Dejima Award #7: Nagoya City officially classifies “Foreigner City Denizens” to include “naturalized persons, children of international marriages, people with foreign cultures or roots in their backgrounds”. Viva Eugenics.

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Hi Blog.  Alert Debito.org Reader XY sends me the following cover, for the Nagoya City Next Term General Plan (Intermediate Draft), dated August 2018.

Striking is what’s found on page 62, under official city definitions of terms:

It offers a definition of “Foreign City Citizens/City Denizens” (gaikokujin shimin), which is itself a reasonable category, since we want to attribute citizenry/residency within a city regardless of nationality (which the juuminhyou Residency Certificate system tried to separate and exclude for six decades).

But look who falls under the definition of “foreign” (my translation):

“In addition to people with foreign nationalities with an address within Nagoya City, this includes people like those who obtained Japanese citizenship, children born from international marriages, people with foreign cultures in their backgrounds, and people who have foreign roots.”

That pretty much makes it clear that you can’t ever be Japanese without “pure” Japanese blood and culture.  In Nagoya, officially that also means you can’t escape being foreign.  Ever.  Even if you naturalize, or have a Japanese parent (who alas coupled with a foreigner), have any cultural ties to a foreign country, or have any roots in a foreign land.

Any taint or connection means you’re “foreign”.  Not “international” (such as Kokusai Shimin).  Foreign.

This not only defies common sense, it also, like the racist Japanese Sumo Association, violates the Nationality Law.

Granted, the next definition distinguishes between a foreign resident (gaikokujin juumin) and a foreign, er, citizen/city denizen (gaikokujin shimin), where the former is solely made into a matter of foreign nationality.

But in a society like Japan’s that adheres pretty strictly to a binary, where you’re either Japanese or you’re not, i.e., you’re a Nihonjin/Wajin or a Gaikokujin/Gaijin, I doubt that most people will be this sophisticated in their worldview.  You’ve got any foreign ties?  Case closed and door shut.  You’re a foreigner, a gaikokujin.  At best a Japanese with an asterisk.  Even Nagoya City (Japan’s third largest city behind Tokyo/Yokohama and Osaka) officially confirms it.

Therefore, for this blatant and ignorant attempt to further classify, stigmatize, and alienate diverse Japanese away from a mythical “pure” Japan free from any foreign influences, I hereby award the coveted Debito.org “Dejima Award” to Nagoya City (only the seventh in Debito.org’s quarter-century of existence), for effectively reviving 19th-century discredited Eugenics theories about thoroughbredness.  That any Japanese tainted by foreign blood, culture, roots or ties is to be classified as a foreigner.  Debito Arudou, Ph.D.

======================
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Senaiho Update 3: Civil suit to be launched over school “Hair Police” forced-haircut bullying of student in Yamanashi JHS (UPDATED)

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Hi Blog.  What follows is an update to the Senaiho Case of Junior High School bullying in Yamanashi, where a student three years ago had her hair forcibly cut by her Japanese school’s “hair police” (i.e., her teachers) against her will, resulting in trauma to the point where she could no longer attend.  Debito.org has been covering this case for years now, and you can see previous entries here, here, and here. (And compare it with this.)

The news is that the family, working through “proper channels” to no effect (in fact, the opposite — officialdom harassed the victims further), are officially taking the bullies to court.  Here’s Update 3.  Debito Arudou, Ph.D.

/////////////////////////////////////////////////

From: Senaiho
Subject: Senaiho Update 3
Date: November 1, 2019
To: Debito Arudou <debito@debito.org>

Hello Debito,
Since the Yamanashi Nichi Nichi published an article today (below) re the suit we will be shortly filing, I will go ahead and send this to you for your blog.

I will try to include some information not in the article.

The update:

Since my last update stating that the prosecutors office found insufficient evidence to proceed with charges, we have been working on the basis of filing a civil suit against the city of Yamanashi seeking a monetary amount of 7 million yen and a suit against the guardians of the perpetrators of the bullying seeking 5 million yen. This suit will be filed on the 8th of this month. This will be followed by a press conference at the press club office in the prefecture building.

The basis of the suit will be that our daughter was bullied and as a result of this, the school teachers cut her hair without her consent. This resulted in her being traumatised to the point of not being able to attend the last two years of her middle school education and requiring professional counseling, along with medical treatment for insomnia.

Since the original incident in ’16, many of the people involved have retired, transfered, divorced, and even been imprisoned, such as the former mayor of Yamanashi (for unrelated crimes). This however does not decrease the liability of the city or the perpetrators. It does make it difficult for those in charge though who have to catch up, but that is their problem.

This will be a long process though, probably two years at least and there is no guarantee we will come through as we wish, but if our daughter understands that what happened to her is not her fault, it will be a victory.

Thank you all here at debito.org for your continued support.

Sincerely, Senaiho

(Courtesy Yamanashi Nichi Nichi Shinbun, 11/2/19 edition, p. 26.)

UPDATE NOVEMBER 14, 2019, FROM SENAIHO (PDF FORMAT, CLICK TO DOWNLOAD)

SenaihoAsahi111419

Hello Debito,
I am including an article that appeared in today s Asahi Shinbun. It s not my intention to put up every article that concerns us, but I am sending you this one because I think it is important in that it features an example of how people in officialdom abuse their power over those they view as their inferiors. I mentioned this aspect in a recent post.
My translation:
===========================================
Yamanashi School Hair Cutting Incident/Student Absence
Subtitle: A household who was a former member on the Yamanashi City Board of Education bashes the guardians by SNS of the student who s hair was cut by school officials.
Asahi Shinbun, November 14, 2019
In the spring of 2016, a second year student who s hair was cut by the school officials, was bashed by the household of a former member of the Yamanashi City B. of E. by way of Social Media (Facebook). The posted comment has since been deleted, but the Yamanashi B. of E. this month has received a copy of the deleted post from a concerned citizen of the local community, and have confirmed its contents. Mr. Kagami, the current head of the Yamanashi B.of E. said; “We are examining whether a leak of private information occurred and studying our response to this.” On 11/4 of this month, the guardians of the victim filed a 7.7 million yen lawsuit against the city of Yamanashi at the Kofu Municipal Court. The suit claims that the school officials, the B. of E. and the city are responsible, along with the perpetrators of the bullying of the victim, which resulted in the damages. As a result of the incident, the former B. of E. member manipulated information received obtained from their position on the Board, and used it to further bash the guardians of the student victim. The family member of SNS site claimed they heard the information from the former B. of E. family member “The parents of the victim gave permission to the teachers to cut her hair” they said in the posting on the SNS. The guardians of the student claim they did NOT give the school officials permission to cut their child s hair. The B. of E. without any investigation, accepted the word of the former B. of E. member at face value. The household of the former B. of E. member responded; “That was posted one year ago and has been deleted” they said. The household admits that the claim may have been based on speculation based on gossip. “It s possible we are mistaken” they said, also that it was “inappropriate to have done this.”
===========================================
All The Best 
Senaiho

======================
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My Shingetsu News Agency Visible Minorities col 3: “Racial Profiling at Japanese Hotel Check-Ins”

mytest

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Hi Blog. My latest SNA column 3 is now up. Here’s an excerpt. And here is a link to sources for claims within the article. Enjoy. Debito Arudou Ph.D.

///////////////////////////////////

Visible Minorities Column 3
Racial Profiling at Japanese Hotel Check-Ins
Shingetsu News Agency OCT 23, 2019, by DEBITO ARUDOU
Courtesy http://shingetsunewsagency.com/2019/10/23/racial-profiling-at-japanese-hotel-check-ins/

SNA (Tokyo) — It’s dehumanizing to be denied service somewhere, not for what you did, but for who you are, and to realize that discrimination is real.

In Japan, your first experience might be with your apartment search—realtors may deny you a home simply because “the landlord doesn’t like foreigners.”

Sadly, there’s little you can do: racial discrimination is not illegal in Japan, even in 2019. You could report what happened to the Ministry of Justice’s Human Rights Bureau (which will generally do nothing), or take them to court where you’re at the mercy of a judge susceptible to narratives of “foreigners are different/difficult, so refusing them is okay,” which is known legally as “rational discrimination.” Still, you will need a place right away to call home.

Eventually, after getting an interlocutor to negotiate or an employer to vouch for you, you find one. You’ll forget about what happened. Something like this doesn’t happen every day, right?

But it may occur the next time you want a hotel room. Given the tourism boom and hosted international sports events, racial profiling and discrimination have become widespread in Japan’s hoteling industry. This is particularly insidious because it’s not just the occasional bigoted landlord calling the shots; this time it’s the Japanese police…

Rest at http://shingetsunewsagency.com/2019/10/23/racial-profiling-at-japanese-hotel-check-ins/

=====================
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Last word on NJ hotel passport checks (thanks to a lawyer): It’s as Debito.org has said for more than a decade: NJ Residents are exempt from showing any ID.

mytest

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Hi Blog.  With the influx of sports tourism (Rugby in 2019, Olympics in 2020), the National Police Agency (as reported before for years on Debito.org) has been erroneously telling hotels to demand passports and ID from all “foreigners”, including NJ Residents of Japan with addresses in Japan.

The Japanese police have been told for more than a decade now (even by the US Embassy!) that this is not lawful.  NJ Residents are exempt from passport AND ID checks after indicating their residency in the hotel Guest Book.

So the police have become misleadingly legalistic, as Debito.org Reader Mamoru reports.  He sends along this poster from the Shizuoka Police that lays out the letter of the law as follows:

Courtesy https://www.pref.shizuoka.jp/police/kurashi/gokyoryoku/documents/syukuhakusya.pdf (now dead link)

Here they are making clear in the introduction that they are asking for hotel managers to target foreigners without addresses in Japan, and ask for their passport numbers (the justification proffered: incidents of overseas terrorism, of course, since apparently there are no Japanese terrorists).

Even visually (the green bits), the Shizuoka Police are saying that there are two tracks grouped together:  1) Japanese (Nihonjin) and Resident Foreigners (Zainichi/Zaijuu Gaikokukjin), who have to note (kisai) their name, address, and occupation (under the Hotel Management Law Art. 6); and 2) non-resident Foreigners (Rainichi Gaikokujin/Kokugai Zaijuu), who have to reveal their nationality and passport number under additional Regulation 4.2 (more on this below).

HOWEVER,

Then the yellow bit says that all parties have to have a RELIABLE (kakujitsu) entry for their data.

For Japanese and NJ Residents, this means that the hotels must put into effect an identity check (mimoto kakunin) (although it notes that if they have a copy of the passport then data entry (kisai) is not necessary, which is suss since most Japanese guests would not be carrying a passport).

But unlike other entries, this is not grounded in any law mentioned in the flyer, making this even more suss.

Especially since the final yellow bubble asks for “cooperation” (kyouryoku) with the police in case they want to inspect the Guest Book (shukuhakusha meibo); note that “cooperation” in practice means the police merely asking nicely, because the police don’t have the force of law to compel.  (It also asterisks that if there is a copy of the passport it is not necessary to write it down.)

As grounding in legal writ, the poster here does cite a “Notification” (tsuuchi) from the Ministry of Health, Labor and Welfare that enables police inspection of the Guest Book. But as the below-mentioned Fukuoka Now website (citing a Japanese lawyer) states, these ministerial “directives” are “not laws and are therefore not legally binding, however, they are in practice extremely important as administrative bodies, who execute/enforce laws, follow these internal notifications until the law is clarified by amendment or a judge denied a specific interpretation at court.”

The point is still this is not grounded in actual law.  Hence the request for “cooperation”.  But any hotelier not a legal scholar will no doubt interpret these “weasel words” as a requirement to ask guests for ID.

What’s misleading in these yellow sections is whether or not ALL people regardless of nationality have to show ID (they don’t; they didn’t before, and there’s no law cited now to say that they do).  But in practice, hoteliers will interpret this to mean that all “foreigners” will have to show ID, and the regular unwillingness to inconvenience “regular” Japanese customers will mean that Japanese won’t.

Finally, in the magenta balloons the Shizuoka Police mention that if the person asked for ID refuses to cooperate, then the hotel has the obligation to refuse that person accommodation.  The law cited is not the Hotel Management Law, but a local Shizuoka Prefectural Ordinance (jourei) governing hotels.

In sum, the Shizuoka Police are reinforcing the status quo with weasel words asking for “cooperation” when law doesn’t require.

///////////////////////////////////////////////

On a second page, the Shizuoka Police also cite various bits of the laws as substantiation:

Bits of this are backed up by an article at Fukuoka Now (courtesy of Debito.org Reader MR), which cites not only the letter of the law but also a lawyer opining:

(Courtesy https://www.fukuoka-now.com/en/can-hotels-take-a-photocopy-of-my-id/, current as of May 14, 2019):

旅館業法施行規則 [4]
第四条の二
3 法第六条第一項の厚生労働省令で定める事項は、宿泊者の氏名、住所及び職業のほか、次に掲げる事項とする。
一 宿泊者が日本国内に住所を有しない外国人であるときは、その国籍及び旅券番号
二 その他都道府県知事が必要と認める事項

Ordinance for Enforcement of the Inns and Hotels Act [5]
Article 4-2
(3) The matters provided for by the Order of the Ministry of Health, Labour and Welfare set out in the Act shall be the following, in addition to the name, address, and occupation of the guests.
(i) The nationality and passport number if the guest is a foreign national who does not possess an address in Japan; and
(ii) Other matters that prefectural governors find necessary.

旅館業法施行規則 [4]
第四条の二
3 法第六条第一項の厚生労働省令で定める事項は、宿泊者の氏名、住所及び職業のほか、次に掲げる事項とする。
一 宿泊者が日本国内に住所を有しない外国人であるときは、その国籍及び旅券番号
二 その他都道府県知事が必要と認める事項

Ordinance for Enforcement of the Inns and Hotels Act [5]
Article 4-2
(3) The matters provided for by the Order of the Ministry of Health, Labour and Welfare set out in the Act shall be the following, in addition to the name, address, and occupation of the guests.
(i) The nationality and passport number if the guest is a foreign national who does not possess an address in Japan; and
(ii) Other matters that prefectural governors find necessary.

(All translations certified by Fukuoka Attorney Miyake Atsushi of Miyake Law, Apr. 2019.)

The Skinny:

At a bare minimum, this Shizuoka Police poster confirms that there are two separate tracks at check-in:  One for Foreign Tourists, and another one for ALL Residents of Japan regardless of nationality (Japanese and NJ):

Foreign Tourists with no address in Japan must show ID, meaning a passport.  Some places will require, as per local ordinance, that passport to be photocopied.

(I will let various governments continue to criticize the potential dangers of this practice, including fraud and identity theft:  The Canadian Government, for example, explicitly says, “You take all responsibility for giving information in your passport to a third party.”

But there is still nowhere in the law that requires NJ Residents of Japan to show any ID after writing down their details in the hotel Guest Book.

And the fact that even this police poster is being intentionally confusing and misleading about the letter of the law, even when the law (or ministerial directive) is being selectively cited, indicates once again how the Japanese Police are continuing their SOP to bend the law and encourage hotels to racially profile their “foreign” guests.  Debito Arudou Ph.D.

=====================
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Reuters: Japanese police urged to take “light-touch” towards NJ during Japan 2019 Rugby World Cup. Yeah, sure.

mytest

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Hi Blog.  It turns out Japan has earned a reputation from past experiences hosting international events.

The racism-riddled debacles that were the soccer World Cup 2002 and the G8 Summits (here and here) made me question whether Japan as a society (let alone its politicians and police) was mature enough to handle any temporary influx of NJ, let alone as visa-legal NJ workers and residents of Japan.

But it seems it wasn’t just me. Some months ago, the Rugby World Cup and staff from two embassies actually cautioned the Japanese police to ease up on their overzealousness towards NJ.  As previous blog entries have shown, it’s questionable whether they are actually doing that (as they are bending the law to encourage racial profiling at hotels etc.).

But the following article deserves to be recorded on Debito.org because it shows at least somebody out there is taking notice, despite all the official “omotenashi” wallpapering over Japan’s latent exclusionism that goes ignored, if not encouraged, by Japanese authorities.  I look forward to seeing what the International Olympic Committee has to say in Tokyo in a year.  Debito Arudou Ph.D.

///////////////////////////////////////////////////////////////

Rugby – Japan police urged to take ‘light-touch’ approach at World Cup
REUTERS APRIL 18, 2019, By Jack Tarrant, courtesy of JDG
https://www.reuters.com/article/uk-rugby-union-worldcup-police-interview-idUKKCN1RV079

TOKYO (Reuters) – Japanese police have been encouraged to take a “light-touch approach” during the Rugby World Cup, with organisers telling Reuters they had visited host cities to emphasise that while fans will be boisterous they are unlikely to cause trouble.

More than 400,000 foreign fans are expected to descend on Japan for the Sept. 20 to Nov. 2 tournament and concerns have been raised that police might not have enough experience to deal with the influx.

Staff from two embassies have expressed concern to Reuters that police may overreact to perceived intimidation from fans.

Mick Wright, 2019 executive director for operations, said host cities had received briefings on what to expect and that organisers had downplayed concerns about unruly fans.

“We have been on a bit of a mission, we have had a roadshow going around all the cities talking about … rugby fans and what they expect from their behaviour,” Wright told Reuters.

Wright, who also works as a technical advisor to the International Olympic Committee, said host cities would be swamped by large numbers of fans drinking huge quantities of alcohol but that the mood would be a positive one.

“We have been explaining to all the cities that they better stock up on beer because we know from history that rugby fans will drink a lot,” he said.

“It is part and parcel of rugby’s ethos and culture.

“The way the fans behave, it might be loud and it might be raucous but it won’t be intimidating.

“With the police, I think we have been really successful in explaining to them that the light-touch approach is going to be better,” added Wright.

Yoshiya Takesako, Japan 2019 director of security, said the police had been told what to expect from fans and how to react.

“Rugby fans may seem scary but they are not,” said Takesako, who has been seconded from the Japanese police.

“This has been explained to the police so they have been educated that fans will drink a lot and may sing or be loud but it is not like they will hurt anybody.

“I have told the police forces many, many times to respond to fans in a reasonable way.”
ENDS

================================
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Fujisankei-owned Japan Today posts article on “What to do if stopped by J police” for Rugby World Cup visitors, after consulting with Debito.org. Then does not acknowledge Debito.org and leaves out valuable advice

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Hi Blog.  Debito.org Reader JDG had this to say about a recent article in Japan Today:

=====================================

JDG:  Right wing Sankei owned Japan Today put out this ‘what to do if you get stopped by the police in Japan’ article for the Rugby World Cup.

https://japantoday.com/category/features/lifestyle/What-to-do-if-you-are-stopped-by-the-police-in-Japan

Half the article about having fun and getting travel insurance, the other half about complying with all police requests because, y’know, cultural differences.

Failure to blindly comply with police stop requests will be ‘escalating the situation’ and grounds for arrest because, y’know, cultural differences.

What about police discrimination and your rights? ‘Don’t believe all the hoopla you read online’.

Basically article’s advice is;
If stopped by Japanese police, do as you are told.

=====================================

For the record, the article is archived below.

COMMENT:  Well, interestingly enough, Japan Today consulted with Debito.org before doing the article.  And then it made no mention of Debito.org or its advice therein.  Here’s the exchange:

=====================================

From: Jeff Richards <jeff@japantoday.com>
Subject: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 8, 2019 at 11:08:36 PM
To: debito@debito.org
Hello Dr. Arudou,
My name is Jeff Richards and I’m an editor for Japan Today.
I’m currently putting together a piece on “What to Do if Stopped by the Police in Japan” as primer for both residents and tourists alike visiting for the upcoming Rugby World Cup (and by extension the Tokyo 2020 Olympics and other large-scale sporting and entertainment events).
I have been using your website as a resource in this regard (and have since I arrived in Japan over a decade ago… ). I was wondering if you had done any updates on this topic (on your website either as a post or in one of your many news columns):
I realize that most of the posts on your site dealing with the police, unwarranted checkpoints, unlawful ID checks by hotel/train staff etc. seem to relate to the former “Gaikokijin Torokushou” but I was wondering if there have been any significant changes to the law with the advent of the Residence Card? Or would these same laws still apply with just a terminology change?
My goal with the article is purely to provide facts to readers about what they are required to have on them (passport or residence card), what they are legally bound to do and what they are entitled to ask before submitting to a check and their rights. It is really a “just the facts, ma’am” type of piece. I wold like to have readers informed of what they should know about these types of situations — especially since more people are a little more reticent about Japanese police and due process since the recent Carlos Ghosn detention shining a spotlight on how the justice system here is stacked against them.
Any insight or updates from you would be appreciated and if you have any other outside sources I might contact or read that would be very welcome, too.
I hope all is well and I look forward to reading any upcoming articles for the Shingetsu News Agency.
Kindest regards,
~Jeff Richards
Jeff W, Richards
Editor
4F 1-8-1 Higashi Azabu IS Bldg.,
1-8-1 Higashi Azabu, Minato-ku, Japan 106-0044
Tel: +81 3-5561-7755

=====================================

Well, I was happy to oblige, so here was my response:

=====================================

From: Debito Arudou <debito@debito.org>
Subject: Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 11, 2019 at 7:38:42 PM
To: Jeff Richards <jeff@japantoday.com>

Dear Mr. Richards,

Thank you for your email, and I apologize for my late response.  Please find my answers below in your text:

 

On Sep 8, 2019, at 11:08 PM, Jeff Richards <jeff@japantoday.com> wrote:
Hello Dr. Arudou,
My name is Jeff Richards and I’m an editor for Japan Today.
I’m currently putting together a piece on “What to Do if Stopped by the Police in Japan” as primer for both residents and tourists alike visiting for the upcoming Rugby World Cup (and by extension the Tokyo 2020 Olympics and other large-scale sporting and entertainment events).

Excellent.  This sounds very helpful.  I will be happy to point to it on Debito.org when it comes out.

 

I have been using your website as a resource in this regard (and have since I arrived in Japan over a decade ago… ). I was wondering if you had done any updates on this topic (on your website either as a post or in one of your many news columns):
I realize that most of the posts on your site dealing with the police, unwarranted checkpoints, unlawful ID checks by hotel/train staff etc. seem to relate to the former “Gaikokijin Torokushou” but I was wondering if there have been any significant changes to the law with the advent of the Residence Card? Or would these same laws still apply with just a terminology change?

I haven’t updated the site in a while, as you know, but I have found that the systems in place are largely unchanged.

As for the Gaikokujin Tourokushou issue, there have NOT been any significant changes with the advent of the Zairyuu Card.  In fact, things have gotten a bit worse, as police don’t always believe the new Gaijin Card will suffice for visa kakunin purposes, and instead ask for passports more often on street ID checkpoints (which is what the Zairyuu Card is supposed to act as a substitute for).  In any case, the Zairyuu Card is basically the Gaijin Card Part Deux.  Meet the new boss, same as the old boss.  As you put it, it’s just a terminology change as far as police enforcement and racial profiling is concerned.

 

My goal with the article is purely to provide facts to readers about what they are required to have on them (passport or residence card), what they are legally bound to do and what they are entitled to ask before submitting to a check and their rights. It is really a “just the facts, ma’am” type of piece. I wold like to have readers informed of what they should know about these types of situations — especially since more people are a little more reticent about Japanese police and due process since the recent Carlos Ghosn detention shining a spotlight on how the justice system here is stacked against them.

That sounds good.  And people are surely right to feel targeted after the Ghosn Case.  Because they are.  As you saw from recent articles, Ghosn’s peers just got the axe for similar misdeeds but Ghosn got sent to jail.

 

Any insight or updates from you would be appreciated and if you have any other outside sources I might contact or read that would be very welcome, too.

How about these?

Scroll through these and see what catches your eye.

 

I hope all is well and I look forward to reading any upcoming articles for the Shingetsu News Agency.

My next one comes out in a few days.  Enjoy.

Sincerely, Debito

=====================================

I then received no response, acknowledgment, or thanks for this email, so I refowarded the mail with a message:

=====================================

From: Debito Arudou <debito@debito.org>
Subject: Fwd: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 17, 2019 at 2:30:12 PM
To: Jeff Richards <jeff@japantoday.com>
Hi Mr Richards.  Just checking to see if you got this.  Sincerely, Debito

=====================================

Then Mr. Richards responded:

=====================================

From: Jeff Richards <jeff@japantoday.com>
Subject: Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 18, 2019 at 12:50:42 AM
To: Debito Arudou <debito@debito.org>

Hi Debito,

Yes, thank you so much for getting back to me and sorry for not doing the same. Apologies.
Your information has been very useful. It’s seems pretty cut-and-dried (regardless of personal opinions on the police’s reasoning or racial bias) but I did just want to give people a very good idea of what will indeed happen if you are stopped by the keisatsu (either just letting you continue on or taking you “downtown” depending on how important it is for people to be outraged).
I ended up taking all of my “opinion” out of it and just presented what will happen and your rights — and how to just make it go smoothly so you can get on to enjoying the rugby. If people really are incensed, probably best to make a complaint later — unless it’s truly egregious. Our readers can discuss it in the comments.
I believe we’ll be publishing the story tomorrow night ahead of the first Rugby World Cup game on Friday.
Thanks again for getting back to me. I’d love to be able to contact you again on other matters involving foreigners in Japan for future stories (I’m planning to one on if you happen to get injured or have an accident and a follow up on if you are unfortunate enough to be detained by the police in Japan).
Regards,
~Jeff
Jeff W, Richards
Editor
4F 1-8-1 Higashi Azabu IS Bldg.,
1-8-1 Higashi Azabu, Minato-ku, Japan 106-0044
Tel: +81 3-5561-7755

=====================================

Then the article came out, and as noted, there was no mention of Debito.org or any of the information therein. So I asked about it.

=====================================

From: Debito Arudou <debito@debito.org>
Subject: Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 22, 2019 at 10:29:47 AM
To: Jeff Richards <jeff@japantoday.com>

Hello Jeff,

Thanks for the article.  But if the information on Debito.org was so useful, why wasn’t it cited anywhere in the article, even as a potential information site like the others?  Please explain.  Thank you.
Sincerely, Debito

=====================================

I received no response from Mr. Richards for three days. So I drew some conclusions, and told him so:

=====================================

From: Debito Arudou <debito@debito.org>
Subject: Please respond within 48 hours. Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 25, 2019 at 10:02:44 AM 
To: Jeff Richards <jeff@japantoday.com>

Hello Jeff again.  I didn’t receive a response from you, so here’s my interpretation of what happened:

1) You wrote up an article that had your “opinions” in it, and some of them were based upon information you found on Debito.org.
2) As you are owned by Fujisankei, you were told by your bosses to remove that information, and all references to Debito.org.  (We can’t have foreigners in Japan knowing their rights, after all.)
If so, I find this overall trend in media complicity in disempowering NJ to be most distressing, as I noted in my Shingetsu News Agency articles that you say below you have seen.
That is precisely a Debito.org issue, which I will be going public with (including our correspondence, since it was not private, and you were writing expressly in your public capacity as an Editor at Japan Today) in 48 hours from this time stamp.
If you would like to clarify the record or my interpretation beforehand, I am inviting you to respond within that 48 hours.
Sincerely, Debito

=====================================

Mr. Richards responded soon afterwards:

=====================================

From: Jeff Richards <jeff@gplusmedia.com>
Subject: Re: Please respond within 48 hours. Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 26, 2019 at 1:09:53 AM PDT
To: Debito Arudou <debito@debito.org>

Hi Debito,

Wow. Well, those are some rather unexpected and confrontational email replies.
I’m not sure what I did to warrant that type of reaction or what in fact you were expecting from me.
The article I wrote is for the benefit of people visiting Japan for the RWC (and residents who might be interested). There is no sway over my editorial by higher ups at Fuji at all.
My article steers clear of my “opinions” to keep it as objective as possible without editorializing on the matter since it is not an opinion piece, per se.
While your website has information on it that can be useful, so, too, do the official sites for Japan Customs, the National Police Agency, the Japanese Ministry of Health, Labour and Welfare, the Immigration Services Agency of Japan as well the information I received from embassy officials that I interviewed.
One of the reasons I originally reached out was to find out if you had any actual new content on debito.org that updated some of the older stuff (the links in your original reply direct to articles well over 10 years old). To be fair, some other official Japanese sites (mostly ward and prefectural) contain info that isn’t that much more up-to-date, so I didn’t use those links, either.
Is there a personal quote from you or reference to your website content that perhaps I didn’t attribute? If so, please let me know and I’m more than happy to rectify.
Regards,
~Jeff

=====================================

FINAL COMMENT:  I didn’t respond further to Mr. Richards.  I acknowledge his courteous inquiries at the beginning, and appreciate his efforts to find out the most current information; I also acknowledge that his article is very helpful for the most part.

However, I felt things were certainly different when it came down to reporting any information that might let people know their rights in Japan.  Because, after all, foreigners aren’t supposed to have any rights, according to the Japanese Police, and that’s generally the line that much of the “foreigner-friendly” media basically maintains — just do as you’re told like a good “guest” and all will go well.  Until it doesn’t, of course.

Racial profiling in Japan is Standard Operating Procedure for the Japanese police, and that should be acknowledged somewhere, not simply worked around or removed as a matter of “opinion”.

I remain unswayed in my belief that the inconvenient truths that Debito.org has always offered were not something a media outlet like this was keen on publishing.  And I believe that this is because it is owned by the right-wing Fujisankei group, which has substantially changed the tone of the once foreigner-owned Japan Today.

For the record, shortly after its founding two decades ago, Japan Today’s NJ editors invited me to write columns for them.  I did in fact write eighteen over the course of two years (until they stopped paying me as promised, which is why I quit and went to The Japan Times).  That was then.  Now, I strongly doubt Japan Today would ever publish information found in my columns again.  What I’m saying is simply not what “gaijin-handling” (i.e., putting forth a positive image of Japan under all circumstances) Japan-owned and -managed outlets want published.  Debito Arudou Ph.D.

============================

The current text of the Japan Today article, for the record:

============================

Lifestyle

What to do if you are stopped by the police in Japan

148 Comments

By Jeff W Richards

This year — for the first time in its 32-year history — the Rugby World Cup will be held in Asia. On Nov 2, 2019, the International Stadium Yokohama in Japan will become just the seventh stadium ever to host the final of the world’s third-largest sporting event.

While a fantastic time is expected to be had by all involved: hosts, teams and fans; that’s not to say some cultural scrums won’t form. The arrest and detention of Nissan CEO Carlos Ghosn last year has shone an international spotlight on Japan’s justice system. This could have some people worried.

Japan is — for the most part — a forward-thinking, modern democracy. It’s justice system, however, still relies on solitary confinement, forced confessions and apologies (with financial compensation to “victims”) for its verdicts. The most worrying aspect of criminal justice in Japan is its detention system (suspects can be held for up to 23 days without being charged) and its bias against non-Japanese detainees.

Stating this is not meant to scare people. Your experience at the World Cup and other events will probably be as fun and enjoyable as you expect, or even more so — whether in Tokyo, Yokohama or farther-flung Kyushu. The locals want you to come and to enjoy yourself at the matches as well as learn and experience the delights of their city and region — police included

But differences in culture and behavior exist. For example, it may be completely normal in your home country — fellas! — to relieve yourself outside, in an alley or on the side of building, whereas here the keisatsu (police) may stop you for defacing private property or indecent exposure. From even minor encounters, major troubles can occur.

This is a no-nonsense guide to what you should do if you are stopped by the police in Japan, prefaced with some common-sense advice to prevent any problems before they might occur.

Before you come

A word to those arriving from overseas: before you leave for Japan, do your research.

Read up online. Visit the website of your embassy in Japan and read its travel advisories. Here they will post relevant information and updates on everything from extreme weather forecasts, natural disasters, pertinent crime reports and lists of prohibited goods you might inadvertently pack.

Websites and resources to check out before you leave:

Purchase travel insurance. When I asked representatives at the British Embassy in Tokyo about their recommendations for Brits coming to Japan, this was No. 1 on their list — and it applies to visitors from all countries. If an accident should occur, Japanese hospitals and clinics do not accept foreign medical insurance. We will have more on this in a second installment of this series for visitors to Japan.

To avoid any hassles before you pass Japanese customs at the airport, find out what medications (if any) from your home country might be illegal in Japan. You could encounter problems with pharmaceuticals as mundane as over-the-counter (OTC) pain relief (anything with codeine is prohibited) or certain allergy medications (pseudoephedrine is also illegal). If you do find an OTC medication you use is listed — don’t bring it. There will be a suitable alternative readily available here — and it won’t cause you grief should be stopped by the police and searched.

If you do require specific medication, make sure to bring the prescription with you and don’t bring more than a 30-day supply. And even if you do have a prescription, Jiminy Christmas, do not bring any medicine containing opium, cannabis, amphetamines, methamphetamines and certain medicines for treating attention deficit disorders (such as Adderall, Vyvanse and Dexedrine) as these are strictly prohibited.

If you’re already concerned about what might happen if you’re stopped by the police in Japan — do yourself a favor: Don’t get detained before you even clear customs.

Before you go out to an event

Make sure you have the proper identification on you when you go out for the day. You will be asked for it if you are stopped by authorities.

For tourists, this means that you must carry your passport with you at all times. Failure to do so could result in more than embarrassment — it could mean detention by the police (as proper ID will be the first thing they ask for) and a fine of up to ¥200,000 (U.S.$1,850) may ensue. “Proper ID” in this case does not constitute your driver’s license from back home.

Also, carry the name and contact info for your accommodations. If you’re staying at a hotel, grab a business card (with Japanese and English on it) from the front desk. This is not just to give to peace officers, but it can help you return safely as cab drivers or people you stop to ask for directions may not speak English.

If you’re a resident of Japan — and you should know this — you need to carry your zairyu, or Japanese Residence Card, with you at all times. Any immigration or law enforcement officers in the course of their uniformed duties can ask for it and — by law — you need to have it on your person at all times. Not doing so carries a fine of ¥200,000.

If you get stopped

During the Rugby World Cup, understand that there will be an increased police presence across the country, especially around match venues and fan zones.

“During the rugby, we are expecting people to be stopped or arrested for boisterous behavior considered minor in the UK or at least in [other] rugby countries,” says Marion Auclair, consular sporting liaison officer for the British Embassy in Tokyo. “That can get you detained for up to 23 days in Japan.” Nudity — like we mentioned above about answering “when nature calls” — is one of those behaviors.

Is it possible you may be stopped simply because you’re a foreigner? Absolutely.

Is there any reason for you to be unduly worried about it? I would say no.

By and large — especially at an international sporting event — police are deployed to assist the public, keep the peace and look for anything suspicious or unfamiliar. Foreigners quite often tick the “unfamiliar” box. They’ll ask you some questions about where you’re from, what you’re doing in Japan and where you might be coming from (or going to). I mean, it depends on how morally outraged you’d like to be about the situation. Contrary to the discussion board hoopla you’ll find online, there is no need to get your back up. This is not #blacklivesmatter. Nobody is going to shoot you because of the color of your skin. In fact, the police in Japan rarely use their firearms.

You are, however, in danger of causing yourself and your companions more trouble than it’s worth should you decide to escalate the situation — and the perception of “escalation” in Japan is quite different than it might be in the West. Here, even raising your voice can be interpreted by Japanese police as noncompliance or obstruction. It’s why you’ll often see Japanese citizens stopped by law enforcement stand perfectly still during an encounter all the while speaking in a non-hysterical voice. The cops as well. No sudden moves. No surprises. Nobody goes to jail.

Raise your voice indignantly, though, and you risk being seen as obstructing police duties. Reason enough for them to ask for your identification, search your person and even ask if you’d like to come “downtown” to the koban (police box). You do not want to do this.

The police in Japan have every legal right to stop you and ask to see your ID. You, in turn, have the right ask them why you’re being stopped. Best to politely pose the question and then submit to their request when they tell you the reason. They’ll note your registration card or passport information, ask you a few more questions and — most likely — you’ll be on your way.

A quick note if the situation does escalate and you find yourself being detained. It’s important to know that in Japan you do not get to make a phone call. By international convention — assuming your country has signed this bilateral agreement (not all have) — if you are held by the police in Japan, they will inform the consular department of your embassy about your arrest.

The British Embassy, for example, would then send the detainee a prisoner pack with a list of lawyers and check if they want a consular visit.

“If so, we automatically visit,” says Auclair. “Then we assess together what kind of assistance [the embassy] can provide to them.”

To avoid this in the first place — use your common sense.

“Because I think fundamentally everybody knows the things that are illegal, right?” says Emma Hickinbotham, the British Embassy’s head of media, communications and marketing. “That you shouldn’t smuggle drugs. That you shouldn’t steal things. Those things — they’re universal. It’s more the nuances of the cultural differences. That is, you might not get arrested but [the situation] could potentially escalate and if you don’t speak the language — maybe in Tokyo it’s different — but out in some of the regions where the rugby is being played, if the local police don’t speak English and they are asking you nicely to put your clothes back on or whatever, it might be [a good idea]. If you don’t understand anything they’re saying, then you might respond and if you’re being too loud, they might misunderstand that as aggression. So, it’s really trying to stop any of those kinds of misunderstandings happening where people may end up getting in trouble for very minor things that are just avoidable.”

To put it in perspective, while many people of all nationalities are stopped daily in Japan, the number of foreigners arrested is significantly small.

So how many UK citizens are arrested or detained in Japan in a year? “I would say about 50,” says Auclair.

Auclair adds something all embassy staff and Japanese people are likely thinking. “We want people to have fun, in the end. We actually want them to enjoy the rugby because we also are very excited about the rugby. [Laughs] You know, we are rugby fans ourselves, so it’s more about: ‘Yeah, just pay attention.’ Have some common sense. Maybe don’t moon in public, that might not be as well received as in the UK.”

For more information on being culturally aware, Auclair and Hickinbotham suggest visiting the UK government’s advisory page with tips for fans traveling to the Rugby World Cup 2019 in Japan.

The more you know before you head out to enjoy a match — whether live at a stadium, in a fan zone with friends or gathered in a bar with strangers — the better time you will have and the less chance of having a bad experience with the police.

Most of it, though, is just common sense — like not urinating on private property or mooning people in public.

ENDS

=====================
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ICI Hotel Kanda unlawfully requires ID from all “foreign guests”, including NJ residents of Japan, as a precondition for stay; claims it’s demanded by Tokyo Metropolitan Police (UPDATED)

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(UPDATE OF SEPT 29 BELOW:  JENIFER CLARIFIES LAW WITH HOTEL, YET HOTEL INSISTS THAT THEY HAVE CHECKED WITH THE POLICE, AND THE POLICE INSIST ALL NJ INCLUDING RESIDENTS MUST SHOW ID AS A PRECONDITION FOR STAY.)

Hi Blog. Here we go again. Debito.org Reader Jenifer (a pseudonym) sends evidence that the ICI Hotel Kanda will not only be demanding ID from all of its “foreign guests” (no doubt, as typically enforced, as a precondition for stay), but also unlawfully requiring even the NJ residents (who have addresses in Japan) display their ID (something not required by law of Japanese guests). The status of “foreign guest” will no doubt be determined on sight or by recorded name, so cue the racial profiling.

The justification? Once again, the Japanese Police (in this case the Tokyo Metropolitan Police) are stretching the law and demanding hotels act as their agents to check all “foreign ID” (something only people with the proper ministerial credentials can do).  And as the ICI Hotel Kanda explicitly says in the Update below, they will refuse accommodation if that ID is not displayed, in direct violation of the laws governing hotel management.

The ICI Hotel Kanda also cites “safety for our guests and other residents in Japan”.  No doubt the Rugby World Cup will be used as a pretext, even though the reservation is for November. Once again, bring in an international event, and use it as a pretext to further alienate Japan’s resident non-citizens and international citizens. I can hardly wait to see what tricks the police come up with next year for Tokyo’s 2020 Olympics. Debito Arudou Ph.D.


UPDATE SEPT 29:  JENIFER REGISTERS A COMPLAINT WITH THE HOTEL

=======================================

On Wed, 18 Sep 2019, Jenifer wrote:
> To whom it may concern,
>
> This is the second time I’ve stayed here and I have another reservation for November but am considering cancelling it.
>
> I just checked in and was asked for my passport. When I stated I live in Japan, I was asked for my residency card. This goes against the laws of Japan. As a hotel, you cannot not ask anyone who states they live in Japan for ID. Not only that, your hotel staff made the assumption I was not Japanese and not living in Japan by asking for my passport. This is blatant racial profiling. The only people who have a right to ask for a residency card is the Japanese police and immigration. As a hotel, it is illegal to ask people you assume to be non Japanese for their residency card.
>
> I checked in speaking Japanese. In the end I showed her my Japanese driver’s license but I’m not happy I felt I had to do that. Do you ask Japanese for picture ID?
>
> I would like to ask that you train your staff better and have them understand the laws of Japan.
> Sincerely, Jenifer

=======================================

THE HOTEL RESPONDS (EMPHASIS ADDED IN BOLD):

=======================================

From:kanda@icihotel.com” <kanda@icihotel.com>
Date: September 27, 2019 at 23:03:10 GMT+9
To: [Jenifer]
Cc: イチホテル神田 <kanda@icihotel.com>
Subject: Re: Check in procedures

Dear [Jenifer],

We greatly appreciate your response.

First, We would like to sincerely apologize once again to you to what happened during your check-in with us. We have no intention to discriminate anyone as we are only following the check-in policy of the hotel.

Please do know that we are fully aware of Japanese law and we have consulted your case to the Tokyo Police Department. As mentioned to our previous emails, They have strictly ordered us to ask for any identification card for foreign visitor or foreign residence of Japan due to security purposes. Otherwise, We won’t be able to accommodate you. Please understand that we are only complying to the city rules and our hotel rules and regulations.

We have coordinated this matter to the authorized personnel, for further specifications kindly contact them directly.

As we already explained our side, If you need further explanation regarding this situation, Please contact Expedia where you have made your reservation.

Please bear in mind that we didn’t meant to have any misconceptions at all. We are truly hoping for your kind understanding.

Sincerely,
ICI Hotel Kanda
Front staff
■□■□■□■□■□■□■□■□■□■□■□■□

┃ イチホテル神田 担当
E-mail: kanda@icihotel.com
┃ 〒101-0044
東京都千代田区鍛冶町1丁目9-15
┃ TEL: 03-3251-1118
FAX: 03-3251-1117

ICI HOTEL Kanda
┃ 101-0044
1-9-15, Kaji-cho, Chiyoda-ku, Tokyo, Japan
┃ TEL: 03-3251-1118
FAX: 03-3251-1117
┃ E-mail: kanda@icihotel.com

■□■□■□■□■□■□■□■□■□■□■□■□

Jenifer concludes:  “It’s like they don’t want to admit the cops aren’t following the law… ”

======================
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Sept. 19, 1999: 20th Anniversary of the Otaru Onsens Case today: Kindle eBooks “Japanese Only” and “Guidebook” are now downloadable for (almost) free

mytest

Books, eBooks, and more from Dr. Debito Arudou (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  September 19, 1999 was a watershed day in my life, when my family, friends, and I visited the “Japanese Only” Otaru public baths and exposed discrimination in Japan incontrovertibly as racial in nature.

It has been exactly twenty years to the day since then, and not enough has changed.  People (including Japanese citizens) are still being refused services in Japan based upon whether they “look foreign”.  The police still engage in racial profiling as standard operating procedure to ferret out “illegal foreigners”.  There still is no law against racial discrimination in Japan’s Civil or Criminal Code.

Japan remains a signatory to the UN Convention on Racial Discrimination, where it promised (since 1995) to “undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms“. Nearly a quarter-century later, this clearly has not happened.

All of this has been charted and cataloged in great detail in my book “Japanese Only: The Otaru Hot Springs Case and Racial Discrimination in Japan“.

To commemorate twenty years of GOJ negligence following a case that changed the dialog on discrimination in Japan, my “Japanese Only” Kindle eBook is now free to download on Amazon.com.

