level earlier in his career.

Brighton’s previous record transfer was the £17million paid to Dutch club AZ Alkmaar for Iran winger Alireza Jahanbakhsh.

 

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ASEAN nations hope Japan and U.S. can ‘shape’ behavior of China, Thai expert says

BANGKOK – While the Association of Southeast Asian Nations has grown concerned about the impact on the region of trade tensions between the United States and China, the 10-member group has high hopes that Japan and China will step up cooperation in spurring the regional economy and development, according to a veteran Thai journalist.

Welcoming China’s role as a major provider of economic aid and investment for ASEAN, Kavi Chongkittavorn, a columnist for The Bangkok Post and senior fellow at Chulalongkorn University, takes a cautious view of Beijing’s security posture, especially with regard to its militarization and recent missile tests in the disputed South China Sea.

Now that Tokyo-Beijing ties have improved markedly — with China having warmed to Japan as the U.S.-China tariff war shows no signs of easing — Kavi pointed to the significance of a new Japan-China initiative for promoting joint economic cooperation projects in third countries.

“As the current ASEAN chair, Thailand would like the two countries to carry out more projects in the region, hoping that Japan will guide China into following international standards such as ensuring transparency in investment and debt sustainability of recipients,” he said in an interview Wednesday in Bangkok.

The two governments launched the initiative during Prime Minister Shinzo Abe’s visit to Beijing last October. Japanese and Chinese companies and economic organizations made deals for more than 50 projects in infrastructure, finance, information technology and other areas — including one for the development of an energy-efficient smart city in Thailand.

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“Both countries have what the region needs,” Kavi said, speaking on the sidelines of ASEAN-related foreign ministerial meetings in the Thai capital. “China has the capital and manpower, while Japan has the technological expertise and sophistication.”

He also called for increased efforts by Japan and China to conclude negotiations this year for the Regional Comprehensive Economic Partnership, a 16-member Asian free trade agreement he said is “pivotal in warding off future negative impact from uncertainties.”

Kavi is a known regional affairs expert, having written extensively on ASEAN and its external relations for four decades. He was a longtime journalist with The Nation, an English-language daily in Thailand, except for a 1994-1995 stint in Jakarta as a special assistant to the ASEAN secretary-general.

Along with ASEAN policymakers, he sees stable Japan-China and U.S.-China relations as vital for the development and security of Southeast Asia, especially as trade tensions between the U.S. and China — the world’s two largest economies — have led to a slowdown in the global and regional economies.

Last month, the International Monetary Fund revised down an estimated 2019 growth rate for five ASEAN members — Indonesia, Malaysia, the Philippines, Thailand and Vietnam — by 0.1 percentage point from an April forecast to 5 percent. That compares with a 5.2 percent growth rate in 2018.

“The U.S.-China dispute was discussed seriously when ASEAN leaders met in June in Bangkok,” Kavi said. “They wanted to know what would be the endgame, and most of all what would be the new U.S. objectives in Southeast Asia.”

The U.S. withdrawal from the Trans-Pacific Partnership in 2017 has also increased uncertainties in the region given that President Donald Trump has weakened his nation’s leadership in the advancement of free trade and multilateralism in pursuit of his “America First” policy.

In response to China’s rising clout in the region both economically and militarily, Trump unveiled a “Free and Open Indo-Pacific Strategy” during his first trip to Asia as president in November 2017. But he did not attend the East Asia Summit and the Asia-Pacific Economic Cooperation summit last year, raising doubts about the superpower’s commitment to the region.

While emphasizing the importance of de-escalating tensions in the South and East China seas, Kavi dismissed the suggestion that ASEAN should side with the United States and Japan in countering China, a country critics see as undermining the free, open and rules-based international order.

“ASEAN does not take sides between a rivalry between the United States and China, and Japan and China,” he said, alluding to the bloc’s reluctance to provoke Beijing, a major aid donor and trading partner. “We would like to maintain good relations with major powers including Japan, China and the United States.”

Advocating an Indo-Pacific based on the rule of law — not the use of force and coercion — Japan has opposed China’s muscle-flexing in asserting territorial claims in the South China Sea because Tokyo is also embroiled in a row with Beijing over the Senkaku Islands, a group of East China Sea islets administered by Japan but claimed by China and Taiwan.

China has conflicting territorial claims with four ASEAN members — Brunei, Malaysia, the Philippines and Vietnam — as well as Taiwan in the South China Sea, a strategic waterway through which more than one-third of global trade passes.

