These program-related complaints were directed primarily at the small cadre of Japanese officials and alumni of the Mombusho English Fellows Program and British English Teaching Scheme at CLAIR who had been assembled to administer the program. This chapter examines the administrative and cultural problems that arose during the first three years of the program from the vantage point of national-level officials. What issues were raised by JET participants and their brokers at CLAIR, the program coordinators? What were the major concerns on the part of Japanese officials at the Ministry of Education and at CLAIR? Most important, through what process were conflicts actually defused, and with what effect on each of the parties concerned?
It is important to remember that the initial CLAIR staff numbered fewer than twenty and was anything but the stereotypical Japanese organization-a cohesive, tight-knit group. While the influence of the Ministry of Home Affairs was great, only three of the five ranking Japanese officials (yakuin) hailed from that ministry. As a group, the yakuin had only minimal experience with internationalization and were simply anxious to get through the start-up year without major problems. Most did not consider being posted to CLAIR as a step up in their career ambitions; instead, they usually viewed it as a lateral move, or even as removal from the career ladder entirely. In addition, there were eight staff members (uneiiin) representing local governments from as far away as Kumamoto Prefecture and as near as the Tokyo Metropolitan office. Though they were ostensibly appointed to CLAIR to acquire know-how for internationalization, these local government officials saw their stay primarily as a chance to develop ties with the central authorities that could later benefit their locality.
Finally, there were three foreigners chosen as program coordinators for the pilot year: Philip, a soft-spoken American who had spent three years teaching in Saga Prefecture in the MEF Program and had married a Japanese woman; Caroline, an outspoken American who had spent two years in Chiba Prefecture in the MEF Program after graduating with a major in Japanese studies from a small midwestern liberal arts college; and Ben, a native of Britain and an alumnus of the BET Scheme. They would be responsible for designing all English-language materials for the program and handling most of the direct interaction with JET participants. Having worked hard to promote English language reform and cosmopolitan attitudes in their respective prefectures, they were excited about the great changes that the JET Program would make possible.
The composition of CLAIR was thus even more complex than that of the agencies John Campbell has described as "pseudo-uchi"-agencies that cross ministerial jurisdictions in order to deal with recurring or permanent problems.; There was no natural community of interest among the initial staff at CLAIR; on the contrary, the potential for fragmentation was tremendous. Yet this group with diverse interests quickly became focused on the shared task of managing an extremely complex and unwieldy program.
THE RISE OF AJET AS A PRESSURE GROUP
The very first development unanticipated by Japanese officials was the establishment by JET participants of a quasi-union/support group at the 1987 Tokyo Orientation. While similar organizations had existed earlier, no one guessed that MEF and BET participants who stayed on under the JET Program would be so successful in mobilizing incoming JET participants to their cause. With the stated purpose of providing support and assisting CLAIR and the Ministry of Education in responding effectively to a variety of program-related problems, the Association of Japan Exchange and Teaching (AJET) convinced over 8o percent of JET participants to pay the $1oo dues required to join during their first year. Prefectural, regional, and national representatives were elected, and AJET immediately began publishing a monthly newsletter. By 1988 this publication had become a "magazine" that provided "a forum for sharing teaching ideas, travel tips, complaints, triumphs, humor and even recipes." The August 1988 issue began with a letter from the group's chair describing the rationale and purpose of AJET:
The program is simply too large to be carried out effectively given the present government's administrative provisions. Another body is necessary, one which addresses the needs of program participants. In fact, such an association exists. AJET is an independent, self-financed support organization which exists to represent the interests of participating ALTS and CIRs.
AJET is a network which addresses the personal and professional needs of its members through a three-tiered hierarchy of representatives. There are seven Block Representatives and 47 Prefectural Representatives serving in addition to the four National Officers (a Chairperson, a Vice-chairperson, a Treasurer and a Secretary). These representatives seek solutions to problems on the program participants' behalf and attempt to preempt those which threaten to disturb our well-being.... AJET is independent and self-governing, it need not concern itself so extensively with the spectre of censorship which looms at official levels.
It should be mentioned here that AJET is not a labor union. No wage bargaining will ever be attempted, no wild-cat strikes called, no buttons issued, no love-ins or walk-outs sponsored; foreign unions are by law forbidden in this country. If we were ever to appear to conduct ourselves as such, one can be certain that we would be directed to pack our omiyage [souvenirs] and take our respective brands of native English elsewhere.4
Though AJET's elected leaders assiduously avoided the label "union," arguing that the group was necessary simply to coordinate and facilitate smooth implementation of the program, it was never entirely clear to Japanese officials whether this was to be a support group or a pressure group. Privately, several of the Japanese officials I interviewed confessed that initially they perceived AJET as a vote of no confidence on the ability of Japanese officials to handle the program. It is clear from even a cursory look at AJET's activities during the first few years that the organization began pressing CLAIR and the Ministry of Education for change on a host of controversial issues. AJET not only took up the problems of taxes, insurance, and pensions but also established special interest groups for minority JETs and for female JETs, as well as a peer support network to fill the perceived gap in counseling services.