Well, nearly free. Amazon requires that I charge something, unfortunately. The minimum price is 99 cents US. So I’ve set that price for the book in all countries effective immediately.

Similarly, my book for how to cope with life in Japan and make a good living here, “Guidebook for Relocation and Assimilation into Japan”, is now also nearly free. 99 cents.

Go download and enjoy both. And may the lessons of the Otaru Onsens Case reverberate and help everyone in Japan have equal access to public goods and facilities. Debito Arudou, Ph.D.

=====================
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“Educating the Non-Japanese Underclass”, my Shingetsu News Agency “Visible Minorities” column 2

mytest

Books, eBooks, and more from Dr. Debito Arudou (click on icon):
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Hi Blog. Here’s an excerpt my latest for the Shingetsu News Agency. Enjoy. Debito Arudou Ph.D.

Visible Minorities Column 2: Educating the Non-Japanese Underclass
Shingetsu News Agency, SEP 17, 2019 by DEBITO ARUDOU
http://shingetsunewsagency.com/2019/09/17/visible-minorities-educating-the-non-japanese-underclass/

SNA (Tokyo) — In a shocking series of exposés at the beginning of this month, the Mainichi Shinbun reported that minority children of workers in Japanese schools were being segregated from their Japanese peers, put in classes for the mentally disabled, and systematically denied an education.

For years now, according to Ministry of Education surveys, schools have subjected their non-native foreign minority students to IQ tests. The results were striking: Non-Japanese children were found to have “developmental disorders” at more than double the rate of the general Japanese student population.

Striking, but not all that surprising—since these tests assessed IQ via culturally-grounded questions, on things like Japanese shogunates and tanabata festivals. They also considered a lack of Japanese language skills an “intellectual” disability.

Let that sink in. Try claiming that your Japanese students are dim because they aren’t proficient in English, and then watch how long you remain an educator.

But here’s where the bad science turns evil…

Read the rest at http://shingetsunewsagency.com/2019/09/17/visible-minorities-educating-the-non-japanese-underclass/

=====================
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Mainichi: “‘Prison camps for Brazilians’: Foreign kids in Japan being ushered into special education.” Perpetuates the Japan-“educated” NJ underclass

mytest

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Hi Blog. What follows are two articles that should make you shudder, especially if you have children in Japan’s education system. Here we have kids being treated by Japanese schools as low-IQ “disabled” students just for not being proficient in Japanese language or culture! (Imagine what would happen if ESL teachers in Japan tried to make the case in public that many Japanese are mentally-deficient because they can’t learn English proficiently!)

To make things even more abhorrent, according to a Mainichi headline below, they’re putting these NJ children to work in “prison camps” instead of educating them. This is not only violates the spirit of Japan’s Basic Education Law (or Kyouiku Kihon Hou — which, note, ONLY guarantees a compulsory education to kokumin, or citizens), but also violates once again Japan’s child labor laws. And it creates and perpetuates the underclass of NJ children “educated” in Japan.

There is so much wrong going on here, and I’m glad the Mainichi exposed it. Debito Arudou Ph.D.

PS:  How about this latest permutation of the NJ “Blame Game” from a school vice principal cited below? “When foreigners increase in number, the learning progress of Japanese students is delayed. As far as is possible, (foreign students) should go to classes to be taught one on one.”  So now the presence of foreign classmates hinder Japanese students from getting an education?  Do these “educators” actually have modern training in how education happens?

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‘Prison camps for Brazilians’: Foreign kids in Japan being ushered into special education
September 4, 2019 (Mainichi Japan), courtesy of Baud
https://mainichi.jp/english/articles/20190903/p2a/00m/0fe/020000c?

PHOTO CAPTION: A Peruvian boy, 17, collects data from a questionnaire as part of his work training in Nagoya. He is currently enrolled in a high-school-level special education class, and is looking for employment. (Mainichi/Haruna Okuyama) (Image partially modified)

Many foreign children in Japan are being placed in special education against their wishes amid a lack of consensus building with schools and doctors as they have trouble understanding Japanese.

【Related】High ratio of foreign students put in special education after sitting IQ tests in Japanese

【Related】Survey reveals barriers to foreign-born students trying to enter Japan high schools

The finding comes in spite of a notice issued by the Ministry of Education, Culture, Sports, Science and Technology in 2013 regarding where children with disabilities should study, which states that “the opinions of the child and their parents must be respected as far as is possible.”

In one case, a 14-year-old Brazilian girl who was born in Japan and is now in her second year of junior high school was placed in a special education class for her first four years of elementary school, without her or her mother being given a sufficient explanation.

The girl’s mother came to Japan about 15 years ago, and soon afterward she began working at a car parts factory for about 11 hours a day. She didn’t have enough time to check on her daughter’s schoolwork, so she asked a home tutor to do so. One day, when the girl was in her fourth year of elementary school, it emerged that she couldn’t do multiplication. When the girl was asked, “Don’t you learn that in school?” she replied, “We dig for potatoes at school.”

The school maintained that it was matching education to the level of the children, and argued, “We received a signature when she was enrolled.” Thinking back, the girl’s mother remembered signing a document saying that her daughter would enter a class in which difficult topics would be taught to the students individually. There was no IQ test or other screening method carried out in advance, and the girl’s mother thought that she would be the same as other students, with the school teaching her the subjects she wasn’t good at.

PHOTO CAPTION: This image taken in Nagoya shows memos a doctor presented to the mother of a 6-year-old boy who had taken an IQ test to judge whether he should enter a special education class. (Mainichi/Haruna Okuyama)

When it came to study, however, the girl was taught hardly anything. Later, when she moved schools and took an IQ test in the sixth grade, she was judged to have the intellectual ability of about a 6- or 7-year old. In junior high school, she has remained in a special education class.

A Brazilian woman in her 20s who has already graduated described these special education classes as “prison camps for Brazilians,” as she has seen many friends from her country as well as children being urged to join such classes.

One 8-year-old Brazilian boy now in his third year of elementary school was advised to enter a special education class in the summer of 2017 when he was in his first year of school on the grounds that he stood up and walked about during class. During an IQ test, he was found to have an IQ commensurate with his age, but was judged to have a slightly lower level of Japanese language ability. His mother stressed that he should attend a Japanese language class at school, but his teacher stood firm, saying it was an “intellectual issue.”

The discussions continued, and the boy entered his second year of elementary school. He got a new teacher, and stopped walking around in class. The talk of him going into special education subsequently ceased. The boy’s mother feels that his first teacher was trying to get her son put in special education due to an inability to instruct him.

When approached by the Mainichi Shimbun, the school’s vice principal responded, “We decide whether or not a student goes into special education based on objective data such as hospital tests, and obtain parental consent.” But the vice principal divulged, “When foreigners increase in number, the learning progress of Japanese students is delayed. As far as is possible, (foreign students) should go to classes to be taught one on one.”

Even when it is recognized that a child has an intellectual disability, there are cases in which they are not given sufficient explanations about IQ tests.

One 17-year-old Peruvian national now living in Nagoya was given an IQ test when he entered elementary school, and was diagnosed as having a slight intellectual disability. An IQ test he took in Peru had produced the same result, so his mother did not object to him being enrolled in a special education class. But the Japanese doctor who saw him went no further than providing a verbal opinion. In Peru, his mother had received a diagnosis of 2 to 3 A4-sized pages, and so she asked for more, saying, “I want documentation explaining the diagnosis.”

Upon completion of the diagnosis, she saw the “paperwork” via a nurse, and was lost for words. It consisted merely of two leafs of memo paper, containing basic phrases written in the simple hiragana script: “Intelligence test, about 4 years old.” “Special education, slight delay.”

(Japanese original by Haruna Okuyama, City News Department)
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外国からきた子どもたち 小4、掛け算も教わらず 支援学級「ブラジル人収容所」
毎日新聞2019年9月3日 東京朝刊

職業訓練の一環として、アンケートの集計作業をするペルー国籍の少年(17)。現在は特別支援学校の高等部に在籍し、就職を目指す=名古屋市で、奥山はるな撮影(画像の一部を加工しています)

障害のある子どもの就学先について、文部科学省は2013年の通知で「本人と保護者の意見を可能な限り尊重しなければならない」と明記した。一方で、日本語が十分に理解できないため学校や医師と合意形成できず、希望しないまま特別支援学級に在籍する外国人の子どもは後を絶たない。

日本で生まれ、岐阜県の小学校に通ったブラジル人の中学2年の少女(14)は本人や母親に説明もなく、入学時から小学4年まで特別支援学級に在籍することになった。

母親は約15年前の来日直後から1日約11時間、自動車部品工場で働く。日ごろ勉強を見てあげる余裕がな…

Rest behind paywall at https://mainichi.jp/articles/20190903/ddm/012/040/130000c?

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RELATED:

High ratio of foreign students put in special education after sitting IQ tests in Japanese
September 3, 2019 (Mainichi Japan)
Courtesy https://mainichi.jp/english/articles/20190902/p2a/00m/0na/016000c

PHOTO CAPTION: Takeshi Kayo, 15, who struggled to understand Japanese and was diagnosed as having a developmental disorder, studies for high school entrance exams at a cram school in the suburban city of Fussa in Tokyo in June 2019. (Mainichi/Haruna Okuyama)

TOKYO — Some foreign children in special education in Japan may have been mistakenly diagnosed as having intellectual or other disabilities due to low scores on their IQ tests because they couldn’t understand Japanese, experts have pointed out.

【Related】Foreign kids in Japan relying on volunteers for language support
【Related】10,400 foreign kids lack Japanese language education amid instructor shortfall

Among public elementary and junior high school students in 25 Japanese cities and towns that have a large population of foreign nationals, more than twice the percentage of all students enrolled in special education classes are foreign children, a freedom of information request filed with the education ministry and other sources revealed.

A survey conducted by the Ministry of Education, Culture, Sports, Science and Technology in February 2017 showed that 25 cities and towns that are part of a colloquium of municipalities where many foreign nationals reside called “Gaikokujin Shuju Toshi Kaigi,” 5.37% of foreign children at public elementary and junior high schools were found to be in special education classes, compared to 2.54% of all students at those schools. The results were compiled of foreign children who were in special education classes as of May 2016. The education ministry had not publicly released the survey results or even revealed that it had conducted the survey, saying “it was an internal survey of just some municipalities.”

The situation in May 2019 had also been surveyed in Ota, Gunma Prefecture; Ueda, Nagano Prefecture; Minokamo, Gifu Prefecture; the cities of Yokkaichi and Iga, Mie Prefecture; the cities of Toyohashi and Shinshiro, Aichi Prefecture; and Soja, Okayama Prefecture. The Mainichi Shimbun used the latest data for these eight cities, and calculated the percentage of foreign children in special education classes. The result showed that 5.37% (584 children out of 10,876) of foreign students were enrolled in special education classes, which was over twice the 2.54% (8,725 children out of 343,808) of students who were enrolled in special education classes out of the entire student population in those cities.

In all 25 cities and towns, the ratio of foreign children in special education classes was higher than the ratio of all students in special education classes, with foreign students comprising nearly 20% of special education classes in Soja, Iga, and Shinshiro, at 19.35%, 18.31% and 17.78%, respectively. Foreign students in the 25 cities and towns make up about 15% of those in all of Japan, and it is believed that the trend is similar in the rest of the country.

Whether a student is placed in a special education class depends on several criteria, including IQ tests. Because IQ tests are generally administered in Japanese, it is possible that the IQs of foreign students are not being assessed accurately. An official at the Soja Municipal Government said, “Enrollment in special education classes is the result of evaluating (foreign) students in the same way as Japanese students, but we recognize that the high rate of foreign students (in special education) is something that must be addressed. We’d like to analyze the results (of the survey).”

Yu Abe, the director of Yotsuya Yui Clinic in Tokyo’s Shinjuku Ward, which administers IQ tests in not just Japanese but in Spanish and Portuguese as well, points out that IQ tests have questions similar to those such as “Who founded the Kamakura shogunate?” and “When is the Tanabata festival?” which put the test-taker at a disadvantage if they are not familiar with Japanese culture. Says Abe, “It is difficult to determine if something is due to a disability, a Japanese language proficiency issue or a combination of those things. My hope is that educators expand the possibilities of support for students. For example, if a student has subjects they are good in, such as math or English, they can stay in the standard class, and receive extra assistance in Japanese language and social studies in Japanese language support classes.”

(Japanese original by Haruna Okuyama and Tomoyuki Hori, City News Department)

特別支援学級
外国籍率2倍 IQ検査、日本語力影響か 集住25市町
毎日新聞2019年9月1日 大阪朝刊

外国人が多く住む25市町の公立小中学校に通う外国籍の子どもの5・37%が、知的障害がある子らが学ぶ「特別支援学級」に在籍していたことが、文部科学省への情報公開請求などで判明した。25市町の全児童生徒のうち特別支援学級に在籍しているのは2・54%で、外国籍の子どもの在籍率は2倍超に達していた。専門家は「日本語が理解できないため知能指数(IQ)検査の結果が低く、知的障害などと判断された可能性がある」と指摘している。(27面に「にほんでいきる」)

調査は2017年2月、文科省が外国人住民の多い自治体でつくる「外国人集住都市会議」に参加する25市…

Rest behind paywall at https://mainichi.jp/articles/20190901/ddn/001/040/004000c

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XY on being racially profiled–by a designated police task force looking for “bad foreigners”–for a traffic fender bender caused by someone else!

mytest

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Hi Blog. I found this experience online a few days ago from someone I trust, who has extensive Japanese experience and knowledge. The author had an interesting experience with a traffic accident (which wasn’t the author’s fault) and it resulted in being racially profiled.

But what makes this a Debito.org Issue is that the Japanese police are now apparently dedicating a special unit just to investigate “bad foreigners”, even those involved in traffic fender benders!

(Making the story even more authentic is the part about the cop afterward asking for further cooperation in the racial profiling.  It happened too me to on the day I naturalized!)

Read on. Reproduced with the permission of the author. Debito Arudou Ph.D.

===================
XY: I had a bitter but enlightening experience today.

Returned to a supermarket parking lot this morning to find my car surrounded by a small group of Japanese police and onlookers. Apparently a lady backed into my car when I wasn’t there and had called the police to file a report. I think they were all quite surprised to learn that the car was driven there by an American and even more surprised that the American could speak Japanese. Everyone was very kind and both the cops and the woman who hit my car took the time to speak over the phone to my boss and apologize for the incident.

Things got strange when the regular uniformed police called in their racial profiling specialist unit for backup. This was a man wearing a plain white polo shirt who told me I needed to stick around after letting the woman who had hit my car go, did not present a badge, and introduced himself only when I asked him who he was as a man whose job it is to catch “bad foreigners.” He explained that he wanted to check if my visa card and drivers license were fake because “it’s very easy to make fakes these days.”

If the prevalence of fakes was the only issue at hand, one would wonder why he let the woman who had hit my car go without also checking to see whether her license was also a fake, but I didn’t bother pointing this out because it was obviously taken for granted that only “bad foreigners” would make fake IDs and conduct whatever nefarious activities they were potentially looking for beyond the ID pretext.

I stood around for 30 minutes in the heat batting around irrelevant questions until I was cleared to go. The racial profiling unit explained to me without a smile that catching “bad foreigners” is hard work and told me to keep an eye out and let him know if I saw anything in the future. I told him I’d do my best.

Altogether, the issue was resolved without any incident, other than the bullshit that I went over the meter time in the parking lot because my car was hit, and that they made me pay this out of my own money. I left with only a small dent and a learning experience.

Coming from the U.S., it’s an interesting experience as a white person with blonde hair to become an ethnic minority in another country, and to get a few molecules of a taste of the kind of shit ethnic minorities in the U.S. and other countries have to put up with on a regular basis.

It also adds a bit of perspective to experience firsthand that racial profiling and mistrust of “foreigners” isn’t a uniquely American concept, but that human beings do the same shit the whole world over, even in countries like Japan that are often stereotyped as nations grounded in respect for others.
===================
ENDS
======================
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Kyoto JET Programme teacher TS on being made homeless due to xenophobic landlord, and Kyoto Board of Education (who found the apartment) refuses to help

mytest

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Hi Blog. Turning the keyboard over to Debito.org Reader TS, for a lowdown on how the JET Programme might leave their NJ employees in the lurch in the face of xenophobic landlords. Debito Arudou Ph.D.

////////////////////////////////////////////////
From: TS
Subject: Re: Housing contract liabilities as JET program is willing to leave us homeless
Date: August 20, 2019
To: Debito Arudou

Dear Debito,

I have recently learned that as a JET participant via the Kyoto Board of Education that I will lose my housing at the end of August. My landlord, school and board of education will not help me or my wife in recontracting our current place.

My school, Hokuryo, used a flat agency last summer (August 2018) to find adequate housing for my wife and myself. Due to their lack of due diligence and responsible research, we moved in and signed a contract all in Japanese (not explained to us when I first arrived) that the landlord and his wife did not want friends or family visiting my wife and me.

This problem came up in September 2018 when I had a fellow JET from Hyogo visit; I attempted to introduce her (she being African-American) to my landlord, and he promptly crossed his hands and said “no friends”. Next my school gets a call from my landlord, and I’m brought to have a meeting with my principal, English teachers, office staff, and the landlord and landlady. They explained that they don’t want other people (hinting at other foreigners) visiting due to safety issues and concern.

I replied that we trust our guests and also to remind them that nowhere in the contract I signed said this. I also said that if we had known all of this information in advance, we would not have agreed to live in that apartment. In our view, it was the school who decided to offer us this apartment without due diligence and explanation, and in any case I’m not going to say no to, for example, my parents and parents-in-law and force them to go find a hotel if and when they visit. I thought the JET programme was about cultural exchange, anyway.

Following that, over the past year the landlady has come and harassed us about visitors (even though, I repeat, it was nowhere explicitly written in the contract). She also mentioned she was not the one who accepted foreigners to live in the apartment; it was her husband.

Now here it is August 2019, and I am under the impression that my wife and I will have a place to live for the upcoming contract year with JET. However, this time the school delivers a new contract explicitly with stipulations of “no guests in apartment.” You can imagine my anger when I say “you’re forcing me to re-sign for something I didn’t want in the first place.”

So now because we have been given less than a month to find a place that we also hadn’t financially saved up for in terms of moving (it’s more expensive to live elsewhere). But okay, I resigned to signing again for just one more year and accepting their terms of no guests. But a few days ago, I have come to find out that neither my school nor the landlord want to re-sign the contract and thus, the new contract was just for show.

My school has also informed me that they won’t sign as guarantor for any apartment like they will for the other ALT at my school because the circumstances aren’t the same. Is that not discrimination?

I say this because I don’t believe this would have happened had my wife and I been of Caucasian descent.  I am Filipino-American and my wife is a Chinese-Pakistani Canadian Muslim.  The landlords have made it very clear in how they treat other foreigners. 

So now, with only less than 2 weeks before the end of the month, my wife and I cannot live in our current place, nor have the funds to afford to move and live in another… so what are we supposed to do?  How are we supposed to teach and fulfill our contracts but not have anywhere to live?  It is unacceptable the way we have been mistreated by this government program, our board of education and, most specifically, our schools.

I have attempted reaching out to both our prefectural advisor at Kyoto Board of education and a representative from CLAIR but neither can give us a solid answer in moving forward to remedy this situation. How are we to be JET Programme participants and be homeless? Is this my school and Board of Education’s passive-aggressive method of making us break contract? How is this cultural exchange?

Our treatment has solidified how temporary we as even foreign and migrant workers are in the eyes of the Japanese people and government.

Sincerely, TS

=====================
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DEBITO.ORG NEWSLETTER AUGUST 23, 2019

mytest

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DEBITO.ORG NEWSLETTER AUGUST 23, 2019

Hello Debito.org Newsletter Readers. We are back after a few weeks off for Summer Vacation with news of a brand new column at the Shingetsu News Agency:

“Visible Minorities”: Debito’s first monthly column for the Shingetsu News Agency, Aug 19, 2019

Excerpt:
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My name is Debito Arudou, that guy from Sapporo who started writing about Japan from the early 1990s on a long-dead mailing list called the Dead Fukuzawa Society. I wrote so much there that I decided to archive my writings on a webpage. Debito.org soon blossomed into an award-winning reference site on life and human rights in Japan, and later a platform for newspaper articles and fieldwork research on racial discrimination.

After moonlighting at places like the now-defunct Asahi Evening News and Japan Today, I began writing in 2002 a column for Japan Times, first under Zeit Gist and then Just Be Cause. Decades later, here we are with a new monthly column at the Shingetsu News Agency, under the title Visible Minorities. I chose this title for two reasons…
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Read the rest at
http://shingetsunewsagency.com/2019/08/19/visible-minorities-debitos-new-column-for-the-shingetsu-news-agency/

Alright, on with the Newsletter:

Table of Contents:
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1) Kyodo: Japan celebrates its South American Japanese diaspora. Praising them for doing what it complains NJ immigrants to Japan do. (Like take Nippon Foundation money to sterilize Peruvian indigenous peoples?)

2) Reuters: Yet another NJ detainee dies after hunger strike after 3 years in Japan “detention center”; time for a change in labeling

3) US State Dept. 2018 Country Reports on Human Rights Practices, Japan: Highlights for Debito.org Readers

… and finally…
4) Japan Times JBC 116: “‘Love it or leave it’ is not a real choice” (on how Trump’s alienation of critics of color is standard procedure in Japan), July 24, 2019
//////////////////////////

By Debito Arudou Ph.D.
debito@debito.org, www.debito.org, Twitter @arudoudebito
Debito.org Newsletters are Freely Forwardable

//////////////////////////

1) Kyodo: Japan celebrates its South American Japanese diaspora. Praising them for doing what it complains NJ immigrants to Japan do. (Like take Nippon Foundation money to sterilize Peruvian indigenous peoples?)

Kyodo: Princess Mako paid a visit to Peruvian President Martin Vizcarra on Thursday in Lima during her trip to mark the 120th anniversary of the start of Japanese immigration to the South American country. “I feel Japanese Peruvians are treated very well in Peru. I’m grateful that Peru accepted Japanese immigrants,” the 27-year-old princess, the eldest daughter of Crown Prince Akishino, said during the meeting at the president’s office.

Vizcarra said he is glad that Japanese Peruvians are actively involved in various fields. The president also showed his gratitude to Japan’s contribution to Peru in the areas of technological and economic cooperation and archaeology. [Princess Mako] later met at a hotel in Lima with representatives of Japanese people living in Peru and Japanese volunteers dispatched by the Japan International Cooperation Agency, thanking them for their efforts in the country. On Wednesday, she attended a ceremony marking the immigration anniversary and met with Peruvians of Japanese descent. She is scheduled to travel to Bolivia on Monday to mark the 120th anniversary of the start of Japanese immigration to that country.

COMMENT FROM DEBITO.ORG READER AIS: “Team Japan celebrates its emigrants for their contributions (i.e. being Japanese) – essentially praising them for doing what it complains its immigrants do.”

COMMENT FROM DEBITO.ORG READER JDG: “Notice they don’t talk about LDP members funding Peruvian government forced sterilization of ethnic minorities. That’s some Japanese contribution to Peruvian society!”

BBC in 2002: More than 200,000 people in rural Peru were pressured into being sterilised by the government of former President Alberto Fujimori, an official report has revealed. The Health Minister, Fernando Carbone, said the government gave misleading information, offered food incentives and threatened to fine men and women if they had more children.

Poor indigenous people in rural areas were the main targets of the compulsive family planning programme until 2000, when Mr Fujimori left for Japan amid mounting corruption allegations against him. Mr Carbone said there was evidence that Mr Fujimori and a number of high-ranking ministers could be held responsible for “incorrect procedures” and “human rights violations”.

COMMENT FROM DEBITO: Now, before anyone writes in and says, “Don’t be racist. Alberto Fujimori didn’t do this BECAUSE he is Japanese. He just happened to be of Japanese descent. (And self-claimed citizenship.) While doing monstrous things.

However, remember that Fujimori WAS being funded by the right-wing Nippon Foundation (founded by war criminal Sasakawa Ryouichi), especially when it was being headed by self-proclaimed South African Apartheid supporter (and apparently personal friend of Fujimori’s) Sono Ayako.

Meaning Fujimori, with the help of Japanese eugenicists, was cleansing Peru’s countryside of Peruvian indigenous peoples without proper medical procedure or oversight.

We’ve covered Sono Ayako’s ideological hijinks and Alberto Fujimori’s international criminal activity (which is why he is in prison now) on Debito.org before. What’s missing from this celebration of Japanese history in South America, as JDG notes, is Japan’s hand in overseas modern human rights atrocities.

http://www.debito.org/?p=15703

//////////////////////////

2) Reuters: Yet another NJ detainee dies after hunger strike after 3 years in Japan “detention center”; time for a change in labeling

REUTERS: A Nigerian man died in a Japanese immigration detention center this week, an official said on Thursday, bringing to an end a hunger strike an activist group said was intended to protest his being held for more than three years. It was the 15th death since 2006 in a system widely criticized over medical standards, the monitoring of detainees and how guards respond to a medical emergency…

RINK, a group supporting detainees at the center, told Reuters the Nigerian had been on hunger strike to protest his lengthy detention. Another 27 foreigners are on hunger strike at a detention center in Ushiku, northeast of Tokyo, said a separate group supporting detainees at that facility. Some of them have gone without food for 47 days, said Kimiko Tanaka, a spokeswoman for the group… Two other men at Ushiku have been detained for five years, she said. “The reality of a lengthy detention is nothing but a human rights violation,” Tanaka said.

COMMENT: Dovetailing with last week’s blog entry about how Japan’s new “open door” visa programs violate basic human rights, here’s the old classic “closed door” policies aimed to punish bureaucratic transgressions by perpetually detaining people under conditions that don’t fall under standards for sufficient monitoring (because technically, they’re not “prisons”). Policywise, they’re meant to be a deterrent — part of a separate judicial track for foreigners in Japan with fewer human rights (full details on this in “Embedded Racism” Ch. 6). Separate and lethal.

Again, given how Japan’s ethnostate policies are an inspiration for xenophobes and racial supremacists worldwide, I would argue that these longstanding inhumane “Gaijin Tanks” are a working model for the “concentration camps” (the political term of debate in the US these days) for detainees along the American southern border. Except politicians in Japan don’t have the cojones to call them anything but benign-sounding “detention centers” — after all, who in any position of power cares about the plight of foreigners in Japan?

http://www.debito.org/?p=15691

//////////////////////////

3) US State Dept. 2018 Country Reports on Human Rights Practices, Japan: Highlights for Debito.org Readers

Every year, the US State Department issues its “Country Reports on Human Rights Practices”. As highlighted by the Shingetsu News Agency, the 2018 Report on Japan came out last March. Now while it’s quite rich for the US to be reporting on other countries (but not, notably, itself) while it has an ongoing human-rights debacle for detained foreign entrants and asylum seekers (and their children) around its southern border, this Report has been cited over the years as authoritative (and it has also included the work of Debito.org and others). So here are the highlights on issues pertaining to Debito.org. As you can see, a lot of information is glossed over. Here are some highlighted sections for Debito.org Readers:

2018 Country Reports on Human Rights Practices: Japan, March 13, 2019

Section 1. Respect for the Integrity of the Person
Prison and Detention Center Conditions
D. ARBITRARY ARREST OR DETENTION
ROLE OF THE POLICE AND SECURITY APPARATUS
ARREST PROCEDURES AND TREATMENT OF DETAINEES
Pretrial Detention

Section 2. Respect for Civil Liberties
A. FREEDOM OF SPEECH AND PRESS
Freedom of Expression
D. FREEDOM OF MOVEMENT, INTERNALLY DISPLACED PERSONS, PROTECTION OF REFUGEES, AND STATELESS PERSONS
Access to Asylum
Access to Basic Services
Elections and Political Participation
Participation of Minorities

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Government Human Rights Bodies

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
International Child Abductions
National/Racial/Ethnic Minorities

Section 7. Worker Rights
B. PROHIBITION OF FORCED OR COMPULSORY LABOR
E. ACCEPTABLE CONDITIONS OF WORK

http://www.debito.org/?p=15599

//////////////////////////

… and finally…
4) Japan Times JBC 116: “‘Love it or leave it’ is not a real choice” (on how Trump’s alienation of critics of color is standard procedure in Japan), July 24, 2019

My latest Japan Times column, talking about how Trump’s recent use of a racist trope, denying people of color the right to belong in a society simply because they disagree with the dominant majority’s ideology, is taking a page from Japanese society’s standard tactics of forcing NJ and Visible Minorities to “love Japan or go home”. Excerpt:

JBC116: Roiling American politics last week was a retort by President Donald Trump toward congresswomen of color critical of his policies. First he questioned their standing (as lawmakers) to tell Americans how to run the government. Then he said they should “go back” to the places they came from and fix them first. For good measure, he later tweeted, “If you are not happy here, you can leave!”

The backlash was forceful. CNN, NPR, The New York Times, Washington Post and other media called it “racist.” Others called it “un-American,” pointing out that telling people to go back to other countries might violate federal antidiscrimination laws. The Atlantic was even apocalyptic, arguing that “what Americans do now (in response) will define us forever” as the world’s last great bastion of multiracial democracy.

Why is this an issue for this column? Because it’s hard to imagine a similar backlash happening in Japan, even though this kind of alienation happens here often. [In fact, in Japan it’s old hat…]

Rest at https://www.japantimes.co.jp/community/2019/07/24/issues/love-leave-not-real-choice/
Anchor site on Debito.org with comments at http://www.debito.org/?p=15708

//////////////////////////

That’s all for this Newsletter! Thanks for reading!

DEBITO.ORG NEWSLETTER AUGUST 23, 2019 ENDS

=====================
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“Visible Minorities”: My first monthly column for the Shingetsu News Agency, Aug 19, 2019

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Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. Welcome back from a Summer Break. I’m pleased to announce that I have a new monthly column at the progressive Shingetsu News Agency, the only place left (following the rightward editorial shift at The Japan Times) offering independent journalism on Japan in Japan.

Here’s an excerpt, where I stake out what the column space will be about:

////////////////////////////////////////////////////////

Visible Minorities: Debito’s New Column for the Shingetsu News Agency

SHINGETSU NEWS AGENCY, AUG 19, 2019 by DEBITO ARUDOU in COLUMNS
http://shingetsunewsagency.com/2019/08/19/visible-minorities-debitos-new-column-for-the-shingetsu-news-agency/

My name is Debito Arudou (or Arudou Debito, if you prefer), that guy from Sapporo who started writing about Japan from the early 1990s on a long-dead mailing list called the Dead Fukuzawa Society. I wrote so much there that I decided to archive my writings on a webpage. Debito.org soon blossomed into an award-winning reference site on life and human rights in Japan, and later a platform for newspaper articles and fieldwork research on racial discrimination.

After moonlighting at places like the now-defunct Asahi Evening News and Japan Today, I began writing in 2002 a column for Japan Times, first under Zeit Gist and then Just Be Cause.

Decades later, here we are with a new monthly column at the Shingetsu News Agency, under the title Visible Minorities.

I chose this title for two reasons…

////////////////////////////////////////////////////////

Read the rest at
http://shingetsunewsagency.com/2019/08/19/visible-minorities-debitos-new-column-for-the-shingetsu-news-agency/

Enjoy.  Let’s hit the last three months of this year running, and help reverse the tide of xenophobia that has swept liberal democracies worldwide.  Debito Arudou Ph.D.

======================
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Book “Embedded Racism in Japan”, acclaimed as “important, courageous and challenging” and “a must-read” by prominent academic journals, now discounted to $34.99 if bought through publisher directly, using promo code LEX30AUTH16

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Books, eBooks, and more from Dr. Debito Arudou (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” has been receiving acclaim.   Prominent Japan Scholar Tessa Morris-Suzuki calls it “important, courageous and challenging“, the Pacific Affairs journal finds it “a timely and important contribution to social and scholarly debates about racial discrimination in Japan“, the Japan Studies Association of Canada says it is “an important contribution to geography, cultural and area studies“, and the Sociology and Ethnic Studies imprint of the American Sociological Association calls it “a brave critique of Japanese society and its failure to look outward in its demographic and economic development, … as it makes an important contribution for those wishing to understand racism in Japan better… The book would easily suit courses that address global conceptions of race and ethnicity and how these are changing in Japan at both the micro and macro levels because of globalization.”

Dr. Robert Aspinall in a review in Social Science Journal Japan concludes:

“There are important academic contributions to the study of racism in Japan in this book, but it is as a must-read text on the crisis facing the shrinking Japanese population and its leaders that it really leaves its mark. Embedded Racism is highly recommended reading to anyone—whether they self-identify as Japanese or foreign or both—who is interested in Japan’s future.” (read more)

“Embedded Racism” has been discounted 30% for a limited time to $34.99 in paperback and Kindle if bought through my publisher (Lexington Books/Rowman & Littlefield) directly.

Go to https://rowman.com/ISBN/9781498513906/Embedded-Racism-Japan’s-Visible-Minorities-and-Racial-Discrimination and use promo code LEX30AUTH16. (Japan residents have reported getting the book in about a week for $40 including quick shipping.)

More information and reviews on the book at http://www.debito.org/embeddedracism.html.

Download a book flyer and order form at http://www.debito.org/EmbeddedRacismPaperbackflyer.pdf

More than 130 of the world’s major research libraries (including Harvard, Princeton, Yale, Stanford, Cornell, Columbia…) have in its first year of publication made “Embedded Racism” part of their collections (according to WorldCat).  Add it to yours!

Thanks very much as always for reading!  Debito Arudou Ph.D.

======================
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Japan Times JBC 116: “‘Love it or leave it’ is not a real choice” (on how Trump’s alienation of critics of color is standard procedure in Japan), July 24, 2019

mytest

Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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If you like what you read and discuss on Debito.org, please consider helping us stop hackers and defray maintenance costs with a little donation via my webhoster:
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All donations go towards website costs only. Thanks for your support!

Hi Blog. My latest Japan Times column, talking about how Trump’s recent use of a racist trope, denying people of color the right to belong in a society simply because they disagree with the dominant majority’s ideology, is taking a page from Japanese society’s standard tactics of forcing NJ and Visible Minorities to “love Japan or go home”. Excerpt follows below. Debito Arudou Ph.D.

///////////////////////////////

ISSUES | JUST BE CAUSE
justbecauseicon.jpg
‘Love it or leave it’ is not a real choice
BY DEBITO ARUDOU, THE JAPAN TIMES, JUL 24, 2019

Roiling American politics last week was a retort by President Donald Trump toward congresswomen of color critical of his policies.

First he questioned their standing (as lawmakers) to tell Americans how to run the government. Then he said they should “go back” to the places they came from and fix them first.

For good measure, he later tweeted, “If you are not happy here, you can leave!

The backlash was forceful. CNN, NPR, The New York Times, Washington Post and other media called it “racist.” Others called it “un-American,” pointing out that telling people to go back to other countries might violate federal antidiscrimination laws.

The Atlantic was even apocalyptic, arguing that “what Americans do now (in response) will define us forever” as the world’s last great bastion of multiracial democracy.

Why is this an issue for this column? Because it’s hard to imagine a similar backlash happening in Japan, even though this kind of alienation happens here often. [In fact, in Japan it’s old hat…]

Rest at https://www.japantimes.co.jp/community/2019/07/24/issues/love-leave-not-real-choice/

=============================

Do you like what you read on Debito.org?  Want to help keep the archive active and support Debito.org’s activities?  Please consider donating a little something.  More details here. Or even click on an ad below.

Kyodo: Japan celebrates its South American Japanese diaspora. Praising them for doing what it complains NJ immigrants to Japan do. (Like take Nippon Foundation money to sterilize Peruvian indigenous peoples?)

mytest

Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. Check out this article that appeared recently in The Japan Times, courtesy of the wire services:

///////////////////////////////////////
Princess Mako meets with Peruvian president, expresses gratitude for acceptance of Japanese immigrants
KYODO, JIJI JUL 12, 2019 (excerpt), courtesy of Andrew in Saitama
https://www.japantimes.co.jp/news/2019/07/12/national/princess-mako-meets-peruvian-president-expresses-gratitude-acceptance-japanese-immigrants/

LIMA – Princess Mako paid a visit to Peruvian President Martin Vizcarra on Thursday in Lima during her trip to mark the 120th anniversary of the start of Japanese immigration to the South American country.

“I feel Japanese Peruvians are treated very well in Peru. I’m grateful that Peru accepted Japanese immigrants,” the 27-year-old princess, the eldest daughter of Crown Prince Akishino, said during the meeting at the president’s office.

Vizcarra said he is glad that Japanese Peruvians are actively involved in various fields.

The president also showed his gratitude to Japan’s contribution to Peru in the areas of technological and economic cooperation and archaeology. […]

She later met at a hotel in Lima with representatives of Japanese people living in Peru and Japanese volunteers dispatched by the Japan International Cooperation Agency, thanking them for their efforts in the country. […] On Wednesday, she attended a ceremony marking the immigration anniversary and met with Peruvians of Japanese descent. She is scheduled to travel to Bolivia on Monday to mark the 120th anniversary of the start of Japanese immigration to that country, and return home on July 22.
/////////////////////////////////////////

Full article at
https://www.japantimes.co.jp/news/2019/07/12/national/princess-mako-meets-peruvian-president-expresses-gratitude-acceptance-japanese-immigrants/

As Debito.org Reader Andrew in Saitama recently commented:

“Team Japan celebrates its emigrants for their contributions (i.e. being Japanese) – essentially praising them for doing what it complains its immigrants do.”

But Reader JDG went even further:

“Notice they don’t talk about LDP members funding Peruvian government forced sterilization of ethnic minorities. That’s some Japanese contribution to Peruvian society!”

///////////////////////////////////////

Mass sterilisation scandal shocks Peru
BBC News, Wednesday, 24 July, 2002, courtesy of JDG
http://news.bbc.co.uk/2/hi/americas/2148793.stm

More than 200,000 people in rural Peru were pressured into being sterilised by the government of former President Alberto Fujimori, an official report has revealed.

The Health Minister, Fernando Carbone, said the government gave misleading information, offered food incentives and threatened to fine men and women if they had more children.

Poor indigenous people in rural areas were the main targets of the compulsive family planning programme until 2000, when Mr Fujimori left for Japan amid mounting corruption allegations against him.

Mr Carbone said there was evidence that Mr Fujimori and a number of high-ranking ministers could be held responsible for “incorrect procedures” and “human rights violations”.

He called for a deeper investigation and promised that action would be taken against those found responsible for the forced sterilisations.

‘Deceitful’ campaign

Figures show that between 1996 and 2000, surgeons carried out 215,227 sterilising operations on women and 16,547 male vasectomies.

This compared to 80,385 sterilisations and 2,795 vasectomies over the previous three years.

The result has been a demographical drop in certain areas, leaving an older population and the economic disadvantages which will result from fewer people able to earn a living.

The report, by the commission investigating “voluntary contraceptive surgery” activities, concluded that there had been numerous programmes during the Fujimori regime which threatened poor women in Peru.

The operations were promoted in a “deceitful” publicity campaign of leaflets, posters and radio advertisements promising “happiness and well-being,” the report said.

Investigations found that there was inadequate evaluation before surgery and little after-care.

The procedures were also found to have been negligent, with less than half being carried out with a proper anaesthetist.

The commission’s report said the inadequate family planning policy had a psychological and moral impact and harmed the dignity and physical integrity of men as well as women.

Threats

Five hundred and seven people, from rural areas such as Cuzco and Ancash, gave testimonies to the commission.

Only 10% of these admitted having voluntarily agreed to the sterilisation procedure after promises of economic and health incentives such as food, operations and medicines.

Others said that if they refused they were told they would have to pay a fine and would not be able to seek medical help for their children.

The report added that most of the women interviewed said they were scared of talking because of threats made against anyone who spoke out.

The programme was found to have been designed, encouraged and monitored at the highest levels in Fujimori’s government, including the president’s office.

The number of operations, and pressure from government, started to fall after increasing concerns from human rights organisations within Peru and the international community.

ENDS

///////////////////////////////////////

COMMENT FROM DEBITO:  Now, before anyone writes in and says, “You’re being racist.  Alberto Fujimori didn’t do this BECAUSE he is Japanese.  He just happened to be of Japanese descent.” (And self-claimed citizenship.) While doing monstrous things.

However, remember that Fujimori WAS being funded by the right-wing Nippon Foundation (founded by war criminal Sasakawa Ryouichi), especially when it was being headed by self-proclaimed South African Apartheid supporter (and apparently personal friend of Fujimori’s) Sono Ayako.

Meaning Fujimori, with the help of Japanese eugenicists, was cleansing Peru’s countryside of Peruvian indigenous peoples without proper medical procedure or oversight.

We’ve covered Sono Ayako’s ideological hijinks and Alberto Fujimori’s international criminal activity (which is why he is in prison now) on Debito.org before.  What’s missing from this celebration of Japanese history in South America, as JDG notes, is Japan’s hand in modern human rights atrocities overseas.  Thanks to Debito.org Readers for keeping this information alive.  Debito Arudou Ph.D.

============================
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US State Dept. 2018 Country Reports on Human Rights Practices, Japan: Highlights for Debito.org Readers

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Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  Every year, the US State Department issues its “Country Reports on Human Rights Practices”.  As highlighted by the Shingetsu News Agency, the 2018 Report on Japan came out last March.  Now while it’s quite rich for the US to be reporting on other countries (but not, notably, itself) while it has an ongoing human-rights debacle for detained foreign entrants and asylum seekers (and their children) around its southern border, this Report has been cited over the years as authoritative (and it has also included the work of Debito.org and others).

So here are the highlights on issues pertaining to Debito.org.  As you can see, a lot of information is glossed over.  Read the Report on Japan in its entirety here.  Debito Arudou Ph.D.

/////////////////////////////////////////

2018 Country Reports on Human Rights Practices: Japan

MARCH 13, 2019

Courtesy https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/japan/

Highlights:

Section 1. Respect for the Integrity of the Person

Prison and Detention Center Conditions:
Prison management regulations stipulate that independent committees inspect prisons and detention centers operated by the Ministry of Justice and detention facilities operated by police. Authorities permitted the committees, which include physicians, lawyers, local municipal officials, and local citizens, to interview detainees without the presence of prison officers.

By law third-party inspection committees also inspected immigration detention facilities, and their recommendations generally received serious consideration.

Domestic and international NGOs and international organizations continued to note that this process failed to meet international prison inspection standards. As evidence, they cited the Justice Ministry’s control of all logistical support for the inspection committees, the use of ministry interpreters during interviews with detainees, and a lack of transparency about the composition of the committees.

[More on what’s been glossed over about detention centers etc. here.]

D. ARBITRARY ARREST OR DETENTION

The law prohibits arbitrary arrest and detention. Civil society organizations reported on ethnic profiling and surveillance of foreign Muslims by the police, according to the August report by the UN Committee on the Elimination of Racial Discrimination.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Public Safety Commission, a cabinet-level entity, oversees the National Police Agency (NPA), and prefectural public safety commissions have responsibility for local police forces. The government had effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year. Some NGOs criticized local public safety commissions for lacking independence from or sufficient authority over police agencies. […]

The Japan Federation of Bar Associations continued to allege that suspects confessed under duress, mainly during unrecorded interrogations, calling for recording entire interrogations for all cases. Prosecutors’ offices and police increasingly recorded entire interrogations for heinous criminal cases, cases involving suspects with intellectual or mental disabilities, and other cases on a trial basis; however, recording was not mandatory, and there was no independent oversight of this practice.

Police inspection offices imposed disciplinary actions against some violators of interrogation guidelines, although the NPA did not release related statistics. […]

[More on what’s been glossed over about police interrogation tactics here.]