“ASEAN does not want to become a theater for major power rivalry,” Kavi said. “What we expect Tokyo and Washington to do is to shape Beijing’s behavior in a way that complies with international law and norms.”

New Chinese history textbook to stress territorial rights over Japan-administered Senkakus

BEIJING – A new Chinese history textbook will stress that the disputed Senkaku Islands in Okinawa Prefecture have been part of China since ancient times, according to the Global Times, a newspaper affiliated with the Communist Party of China.

With China Coast Guard ships active around the Japanese-administered islands, claimed as Diaoyu in China and Tiaoyutai by Taiwan, the leadership of Chinese President Xi Jinping may look to further strengthen China’s territorial claims, pundits said.

China claims the Senkaku Islands in the East China Sea are an indivisible part of its territory.

The new textbook for high schoolers to be used from September will likely include historical explanations of the Senkaku Islands based on interpretations by the Chinese side, including one that the Ming dynasty ruled the islands, the newspaper’s Friday edition said.

According to experts involved in drawing up the textbook, they will aim to form the correct understanding of history by strengthening education on territorial integrity.

The textbook will also stress that the South China Sea and the Xinjiang Uighur and Tibet autonomous regions, as well as Taiwan, were parts of ancient China.

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Past participants in Japan’s lay judge system reveal its challenges

“The accused was sitting right there, so close to me, and yet I felt like there was an unbridgeable distance between us.”

Tomomitsu Shibuya, a 55-year-old pastor from the city of Aomori who served as a lay judge almost 10 years ago, recalls the day that he sat in the Aomori District Court for the trial of a man accused of robbery and sexual assault.

It was the first trial in the Tohoku region involving lay judges and the first sexual assault case in Japan to be tried using them.

During the three days of the trial, Shibuya’s emotions wavered between empathy and outrage against the defendant, who was 22 years old at the time.

Upon hearing the victim’s statement on the first day, Shibuya’s first reaction was fury, as he imagined that the case could have happened to his daughter.

But on the second day, Shibuya found that the accused had his own burdens as well. His father had left the family, and his mother had died when he was young.

“I kept wondering whether there couldn’t have been a way for someone to reach out to the defendant before he committed such a terrible crime,” Shibuya said.

During deliberations, Shibuya raised the question of rehabilitation, asking the professional judges what kind of re-socialization programs would be available for the accused in prison.

The presiding judge refrained from giving a straight answer, merely saying that they would check and get back to Shibuya.

“It was almost like the judges hadn’t given much thought to what life for the defendant would look like after prison,” Shibuya said.

Ultimately, the man was handed a guilty verdict with a sentence of 15 years in prison, just as prosecutors had requested.

But following Shibuya’s suggestion, the presiding judge told the man in the end: “This sentence reflects our belief that you deserve a second chance. It is not a sentence to show we have given up on you.”

Looking back on his experience, Shibuya believes that the trial he participated in “had more room for compassion than ones with only professional judges.”

A decade has passed since the criminal justice system underwent a major overhaul and introduced the lay judge system for the first time amid much controversy.

In Japan’s lay judge system, six randomly selected people serve as civilian judges alongside three professionals to jointly deliberate on the verdict and sentence. The lay judge system only applies to criminal cases that carry a heavy sentence.

During those ten years, some 89,000 people have sat in during trials as a lay judge, and what they have taken away from that experience has revealed the challenges of the system.

One issue is the low appetite among the public for judicial participation.

In 2009, 83.9 percent of the candidates who were asked to come to the selection process at district courts to become a lay judge actually showed up. That figure, however, has since seen a steady decrease to mark 67.5 percent in 2018.

“The reason why participation rates are low is the same as why voting rates are low. People are too preoccupied with their own lives and they don’t want to get involved in something so burdensome,” said Shibuya.

But his experience at the court led him to set up a nonprofit organization two months later that encourages interaction among families in his community, in the hope of supporting parents and children in need.

The organization organizes cleanup campaigns and camps for families, and has also sent daily necessities to disaster-hit regions in Iwate Prefecture following the 2011 Great East Japan Earthquake.

“I mean, how dismal a world would it be if people just got sentenced and that was it,” Shibuya said. “I want to convey to people what I learned by being a lay judge, which is the importance of people supporting and caring about each other.”

