International Symposium on Transnational Class and Citizenship 2017

International Symposium on Transnational Class and Citizenship 2017. 05. 20 @Rikkyo University JAPANESE FILIPINO CHILDREN (JFC ) AND JAPAN 　--CROSSROADS OF FAMILY, NATIONALITY, CLASS AND MIGRATION CHIHO OGAYA (FERRIS UNIVERSITY ) 2010. 03. 28 1

TODAY’S PRESENTATION • JFC(JAPANESE FILIPINO CHILDREN) CASE AS THE CONSEQUENCES OF IMMIGRATION CONTROL POLICY AND FAMILY SYSTEM IN JAPAN -LOOKING BACK THE HISTORY SINCE 1980 S • AMENDMENT OF JAPANESE NATIONALITY LAW (2009)AND ITS IRONIC CONSEQUENCES--- RECRUITMENT OF “SHIN-NIKKEI” (OR NEW JAPANESE FILIPINO =JFC) AND THEIR MOTHERS AS UNSKILLED WORKERS 2 • COMBINATION OF LEGAL “JAPANESENESS “ AND SOCIAL “FOREIGNNESS” OF JAPANESE FILIPINO AND THEIR STATUS

WHO ARE JFC? • JAPANESE FILIPINO CHILDREN, OR JFC, ARE LITERALLY MEANS THE CHILDREN WHO WERE BORN BETWEEN FILIPINO AND JAPANESE. HOWEVER, IN MANY CASES, THOSE CHILDREN HAVE FILIPINO MOTHER WHO CAME TO JAPAN AS ENTERTAINERS, AND JAPANESE FATHER WHOM THEIR MOTHERS MET AT THE WORKPLACE IN JAPAN. • MANY OF THOSE CHILDREN ARE NOT LEGALLY ACKNOWLEDGED BY THEIR JAPANESE FATHERS OR, 3 IN SOME CASES, THEY ARE CATEGORIZED AS ILLEGITIMATE CHILD SINCE THEIR JAPANESE

• THEREFORE, IN MANY CASES, THE CHILDREN FROM OUT-OF- FILIPINO-JAPANESE WEDLOCK, AS WELL AS OUT-OF-CONTACT FROM FATHERS, ARE CALLED ‘JFC` AND GROWN UP IN THE PHILIPPINES. • MANY OF THEM WERE ABANDONED BY JAPANESE FATHERS. • ESTIMATED MORE THAN 100, 000 JFC IN THE PHILIPPINES • THE VARIOUS RIGHTS OF THE CHILDREN ARE DEPRIVED BECAUSE THEY WERE BORN 4

MIGRATION OF “ENTERTAINERS” INTO JAPAN • REFLECTING THE STRICT IMMIGRATION POLICY THAT DOES NOT ACCEPT THE ENTRANCE OF SOCALLED “ UNSKILLED WORKERS”, ‘ENTERTAINER’ VISA HAS BECOME THE MOSTLY SOLE ROUTE FOR WOMEN MIGRANT WORKERS MAINLY FROM ASIAN REGION AND LARGELY FROM THE PHILIPPINES, TO ENTER JAPAN SINCE LATE 1970’S. 5

• THIS ENTERTAINER VISA SYSTEM ACTUALLY OPERATES AS THE WAY OF RECRUITING AND IMPORTING THE WOMEN TO WORK IN THE NIGHTCLUB, OTHER SEX INDUSTRIES UNDER THE DISGUISE OF ‘PROFESSIONAL ARTISTS’, WHICH IS ACCREDITED BY BOTH SENDING/PHILIPPINE GOVERNMENT AND JAPANESE GOVERNMENT NUMBERS OF THE YEARLY ENTRY OF ENTERTAINERS REACHED TO MORE THAN 80, 000 IN THE YEAR OF 2005 , UNTIL THE SYSTEM WAS CHANGED BY US 6 GOVERNMENT RECOMMENDATION.

• DUE TO THE LIMITED INTERACTION WITH JAPANESE SOCIETY, FILIPINO ENTERTAINERS BASICALLY COMMUNICATED ONLY WITH JAPANESE MALE CUSTOMERS. • SOME FILIPINO WOMEN GOT MARRIED WITH JAPANESE MEN ; OTHERS JUST GOT PREGNANT AND RETURNED TO THE PHILIPPINES AND 7 BECAME SINGLE MOTHERS.