ARREST PROCEDURES AND TREATMENT OF DETAINEES
Pretrial Detention
Because judges customarily granted prosecutors’ requests for extensions, pretrial detention, known as daiyou kangoku (substitute prison), usually continued for 23 days. NGOs reported the practice of detaining suspects in daiyou kangoku continued. NGOs and foreign observers continued to report that access to persons other than their attorneys and, in the case of foreign arrestees, consular personnel, was denied to some persons in daiyou kangoku. Nearly all persons detained during the year were held in daiyou kangoku. Beyond daiyou kangoku, extended pretrial detention of foreign detainees was a problem; examples included one person held more than 27 months (as of September) and several held for more than a year without trial. In these cases, prosecutors changed multiple times, trial dates were rescheduled and delayed, and prosecutors continued to request “additional time” to investigate matters that, according to the defendant’s counsel, did not warrant the trial’s further delay or additional preparatory pretrial meetings, which are common for jury system cases. […]

Each charged individual has the right to a trial without undue delay (although foreign observers noted trials may be delayed indefinitely for mentally ill prisoners, and extended pretrial detention of foreign detainees was a problem); to access to defense counsel, including an attorney provided at public expense if indigent; and, to cross-examine witnesses. There is a lay-judge (jury) system for serious criminal cases, and defendants may not be compelled to testify against themselves. Authorities provided free interpretation services to foreign defendants in criminal cases. Foreign defendants in civil cases must pay for interpretation, although a judge may order the plaintiff to pay the charges in accordance with a court’s final decision.

[More on what’s been glossed over about police pretrial detention here.]

Section 2. Respect for Civil Liberties
A. FREEDOM OF SPEECH AND PRESS

Freedom of Expression:
According to media and NGO reports, incidents of hate speech against minorities and their defenders, in particular, on the internet, grew. The national law on hate speech applies only to discriminatory speech and behavior directed at those who are not of Japanese heritage and is limited to educating and raising public awareness among the general public against hate speech; it does not carry penalties. Prosecutors have instead used another law on libel to prosecute an extremist group for hate speech, as discussed below. Additionally, on the local-government level, Osaka City and Kyoto Prefecture, where nationalist groups have frequently staged public anti-Korea events near “Korea Town” neighborhoods, as well as Kawasaki City and Tokyo Prefecture, have passed their own ordinances or guidelines to regulate hate speech.

[More on hate speech laws and issues here.]

In April the Kyoto Prefectural Prosecutors’ Office indicted a former Zaitokukai (an ultranationalist organization) senior official, Hitoshi Nishimura, on libel charges for making derogatory online and public statements about the North Korea-affiliated Chosen School in Kyoto. Attorneys for the school’s owner welcomed the prosecutors’ decision to pursue a defamation charge under the Penal Code, which carries a heavier sentence than civil charges levied against other Zaitokukai members following similar incidents in 2009.

[More on the Zaitokukai and their antics here.]

D. FREEDOM OF MOVEMENT, INTERNALLY DISPLACED PERSONS, PROTECTION OF REFUGEES, AND STATELESS PERSONS

Access to Asylum:
The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Justice introduced revised screening procedures for refugee applications on January 15 to promote granting refugee status to genuine applicants promptly while also curbing abuse of the application process. As a result, the number of approved applications from January through June, including the approval of two previously denied applications, exceeded the number of approvals granted during all of 2017. In 2017 there were 19,629 applications, 20 of which were approved (0.1 percent). From January through June 2018, the government received 5,586 applications, 22 of which were approved (0.4 percent).

Access to Basic Services:
Refugees continued to face the same discrimination patterns sometimes seen by other foreigners: reduced access to housing, education, and employment. Except for those who met right-to-work conditions, individuals whose refugee applications were pending or on appeal did not have the right to receive social welfare. This status rendered them completely dependent on overcrowded government shelters, illegal employment, or NGO assistance.

[More on issues facing Refugees in Japan here.]

Elections and Political Participation:
Participation of Women and Minorities:
Because some ethnic minority group members are of mixed heritage and did not self-identify, it was difficult to determine their numbers in the Diet, but a number were represented.

[Well, that’s short and under-researched.  Try here, here, and here, for a few more insights.]

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were usually cooperative and responsive to their views.

Government Human Rights Bodies:
The Justice Ministry’s Human Rights Counseling Office had 311 offices across the country. Approximately 14,000 volunteers fielded questions in person, by telephone, or on the internet and provided confidential consultations. Counselling in any of six foreign languages was available in 50 offices. These consultative offices fielded queries, but they do not have authority to investigate human rights violations by individuals or public organizations, provide counsel, or mediate. Municipal governments had human rights offices that dealt with a range of human rights problems.

[That too is under-researched.  These “human rights offices” hardly “deal” with problems effectively at all.]

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

International Child Abductions:
The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

[Seriously, that’s all they say.  Rubbish.]

National/Racial/Ethnic Minorities:
Minorities experienced varying degrees of societal discrimination.

Despite legal safeguards against discrimination, foreign permanent residents in the country and nonethnically Japanese citizens, including many who were born, raised, and educated in the country, were subjected to various forms of entrenched societal discrimination, including restricted access to housing, education, health care, and employment opportunities. Foreign nationals as well as “foreign looking” citizens reported they were prohibited entry, sometimes by signs reading “Japanese Only,” to privately owned facilities serving the public, including hotels and restaurants. Although such discrimination was usually open and direct, NGOs complained of government failure to enforce laws prohibiting such restrictions.

Representatives of the ethnic Korean community said hate speech against them in public and on social networking sites continued. Additionally, there was no indication of increased societal acceptance of ethnic Koreans. Although authorities approved most naturalization applications, advocacy groups continued to complain about excessive bureaucratic hurdles that complicated the naturalization process and a lack of transparent criteria for approval. Ethnic Koreans who chose not to naturalize faced difficulties in terms of civil and political rights and regularly encountered discrimination in job promotions as well as access to housing, education, and other benefits.

Senior government officials publicly repudiated the harassment of ethnic groups as inciting discrimination and reaffirmed the protection of individual rights for everyone in the country.

[These reporters owe it to themselves to read book “Embedded Racism“.  It’s not just “societal discrimination” when racialized discrimination is embedded in the very writing of the laws.  Start here at Chapter 4.]

Section 7. Worker Rights

B. PROHIBITION OF FORCED OR COMPULSORY LABOR

The law prohibits all forms of forced or compulsory labor.

Violations persisted and enforcement was lacking in some segments of the labor market, for example, in sectors where foreign workers were employed; however, in general the government effectively enforced the law. Legal penalties for forced labor varied depending on its form, the victim(s), and the law that prosecutors used to prosecute such offenses. Not all forms of forced or compulsory labor were clearly defined by law, nor did they all carry penalties sufficient to deter violations. For example, the law criminalizes forced labor and prescribes penalties of up to 10 years’ imprisonment, but it also allows for fines in lieu of incarceration. NGOs argued that reliance on multiple and overlapping statutes hindered the government’s ability to identify and prosecute trafficking crimes, especially for cases involving forced labor with elements of psychological coercion.

Reports of forced labor continued in the manufacturing, construction, and shipbuilding sectors, largely in small- and medium-size enterprises employing foreign nationals through the Technical Intern Training Program (TITP). This program allows foreign workers to enter the country and work for up to five years in a de facto guest worker program that many observers assessed to be rife with vulnerabilities to trafficking and other labor abuses.

Workers in these jobs experienced restrictions on freedom of movement and communication with persons outside the program, nonpayment of wages, excessive working hours, high debts to brokers in countries of origin, and retention of identity documents. For example, women from Cambodia and China recounted long hours, poor living conditions, restricted freedom of movement, and nonpayment of wages while they were working in a Gifu textile factory. Workers were also sometimes subjected to “forced savings” that they forfeited by leaving early or being forcibly repatriated. For example, some technical interns reportedly paid up to one million yen ($8,900) in their home countries for jobs and were reportedly employed under contracts that mandated forfeiture of those funds to agents in their home country if workers attempted to leave, both of which are illegal under the TITP. In 2017 the government established an oversight body, the Organization for Technical Intern Training (OTIT), which conducted on-site inspections of TITP workplaces. There is concern that the OTIT is understaffed, insufficiently accessible to persons who do not speak Japanese, and ineffective at prosecuting labor abuse cases.

Workers who entered the country illegally or who overstayed their visas were particularly vulnerable. NGOs maintained government oversight was insufficient.

Despite the prevalence of forced labor within the TITP, no case has ever led to a labor trafficking prosecution.

On December 8, the country enacted legislation that creates new categories of working visas to bring in more skilled and blue-collar workers and upgrades the Justice Ministry’s Immigration Bureau to an agency that will oversee companies that accept foreign workers. NGOs expressed concern that the new law does not adequately safeguard against the potential for continued labor abuses, such as those that have been present in the TITP.

[…] Reports of employers forcing pregnant women to leave their jobs continued, although there are no recent data on this problem. In December media reported the case of a Vietnamese technical trainee who was told to have an abortion or quit her job.

[More on the issues involving “Trainees” etc. here.]

E. ACCEPTABLE CONDITIONS OF WORK

The minimum wage ranged from 737 to 958 yen ($6.50 to $8.50) per hour, depending on the prefecture. The poverty line was 1.22 million yen ($10,900) per year. […] Nonregular workers (which include part-time workers, fixed-term contract workers, and dispatch workers) made up approximately 37 percent of the labor force in 2017. […]

Reports of abuses in the TITP were common, including injuries due to unsafe equipment and insufficient training, nonpayment of wages and overtime compensation, excessive and often spurious salary deductions, forced repatriation, and substandard living conditions (also see section 7.b.). In addition, observers alleged that a conflict of interest existed, since the inspectors who oversee the TITP working conditions were employed by two ministries that are members of the interagency group administering the TITP. Some inspectors appeared reluctant to conduct investigations that could cast a negative light on a government program that business owners favored.

There were also reports of informal employment of foreign asylum seekers on provisional release from detention who did not have work permits. Such workers were vulnerable to mistreatment and did not have access to standard labor protections or oversight.

EXCERPT ENDS

========================
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Reuters: Yet another NJ detainee dies after hunger strike after 3 years in Japan “detention center”; time for a change in labeling

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Hi Blog.  Dovetailing with last week’s blog entry about how Japan’s new “open door” visa programs violate basic human rights, here’s the old classic “closed door” policies aimed to punish bureaucratic transgressions by perpetually detaining people under conditions that don’t fall under standards for sufficient monitoring (because technically, they’re not “prisons”). Policywise, they’re meant to be a deterrent — part of a separate judicial track for foreigners in Japan with fewer human rights (full details on this in “Embedded Racism” Ch. 6).  Separate and lethal.  Particularly in Ushiku.

Again, given how Japan’s ethnostate policies are an inspiration for xenophobes and racial supremacists worldwide, I would argue that these longstanding inhumane Gaijin Tanks” are a working model for the “concentration camps” (the political term of debate in the US these days) for detainees along the American southern border.  Except politicians in Japan don’t have the cojones to call them anything but benign-sounding “detention centers” — after all, who in any position of power cares about the plight of foreigners in Japan?

So what term is a more appropriate depiction for awareness-raising?  Gaijin Gulags?  Internment Camps?  Captivity Chambers?  Perpetual Penitentiaries? Detention Dungeons?  This is a situation where the label matters and the proper language escapes.  Debito Arudou Ph.D.

//////////////////////////////////////////////////////

Nigerian dies after hunger strike in Japan detention center

REUTERS/Asahi Shimbun AJW, June 27, 2019, courtesy of DM.
http://www.asahi.com/ajw/articles/AJ201906270086.html

A Nigerian man died in a Japanese immigration detention center this week, an official said on Thursday, bringing to an end a hunger strike an activist group said was intended to protest his being held for more than three years.

It was the 15th death since 2006 in a system widely criticized over medical standards, the monitoring of detainees and how guards respond to a medical emergency.

The man, in his 40s, died on Monday in the southern city of Nagasaki after he lost consciousness and was taken to hospital, said a detention center official who declined to be identified.

He did not give a cause of death.

RINK, a group supporting detainees at the center, told Reuters the Nigerian had been on hunger strike to protest his lengthy detention.

Another 27 foreigners are on hunger strike at a detention center in Ushiku, northeast of Tokyo, said a separate group supporting detainees at that facility.

Some of them have gone without food for 47 days, said Kimiko Tanaka, a spokeswoman for the group.

She said a 23-year-old Iranian man who sought asylum more than two years ago has lost weight and is using a wheelchair.

Two other men at Ushiku have been detained for five years, she said.

“The reality of a lengthy detention is nothing but a human rights violation,” Tanaka said.

An official at the national immigration agency confirmed there are hunger strikers at the Ushiku center, but he did not say how many. Authorities are providing medical care and trying to persuade them to eat, he added.

Immigration is a contentious issue in Japan, where ethnic and cultural homogeneity are deeply rooted.

Japan held about 1,500 detainees as of June 2018, according to the latest public data, nearly half of them for more than six months.

Some 604 were asylum seekers whose applications were rejected, while the rest were held for various immigration infractions such as overstaying visas.
ENDS

============================

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DEBITO.ORG NEWSLETTER JUNE 30, 2019

mytest

DEBITO.ORG NEWSLETTER JUNE 30, 2019

Table of Contents:
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VISA ISSUES, SOME LETHAL

1) SCMP: “Japan: now open to foreign workers, but still just as racist?” Quotes Debito.
2) Mainichi: New “open door” visa programs violate basic NJ human rights (now including marriage and children), don’t resolve cruel detention centers, and still curb actual immigration and assimilation
3) Reuters: Yet another NJ detainee dies after hunger strike after 3 years in Japan “detention center”; time for a change in labeling
4) SCMP: Japan needs thousands of foreign workers to decommission Fukushima nuclear site. High irony alert: First blame NJ, then have them clean up your deadly messes.

VISAS BEING MADE AN ISSUE
5) Yomiuri: GOJ now requiring hospitals (unlawfully) demand Gaijin Cards from NJ as a precondition for medical treatment
6) Mark: New Discriminatory Policy by Rakuten Mobile Inc., now “stricter with foreigners”, refusing even Todai MEXT Scholarship Students cellphones
7) Anonymous on Ethical Issues/Discriminatory practices being carried out by Todai and Kyodai against MEXT scholars
8 ) Kyodo: Half of foreigners in Tokyo experienced discrimination: ARIC survey
9) My Japan Times JBC 115: “Know your rights when checking in at an Airbnb” (Apr 17, 2019)

… and finally…
10) Foreign Minister Kouno Taro asks world media to use Japanese ordering of names (Abe Shinzo, not Shinzo Abe) in overseas reportage. Actually, I agree.

////////////////////////////////////

By Debito Arudou Ph.D. (debito@debito.org, www.debito.org, Twitter @arudoudebito)
Debito.org Newsletter is Freely Forwardable

////////////////////////////////////

VISA ISSUES, SOME LETHAL

1) SCMP: “Japan: now open to foreign workers, but still just as racist?” Quotes Debito.

SCMP: Activists point out, however, that the Japanese government’s new regulations that relax visa requirements for workers from abroad mean that there will soon be tens of thousands of additional foreigners living in Japanese communities.

“It’s a net positive that Japan is bringing over more people, since that may help normalise the fact that non-Japanese are contributing to Japanese society,” said Debito Arudou, author of Embedded Racism: Japan’s Visible Minorities and Racial Discrimination.“ But it is disappointing that Japan still is not doing the groundwork necessary to make these newcomers want to stay and contribute permanently,” he said.

“The new visa regime still treats these non-Japanese entrants as ‘revolving-door’ workers, with no clear path to permanent residency or citizenship.“ And – as the surveys seem to indicate – one fundamental flaw in these plans is that non-Japanese are insufficiently protected from the bigotry found in all societies,” Arudou said.

“Japan still has no national law against racial discrimination, remaining the only major industrialised society without one. Even government mechanisms ostensibly charged with redressing discrimination have no enforcement power. Tokyo needs to pass the laws that make racial discrimination illegal, empower oversight organisations and create an actual immigration policy instead of a “stop-gap labour shortage visa regime”, he said.

“At the very least, tell the public that non-Japanese workers are workers like everyone else, filling a valuable role, contributing to Japanese society and are residents, taxpayers, neighbours and potential future Japanese citizens,” he added.

http://www.debito.org/?p=15660

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2) Mainichi: New “open door” visa programs violate basic NJ human rights (now including marriage and children), don’t resolve cruel detention centers, and still curb actual immigration and assimilation

The Mainichi updates us on how Japan’s oft-toted “wider open door” new visa regimes make sure any actual immigration is held in check, with continuing draconian and deadly treatment for detained NJ. The Mainichi calls them “haphazard immigration policies”, but that’s inaccurate. Japan still has no policy in place to encourage newcomers become immigrants (imin, i.e., firmly-established taxpaying residents and citizens). Au contraire, they’re still part of what Debito.org has called a “revolving-door” visa policy that has been in place for nearly thirty years now (what with the “Trainee” and “Technical Intern” programs that won’t even call NJ laborers “workers” (roudousha) in order to avoid granting them some legal protections), to make sure we take them in young, fresh and cheap, and spit them out when they’re too expensive or past their working prime.

For those who fall afoul of this exploitative system, they face being made an example of within cruel “gaijin tank” detention centers (which don’t fall under minimum standards covering prisons), which in effect send a deterrent message. It’s similar to what’s happening in the concentration camps now being run by the US Customs and Border Patrol (which, given that 45’s supporters are in thrall to Japan’s putative ethnostate, should not be too surprising).

As an interesting aside, the Mainichi below mentions how Japan even ethnically cleansed itself of Iranians in the 1990s, which can and will happen again. Now public policy is going one step further — trying to nip any possibility of marriage and children with Japanese. There are even bans on NJ on certain work visas having international liaisons, marriage, and children! For all the new “open-door” visas being advertised, it’s clear that NJ are still seen more as work units than human beings.

http://www.debito.org/?p=15634

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3) Reuters: Yet another NJ detainee dies after hunger strike after 3 years in Japan “detention center”; time for a change in labeling

REUTERS: A Nigerian man died in a Japanese immigration detention center this week, an official said on Thursday, bringing to an end a hunger strike an activist group said was intended to protest his being held for more than three years. It was the 15th death since 2006 in a system widely criticized over medical standards, the monitoring of detainees and how guards respond to a medical emergency…

RINK, a group supporting detainees at the center, told Reuters the Nigerian had been on hunger strike to protest his lengthy detention. Another 27 foreigners are on hunger strike at a detention center in Ushiku, northeast of Tokyo, said a separate group supporting detainees at that facility. Some of them have gone without food for 47 days, said Kimiko Tanaka, a spokeswoman for the group… Two other men at Ushiku have been detained for five years, she said. “The reality of a lengthy detention is nothing but a human rights violation,” Tanaka said.

COMMENT: Dovetailing with last week’s blog entry about how Japan’s new “open door” visa programs violate basic human rights, here’s the old classic “closed door” policies aimed to punish bureaucratic transgressions by perpetually detaining people under conditions that don’t fall under standards for sufficient monitoring (because technically, they’re not “prisons”). Policywise, they’re meant to be a deterrent — part of a separate judicial track for foreigners in Japan with fewer human rights (full details on this in “Embedded Racism” Ch. 6). Separate and lethal.

Again, given how Japan’s ethnostate policies are an inspiration for xenophobes and racial supremacists worldwide, I would argue that these longstanding inhumane “Gaijin Tanks” are a working model for the “concentration camps” (the political term of debate in the US these days) for detainees along the American southern border. Except politicians in Japan don’t have the cojones to call them anything but benign-sounding “detention centers” — after all, who in any position of power cares about the plight of foreigners in Japan?

http://www.debito.org/?p=15691

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4) SCMP: Japan needs thousands of foreign workers to decommission Fukushima nuclear site. High irony alert: First blame NJ, then have them clean up your deadly messes.

SCMP: Anti-nuclear campaigners have teamed up with human rights activists in Japan to condemn plans by the operator of the crippled Fukushima Daiichi nuclear plant to hire foreign workers to help decommission the facility.

Tokyo Electric Power Co (TEPCO) has announced it will take advantage of the government’s new working visa scheme, which was introduced on April 1 and permits thousands of foreign workers to come to Japan to meet soaring demand for labourers. The company has informed subcontractors overseas nationals will be eligible to work cleaning up the site and providing food services… Activists are far from convinced working at the site is safe for anyone and they fear foreign workers will feel “pressured” to ignore the risks if their jobs are at risk.

COMMENT: In the wake of renewed interest in nuclear disasters thanks to HBO’s miniseries “Chernobyl” (which I watched from more of a political science perspective than a popcorn disaster movie), I harked back to the Fukushima Nuclear Meltdown of 2011. There was a similar outcome, in that the fiasco demonstrated the shortcomings of a system built upon institutional lying. However, the main difference was that Fukushima helped bring down the government (the DPJ), but, unlike the Soviet system, not the architects of this corrupt system in the first place (the LDP), who remain in power stronger than ever.

But as far as Debito.org is concerned, the other big difference is that the Soviets didn’t import foreigners to do their cleanup. Unlike Japan, as Debito.org has pointed out for many years now — to the point where TEPCO not only tricked Japan’s poor or homeless into doing this dirty work, but also NJ asylum seekers! Kudos to the SCMP for reporting on an angle the overseas media has largely ignored.

http://www.debito.org/?p=15639

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VISAS BEING MADE AN ISSUE

5) Yomiuri: GOJ now requiring hospitals (unlawfully) demand Gaijin Cards from NJ as a precondition for medical treatment

Related to recent discussions about public refusals of service for either not complying with (unlawful) demands for NJ ID, or denial of service anyway when people in charge arbitrarily decide a visa’s length is not long enough, mentioned below is a move by the GOJ to require hospitals demand Gaijin Cards etc. (as opposed to just requiring medical insurance cards (hokenshou), like they would from any Japanese patient) as a precondition for providing treatment to sick NJ. Granted, the Yomiuri article below notes that for Japanese patients, the government is “considering” requiring a Japanese Driver License etc. as well, because the hokenshou is not a photo ID. But once again, NJ are clearly less “trustworthy” than the average Japanese patient, so NJ will have more (again, unlawful) rigmarole first.

But there’s a deeper pattern in this policy creep. Recall the “Gaijin as Guinea Pig” syndrome we’ve discussed on Debito.org for well over a decade now: Public policies to further infringe upon civil liberties are first tested out on the Gaijin — because foreign residents even Constitutionally have much fewer civil liberties — and then those policies are foisted on the general public once the precedent is set. So once again, the GOJ is taking advantage of the weakened position of NJ to assume more government control over society.

NB: There’s also a meaner attitude at work: Note in the last paragraph of the article below the echoes of 1980’s “foreigners have AIDS” paranoia creeping into LDP policy justifications once again. I say “mean” because the point would have been made by just stopping at “the person fraudulently used somebody else’s insurance”. And I’m sure presenting a Gaijin Card would have fixed the AIDS issue! (Not to mention that the GOJ apparently WANTS people to get AIDS screening, especially if they’re visibly foreign!) Such ill-considered policymaking signals!

Meanwhile, don’t expect equal treatment as a patient if you get sick while foreign. It’s official policy.

http://www.debito.org/?p=15214

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6) Mark: New Discriminatory Policy by Rakuten Mobile Inc., now “stricter with foreigners”, refusing even Todai MEXT Scholarship Students cellphones

MARK: I would like to make public a New Discriminatory Policy being implemented systematically in Rakuten Mobile. It seems that the company recently decided to deny the service to foreign customers. I have living in Japan for 2 years. When I arrived, I applied online for their service and they accepted my application immediately. This week, I tried to make a contract online for 2 friends that just came to Japan. Their online application was rejected 3 times without providing the reason. I checked everything in their application and was correct. They uploaded their scanned residence card and the quality of the image was perfect. Also the contents of the application were correct.

Hence, we went to a Rakuten Mobile Store in Ikebukuro on the afternoon of April 23. They asked for their residence cards: after seeing the residence card they denied the service arguing that the company just established new rules and are now stricter with foreigners.The 2 persons that were denied the service have a valid visa until April 2021 (2 years). They are graduate students at the University of Tokyo as me. They didn’t ask anything about the applicants. They just turned down the request based on being foreigners. I asked the reason and the lady was ashamed and said that recently the Company has began to be stricter with foreigners. I replied back saying that 2 years ago my application was accepted under the same conditions and the lady was ashamed. It seems to be a new a discriminatory policy set by a well-known company.

COMMENT: Here’s another example of how unequal treatment in customer service, when predicated upon things such as visa status (which is in fact none of the company’s business), leaves NJ open to discrimination. According to Submitter “Mark”, this is affecting people on Student Visas, where denial of service is apparently new and arbitrary. He describes his experience at Rakuten Mobile below. It’s tough enough for NJ to do the basics for life in Japan, such as open a bank account or rent an apartment. Now NJ students can’t even get a cellphone from Rakuten. Alas, this is in fact nothing new (I’ve written about NTT DoCoMo’s unequal policies before, which were so silly that they eventually abandoned them after the information came out in one of my Japan Times columns). But it still should be known about, so people can take their business elsewhere, if possible. Anyone know of an alternative cellphone company with less discriminatory policies?

http://www.debito.org/?p=15641

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7) Anonymous on Ethical Issues/Discriminatory practices being carried out by Todai and Kyodai against MEXT scholars

What follows are more travails of foreign and exchange students (not to mention foreign academics employed under this system) who think that studying in Japan is like studying or working at universities in other developed countries.

Debito.org has talked about this flawed system before, as in about a decade ago, when it comes to lack of institutional support for foreign scholarships (to the point where students just give up and leave) or even having sufficient university support when being systematically rejected for an apartment for being a foreigner! Even when the GOJ signals that it wants a more “open-door policy” for more foreign students and staff, what with the Global 30 Project funding from the Ministry of Education (MEXT), the Times Higher Education reported that Japan’s “entrenched ideas hinder” that from happening. And the THE wrote that article back in 2010, meaning that nearly a decade later things still aren’t getting much better. Read on for Anonymous’s report below on the Kafkaesque ordeal he/she had just trying to transfer schools, even those anointed under MEXT’s Global 30 Project.

Forewarned is forearmed, prospective students considering Japan as a destination. Know what you’re getting into or suffer an enormous bump in the road on your way to a terminal degree in your field.

Anonymous: When I applied for an extension to transfer to the University of Kyoto, the University of Tokyo’s rival university, the University of Tokyo had full control of whether to recommend or not recommend me to MEXT. This obviously poses ethical problems, and I was pretty quick to complain to the international office. Why on earth, I asked, am I being evaluated for a scholarship selection by a university who could potentially favor its own scholarship extension applicants, and who I will not be going to next year? At the very least, the University of Kyoto should be evaluating me as it is their university that I passed and would be going to. Lo and behold, I was mysteriously rejected – mid January, and two and a half months before I was about to enter graduate school. This permanently messed up any chance I had of pursuing my graduate studies, and consequently caused numerous other problems. I was forced to scramble to find a job last minute, in order to avoid financial ruin and being deported.

http://www.debito.org/?p=15680

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8 ) Kyodo: Half of foreigners in Tokyo experienced discrimination: ARIC survey

Kyodo: TOKYO (Kyodo) — Nearly half of the foreigners living in Tokyo have experienced racial discrimination, according to a survey released Tuesday by a civic group. In the survey conducted by the Anti Racism Information Center, a group organized by scholars, activists and university students, 167 of 340 respondents including students said that they have suffered discriminatory treatment such as being told not to talk in a language other than Japanese. Some working as retail shop cashiers said customers asked for Japanese cashiers, according to the face-to-face questionnaire survey conducted in February and March in Tokyo’s Shinjuku Ward. Among them, a Nepalese man who works at a drugstore said one customer told him that he or she does not like to see a foreigner working as a cashier and asked for someone else. A Chinese respondent who works at a convenience store said that a colleague told the respondent not to speak Chinese when the respondent was asked for directions by a Chinese-speaking customer. There were also cases where foreigners had apartment rental applications rejected. Some said they were denied entry into stores, but none of the respondents took their case to a public office dealing with such issues.

COMMENT: This survey is not quite on the scale or scope of the previous Ministry of Justice one Debito.org covered (and I wrote two Japan Times columns about) in 2017, since it has a smaller sample size, has a more targeted surveyed group, and is confined to the Tokyo area. But it’s nevertheless better than the very biased one the GOJ did twelve years ago. It also deserves a mention on Debito.org as it quantifies the degree and patterns of discriminatory behavior out there. ARIC, the group doing the survey, is on the right track recording issues of domestic racism and hate speech. Let’s have more surveys in other places, and get data quantified and triangulated nationwide. Enough of these, and recorded isolated incidents eventually merge into patterns, and ultimately concretely-measured trends that justify public policy fixes.

http://www.debito.org/?p=15622

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9) My Japan Times JBC 115: “Know your rights when checking in at an Airbnb” (Apr 17, 2019)

JT: Last year, the government passed a law covering minpaku, which is when people rent out space on their properties to travelers (a la Airbnb). The law is part of an effort to regulate accommodations amid a tourism boom ahead of the 2020 Olympics. One issue for non-Japanese travelers, though, has been whether they must show ID such as a passports at check-in.

For hotels, which fall under the Hotel Business Law, the regulation has always been this: For any adult, Japanese or non-Japanese, who has an address in Japan, ID is not required. You just write your contact details in the guest registry. However, for guests who don’t reside in this country, displaying ID (i.e., your passport) is required.

Seems straightforward so far, right? But as has been reported several times over more than 10 years of this column, the police (and occasionally the Ministry of Health, Labor and Welfare) have confused things. Some hotels have been instructed that all “foreign guests” must show ID, specifically their passports…

Rest at https://www.japantimes.co.jp/community/2019/04/17/issues/know-rights-checking-airbnb/
Anchor site at http://www.debito.org/?p=15625
More information at http://www.debito.org/?p=15559

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… and finally…

10) Foreign Minister Kouno Taro asks world media to use Japanese ordering of names (Abe Shinzo, not Shinzo Abe) in overseas reportage. Actually, I agree.

Washington Post: Ahead of a series of important international events in Japan, including a visit from President Trump this weekend, Japan’s foreign minister has said he will issued a request to foreign media: Call our prime minister Abe Shinzo, not Shinzo Abe.

“The new Reiwa era was ushered in, and we are hosting the Group of 20 summit. As many news organizations write Chinese President Xi Jinping and South Korean President Moon Jae-in, it is desirable for Prime Minister Shinzo Abe’s name to be written in a similar manner,” said foreign minister Taro Kono at a news conference Tuesday, according to the Mainichi Shimbun.

Or perhaps we should say, Kono Taro said that? Kono is the foreign minister’s family name, just as Abe is the Japanese prime minister’s family name. The Japanese diplomat says the family name should be first when referred to in English, as it is when it is written or spoken in Japanese.

COMMENT: Believe it or not, I agree with Kouno Taro. This post is to explain why. Opening the floor to discussion…

http://www.debito.org/?p=15669

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That’s all for this Newsletter! Thanks for reading!
Debito Arudou Ph.D.

DEBITO.ORG NEWSLETTER JUNE 30, 2019 ENDS

Mainichi: New “open door” visa programs violate basic NJ human rights (now including marriage and children), don’t resolve cruel detention centers, and still curb actual immigration and assimilation

mytest

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Hi Blog.  The Mainichi updates us on how Japan’s oft-toted “wider open door” new visa regimes make sure any actual immigration is held in check, with continuing draconian and deadly treatment for detained NJ.

The Mainichi calls them “haphazard immigration policies”, but that’s inaccurate.  Japan still has no policy in place to encourage newcomers become immigrants (imin, i.e., firmly-established taxpaying residents and citizens).  Au contraire, they’re still part of what Debito.org has called a “revolving-door” visa policy that has been in place for nearly thirty years now (what with the “Trainee” and “Technical Intern” programs that won’t even call NJ laborers “workers” (roudousha) in order to avoid granting them some legal protections), to make sure we take them in young, fresh and cheap, and spit them out when they’re too expensive or past their working prime.

For those who fall afoul of this exploitative system, they face being made an example of within cruel “gaijin tank” detention centers (which don’t fall under minimum standards covering prisons), which in effect send a deterrent message.  It’s similar to what’s happening in the concentration camps now being run by the US Customs and Border Patrol (which, given that 45’s supporters are in thrall to Japan’s putative ethnostate, should not be too surprising).

As an interesting aside, the Mainichi below mentions how Japan even ethnically cleansed itself of Iranians in the 1990s, which can and will happen again.  Now public policy is going one step further — trying to nip any possibility of marriage and children with Japanese.  There are even bans on NJ on certain work visas having international liaisons, marriage, and children!

For all the new “open-door” visas being advertised, it’s clear that NJ are still seen more as work units than human beings.  Debito Arudou Ph.D.

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Left in limbo: Japan’s haphazard immigration policies, disrespect for human rights
April 19, 2019 (Mainichi Japan), courtesy of JK
http://mainichi.jp/english/articles/20190419/p2a/00m/0fe/004000c

PHOTO CAPTION: Farhad Ghassemi’s father, Seyfollah Ghassemi, had been detained at Higashi Nihon Immigration Center, also known as Ushiku Detention Center, until his provisional release in October of last year. Pictured here at his home in Kanagawa Prefecture on March 12, 2019, Seyfollah says he is worried that his provisional release could be revoked at any time. (Mainichi/Jun Ida)

Japan is expected to see an influx of at least 340,000 people in the next five years, as a result of the amended Immigration Control and Refugee Recognition Act that went into effect April 1. But are this country’s people, society and legal system ready for such a sudden shift? Foreign nationals who have already lived in Japan for years and their Japanese supporters cast doubt not only on Japan’s preparedness, but on its willingness.

【Related】Japan opens door wider to foreign workers under new visa system
【Related】Japan born and raised, boy of Iranian-Bolivian descent fights deportation order
【Related】Housing complex with foreign, Japanese residents provide model for a diverse society

Kanagawa resident Farhad Ghassemi, 17, was born in Japan to an Iranian father and a Japanese Bolivian mother. He’s an Iranian national, but the extent of his skills in Farsi and Spanish, his father’s and mother’s mother tongues, respectively, are minimal. He filed a lawsuit with the Tokyo District Court seeking, among other things, the invalidation of a deportation order that was issued when he was 6 years old. On Feb. 28, however, Presiding Judge Chieko Shimizu dismissed all of his requests.

Farhad was sitting in the gallery the moment the ruling was handed down. He cradled his head in his arms and did not move for a while afterward. “I was shocked,” he says. “I can’t help but think they’re just bullying us.”

Farhad’s father, 50-year-old Seyfollah Ghassemi, entered Japan in 1992, seeking work. Here he met Liliana, 50, and the two married. Their son Farhad was born in 2002. In 2009, the year after Seyfollah was arrested for overstaying his visa, the family of three was issued a written deportation order.

Farhad’s status until now has been “provisional release,” meaning he does not have a residence permit but is not in detention, allowing him to receive an education alongside his Japanese peers. The latest ruling has forced Farhad to enter his final year of high school not knowing what will happen to him, under an unauthorized status. He wants to further his education, but does not know how many universities here accept foreign nationals without authorization to live in Japan. Farhad appealed the district court’s ruling to the Tokyo High Court.

Farhad is naturally worried about what lies ahead. “I can’t plan my future,” he said.

This reporter has recently visited the family’s home in Kanagawa Prefecture. By the window was a photo of the family taken at an aquarium before Farhad had started elementary school. “Japan is the only place where all three of us can live together,” Seyfollah said.

Seyfollah is Muslim, while Liliana is Christian. In Iran, even the inter-sect marriage of Sunnis and Shias is highly controversial. Under Iranian law, Liliana would be forced to convert to Islam. Farhad, who does not follow any religion, would also be forced to become Muslim.

The Tokyo District Court acknowledged that there was a “risk of great loss” if Farhad’s request for permission to stay in Japan were not granted, because Farhad’s life was deeply rooted in Japan, both in terms of language and lifestyle. Moreover, the court stated that “the plaintiff could not be held responsible” for the fact that he has been on overstay status since he was 6 years old. And yet, the reasoning that is given for the government’s ultimate decision not to grant Farhad special residence permission is that it is “within the discretion of the government,” and is “legitimate.”

“This is the true face of a country that amended its immigration law to say, ‘Welcome, foreign laborers,'” says journalist Koichi Yasuda, who witnessed the sentencing in the gallery of the courtroom. “For self-serving reasons, the state is trying to kick out people who have actually put down roots in Japan. It’s a complete contradiction.”

Yasuda writes about discrimination against foreign nationals and human rights issues in his latest book, “Danchi to imin” (Danchi apartments and immigrants). He points out that until 1992, the year Seyfollah arrived in Japan, Iran and Japan had a mutual visa waiver agreement in place. “At the time, micro-, small- and mid-sized businesses were highly dependent on Iranian laborers, making their presence crucial. Many people can probably recall the sight of many Iranian workers who, on their days off, would congregate at parks in Tokyo to exchange information,” Yasuda says. “The Japanese government was effectively giving its approval to Iranian labor.”

However, once Japan’s economy tanked, society’s anti-foreign rhetoric spread. It was against this backdrop, Yasuda explains, that the government beefed up its policy of urging Iranians to leave Japan. Meanwhile, the 1990s saw a surge in the number of laborers coming into Japan from Brazil and other countries due to relaxed visa requirements for foreign nationals of Japanese descent.

“(Farhad’s mother) Liliana, who is of Japanese descent, arrived in Japan in 1994. Families like the Ghassemis are precisely the result of Japan’s haphazard immigration policies. And now the children of the couples who met in Japan are being told to leave the country. The phenomenon is symbolic of Japanese society,” Yasuda says.

Once in Japan, Seyfollah experienced discrimination at the workplace when he was an automobile mechanic, and also in his everyday life. But he recalls that ever since he met Liliana, they “helped each other lead their lives in Japan, a country that was unfamiliar to both of us.” Reading the court ruling handed to Farhad, it makes one wonder whether foreign nationals who come to Japan are forbidden from falling in love or getting married depending on their visa status.

“Such bans actually exist in Japan,” Yasuda tells the Mainichi Shimbun.

Through interns with the Technical Intern Training Program whom he has interviewed, Yasuda has learned of cases in which bans on dating and getting married — regardless of the other party’s nationality — are clearly outlined in the interns’ workplace regulations. “It’s like middle school ‘seito techo’ (school rulebooks that most Japanese middle schools distribute to their students), but they’re forcing these rules on foreign nationals in their 20s and 30s,” he says. “One rule even went like this: ‘Conduct that could result in pregnancy is banned.’ Japanese employers think they can include such a rule in their work regulations if they’re targeted toward foreign laborers.”

At the same time that the amended immigration laws went into force in a bid to bring more foreign workers to Japan, the long-term detentions of foreign nationals who have overstayed their visas is a common sight at immigration detention centers across the country. As of the end of July 2018, of the 1,309 detainees nationwide, 54% had been detained for six months or longer. According to attorneys and others who provide assistance to foreign workers in Japan, 13 foreign nationals died by suicide or from illness while in detention between 2007 and 2018. Many detainees complain of appalling health conditions at detention centers, saying they are hardly permitted to see physicians.

A damages lawsuit brought against the central government at the Mito District Court for the 2014 death of a then 43-year-old Cameroonian man while he was detained at Higashi Nihon Immigration Center in the Ibaraki Prefecture city of Ushiku is ongoing. His mother, who resides in Cameroon, filed the suit.

According to the legal complaint that was filed, the man had been confirmed as diabetic after a medical consultation at the immigration center. He began to complain of pain in February 2014, and died at the end of March that year. Security cameras at the center captured him saying in English that he felt like he was dying starting the night before his death, and the footage has been saved as evidence. Even after the man fell from his bed, he was left unattended, and a staff member found him in cardiopulmonary arrest the following morning. He was transported to a hospital where he was confirmed dead.

“Immigration officials have a duty to provide emergency medical care,” says the plaintiff’s attorney, Koichi Kodama. “The government should be accountable for revealing who was watching the footage of the man rolling around on the floor, screaming in pain, and whether anyone went directly to his room to check on his condition.”

There is no way a society that does not respect the human rights of individual foreigners and only sees them as “cheap labor” or “targets of public security measures” can flourish.

Says journalist Yasuda, “There are times when I wonder if Japan should be allowed to bring in foreigners, or has the right to bring in foreigners. At the same time, though, I believe that it’s a good thing for society that people with different roots live together. I think that the media should stop reporting on foreigners as people to be pitied, and not forget that this is a problem with our society.”

(Japanese original by Jun Ida, Integrated Digital News Center, Evening Edition Group)
Japanese version (excerpt)

特集ワイド
外国人労働者は恋愛禁止? 場当たり政策が生む「悲劇」
毎日新聞2019年4月1日 東京夕刊
写真:昨年10月まで東日本入国管理センターに収容され、仮放免中のガセミ・セイフォラさん。「また仮放免を取り消されるのではないかといつも不安です」=神奈川県の自宅で
外国人労働者の受け入れ拡大を目的にした改正入管法が1日、施行された。今後5年間で34万人以上の増加を見込む外国人とともに暮らすための法制度や社会の準備は本当に整っているのか。長く日本で生活しながら差別的な扱いに苦しむ外国人と、支援者からは不安の声が聞こえる。【井田純】

改正入管法施行 消えぬ不安の声
判決が言い渡された瞬間、傍聴席に座っていた神奈川県在住の原告、ガセミ・ファラハッドさん(17)=イラン国籍=は頭を抱えてうつむき、しばらくの間動かなかった。「ショックでした。自分たちをいじめているようにしか思えません」。父はイラン人、母は日系ボリビア人。日本で生まれ育ち、両親の母語はあいさつ程度しか話せない。6歳の時に出された「退去強制令書」の無効確認などを求めて東京地裁に提訴したが、2月28日、清水知恵子裁判長はすべての請求を退ける判決を言い渡した。

この訴訟については途中経過を昨年9月の「特集ワイド」で取り上げたが、改めて経緯を振り返りたい。

Rest available by subscription at http://mainichi.jp/articles/20190401/dde/012/040/015000c

ENDS
=================================
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Anonymous on Ethical Issues/Discriminatory practices being carried out by Todai and Kyodai against MEXT scholars

mytest

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Hi Blog.  What follows are more travails of foreign and exchange students (not to mention foreign academics employed under this system) who think that studying in Japan is like studying or working at universities in other developed countries.

Debito.org has talked about this flawed system before, as in about a decade ago, when it comes to lack of institutional support for foreign scholarships (to the point where students just give up and leave) or even having sufficient university support when being systematically rejected for an apartment for being a foreigner!  Even when the GOJ signals that it wants a more “open-door policy” for more foreign students and staff, what with the Global 30 Project funding from the Ministry of Education, the Times Higher Education reported that Japan’s “entrenched ideas hinder” that from happening.  And the THE wrote that article back in 2010, meaning that nearly a decade later things still aren’t getting much better.  Read on for Anonymous’s report below on the Kafkaesque ordeal he/she had just trying to transfer schools, even those anointed under the Global 30 Project.

Forewarned is forearmed, prospective students considering Japan as a destination.  Know what you’re getting into or suffer an enormous bump in the road on your way to a terminal degree in your field.  Debito Arudou Ph.D.

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From: Anonymous
Subject: Ethical Issues/Discriminatory practices being carried out by Todai and Kyodai against MEXT scholars
Date: May 28, 2019
To: Debito Arudou <debito@debito.org>

Dear Dr. Arudou,
I am writing to you today to ask your advice on how to deal with discriminatory practices and unethical conduct being carried out by some of Japan’s top universities against undergraduate Ministry of Education (MEXT) scholars under the current scholarship system.

I was an undergraduate student for 4 years under the MEXT program. Since the 1st year of university, I was very careful with both my marks and research as I aspired to apply for an extension at the end of my scholarship for masters. This was very hard, as the University of Tokyo, despite being an international university, has a lack of support for mainstream (non-English program) international student undergraduates – our existence was essentially ignored, and the admin never seemed to know what they were doing when it came to providing us with factually correct information. For various personal reasons coupled with frustration at the university, I decided to apply for master’s at the University of Kyoto. Now, it is worth noting at this point that whilst extensions aren’t guaranteed, I felt reassured as I knew that the extensions end would be handled by MEXT – even if they were to reject my application, since MEXT is a government entity I hoped that it would at least not be that unfair. When I was granted the scholarship initially, MEXT was in charge of handling the extensions. There was no information on the pledge (which I believe was a kind of contract?) that our universities would have anything to do with the extension process. Little did I know, in my second year of university, MEXT changed the system (presumably so they wouldn’t have to do as much paperwork), forcing universities to filter out students for selection themselves. I only found out about this late last year. Each university is provided with only a certain number of slots, and if my understanding is correct, if one year not all the slots are filled then the amount of slots allocated to a certain university are drastically decreased the following year.

