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Japan
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Japan exhibits high-range performance across three categories of the Global State of Democracy framework: Representation, Rights and Rule of Law. It performs in the mid-range with regard to Participation. It is among the world’s top 25 per cent of performers in all factors except Inclusive Suffrage, Gender Equality, Civil Society and Electoral Participation. In the last five years, there have been declines in Effective Parliament, which may be attributed to several government scandals including a recent political funding crisis that raised questions about the legislature’s ability to hold leaders to account. Japan is home to one of the world’s strongest economies, with manufacturing and services constituting its largest industries.
Post-WWII Japan has been stable and dominated by the conservative Liberal Democratic Party of Japan (LDP). Political and electoral reforms in the 1990s, which included a new electoral system (a parallel system replaced a single non-transferable vote system) and stricter political funding rules improved the quality of democracy by increasing transparency, reducing corruption, and promoting policy-based electoral campaigns. However, reforms were also criticized for failing to address malapportionment between urban and rural voters and for facilitating factionalism, which continues to manifest. Japan has struggled with low electoral turnout, due in part to one-party dominance and youth disengagement. Finally, some experts have questioned judicial and media independence in recent years.
A major political division comes from “the pacifist clause” (Article 9) of the Constitution and the role of the Self Defense Force, which have frequently sparked public protests against the LDP’s pursuit of constitutional revision. The revision includes clarifying the role of the Self-Defense Force and claiming the right to collective self-defense. Accelerated by growing concerns about the risks of war amid the evolving geopolitics (threats from Russia and China), a policy aimed at strengthening the domestic defense industrial base was formulated at the end of 2023, following the passing of the defense fiscal resource legislation.
The demographic crisis of a rapidly aging population and declining birth rate has become a most pressing political concern. The significant possible economic consequences of a shrinking workforce are compounded by Japan’s strict immigration laws (foreign workers are only around 2 per cent of the labor force).
Compared to other high income countries, Japan ranks low on gender equality, with gaps in parliamentary representation, wage and employment. Recent developments including lowering the age of sexual consent from 13 to 16, and steps to tackle the declining birthrate show some positive signs. However, Japan does not have laws prohibiting discrimination based on gender identity, sexual orientation, race, ethnicity, religion, and foreigners are often subject to discrimination, including racial profiling. As the only G7 country that denies same-sex marriage, pressure is building to recognize LGBTQIA+ rights.
Looking ahead, it is important to watch Gender and Social Group Equality, as the government attempts to counter the falling birthrate, secure public welfare for an aging society, promote gender equality, and bridge the labour shortage, while it also passed a controversial bill further restricting the asylum process. Given widespread voter apathy, Electoral Participation should also be monitored. Finally, the government’s new defense policy should be watched, particularly on how the required resources will be raised, and how potential gaps between intentions and perceptions on the policy will be managed, both domestically and regionally.
Last Updated: June 2024
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February 2024
Japanese court approves first gender change without surgery
On 7 February, a Japanese court in Okayama approved a transgender man’s request to change his legal gender without first undergoing sterilization. The precedent-setting ruling comes after landmark decision by the Supreme Court in October 2023, which deemed the sterilization requirement unconstitutional. LGBTQIA+ rights advocates celebrated the verdict as an important advancement for transgender rights.
Sources: Japan Times, The Guardian, Kyodo News
December 2023
Criminal investigation into political funding scandal
In December 2023, Japan’s ruling Liberal Democratic Party (LDP) became embroiled in what analysts describe is the worst Japanese fundraising scandal in decades. Prosecutors are investigating allegations that LDP faction members failed to report hundreds of millions of yen in political funds raised at fundraising parties over the past five years, and that the extra revenue may have been pocketed by lawmakers. The scandal casts a shadow over Japan’s entrenched political faction system, characterized by institutionalized parties within parties with formal membership structures. Prosecutors raided the headquarters of two LDP factions associated with the late Prime Minister Shinzo Abe and former Secretary-General Toshihiro Nikai on 19 December. In response, four cabinet ministers from LDP have resigned, with Prime Minister Fumio Kishida stepping down as head of his faction in a bid to restore public trust. The failure to record these funds in official statements is said to violate the country’s political funding laws.
Sources: Japan Times (1), Japan Times (2), Reuters, East Asia Forum, NPR, The Economist
Government approves new policy steps to tackle declining birthrate
On 22 December, the Japanese cabinet approved a JPY 3.6 trillion (approximately USD 25 billion) package dubbed the “Children’s Future Strategy,” a policy aimed at tackling Japan’s declining birth rate. The package includes support measures for families raising children, including a new system allowing the children of non-working parents access to day care centres and free university education for families with three or more children, among other policy measures. The policy aims to be implemented by fiscal year 2025. Furthermore, the initiative places significant emphasis on increasing men’s uptake of parental leave from 17 per cent to 85 per cent by 2030. By enhancing leave benefits and allowances, the objective is to alleviate the disproportionate childcare burden on women.
Sources: Japan Times (1), The Asahi Shimbun, Japan Times (2), The Japan News
November 2023
Human rights violations in women’s prisons
Human Rights Watch released a report on 14 November documenting serious human rights abuses in women’s prisons in Japan. Violations include mistreatment of transgender people, inadequate access to medical services, separation of women from their babies, and arbitrary solitary confinement measures as a form of punishment. Rights advocates have urged the government to improve conditions in Japanese prisons as well as consider legal and justice reforms to prevent imprisonment in the first place. These reforms include decriminalizing simple drug-related violations and introducing alternative sentencing methods to the country's penal code, such as community service. In a broader discussion of Japan’s “hostage justice” system, the Japanese National Diet (parliament) engaged in a hearing of activist voices on 10 November, a move which activists hope will pave the way for wider reforms.
Sources: Japan Times, Human Rights Watch (1), Deutsche Welle, Human Rights Watch (2)
July 2023
Supreme court rules toilet restrictions on transgender persons illegal
Japan’s Supreme Court on 11 July issued a landmark ruling against a government ministry saying it is unlawful to restrict transgender persons from using certain bathrooms in the workplace. The decision marks the first time a top court has made a ruling on bathroom usage by sexual minorities, with LGBTQIA+ activists hopeful that the ruling will set a positive precedent for other cases related to working conditions for transgender persons.
Sources: NHK News, AP News, Japan Times
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