Private opinions aside, the issue for CLAIR and ministry officials quickly became how to manage AJET. How much formal recognition and support should be accorded? How much leverage should AJET representatives be allowed over program policies? How should AJET be explained to prefectural and municipal officials? AJET's struggle for a formal and legitimate role in program administration was a recurring theme during the early years of the program.
There was by no means unanimity in the Japanese camp on how to handle this development. Initially, Wada Minoru at the Ministry of Education was quite unsympathetic to AJET requests for a greater role in determining speakers and the content of sessions at the Tokyo orientation, the midyear block seminars, and the renewers' conference. The first secretarygeneral at CLAIR also adopted a wait-and-see attitude toward AJET, and even forbade program coordinators at CLAIR from contacting AJET representatives directly without first going through the relevant Japanese prefectural official. Finally, at AJET's request, CLAIR did send out official notification to each prefecture explaining the association and asking for cooperation in facilitating meetings of prefectural and district AJET representatives. Yet prefectural receptivity to and understanding of the purpose of AJET varied tremendously.
In 1988, however, under a particularly sympathetic secretary-general, CLAIR's strategy began to change. In effect, Japanese officials at CLAIR decided that it would be counterproductive to take an overly confrontational stance toward AJET; rather, they would monitor AJET activities and cooperate when possible. CLAIR even granted AJET a small budget and agreed to host three "evaluation meetings" each year that brought a small group of JET participants to Tokyo to provide feedback on the program. These meetings, which are attended by all top-ranking officials at CLAIR, are now an important source of input from the JET participants. Moreover, AJET was granted an additional day at the renewers' conference, with hotel rooms subsidized by CLAIR,
during which they could schedule their own speakers, hold meetings of their interest groups, and elect officers.' By 1989 the question "What's AJET's stance on this?" was asked automatically of almost any proposed change in program policy. While CLAIR and Ministry of Education officials were often far from willing to capitulate to AJET demands, AJET had at least established its legitimacy as a conduit through which concerns of program participants could reach the ears of Japanese officials.
ADMINISTRATIVE SNAFUS AND INTERMINISTERIAL RIVALRIES
In her case study of intercultural friction in a U.S-Japan joint venture company, Tomoko Hamada provides a fascinating account of a disagreement over how to calculate for tax purposes the depreciation of newly purchased equipment. She describes how Japanese officials preferred the method of their parent company, which spread the depreciation over a number of years. The American side, however, was under considerable pressure to show short-term profit to the company's stockholders and thus preferred an accounting method that allowed for the largest possible tax deduction immediately. In the end, a seemingly trivial distinction in calculating taxes led to a series of misunderstandings that proved highly significant in shaping mutual perceptions. The JET Program, too, was full of seemingly "neutral" administrative procedures that led to much questioning of intentions and motives.
The Australian Tax Controversy
The first mini-administrative crisis involved a controversy over the tax status of Australian participants during the first year of the program.' According to Japanese law the JET participants could be exempt from Japanese income tax for their first two years of employment, and the government had advertised the year in Japan as tax-free income. In the haste of the start-up, however, they had overlooked the fact that Japan had no bilateral agreement on taxes with the Australian government. Moreover, Australian tax laws made it clear that nationals residing outside the country were required to pay taxes either at home or abroad. Any change in this policy would require nothing less than an act of Parliament.
By the time Australian participants arrived in Tokyo in August 1987, the rumor mill had begun to whirl. Up to 40 percent of their JET income would have to be forked over to the government on their return home! Even if they paid Japanese taxes, they would be held responsible for the difference, since the Australian tax burden was higher! Calls to the Australian embassy or to CLAIR asking for clarification seemed to lead nowhere. All this created a panic among Australian participants, some of whom had already signed a form exempting them from Japanese taxes. They began to confront CLAIR officials as well as local board of education personnel and school principals. AJET got involved, petitions were signed, letters of protest were written, and an Associated Press reporter was brought into the fray. Several Australian participants threatened to resign unless the issue was resolved by a specific date. Miriam was one:
We had all kinds of meetings at orientation about the tax problem and for six months afterwards as well. It was a horrible way to start what should have been a wonderful experience. We'd been told when we applied that we were all tax-free, but they obviously didn't do their homework. CLAIR kept saying, "Don't worry, as far as we're concerned you won't have to pay taxes," but they wouldn't give us any evidence. Finally I told my boss, "Look, you're not going to be there when I have to pay my tax. Get me something in writing by the end of this month, or I'm going home in January." That got his attention. It seems the only time they respond to us is when we give them ultimatums.