I think you can understand already how this may be problematic. Here I am, applying for an extension to go to the University of Tokyo’s rival university, with the University of Tokyo having full control of whether to recommend or not recommend me to MEXT. This obviously poses ethical problems, and I was pretty quick to complain to the international office. Why on earth, I asked, am I being evaluated for a scholarship selection by a university who could potentially favor its own scholarship extension applicants, and who I will not be going to next year? At the very least, the University of Kyoto should be evaluating me as it is their university that I passed and would be going to. Lo and behold, I was mysteriously rejected – mid January, and two and a half months before I was about to enter graduate school. This permanently messed up any chance I had of pursuing my graduate studies, and consequently caused numerous other problems. I was forced to scramble to find a job last minute, in order to avoid financial ruin and being deported. There were a lot of problems involved in this incident that would probably equate to about 10 pages worth of text, so I have written a summarized list below.

The University of Tokyo:

1. Being shrugged off by the international office when complaining about the school evaluating me – “It will be okay!” “A student successfully changed schools a previous year!” (It should be noted that the student they were talking about belonged to a different faculty, and that they were evaluated under the old system, so this information was potentially misleading).

2. The University of Tokyo refusing to let foreign students know how exactly they were to be evaluated. No guidelines were given.

3. The University of Tokyo refusing to provide feedback on my research proposal and how it was inferior to that of their other applicants, claiming that it was an invasion of the privacy of other students (Please note that I never once asked for the names and majors of other students.) If they rejected me, they should at least be capable of explaining why they were rejecting me.

4. The University of Tokyo evaluating master’s to PhD extensions in the same framework as undergraduate to masters. MEXT givens them an amount of scholarships and it is up to the university to freely distribute them amongst both categories as they please. How could undergraduates on going to master’s perform better than master’s going on to Phd?

5. A section of the scholarship selection form that asks the student’s supervising professor to comment on the “suitability” of the student to go their other university in the case of changing educational institutes. Whilst my supervising professor did not write anything negative, the fact that this section exists at all is suspicious. There certainly isn’t a section for professors of students continuing at the same university to comment on the suitability of remaining at that university. It would be noted that the University of Tokyo has constantly be denying that they discriminate, despite one members of the international office initially giving me an unsure どうでしょうwhen I asked whether they would or not.

6. The University of Tokyo refusing to give me MEXT’s contact details when I raised the issue of being unfairly treated – they instead wanted me to write a useless 意見書 and attend 会議 in which they would continue to say 気の毒ですが without providing any helpful information. I was also given “thank you for your feedback” responses.

7. No effort on the university’s behalf to change the policy – instead, the “we are being forced to do this by MEXT” excuse was given.

8. When I confronted them about their behavior, they asked me “Why don’t you just apply for other scholarships?”. As I will mention below the University of Kyoto bars MEXT students from applying for any other scholarships that require university recommendation. This means that, even if an organization such as Rotary says that I am eligible to apply for their scholarship, the University of Kyoto would block me on the basis of being MEXT. They then ask about private ones, oblivious to how hard it is for foreign students to get scholarships to begin with, let alone those with a nationality that Japanese consider to be “rich”.

Now for Kyoto University:

1. Refusing to let MEXT scholars applying for extensions to also apply for other scholarships. Kyoto is well aware that there is no guarantee of an extension to begin with and that MEXT funding for the program has been decreasing in recent years, but this is still their policy. This means that if you are refused MEXT by your university and don’t have supportive parents who care about your education, you are pretty much screwed.

2. Not replying to my emails.

3. Not releasing the results of 学費免除 until after admission.

4. Not letting students access information about certain scholarships before admission.

5. Providing information contradicting information given by MEXT – When I complained to an international office within Kyodai, a woman told me that they had problems with the scholarship each year, but no matter how many times they told MEXT about the problems they were ignored. The MEXT official (who I finally got the address of without the help of Todai), denied hearing anything from Kyodai.

And next MEXT:

1. Refusing to care about the ethical issues and potential discrimination issues arising under their system. Their reply was along the lines of, “That is just the way it is” and “Thank you for your feedback.” When I pointed out that the system was affecting other students including myself now, and that we may have been evaluated by our universities based on their own personal agendas, he offered very little sympathy and said the “results could not be changed.”

2. Refusing to respond on numerous occasions to my emails.

3. Stating that “If your university did something unethical, but you have no choice than to be suspicious of them”. Refusing to investigate the university and refusing to attend one of Todai’s useless 会議 despite me giving them prior notice.

General:

1. A point that should be noted is that under the current system, a student at a rural university with very few exchange students could be granted a scholarship extension almost automatically simply because there was no competition. This would be granted despite students at other universities having better academic performance.

2. Potentially, students who went to Kyodai as undergraduates and chose to stay on at Kyodai could have been approved by Kyodai for extensions despite having lower marks than me (or other students in a similar situation), even though we were both destined for graduate school at the same university.

I am very interested to hear your thoughts on this. I think it goes without saying that I am absolutely furious, as I feel like I have worked incredibly hard for 4 years only to be evaluated under an ethically dubious system that leaves me at the mercy of a university that should have no say in whether I get a graduate school scholarship. It was like all three parties were purposely going out of their way to make things as difficult as possible. It appears as if MEXT doesn’t particularly care about who the scholarships go to, only that it goes to some foreign students and they as a result look good. It makes me wonder what Japanese nationals would think about having their tax monies misused in this way. I have confirmed that the system being fair or unfair really does not matter to them.

I have tried to complain to multiple entities outside of MEXT/the universities, but I have had only dead ends. Since the situation involves MEXT, I get the feeling that most organizations want to stay out of it. I have been considering taking legal action but am not sure if I can afford the costs associated with this or if I even have pretense to do so. A Japanese friend said that they thought I should at least have a case for defamation, but I don’t understand enough about education related unethical practices/discrimination in Japan to know for sure. Any advice at all you could offer would be greatly appreciated.

Sincerely, Anonymous

UPDATE: A diet member recently inquired to MEXT about the issue. Apparently, the reply they were given was along the lines of “it is the university’s decision and MEXT can’t interfere”. It seems that both parties are extremely skilled in dodging responsibility and blaming it on the other.

I have recently been considering whether or not I should reach out to other forms of media. My general impression is that Japanese media isn’t very interested in issues affecting minorities, but I was wondering if an English language media such as Japan Times would be potentially interested in the problem. Do you have any thoughts on this?

==============================

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SCMP: Japan needs thousands of foreign workers to decommission Fukushima nuclear site. High irony alert: First blame NJ, then have them clean up your deadly messes.

mytest

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Hi Blog. In the wake of renewed interest in nuclear disasters thanks to HBO’s miniseries “Chernobyl” (which I watched from more of a political science perspective than a popcorn disaster movie), I harked back to the Fukushima Nuclear Meltdown of 2011.

There was a similar outcome, in that the fiasco demonstrated the shortcomings of a system built upon institutional lying.  However, the main difference was that Fukushima helped bring down the government (the DPJ), but, unlike the Soviet system, not the architects of this corrupt system in the first place (the LDP), who remain in power stronger than ever.

But as far as Debito.org is concerned, the other big difference is that the Soviets didn’t import foreigners to do their cleanup. Unlike Japan, as Debito.org has pointed out for many years now — to the point where TEPCO not only tricked Japan’s poor or homeless into doing this dirty work, but also NJ asylum seekers!

The news is that the trickery has now become above-board.  TEPCO is taking advantage of a new visa regime (see item #1), designed to fill Japan’s construction sites and convenience stores, giving NJ laborers jobs that put them in harm’s way (after Japan ironically blamed foreigners for the fallout after 3/11 in the first place; see also here.)

Read on. Kudos to the SCMP for reporting on an angle the overseas media has largely ignored.  Debito Arudou Ph.D.

(PS.  Enjoy this Gaijin-handling propaganda video I found, with the obfuscating language of officialdom directly translated from the Japanese.  There’s even a scene clearly designed for foreign consumption of NJ being fed Fukushima fish!)

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Japan needs thousands of foreign workers to decommission Fukushima plant, prompting backlash from anti-nuke campaigners and rights activists
Activists are not convinced working at the site is safe for anyone and they fear foreign workers will feel ‘pressured’ to ignore risks if jobs are at risk
Towns and villages around the plant are still out of bounds because radiation levels are dangerously high
Julian Ryall, South China Morning Post, 26 Apr, 2019
https://www.scmp.com/news/asia/east-asia/article/3007772/japan-needs-thousands-foreign-workers-decommission-fukushima

Anti-nuclear campaigners have teamed up with human rights activists in Japan to condemn plans by the operator of the crippled Fukushima Daiichi nuclear plant to hire foreign workers to help decommission the facility.

Tokyo Electric Power Co (TEPCO) has announced it will take advantage of the government’s new working visa scheme, which was introduced on April 1 and permits thousands of foreign workers to come to Japan to meet soaring demand for labourers. The company has informed subcontractors overseas nationals will be eligible to work cleaning up the site and providing food services.

About 4,000 people work at the plant each day as experts attempt to decommission three reactors that melted down in the aftermath of the March 2011 Great East Japan Earthquake and the huge tsunami it triggered. Towns and villages around the plant are still out of bounds because radiation levels are dangerously high.

TEPCO has stated foreign workers employed at the site must have Japanese language skills sufficient for them to understand instructions and the risks they face. Workers will also be required to carry dosimeters to monitor their exposure to radiation.

Activists are far from convinced working at the site is safe for anyone and they fear foreign workers will feel “pressured” to ignore the risks if their jobs are at risk.

“We are strongly opposed to the plan because we have already seen that workers at the plant are being exposed to high levels of radiation and there have been numerous breaches of labour standards regulations,” said Hajime Matsukubo, secretary general of the Tokyo-based Citizens’ Nuclear Information Centre. “Conditions for foreign workers at many companies across Japan are already bad but it will almost certainly be worse if they are required to work decontaminating a nuclear accident site.”

Companies are desperately short of labourers, in part because of the construction work connected to Tokyo hosting the 2020 Olympic Games, while TEPCO is further hampered because any worker who has been exposed to 50 millisieverts of radiation in a single year or 100 millisieverts over five years is not permitted to remain at the plant. Those limits mean the company must find labourers from a shrinking pool.

In February, the Tokyo branch of Human Rights Now submitted a statement to the UN Human Rights Council in Geneva demanding action be taken to help and protect people with homes near the plant and workers at the site.

“It has been reported that vulnerable people have been illegally deceived by decontamination contractors into conducting decontamination work without their informed consent, threatening their lives, including asylum seekers under false promises and homeless people working below minimum wage,” the statement said. “Much clean-up depends on inexperienced subcontractors with little scrutiny as the government rushes decontamination for the Olympic Games.”

Cade Moseley, an official of the organisation, said there are “very clear, very definite concerns”.

“There is evidence that foreign workers in Japan have already felt under pressure to do work that is unsafe and where they do not fully understand the risks involved simply because they are worried they will lose their working visas if they refuse,” he said.

In an editorial published on Wednesday, the Mainichi newspaper also raised concerns about the use of semi-skilled foreign labourers at the site.

“There is a real risk of radiation exposure at the Daiichi plant and the terminology used on-site is highly technical, making for a difficult environment,” the paper said. “TEPCO and its partners must not treat the new foreign worker system as an employee pool that they can simply dip into.”

The paper pointed out that it may be difficult to accurately determine foreign employees’ radiation levels if they have been working in the nuclear industry before coming to Japan, while they may also confront problems in the event of an accident and they need to apply for workers’ accident compensation. TEPCO has played down the concerns.

“About 4,000 Japanese workers are already working on the decommissioning and clean-up work at Fukushima Dai-ichi,” the company said. “The amendment to the regulations on workers from overseas is a measure that creates more employment opportunities, including for foreign nationals with specific skills.

“In March, TEPCO explained the new regulations to its contractor companies involved in the clean-up work at Fukushima Dai-ichi and we have also confirmed that those companies will be in compliance with the regulations covering the safety of workers.”
ENDS

=============================
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Foreign Minister Kouno Taro asks world media to use Japanese ordering of names (Abe Shinzo, not Shinzo Abe) in overseas reportage. Actually, I agree.

mytest

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Hi Blog. Foreign Minister Kouno Taro (whom I have met, for the record, and can attest is one of the more liberal, open-minded people I’ve ever negotiated with in the LDP) came out last week to say that Japanese names should be rendered in Japanese order (last name, then first) in overseas media. This debate has gained significant traction in the past couple of weeks (not to mention quite a few scoffs). But I will defy the scoffs, make the case for why it matters, and why I agree with Kouno (after the WaPo article below):

///////////////////////////////////////////

Asia
Japan to the world: Call him Abe Shinzo, not Shinzo Abe
By Adam Taylor, The Washington Post, May 21, 2019
https://www.washingtonpost.com/world/2019/05/21/japan-english-speaking-world-call-him-abe-shinzo-not-shinzo-abe/

Ahead of a series of important international events in Japan, including a visit from President Trump this weekend, Japan’s foreign minister has said he will issued a request to foreign media: Call our prime minister Abe Shinzo, not Shinzo Abe.

“The new Reiwa era was ushered in, and we are hosting the Group of 20 summit. As many news organizations write Chinese President Xi Jinping and South Korean President Moon Jae-in, it is desirable for Prime Minister Shinzo Abe’s name to be written in a similar manner,” said foreign minister Taro Kono at a news conference Tuesday, according to the Mainichi Shimbun.

Or perhaps we should say, Kono Taro said that? Kono is the foreign minister’s family name, just as Abe is the Japanese prime minister’s family name. The Japanese diplomat says the family name should be first when referred to in English, as it is when it is written or spoken in Japanese.

Chinese and Korean names have their family names first in English — for example, in the cases of Xi and Moon, as Kono noted.

The convention for English-language transliterations of Japanese names, however, has long put the family name second. The custom is believed to date back to the 19th century, during a period when the Meiji dynasty reformed Japan’s complicated naming culture — and encouraged both foreigners and Japanese people themselves to write their family name second when writing in English, part of a broader attempt to conform to international standards.

But this system has long been used inconsistently. As far back as 1986, the government-funded Japan Foundation had decided to use the family-name-first format in its English-language publications and historical works or academic papers often did too.

In his remarks Tuesday, Kono referred to a 2000 report by the education ministry’s National Language Council that had recommended the use of the Japanese format. That report did not change things at the time, but as the foreign minister noted, it is now a new era.

The arrival of a new emperor has resulted in a new era, named “Reiwa” for two characters that symbolize auspiciousness and harmony. Japan is hosting a number of major events at the start of this period, including the G-20 summit of world leaders next month and the 2020 Summer Olympics.

Trump is arriving in Japan on Saturday for a state visit, where he will be the first foreign leader to meet with Japan’s new Emperor Naruhito. The U.S. leader has formed an unusually close bond to Abe — even referring to him as “Prime Minister Shinzo” in 2017.

It is unclear whether the U.S. government will conform to Kono’s request. It also remains unclear whether the entire Japanese government is behind the idea.

Last month, Kono told a parliamentary committee on diplomacy and defense that he writes his name in the Japanese order on his English-language business card, and that this issue should be discussed by the government as a whole.

But Japan Sports Agency Commissioner Daichi Suzuki has said the public should be consulted before the move.

“We should be deciding after spending some more time examining how discussions among the public are,” Suzuki said, according to the Mainichi Shimbun.
ENDS

=====================================
Japan Times article covering similar content (including some silly comments) at https://www.japantimes.co.jp/news/2019/05/22/national/politics-diplomacy/foreign-minister-taro-kono-ask-media-switch-order-japanese-names/

//////////////////////////////////////////

COMMENT FROM DEBITO:

  • Why does this debate matter?

Let’s start off by articulating the obvious: Names matter. And the public depiction of names is fundamental to any sense of identity.

There is no greater instant essence to a person’s public identity than a name. Both as a gift from others (e.g., “family name”) and as a name you can select for yourself (e.g., if you don’t like the first name you were given, you can even choose your own nickname and insist it catch on).

I know this personally because I have had several name changes in my life, both through adoption as child and naturalization into another society.  And through those experiences I’ve realized that names are something you should be allowed to control.

What name I had at whatever stage in my life profoundly shaped how I was treated by others — from being respected as a distinct human being (e.g., I get significantly more respect and cooperation from bureaucrats for having a kanji name than a katakana name), to being an object of mockery and even racialized scorn. (Enough online trolls had virtual hernias for my audacity to insist I be rendered as ARUDOU, Debito — because, how dare I?  What do I think I am, Japanese?!?)

Because you can’t please everybody (and when it’s a matter of your own name, you’re the only person you should have to please), choose the outcome you’re more comfortable with.  Which means:  if you don’t like to be called something, then demand something different. And hold fast to what you want, no matter what people say.

Case in point:  North Korea (for want of a better example) has done this successfully.  In contrast to how Japan renders Chinese leaders’ names (Deng Xiaoping is “Tou Shouhei” due to Japanized “Chinese readings” (on-yomi) of the Chinese kanji), Japan’s media and government officially calls Kim Il-Sung et al. “Kimu Iru-Son” in katakana as per Korean readings, not “Kin Nissei” as per on-yomi.  Because that is the rendering the DPRK demanded until it stuck.  Similarly, as Foreign Minister representing Japan, Kouno Taro is within his mandate to demand a Japanized rendering.

  • Now, does this order of names matter?

Yes. It goes beyond the confusion of not being to tell “Which name is the surname?” when names don’t match what other societies are accustomed to.

It’s a matter of being consistent.

Western media already renders Chinese and Korean names in the native order (Last name, then first, as in Xi Jinping and Kim Jong-Un). Eventually overseas readers adjusted.  They’ve even cottoned on to changes in rendering, regardless of order: Mao Zedong has also been called Mao Tse-tung, and the sky hasn’t fallen.

Moreover, there’s some responsibility on the part of the reader in the foreign language to adjust.  For example, when Westerners make gaffes (such as hayseed US Senator Jesse Helms repeatedly referring to Kim Jong-il as “Kim Jong The Second”), the fault generally falls on the uninformed commentator, not on the fact it was rendered in “East-Asian-style”.  It’s called becoming more informed about the outside world.

There’s another reason I’ve long supported the Japanese rendering of surname first in overseas media, and not only because it’s accurate.  (After all, Western academia has already long rendered Japanese names as surname first, because international studies by definition requires study.)  It’s also because the present system of surname last in overseas media is in fact built upon a flawed, racialized premise.

Think about it.  Why does Japan get different treatment from other Asian countries with the same system?

Because, as the WaPo article above alludes, the names were switched to “Western order” because of an artificial push (demanded, again, until it stuck) to make Japan appear more “Western”, an “Honorary White” status in Asia.  This was part of a larger historical pattern of Japan trying to present itself as non-Asian, pro-Western, and “modern”.  Even if subconsciously, Kouno Taro is trying to redress this misleading 19th-Century concept of “modernism by pandering to Western styles”.

Conversely, it’s also annoying to have to deal with the phenomenon of assuming “Western order” for “Western contexts”:  people in Japan assuming that “foreign names must also go in Western order in Japanese”, not to mention the “we must deal with foreigners on a first-hame basis” (calling somebody Jon-san instead of Sumisu-san — if you’re lucky enough to get even the damned –san attached).  Having this mixed-up system just encourages people to further alienate each other.

This brings me to something that further thickens the debate:

  • Caveats

The primary assumption behind all of this is mutual respect and reciprocity, i.e., “We’ll respect your styles if you respect ours.  However, as pointed out on Debito.org for many years, Japan has not been respectful of the rendering of foreign names within its own registry systems.

As long-time resident Kirk Masden in Kumamoto pointed out on Facebook:

===========================
https://www.facebook.com/Kumamotoi/photos/a.129499733790134/2639886286084787/?type=3&theater

Hi! Masden Kirk Steward here with some thoughts on the cultural integrity of names.

As you can see from the images of my Japanese IDs, the Japanese government has determined that the correct, official way to write our names is in Japanese order (family name followed by given names), without a comma to show a change in order. I have been told that I must “sign” my name in this order, in English, in order to complete a cell phone agreement. I protested but ultimately complied because I wanted the phone.

As you can imagine, I felt a bit irritated but had forgotten about the issue until I saw today’s news:

Kono to ask foreign media to switch order of Japanese names
https://japantoday.com/category/politics/foreign-minister-to-ask-media-to-switch-order-of-japanese-names

“As an example, Kono said that Prime Minister Shinzo Abe’s name should be written as ‘Abe Shinzo,’ in line with other Asian leaders such as Chinese President Xi Jinping and South Korean President Moon Jae In.”

As one who would like have the cultural integrity of my own name respected, I’m sympathetic to this position. OK, Mr. Kono, have it your way. But first, please do the following:

* Formally sign your request 太郎河野 in Japanese — the cultural equivalent of what Japanese policy has forced me to do
* Apologize, on behalf of the Japanese government, for not respecting the cultural integrity of non-Japanese names
* Make an adjustment to current practice

If for example, individuals could choose to place a comma after a family name on an ID, that would be an improvement in my view. Or, IDs could have separate boxes for “Family name” and “Given names”. It would also be nice to publish something on an official Japanese website about not forcing people to sign names in the order they appear on a Japanese ID.

Yours truly, Masden Kirk Steward — NOT!!!

P.S. One more point: The Japanese government forces us to opt in if we want our names written In Japanese. That may be OK but after going to the trouble of opting in once, I forgot to opt in again when I got my next card — even though the new card was a new version of the old card and I was required to submit the old one at the same time I submitted the new one. So, now I have no official indication of how to write my name in Japanese — which I had specifically requested earlier. 🙁 End of rant

P.P.S. I would just like cultural and linguistic integrity of non-Japanese names to get a little more respect and understanding. Pretty much the same thing that Kono is asking for. The gap between “This is Japan and we will mangle your names as we see fit” on the one hand and “Respect Japanese culture and present our names in the correct order” on the other bugs me.

===========================

DEBITO:  This is before, of course, we get to how names of children of international marriages get rendered, where the koseki has no extra slot for a middle name, meaning the first and last names can get mashed together into an unwieldy polyglot. As Facebook commenter ID pointed out:

===========================
ID: I’m with Kirk. When I went to register my daughter at the city office, they tried to tell me that her name couldn’t be Christine. She could be “Kurisuten” or “Kurisucheen”. He didn’t get long shrift… A friend of mine has a son whom they insisted was called “Ando-ryu”.

===========================

To which Kirk answered:

===========================
Masden Kirk Steward:  In my case, the disagreement was with the people who had the power to approve or disapprove how their names would be listed on their Japanese passports. With our son, whose name in English is Leon and 理恩 in Japanese, the spelling “Leon” was approved. Reason: They determine from looking at the names that “Leon” had come first and that “理恩” was ateji. With our daughter whose name in English is Mia and 美弥 in Japanese, the spelling “Mia” was not approved — it had to be Miya. Reason: They determined (in their infinite wisdom) that we had started 美弥 (a “real” Japanese name) and therefore a “deviant” spelling could not be approved — even though her U.S. passport is “Mia.” The best we could do was to get them to add “(Mia)” in parentheses.

===========================

DEBITO:  Ditto on my account.  I’ve had two passport renewals (and a Japan Times column) haggling over whether I could spell my own name Arudou or ArudoH (Hepburn Style, which MOFA, in their infinite wisdom, requires, even if that means names like Honma and Monma being spelled misleadingly as “Homma”and “Momma”).

So point taken.  Let’s have rendering conventions respect the original renderings of names as accurately as possible in the target language.  And let’s have some reciprocity when it comes to allowing individuals to control their identities through their names.

Opening the floor now to discussion…

David Christopher Schofill / Aldwinckle / Sugawara Arudoudebito / ARUDOU, Debito / Debito Arudou Ph.D.

SCMP: “Japan: now open to foreign workers, but still just as racist?” Quotes Debito.

mytest

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Hi Blog.  As a follow-up to what I wrote for the Japan Times in my end-year column last January (see item #1), here’s the SCMP offering more insights into the issue of Japan’s new visa regimes and the feeling of plus ca change.  My comment about the article is within the article.  Debito Arudou Ph.D.

//////////////////////////////////////////////

Japan: now open to foreign workers, but still just as racist?

Japan is opening its doors to blue-collar workers from overseas to fill the gaps left by an ageing population
Resident ‘gaijin’ warn that the new recruits – whom the government refuses to call ‘immigrants’ – might not feel so welcome in Japan
By Julian Ryall, South China Morning Post, 11 May, 2019
https://www.scmp.com/week-asia/politics/article/3009800/japan-now-open-foreign-workers-still-just-racist

Japan’s reluctance to allow foreigners to fill the gaps in its labour market has finally crumbled, as the country begins issuing the first of its new visas for blue-collar workers from overseas.

The first exams for applicants are being held in locations across Japan and also in Manila, following the introduction last month of new visa classifications that the government expects will lead to the admittance of more than 345,000 foreigners over the next five years.

Teething problems appear all but inevitable given the nation is famously insular, is not experienced with large-scale immigration and has a deep distrust of change.

Companies struggling to find enough employees as the population ages and fewer young people enter the workforce have broadly welcomed the new immigration rules – though there are still many who insist that the government has made a mistake and that local people’s jobs and social harmony are at risk. Ultra-conservatives, meanwhile, are railing at the potential impact on the racial purity of their island nation.

And there are foreign residents of Japan who fear the new rules may encourage even more overt discrimination against “gaijin”, or foreigners, than already exists. According to government statistics, there are 2.217 million foreign residents of Japan, with Koreans, Chinese and Brazilians making up the largest national contingents.

The new visa has two versions, both requiring a company to sponsor the foreign worker and provide evidence that he or she has passed various tests, including on Japanese language ability.

Fourteen industries – including food services, cleaning, construction, agriculture, fishing, vehicle repair and machine operations – are covered by the first visa, aimed at those with limited work skills. The worker’s stay is limited to five years, with the option of visa renewals, but they are not permitted to bring their family members to Japan.

The second type of visa does permit skilled workers to bring their families to Japan when they meet certain criteria, although this has led to domestic criticism that the administration of Prime Minister Shinzo Abe has opened the door to enabling immigrants to settle permanently in Japan, despite the government’s insistence they are only in the country temporarily and are not immigrants.

Industry analysts say the issue needs to be addressed urgently, although they also warn that the 47,550 visas that are expected to be issued in the first year of the new scheme, and the total of 345,000 over the initial five years, will still fall well short of what domestic industries require.

Japan’s open to foreign workers. Just don’t call them immigrants

“Government statistics and industry are both telling us that the labour market is completely empty,” said Martin Schulz, senior economist for the Fujitsu Research Institute in Tokyo.

“With the boom in the construction sector ahead of the 2020 Tokyo Olympic Games, companies are becoming desperate,” he said. “They are finding it very hard to fulfil their current project requirements and they are refusing to take on new projects.

“But in truth, Japan has no choice but to open up to foreign workers,” Schulz said. “Even with more automation and robots, there are simply not enough people.”

Yet there has been significant resistance among those who fear their jobs will be taken by foreigners who will work longer hours for lower wages, those who say outsiders will cause problems because they will be unable to assimilate into Japanese society or struggle with the language barrier.

The concerns about foreigners settling in Japan cut both ways, however.

Very often, according to French expat Eric Fior, it’s the relatively minor but persistent incidents of discrimination in Japan that get under his skin. Such as the time it snowed heavily one winter and the janitor of the building in Yokohama where he had his office shovelled the snow away from every door in the building. Except his.

Or the time he confirmed with the management of the property that he could have some flower boxes outside his office door, just like the other tenants, and he was given permission to do so. Three days after he positioned the flower boxes, the nearby tap he used to water them was disconnected.

He asked the janitor where it had gone and got a shrug in reply. As the man turned away, Fior could see the tap in his pocket.

“What can you do?” said Fior, 47. “Japan is such a polite country on the surface and everyone smiles and bows, but there are a lot of times when you get the sense that not far below the surface is the wish that us foreigners were just not here.

“But there really is little point in confronting them as nothing will get done and we just end up with the reputation of ‘foreigners who cause problems’,” he shrugged.

Reports of discrimination against the foreign community in Japan are countless and varied – from landlords who refuse to rent to non-Japanese for no apparent reason other than their nationality, commuters who refuse to sit next to a foreigner on a packed train or signs at the entrances to bars or restaurants baldly stating “No foreigners” – but a new study indicates the scale of the problem.

Conducted by the Anti-Racism Information Centre, a group set up by activists and scholars, 167 of the 340 foreign nationals who took part in the study said they had experienced discriminatory treatment at the hands of Japanese.

Replying to the study, a foreign part-time shop employee recalled a Japanese customer who did not like seeing foreigners working as cashiers, refused to be served by them and demanded Japanese staff. Another response to the study noted the case of a Chinese employee of a 24-hour store who was reprimanded after speaking with a Chinese customer in Chinese and ordered to only speak in Japanese.

Others reported being refused rental accommodation or denied access to shops.

Activists point out, however, that the Japanese government’s new regulations that relax visa requirements for workers from abroad mean that there will soon be tens of thousands of additional foreigners living in Japanese communities.

“It’s a net positive that Japan is bringing over more people, since that may help normalise the fact that non-Japanese are contributing to Japanese society,” said Debito Arudou, author of Embedded Racism: Japan’s Visible Minorities and Racial Discrimination.

“But it is disappointing that Japan still is not doing the groundwork necessary to make these newcomers want to stay and contribute permanently,” he said. “The new visa regime still treats these non-Japanese entrants as ‘revolving-door’ workers, with no clear path to permanent residency or citizenship.

“And – as the surveys seem to indicate – one fundamental flaw in these plans is that non-Japanese are insufficiently protected from the bigotry found in all societies,” Arudou said.

“Japan still has no national law against racial discrimination, remaining the only major industrialised society without one. Even government mechanisms ostensibly charged with redressing discrimination have no enforcement power.”

Tokyo needs to pass the laws that make racial discrimination illegal, empower oversight organisations and create an actual immigration policy instead of a “stop-gap labour shortage visa regime”, he said.

“At the very least, tell the public that non-Japanese workers are workers like everyone else, filling a valuable role, contributing to Japanese society and are residents, taxpayers, neighbours and potential future Japanese citizens,” he added.

Discrimination is arguably felt more by people from other Asian nations than Westerners, while even Japanese women are often described as second-class citizens purely as a result of their gender.

“I first came to Japan in the 1970s to attend university and, being from a third-world country, the Philippines, I encountered a few obstacles when I was looking for apartments,” said Joy Saison, who today has her own business and is a consultant to a French start-up company.

“Despite fulfilling the requirements for a Japanese guarantor and having bank statements, there were many occasions when I was refused,” she said. “Back then, going to an ‘onsen’ or restaurant with ‘gaijin’ friends was a pain, too. If none of us looked Japanese enough, we were refused entry right at the door.”

But Saison has a theory about racism in Japan.

“Japan has always been a homogenous society and so the default mindset here is that anything alien to them gets scrutinised and is not trusted,” she said. “But having a win-win attitude will get you on their good side.”
ENDS

===================
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Yomiuri: GOJ now requiring hospitals (unlawfully) demand Gaijin Cards from NJ as a precondition for medical treatment

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Hi Blog.  Related to recent discussions about public refusals of service for either not complying with (unlawful) demands for NJ ID, or denial of service anyway when people in charge arbitrarily decide a visa’s length is not long enough, mentioned below is a move by the GOJ to require hospitals demand Gaijin Cards etc. (as opposed to just requiring medical insurance cards (hokenshou), like they would from any Japanese patient) as a precondition for providing treatment to sick NJ.

Granted, the Yomiuri article below notes that for Japanese patients, the government is “considering” requiring a Japanese Driver License etc. as well, because the hokenshou is not a photo ID.  But once again, NJ are clearly less “trustworthy” than the average Japanese patient, so NJ will have more (again, unlawful) rigmarole first.

But there’s a deeper pattern in this policy creep.  Recall the “Gaijin as Guinea Pig” syndrome we’ve discussed on Debito.org for well over a decade now:  Public policies to further infringe upon civil liberties are first tested out on the Gaijin — because foreign residents even Constitutionally have much fewer civil liberties — and then those policies are foisted on the general public once the precedent is set.   So once again, the GOJ is taking advantage of the weakened position of NJ to assume more government control over society.

NB:  There’s also a meaner attitude at work:  Note in the last paragraph of the article below the echoes of 1980‘s “foreigners have AIDS” paranoia creeping into LDP policy justifications once again.  I say “mean” because the point would have been made by just stopping at “the person fraudulently used somebody else’s insurance”.  And I’m sure presenting a Gaijin Card would have fixed the AIDS issue!  (Not to mention that the GOJ apparently WANTS people to get AIDS screening, especially if they’re visibly foreign!)  Such ill-considered policymaking signals!

Meanwhile, don’t expect equal treatment as a patient if you get sick while foreign.  It’s official policy.  Debito Arudou Ph.D.

/////////////////////////////////////////////////

病院で「なりすまし防止」外国人に身分証要求へ
2018/11/18(日)  読売新聞, Courtesy of SendaiBen and MJ
https://headlines.yahoo.co.jp/hl?a=20181118-00050002-yom-pol

(写真:読売新聞)

政府は外国人が日本の医療機関で受診する際、在留カードなど顔写真付き身分証の提示を求める方針を固めた。来年4月開始を目指す外国人労働者の受け入れ拡大で、健康保険証を悪用した「なりすまし受診」が懸念されるためだ。外国人差別につながらないよう、日本人にも運転免許証などの提示を求める方向だ。

来年度にも運用を始める。厚生労働省が在留外国人への周知徹底を図るとともに、身分証の提示要請を各医療機関に促す。

国民皆保険制度を採用する日本では、在留外国人も何らかの公的医療保険に原則として加入することが求められる。保険証を提示すれば、日本人か外国人かを問わず、原則3割の自己負担で受診できる。ただ、保険証には顔写真がついていない。「別人かもしれないと思っても『本人だ』と主張されると、病院側は反論が難しい」(厚労省幹部)という。

自民党の「在留外国人に係る医療ワーキンググループ」が医療関係者や自治体から行ったヒアリングでは、なりすまし受診の実例が報告された。神戸市では不法滞在のベトナム人女性が2014年、日本在住の妹の保険証を悪用してエイズウイルス(HIV)の治療を受けていた。他人の保険証で医療費の自己負担軽減を受けることは、違法行為に当たる可能性がある。

ends

======================

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Mark: New Discriminatory Policy by Rakuten Mobile Inc., now “stricter with foreigners”, refusing even Todai MEXT Scholarship Students cellphones

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Hi Blog.  Here’s another example of how unequal treatment in customer service, when predicated upon things such as visa status (which is in fact none of the company’s business), leaves NJ open to discrimination.  According to Submitter “Mark”, this is affecting people on Student Visas, where denial of service is apparently new and arbitrary.  He describes his experience at Rakuten Mobile below.  It’s tough enough for NJ to do the basics for life in Japan, such as open a bank account or rent an apartment.  Now NJ students can’t even get a cellphone from Rakuten.

Alas, this is in fact nothing new (I’ve written about, for example, cellphone operator’s NTT DoCoMo’s unequal policies before, which were so silly that they eventually abandoned them after the information came out in one of my Japan Times columns).  But it still should be known about, so people can take their business elsewhere, if possible.  Anyone know of an alternative cellphone company with less discriminatory policies?  Debito Arudou, Ph.D.

///////////////////////////////////////////////

From: “Mark”
Subject: New Discriminatory Policy by Rakuten.
Date: April 26, 2019
To: Debito Arudou (debito@debito.org)

Dear Debito,

I would like to make public a New Discriminatory Policy being implemented systematically in Rakuten Mobile.

It seems that the company recently decided to deny the service to foreign customers.

I have living in Japan for 2 years. When I arrived, I applied online for their service and they accepted my application immediately. This week, I tried to make a contract online for 2 friends that just came to Japan. Their online application was rejected 3 times without providing the reason. I checked everything in their application and was correct. They uploaded their scanned residence card and the quality of the image was perfect. Also the contents of the application were correct.

Hence, we went to a Rakuten Mobile Store in Ikebukuro on the afternoon of April 23. They asked for their residence cards: after seeing the residence card they denied the service arguing that the company just established new rules and are now stricter with foreigners.

The 2 persons that were denied the service have a valid visa until April 2021 (2 years). They are graduate students at the University of Tokyo as me. They didn’t ask anything about the applicants. They just turned down the request based on being foreigners.

I asked the reason and the lady was ashamed and said that recently the Company has began to be stricter with foreigners. I replied back saying that 2 years ago my application was accepted under the same conditions and the lady was ashamed. It seems to be a new a discriminatory policy set by a well-known company.

I would like to explain things chronologically:

– April 19: Two international students enrolled at The University of Tokyo apply online for a SIM Card Plan only (they have cellphone already). I carefully checked their application since my level of Japanese is better. They got rejected. “Reason: Other” (理由:その他). In total, 3 attempts were done.

– April 23 (5.00pm): We went to Rakuten Mobile Ikebukuro Store (Telf. 03-5957-3051). A lady asked for their Residence Cards and consulted privately with other staff. She said: “Sorry. We cannot accept your application. Recently the Company began to be stricter with foreigners”.

I replied back: “Two years ago my application was accepted under exactly the same conditions as them. Why are they being rejected ?”

The Employee was really ashamed. She said “The Staying Time [在留期間] is not enough and the Company has become stricter with foreigners”.

My friends are MEXT Scholarship Students at The University of Tokyo with a mid-term visa valid From April 2, 2019 until April 2, 2021. Under the same conditions, I was accepted in Rakuten Mobile in 2017.

– April 25 (5.30pm): We visited Rakuten Mobile in BicCamera Akihabara. Again rejected. The only employee of Rakuten at that Branch said: It is NOT possible with this Visa.

We decided to try again and took a train to BicCamera in Kashiwa, Chiba-Ken. There, another MEXT Scholarship Student from The University of Tokyo got his SIM Card that same day few hours earlier. Another rejection! Surprised, I asked the reason(s). They said that my friend who went earlier had a “a few days more of validity” in his residence card and the system of Rakuten was issuing a rejection. My friend’s visa is valid from April 3 2019 until July 3, 2021 (3 months more than my friend rejected).

According to JASSO, there are 300,000 foreign students in Japan and 90,000 of them are enrolled at language schools. By law, their maximum period of stay is up to 2 years for life and they are usually granted visas of 1 year renewable. Other categories of students are also never granted more than 2 years. It seems that more than 50% of foreign students in Japan have Visa of 2 years of less. In essence, Rakuten Mobile seems to have established a new rule to deny service to most foreigners that hold a student visa.

That information can be verified at any Rakuten Branch in Japan but it is not disclosed online anywhere!  I didn’t ask for the written rules. It seems that it could be verified at any branch since is a nationwide ban on most foreign students. Interestingly, from October 2019 Rakuten will be a full Mobile Network Operator (MNO) at the same category as AU, Softbank and Docomo. My friends were not asking for installments to buy a new cellphone. They just wished to have a 3 Gb plan that according to Rakuten Mobile can be cancelled after 12 months without any fee . Anyways, Rakuten Mobile seems to be consistent in their rejection of foreigners.

I notified the Embassy of Japan in Venezuela (my native country) and they wished to investigate too. I hope the information could be useful to improve the situation. I regret that I didn’t ask the names of the employees and my friends seem to feel discriminated and disappointed as to go back to the stores! Their first experience in Japan in just few days after arriving! That reminds me of the United Nations Report written by Doudou Diène in 2006:

“The Special Rapporteur concluded that there is racial discrimination and xenophobia in Japan… The manifestations of such discrimination are first of all of a social and economic nature. All surveys show that minorities live in a situation of marginalization in their access to education, employment, health, housing, etc. Secondly, the discrimination is of a political nature: the national minorities are invisible in State institutions.”

Thanks for your attention and hard work! I always recommend your latest book and articles!

Sincerely, “Mark”

===========================
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Kyodo: Half of foreigners in Tokyo experienced discrimination: ARIC survey

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Hi Blog.  At the risk of calling forth “Captain Obvious” or “Obviousman“, here’s a survey saying that half of Tokyo-resident NJs have experienced discrimination; it even made the news.  The survey is not quite on the scale or scope of the previous Ministry of Justice one Debito.org covered (and I wrote two Japan Times columns about here and here) in 2017, since it has a smaller sample size, has a more targeted surveyed group, and is confined to the Tokyo area.  But it’s nevertheless better than the very biased one the GOJ did twelve years ago.

It also deserves a mention on Debito.org as it quantifies the degree and patterns of discriminatory behavior out there.  ARIC, the group doing the survey, is on the right track recording issues of domestic racism and hate speech.  Let’s have more surveys in other places, and get data quantified and triangulated nationwide.  Enough of these, and recorded isolated incidents eventually merge into patterns, and ultimately concretely-measured trends that justify public policy fixes.  Debito Arudou Ph.D.

////////////////////////////////////////////////////

Half of foreigners in Tokyo experienced discrimination: survey
The Japan Times and Mainichi Shinbun, April 17, 2019, Courtesy of JR
https://www.japantimes.co.jp/news/2019/04/17/national/social-issues/half-foreign-nationals-tokyo-experience-discrimination-survey-shows/

TOKYO (Kyodo) — Nearly half of the foreigners living in Tokyo have experienced racial discrimination, according to a survey released Tuesday by a civic group.

In the survey conducted by the Anti Racism Information Center, a group organized by scholars, activists and university students, 167 of 340 respondents including students said that they have suffered discriminatory treatment such as being told not to talk in a language other than Japanese.

Some working as retail shop cashiers said customers asked for Japanese cashiers, according to the face-to-face questionnaire survey conducted in February and March in Tokyo’s Shinjuku Ward.

Among them, a Nepalese man who works at a drugstore said one customer told him that he or she does not like to see a foreigner working as a cashier and asked for someone else.

A Chinese respondent who works at a convenience store said that a colleague told the respondent not to speak Chinese when the respondent was asked for directions by a Chinese-speaking customer.

There were also cases where foreigners had apartment rental applications rejected. Some said they were denied entry into stores, but none of the respondents took their case to a public office dealing with such issues.

Ryang Yong Song, a representative of the civic group, told a press conference that foreigners living in Japan tend to “end up letting (their discriminatory experiences) drop.”

“The government should conduct a survey to show what kind of discrimination foreigners face,” Ryang said, calling on schools and employers to deal more proactively with discrimination and establish a mechanism to involve public officials in addressing the problems.

With the country’s new visa system having started this month to bring in more foreign workers to address the deepening labor crunch, there have been criticisms about the government’s ability to offer consultation to foreign residents.

ENDS
========================

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My Japan Times JBC 115: “Know your rights when checking in at an Airbnb” (Apr 17, 2019)

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Hi Blog.  Here’s and excerpt of my latest Japan Times Just Be Cause Column 115, on NJ check in at hotels and Airbnb.  Reports to Debito.org are already coming in that police are willfully misinterpreting the law, so be prepared if necessary to produce the law and stand your ground.  Debito Arudou Ph.D.

JUST BE CAUSE
justbecauseicon.jpg

ISSUES | JUST BE CAUSE

Know your rights when checking in at an Airbnb
BY DEBITO ARUDOU, 
THE JAPAN TIMES, APR 17, 2019

Last year, the government passed a law covering minpaku, which is when people rent out space on their properties to travelers (a la Airbnb). The law is part of an effort to regulate accommodations amid a tourism boom ahead of the 2020 Olympics.

One issue for non-Japanese travelers, though, has been whether they must show ID such as a passports at check-in.