• THOSE FILIPINO SINGLE MOTHERS AND THEIR JFC CANNOT SEEK THE HELP OR SUPPORT FROM JAPANESE GOVERNMENT, NEITHER PHILIPPINE GOVERNMENT ⇒IT IS“PRIVATE MATTER” FOR AUTHORITY 8

• THIS CHILDREN ISSUE BECAME TO BE PAID ATTENTION IN THE EARLY 1990 S, AS ONE OF THE CONSEQUENCE OF INFLUX OF FILIPINO ENTERTAINERS TO JAPAN FROM THE 1980 S. • NGOS AND LAWYERS ARE MAJOR SUPPORTERS 9

JFC AND THEIR NATIONALITY ISSUE : BEFORE 2009 AMENDMENT OF NATIONALITY LAW • FOR ILLEGITIMATE JFC, THE ONLY WAY TO ATTAIN JAPANESE NATIONALITY HAD BEEN THAT THEIR JAPANESE FATHERS LEGALLY ACKNOWLEDGE THEM WHEN THEY WERE STILL “FETUS” OR UNBORN. • EVEN IF A JAPANESE FATHER ACKNOWLEDGED HIS JFC DAUGHTER/SON AFTER HER/HIS BIRTH, THE 10 CHILD COULD NOT BE ELIGIBLE TO HOLD THE

• IT HAD BEEN CONCEIVED THAT, EXCEPT THE “FETAL ACKNOWLEDGEMENT(胎児認知）” PROCEDURE BY JAPANESE FATHER AND/OR THE LEGAL MARRIAGE OF PARENTS, THE CHANCE FOR ILLEGITIMATE JFC TO OBTAIN JAPANESE NATIONALITY ARE ALMOST IMPOSSIBLE. 11

• IN APRIL 2005, TOKYO DISTRICT COURT MADE A PROGRESSIVE DECISION THAT IT IS AGAINST THE CONSTITUTION THAT ILLEGITIMATE JFC, ACKNOWLEDGED BY JAPANESE FATHER ONLY AFTER THE BIRTH, CANNOT OBTAIN JAPANESE NATIONALITY. • QUESTION THE REQUIREMENT OF MARRIAGE INSCRIBED IN ARTICLE 3　OF THE NATIONALITY LAW, IN ORDER FOR THE CHILD TO OBTAIN THE NATIONALITY 12

WAY TO AMENDMENT OF NATIONALITY LAW: FILIPINO SINGLE MOTHERS AND THEIR SUPPORTERS’ MOVEMENT • IN MARCH 2006, NINE PAIRS OF FILIPINO SINGLE MOTHERS AND THEIR JFC WHO HAD BEEN LIVING IN JAPAN, FILED A CASE AS A GROUP. THEY WERE STRONGLY SUPPORTED BY NGO NETWORKS AND WON THE CASE AT THE REGIONAL COURT, HOWEVER, REJECTED AT THE TOKYO HIGH COURT. • ALL OF THE CHILDREN IN THIS GROUP RECEIVED THE PATERNAL ACKNOWLEDGEMENT AFTER THE BIRTH AND APPEALED THE COURT TO RECOGNIZE THEIR JAPANESE NATIONALITY. 13

• FINALLY IN JUNE 2008, JAPANESE SUPREME COURT RULED THAT THE REQUIREMENT OF MARRIAGE INSCRIBED IN ARTICLE (3) OF THE NATIONALITY LAW, IN ORDER FOR THE CHILD TO OBTAIN THE NATIONALITY, IS DISCRIMINATIVE AND UNCONSTITUTIONAL. • JUDGES POINTED OUT THE CHANGES OF DOMESTIC , AS WELL AS INTERNATIONAL, SOCIAL ENVIRONMENTS, SUCH AS FAMILY LIVES AND PARENT-CHILDREN RELATIONSHIPS. 14

• ON DEC. 12, 2008 (EFFECTIVE ON JAN. 1, 2009), JAPANESE NATIONALITY LAW WAS AMENDED. ・・・＞REQUIREMENT OF THE “MARRIAGE “ OF THE PARENTS ARE REMOVED. 15

16 Asahi Shimbun 2008. 06. 05

IMPLICATION OF AMENDMENT IN THE OPTIMISTIC WAY… • JFC AND THEIR PARENTS FORMALLY OBJECTED TO THE CONCEPT OF “FAMILY=NATION” UNIFICATION IN JAPAN, WHICH ONLY LEGITIMATIZE THE FAMILY BASED ON LEGAL MARRIAGE, AND CONSEQUENTLY, RECOGNIZE ONLY THE MEMBERS FROM SUCH “STANDARD” FAMILY AS JAPANESE NATIONALS. • AS A SOCIAL GROUP, THOSE MIGRANT WOMEN AND MIXED--SOMETIMES MARGINALIZED--17 CHILDREN COULD REPRESENT THEMSELVES AS

• AS OF 2014, AMONG THE TOTAL APPLIED FOR THE JAPANESE NATIONALITY 3, 548(62. 3%) ARE FORMER FILIPINO NATIONALS. (TAKAHATA 2016) 18