Emotional distress

Yet, for others, the experience of being a lay judge was one that turned into a huge burden to carry, rather than a force for greater good.

Such was the case for a woman in her 60s from Koriyama, Fukushima Prefecture, who sat on the lay judge panel in March 2013 for a murder-robbery case at the Koriyama branch of the Fukushima District Court.

Eight days after the sentencing, the woman was diagnosed with acute stress disorder and is still seeing a doctor.

At the first day of the trial hearings, lay judges were shown color photographs of the crime scene, as well as the victim’s dead body, on a large screen. A voice recording of the victim pleading for help when calling for an ambulance right before dying was also played at court.

The woman couldn’t help but throw up during the break.

Suppressing her nausea, the woman still participated in the deliberations. But when the judges decided to give the defendant a death sentence, she was overwhelmed with an indescribable sense of guilt.

She filed a lawsuit against the government seeking damages and questioning the validity of the lay judge system. The lawsuit went as far as the Supreme Court after the plaintiff appealed to the Sendai High Court, but in 2016 she lost.

However, in handing down a ruling at the Sendai High Court, the presiding judge, while defending the court’s need to show the photograph of the corpse as presentation of evidence, also noted the need to discuss ways to alleviate the emotional distress of lay judges.

The impact was sweeping.

In cases where photographic evidence of corpses or injuries were presented at court, prosecutors were asked to provide it either as a black-and-white picture or create an illustration of it instead.

In addition, judges became more mindful about allowing small breaks during hearings out of consideration of any distress lay judges may be experiencing.

Profound sense of loneliness

Still others experience a profound sense of loneliness following sentencing, owing to their obligation not to speak about the trial.

Kazutoshi Horimoto, 74, of Sendai, served as a lay judge for a robbery and rape case held at the Sendai District Court in March. Although he believes the experience was worthwhile, there is one thing he regrets.

Although Horimoto had wanted to exchange contact details with his fellow lay judges after the trial was over, he couldn’t bring himself to ask out of concern that he would be too intrusive. He watched them go home, one by one, never to be seen again.

Given the confidentiality obligation that all lay judges bear, the only people Horimoto could have reflected and talked openly about the case with would have been the fellow lay judges.

At the hearing, the prosecutors and defense were at complete odds with one another, and the debate focused on whether the defendant was guilty or innocent. Ultimately, the defendant was given a guilty verdict with 15 years in prison, as requested by the prosecutors.

“I don’t regret the sentence we decided to hand out. But given that the defendant had insisted he was innocent, I’m still a bit hung up about it,” Horimoto said. “It’s frustrating to have to keep this to myself when I want to talk it out.”

In trials where the sentences may be heavy, court staff gently nudge lay judges to exchange contact details, but such instances are rare.

Even if one were to contact the court to ask for the contact details of other lay judges, the list of lay judges is destroyed soon after sentencing and there is no way for the court to respond to such requests.

Junya Ota, a 51-year-old employee at the city office in Kuroishi, Aomori Prefecture, also said he felt a sense of loneliness when he served as a lay judge five years ago at the Aomori District Court for a case of robbery resulting in injury.

“Lay judges called each other by assigned numbers throughout the deliberations. I couldn’t quite grasp what information we were supposed to keep confidential,” he said.

“We ended up never giving our names or talking about our professions,” he added.

But in December, Ota participated in a gathering held at Senshu University in Tokyo convened especially for former lay judges, where they can share their own experiences and discuss how the system could be improved.

Some talked of the struggle of discerning the facts despite a lack of evidence. Others said that they felt better after having a heart-to-heart with a fellow lay judge after the sentencing.

With the 30-odd people in attendance all sharing their thoughts and concerns, Ota felt less alone, like a burden had been lifted from his shoulders.

The increasing rate of people declining court requests to become a lay judge was also mentioned at the gathering. As many as 67 percent declined in 2018, up 14 percentage points from 2009.

One of the reasons for the steep decline rate is said to be the difficulty of taking leave from work, considering that the average length of a trial was extended from 3.7 days in 2009 to 10.8 days in 2018.

Ota admits that even his colleagues weren’t so happy about him taking up the task, although he is a public servant.

“Former lay judges have the responsibility to raise awareness of both the system’s strengths and weaknesses — the ones that the public at large may not yet be aware of,” Ota said.

This section features topics and issues from the Tohoku region covered by Kahoku Shimpo, the largest newspaper in Tohoku. The original articles were published on April 23, 25 and 26.

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