For hotels, which fall under the Hotel Business Law, the regulation has always been this: For any adult, Japanese or non-Japanese, who has an address in Japan, ID is not required. You just write your contact details in the guest registry. However, for guests who don’t reside in this country, displaying ID (i.e., your passport) is required.

Seems straightforward so far, right? But as has been reported several times over more than 10 years of this column, the police (and occasionally the Ministry of Health, Labor and Welfare) have confused things. Some hotels have been instructed that all “foreign guests” must show ID, specifically their passports…

Rest at https://www.japantimes.co.jp/community/2019/04/17/issues/know-rights-checking-airbnb/

More information at http://www.debito.org/?p=15559.

=============================
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DEBITO.ORG NEWSLETTER APRIL 18, 2019

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DEBITO.ORG NEWSLETTER APRIL 18, 2019

Hello Debito.org Newsletter Readers. To start, here’s an excerpt of my latest Japan Times column, out today:

////////////////////////////
Know your rights when checking in at an Airbnb
BY DEBITO ARUDOU,
THE JAPAN TIMES, APR 17, 2019

Last year, the government passed a law covering minpaku, which is when people rent out space on their properties to travelers (a la Airbnb). The law is part of an effort to regulate accommodations amid a tourism boom ahead of the 2020 Olympics.

One issue for non-Japanese travelers, though, has been whether they must show ID such as a passports at check-in.

For hotels, which fall under the Hotel Business Law, the regulation has always been this: For any adult, Japanese or non-Japanese, who has an address in Japan, ID is not required. You just write your contact details in the guest registry. However, for guests who don’t reside in this country, displaying ID (i.e., your passport) is required.

Seems straightforward so far, right? But as has been reported several times over more than 10 years of this column, the police (and occasionally the Ministry of Health, Labor and Welfare) have confused things. Some hotels have been instructed that all “foreign guests” must show ID, specifically their passports…
////////////////////////////

Rest at https://www.japantimes.co.jp/community/2019/04/17/issues/know-rights-checking-airbnb/
Anchor site on Debito.org for commentary at http://www.debito.org/?p=15625.
More information on the letter of the law at http://www.debito.org/?p=15559.
Now on with the Newsletter:

Table of Contents:
////////////////////////////

MORE OFFICIAL OVERREACTION TO NJ INVITED INFLUX

1) Record 2.73 million NJ residents in Japan in 2018; media also shoehorns in mention of NJ crime, without mention of NJ contributions
2) MC on new Minpaku Law and NJ check-ins: Govt. telling AirBnB hostels that “foreign guests” must have passports photocopied etc. Yet not in actual text of the Minpaku Law. Or any law.
3) XY: Hotel calls cops on NJ Resident at check-in for not showing passport. And cops misinterpret laws. Unlawful official harassment is escalating.
4) Fox on getting interrogated at Sumitomo Prestia Bank in Kobe. Thanks to new FSA regulations that encourage even more racial profiling.
5) “Gaikokujin Appetizer Charge” in Osaka Dotonbori restaurant? Debito.org investigates.

THE SENAIHO CASE OF SCHOOL HAIR POLICING TAKEN TO COURT

6) Senaiho on criminal complaint against Jr High School “Hair Police” in Yamanashi
7) UPDATE: Senaiho on the stacked Board of Education committee investigating his Yamanashi jr. high school Hair Police complaint
8 ) UPDATE 2: Senaiho School Bullying in Yamanashi JHS: How people who file complaints for official harassment get harassed back
9) NYT: Hair policing soon to be treated as “racial discrimination” by NYC Commission of Human Rights. Compare with JHS & HS Hair Police in Japan.

HOW THE MIGHTY HAVE FALLEN

10) Debito.org’s stance on the Carlos Ghosn Case, at last: A boardroom coup making “thin legal soup” that might shame Japan’s “hostage justice” judicial system into reform
11) Debito article in Shingetsu News Agency: “The Japan Times Becomes Servant to the Elite” (Feb 2, 2019)

… and finally…
12) Japan Times JBC 114, “Top Ten Human Rights Issues for NJ in Japan for 2018” column, “Director’s Cut” with links to sources
////////////////////////////

By Debito Arudou Ph.D.
debito@debito.org, www.debito.org, Twitter @arudoudebito
Debito.org Newsletters as always are freely forwardable

////////////////////////////
MORE OFFICIAL OVERREACTION TO NJ INVITED INFLUX

1) Record 2.73 million NJ residents in Japan in 2018; media also shoehorns in mention of NJ crime, without mention of NJ contributions

Mainichi: A record 2,731,093 foreigners were registered living in Japan at the end of 2018, up 6.6 percent from a year earlier, bolstered by a rising number of students and technical trainees, the Justice Ministry said Friday. The government is expecting a further rise in foreign residents under a new visa system to be implemented next month with the aim of attracting more foreign workers amid a severe shortage of labor in the country.

COMMENT: After a dip a few years ago, the population of NJ continues to rise, now reaching a new record, according to the Mainichi and the Yomiuri below. This will probably continue, since, as I have noted in previous writings (see #1 here too), the Japanese Government is actively seeking to bring in NJ to fill perpetual labor shortages. But as noted, it won’t be treated as an “immigration policy”, meaning these people won’t be officially encouraged to stay. Nor will they be treated with the respect they deserve (as usual) for their valuable contributions to society. As submitter JK notes, “Of course these reports aren’t complete without the obligatory linkage between ‘foreign’ and ‘crime’ (i.e. illegal overstayers).”

When will the GOJ decide to give us some stats on how much NJ, as workers, contribute to the bottom line by keeping companies staffed and in business? Or by paying taxes? Other countries manage to come up with these kinds of figures, so why can’t Japan? Well, because that would encourage regular folk to have justifications for seeing NJ as human beings, and wanting them to stay for reasons beyond facile curiosity/exploitation. Can’t have that!

http://www.debito.org/?p=15597

////////////////////////////

2) MC on new Minpaku Law and NJ check-ins: Govt. telling AirBnB hostels that “foreign guests” must have passports photocopied etc. Yet not in actual text of the Minpaku Law. Or any law.

It seems the GOJ is up to its old tricks: Reinterpreting the law to pick on “foreigners” again. This was seen previously on Debito.org to encourage racial profiling at hotel check-ins, and now with the new Minpaku Law affecting AirBnB-style private homes opened for public accommodation (minshuku), it’s more of the same. Read on from Debito.org Reader MC:

MC: I wrote to the Minpaku I stayed at with an explanation of the problematic nature of their system in regards to Non-Japanese customers. First, they had no right to ask for photographs of anyone, resident or not, Japanese or not. The idea of requiring guests to upload a scan of a driving licence or passport, or even just a face shot, is just asking for identity theft, and is certainly illegal. I explained the law on this as follows: “The Japan Hotel Laws are quite clear on this: If the guest is NOT a resident of Japan you DO have the right to ask for a passport number (not a copy of the passport). But if the guest IS a resident of Japan, on the other hand, whatever the nationality, they have no responsibility to provide any kind of copy of an official document or any photograph. It’s a gross invasion of privacy.”

The Minpaku lodging replied to say that the new Minpaku Law of 2018 allowed for online check-in, and required photographic ID. The former is true, but I didn’t think the latter was. However, I checked out the wording at the Minpaku system portal on the MLIT (Ministry of Land, Infrastructure, Transport and Tourism) site, and it looks to me as though there is some cause for worry.

COMMENT: MLIT is offering a freewheeling interpretation of the law (as keeps happening by Japanese officialdom, particularly the Japanese police, over-interpreting the law for their convenience to target foreigners). However, there is NOTHING in the Minpaku Law that requires NJ Residents of Japan to supply passport numbers (and by extension passport copies and mugshots). But where is this heading? Towards more rigmarole, policing, and official harassment of NJ-resident customers. (MLIT is even explicitly advising Minpaku to call the cops if the “foreign guest” has no passport, even though residents are not required to carry them; and as the Carlos Ghosn Case demonstrates, you do NOT want to be detained by the Japanese police under any circumstances.) And I have been hearing of other Japan-lifers now finding it harder to check-in while foreign.

Bottom line: The new Minpaku Law hasn’t fundamentally changed anything in regards to NJ resident customers. You are still not required to show ID, passport, or photo to any Japanese accommodation if you indicate that you have an address in Japan.

http://www.debito.org/?p=15559

////////////////////////////

3) XY: Hotel calls cops on NJ Resident at check-in for not showing passport. And cops misinterpret laws. Unlawful official harassment is escalating.

Submitter XY: Just now I tried using your website to avoid having my passport scanned at a hotel after it escalated all the way to the police. The short story is: Just don’t do it, it won’t work. It’s not worth it at all…

I showed the cop the three reasons that hotels can refuse service. He tried to make an argument that it fell under the “public morals” part of clause 2, but when I pressed him on that even he agreed that it was a stretch. He went and talked on the phone for a while, but not before talking about searching my possessions, which I said was no problem. When he came back, he had written down the name of a certain law, which I’m sorry I don’t remember the name of, but it apparently allows hotels to scan IDs of its customers.

I gave up at that point, and my possessions were never searched. I gave my passport to be scanned and apologized to the police and apologized more profusely to the receptionist.I have the feeling that if the cops that showed up were less nice, they would have found some reason to take me to the station. So I’m currently feeling very lucky. I won’t roll the dice again.

COMMENT: But the point still stands: When it comes to dealing with hotel check-ins, Japan’s police have been bending the law (if not simply making it up) for well over a decade. The law: If you have an address in Japan, you don’t have to show ID, regardless of citizenship. As Submitter XY would probably argue, the issue is now whether or not you are willing to stare down the police.

http://www.debito.org/?p=15590

////////////////////////////

4) Fox on getting interrogated at Sumitomo Prestia Bank in Kobe. Thanks to new FSA regulations that encourage even more racial profiling.

My old friend Fox in Japan writes in with a tale of being, as he puts it, “interrogated” at the bank for trying to send $500 overseas while foreign. And if you think the claim “while foreign” is a bit of an exaggeration, Debito.org has numerous records of racial profiling by Japanese banks for sending or receiving funds (or exchanging money) of even minuscule amounts (such as 500 yen). New regulations, however, require a “risk-based approach” (which is, according to the Nikkei, recommended but not required), meaning the scale of “risk” depends on how much money the sender/receiver has in that bank. Or as the Nikkei puts it, “Consider a customer with a direct payroll deposit of 300,000 yen ($2,660) a month who receives 200 million yen from an overseas bank. The government would require that the bank not only follow up confirming the identity of the person withdrawing the funds, but also check the deposit history and what the cash will be used for.”

Meaning that this is no longer a matter of transfer amount — i.e., a large transfer of 5,000,000 yen (later 2,000,000 yen) used to raise flags while smaller transfers didn’t. (Japan’s FSA Guidelines of 2018 mention no money amount whatsoever.) The problem now becomes, without an objective minimum transfer amount to be flagged, that any “foreigner” can be arbitrarily deemed “risky” at any time simply by dint. It encourages racial profiling even further, in addition to what you already have at Japan’s hotels and other public accommodation, police instant ID checkpoints, and tax agencies. More Embedded Racism.

http://www.debito.org/?p=15584

////////////////////////////

5) “Gaikokujin Appetizer Charge” in Osaka Dotonbori restaurant? Debito.org investigates.

Message to BBS: ‘I was in the Dotonbori area in Osaka for the New Years break. My friend and I were hungry and decided to go to an Izakaya there rather than walk a bit. Given that it’s a huge touristy area we were already expecting sneaky charges and overpriced food, but we were hungry. Anyways, we pay and notice that the price is higher than we expected, but we were super tired and didn’t feel like doing the math. An hour later we’re on the train headed to Kobe and we look at the receipt, we notice a Gaijin fee of 300 yen per person. The service charge was BS too, but somehow less surprising. Has anybody experienced something similar.”

COMMENT: A reader of this BBS sent Debito.org a copy of the receipt, and yes, “Gaikokujin Tsukidashi” (Appetizers for Foreigners) is clearly listed. Debito telephoned the restaurant to investigate…

http://www.debito.org/?p=15482

////////////////////////////

THE “SENAIHO” CASE OF SCHOOL HAIR POLICING TAKEN TO COURT

6) Senaiho on criminal complaint against Jr High School “Hair Police” in Yamanashi

Senaiho: Since writing this article in the spring of last year, there have been several developments in our case. At the end of 2017, we submitted a petition to the Yamanashi board of education requesting they do an investigation into the bullying, and reasons for the trauma experienced by our daughter. As a result of this experience she has been absent for almost the entire last two years of her middle school education.

Over the course of 2017 with the help of our local Ombudsman, we managed to collect over 1500 signatures requesting that the school board do an internal investigation into the causes and responsibilities of the incidents regarding our daughter. The school board agreed to do an investigation. At the end of 2018 after reports of monthly meetings of the school board (in which we were not allowed to participate), we were informed that the results of this investigation completely exonerated the teachers and any public officials of any misdeeds or responsibility regarding the treatment of our daughter. It was all our fault as incompetent parents that our daughter was bullied and suffered such trauma that she was not able to attend school. Shame on us. We have requested to see a copy of this report, but have been informed that will not be allowed. The reason given is that it contains the names of private individuals involved whose privacy must be protected. Bullspit! We tried to be civil and it got us nowhere.

As of January 8, 2019, we have filed with the Yamanashi Pref. Police a criminal complaint naming the school principal and three teachers as defendants. Later that afternoon we also held a press conference. As of this writing articles regarding our case have appeared in several newspapers across the country. Since it is still early in the criminal case, I am sure there will be many developments over the next several weeks and months. I will strive to keep you informed as these occur.

http://www.debito.org/?p=15489

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7) UPDATE: Senaiho on the stacked Board of Education committee investigating his Yamanashi jr. high school Hair Police complaint

What follows is an update about Senaiho’s case, i.e., overzealous enforcers of school rules in Japan’s compulsory education system who essentially become the “Hair Police”. This phenomenon particularly affects NJ and Japanese of diverse backgrounds, who are forced by officials to dye and/or straighten their naturally “Non-Asian” hair just to attend school.

Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children with diverse physical features targeted for “standing out”) and their families scarred for life. (As discussed at length in book “Embedded Racism”, pg. 154-5.) As reported on Debito.org last month, after months of playing by the rules established by the local Board of Education, Senaiho finally lodged a formal criminal complaint against his daughter’s school officials, and it’s smoking out hidden documents. This blog entry is an update to the case, where he has managed to uncover just how stacked the system is against him, and why he was entirely correct to pursue this issue through criminal, not Board of Education, channels.

This is one of the worst-kept secrets about Japan — its underdeveloped civil society generally leaves the government to do everything, and the cosy relations between government officials means a lack of independent investigation and oversight. Coverup becomes Standard Operating Procedure. Hence “kusai mono ni futa o suru” (“put a lid on that which stinks” — instead of actually cleaning it up) isn’t a bellyaching grumble — it’s a PROVERB in Japan.

Your kid having trouble in Japanese school? Keep an eye on this case and learn a few alternative avenues for recourse.

http://www.debito.org/?p=15555

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8 ) UPDATE 2: Senaiho School Bullying in Yamanashi JHS: How people who file complaints for official harassment get harassed back

Here’s a second update from “Senaiho”, who has given Debito.org important updates (previous ones here and here) about overzealous enforcers of school rules in Japan’s compulsory education system acting as what Debito.org has long called “the Hair Police“. This phenomenon particularly affects NJ and Japanese of diverse backgrounds, who are forced by officials to dye and/or straighten their naturally “Non-Asian” hair just to attend school.

The update is that The BOE is simply engaging in obfuscation and coverup. After attracting some (domestic) press attention (which didn’t itself cover the racial-discrimination aspect of this happening to a child of international background, for having the wrong natural hair color/texture), the local government has decided (as you can see below) to investigate not the case (to prevent something like this from ever happening again to another student), but rather how not to get sued. Official transcripts are also indicating testimonies grounded in rumor, not fact, without direct input from the victimized family. And for good measure, we now have the time-worn bureaucratic tactic of smothering claimants with documents to consume all their free time. All while Senaiho is attempting to take this out of local lackluster investigative hands and into criminal court, by filing a criminal complaint.

The interesting news is that according to a recent article in Japan Today (full text after Senaiho’s dispatches) is that forcible hair cutting like this is seen as (generally distasteful) corporal punishment (taibatsu) elsewhere (in conservative Yamaguchi Prefecture of all places, home constituency of PM Abe). In that case, apologies were forced by the students, top-down pressure put on the teacher to reform, and the teacher being relieved of some of his duties. Let’s keep an eye on Senaiho’s case, for if his criminal complaint succeeds, it will be a template for others on how to take cases of abusive teachers out of the hands of evasive, “see-no-evil” Boards of Education, and protect diverse children from the cookie-cutter conformity of Japan’s JHSs and SHSs.

http://www.debito.org/?p=15609

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9) NYT: Hair policing soon to be treated as “racial discrimination” by NYC Commission of Human Rights. Compare with JHS & HS Hair Police in Japan.

NYT: Under new guidelines to be released this week by the New York City Commission on Human Rights, the targeting of people based on their hair or hairstyle, at work, school or in public spaces, will now be considered racial discrimination. The change in law applies to anyone in New York City but is aimed at remedying the disparate treatment of black people; the guidelines specifically mention the right of New Yorkers to maintain their “natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.”

In practice, the guidelines give legal recourse to individuals who have been harassed, threatened, punished, demoted or fired because of the texture or style of their hair. The city commission can levy penalties up to $250,000 on defendants that are found in violation of the guidelines and there is no cap on damages. The commission can also force internal policy changes and rehirings at offending institutions… (The new guidelines do not interfere with health and safety reasons for wearing hair up or in a net, as long as the rules apply to everyone.)

The guidelines, obtained by The New York Times before their public release, are believed to be the first of their kind in the country. They are based on the argument that hair is inherent to one’s race (and can be closely associated with “racial, ethnic, or cultural identities”) and is therefore protected under the city’s human rights laws, which outlaw discrimination on the basis of race, gender, national origin, religion and other protected classes.

COMMENT: Related to our recent posts by Senaiho about the unchecked bullying power of the self-appointed “Hair Police” in Japan’s secondary education system, here’s how a progressive system deals with it, particularly when it comes to hairstyles in the professional world. New York City’s Human Rights Commission will soon be enforcing guidelines dealing with racial discrimination when it comes to how people choose to wear their hair professionally. And these penalties have real teeth: The NYC HRC can levy fines on companies of up to a quarter-mil, plus damages in court afterwards!

This is, of course, absolutely unimaginable in Japan, where their state-sponsored “Bureau of Human Rights” (Jinken Yougobu) is but a Potemkin system (with no ability to levy penalties, and arbitrary guidelines for launching investigations) that only exists to deflect criticism from overseas that Japan isn’t respecting treaty obligations towards human rights. Consequently people of diversity are forced into an absolutist narrative where “looking Japanese” is not only quantifiable as a standard (e.g., hair must be straight and black), but also enforceable under normalized racial profiling by the Japanese police (which has detained people for “looking foreign” while Japanese). This is why “Embedded Racism” remains so unchecked in Japan. So consider the NYC HRC as a template.

http://www.debito.org/?p=15564

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HOW THE MIGHTY HAVE FALLEN

10) Debito.org’s stance on the Carlos Ghosn Case, at last: A boardroom coup making “thin legal soup” that might shame Japan’s “hostage justice” judicial system into reform

Debito.org has been holding back on commenting on the Carlos Ghosn arrest and perpetual interrogation. But now that Ghosn has had practically unprecedented access to the media (see article below), and stands as a cautionary tale for any foreign businessman thinking they could get away with being a CEO of a Japanese company, it’s time to say something. Here goes:

COMMENT: The former CEO of Nissan and Mitsubishi motors, Ghosn was arrested last November and indicted in December for inter alia allegedly underreporting his income for tax purposes. As of this writing, he remains in police custody for the 23-day cycles of interrogations and re-arrests, until he confesses to a crime. Ghosn’s arrest shows how far you can fall if you’re foreign. Especially if you’re foreign.

One red flag was that the only two people arrested in this fiasco have been foreign: Ghosn and his associate, Greg Kelly. Kelly is now out on bail due to health concerns. But where are the others doing similar malfeasances? According to Reuters, Kobe Steel underreported income in 2008, 2011, and 2013, and committed data fraud for “nearly five decades.” Same with Toray and Ube Industries, Olympus, Takata, Mitsubishi Materials, Nissan, and Subaru. Who’s been arrested? Nobody but those two foreigners.

And Japan’s judicial system has a separate track for NJ suspects, including harsher jurisprudence for NJs accused of crimes, lax jurisprudence for NJ victims of crimes, uneven language translation services, general denial of bail for NJ, an extra incarceration system for subsequent visa violations while in jail, and incarceration rates for NJs four times that for citizens. Most indicative of separate and unequal treatment is that some of the accusations, which fall under a statute of limitations of seven years under the Companies Act, are still applicable. Prosecutors have argued that statutes do not apply to Ghosn because he spent time overseas. Apparently even the passage of time is different for foreigners, because the clock stops if they ever leave Japan!

It’s Debito.org’s view that this was a boardroom coup. The Wall Street Journal has reported that Ghosn was planning to oust a rival, Hiroto Saikawa, who has since taken Ghosn’s place as CEO. A similar thing happened to at Olympus in 2011, when CEO Michael Woodford broke ranks and came clean on boardroom grift. He was fired for not understanding “Japanese culture,” since that’s the easiest thing to pin on any foreigner. But in Woodford’s case, he was fired, not arrested and subjected to Japan’s peculiar system of “hostage justice” police detention, where detainees are denied access to basic amenities (including sleep or lawyers) for weeks at a time, and interrogated until they crack and confess, with more than 99% conviction rates.

The good news is that finally overseas media is waking up to what Japan’s Federation of Bar Associations and the UN Committee Against Torture have respectively called “a breeding ground for false charges” and “tantamount to torture.” Funny thing is, if this had happened in China, we’d have had howls much sooner about the gross violations of Ghosn’s human rights.

http://www.debito.org/?p=15548

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11) Debito article in Shingetsu News Agency: “The Japan Times Becomes Servant to the Elite” (Feb 2, 2019)

A couple of days ago I commented on an article in the Japan Times by a former Ministry of Foreign Affairs diplomat and TV pundit Miyake Kunihiko (or “Kuni”, for gaijin ingratiation) who has a weekly JT space for his musings. A pedigreed elite trained in international “Gaijin Handling”, Miyake clumsily talks about Japan’s race relations and multiethnic future by critiquing tennis champ Osaka Naomi’s “Japaneseness”.

My JT comment helped draw attention to the article, and I’ve just written my first feature piece for the Shingetsu News Agency (the only independent English-language media left in Japan not toeing a Japanese government line) about what Miyake’s article indicates in terms of the decline in the JT’s analytical abilities, as it swings rightward to knuckle under to revisionist pressure on Japanese media and curry favor with Japan’s elites. It also cites other research from Reuters and the Asia-Pacific Journal (Japan Focus). Here’s an excerpt:

The Japan Times Becomes Servant to the Elite
By Debito Arudou, Shingetsu News Agency, February 2, 2019

[…] This half-baked column is indicative of something much larger—a decline in analytical prowess due to the editorial changes at the Japan Times in recent years.

The Japan Times came under new ownership in June 2017 by the media group News2u Holdings, a PR company. In an unexpected editorial shift, last November the Japan Times announced that it would henceforth be rewording the “potentially misleading” (and internationally-recognized) terms “Comfort Women”—which is already a direct translation of the official euphemism of ianfu—as “women who worked in wartime brothels, including those who did so against their will, to provide sex to Japanese soldiers.” Likewise, the term “forced laborers” would now be rendered merely as “wartime laborers,” following the new government policy.

Aside from journalistic concerns about cramming a wordy term into concise articles, it wasn’t hard for media observers to understand this as a response to government pressure, already manifest in Japanese media and world history textbooks, to portray Japan’s past in a more exculpatory light.

Rest at http://shingetsunewsagency.com/2019/02/02/the-japan-times-becomes-servant-to-the-elite/
Debito.org anchor site with comments at http://www.debito.org/?p=15541

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… and finally…
12) Japan Times JBC 114, “Top Ten Human Rights Issues for NJ in Japan for 2018” column, “Director’s Cut” with links to sources

Now that the clicks have died down on my latest Japan Times JBC column of January 28, 2019 (thanks for putting it in the Top Ten trending articles once again), what follows is the first final draft I submitted to the Japan Times for editing on December 29, 2018. I blog this version because a lot of information is lost (inevitably) as we cut the word count from 2800 to 1600 words. (I generally put everything in the first final draft, then cut it down to fit the page; that way we don’t overlook anything and have to backtrack.)

People have been asking what got cut (and yes, the original version mentions former Olympus CEO Michael Woodford and former Japan Times columnist Dr. Jeff Kingston), so the piece below is quite a bit different from what appeared in the Japan Times here (meaning it shouldn’t draw away any readers from the JT version; in fact, it will probably spur more views from readers wanting to compare).

Also, having links to sources matter, so here it all is, including my regular acerbic tone:
http://www.debito.org/?p=15535

And here’s how it came out in The Japan Times:
https://www.japantimes.co.jp/community/2019/01/27/issues/new-visas-tourism-backlash-top-10-issues-affected-us-2018-may-forecast-future-treatment/

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That’s all for now. Thanks as always for reading!
Debito Arudou Ph.D.
debito@debito.org, www.debito.org, Twitter @arudoudebito

DEBITO.ORG NEWSLETTER APRIL 18, 2019 ENDS

================================
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XY: Hotel calls cops on NJ Resident at check-in for not showing passport. And cops misinterpret laws. Unlawful official harassment is escalating.

mytest

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Hi Blog. Let me forward this first and then comment:

//////////////////////////////////////
From: XY
Subject: My experience allowing the cops to be called after refusing to show my passport at a hotel as a foreign resident of Japan
Date: March 22, 2019
To: debito@debito.org

Hello Debito,

If you like, you can publish anything I have written here that feels useful, but please don’t publish my name.

Just now I tried using your website to avoid having my passport scanned at a hotel after it escalated all the way to the police. The short story is:

1. Just don’t do it, it won’t work. It’s not worth it at all.
2. The thing they finally got me with is that the hotel can scan (yes, scan) the driver’s licenses of Japanese citizens as well. I don’t know if this place actually does it but that’s actually a fair argument in my mind.

Since this was clearly a very serious case, three officers showed up, one head guy, one lower ranking guy who watched me while the head guy was on the phone, and one lady who took the report of the lady behind the reception desk before coming to watch over me as well. We went through part of the script for the residence card thing but I decided that that was a fight for another day.

The main officer showed me where it says 日本国内に住所を持たない外国人 in the law (actually the exact text of the law uses 有しない, I copied that from the MHLW website), and then I pointed out the obvious problem with that: I have an address in Japan. He said that the hotel had a right to refuse me if I didn’t identify myself.

I showed him the three reasons that hotels can refuse service. He tried to make an argument that it fell under the “public morals” part of clause 2, but when I pressed him on that even he agreed that it was a stretch. He went and talked on the phone for a while, but not before talking about searching my possessions, which I said was no problem. When he came back, he had written down the name of a certain law, which I’m sorry I don’t remember the name of, but it apparently allows hotels to scan IDs of its customers.

I gave up at that point, and my possessions were never searched. I gave my passport to be scanned and apologized to the police and apologized more profusely to the receptionist.

I have the feeling that if the cops that showed up were less nice, they would have found some reason to take me to the station. So I’m currently feeling very lucky. I won’t roll the dice again.

Thanks for standing up for foreigner’s rights in Japan. I did it because as a white dual citizen exchange student at a prestigious university, I have a higher standing in society than a Filipino migrant worker out in the countryside.

Sincerely, XY
///////////////////////////////

COMMENT: At the risk of appearing like I’m rubbing salt in a wound, it’s a pity that Submitter XY didn’t get the name of the law the cop cited.  Prepare for the next round of counterarguments for NJ Residents to use at check-in.

But the point still stands: When it comes to dealing with hotel check-ins, Japan’s police have been bending the law (if not simply making it up) for well over a decade. As recently reported on Debito.org (moreover reported to me off list by a NJ AirBnB owner friend), they’re also doing it now with AirBnBs allegedly under the new Minpaku Law.  Yet the cop above was, according to XY, clearly making the case that the hotel had the legal right to refuse service someone who didn’t show ID, which is simply not true under the law.  The law:  If you have an address in Japan, you don’t have to show ID, regardless of citizenship.

As Submitter XY would probably argue, the issue is now whether or not you are willing to stare down the police at the risk of being detained. (Under Japan’s system of arbitrary arrest and “hostage justice” brought to light by the Carlos Ghosn Case, no less.) I would. But it’s not for everyone, so be advised from XY’s experience what the stakes may be.

With the 2020 Tokyo Olympics around the corner (and the reflexive fearmongering that Japan’s officialdom reflexively does before they invite foreigners in for a visit), it’s clear Japan’s law enforcement and hosteling industry are amping up the enforcement regardless of the unlawfulness.  They are now on a mission to racially profile all tourists, especially those who “look” like tourists.  And this is how racism becomes further embedded.  Debito Arudou PhD

==============================
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Senaiho Update 2: School Bullying in Yamanashi JHS: How people who file complaints for official harassment get harassed back.

mytest

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Hi Blog. Here’s a second update from “Senaiho”, who has given Debito.org important updates (previous ones here and here) about overzealous enforcers of school rules in Japan’s compulsory education system acting as what Debito.org has long called “the Hair Police“. This phenomenon particularly affects NJ and Japanese of diverse backgrounds, who are forced by officials to dye and/or straighten their naturally “Non-Asian” hair just to attend school.

Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children with diverse physical features targeted for “standing out“) and their families scarred for life.  (As discussed at length in book “Embedded Racism“, pg. 154-5.)  As reported on Debito.org at the beginning of this year, after months of playing by the rules established by the local Board of Education, Senaiho finally lodged a formal criminal complaint against his daughter’s school officials, and it’s smoking out hidden documents.

The update is that The BOE is simply engaging in obfuscation and coverup. After attracting some (domestic) press attention (which didn’t itself cover the racial-discrimination aspect of this happening to a child of international background, for having the wrong natural hair color/texture), the local government has decided (as you can see below) to investigate not the case (to prevent something like this from ever happening again to another student), but rather how not to get sued. Official transcripts are also indicating testimonies grounded in rumor, not fact, without direct input from the victimized family.  And for good measure, we now have the time-worn bureaucratic tactic of smothering claimants with documents to consume all their free time. All while Senaiho is attempting to take this out of local lackluster investigative hands and into criminal court, by filing a criminal complaint.

The interesting news is that according to a recent article in Japan Today (full text after Senaiho’s dispatches) is that forcible hair cutting like this is seen as (generally distasteful) corporal punishment (taibatsu) elsewhere (in conservative Yamaguchi Prefecture of all places, home constituency of PM Abe).  In that case, apologies were forced by the students, top-down pressure put on the teacher to reform, and the teacher being relieved of some of his duties.  Let’s keep an eye on Senaiho’s case, for if his criminal complaint succeeds, it will be a template for others on how to take cases of abusive teachers out of the hands of evasive, “see-no-evil” Boards of Education, and protect diverse children from the cookie-cutter conformity of Japan’s JHSs and SHSs.  Debito Arudou Ph.D.

/////////////////////////////////////////
From: Senaiho
Subject: officials meeting transcripts
Date: March 25, 2019
To: Debito Arudou <debito@debito.org>
Hello Debito,

On the way to the prosecutors office yesterday we picked up a copy of all the documents the city office has concerning us. We made the disclosure request about a month ago. We have gone over most of it and I can report to you and your readers about the contents.

I have to begin by saying that we are only allowed to see documents that relate to us directly, so in the picture I sent, you can see we have the minutes of meetings between elected officials and heads of departments and their staff. Everything that does not relate to us is redacted, however if you hold the copies under a strong light, it is readable. I won t dwell on any of that for now. What I can say without a scientific survey, is that about 90% of the discussion about us in these meetings discussed how to avoid being sued. There was never anything discussed about how to make things right, or how to do anything properly, it was all a discussion on how to avoid, confuse, delay, and obfuscate. There was a small discussion on who might be personally responsible if a suit occurred, and the impression I got was they were all out to minimize their own personal responsibility by shifting the blame to some other department or person other than themselves. There was some discussion on the effect of the mass media, again trying to strategize a way to make themselves look better in some light. The remainder of the discussion was about a rumor some official had heard from someone in our neighborhood that we requested the teacher to cut our daughter’s hair and that we were in fact glad that they cut it. How ludicrous! We now know who the source of this non fact is.

Since some of these comments were made by elected officials, we have the right to demand clarification from these officials on the exact meaning of some of their statements which we will soon do.

So anyone who has ever wondered what these well paid officials do with some of their employed hours, now you know. Senaiho

/////////////////////////////////////////
From: Senaiho
Subject: council meeting transcripts
Date: March 27, 2019
To: Debito Arudou <debito@debito.org>

Hello Debito,
We got another major data dump from the city office yesterday and are trying to sort through that now so have several balls to juggle. I think this might be a little difficult for your readers to grasp, so I will try to explain what these meeting transcripts are about and the issues we have with it.

1. There is an elected official on the town council by the name of Takei Toshihisa, you can find his name in the documents. He states several times in meetings that he has heard a “rumor” that he keeps repeating that my wife gave permission to the teacher and in fact asked her to cut our daughters hair. This is an outright lie. At first they tried the narrative that my daughter gave permission to the teacher to cut her hair, but now they are trying to make my wife the trouble maker by supposedly asking the teacher to cut our daughters hair. This is the tactic of shifting the blame from the perpetrator, i.e. the teacher and trying to place the focus of the cause of the trouble onto the victims, or in other words blame the victim for the accident. This was the strategy from the beginning by the B. of E. and the town council member is just following that line.

2. This town council member also tries to change the language of the incident and insists on downgrading the title of it from a “school accident” to something less serious, like “school incident”. By doing this he thinks it will lessen the seriousness and their liability in case they are sued. Just calling something by what it is not, will make it go away or lessen the impact of it. Here he shows that he has no understanding of what his job is as a member of the town council. Their job is oversight of the functions of the city government. When the B. of E. was not doing their jobs and following the law we petitioned the town council to oversee them and make them do it. You can see by these transcripts they are in fact not doing it.

3. Its not in these transcripts, but another member of the town council who happens to support our cause told us that she heard from this Takei san regarding us as people; “These people are a problem.” I suppose he has some deep seated hatred of mixed marriages and their offspring residing in “his” town. We plan on filing a complaint petition about what he says and the job he is doing which is our right as a citizen. I hope more people will do the same in their area.

If our case is taken up by the prosecutor it will be because of the fact that we have mountains of evidence showing what we claim. As you may know most cases get dismissed because of a lack of evidence. We started collecting it from the day we suspected our daughter was being bullied. We have recordings, pictures, statements from witnesses, documents, many bytes of stuff all on google drive. Without it we would be nowhere today. I cant stress this enough. Senaiho
/////////////////////////////////////////

Japan Today article:

High school teacher in hot water after forcibly giving male student a buzz cut
Apr. 4, 2019, courtesy of JDG
By Koh Ruide, SoraNews24 TOKYO
https://japantoday.com/category/national/high-school-teacher-in-hot-water-after-forcibly-giving-male-student-a-buzz-cut#comments

Not too long ago, teachers from a Japanese school made media headlines when they went to the extreme of cutting off 44 students’ hair for not meeting the dress code. And it appears a similar incident has happened again, this time in Kudamatsu Technical High School in Yamaguchi Prefecture.

In late autumn last year, a male teacher in his forties allegedly grabbed an electric hair clipper and gave one of his first-year male students a buzz cut, causing the boy take a leave of absence from school shortly after.

When approached by the principal in December, the teacher claimed he did it because his hair was too long.

But it seemed the problem ran deeper, as the educator had often hurled verbal abuse at his homeroom class, calling them “morons”, “idiots” and “stupid”, earning him a stern reprimand from the principal. When classes resumed in January after the New Year holidays, the teacher’s personality had apparently changed for the better, an improvement the principal thought not important to warrant reporting to the local Board of Education.

But all 40 pupils of that class and their parents had not forgotten that the educator forcibly cut someone’s hair, and furiously launched a petition to the board in February this year calling for his disciplinary dismissal.

In an effort to appease them, a meeting between school, Board of Education, students and parents was held on March 15, where the teacher officially apologized for his mistakes.

“Forcibly cutting students’ hair amounts to corporal punishment,” a board spokesman said firmly.

The educator’s role has now been shifted from homeroom teacher to assistant teacher, away from tasks that involve student-teacher interactions. “The current situation is still under investigation, and we will consider the feelings of the parents and students with regards to the teacher’s future,” said the principal.

“I deeply regret that it has come to this. I failed to report to the Board of Education because I thought the issue was solved with the teacher correcting his behavior, but I should have done so,” the principal apologized.

Source: Nikkan Sports via My Game News Flash

ENDS
/////////////////////////////////////////

Nikkan Sports original article, courtesy of AnonymousOG:

教諭が生徒の髪を丸刈り 保護者らが懲戒免職を嘆願
[2019年3月25日 日刊スポーツ]
https://www.nikkansports.com/general/nikkan/news/201903250000810.html

山口県立下松工業高の40代の男性教諭が昨年秋、担任するクラスの1年生の男子生徒の髪が長いからとバリカンで頭を丸刈りにした上、「病院に行け」などと乱暴な言動をしたことに端を発し、クラスの生徒40人全員と保護者が2月、同県教育委員会に同教諭を懲戒免職にするよう嘆願書を出していたことが25日、分かった。同校は嘆願書を提出されるまで、教育委員会に事態を報告していなかった。

男性教諭は18年秋、当該男子生徒の頭をバリカンで丸刈りにした上「病院に行け」などと言い、その後、生徒は同12月に学校を休んだという。高橋等校長(57)は、日刊スポーツの取材に「バリカンで生徒の髪を切ったのは事実。教諭からも『髪が長いから切りました』と報告があった」と認めた。その上で「生徒が休んだ理由の1つに(バリカンで髪を切ったことが)あるかもしれない」と語った。

県教委の関係者も、嘆願書が提出された事実を認めた上で「一般論として、了承を得ずに髪を無理矢理切ったなら体罰」と言及した。それを受け、高橋校長は「なぜ切ったかは現状はっきりしておらず、県教委が生徒にヒアリングを行っています」と、当該教諭が生徒の了承を得て髪を切ったか否かは調査中だとした。

当該教諭には、以前から生徒に「ボケ」「アホ」「バカ」などと乱暴な言動を浴びせるという情報が学校に寄せられていたという。そのため、高橋校長は18年12月に当該教諭に対し「事実か分からないが、もし子どもたちにそういうことを言っているなら改めなければならない。(クラス)全体がいる中で『病院に行け』などという言葉はいけない」などと指導したという。

その後、今年1月に入り、同教諭の生徒指導が「人が変わったくらい」(同校長)改善されたように見えたため、教育委員会へ一連の事態について報告しなかったが、2月に嘆願書が出された。学校側は15日に教育委員会同席の上で生徒、保護者と分けて説明会を行い、教諭は謝罪したという。高橋校長は「子どもたちにとって12月までの言動、考えが変わったのだろうか? と疑問があったのでは」と説明した。

同教諭は嘆願書の提出後に担任を外れ、生徒に関わらない業務をしており、ホームルームなどは副担任が対応しているという。高橋校長は、同教諭を来年度、担任から外すことを検討していることを明かし「今の状況だと難しいと判断している。生徒、保護者の気持ちを踏まえて配慮する」と説明した。

その上で「学校が、こういう状況になっていること自体、大変申し訳ない。私が見て(教諭の生徒指導が)変わったと思い、県教委に報告しなかったが、昨年12月の段階で報告すべきだった」と謝罪した。
ENDS

==================================
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Record 2.73 million NJ residents in Japan in 2018; media also shoehorns in mention of NJ crime, without mention of NJ contributions

mytest

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Hi Blog.  After a dip a few years ago, the population of NJ continues to rise, now reaching a new record, according to the Mainichi and the Yomiuri below.

This will probably continue, since, as I have noted in previous writings (see #1 here too), the Japanese Government is actively seeking to bring in NJ to fill perpetual labor shortages.  But as noted, it won’t be treated as an “immigration policy”, meaning these people won’t be officially encouraged to stay.  Nor will they be treated with the respect they deserve (as usual) for their valuable contributions to society.  As submitter JK notes, “Of course these reports aren’t complete without the obligatory linkage between ‘foreign’ and ‘crime’ (i.e. illegal overstayers).”  (The Yomiuri, true to form, puts that information in the very second sentence!)

When will the GOJ decide to give us some stats on how much NJ, as workers, contribute to the bottom line by keeping companies staffed and in business?  Or by paying taxes?  Other countries manage to come up with these kinds of figures, so why can’t Japan?  Well, because that would encourage regular folk to have justifications for seeing NJ as human beings, and wanting them to stay for reasons beyond facile curiosity/exploitation.  Can’t have that, can we.  Debito Arudou PhD.

///////////////////////////////////////////////////

Record 2.73 mil. foreign residents living in Japan in 2018
March 22, 2019 (Mainichi Japan), Courtesy of JK
http://mainichi.jp/english/articles/20190322/p2g/00m/0dm/087000c

TOKYO (Kyodo) — A record 2,731,093 foreigners were registered living in Japan at the end of 2018, up 6.6 percent from a year earlier, bolstered by a rising number of students and technical trainees, the Justice Ministry said Friday.

The government is expecting a further rise in foreign residents under a new visa system to be implemented next month with the aim of attracting more foreign workers amid a severe shortage of labor in the country.

Among registered residents, technical trainees numbered 328,360 or a jump by 19.7 percent from a year before, and foreign students stood at 337,000, up by 8.2 percent.

Based on nationality, Chinese made up the largest group with 764,720, followed by South Koreans at 449,634. Vietnam, which sends the most technical trainees to Japan, ranked third with 330,835 residents, up 26.1 percent.

The number of foreigners illegally staying in the country rose by 11.5 percent to 74,167 as of Jan. 1, the ministry said.

Of those, the largest group was South Koreans with 12,766, down 0.9 percent from a year earlier.

Vietnamese came second at 11,131, a 64.7 percent jump, followed by Chinese at 10,119.

Those with permanent residency constituted the largest group among registered residents at 771,568, up by 3 percent, although the number of registered Koreans with special permanent status decreased by 2.5 percent to 321,416.
ENDS

//////////////////////////////////////////

Foreign residents increase to record 2.73 mil.
March 23, 2019 Jiji Press/Yomiuri Shinbun, Courtesy of JK
http://the-japan-news.com/news/article/0005624612

TOKYO (Jiji Press) — The number of foreign nationals living in Japan as of the end of 2018 grew 6.6 percent from the year before to a record 2,731,093, rising for the sixth consecutive year, the Justice Ministry said Friday.

The number of illegal residents as of Jan. 1 this year jumped 11.5 percent to 74,167, up for the fifth straight year, the ministry said.

The increases in both categories chiefly reflected a rise in the number of people coming from Vietnam as technical trainees.

The number of foreign residents is projected to grow further as the government is slated to create new types of resident status next month in order to accept more workers from abroad.

By nationality, Chinese made up the largest group, at 764,720, or nearly 30 percent of the total number of legal foreign residents, including medium- to long-term stayers as well as specially permitted permanent residents.

South Koreans were the second most at 449,634, followed by Vietnamese (330,835), Filipinos (271,289) and Brazilians (201,865).

Vietnamese were the sole foreign nationality that marked double-digit growth, climbing 26.1 percent.

South Koreans topped the list of illegal foreign residents, though their number fell 0.9 percent to 12,766.