Pressured both by the Australian embassy and by educational administrators in the prefectures to do something about the tax problem, CLAIR officials contacted the Australian Taxation Department (via the Ministry of Foreign Affairs via the Japanese consulate in Canberra) to ask if an exception to the tax laws could be made for the JET Program. After all, the Japanese government was doing Australia a favor by including their citizens in it. The reply from Canberra was clear: this was Japan's problem, and the burden of accommodation rested on the Japanese government. But Australian officials did suggest that if JET participants were to pay taxes in Japan, they would be exempt from taxation in Australia. The only difficulty came with the relatively large percentage of Australian participants who were public school teachers. As civil servants, they could not be exempted from Australian tax unless they were "consultants" to a foreign government.
After months of deliberation, correspondence, and visits among all the relevant agencies, including the Finance Ministry, Home Affairs officials and the secretary-general of CLAIR decided on their course of action. They would raise the actual salary of the Australians by the amount required to pay Japanese taxes. This would ensure that after Japanese taxes were deducted, their salaries would remain the same as those of other JET participants. The solution to the predicament of those who were teachers in Australia involved a more substantial dose of administrative sleight of hand. CLAIR advised local governments to change the official status of Australian ALTs to CIRs on all tax forms, thereby qualifying them as "consultants to a foreign government."
Yet the fallout from the Australian tax problem was heavy. During the months that CLAIR had been negotiating their tax status, the Australian participants themselves had been in limbo, receiving little in the way of consistent or reliable information. Frustrated by the bureaucratic inertia and by the teaching conditions at local levels, their reports back home were far from glowing. While more than i,ioo applications had been received from Australians in 1987, the number fell to barely 250 the following year. There was also a significant decrease in requests for Australians by prefectural offices of education fearing unpleasant confrontations and extra administrative work. This placed the Ministry of Foreign Affairs in a very difficult position. Eighty-three Australians had been hired to participate in the program in 1987, and it would hardly do if in 1988 the number were to decrease. An Osaka board of education official recalls, "After the Australian tax problem many prefectures didn't want Australians but Foreign Affairs called us and said, 'Please take one or two because if you don't it will look bad for Japan.' It was a real difficult situation because of the diplomatic considerations (gaiko ga aru kara muzukashii). So we ended up requesting a few Australians even though they weren't our first choice." In the end, 143 Australian participants were admitted to the JET Program in 1988, but the percentage of Australian participants relative to the total JET population later fell steadily, from 9.79 percent in 1987 to 4.9 percent in 1991.'
Health Insurance and Pensions
A second controversial question involved health insurance and pension payments for the foreign teachers. During the first year of the program the amount that JET participants were required to pay for health insurance varied greatly among prefectures, ranging from as little as $3o to nearly $200 per month. JET participants began complaining to CLAIR immediately after their arrival: individuals asked why they should have three or four times as much taken from their salary for health insurance as friends in the neighboring prefecture.
The discrepancy arose because prefectural offices and municipalities were choosing between two insurance plans, the "Kenpo" (Seifu Kansho Hoken) plan and the "Kokuho" (Kokumin Kenko Hoken) plan. The former is the government-operated insurance plan designed for nonregular employees (regardless of nationality) who are employed for more than two months in the public or private sector. The latter applies to anyone employed for less than two months or to those who are self-employed. According to Japanese law, the Kenpo plan is compulsory for any public or private organization employing personnel for a period of more than two months. In reality, though, many prefectures and municipalities were enrolling all their nonregular employees (not only JET participants) in the Kokuho plan because it was cheaper.
In 1987 the Social Insurance Agency (Shakai Hoken Cho) notified local governments that they must comply with the law, and the National Audit Board began investigating health insurance procedures in host institutions. Prefectures and municipalities that had been using the Kokuho plan saw the audit comin
g and switched to the more expensive policy. This solved the problem of discrepancies between prefectures, but some JET participants were outraged by their new high premiums. Moreover, those premiums were automatically deducted from every employee's salary. When several prefectures switched the health insurance of their renewing JET participants without notice, renewers charged that they had not been accurately informed of the terms of their new contracts.
The switch also created an entirely new and even more intractable problem: the Kenpo plan required JET participants to pay into a pension fund even though they would receive no pension. Indeed, that contribution is what makes the Kenpo plan considerably more expensive than the Kokuho plan. The "pension issue" became a perennial sore point during the early years of the program. The CLAIR Newsletter and the AJET Magazine ran regular updates on developments in the debate. In a 1989 letter to the JET Journal, one CIR summed up the indignation felt by many JET participants:
While I am sure none of us totally reject the idea of paying for an insurance policy, I believe many of us find almost criminal the fact that half of the actual insurance premium we pay each month is for the purpose of a pension fund payed [sic] to retired individuals. It is simply the principal [sic] involved. Why should we be required to pay for a pension fund which we will never benefit from? Unless we have aspiring Kent Gilberts among us (Kent is the quintessential gaijin-turned- Nihongo star to be watched almost nightly on TV), we are in Japan on a temporary basis and will certainly not be here when we retire.'
Importing Diversity: Inside Japan's JET Program Page 10