ANOTHER CONSEQUENCE -JFC AS NEW “ UNSKILLED WORKER” • PRIVATE BUSINESS SECTOR HAS STARTED TO BE INTERESTED IN RECRUITING THESE JFC ( OR JAPANESE FILIPINO YOUTH: JFY) AS A NEW LABOR SOURCE FOR JAPAN. • EVEN INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM), ALSO STARTED THEIR PILOT PROGRAM TO BRING JFY FROM THE PHILIPPINES TO JAPAN WITH THE COOPERATION OF LOCAL GOVERNMENT IN JAPAN AS WELL AS BUSINESS 19 SECTOR, TO GIVE THE JOB OPPORTUNITY FOR

• ALTHOUGH SOME NGO DOES NOT AGREE WITH THIS KIND OF PROJECT WHICH SEND JFC/Y TO JAPAN AS POTENTIAL WORKERS, OTHER GROUPS, SOMETIMES IN THE GUISE OF “NGO”, HAVE STARTED TO RECRUIT THEM (BOTH JFC/Y AND THEIR MOTHERS) FOR THE ELDERLY CARE SECTOR, WHICH IS MOST HARD AND LOW-PAID SECTOR IN JAPAN. • CYCLE OF EXPLOITATIVE MIGRATION FOR “CARE” SECTOR --FROM “CARE FOR BUSINESSMEN” TO “CARE 20

CASE OF JUJU EXPLOITATIVE CONTRACT BETWEEN EMPLOYERS AND FILIPINO MOTHER • A PROVIDER OF NURSING-CARE SERVICES IS REQUIRING THAT FILIPINO JOB APPLICANTS SIGN A STATEMENT ABSOLVING THE COMPANY OF ANY RESPONSIBILITY SHOULD THEY DIE IN JAPAN, ACCORDING TO A STATEMENT WHICH WAS OBTAINED. • THE STATEMENT, WRITTEN IN BOTH JAPANESE AND ENGLISH, SAYS, ”. . . IN CASE OF LOSS OF LIFE OF THE UNDERSIGNED THROUGH NATURAL CIRCUMSTANCES WHILE IN JAPAN, I RELEASE, WAIVE AND FOREVER DISCHARGE JUJU CORP. , ITS OFFICERS, DIRECTORS, REPRESENTATIVES OR EMPLOYEES FROM ANY ACTION 21 FOR SUMS OF MONEY OR OTHER OBLIGATIONS ARISING. ” (JAPAN TIMES 2014 JUNE 13)

• OTHER JFC ARE ALSO RECRUITED TO THE MANUFACTURING SECTOR IN TOKAI AREA • SOME, STILL AT SCHOOL AGE, ARE STUDYING AT JAPANESE PUBLIC SCHOOL AS DE FACTO “ FOREIGN STUDENTS” 22

LOOKING BACK WHAT HAVE HAPPENED -MIGRATION AND FAMILY BETWEEN JAPAN AND THE PHILIPPINES • CHALLENGES MADE BY JFC AND THEIR MOTHERS TO JAPANESE FAMILY ARE ONE OF THE CONSEQUENCES OF THE GENDERED IMMIGRATION POLICY OF JAPAN. • RESTRICTIVE IMMIGRATION CONTROL REFLEXIVELY UNDERMINE ITS PERCEIVED GROUND OF NATION. 23

• APPEAL OF JFC AND THEIR FILIPINO MOTHERS FOR THE AMENDMENT OF NATIONALITY LAW COULD HAVE A POSSIBILITY TO UNBIND THE STRONG “NATION- (AUTHORIZED) FAMILY” LINK IN JAPAN. • HOWEVER, LEGAL “JAPANESENESS “ AND SOCIAL “FOREIGNNESS “ OF JAPANESE FILIPINO HAVE MADE THEM MORE ATTRACTIVE FOR JAPANESE INDUSTRIES; AS NEW SOURCE OF CHEAP LABOR. 24

• REPRODUCTION OF WORKING CLASS ACROSS THE BORDERS AND GENERATION? • JFC WHO CAME TO JAPAN IN THE SCHOOL AGE MIGHT BE ABLE TO CLIMB UP THE CLASS LADDER THROUGH EDUCATION? 25

• OF COURSE, FOR JFC THOSE WHO HAVE BEEN SUFFERING FROM THE POVERTY AND LACK OF OPPORTUNITIES DUE TO THE ABANDONMENT OF THEIR JAPANESE FATHERS, IT COULD BE THEIR STRATEGY TO MAKE USE OF THE RECOGNITION OF JAPANESE FATHER, WITH ANY MEANS, TO ACCESS THE OPPORTUNITIES TO WORK IN JAPAN, 26 EVEN THOUGH UNDER THE HARSH CONDITIONS.

CROSSROADS OF FAMILY, NATIONALITY, CLASS AND MIGRATION 27