Vietnamese followed, surging 64.7 percent to 11,131. They include trainees who fled companies they were working for after finding it difficult to repay debts taken on to pay fees to malicious trainee-dispatch organizations at home, the ministry said.
ENDS

/////////////////////////////////////////

PS:  JK also sends further word about where many of these dreaded “foreign overstayers” might be coming from, and it’s not from the original work visa-ed imported labor force:

=============================

JK:  …apparently 東京福祉大学 (Tokyo University of Social Welfare) is practically hemorrhaging foreign overstayers:
Gov’t investigates 700 foreign students AWOL from Tokyo college <http://mainichi.jp/english/articles/20190318/p2g/00m/0dm/050000c>
Univ. campus inspected after 1,400 foreign students go AWOL <http://mainichi.jp/english/articles/20190326/p2g/00m/0dm/058000c>

PPS:  Here’s another reason why NJ workers go AWOV:

Probe reveals 759 cases of suspected abuse and 171 deaths of foreign trainees in Japan
BY MAGDALENA OSUMI, STAFF WRITER, THE JAPAN TIMES. MAR 29, 2019

A recent probe into Japanese firms using the state-sponsored Technical Intern Training Program to deal with acute labor shortages has revealed 759 cases of suspected abuse, including unpaid wages, the Justice Ministry said Friday.

The findings confirm growing concerns about the link between the interns’ working conditions and their disappearances from work. Last year, the number of missing foreign trainees rose to 9,052, compared with 7,089 the previous year. As of December, 328,360 foreign people were registered as technical interns.

The results of the probe showed that 231 interns weren’t paid overtime wages and another 58 were being paid below the legal minimum. One intern was paid only ¥60,000 per month during a 7-month stint and received an hourly payment of ¥700 for an average of 60 hours of overtime per month.

The ministry also found that 171 interns died while in the program between 2012 and 2017, the officials said. There were some 150,000 foreign trainees in 2012 and about 270,000 in 2017…

Rest at https://www.japantimes.co.jp/news/2019/03/29/national/probe-reveals-759-cases-suspected-abuse-foreign-trainees-japan-171-deaths/
=========================
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Fox on getting interrogated at Sumitomo Prestia Bank in Kobe. Thanks to new FSA regulations that encourage even more racial profiling.

mytest

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Hi Blog.  My old friend Fox in Japan writes in with a tale of being, as he puts it, “interrogated” at the bank for trying to send $500 overseas while foreign.  And if you think the claim “while foreign” is a bit of an exaggeration, Debito.org has numerous records of racial profiling by Japanese banks for sending or receiving funds (or exchanging money) of even minuscule amounts (such as 500 yen).

New regulations, however, require a “risk-based approach” (which is, according to the Nikkei, recommended but not required), meaning the scale of “risk” depends on how much money the sender/receiver has in that bank.  Or as the Nikkei puts it, “Consider a customer with a direct payroll deposit of 300,000 yen ($2,660) a month who receives 200 million yen from an overseas bank. The government would require that the bank not only follow up confirming the identity of the person withdrawing the funds, but also check the deposit history and what the cash will be used for.”  Meaning that this is no longer a matter of transfer amount — i.e., a large transfer of 5,000,000 yen (later 2,000,000 yen) used to raise flags while smaller transfers didn’t.  (Japan’s FSA Guidelines of 2018 mention no money amount whatsoever.)

The problem now becomes, without an objective minimum transfer amount to be flagged, that any “foreigner” can be arbitrarily deemed “risky” at any time simply by dint.  It encourages racial profiling even further, in addition to what you already have at Japan’s hotels and other public accommodation, police instant ID checkpoints, and tax agencies.  (See here too).  More Embedded Racism.  Debito Arudou Ph.D.

////////////////////////////////

Interrogation at the Bank
By Fox in Japan, March 14, 2019

Dropped into Sumitomo Prestia in Kobe to send a telegraphic transfer to a friend in Africa. Completed the form two days ago, but the IBAN number was incorrect. Brought the corrected form in today. Under the category of “purpose,” I have written in “education fees.” The amount is $500. The following dialogue ensued. We are speaking in Japanese.

T= teller
M=me

T: So this if for “gakuhi” (tuition)?
M: Yes.
T: And who is the person receiving the transfer?
M: A friend.
T: Is this money for your own child’s education expenses?
M: No.
T: Who is it for?
M: My friend’s child.

The bank teller’s face becomes pained. This the stereotypical expression indicating that a request will be rejected. My blood slowly starts to boil.

T: Have you ever sent money to this person before?
M: Yes, during the days of Citibank.

(Note: Prestia took over Citibank some years ago).

T: Well, things have changed since then.

M: Is that right?

T: Hmm, so you are not sending this for your own child?
M: No.

T: Well, what is your relationship with this person.
M: He is a friend.

(More pained looks)

T: So, you are sending this to someone you know?

M: Yes, that’s what I just told you.

T: Is this a gift?
M: It might be.

T: Well, is it, or is it not?

M: What is the purpose of the question?

T: We have strict rules now about money being sent overseas.

M: Look, this is only $500, not five hundred man ($45,000). Listen. (My voice rises to crescendo, and the bank is extraordinarily quiet.) I was in your Osaka branch two days ago and they did not ask me any of these questions.

T: They didn’t?

M: No. I am not going to answer any more questions. Please call the branch manager!

A woman who has overheard this heated exchange conversation sneaks out of the office and the two begin to chat.

T: Please be seated.

The women exchange words and the original teller is on the phone.

Some ten minutes later, I am called back to the counter.

T: We just phoned the Osaka branch and they admit that they did not question the purpose of the transaction.

M: Is that right? (Ah soo desu ka)

T: The branch in Osaka said that you looked up some information on your computer when at the counter.

M: Uh-huh.

T: Well, we have very stringent rules now. If it is not for your own child, then….do you have an invoice “seikyusho” for the school expenses?

M: I certainly do not.

T: For your own children, sending money is OK, but for other’s children, it is …

M: Should I change the purpose to “living expenses then?”

(Note- I have frequently sent money overseas for this purpose-without any hassle.)

The teller looks bewildered.

T: Is it for living expenses, you said it was for educational expenses.

M: Yeah, that’s right.
~~~~~~~~~~~~~~~~~~~

In the end I succeeded and the money was sent.

I looked around at other customers in the bank, all Japanese, all of whom look very sunao. I wonder how they would react to the teller’s questions? Would they just say “shigata ga nai,” and walk away? And then forget that a bright young promising social science student in Malawi will soon be tossed out of college?

On the other hand, who knows if Japanese countrymen are even being interrogated like this? Has a directive been issued to hassle foreigners-all of whom are likely prone to money laundering?

But in fact, harassment it is. Financial transactions, both local and international, are regulated by strict laws. Not policies, but laws. My transaction was completed, and this means that it was perfectly legal. Apparently, Prestia has a policy of harassing customers (certainly foreign customers) who wish to send even even low amounts of money overseas.

Are all foreign clients of the bank potential money launderers? I urge all good people to stand up and question authority.  

Sincerely, Fox in Japan

////////////////////////////////////////

The referenced Nikkei articles, for the record:

BANKING & FINANCE
Japan to strengthen money-laundering guidelines
Banks adopting a risk-based approach to flag suspicious actions
NIKKEI ASIAN REVIEW, DECEMBER 08, 2017
https://asia.nikkei.com/Business/Banking-Finance/Japan-to-strengthen-money-laundering-guidelines

TOKYO — Japan will issue new guidelines against money laundering in an effort to prevent funds from getting into the hands of terrorist and criminal organizations and to shake its reputation as weak on dirty money.

The Financial Services Agency is expected to announce the rules soon and implement them as early as January. Currently, Japan’s law preventing the transfer of criminal proceeds only says that suspicious transactions should be reported to authorities after the fact. Risk-based approaches are recommended but not required.

But the agency will now demand that financial institutions use a risk-based approach. Consider a customer with a direct payroll deposit of 300,000 yen ($2,660) a month who receives 200 million yen from an overseas bank. The government would require that the bank not only follow up confirming the identity of the person withdrawing the funds, but also check the deposit history and what the cash will be used for.

Although it is difficult to tell whether an account is related to criminal activity when first opened, this proactive approach identifies high-risk transactions early so that they can be continuously monitored.

The agency will verify that financial institutions are following the guidelines through questioning and on-site inspections. It will also order operational improvements to be made if it catches lax compliance that could invite money laundering.

The Financial Action Task Force, an intergovernmental body that combats money laundering, plans to examine Japan’s financial sector in 2019, the year before the Tokyo Olympics. Public and private institutions are cooperating to strengthen their prevention systems.
ENDS

////////////////////////////////////
ECONOMY
Japan’s FSA beefs up anti-money laundering measures
Financial regulator highlights steps taken ahead of visit by international watchdog
TAKERO MINAMI, Nikkei staff writer
NIKKEI ASIAN REVIEW, SEPTEMBER 28, 2018
https://asia.nikkei.com/Economy/Japan-s-FSA-beefs-up-anti-money-laundering-measures

TOKYO — The Financial Services Agency has made anti-money laundering measures a top priority in its annual policy report as it braces for inspections by an intergovernmental watchdog next spring.

The latest guidelines, which outline steps the regulator is taking over the next 12 months, highlight measures against money laundering and terrorism funding, including on-site inspections of financial institutions.

The Financial Action Task Force has previously criticized Japan for insufficient legal safeguards against money laundering. The government hopes to clean up its tarnished image, particularly as it will host the Group of 20 summit next year.

Financial authorities around the world are taking steps to prevent countries under United Nations sanctions, such as North Korea, from conducting prohibited transactions. Japan wants to avoid becoming a target for international criticism again.

The report urges financial institutions to take steps to halt money laundering, requiring them to identify and analyze the risks associated with certain types of transactions, such as the stated purpose of cross-border cash transfers, customer attributes and countries of origin or destination.

In February, the FSA issued anti-money laundering guidelines and directed smaller financial institutions such as regional banks and shinkin banks to conduct emergency inspections. To close the loopholes on overseas remittances, the policy requires institutions to come up with plans to train staff.

“Our inspections have shown that many financial institutions still fall short of requirements,” said an FSA official. “Stopgap measures will not be enough, and regional banks should put anti-money laundering measures at the top of their agenda,” said another senior FSA official.

Japan is not the only country to have run into problems over money laundering. Danske Bank, Denmark’s largest bank, faces allegations that its Estonian unit illegally remitted as much as $230 billion, forcing CEO Thomas Borgen to resign.
ENDS

=======================================
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“Gaikokujin Appetizer Charge” in Osaka Dotonbori restaurant? Debito.org investigates.

mytest

Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. Debito.org Reader XY sends the following message:

/////////////////////////////////////////////
From: XY
Subject: Racist Izakaya Bill?
Date: January 6, 2019
To: debito@debito.org

Hello Debito,

Happy New Year and thank you so much for all that you do for our community here in Japan.

A friend of mine found this on a message board:

I haven’t been able to do a proper identification of authorship and all that comes with that. I understand proper evaluation of sources is, more than ever, really important. However, I don’t have that.

Anyway, I have the bill (if it hasn’t been doctored), and the post from the message board.

My Japanese is nowhere near good enough to do the proper investigation of this. But I know that this sort of thing would be big news, (if we weren’t living in Japan).

Please have a look if you get a chance. You are pretty much my last resort here as I don’t have the skills to properly investigate. We passed it through the usual channels, JET boards, etc. People are pretty conflicted. I think the restaurant should get a chance to respond. Maybe this type of thing is probably normalized anyway and maybe I am just overreacting. It’s interesting to me that this was a systemic choice, not the work of a single employee (often the case in the States).

Sincerely, XY
/////////////////////////////////////////////

From: Debito Arudou
Subject: Re: Racist Izakaya Bill?
Date: January 29, 2019
To: XY

Hi XY. Thanks for your email. I finally got around to talking to the Izakaya (06-6646-4888) on January 30, 2019, at around 2PM. The person in charge (a Mr. Tada) said that this was not an addition to the bill for NJ customers. The charge for appetizers there listed is the same for Japanese and NJ. It’s just their way of letting their records know that there was a foreign customer. That’s what he said. Anyway, FYI.

Sincerely, Debito
/////////////////////////////////////////////

From: XY
Subject: Re: Racist Izakaya Bill?
Date: January 30, 2019
To: Debito Arudou

Thank you very much for getting back to me! It’s great that you called to confirm this with them given the weirdness of the whole situation and wording.

At the very least, this puts it on their radar and they will think twice about their “record keeping” practices. A few of my friends were curious about this and I’ll be sure to let them know the result and that you were on the case!

Thanks again so much!!

Sincerely, XY

==============================
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MC on new Minpaku Law and NJ check-ins: Govt. telling AirBnB hostels that “foreign guests” must have passports photocopied etc. Yet not in actual text of the Minpaku Law. Or any law.

mytest

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Hi Blog.  It seems the GOJ is up to its old tricks:  Reinterpreting the law to pick on “foreigners” again.  This was seen previously on Debito.org to encourage racial profiling at hotel check-ins, and now with the new Minpaku Law affecting AirBnB-style private homes opened for public accommodation (minshuku), it’s more of the same.  Read on from Debito.org Reader MC:

/////////////////////////////////////////////

From: MC
Subject: An experience with the new minpaku law that might interest your readers
Date: February 11, 2019
To: debito@debito.org

Hi Debito,

This might interest you and your readers. Feel free to post it if you think it might be appropriate. Sorry for the length, but it’s a bit of a complicated story.

I had an experience recently that raises a new aspect of the recurrent hotel registration problems that some people have. I have to admit I’ve rarely had problems at Japanese hotels, and on the few occasions I’ve been asked for ID, my polite refusal (aided by Debito’s very useful legal information -thanks Debito) has always been accepted. However the recent experience was a little different.

I was catching an early flight from Kansai, too early for the trains from home, so I decided to stay the previous night at a minpaku close to the airport, PLUS 9 Station Inn in Izumi Otsu, booked through booking dot com. They emailed information before check-in, among which they said “This is a staff-less guest house. You have to get your key at the accommodation and check in yourself.” No problem. The instructions for getting the key were clear. A later email, though, told me that there was an ipad in reception, and could we please scan and send copies of our passports, or in the case of Japanese people, driving licences (no mention of resident foreigners). Obviously realising that not everyone carries a driving licence, they asked for people without photo ID to photograph themselves on the iPad and upload the photo.

It was close to our departure day, and not having time to argue and possibly be asked to find somewhere else, I decided to simply ignore this. Arriving there, we retrieved the key from the key box, and stay went fine, with no contact from the company to ask why we hadn’t checked in through the iPad.

Afterwards I wrote to them with an explanation of the problematic nature of their system in regards to Non-Japanese customers. I also put a similar comment on their booking dot com page. First, they had no right to ask for photographs of anyone, resident or not, Japanese or not. The idea of requiring guests to upload a scan of a driving licence or passport, or even just a face shot, is just asking for identity theft, and is certainly illegal.

I explained the law on this as follows:  The Japan Hotel Laws are quite clear on this: If the guest is NOT a resident of Japan you DO have the right to ask for a passport number (not a copy of the passport). But if the guest IS a resident of Japan, on the other hand, whatever the nationality, they have no responsibility to provide any kind of copy of an official document or any photograph. It’s a gross invasion of privacy.”

They replied, saying that the new Minpaku Law of 2018 allowed for online check-in, and required photographic ID. The former is true, but I didn’t think the latter was. However, I checked out the wording at the Minpaku system portal on the MLIT (Ministry of Land, Infrastructure, Transport and Tourism) site, and it looks to me as though there is some cause for worry.

I’m not sure whether these pages quote the actual law, or whether they are simply guidance for owners regarding the effects of the law.  The main MLIT portal site is here: http://www.mlit.go.jp/kankocho/minpaku/business/host/responsibility01.html
(The page links to an English translation, but only of part of this section.)

[Ed:  For the record, the MLIT portal page is a reinterpretation of the legal writ in plain language.  For example, one of the main subject headers from MLIT is(1)本人確認の方法, or “Method for Confirming Identity”. Yet nowhere in the actual text of the law did I find the word “本人確認”.  To check for yourself, here’s the actual text of the Minpaku Law in Japanese, word-searchable here online and here as a .txt file.]

Section 4 of the MLIT reinterpreted version deals with the requirement on minpaku owners to keep a register and to be able to provide it to the police on request. There’s no ambiguity in the first paragraph. Owners have to keep a record of the name, address, occupation and dates of stay for all guests. If the guests do not have a Japanese address, the owner also needs to record the nationality and passport number. All good so far.

Part (1) of this section, though, is a bit more worrying. First (A and B) it says that a photograph of the guest’s face or passport should be clearly confirmed to be accurate, and that this photograph should be identifiable as having been taken at or close to the premises. It suggests that a video phone or tablet in the minshuku could be used for this. There’s no mention here of Japan residency. Or of what sort of ID would be suitable for ALL guests (not just foreign guests), since not all guests carry passports.

上記の措置は、対面又は対面と同等の手段として以下のいずれも満たすICT(情報通信技術)を活用した方法等により行われる必要があります。
A 宿泊者の顔及び旅券が画像により鮮明に確認できること。
B 当該画像が住宅宿泊事業者や住宅宿泊管理業者の営業所等、届出住宅内又は届出住宅の近傍から発信されていることが確認できること。

Then (Part (1), 2) is where it seems to require, or at least suggest, photographing the passports of non-resident foreigners. (Here it does specifically mention residence.) It even suggests that this photograph can be submitted as an alternative to filling in the guest register columns relating to nationality and passport number. (Part (1), 3) says that in cases where the guest refuses to provide a copy of their passport, they should be told that this is a government requirement, and if they still refuse it is possible that they do not have the passport on them, and therefore the police should be informed. 

住宅宿泊事業者等は以下の内容に従って本人確認を行う必要があります。
1 宿泊者に対し、宿泊者名簿への正確な記載を働きかけること。
2 日本国内に住所を有しない外国人宿泊者に関しては、宿泊者名簿の国籍及び旅券番号欄への記載を徹底し、旅券の呈示を求めるとともに、旅券の写しを宿泊者名簿とともに保存すること。なお、旅券の写しの保存により、当該宿泊者に関する宿泊者名簿の氏名、国籍及び旅券番号の欄への記載を代替することもできます。
3 営業者の求めにも関わらず、当該宿泊者が旅券の呈示を拒否する場合は、当該措置が国の指導によるものであることを説明して呈示を求め、さらに拒否する場合には、当該宿泊者は旅券不携帯の可能性があるものとして、最寄りの警察署に連絡する等適切な対応を行うこと。

[Ed:  Which means that if a NJ resident of Japan (who is not required to carry a passport; that’s why Gaijin Cards exist) shows up without a passport, under these directives he’s likely to have the cops called on him by careless or overzealous clerks.  And as the Carlos Ghosn Case shows quite plainly, you do not want to be detained for questioning by the Japanese police.

[Moreover, after doing a word search of the actual text of the law, I CANNOT find the word 本人確認, or the words passport パスポート/旅券 or even photo/image 写真/画像.  What section of the Minpaku Law (or of any law — the Japanese police have lied about the nonexistent photocopying requirement before) is the MLIT-reinterpreted version referring to?]

MLIT’s official English translation of the law is:

Private lodging business operators need to verify identity according to the following contents:
1. Keep an accurate record of guests on the guest list.
2. For foreign guests who do not have an address in Japan, accurately record the name, nationality and passport number in the appropriate column for each guest, request that each guest present their passport and save copies of each passport together with the guest list. By saving a copy of the passport, you can accurately record the name, nationality and passport number on the guest list.
3. If a foreign guest who does not have an address in Japan refuses to present their passport despite the request of the private lodging business operator, explain that the measures are based on national government regulations. If the guest continues to refuse, and there is the possibility that the guest is not carrying a passport, take the appropriate action such as contacting the nearest police station.

More worryingly, there is a link from this page to a model of a guest register. It’s here: http://www.mlit.go.jp/kankocho/minpaku/business/system/regular_report.html

The model has a list of categories that need to be filled in: name, date etc. The last two are ‘nationality’ and ‘passport number’. Under ‘passport number’, it clearly says “If the nationality is other than Japanese, passport number must be entered.” There’s nothing, though to say a) that Japanese nationality does not need to be recorded, and b) that neither does nationality for foreigners with Japanese addresses.

[Ed:  As MC notes, this is misleading. In the opening part of Section 4 of the MLIT-reinterpreted version, it says, as is proper, that “lodgers that are foreigners without addresses in Japan need to give nationality and passport number”: 宿泊者が国内に住所を有しない外国人であるときは、その国籍及び旅券番号.  So why is this not continuously pointed out in this section?  Again, as before, this encourages racial profiling of all guests who look “foreign”.]

So there are several inconsistencies here. On the one hand the guidance (if that’s what it is) confirms the requirement of the hotel law to date, namely that passport numbers (not copies) are required from non-resident foreigners, and only from them. On the other hand since they clearly want to allow for places to operate without any check-in staff, the distinction between providing a passport number and providing a copy of the passport, and the distinction between resident and non-resident gets blurred, and it’s easy to see how owners trying to keep up with this legislation will not be too conscientious about it.

I haven’t yet replied to the minshuku about this. I’d appreciate any advice, or any information anyone has about the new law, that I might have missed or misinterpreted.

Sincerely, MC

////////////////////////////////////////////////////////////////

COMMENT:  Interestingly enough, and on the plus side, there’s a special section in the Minpaku Law that specifically says that minpaku accommodations must aim for the comfort and convenience of “foreign tourists”.  Clearly, none of these damned refusals of NJ reservations on the grounds of “we only have futons, not Western-style beds” or “we don’t speak any foreign languages” (as has happened to me on various occasions, even when I’m speaking Japanese).

外国人観光旅客である宿泊者の快適性及び利便性の確保

第七条 住宅宿泊事業者は、外国人観光旅客である宿泊者に対し、届出住宅の設備の使用方法に関する外国語を用いた案内、移動のための交通手段に関する外国語を用いた情報提供その他の外国人観光旅客である宿泊者の快適性及び利便性の確保を図るために必要な措置であって国土交通省令で定める者を講じなければならない。

Now, on the MLIT plain-language site, this is reinterpreted more clearly as follows:

住宅宿泊事業者は、外国人観光旅客である宿泊者の快適性及び利便性の確保を図るために必要な措置として、以下のことを宿泊者に対して講じる必要があります。
(1)外国語を用いて、届出住宅の設備の使用方法に関する案内をすること
(2)外国語を用いて、移動のための交通手段に関する情報を提供すること
(3)外国語を用いて、火災、地震その他の災害が発生した場合における通報連絡先に関する案内をすること
(4)外国人観光旅客である宿泊者の快適性及び利便性の確保を図るために必要な措置

Boldface added to item (3) because it includes information from a different clause (such as the one just before it on disaster information):

第六条 住宅宿泊事業者は、届出住宅について、非常用照明器具の設置、避難経路の表示その他の火災その他の災害が発生した場合における宿泊者の安全の確保を図るために必要な措置であって国土交通省令で定めるものを講じなければならない。

which says nothing about rendering it in a foreign language.  Commonsensibly, this would be nice to do.  But portraying translation as something required by law is another stretch.

So this seems to be a freewheeling interpretation of the law being made by MLIT (as keeps happening by Japanese officialdom, particularly the Japanese police, over-interpreting the law for their convenience to target foreigners).  Again, I’m not sure where MLIT is getting the bit about passport numbers (and by extension and hotel interpretation, passport copies and mugshots).

But where is this going?  Towards more rigmarole, policing, and official harassment of NJ-resident customers who just want to get a berth for the night.  And I have been hearing (thanks SC) of other Japan-lifers now finding it harder to check-in while foreign.

Bottom line:  The new Minpaku Law hasn’t fundamentally changed anything in regards to NJ resident customers.  You are still not required to show ID, passport, or photo if you have an address in Japan.  Debito Arudou Ph.D.

============================

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NYT: Hair policing soon to be treated as “racial discrimination” by NYC Commission of Human Rights. Compare with JHS & HS Hair Police in Japan.

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Hi Blog. Related to our recent posts by Senaiho about the unchecked bullying power of the self-appointed “Hair Police” in Japan’s secondary education system, here’s how a progressive system deals with it, particularly when it comes to hairstyles in the professional world. New York City’s Human Rights Commission will soon be enforcing guidelines dealing with racial discrimination when it comes to how people choose to wear their hair professionally. And these penalties have real teeth: The NYC HRC can levy fines on companies of up to a quarter-mil, plus damages in court afterwards!

This is, of course, absolutely unimaginable in Japan, where their state-sponsored “Bureau of Human Rights” (Jinken Yougobu) is but a Potemkin system (with no ability to levy penalties, and arbitrary guidelines for launching investigations) that only exists to deflect criticism from overseas that Japan isn’t respecting treaty obligations towards human rights. Consequently people of diversity are forced into an absolutist narrative where “looking Japanese” is not only quantifiable as a standard (e.g., hair must be straight and black), but also enforceable under normalized racial profiling by the Japanese police (which has detained people for “looking foreign” while Japanese). This is why “Embedded Racism” remains so unchecked in Japan.

Read on for how NYC HRC is doing it, and consider this as a template. Debito Arudou, Ph.D.

////////////////////////////////////

New York City to Ban Discrimination Based on Hair
New guidelines out this week give legal recourse to individuals who have been harassed, punished or fired because of the style of their hair.
By Stacey Stowe
The New York Times, Feb. 18, 2019
https://www.nytimes.com/2019/02/18/style/hair-discrimination-new-york-city.html

PHOTO CAPTION: The New York City’s human rights commission specifically asserts the right of people to have “natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.”

Under new guidelines to be released this week by the New York City Commission on Human Rights, the targeting of people based on their hair or hairstyle, at work, school or in public spaces, will now be considered racial discrimination.

The change in law applies to anyone in New York City but is aimed at remedying the disparate treatment of black people; the guidelines specifically mention the right of New Yorkers to maintain their “natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.”

In practice, the guidelines give legal recourse to individuals who have been harassed, threatened, punished, demoted or fired because of the texture or style of their hair. The city commission can levy penalties up to $250,000 on defendants that are found in violation of the guidelines and there is no cap on damages. The commission can also force internal policy changes and rehirings at offending institutions.

The move was prompted in part by investigations after complaints from workers at two Bronx businesses — a medical facility in Morris Park and a nonprofit in Morrisania — as well as workers at an Upper East Side hair salon and a restaurant in the Howard Beach section of Queens. (The new guidelines do not interfere with health and safety reasons for wearing hair up or in a net, as long as the rules apply to everyone.)

The guidelines, obtained by The New York Times before their public release, are believed to be the first of their kind in the country. They are based on the argument that hair is inherent to one’s race (and can be closely associated with “racial, ethnic, or cultural identities”) and is therefore protected under the city’s human rights laws, which outlaw discrimination on the basis of race, gender, national origin, religion and other protected classes.

To date, there is no legal precedent in federal court for the protection of hair. Indeed, last spring the United States Supreme Court refused an NAACP Legal Defense and Educational Fund request to review a case in which a black woman, Chastity Jones, had her job offer rescinded in 2010 at an Alabama insurance company after she refused to cut off her dreadlocks.

But New York City’s human rights commission is one of the most progressive in the nation; it recognizes many more areas of discrimination than federal law, including in employment, housing, pregnancy and marital status. Its legal enforcement bureau can conduct investigations, and has the ability to subpoena witnesses and prosecute violations.

“There’s nothing keeping us from calling out these policies prohibiting natural hair or hairstyles most closely associated with black people,” said Carmelyn P. Malalis, the commissioner and chairwoman of the New York City Commission on Human Rights.

“They are based on racist standards of appearance,” Ms. Malalis continued, saying that they perpetuate “racist stereotypes that say black hairstyles are unprofessional or improper.”

In New York, it isn’t difficult to find black women and men who can speak about how their hair has affected their lives in both subtle and substantial ways, ranging from veiled comments from co-workers to ultimatums from bosses to look “more professional” or find another job.

For Avery, 39, who works in Manhattan in court administration and declined to provide her last name for fear of reprisal at work, the answer to how often she fields remarks on her hair in a professional setting is “every day.”

Avery said her supervisor, who is white, encourages her to relax her hair, which she was wearing in shoulder-length chestnut-colored braids. “She’s like, ‘You should do your hair,’ when it is already styled, or she says, ‘straight is better,’” Avery said. She added that the only hair color her supervisor approves of is black.

Georbina DaRosa, who is interning to be a social worker, had her hair in box braids as she ate lunch with a colleague at Shake Shack on East 86th Street on a recent weekend afternoon. Ms. DaRosa said her hair sometimes elicited “microaggressions” from her superiors at work.

“Like, people say, ‘I wouldn’t be able to recognize you because you keep changing your hairstyle,’ that’s typical,” said Ms. DaRosa, 24.

Her lunch partner, Pahola Capellan, who is also black and whose ringlets were bobbed just above her shoulders, said, of her own experience: “It’s very different. There’s no discrimination because my hair is more acceptable.”

A 21-year-old black woman who gave her name only as Enie said she quit her job as a cashier at a Manhattan Wendy’s six months ago when a manager asked her to cut off her 14-inch hair extensions. “I quit because you can’t tell me my hair is too long, but the other females who are other races don’t have to cut their hair,” said Enie, who now works at a hospital.

There has long been a professional toll for those with certain hairstyles. Almost 18 percent of United States soldiers in active duty are black, but it is only in recent years that the military has dropped its prohibitions on hairstyles associated with black culture. The Marines approved braid, twist and “lock” (usually spelled loc) hairstyles in 2015, with some caveats, and the Army lifted its ban on dreadlocks in 2017.

And certain black hairstyles are freighted with history. Wearing an Afro in the 1960s, for instance, was often seen as a political statement instead of a purely aesthetic choice, said Noliwe Rooks, an author and professor at Cornell University whose work explores race and gender. Dr. Rooks said that today, black men who shave designs into their hair as a stylistic choice may be perceived as telegraphing gang membership.

“People read our bodies in ways we don’t always intend,” Dr. Rooks said. “As Zora Neale Hurston said, there is the ‘will to adorn,’ but there is often a backlash against it.”

Chaumtoli Huq, an associate professor of labor and employment law at City University of New York School of Law, said that attitudes will change as black politicians, like Stacey Abrams, who ran for governor of Georgia, and Ayanna Pressley, who represents Massachusetts in Congress, rise in prominence.

“As more high-profile black women like Abrams and Pressley opt for natural hairstyles, twists, braids, we may see a positive cultural shift that would impact how courts view these guidelines that seek to prevent discrimination based on hair,” Ms. Huq said.

Hair discrimination affects people of all ages. In the past several years, there have been a number of cases of black students sent home or punished for their hairstyles. In New Jersey, the state civil rights division and its interscholastic athletic association started separate investigations in December when Andrew Johnson, a black high school student, was told to cut off his dreadlocks or forfeit a wrestling match.

Last August, an 11-year-old student in Terrytown, La., was sent home from school for wearing braids, as was a 6-year-old boy in Florida who wore dreadlocks. In 2017, Mya and Deana Cook, twin sisters in Massachusetts, were forced to serve detentions because officials said their braids violated their school’s grooming policy.

Similar instances in New York City could fall under the human rights commission’s expansive mandate, as do instances of retailers that sell and display racist iconography.

In December, the commission issued a cease-and-desist order to Prada, the Italian luxury fashion house, after the window of its SoHo store was adorned with charms and key chains featuring blackface imagery.

The fashion company instituted training in the city’s human rights law for employees, executives, and independent contractors. It also immediately pulled the line of goods from its United States stores.
ENDS

=============================
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UPDATE: Senaiho on the stacked Board of Education committee investigating his Yamanashi jr. high school Hair Police complaint

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Hi Blog. What follows is an update about Senaiho’s case, i.e., overzealous enforcers of school rules in Japan’s compulsory education system acting as what Debito.org has long called “the Hair Police“. This phenomenon particularly affects NJ and Japanese of diverse backgrounds, who are forced by officials to dye and/or straighten their naturally “Non-Asian” hair just to attend school.

Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children with diverse physical features targeted for “standing out“) and their families scarred for life.  (As discussed at length in book “Embedded Racism“, pg. 154-5.)  As reported on Debito.org last month, after months of playing by the rules established by the local Board of Education, Senaiho finally lodged a formal criminal complaint against his daughter’s school officials, and it’s smoking out hidden documents.  This blog entry is an update to the case, where he has managed to uncover just how stacked the system is against him, and why he was entirely correct to pursue this issue through criminal, not Board of Education, channels.

This is one of the worst-kept secrets about Japan — its underdeveloped civil society generally leaves the government to do everything, and the cosy relations between government officials means a lack of independent investigation and oversight.  Coverup becomes Standard Operating Procedure.  Hence “kusai mono ni futa o suru” (“put a lid on that which stinks” — instead of actually cleaning it up) isn’t a bellyaching grumble — it’s a PROVERB in Japan.

Your kid having trouble in Japanese school?  Keep an eye on this case and learn a few alternative avenues for recourse.  Debito Arudou Ph.D.

/////////////////////////////////////////////

From: Senaiho
Subject: Yamanashi hair police special report
Date: February 10, 2019
To: Debito Arudou <debito@debito.org>

Hello Debito,
Things have developed much sooner than I expected. I am including by attachment my report and a picture of the identities of the special third party investigation committee. As I write this we are communicating with several newspapers and news services regarding it. I wanted to get this to you asap. Please use freely as you see fit. Sincerely, Senaiho

=============================

UPDATE: Japan Hair Police in Yamanashi

The identities of the Special Third Party Investigation Committee are revealed as stacked against us
Special Report for Debito.org by Senaiho, February 10, 2019
Original report at http://www.debito.org/?p=15489

On the evening of 2/9/2019 we received from our Ombudsman the identities of the special investigation committee set up by the Yamanashi city board of education. While we are still looking into the backgrounds of these four people, right off the bat we can make several assumptions. I don’t want to repeat what I have already stated in our previous post here on Debito.org, but I need to go into a little background to make it easier for the reader to follow.

In January of 2018 with the help of our Ombudsman and several others, we circulated a petition, and on March 27, 2018, we along with our lawyer presented to the Yamanashi board of education our petition, along with 1500 or so signatures, asking them to do an internal investigation into the case of our daughter’s bullying and hair cutting by the teachers which caused her to be so traumatized that she dropped out of school for the next two years. Up to this point we had been hoping and tried to go the most civil route possible in order to minimize relationships within our community and the school. We put good faith in the public servants of the board of education to do what was right for us and our daughter and on behalf of other bullied and truant children in our town. The board of education agreed to do an investigation and make the results of it known to us. We left this meeting feeling satisfied that things may work out for the better, and we put our trust in them. How wrong we were.

Here is the name list of the special third party investigation committee hired and set up by the board of education:

I will go down the list and just refer to them as #1, #2, etc. Their names and job titles are all there in open view. Keep in mind, they could have chosen any four people in the country as an impartial third party investigation committee, but they chose these four people:

#1 is a lawyer. It just so happens that this lawyers office is located DIRECTLY in front of our lawyers office. They can wave to each other from their office windows. They know each other professionally and informally, run into each other in the courthouse all the time. Lawyers in Yamanashi are a close knit group and work hard to not step on each others toes. Do you suppose the board of education chose this lawyer to intimidate our lawyer? No wonder our lawyer became so hesitant to assist us after this committee was formed. We since have hired another lawyer.

#2 is the boss at the counseling center where my daughter has spent many, many hours, receiving counseling and treatment and help in dealing with the trauma of her experiences. He is not her personal counselor, but as this person s boss he would have access to very private and personal information given by our daughter in the course of her treatment. He would also have access to any and all reports made by her counselor regarding her case and he would have been in a position to put pressure on my daughter s counselor to decide treatment in one fashion or another.

#3 is the boss at the Eastern Yamanashi area education office. This just happens to be where my wife and daughter spent many hours discussing personal and private information regarding her experiences at school and how to deal with problems there. They also advised us about how to get her back to school and dealing with all matters related to the school. As with #2 is not the person we dealt with directly but would have access to all private information and reports regarding our case along with being able to bring pressure on the lower level person dealing with us.

#4 is listed as a doctor but to be honest we have not been able to find the connection with us directly except he may have been an instructor of our lawyer during her time in law school. Another effort to pressure our lawyer? A personal friend of someone? He does seem to have qualifications in psychology which would make him somewhat qualified to be on this committee but his specialty is ADHD which is not relevant in our daughters case.

So there you have the “impartial” investigation committee set up and chosen by our “trusted” public servants at the Yamanashi city board of education. No wonder they were so hesitant about revealing the identities of this committee.

Senaiho

=============================
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Debito.org’s stance on the Carlos Ghosn Case, at last: A boardroom coup making “thin legal soup” that might shame Japan’s “hostage justice” judicial system into reform

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Hi Blog. Debito.org has been holding back on commenting on the Carlos Ghosn arrest.  A former president of Nissan and Mitsubishi, Ghosn was a hero in many circles for saving the formerly struggling Japanese automakers and making them world players again.  (Disclosure:  I’ve owned a number of Nissans, and found their quality improved over the years.)  So imagine everyone’s surprise (not the least his) when he’s returning from an overseas meeting last November and suddenly gets arrested at Haneda Airport (along with a fellow NJ associate), and thrown in the clink without trace for the standard 48 hours without charge, then a couple of ten-day periods before re-arrest and repeat.

The reason Debito.org has been holding back is because, well, actually, what happened to Ghosn after arrest is not all that surprising from a jurisprudential perspective.  This could happen to anyone regardless of nationality (excepting the general denial of bail for NJ).  And I personally have to admit feeling just a shade of schadenfreude for a filthy-rich one-percenter getting taken down a peg.

Truth is, I wanted to see if he’d get the standard treatment afforded most perps in Japan — a few weeks, months, or even more than a year of disappearing while being put under constant duress until you sign a confession (aka “hostage justice“).  Plus the standard treatment given NJ under arrest — an additional presumption of a lack of human rights for foreigners.  More on all that in my book Embedded Racism, Ch. 6, “A Chinaman’s Chance in Japanese Court”. I did comment on Ghosn for The Japan Times in my annual year-end round-up Just Be Cause column (published version here, “Director’s Cut” here).

Well, Ghosn has gotten the treatment.  Except for the fact he’s been able to communicate with the media in high-profile interviews.  More on that below.  So here’s Debito.org’s long-awaited comment about the Ghosn Case (from that “Director’s Cut”):

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DEBITO.ORG COMMENTS:  The former CEO of Nissan and Mitsubishi motors (but remaining as CEO at Renault), Ghosn was arrested last November and indicted in December for inter alia allegedly underreporting his income for tax purposes. As of this writing, he remains in police custody for the 23-day cycles of interrogations and re-arrests, until he confesses to a crime.

This event has been well-reported elsewhere, so let’s focus on the JBC issues: Ghosn’s arrest shows how far you can fall if you’re foreign. Especially if you’re foreign.

One red flag was that the only two people arrested in this fiasco have been foreign: Ghosn and his associate, Greg Kelly. Kelly is now out on bail due to health concerns. But where are the others doing similar malfeasances? According to Reuters, Kobe Steel underreported income in 2008, 2011, and 2013, and committed data fraud for “nearly five decades.” Same with Toray and Ube Industries, Olympus, Takata, Mitsubishi Materials, Nissan, and Subaru.

Who’s been arrested? Nobody but those two foreigners.

And Japan’s judicial system has a separate track for NJ suspects, including harsher jurisprudence for NJs accused of crimes, lax jurisprudence for NJ victims of crimes, uneven language translation services, general denial of bail for NJ, an extra incarceration system for subsequent visa violations while in jail, and incarceration rates for NJs four times that for citizens. (See my book Embedded Racism, Ch. 6.)

Most indicative of separate and unequal treatment is that some of the accusations, which fall under a statute of limitations of seven years under the Companies Act, are still applicable. Prosecutors have argued that statutes do not apply to Ghosn because he spent time overseas. Apparently even the passage of time is different for foreigners, because the clock stops if they ever leave Japan!

It’s Debito.org’s view that this is a boardroom coup. The Wall Street Journal has reported that Ghosn was planning to oust a rival, Hiroto Saikawa, who has since taken Ghosn’s place as CEO. A similar thing happened to at Olympus in 2011, when CEO Michael Woodford broke ranks and came clean on boardroom grift. He was fired for not understanding “Japanese culture,” since that’s the easiest thing to pin on any foreigner.

But in Woodford’s case, he was fired, not arrested and subjected to Japan’s peculiar system of “hostage justice” police detention, where detainees are denied access to basic amenities (including sleep or lawyers) for weeks at a time, and interrogated until they crack and confess, with more than 99% conviction rates.

The good news is that finally overseas media is waking up to what Japan’s Federation of Bar Associations and the UN Committee Against Torture have respectively called “a breeding ground for false charges” and “tantamount to torture.” Funny thing is, if this had happened in China, we’d have had howls much sooner about the gross violations of Ghosn’s human rights.

(Source on “statute of limitations does not apply:” “Japan’s Companies Act has a statute of limitations of seven years. Prosecutors argue this does not apply due to the amount of time Ghosn has spent outside the country.”
https://asia.nikkei.com/Business/Nissan-s-Ghosn-crisis/Ghosn-rearrested-for-alleged-aggravated-breach-of-trust
Other irregularities noted in the JT by Glen Fukushima: https://www.japantimes.co.jp/opinion/2018/12/20/commentary/japan-commentary/seven-questions-ghosn-nissan/)

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Well, the news is now Ghosn’s case has been picked over by the media (the charges are being called “thin soup” below).  And Ghosn’s high-profile status has enabled him to get a high-profile interview with the Nikkei newspaper below (for fifteen minutes, with a five-minute extension).  Few if any other people incarcerated in this system have this much ability to draw attention and make their case to the public.

Moreover, since Ghosn’s Japanese language abilities are probably not at the level of the language in his interview, it’s reasonable to assume  the interview was in English.  In my direct experience in dealing with other incarcerated foreigners, if they talk with anyone they must do it with a guard present, and they must speak in Japanese at all times so the guard can understand what’s being said.  Ghosn’s ability to get around that rule seems to be another trapping of his privilege.

That’s a bit annoying.  But if it eventually shines light on an abuse of the Japanese judicial system in specific (i.e., uneven enforcement of the law), and shames Japan into reforming its “hostage justice” interrogation system in general, then some good may come of it.

In the end, the Ghosn Case, on top of the the Woodford Case, remain excellent reasons why foreigners shouldn’t hope to become executives in Japanese companies.  One boardroom coup later by the nativists, you could be in jail for being CEO while foreign. Debito Arudou, Ph.D.

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NISSAN’S GHOSN CRISIS
Exclusive interview: Ghosn says ‘plot and treason’ led to arrest
Ex-Nissan chief claims rivals wanted to ‘get rid’ of him
Nikkei Asian Review, Nikkei staff writers, January 30, 2019
https://asia.nikkei.com/Business/Nissan-s-Ghosn-crisis/Exclusive-interview-Ghosn-says-plot-and-treason-led-to-arrest

In his first interview since being detained on Nov.19, ousted Nissan Chairman Carlos Ghosn claimed that certain people had “distorted reality” for the purpose of “getting rid of him.”

TOKYO — Former Nissan Motor Chairman Carlos Ghosn told Nikkei in an exclusive interview Wednesday that he had “no doubt” that the charges against him were the result of “plot and treason” by Nissan executives opposed to his plan for deeper integration between Renault and its two Japanese alliance partners.

Speaking on the 10th floor of the Tokyo Detention House, dressed in a black fleece jacket and gray sweatpants, Ghosn acknowledged that “there was a plan to integrate” Renault, Nissan and Mitsubishi Motors. The plans had been discussed with Nissan President Hiroto Saikawa in September, he added.

In his first interview since being detained on Nov. 19, Ghosn claimed that he had wanted to include Mitsubishi Motors CEO Osamu Masuko in the talks, but “Saikawa wanted it one-on-one.”

Once the three automakers were more closely integrated, Ghosn wanted to ensure there would be “autonomy under one holding company,” he said, adding that this plan was in line with how he had operated the alliance in past years.

Allies of Ghosn’s have argued that some Nissan executives feared a further concentration of power under his leadership, prompting them to cooperate with Tokyo prosecutors.

Nikkei had been requesting a one-on-one interview with Ghosn since his arrest last year. The approval was granted this week.

Ghosn was allowed by the Tokyo District Court to speak with Nikkei. Media interviews with prominent business leaders in detention are extremely rare in Japan.

“We don’t have much time. Let’s get started,” Ghosn said at the beginning of the interview from behind the acrylic glass partition. As the end of the allotted 15 minutes approached, he asked the officer for “a little more” time, and was granted a five-minute extension.

The Brazilian-born tycoon has dismissed accusations that his 19-year reign at Nissan was a “dictatorship,” saying this was a narrative created by rivals who wanted to remove him. “People translated strong leadership to dictator, to distort reality” for the “purpose of getting rid of me,” he added.

Ghosn has been held without bail for more than 70 days since Tokyo prosecutors arrested him on allegations of financial misconduct.

He was charged with underreporting his salary over several years, and aggravated breach of trust for allegedly transferring to Nissan personal trading losses from foreign exchange contracts.

The breach-of-trust charges center on $14.7 million in payments to a company run by Saudi businessman Khaled al-Juffali.

He denied the accusations and claimed “the executive in charge of the region signed [the approval].”

The payment was made from Ghosn’s “CEO reserve,” a pot of money that he was free to decide how to spend. He said the “CEO reserve is not a black box” and “four officers signed” for the payment to al-Juffali.

Ghosn is also accused of receiving 7.82 million euros ($8.9 million) in improper payments through Nissan-Mitsubishi B.V., a Netherlands-based joint venture between the two Japanese companies. He said the venture was established for “synergy and not for payment,” adding that the claims of improper payments were a “distortion of reality.”

Ghosn said his purchase of luxury properties in Rio de Janeiro and Beirut — which Nissan alleges were paid for improperly through a subsidiary — were approved by the legal department. Pointing to a former loyalist and long-time executive in the legal department, Ghosn said: “Hari Nada has done all this.”

He justified the houses on the grounds that he “needed a safe place where [he] can work and receive people in both Brazil and Lebanon.”

“[Have I] done [something] inappropriate? I am not a lawyer, I don’t know the interpretation of [such] facts,” Ghosn said, showing his frustration over Nissan’s internal investigation.

“These are known by everybody, why didn’t they tell me?”

Ghosn, whose second bail request was rejected Jan. 22, insisted that he was not a flight risk and he would not destroy evidence.

“I won’t flee, I will defend [myself],” he added. “All the evidence is with Nissan, and Nissan forbids all employees to talk to me.”

When asked about life in the detention center, Ghosn said “there is up and down.” As for his health, he simply said he was “doing fine.”

After his arrest, Ghosn appeared to have envisioned attending a Renault board meeting in Paris, explaining his position, and holding a news conference. But his prolonged detention in a Tokyo jail frustrated those plans.

Nissan dismissed Ghosn from his position as chairman in November. An extraordinary general meeting of shareholders scheduled in mid-April is expected to remove Ghosn as a director.

Ghosn resigned as chairman and CEO of Renault, and former Michelin chief Jean-Dominique Senard was appointed as the chairman.

The three members of the alliance are expected to revisit how it is operated in the absence of Ghosn’s leadership. “I cannot speculate about the future of the alliance,” Ghosn said.

The French government, Renault’s largest shareholder, has previously requested Ghosn make the relationship between the two automakers “irreversible.”

Following Ghosn’s arrest, France also informed Tokyo of an intention to press ahead with integration. Saikawa, in contrast, has insisted there is “no need for now to discuss [it].”

Interviewed by Nikkei commentator Atsushi Nakayama and Nikkei staff writers Akito Tanaka and Yosuke Kurabe.

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OPINION
Ghosn charges are thin soup — case for ex-Nissan boss
Prosecutors fail to make a strong case against car maker’s former chief
By Stephen Givens, Nikkei Asian Review, January 29, 2019
https://asia.nikkei.com/Opinion/Ghosn-charges-are-thin-soup-case-for-ex-Nissan-boss

Two months after his arrest at Haneda Airport and confinement at Kosuge detention center, we now have a good picture of the criminal case against Carlos Ghosn-and it looks like pretty thin soup.

As reported in the media, the evidence shows not criminal malfeasance, but at most lapses in judgment and corporate protocol that ultimately did not result in any actual harm to Nissan Motor or its shareholders or personal enrichment of Ghosn.

The criminal case turns on a series of technical and subjective judgments about whether the words of the relevant statutes and regulations apply to the transactions in question.

By any objective measure, the misconduct alleged was less serious than the corporate misfeasance that is routinely overlooked in Japan or handled by noncriminal administrative wrist-slapping.

The first, and for many weeks the only, criminal charge brought against Ghosn was that Nissan’s periodic securities filings disclosed just the currently payable portion of his compensation. They failed to report the portion deferred until after his retirement.

Ghosn’s motive for not wanting to report his full compensation currently-that it was embarrassingly large in relation to that of other Japanese CEOs and Ghosn’s Nissan colleagues — does not constitute serious criminal intent.

Further, the evidence indicates that Ghosn tried in good faith to structure the deferred compensation in a way that would permit him legally not to report it currently under the rules, which require current reporting of director-level compensation only to the extent the right to receive it has become “clear.”

Though the documentation has not been made public, it appears that it was structured as some kind of post-retirement consulting arrangement that would, at a minimum, require Ghosn to provide Nissan with services after retirement to collect the compensation.

It is hard to imagine that Nissan would have failed to report Ghosn’s deferred compensation over many years without professional legal advice that it did not need to be currently reported because Ghosn’s right to receive it was conditional.

It is equally hard to understand why Nissan’s Japanese management, having condoned the deferred compensation arrangement and its nonreporting for years, is now using it as the lead card in the criminal case.

Beyond this, criminal liability under the Financial Instruments and Exchange Act for false disclosure is explicitly predicated on the requirement that it be “material”- that is, it would have a significant impact on an investor’s decision to sell or buy Nissan shares.

For investors, the amount of Ghosn’s unreported deferred compensation, about $10 million per year, is clearly very small compared to Nissan’s $90 billion in annual revenues.

Meanwhile, Japan’s weak securities disclosure standards permit Nissan not to reveal information that would be much more relevant to investors, such as the terms of the “alliance” contracts between Renault, Nissan’s major shareholder, and Nissan.

It does not inspire confidence in Japan’s justice system that Ghosn’s guilt or innocence on the this charge will hinge on semantic distinctions over the meanings of “clear” and “material.”

The second criminal charge against Ghosn is for two, related claims of “aggravated breach of trust” under the Companies Act. This vaguely-worded statute imposes criminal liability on directors of a company who for personal gain “commit an act in breach of such person’s duties and causes financial damages” to the company. Typically this statute is applied to cases of embezzlement-executives taking company assets.

The first prong of the breach of trust charge has been loosely characterized in the press as “the shifting of Ghosn’s personal foreign exchange losses to Nissan” but details of the transactions disclosed by Ghosn’s lawyers show it to be less pernicious than advertised.

Ghosn entered into a foreign exchange hedging transaction with Shinsei Bank to protect his yen-denominated Nissan compensation against the risk of depreciation. Like many others he failed to anticipate the financial crisis of 2008, which sent the yen soaring and reduced the value of the Nissan securities he had offered Shinsei Bank as collateral.

Shinsei Bank asked Ghosn for additional security. Ghosn considered offering the value of his uncashed Nissan retirement allowance-but doing so would have required him actually to leave Nissan at a time he was a vital part of the management. Instead, he asked Nissan to guarantee his downside risk on the hedge, but pledged to fully cover the liability.

Critically, Ghosn’s request for help with his unexpected difficulty received formal approval by the Nissan board. Admittedly the Securities Exchange Surveillance Commission (SESC), deemed the transaction improper a few months later and ordered Nissan to get rid of the hedging contract.

So, Nissan carried a contingent liability — fully guaranteed by Ghosn — as an accommodation to its CEO for approximately four months. Nissan suffered no actual loss and was never at risk because it was fully covered by Ghosn’s retirement allowance. The transaction was not concealed; it was approved by the Nissan board and reported to the SESC, which saw no reason to request a criminal probe a decade ago.

So, you may ask, where is the crime? According to news reports, it turns out the prosecutors are not satisfied with the drafting of the board resolution. They are quibbling that the board resolution did not mention Ghosn by name and only referred generically to “foreign board members” as beneficiaries of the transaction. Moreover, the prosecutors are claiming the resolution was not specific on how Nissan was to be protected with 100% certainty against possible loss. Ghosn’s criminal liability turns almost entirely on the wording of a board resolution that Ghosn himself surely did not draft.

The second prong of the breach of trust charge relates to the subsequent transfer, in compliance with the SESC’s order, of the Shinsei Bank contract from Nissan to companies controlled by Saudi national Khaled Juffali. Nissan affiliates in the Middle East paid Juffali’s companies $14.7 million over four years for variety of “support activities” in the region. The prosecutors claim that Nissan’s money was paid for Juffali’s guarantee of Ghosn’s personal contingent liability.

It seems unrealistic, however, that anyone would pay $14.7 million of Nissan money for a guarantee of a contingent liability worth at most $16.7 million-a huge overpayment.

This strongly suggests that Juffali’s companies were being paid for doing more than simply backing Ghosn’s Shinsei liability. The more commercially-likely scenario is more innocuous, one in which Ghosn asked a friendly business counterparty to assume an essentially riskless contingent liability as a favor in the context of a long-term business relationship. This represents the kind of mutual exchange between companies with long-term relationships practiced daily by the Japanese corporate establishment.

No question, a more scrupulous and careful executive would have avoided pushing the gray boundaries of the law. But nothing we know that Ghosn allegedly did smells like a serious crime deserving prison. That he remains in confinement while the prosecutors argue semantics to deprive him of his freedom places Japan’s criminal justice system in an awkward light.

Stephen Givens is a corporate lawyer based in Tokyo.

ENDS

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Debito article in Shingetsu News Agency: “The Japan Times Becomes Servant to the Elite” (Feb 2, 2019)

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Hi Blog.  A couple of days ago I commented on an article in the Japan Times by a former Ministry of Foreign Affairs diplomat and TV pundit Miyake Kunihiko (or “Kuni”, for gaijin ingratiation) who has a weekly JT space for his musings.  A pedigreed elite trained in international “Gaijin Handling”, Miyake clumsily talks about Japan’s race relations and multiethnic future by critiquing tennis champ Osaka Naomi’s “Japaneseness”.

My JT comment helped draw readers to the article, and I’ve just written my first feature piece for the Shingetsu News Agency (the only independent English-language media left in Japan not toeing a Japanese government line) about what Miyake’s article indicates in terms of the decline in the JT’s analytical abilities, as it swings rightward to knuckle under to revisionist pressure on Japanese media and curry favor with Japan’s elites.  It also cites other research from Reuters and the Asia-Pacific Journal (Japan Focus).  Here’s an excerpt:

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The Japan Times Becomes Servant to the Elite
By Debito Arudou

Shingetsu News Agency, February 2, 2019
SNA (Honolulu) — On January 28, the Japan Times published an opinion piece titled, “How Japanese is Naomi Osaka?” Author Kunihiko Miyake “felt something odd” about how the multiethnic tennis champ could ever “represent Japan.” Miyake’s article is indicative of how the quality of analysis has slipped under the Japan Times’ new ownership, and suggests how the purposes of the organization have changed…

[Miyake’s] half-baked column is indicative of something much larger—a decline in analytical prowess due to the editorial changes at the Japan Times in recent years.

The Japan Times came under new ownership in June 2017 by the media group News2u Holdings, a PR company. In an unexpected editorial shift, last November the Japan Times announced that it would henceforth be rewording the “potentially misleading” (and internationally-recognized) terms “Comfort Women”—which is already a direct translation of the official euphemism of ianfu—as “women who worked in wartime brothels, including those who did so against their will, to provide sex to Japanese soldiers.” Likewise, the term “forced laborers” would now be rendered merely as “wartime laborers,” following the new government policy.

Aside from journalistic concerns about cramming a wordy term into concise articles, it wasn’t hard for media observers to understand this as a response to government pressure, already manifest in Japanese media and world history textbooks, to portray Japan’s past in a more exculpatory light…

Rest at http://shingetsunewsagency.com/2019/02/02/the-japan-times-becomes-servant-to-the-elite/

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As Michael Penn at SNA notes, “I’m pleased to note that Debito Arudou has contributed his first article to the Shingetsu News Agency. Aside from being a strong article, it’s another step toward getting a wider range of writers taking advantage of our progressive news media platform.”  Other writers and investigators, please feel free to pitch something to SNA as well.  Debito Arudou Ph.D.

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Japan Times JBC 114 DIRECTOR’S CUT of “Top Ten for 2018” column, with links to sources

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Hi Blog.  Now that the clicks have died down on my latest Japan Times JBC column of January 28, 2019 (thanks for putting it in the Top Ten trending articles once again), what follows is the first final draft I submitted to the Japan Times for editing on December 29, 2018.  I blog this version because a lot of information is lost (inevitably) as we cut the word count from 2800 to 1600 words. (I generally put everything in the first final draft, then cut it down to fit the page; that way we don’t overlook anything and have to backtrack.)

People have been asking what got cut (and yes, the original version mentions Michael Woodford and Jeff Kingston), so the piece below is quite a bit different from what appeared in the Japan Times here (meaning it shouldn’t draw away any readers from the JT version; in fact, it will probably spur more views from readers wanting to compare). Also, having links to sources matter, so here it all is, including my regular acerbic tone.  Dr. Debito Arudou

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A TOP TEN FOR 2018
By Debito Arudou, Japan Times Just Be Cause Column 114
To be published January 3, 2019
DRAFT SIX: VERSION WITH LINKS TO SOURCES INCLUDED

Welcome to JBC’s annual countdown of human rights events as they affected non-Japanese (NJ) residents of Japan. Ranked in ascending order, these issues are bellwethers for how NJ in Japan may be treated in 2019 and beyond:

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10) Fourth-Generation Japanese Brazilians snub new visa program

Last March, the Justice Ministry announced a new diaspora visa regime to attract back children of Brazilian-Japanese who had previously worked in Japan. The latter had been brought in from 1990 under a former preferential “Returnee Visa” regime, which essentially granted a form of permanent residency to NJ with Japanese bloodlines.

The Returnee program was so successful that by 2007, Brazilians had swelled to more than 300,000 residents, the third-largest NJ minority in Japan. Unfortunately, there was a big economic downturn in 2008. As Returnees lost their jobs, the government declined to assist them, even bribing them to “go home” (JBC Apr 7, 2009) and forfeit their visa, unemployment insurance, pensions, and other investments in Japan over a generation. They left in droves.

Fast forward ten years, and an unabashed government (facing a labor shortage exacerbated by the 2020 Olympics) now offers this reboot: Fourth-gen Nikkei, with sufficient Japanese language abilities, plus a secure job offer and family support already in Japan, can stay up to five years.

They expected a quota of 4000 workers would soon be filled. Except for one problem: This time they stayed away in droves. By the end of October, three months into the program, the Nikkei Shimbun reported there were exactly zero applicants.

So much for bloodlines. The word is out and the jig is up.

Sources: https://www.japantimes.co.jp/news/2018/03/30/national/preferential-visa-system-extended-foreign-fourth-generation-japanese/
Nikkei: http://www.debito.org/?p=15191
JBC Apr 7 2009 http://www.debito.org/?p=2930

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9) Naomi Osaka’s victory at US Open Tennis.

Speaking of bloodlines, JBC wrote about American-Haitian-Japanese Naomi Osaka’s win last year (“Warning to Naomi Osaka: Playing for Japan can seriously shorten your career,” Sep. 19) as a cautionary tale for anyone representing this country as an international athlete. However, as far as the Top Ten goes, her victory matters because it inspires discussion on a fundamental question: “What is a Japanese?”

Japanese society relentlessly polices a narrative of purity of identity. That means that some Japanese citizens, despite spending their lives in Japan, often get shunted to the “half” category if they don’t “look Japanese,” or relegated to “returnee children” status because their dispositions don’t “fit in” with the putative norm due to living overseas. Uniformity is a virtue and a requirement for equal treatment here. The “nail sticking up” and all that, you know.

Yet what happens to Japanese citizens who spend most of their life overseas, even take foreign citizenships, and publicly grumble about how they wouldn’t have been successful if they’d remained in Japan (as some Nobel laureates with Japanese roots have)? They’d get hammered down, right?

Not if they win big internationally. Suddenly, they’re “Japanese” with few or any asterisks. It’s a common phenomenon in racialized societies: “They’ll claim us if we’re famous.”

Naomi Osaka won big. May she continue to do so. But let’s see if she can follow in the footsteps of other diverse Japanese chosen to represent Japan, such as former Miss Japan beauty queens Ariana Miyamoto and Priyanka Yoshikawa (who as “halfs” also spoke out against racial discrimination in Japan; alas, their impact was minimized because they didn’t win big internationally).

In any case, the more successful diverse Japanese who can highlight the fallacies of Japan’s pure-blood narrative, the better.

Sources: http://www.debito.org/?p=15160
http://www.debito.org/?p=15156
http://www.debito.org/?p=15145

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8) Zainichi Korean wins hate speech lawsuit on grounds of “racial discrimination”.

The wheels of justice turn slowly in Japan, but sometimes in the right direction. Ms. Lee Sin Hae, a “Zainichi Special Permanent Resident” generational foreigner, was frequently defamed in public hate rallies by Zaitokukai, an anti-Korean hate group. She sued them in 2014 for hate speech, racial discrimination, and gender discrimination. She won in the District Court in 2016, the High Court in 2017, and shortly afterwards in the Supreme Court when they declined to review the case.

Ms. Lee’s case stands as yet another example of how Japan’s new hate speech laws have legally-actionable consequences. Others similarly defamed can now cite Lee’s precedent and (mildly) punish offenders. It’s also another case of discrimination against Japan’s minorities being classified as “racial,” not “ethnic” etc.

This matters because Japan is the only major developed country without a national law criminalizing racial discrimination. And it has officially argued to the United Nations that racism doesn’t happen enough here to justify having one. Lee’s case defies that lie.

Sources: http://www.debito.org/?p=14973 “Officially argued”: http://www.debito.org/japanvsun.html (For context, do a word search for the following paragraph: “We do not recognize that the present situation of Japan is one in which discriminative acts cannot be effectively restrained by the existing legal system and in which explicit racial discriminative acts, which cannot be restrained by measures other than legislation, are conducted. Therefore, penalization of these acts is not considered necessary.”)

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7) Setagaya-ku passes Anti-Discrimination Ordinance specifically against racial discrimination etc.

On that note, movements at the local level against racial discrimination are afoot. Tokyo’s Setagaya Ward, one of Japan’s first municipalities to recognize same-sex marriages, passed an ordinance last March that will protect (after a fashion) racial, ethnic, and sexual minorities from discrimination and hate speech.

I say “after a fashion” because it, as usual, has no punishments for offenders. The best it can do is investigate claims from aggrieved residents, inform the mayor, and offer official evidence for future lawsuits.

But it’s a positive step because 1) we’ve had city governments (such as Tsukuba in 2010, home of a major international university) go in exactly the opposite direction, passing alarmist resolutions against suffrage for NJ permanent residents; and 2) we had a prefectural government (Tottori) pass an anti-discrimination ordinance in 2005, only to have it unpass it mere weeks later due to bigoted backlash.

That didn’t happen this time in Setagaya-ku. The ordinance stands. Baby steps in the right direction.

Sources: http://www.kanaloco.jp/article/314740
http://www.city.setagaya.lg.jp/static/oshirase20170920/pdf/p02.pdf
http://www.city.setagaya.lg.jp/kurashi/101/167/321/d00158583_d/fil/tekisuto2.txt
http://www.debito.org/?p=14902
Tottori: http://www.debito.org/japantimes050206.html
Tsukuba: http://www.debito.org/?p=8459

==================================

6) Immigration Bureau to be upgraded into Immigration Agency.

Last August, the government said that to deal with the record influx of foreign tourists and workers (more below), more manpower would be needed to administrate them. So as of April this year, the Nyukyoku Kanri Kyoku (“Country-Entrant Management Bureau”) is scheduled to become the Nyukoku Zairyu Kanri Cho (“Country-Entering Residency Management Agency”), with an extra 500 staff and an expanded budget.

Critics may (rightly) deride this move as merely a measure to tighten control over NJ, as the “Immigration Bureau” was a mistranslation in the first place. Japan has no official “immigration” policy to help newcomers become permanent residents or citizens, and the Bureau’s main role, as an extension of Japan’s law enforcement, has been to police NJ, not assist them. (After all, according to the Justice Ministry, 125 NJ workers have died under work-related conditions since 2010; where was the Bureau to prevent this?)

However, the fact remains that if Japan will ever get serious about its looming demographic disaster (where an aging society with record-low birthrates is shrinking its taxpaying workforce to the point of insolvency), it has to deal with the issue of importing workers to fill perpetual labor shortages. It has to come up with an immigration policy to make foreigners into permanent residents and citizens.

The only way that will happen is if the government establishes an organization to do so. An upgrade from a Bureau to an Agency is one step away from becoming an actual Ministry, separate from the mere policing mandate of the Justice Ministry.

Sources: https://www.japantimes.co.jp/news/2018/08/28/national/politics-diplomacy/japan-set-immigration-agency-cope-influx-blue-collar-ranks-abroad-new-status/
http://www.debito.org/?p=15129
Agency name change: https://www.sankei.com/politics/news/180828/plt1808280006-n1.html
125 NJ workers died: https://www.japantimes.co.jp/news/2018/12/13/national/justice-ministry-reveals-174-foreign-technical-interns-japan-died-2010-2017/

==================================

5) Govt. to further centralize surveillance system of NJ.

Now, to acknowledge the naysayers, last year the government gave more power to the Justice Ministry to track NJ, in an effort to stop “visa overstayers” and keep an eye on tourists and temporary workers. This is on top of the other measures this decade, including the remotely-readable RFID-chipped Gaijin Card in 2012, proposing using NJ fingerprinting as currency in 2016 (in order to “enable the government to analyze the spending habits and patterns of foreign tourists;” yeah, sure), and facial recognition devices specifically targeting “foreigners” at the border from 2014.

This is the negative side of inviting NJ to visit as tourists or stay awhile as workers: Japan’s police forces get antsy about a perceived lack of control, and get increased budgets to curtail civil liberties.

Sources: https://www.japantimes.co.jp/news/2018/06/18/national/counter-illegal-overstayers-government-plans-system-centrally-manage-information-foreign-residents/
RFID: http://www.debito.org/?p=10750
Fingerprinting: http://www.debito.org/?p=13926
Facial recognition: http://www.debito.org/?p=12306 and http://www.debito.org/?p=14539

==================================

On the positive side, however:

4) Tourism to Japan reaches record 30 million in 2018.

Admittedly, when the government launched its “Visit Japan” campaign in 2010, and cheerily projected a huge expansion of NJ tourism from single-digit millions to double- a decade ago, JBC was skeptical. Government surveys in 2008 indicated that 70% of hotels that had never had NJ guests didn’t want them anyway. And of the 400+ “Japanese Only” places I surveyed for my doctoral fieldwork, the vast majority were hotels—some even encouraged by government organs to refuse NJ entry (JBC, “Japan’s hostile hosteling industry,” Jul 6, 2010)!

Times change, and now NJ tourism (mostly from Asia, chiefly China, South Korea, and Taiwan) has become a major economic driver. Local and national business sectors once pessimistic about the future are flush with cash. And by the 2020 Olympics, the tourist influx is projected to skyrocket to 40 million.

Naturally, this much flux has occasioned grumbling and ill-considered quick-fixes. We’ve had media gripes about Chinese spending and littering habits, a “Chinese Only” hotel in Sapporo, separate “foreigner” taxi stands at JR Kyoto Station (enforced by busybodies disregarding NJ language abilities), and even a “Japanese Only” tourist information booth in JR Beppu Station.

The worst fallout, however, is the new “Minpaku Law” passed last June. It adds bureaucratic layers to Airbnb home-sharing, and shores up the already stretched-thin hotel industry’s power over accommodation alternatives.

The government also resorted to coded xenophobia to promote the law. Citing “security” and “noise concerns,” Tokyo’s Chuo Ward indicated that letting “strangers” into apartments could be “unsafe.” Shibuya Ward only permitted Minpaku during school holidays, so “children won’t meet strangers” on the way to school. Not to be outdone, NHK Radio implied that ISIS terrorists might use home lodging as a base for terrorist attacks.

It’s one thing to be ungrateful for all the tourist money. It’s quite another to treat visitors as a threat after inviting them over. If not handled properly, the influx from the 2020 Olympics has the potential to empower Japan’s knee-jerk xenophobes even further.

Sources: https://www.japantimes.co.jp/news/2018/12/18/national/japan-marks-new-record-foreign-visitors-top-30-million-2018/
2008 hotel survey: http://www.debito.org/?p=12306
“Visit Japan” and “new economic driver” stats: https://www.japantimes.co.jp/news/2014/08/25/reference/tourism-emerges-new-economic-driver-japan/
Exclusionary hotels encouraged by govt. organs: http://www.debito.org/?p=1941 and JBC http://www.debito.org/?p=7145
Tourism Stats: https://www.tourism.jp/en/tourism-database/stats/inbound/#annual
Grumbling about tourist manners: http://www.debito.org/?s=Chinese+tourist and http://www.debito.org/?p=2301
Chinese Only hotel: http://www.debito.org/?p=6864
Beppu: http://www.debito.org/?p=14954
Minpaku xenophobia and ISIS: http://www.debito.org/?p=15051

==================================

3) Japan Times changes wording on controversial historical terms and topics.

Previously, JBC (July 6, 2015) noted how the Fuji-Sankei acquisition of news outlet Japan Today had shifted the English-language media landscape rightward politically, with articles becoming more assiduous in pointing out NJ misbehavior, yet muted in their criticism of Japan.

This was after the English-language arms of Japan’s major newspapers, including the Daily Yomiuri (now The Japan News), the Daily Mainichi, and the Asahi Evening News, had relegated their foreign staff away from investigative journalism into mere translation duties. Not to mention the chair of NHK, Katsuto Momii, stated publicly in 2016 that his TV network would not report on contentious subjects until the government has “an official stance” (effectively making NHK a government mouthpiece).

These “contentious subjects” included portrayals of historical events, like NJ forced into labor for wartime Japanese companies, and “Comfort Women” forced sexual services under Japanese military occupation.

Back then, JBC concluded that the JT is “the only sustainable venue left with investigative NJ journalists, NJ editors and independently-thinking Japanese writers, bravely critiquing current government policy without fretting about patriotism or positively promoting Japan’s image abroad.”

But last November, the JT, under new ownership since 2017, came out with a new editorial stance.

Stating that “Comfort Women” (already a direct translation of the official euphemism of ianfu) was potentially misleading, because their experiences “in different areas throughout the course of the war varied widely,” the JT would henceforth “refer to ‘comfort women’ as ‘women who worked in wartime brothels, including those who did so against their will, to provide sex to Japanese soldiers’”. Likewise with the term “forced laborers,” which would now be rendered as “wartime laborers” because of varying recruiting patterns.

Aside from journalistic concerns about rendering these wordy terms in concise articles, it wasn’t hard for media pundits to portray this as a response to government pressure, already seen on Japanese media and overseas world history textbooks, to portray Japan’s past in a more exculpatory light. And with at least one government-critical columnist (Jeff Kingston) no longer writing for us, JBC now wonders if the JT remains the last one standing.

Sources: Govt. pressure on Japanese media: https://foreignpolicy.com/2016/05/27/the-silencing-of-japans-free-press-shinzo-abe-media/ and plenty more.
Govt. pressure on overseas history textbooks: http://www.debito.org/?s=history+textbook

==================================

2) Carlos Ghosn’s arrest.

The former CEO of Nissan and Mitsubishi motors (but remaining as CEO at Renault), Ghosn was arrested last November and indicted in December for inter alia allegedly underreporting his income for tax purposes. As of this writing, he remains in police custody for the 23-day cycles of interrogations and re-arrests, until he confesses to a crime.

This event has been well-reported elsewhere, so let’s focus on the JBC issues: Ghosn’s arrest shows how far you can fall if you’re foreign. Especially if you’re foreign.

One red flag was that the only two people arrested in this fiasco have been foreign: Ghosn and his associate, Greg Kelly. Kelly is now out on bail due to health concerns. But where are the others doing similar malfeasances? According to Reuters, Kobe Steel underreported income in 2008, 2011, and 2013, and committed data fraud for “nearly five decades.” Same with Toray and Ube Industries, Olympus, Takata, Mitsubishi Materials, Nissan, and Subaru.

Who’s been arrested? Nobody but those two foreigners.

And Japan’s judicial system has a separate track for NJ suspects, including harsher jurisprudence for NJs accused of crimes, lax jurisprudence for NJ victims of crimes, uneven language translation services, general denial of bail for NJ, an extra incarceration system for subsequent visa violations while in jail, and incarceration rates for NJs four times that for citizens. (See my book Embedded Racism, Ch. 6.)

Most indicative of separate and unequal treatment is that some of the accusations, which fall under a statute of limitations of seven years under the Companies Act, are still applicable. Prosecutors have argued that statutes do not apply to Ghosn because he spent time overseas. Apparently even the passage of time is different for foreigners, because the clock stops if they ever leave Japan!

It’s JBC’s view that this is a boardroom coup. The Wall Street Journal has reported that Ghosn was planning to oust a rival, Hiroto Saikawa, who has since taken Ghosn’s place as CEO. A similar thing happened to at Olympus in 2011, when CEO Michael Woodford broke ranks and came clean on boardroom grift. He was fired for not understanding “Japanese culture,” since that’s the easiest thing to pin on any foreigner.

But in Woodford’s case, he was fired, not arrested and subjected to Japan’s peculiar system of “hostage justice” police detention, where detainees are denied access to basic amenities (including sleep or lawyers) for weeks at a time, and interrogated until they crack and confess, with more than 99.9% conviction rates.

The good news is that finally overseas media is waking up to what Japan’s Federation of Bar Associations and the UN Committee Against Torture have respectively called “a breeding ground for false charges” and “tantamount to torture.” Funny thing is, if this had happened in China, we’d have had howls much sooner about the gross violations of Ghosn’s human rights.

Sources: Kelly health concerns: https://www.japantimes.co.jp/news/2018/12/26/business/corporate-business/greg-kelly-close-aide-carlos-ghosn-denies-allegations-release-bail/
Kobe Steel Reuters: https://www.reuters.com/article/us-kobe-steel-scandal-ceo/kobe-steel-admits-data-fraud-went-on-nearly-five-decades-ceo-to-quit-idUSKBN1GH2SM
Ghosn planned to replace CEO Saikawa https://www.wsj.com/articles/carlos-ghosn-planned-to-replace-nissan-ceo-before-his-arrest-1544348502
Olympus and Takata other issues https://www.bloomberg.com/opinion/articles/2018-12-06/carlos-ghosn-s-arrest-and-the-backlash-to-japan-nissan
Statute of limitations does not apply. “Japan’s Companies Act has a statute of limitations of seven years. Prosecutors argue this does not apply due to the amount of time Ghosn has spent outside the country.”
https://asia.nikkei.com/Business/Nissan-s-Ghosn-crisis/Ghosn-rearrested-for-alleged-aggravated-breach-of-trust
Woodford Olympus: http://www.debito.org/?p=9576
World waking up: https://www.standard.co.uk/business/jim-armitage-carlos-ghosn-treatment-shines-harsh-light-on-justice-in-japan-a3998291.html
JFBA: https://www.nichibenren.or.jp/library/en/document/data/daiyo_kangoku.pdf
Tantamount to torture: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwjW_7Pcp8XfAhV1GDQIHcSIDTEQFjAAegQICRAC&url=http%3A%2F%2Fdocstore.ohchr.org%2FSelfServices%2FFilesHandler.ashx%3Fenc%3D6QkG1d%252FPPRiCAqhKb7yhsmoIqL9rS46HZROnmdQS5bNEx%252FmMJfuTuMXK%252BwvAEjf9L%252FVjLz4qKQaJzXzwO5L9HgK1Q6dtH8fP8MDfu52LvR5McDW%252FSsgyo8lMOU8RgptX&usg=AOvVaw22H5dQMWcKYHizy8NNIuqY
Other irregularities noted in the JT by Glen Fukushima: https://www.japantimes.co.jp/opinion/2018/12/20/commentary/japan-commentary/seven-questions-ghosn-nissan/

==================================

1) New immigration visa regime to expand nonskilled labor in Japan.

The event with the largest potential for impact on NJ residents in Japan would have to be the government’s passing of a new visa regime to officially allow unskilled workers (a departure from decades of policy) to make up for labor shortfalls in targeted industries, including nursing, food service, construction and maintenance, agriculture, and hotels.

It would allow people to stay for longer (up to five years), and even beyond that, if they qualify with secure job offers and language abilities, to the point of permanent residency. In theory, at least.

Disclaimers have been typical: Officials have denied that this is an “immigration policy,” sluicing off concerns that Japan will be overrun and undermined by hordes of NJ.

But this new visa regime matters because the government is clearly taking the inevitable measures to shore up its labor force against the abovementioned demographic crisis. To the tune of about 345,000 new workers. It’s an official step towards what we are seeing already in certain industries (like convenience stores in big cities), where NJ workers are no longer unusual.

Yes, the government may at any time decide to do a housecleaning by revoking these visas whenever NJ might reach a critical mass (as happened many times in the past). And it also has insufficiently addressed longstanding and widespread labor abuses in its Technical Trainee and Interns market. But the fact remains that bringing in proportionally more NJ, as the Japanese population shrinks, will make them less anomalous.

One way that minorities make themselves less threatening to a society is by normalizing themselves. Making people see NJ as co-workers, indispensable helpers, neighbors, maybe even friends. The cynical side of JBC thinks this is unlikely to happen. But it’s not going to happen without numbers, and that’s what this new visa regime is encouraging.

As evidence of change, the rigorous Pew Research Center last year surveyed several countries between about their attitudes towards international migration. One question, “In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now?” had positive responses from Japan that were the highest of any country surveyed—81% saying “more” or “the same.”

I was incredulous, especially since the word “immigration” (imin) has been a taboo term in Japan’s policy circles (JBC Nov 3, 2009). So I contacted Pew directly to ask how the question was rendered in Japanese. Sure enough, the question included “imin no suu” (immigration numbers).

This is something I had never seen before. And as such, changing policies as well as changing attitudes may result in sea changes towards NJ residents within our lifetimes.

Sources: https://www.japantimes.co.jp/news/2018/11/02/national/major-policy-shift-japan-oks-bill-let-foreign-manual-workers-stay-permanently/
345,000: https://www.japantimes.co.jp/news/2018/11/14/national/politics-diplomacy/345000-foreign-workers-predicted-come-japan-new-visas-government/
Pew: http://www.pewresearch.org/fact-tank/2018/12/10/many-worldwide-oppose-more-migration-both-into-and-out-of-their-countries/#more-309372 and https://www.axios.com/newsletters/axios-am-aca76f69-2982-4b0e-a36c-512c21841dc2.html?chunk=4&utm_term=emshare#story4
JBC Nov 3: http://www.debito.org/?p=4944
See also forwarded email from Pew below.

==================================

Bubbling under: Registered Foreign Residents reach new postwar record of 2.5 million. Alarmist government probe into “foreigner fraud” of Japan’s Health Insurance system reveals no wrongdoing (https://www.japantimes.co.jp/news/2018/09/12/national/probe-abuse-health-insurance-foreigners-japan-stirs-claims-prejudice/). Fake rumors about NJ criminal behavior during Osaka quake officially dispelled by government (https://www.japantimes.co.jp/news/2018/06/19/national/different-disaster-story-osaka-quake-prompts-online-hate-speech-targeting-foreigners/).
Former British Ambassador and Japan Times columnist Sir Hugh Cortazzi dies.
https://www.japantimes.co.jp/opinion/2018/08/23/commentary/japan-commentary/bidding-sir-hugh-cortazzi-farewell/

ENDS

=====================

Source on Pew Question in original Japanese. Forwarding email exchange from Pew Research Center itself:

Begin forwarded message:

From: Pew Research Center <info@pewresearch.org>
Subject: RE: Question about your recent Global Attitudes survey
Date: December 11, 2018
To: ” Debito A”

Hi Debito,

Thank you for reaching out. The original Japanese text is below:

Q52 In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now? Q52 日本に受け入れる移民の数を増やすべき、移民の数を減らすべき、または現状を維持すべき、のどれだと思われますか?

1 More 1.増やすべき
2 Fewer 2.減らすべき
3 About the same 3.現状を維持すべき
4 No immigrants at all (DO NOT READ) 4. 移民はまったくいない(読み上げない)
8 Don’t know (DO NOT READ) 8.わからない(読み上げない)
9 Refused (DO NOT READ) 9. 回答拒否(読み上げない)

Please let us know if you have any questions.

Best, [HT], Pew Research Center

ENDS

=================================
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My Japan Times JBC 114 column: Top Ten Issues that Affected NJ Residents in 2018

mytest

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Hi Blog.  Here’s a link to my latest Japan Times JBC column:

JUST BE CAUSE
justbecauseicon.jpg

From new visas to a tourism backlash, the Top 10 issues that affected us in 2018 may forecast our future treatment

BY DEBITO ARUDOU, THE JAPAN TIMES, JANUARY 28, 2018

Every January, Just Be Cause takes a look at how things went for the non-Japanese residents of Japan (NJ) in the previous year.

While not everything made this year’s list — there were the false claims of “foreigner fraud” of the national health insurance system, and fake news of NJ crime in the wake of the Osaka quake in June — the issues that did, ranked in ascending order, may portend how our community is treated in 2019 and beyond.

10) Brazilians snub new visa

Rest at https://www.japantimes.co.jp/community/2019/01/27/issues/new-visas-tourism-backlash-top-10-issues-affected-us-2018-may-forecast-future-treatment/

================================

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“Nippon Claimed” multiethnic tennis star Osaka Naomi gets “whitewashed” by her sponsor. Without consulting her. Compare with singer Crystal Kay.

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Hi Blog. Multiethnic tennis star Osaka Naomi, whom we’ve talked about on Debito.org before in the context of Japan’s “Nippon Claiming” (where a mudblood is “claimed” to be a “Japanese”, full stop, as long as she’s at the top of her game; otherwise her mixed-ethnicity becomes a millstone), has now been claimed to the point of “whitewashing”. Yes, her Haitian-American heritage has been washed away in the Japanese media. By one of her main sponsors, no less.  And they did it without clearing it with her first.

Witness these articles, sent in by many people (h/t to JK in particular):

/////////////////////////////////////////////

Ad Showing Naomi Osaka With Light Skin Prompts Backlash and an Apology
The New York Times, Jan 22, 2019
https://www.nytimes.com/2019/01/22/world/asia/naomi-osaka-anime-ad.html?smtyp=cur&smid=tw-nytimesworld

Naomi Osaka, the half-Haitian, half-Japanese tennis champion, is the star of a new Japanese anime-style advertisement.

The problem? The cartoon Ms. Osaka bears little resemblance to her real, biracial self.

Her skin was unmistakably lightened, and her hair style changed — a depiction that has prompted criticism in Japan, where she has challenged a longstanding sense of cultural and racial homogeneity.

The ad — unveiled this month by Nissin, one of the world’s largest instant-noodle brands — features Ms. Osaka and Kei Nishikori, Japan’s top-ranked male tennis player, in a cartoon drawn by Takeshi Konomi, a well-known manga artist whose series “The Prince of Tennis” is popular in Japan.

Mr. Konomi and Ms. Osaka, who faces Elina Svitolina in an Australian Open quarterfinal match on Wednesday, have not publicly commented on the reactions to the ad.

But a Nissin spokesman apologized in an email on Tuesday for “the confusion and discomfort.”

The spokesman, Daisuke Okabayashi, said that the characters had been developed in line with Mr. Konomi’s anime series and that the company had communicated with Ms. Osaka’s representatives.

“There is no intention of whitewashing,” he said. “We accept that we are not sensitive enough and will pay more attention to diversity issue in the future.”

After the ad was first published online, people on social media, including many fans of Ms. Osaka’s, said they were deeply disappointed.

Baye McNeil, an author who has lived in Japan for 15 years, said he didn’t understand why the ad would “erase her black features and project this image of pretty much the prototypical anime girl-next-door character.”

Ms. Osaka’s rise into a beloved national figure has been particularly exciting for biracial people in Japan, known as hafus, who have long battled for acceptance, he said.

“Making her look white just tells these people that what they are isn’t good enough,” Mr. McNeil said.
Ms. Osaka was born in Japan to a Haitian-American father and a Japanese mother, and moved to the United States when she was 3. Although she isn’t fluent in Japanese, often responding to questions from Japanese reporters in English, she has tweeted about her love of manga and Japanese movies.

Ranked fourth in the world at just 21, she’s already among Japan’s most accomplished tennis players ever. She became the first Japanese-born tennis player to win a Grand Slam singles championship in September when she defeated Serena Williams in the U.S. Open, a victory that supercharged her celebrity ascent.

That win prompted a cartoon in an Australian newspaper that was criticized for its depiction of Ms. Williams, which many saw as a racist caricature. While most of the condemnation focused on how the Australian cartoonist drew Ms. Williams, critics also noted that Ms. Osaka was depicted with blond hair and light skin.

Black characters aren’t frequently found in anime, but artists in the medium have successfully depicted their skin tones before.

“When there is a black character, it’s clearly a black character,” Mr. McNeil said.

The discussion of biracial identity in Japan got a boost in 2015 when Ariana Miyamoto, who is half-Japanese, half-African-American, won the Miss Universe Japan pageant. She used her fame to discuss the plight of “hafus,” but some in Japan were unwilling to accept her as a model of Japanese beauty.

In interviews, Ms. Osaka has embraced her multicultural background.

“Maybe it’s because they can’t really pinpoint what I am,” she said in 2016, “so it’s like anybody can cheer for me.”

ENDS
/////////////////////////////////////////////

Baye, mentioned above, commented as follows:

/////////////////////////////////////////////
Someone lost their noodle making this new Nissin ad featuring Naomi Osaka
BY BAYE MCNEIL
The Japan Times, JAN 19, 2019

This month, cup noodle maker Nissin served up its animated “Hungry to win” ad campaign, drawn by “Prince of Tennis” artist Takeshi Konomi and featuring actual tennis prince Kei Nishikori and our newest bona fide global star, Naomi Osaka.

I’d been anticipating Osaka’s appearance since it isn’t often that a high-profile woman of color is featured in a major Japanese ad campaign. So when I cued it up on YouTube I was truly disappointed to see that there was no woman of color to speak of in the commercial. Instead, I found a white-washed representation of Osaka that could’ve easily been based off a TV personality like Becky or Rola. Everything that distinguishes Osaka from your typical Japanese anime character was gone, and what was left? Your typical Japanese anime character.

Come on, Nissin. Was this a business decision? Did you have concerns that your customers might be forced to uncomfortably ponder issues of race or ethnicity while slurping down a bowl of U.F.O. Yakisoba?

Sure, anime fans aren’t used to seeing women of color in the genre so … a few shades lighter on the skin here … a debroadening of the nose there … the de-exoticization of her hair … and, voila! The perfectly palatable girl next door. Not for this fan, though. Osaka’s de-blackening is as problematic to me as a Bobby Riggs tirade against female tennis players…

Rest at https://www.japantimes.co.jp/community/2019/01/19/our-lives/someone-lost-noodle-making-new-nissin-ad-featuring-naomi-osaka/

/////////////////////////////////////////////

Nissin apologizes for skin color of Osaka in ad
The Japan News/Jiji Press January 23, 2019
http://the-japan-news.com/news/article/0005497740

NEW YORK (Jiji Press) — Nissin Food Products Co. has apologized in an email for depicting the skin color of tennis player Naomi Osaka in an anime-style advertisement as lighter than her actual pigmentation, The New York Times reported Tuesday.

The online edition of the U.S. newspaper said that the ad depicting Osaka, born to a Haitian-American father and a Japanese mother, has been criticized in Japan for whitewashing.

“We accept that we are not sensitive enough,” a spokesman for the Nissin Foods Holdings Co. unit was quoted as saying.

The Osaka character used in the anime ad for the company’s Cup Noodles was designed by manga artist Takeshi Konomi, known for his comic series “The Prince of Tennis.”

The ad also features Japanese tennis player Kei Nishikori, who, like Osaka, is sponsored by Nissin.

The New York Times reported that the Osaka figure depicted in the ad “bears little resemblance to her real, biracial self,” adding, “Her skin was unmistakably lightened.”
ENDS

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Sponsor of Naomi Osaka retracts ad videos over skin color dispute
January 24, 2019 (Mainichi Japan)
http://mainichi.jp/english/articles/20190124/p2g/00m/0bu/009000c

TOKYO (Kyodo) — A Japanese food company which is a sponsor of 2018 U.S. Open winner Naomi Osaka removed video advertisements from YouTube on Wednesday following a dispute over the skin color of a character featuring the tennis star.

Nissin Foods Holdings Co. created two pieces of animated video aimed at promoting its signature product Cup Noodle featuring characters of Osaka as well as Kei Nishikori, another Japanese tennis player the Tokyo company supports.

But Nissin chose to stop running them at the request of Osaka’s management agency in the United States following controversy in which some questioned Nissin’s creations, saying the color of Osaka’s character was lightened.

Nissin denied it had intended to make the skin color white and apologized for having caused confusion.

“We will be more mindful of the issue of diversity,” an official of the company said.

The dispute emerged as Osaka, a U.S.-based 21-year-old athlete whose father is Haitian and mother is Japanese, advanced to the semifinals of the Australian Open.

According to the official, Nissin consulted with the Japanese arm of Osaka’s agency in making the anime pieces but failed to communicate properly with its U.S. parent.
ENDS

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COMMENT:  And, as the Guardian reported from an interview with Osaka:

Osaka:  “I don’t think they did it on purpose to be, like, whitewashing or anything, but I definitely think that the next time they try to portray me or something, I feel like they should talk to me about it.”

====================================

Not on purpose?  Really?  This was what I was alluding to back in my Japan Times column on this last year:

====================================

It is a well-established phenomenon that Japanese children overseas, if absent from Japanese primary or secondary schooling for even a short time, can face ethnic and cultural displacement when they return. There’s even a special word — kikoku-shijo — for “repatriated children.” And this crisis of identity happens even to native Japanese speakers.

Osaka is not. Nikkan Sports on Sept. 10 reported her language abilities to be what I call “kitchen Japanese,” i.e., “somewhat able to audibly understand, but speaking is not her thing” (nigate). Yes, the media has dutifully noted her love for Japanese anime, manga, unagi (eel) and sushi. But “liking things” does not make up for lacking an important skill set.

Even with a Japanese mother, without standalone abilities to communicate and control her own fate, Osaka will expend a lot of energy navigating adult Japanese society, with all of its tripwires of courtesy and protocol.

====================================

So, the Nissin ad is the first clear tripwire — she didn’t even get consulted on her own image.  And she got Whitewashed like a number of other celebrities in Japan of mixed heritage who can’t be accepted as “Japanese” unless they “look like Japanese”.

Consider what happened to singer Crystal Kay (who is Afro-Zainichi Korean, but it’s the same phenomenon).  Excerpted from a chapter I wrote for book The Melanin Millennium (2013):

====================================

A more subtle example of the marketing of skin color can be witnessed in the evolution of Japanese pop idol Crystal Kay (1986- ).  The child of an African-American military serviceman and a Japan special permanent resident (zainichi) South Korean mother, Kay was raised as an English-Japanese bilingual in Japan (Poole 2009).  Beginning her career from age thirteen, Kay as of this writing has released nine studio albums, with an appreciable lightening of her skin on her album covers as her popularity in Japan increased.  A sample from earliest to latest:

C.L.L. Crystal Lover Light (2000), her debut album.

Almost Seventeen (2002)

4Real (2003)

Natural (2003), despite the similarities, is a separate album from 4Realwith different tracks, remixes, and English covers.

Call me Miss… (2006)

All Yours (2007)

Color Change! (2008)

Spin the Music (2010)

Best of Crystal Kay (2009)

ONE (Single, from Color Change!, alternative Pokemon edition) (2008)

====================================

So, you think Ms. Osaka is going to be immune from this Whitewashing?  She already isn’t.  If she’s not happy about this sort of thing, she’s going to have to take active measures to prevent it.  Or not.  But the default visual standard of “Japaneseness” is already out there.  And it’s not (yet) her skin color.  Dr. Debito Arudou

=====================
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DEBITO.ORG NEWSLETTER JANUARY 27, 2019
Table of Contents:
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THE FAULTY DYNAMIC OF “NIPPON CLAIMING”
1) Japan Times JBC Col 113: “Warning to Naomi Osaka: Playing tennis for Japan can seriously shorten your career” (Sep. 19, 2018)
2) SCMP: “Tennis queen Naomi Osaka a role model, says ‘Indian’ Miss Japan Priyanka Yoshikawa”. A little more complex than that.
3) “Nippon Claimed” multiethnic tennis star Osaka Naomi gets “whitewashed” by her sponsor. Without consulting her. Compare with singer Crystal Kay.

SHENANIGANS
4) Fuji TV’s “Taikyo no Shunkan”: Reality TV targeting NJ as sport. Again.
5) Japan Times officially sanitizes WWII “comfort women” and “forced laborers”. Pressure on my JT Just Be Cause column too.
6) Excellent Japan Times feature on dual citizenship in Japan: “Don’t Ask, Don’t Tell” policy leaves many in the dark

GOOD NEWS?
7) Nikkei: Japanese-Brazilians snub Tokyo’s diaspora residency program, attracting exactly ZERO applications after starting 3 months ago
8 ) BBC: Fukuoka Hilton Hotel refuses entry to Cuban Ambassador due to “US sanctions”. J authorities call action “illegal”. How quaint.

HOT DISCUSSIONS ON DEBITO.ORG
9) Nikkei Asian Review: “In rural Japan, immigrants spark a rebirth”. An optimistic antidote to the regular media Gaijin Bashing
10) Senaiho on criminal complaint against Jr High School “Hair Police” in Yamanashi
11) SendaiBen on “Anytime Fitness” Sports Gym Gaijin Carding him, and how he got them to stoppit
12) JT: GOJ Cabinet approves new NJ worker visa categories. Small print: Don’t bring your families. Or try to escape.
13) Surprising survey results from Pew Research Center: Japan supportive of “immigration”

… and finally…
14) Pop Matters.com: Interview with Activist and Writer Debito Arudou on Foreigners’ Rights in Japan
/////////////////////////////

By Debito Arudou, Ph.D.
debito@debito.org, www.debito.org, Twitter @arudoudebito
Debito.org Newsletter Freely Forwardable

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THE FAULTY DYNAMIC OF “NIPPON CLAIMING”

1) Japan Times JBC Col 113: “Warning to Naomi Osaka: Playing tennis for Japan can seriously shorten your career” (Sep. 19, 2018)

JBC 113: First, Just Be Cause congratulates Naomi Osaka on her outstanding win over tennis legend Serena Williams in the U.S. Open. Osaka’s grace under fire was world-class, and she deserves all the plaudits she can get.

And let’s just get this out of the way: I also agree that Williams had every right to protest her treatment by a heavy-handed umpire. The ump made the game about his ability to punish instead of defuse a situation, and penalized a woman more severely than men for similar infractions.

But that commentary is for the Sports pages. Here’s the JBC issue: Ms. Osaka, I don’t think you understand what you’ve gotten yourself into by choosing to play for Japan…

http://www.debito.org/?p=15156

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2) SCMP: “Tennis queen Naomi Osaka a role model, says ‘Indian’ Miss Japan Priyanka Yoshikawa”. A little more complex than that.

SCMP: Japanese tennis sensation Naomi Osaka not only hit the cash jackpot with her historic US Open victory – she struck a blow for racial equality, according to a former Miss Japan… Priyanka Yoshikawa, who two years ago was crowned Miss Japan, believes Osaka can also help break down cultural barriers in a country where multi-racial children make up just two per cent of those born annually.

“Japan should be proud of her – she can definitely break down walls, she will have a big impact.” Osaka, who has a Japanese mother, a Haitian father and was raised in the United States, is set to shine a light on what it means to be Japanese, predicts Yoshikawa. “The way she speaks, and her humbleness, are so Japanese,” said the 24-year-old… Unlike Yoshikawa and Miyamoto, Osaka speaks hardly any Japanese after moving to Florida with her family as a toddler. “It’s not about language,” insists the Tokyo-born Yoshikawa, who was bullied because of her skin colour as a child… “But she’s what she thinks she is. If you think you’re Japanese, you’re Japanese.”… “But it’s still going to take more time for people to think ‘haafu’ can be Japanese,” she warned. “We need more people like Naomi.”

COMMENT: Indeed. Japan needs more people like Naomi. And like Priyanka. And Ariana Miyamoto. And Murofushi. And Asuka Cambridge. And Bekki. And Jero. And Darvish. And Miyazawa Rie. And Umemiya Anna. And Hiroko Grace. And Kinugasa “Iron Man” Sachio. And any number of other “haafu” celebrities in Japan who have made history over generations, but barely made a dent in diversifying Japan’s racialized self-concept of “Japaneseness” being predominantly pure-blooded. I’m not sure what’s different this time. Again, Debito.org is very happy to cheer on Ms. Osaka as she navigates her way through Japan’s adult society and through the trappings and pitfalls of sports fame. But it’s far too soon to be this optimistic that any real change has happened or will happen. As we’ve seen from the world-class people above, it takes a lot more than one tennis star to undo this degree of “Embedded Racism”. Where’s the “tipping point”?

http://www.debito.org/?p=15160

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3) “Nippon Claimed” multiethnic tennis star Osaka Naomi gets “whitewashed” by her sponsor. Without consulting her. Compare with singer Crystal Kay.

Multiethnic tennis star Osaka Naomi, whom we’ve talked about on Debito.org before in the context of Japan’s “Nippon Claiming” (where a mudblood is “claimed” to be a “Japanese”, full stop, as long as she’s at the top of her game; otherwise her mixed-ethnicity becomes a millstone), has now been claimed to the point of “whitewashing”. Yes, her Haitian-American heritage has been washed away in the Japanese media. By one of her main sponsors, no less. And they did it without clearing it with her first.

Osaka herself commented: “”I don’t think they did it on purpose to be, like, whitewashing or anything, but I definitely think that the next time they try to portray me or something, I feel like they should talk to me about it.”

Well, yeah. But unless Osaka takes active measures to control her image (to look, as she puts it, “tan”), the default standard in the Japanese media (which hasn’t been able to accept other celebrities in Japan of mixed heritage as “Japanese” unless they “look like Japanese”) is to bleach their skin color. Doubt that? Consider what happened to singer Crystal Kay…

http://www.debito.org/?p=15506

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SHENANIGANS

4) Fuji TV’s “Taikyo no Shunkan”: Reality TV targeting NJ as sport. Again.

Thompson: As Japan predicts a rise in the number of immigrants and foreign tourists in the coming years, a new television show has turned migrant deportations into entertainment. The program provoked some outraged viewer reactions and insights about the plight faced by visa overstayers and undocumented migrants in Japan. Taikyo no Shunkan (タイキョの瞬間) (English translation: “At the Very Moment They Were Deported”) premiered on Fuji Television in a Saturday evening prime time slot on October 6, 2018.

Using a typical reality show format, the two-hour program follows a group of so-called “G-Men”, or immigration officers, employed by the Tokyo regional office of the National Immigration Bureau as they hunt down visa overstayers and so-called “illegal aliens” (fuhotaizaisha, 不法滞在者) and squatters (fuhosenshu, 不法占有) on camera. In one segment, the immigration officers stake out the apartment of a Vietnamese man suspected of violating the conditions of his trainee visa. He and two others are arrested and interrogated on camera before being deported 24 hours later.

COMMENT: Debito.org has focussed on this kind of programming before. Consider this segment from a larger archive of broadcast media bashing NJ as terrorists and criminals, a phenomenon that gained political traction as former Tokyo Gov. Ishihara fanned the flames of xenophobia starting from around 2000. Not to mention the racist and propagandistic “Gaijin Hanzai” magazine (2007) that also seemed to be made with the cooperation of the Japanese authorities.

In the end, will there be any retractions, apologies for stereotyping, or even acknowledgments and caveats that NJ do good things in Japan too? As book Embedded Racism points out in Ch. 7, not likely. After all, NJ have so little right-of-reply in Japan’s media that bashing and blaming NJ for just about anything has long been normalized in Japan’s media. It’s simply part of standard operating practice — at the level of entertainment. Even a sport. It’s a foxhunt for gaijin.

http://www.debito.org/?p=15176

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5) Japan Times officially sanitizes WWII “comfort women” and “forced laborers”. Pressure on my JT Just Be Cause column too.

Guardian: Japan’s oldest English-language newspaper has sparked anger among staff and readers after revising its description of wartime sex slaves and forced labourers from the Korean peninsula. In a decision that critics said aligned it with the conservative agenda of the prime minister, Shinzō Abe, the Japan Times said it had used terms “that could have been potentially misleading” when reporting on the contentious subjects…

The Japan Times, which marked its 120th anniversary last year, said in an editor’s note in Friday’s edition that it would ditch the commonly used term “forced labour” to describe Koreans who were made to work in Japanese mines and factories during its 1910-45 colonial rule over the Korean peninsula. The Japan Times said: “The term ‘forced labour’ has been used to refer to labourers who were recruited before and during world war two to work for Japanese companies. However, because the conditions they worked under or how these workers were recruited varied, we will henceforth refer to them as ‘wartime labourers.’”…

[The JT] said it would also alter its description of the comfort women – a euphemism for tens of thousands of girls and women, mainly from the Korean peninsula, who were forced to work in Japanese military brothels before and during the war.. “Because the experiences of comfort women in different areas throughout the course of the war varied widely, from today, we will refer to ‘comfort women’ as ‘women who worked in wartime brothels, including those who did so against their will, to provide sex to Japanese soldiers’.”

COMMENT: It’s sad that the JT, the last bastion of independent mainstream journalism in English in Japan, has knuckled under — the death of honest-history-based journalism due to PM Abe’s revisionist government pressure. I feel that pressure has even been put on me, as a columnist for the JT since 2002, because my new editor now wants me to water down my ninth-annual “Top 10 Human Rights Issues” of the year, writing me a few days ago: “I wonder if it might read better to take it out of the Top 10 format and write in detail on certain cases. I would like to see something along the lines of: What did Japan do right this year, What has the potential to move forward next year, and Which area is cause for concern.”

http://www.debito.org/?p=15227

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6) Excellent Japan Times feature on dual citizenship in Japan: “Don’t Ask, Don’t Tell” policy leaves many in the dark

JT: The nationality law officially obliges those who have multiple citizenships by birthright to choose one by the age of 22. But in fact, possibly hundreds of thousands have maintained multiple nationalities and to date the government has never cracked down on any of them. In response to questions over the number of dual nationals, the Justice Ministry confirmed to The Japan Times that some 890,000 people were or are in a position to have dual nationality. This figure is based on official family registries maintained by local municipalities between 1985 and 2016, and includes people who have declared or forfeited Japanese citizenship, as well as people assumed to have multiple nationalities based on their birthright.

“If I were forced to decide which citizenship to retain and which citizenship to relinquish, I would view it as which culture and which nation am I to abandon.” According to a survey conducted by The Japan Times of 1,449 people with dual nationalities, 76.8 percent maintain dual citizenship while 23.2 percent decided to forfeit one of their passports. The same survey showed that 39.5 percent of multiple passport holders “always” switch passports depending on the country they enter, while 37.3 percent “sometimes” switch passports. With the government’s official position becoming more divorced from a globalizing society where a large number of people maintain dual nationalities, many have to rely on word-of-mouth for information on what they see as an important, life-changing decision regarding their citizenship.

COMMENT: This lengthy feature from The Japan Times conducts original research on dual nationality in Japan, and gives vital insights into the game of legal chicken played by the Japanese Government to get people to forfeit their dual nationality (and by extension, part of their identity), all for mere allegiance to the fiction that Japan is monocultural and homogeneous. This suppression of diversity must stop, but few are taking notice. That is, until recently, when it’s become clear that “Japan-Claiming” of diverse Japanese such as Osaka Naomi helps with the other thing the insecure Japanese Government craves: respect and recognition for excellence on the world stage.

That’s why it’s worth revisiting this older JT article. The takeaway is this: As the JT has also recently reported, there is no real penalty from the Japanese Government for not surrendering your non-Japanese nationality: “There have been no reported instances of dual nationals by birth having their citizenship revoked.” So as Debito.org has always advised: Declare Japanese nationality and quietly keep renewing your foreign passport. The foreign government will not tell the Japanese authorities (it’s none of their business), and the Japanese authorities cannot strip you of a foreign nationality (or even confiscate a foreign passport – it’s the property of the foreign government). Only you can give one up. So don’t.

http://www.debito.org/?p=14979

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GOOD NEWS?

7) Nikkei: Japanese-Brazilians snub Tokyo’s diaspora residency program, attracting exactly ZERO applications after starting 3 months ago

Nikkei: Japan’s new residency program for fourth-generation Japanese descendants living overseas did not attract a single Japanese-Brazilian applicant in its first three months. The program, launched in July, allows descendants ranging in age from 18 to 30 to stay in Japan for up to five years and perform specific types of work. The goal is to ease Japan’s labor shortage, and the Justice Ministry initially expected to accept 4,000 people a year. But the Japanese Embassy and consulates in Brazil had not received any applications as of the end of September… Despite the need for new sources of labor, Japan’s government has insisted participants in the program would not be considered immigrants. An organization representing Japanese descendants in Brazil blasted Japan for “treating Japanese-Brazilians, who are their compatriots, as unskilled workers for a limited period.”

COMMENT: Here’s the latest installment of what I like to call “the jig is up” phenomenon affecting Japan’s public policy, specifically the one that is trying to maintain Japan’s exploitative “revolving-door” NJ labor market. The Nihon Keizai Shinbun has given us an inadvertently amusing article about how the government’s latest policy U-turn towards the Nikkei Brazilian Community (whom they officially bribed to leave Japan a decade ago), and how this wheeze simply isn’t working. ZERO applicants applied for a special labor program in three months. Even though the NJ resident population is at an all-time postwar high, some people have learned their lesson: don’t come to Japan just to be exploited and then summarily sent home.

http://www.debito.org/?p=15191

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8 ) BBC: Fukuoka Hilton Hotel refuses entry to Cuban Ambassador due to “US sanctions”. J authorities call action “illegal”. How quaint.

BBC: A US-owned hotel in Japan has been criticized by Japanese authorities after it denied the Cuban ambassador a room over fears it would violate US sanctions on Cuba. The Hilton Fukuoka Sea Hawk told Ambassador Carlos Pereria he could not stay last month because it could not accommodate Cuban government guests. That prompted a Cuban complaint. Japanese officials in the city have since told the hotel it was illegal to refuse rooms based on nationality.

JT: Japan’s law regulating hotel operations states that guests cannot be refused unless they carry an infectious disease or are suspected of committing illegal activities. The Health, Labor and Welfare Ministry pointed out that denying accommodation based on nationality is against the law. “The hotels operating domestically must comply with the law,” the ministry said. A Hilton spokesperson said, “We refuse to provide service to officials of the government or state-owned enterprises of countries under U.S. economic sanctions such as North Korea, Iran and Syria. We would like to discuss about the matter internally in response to the guidance.”

COMMENT: Well, well, well. I guess it’s helpful to be foreign and connected in high places. As has been reported for decades on Debito.org, Japan’s hotel refusals by nationality are so normalized that hotels routinely ignore the law being cited, refusing “foreigners” entry due to “lack of facilities”, “discomfort on the part of the management or Japanese customers”, or just for being “customers while foreign” (or even the “wrong foreign customers”). Sometimes these refusals have the backing and encouragement of local police agencies and other authorities in their overzealous “anti-terrorism”/”anti-crime”/”anti-infectious disease” campaigns (because after all, only “foreigners” do all that in Japan). Now the Cuban Ambassador gets refused. And suddenly the law gets applied. Good. Now let’s apply it everywhere, for a change. That’s what laws are for.

http://www.debito.org/?p=15211

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HOT DISCUSSIONS ON DEBITO.ORG

9) Nikkei Asian Review: “In rural Japan, immigrants spark a rebirth”. An optimistic antidote to the regular media Gaijin Bashing

Nikkei: In roughly three decades, the number of foreign residents in Japan has grown to 2.47 million, from just 980,000 in 1989. So while this period will go down in history as the time the country’s population went into decline, it has also brought an unprecedented influx of newcomers from abroad. Tagalog, Portuguese, Spanish, Thai, Indonesian: The students at Keiwa Elementary School in the southwestern prefecture of Mie speak nine different languages at home. But at school they use Japanese…

Foreign nationals tend to gravitate to places where their children are likely to receive better education. Mie — home to Keiwa Elementary — is a testament to this. The prefecture is gaining a reputation for supporting students born to non-Japanese parents. “Mieko san no Nihongo,” a textbook for teaching classroom Japanese developed by the Mie International Exchange Foundation, has proved useful in this regard and is now used in elementary and junior high schools nationwide.

According to the Ministry of Education, the number of students requiring additional instruction in the Japanese language at public elementary and junior high schools topped 30,000 for the first time in the year ended March 2017. The central government, too, is looking to bring more foreign workers into the country. Prime Minister Shinzo Abe last month said his government will design a reform plan for this purpose by the summer. Yet Abe is not exactly jumping in with both feet — the policy will not encourage permanent settlement, with a cap to be placed on the maximum stay and restrictions on bringing family members along. Even so, Japan is far more diverse than it was in 1950, when there were only 600,000 residents from overseas. From large cities to tiny villages, Japanese grow ever more accustomed to mingling with their fellow global citizens. And the newcomers are breathing life into communities that looked destined to fade.

COMMENT: As an antidote to the program talked about last blog entry, where hunting NJ for public sport and amusement became yet another TV show, here’s a relatively rare article showing the good that NJ do for Japanese society: revitalizing communities that are dying, as they age and endure an exodus of their young to more prosperous cities. The article is a bit too optimistic to be realistic (given that all this progress could be undone with a simple mass cancellation of visas and government repatriation bribes; the former has happened multiple times in Japan’s history), but I’d rather have the article than not. Have a look and tell us what you think.

http://www.debito.org/?p=14999

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10) Senaiho on criminal complaint against Jr High School “Hair Police” in Yamanashi

Senaiho: Since writing this article in the spring of last year, there have been several developments in our case. At the end of 2017, we submitted a petition to the Yamanashi board of education requesting they do an investigation into the bullying, and reasons for the trauma experienced by our daughter. As a result of this experience she has been absent for almost the entire last two years of her middle school education.

Over the course of 2017 with the help of our local Ombudsman, we managed to collect over 1500 signatures requesting that the school board do an internal investigation into the causes and responsibilities of the incidents regarding our daughter. The school board agreed to do an investigation. At the end of 2018 after reports of monthly meetings of the school board (in which we were not allowed to participate), we were informed that the results of this investigation completely exonerated the teachers and any public officials of any misdeeds or responsibility regarding the treatment of our daughter. It was all our fault as incompetent parents that our daughter was bullied and suffered such trauma that she was not able to attend school. Shame on us. We have requested to see a copy of this report, but have been informed that will not be allowed. The reason given is that it contains the names of private individuals involved whose privacy must be protected. Bullspit! We tried to be civil and it got us nowhere.

As of January 8, 2019, we have filed with the Yamanashi Pref. Police a criminal complaint naming the school principal and three teachers as defendants. Later that afternoon we also held a press conference. As of this writing articles regarding our case have appeared in several newspapers across the country. Since it is still early in the criminal case, I am sure there will be many developments over the next several weeks and months. I will strive to keep you informed as these occur.

http://www.debito.org/?p=15489

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11) SendaiBen on “Anytime Fitness” Sports Gym Gaijin Carding him, and how he got them to stoppit

Here’s an instructive post from Debito.org Reader and Contributor SendaiBen. He was told (like so many people are) that he had to surrender his Zairyuu “Gaijin Card” in order to register for service. But as he (and many other veterans of this silliness) know, you only have to present it when asked by a member of Japan’s policing or Immigration officials to do so. Otherwise, any form of ID (such as a Japanese driver license) that works for Japanese should work for NJ too.

But some companies don’t know or don’t care, so they push NJ around. Here’s how SendaiBen successfully pushed back, in the case of a sports gym (a notorious business sector towards NJ members) called Anytime Fitness. And so can you. Follow his footsteps.

SendaiBen: It seems more and more companies are becoming aware of the zairyu card, not just as another form of acceptable ID, but sometimes as the only form of ID they will accept from non-Japanese citizens. I personally believe that is unacceptable, so will continue to push back in this way to prevent it from spreading. I don’t want to be asked for my zairyu card by random companies as I go about my daily life… But then came Anytime Fitness, and I had to write in specially to confirm that they will also accept Japanese driver licenses…

http://www.debito.org/?p=15222

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12) JT: GOJ Cabinet approves new NJ worker visa categories. Small print: Don’t bring your families. Or try to escape.

JT: The Cabinet approved a bill Friday that would overhaul the nation’s immigration control law by introducing new visa categories for foreign workers, in an attempt to address the graying population and shrinking workforce. “Creating a new residence status to accept foreign workers is of utmost importance as the nation’s population declines and businesses suffer from lack of personnel,” Chief Cabinet Secretary Yoshihide Suga said at a news conference on the day.

Although details remain hazy, the new bill marks a departure from previous policy in allowing foreign individuals to work in blue-collar industries for a potentially indefinite amount of time if certain conditions, such as holding a valid employment contract, are met. Yet amid concerns over whether the nation has the infrastructure and environment to accommodate an inflow of foreign workers, the government has categorically denied that the overhaul will open the doors to immigrants. “We are not adopting a policy on people who will settle permanently in the country, or so-called immigrants,” Prime Minister Shinzo Abe told the Lower House Budget Committee on Thursday. “The new system we are creating is based on the premise that the workers will work in sectors suffering labor shortages, for a limited time, in certain cases without bringing their families.”…

COMMENT: As the JT notes, the next wave of NJ temp labor has been officially approved by the Abe Cabinet. The new statuses mostly still have the caveat of being temp, unrooted labor (bringing over families is expressly verboten). And you can qualify for something better if you manage to last, oh, ten years — around one-fifth of a person’s total productive working life. Because, as the JT reported in a follow-up article days later, time spent working under these visa statuses in particular does NOT count towards their required “working period” when applying for Permanent Residency.

Another interesting part of this article is the bit about how many Indentured “Trainee” NJ workers had “gone missing” from their generally harsh modern-slavery working conditions (4,279) so far this year, and how it might even exceed last year’s record total of 7,089. Anyway, with the news above, the GOJ looks set to invite in even more people, in even more work sectors, and with the regular “revolving-door” work status (i.e., not make immigrants out of them). Some people have gotten wise to this practice and are staying away from Japan, but I bet many won’t. Unless we let them know in venues like Debito.org.

http://www.debito.org/?p=15203

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13) Surprising survey results from Pew Research Center: Japan supportive of “immigration”

Some weeks ago Debito.org Reader FB sent along a link to an article which noted: “Spain and Japan were among the most open to the idea of increased immigration, with 28% and 23% of their respective populations supporting more.” It cited a recent worldwide Pew Research Global Attitudes Survey of 27 countries on international migration of labor.

I was incredulous. I’ve written before how Japan’s policymakers, even its demographic scientists, view the word “immigration” (imin) as a taboo term and topic of discussion. So I wondered if there had been some finagling of the question’s translation. So I wrote to Pew directly and got this answer…

http://www.debito.org/?p=15465

/////////////////////////////

… and finally…

14) Pop Matters.com: Foreigners’ Rights in Japan: Interview with Activist and Writer Debito Arudou

Q: A recent immigration issue in Japan is controversy over the new immigration law due to take effect in April, which will bring in 345,000 foreigners over five years to work in certain occupations such as construction, food service, and home-visit care for the elderly. What do you see as the pros and cons of the law?

Debito: I’m going to take a wait-and-see attitude on it. The government of Prime Minister Abe, by introducing the new law, is acknowledging the fact that Japan needs to bring in foreign labor. There’s no other way to get around the current demographic crisis; the ageing population plus low birth rate means there aren’t enough people to pay the taxes and do the “dirty work” that most Japanese don’t want to do. But, as usual, it’s arranged so as not to allow these people to settle and invest in Japanese society. Over time, many entrants will surely gain a better understanding and appreciation of Japan, so they should be allowed to make a real contribution to Japanese society for their entire lives if they so choose.

Depriving them of that opportunity because they are essentially seen as temporary labor on revolving-door visas (if longer-term, this time) is basically the same mistake that has been made with the trainee / intern visa system Japan has had for more than two decades now. One wonders if Japan’s ruling elite is ever going to learn its lesson about giving quid pro quo to people who have made their investments into this society. If you stay here, learn the language, pay your taxes, and contribute to the workforce, sooner or later you should be allowed to stay permanently. But that’s not implicitly promised even in these new visas.

There has really never been a true “immigration policy”, one of making foreigners into Japanese, in Japan to this day. We don’t just need a temporary migrant labor policy. Bringing in more people in and of itself is not a viable solution to the demographic crisis. The solution is incentivizing them to stay and to become Japanese.

http://www.debito.org/?p=15492

/////////////////////////////

That’s all for now. Thanks as always for reading!

DEBITO.ORG NEWSLETTER JANUARY 27, 2019 ENDS

========================
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Senaiho on criminal complaint against Jr High School “Hair Police” in Yamanashi

mytest

Books, eBooks, and more from Dr. Debito Arudou (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. We are still hearing about Japan’s overzealous enforcers of Japan school rules, particularly when it comes to hairstyles, in what Debito.org has long called the “Hair Police“. This phenomenon particularly affects NJ and Japanese of diverse backgrounds, who are forced by officials to dye and/or straighten their naturally “Non-Asian” hair just to attend school and get a compulsory education.

Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children targeted for “standing out“) and their families scarred for life.  (As discussed at length in book “Embedded Racism“, pg. 154-5.)

It’s happened in Yamanashi to Debito.org Submitter Senaiho, who after many months of fruitless investigation has lodged a formal criminal complaint against his daughter’s school officials.  Read on for his report.  This issue has appeared in about 45 articles in Japanese media.  Here’s hoping this blog entry helps attract attention from the English-language media too.  Dr. Debito Arudou

///////////////////////////////////////////////

December 17, 2018
By Y&D Senaiho

Everyone’s child is unique, at least most parents think and rightly so. All children are all unique in their own way. We felt no different when our fourth child was born. A beautiful baby girl who took the most honored place among three older brothers and we were constantly filled with joy as we watched her grow into a young woman. Little did we suspect after putting three boys through the difficult early-teen years of middle school in Japan, what we were going to experience when our little bundle of joy began her middle school enterprise.

Her first year of middle school began pretty much as her elementary school years in the Japanese public educational system finished, she would wake up every day more or less eager and looking forward to the days activities of classes, meals, meeting and playing with friends, and she would come home in the late afternoon bubbling with stories of the days events and happenings. We began to notice a dramatic change when she was no longer looking forward to going to school, or would leave reluctantly with a dire look on her face. Inquires about what was wrong only got short answers: “Nothing” or ominous silence.

We finally discovered the reason for her distress from her home room teacher. The cause was that she was being teased by a group of female classmates on account of her “Gaijin smell” or what we later came to know as “body odor”. I put it down to active hormones caused by puberty. Being the child of an Asian and western marriage, there was the scientific fact that she most likely has a larger than average (for Japan) number of sweat glands that secrete the proteins that causes body odor. No big deal, I thought, nothing a little deodorant would t fix, right! How naive I was.

We requested and got a C.A.R.E. package from my mother in the US in short order, filled with a wide assortment of feminine deodorants and fresheners. Along with these, daily baths, regular changes of underwear, and any other regimen we could think of, we tried. I have to say I never noticed any remarkable body odor in her presence, just the usual teen aroma that wasn’t any more or less fragrant than some of the odors I have noticed while teaching large groups of university pupils, and early adults. Our efforts were apparently not sufficient enough to relieve the offense of those in her class who were so nauseated. The teasing and complaints apparently continued for several months and into my daughter’s second year of middle school. She became less and less careful about things in general, and began showing signs of depression. Professional counseling seemed to help a little, but didn’t alleviate the root cause; Bullying for being a smelly half-gaijin!

Things seemed to have gotten out of control about the middle of the first semester of her second year, in order to try to reduce the teasing, her teacher decided that she needed to have her hair cut. We made an attempt in the evening of that day’s request by the teacher, but the next day on arriving to school my daughter’s haircut was deemed insufficient. The teachers decided to take matters into their own hands and decided to cut her hair in full view of other students and without our consent or even contacting us to ask permission.

That evening our daughter came home so traumatized that all I can say is that she has not been to school since that event. It was hard for me to understand how having ones hair cut could be so traumatic, but combined with all the other harassment that had been going on up till that point, it seemed to be the last straw. This was when the big cultural divide between the Japanese school system and my upbringing in the American school system came into full raging view. I vividly remember being in the third grade of elementary school and for some reason one day decided I wasn’t going to go to school anymore. My mother who happened to be an elementary school teacher herself, told me about the wonderful Truant Officer who would pay us a visit and force me to go to school. “He might even put your father and me in jail if you don’t go to school” she said. I decided I really didn’t want to see my parents go to jail; it would affect meals, Christmas presents and so on, I reasoned thankfully. The next day I reluctantly announced that for the good of all I will agree to return to school. I expected the same outcome with my daughters truancy. How could anybody just refuse to go to school? ‘This will not continue’ I remember thinking, after all it is “compulsory education” right? How wrong I was.

When my daughter’s absence went from a few days to several weeks I became alarmed. I got quite an education on where the burden of an education lies within Japanese society. Suffice it to say that it seems the entire burden is on the legal guardians of the child as to what constitutes an acceptable educational environment as far as the school system is concerned. On the other hand there are all kinds of educational laws on the books as to what and how the school system in obligated to make a safe and acceptable learning environment, especially with regard to compulsory education up through middle school. Cutting a child’s hair is not acceptable, as is allowing an environment of bullying and/or harassment, physical or mental. We spent the next year and six months trying to get the school to accept the responsibility for the trauma my daughter has suffered and to make a safe environment for her to return to her studies. All to no avail. Not only would they not even consider our issues, they branded us “Monster Parents” and tried to ignore that they had any responsibility whatsoever. However according to Guidebook of School Dispute Resolution by Kamiuchi Satoru, pg 216-217, The legal responsibilities of compulsory education in Japan are:

There shall be:

1. No provision of reasonable consideration based on developmental disability support law, disability discrimination prevention law

2. No response to bullying, contrary to the ordinance such as bullying prevention measure promotion law, Yamanashi city bullying countermeasure contact council, etc.

3. No School accident judgment incompatible and not pursuant to the “Ministry of Education, Culture, Administration” guidelines on response to school accidents.

What this legalese means in real life, is that the onus is legally completely on the school to make it safe and secure for every student to attend, including making any accommodations for special needs like attention deficit disorder, special training, or bullying awareness, really anything that would hinder any student from being able to participate in their education. In actuality, at least as far as the school system in our part of Yamanashi is concerned, they are still operating according to pre-Meiji era standards of education. According to Sakata Takashi (School Legal Mind: p. 3) This system assumed that the parents, neighborhood, and school would work together informally to solve any disputes. In fact, what has happened is that Japanese society has changed, within the past couple decades or so, so quickly and completely that Japanese compulsory education has failed to catch up. In fact modern Japan with the collapse of the economic bubble and dramatic decline in the number of child bearing couples finds itself at odds with an educational system stuck in the past. Parents are bucking heads with school officials demanding more and better legal responsibility and dispute formal resolution on the part of the schools their children attend.

For the parents of children born and/or being raised in Japan, who come into educational issues with school officials, this will require a willingness to choose a more legalistic route in settling disputes with school officials and even on occasion, parents of classmates. Changes come to all eventually, even Japanese education.

BIBLIOGRAPHY
Satoru Kamiuchi, “Guidebook Of School Dispute Resolution” (Nihon Kajo Publishing, 2016) 216-217.
Takashi Sato, “School Legal Mind,” (Gakuji Publishing 2015) Introduction.

=======================

Update January 9, 2019

Since writing this article in the spring of last year, there have been several developments in our case. At the end of 2017, we submitted a petition to the Yamanashi board of education requesting they do an investigation into the bullying, and reasons for the trauma experienced by our daughter. As a result of this experience she has been absent for almost the entire last two years of her middle school education.

Over the course of 2017 with the help of our local Ombudsman, we managed to collect over 1500 signatures requesting that the school board do an internal investigation into the causes and responsibilities of the incidents regarding our daughter. The school board agreed to do an investigation. At the end of 2018 after reports of monthly meetings of the school board (in which we were not allowed to participate), we were informed that the results of this investigation completely exonerated the teachers and any public officials of any misdeeds or responsibility regarding the treatment of our daughter. It was all our fault as incompetent parents that our daughter was bullied and suffered such trauma that she was not able to attend school. Shame on us. We have requested to see a copy of this report, but have been informed that will not be allowed. The reason given is that it contains the names of private individuals involved whose privacy must be protected. Bullspit! We tried to be civil and it got us nowhere.

As of January 8, 2019, we have filed with the Yamanashi Pref. Police a criminal complaint naming the school principal and three teachers as defendants. Later that afternoon we also held a press conference. As of this writing articles regarding our case have appeared in several newspapers across the country. Since it is still early in the criminal case, I am sure there will be many developments over the next several weeks and months. I will strive to keep you informed as these occur.Y&D Senaiho
ENDS

(January 8, 2019, Yamanashi Nichi Nichi Shinbun.  Click on image to expand in browser.)

===========================
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Pop Matters.com: Foreigners’ Rights in Japan: Interview with Activist and Writer Debito Arudou

mytest

Books, eBooks, and more from Dr. Debito Arudou (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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All donations go towards website costs only. Thanks for your support!

Do you like what you read on Debito.org?  Want to help keep the archive active and support Debito.org’s activities?  Please consider donating a little something.  More details here. Or even click on an ad below.

Hi Blog. A website called Pop Matters.com recently interviewed me regarding NJ rights and life in general in Japan. Have a look. Here’s an excerpt:

=========================

Q: A recent immigration issue in Japan is controversy over the new immigration law due to take effect in April, which will bring in 345,000 foreigners over five years to work in certain occupations such as construction, food service, and home-visit care for the elderly. What do you see as the pros and cons of the law?

Debito:  I’m going to take a wait-and-see attitude on it. The government of Prime Minister Abe, by introducing the new law, is acknowledging the fact that Japan needs to bring in foreign labor. There’s no other way to get around the current demographic crisis; the ageing population plus low birth rate means there aren’t enough people to pay the taxes and do the “dirty work” that most Japanese don’t want to do. But, as usual, it’s arranged so as not to allow these people to settle and invest in Japanese society. Over time, many entrants will surely gain a better understanding and appreciation of Japan, so they should be allowed to make a real contribution to Japanese society for their entire lives if they so choose.

Depriving them of that opportunity because they are essentially seen as temporary labor on revolving-door visas (if longer-term, this time) is basically the same mistake that has been made with the trainee / intern visa system Japan has had for more than two decades now. One wonders if Japan’s ruling elite is ever going to learn its lesson about giving quid pro quo to people who have made their investments into this society. If you stay here, learn the language, pay your taxes, and contribute to the workforce, sooner or later you should be allowed to stay permanently. But that’s not implicitly promised even in these new visas.

There has really never been a true “immigration policy”, one of making foreigners into Japanese, in Japan to this day. We don’t just need a temporary migrant labor policy. Bringing in more people in and of itself is not a viable solution to the demographic crisis. The solution is incentivizing them to stay and to become Japanese.

=========================

Entire interview at
https://www.popmatters.com/debito-arudou-interview-2625576904.html

Enjoy.  Debito

Surprising survey results from Pew Research Center: Japan supportive of “immigration”

mytest

Hello Blog. Some weeks ago Debito.org Reader FB sent along a link to an article which noted: “Spain and Japan were among the most open to the idea of increased immigration, with 28% and 23% of their respective populations supporting more immigration. Japan, known for its isolationist policies and historically low immigration numbers, is facing a dire economic threat — its population is getting older” (bold emphasis added). It cited a recent worldwide Pew Research Global Attitudes Survey of 27 countries on international migration of labor etc., which can be found as a pdf here and a report here.

I was incredulous. I’ve written before how Japan’s policymakers, even its demographic scientists, view the word “immigration” (imin) as a taboo term and topic of discussion. So I wondered if there had been some finagling of the question’s translation, as in, using the term gaikokujin (foreigner) instead of imin–because imin itself would be clumsy in construction as a disembodied term unlinked to people (i.e., there is as yet no popularized word iminsha for immigrant). Likewise, there is no official “immigration policy” (imin seisaku) in Japan either to convert newcomers into permanent residents and citizens.

So I wrote to Pew directly:

From: “Debito Arudou”
Subject: Question about your recent Global Attitudes survey
Date: December 11, 2018
To: info@pewresearch.org


To Whom It May Concern,
I [have] a question about your recently-released Global Attitudes survey.
http://www.pewresearch.org/fact-tank/2018/12/10/many-worldwide-oppose-more-migration-both-into-and-out-of-their-countries/#more-309372
Regarding the Japanese response to Q52:

Q52. In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now? 

 

Could you please send me the text of this question as rendered in the original Japanese? I can read Japanese text.
Thank you very much. Sincerely, Debito Arudou

I received the following answer:

From: Pew Research Center <info@pewresearch.org>
Subject: RE: Question about your recent Global Attitudes survey
Date: December 11, 2018
To: “Debito Arudou”

Hi Debito,  Thank you for reaching out. The original Japanese text is below: 

[emphases added in boldface, highlighting imin no kazu, or immigration numbers]
Q52 In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now? Q52 日本に受け入れる移民の数を増やすべき、移民の数を減らすべき、または現状を維持すべき、のどれだと思われますか?
1 More 1.増やすべき
2 Fewer 2.減らすべき
3 About the same 3.現状を維持すべき
4 No immigrants at all (DO NOT READ) 4. 移民はまったくいない(読み上げない)
8 Don’t know (DO NOT READ) 8.わからない(読み上げない)
9 Refused (DO NOT READ) 9. 回答拒否(読み上げない)

Please let us know if you have any questions. 

 Best, [HT], Pew Research Center   

COMMENT:

Well, if that’s the exact text Pew read over the phone to the Japanese respondents, I can’t doubt it. But I’ve never seen the word imin used in this context in Japan, moreover asked of more than a thousand respondents, as per the methodology of the Global Attitudes Survey:

Courtesy: http://www.pewresearch.org/methodology/international-survey-research/international-methodology/

More surprising were the responses from the Japanese surveyed:

Courtesy http://www.pewresearch.org/fact-tank/2018/12/10/many-worldwide-oppose-more-migration-both-into-and-out-of-their-countries/#more-309372

Just gawk at those numbers. Japan has the lowest “Few Immigrants/None” and the highest “About the same number of Immigrants/More” combined of all the countries surveyed!

Again, the diehard skeptic in me wants to poke holes in this survey, especially given the constant duplicity of the MOJ and the GOJ towards NJ in general, especially when it comes to surveying the general public. But this is Pew, and they are among the most rigorous of international surveyors we’ve got. Given that they used the term “immigration numbers” (not just the “temporary-foreign-labor-on-revolving-door-visas” connotation that a mere term like gaikokujin would have allowed), this is on the surface quite promising.

Next stage, an actual Immigration Ministry (Imin Shou), which I believe may also someday be in the cards. The Immigration Bureau is being upgraded to an actual Agency (Cho), one step below a Ministry, come April.

Thoughts? Dr. Debito Arudou

Books, eBooks, and more from Dr. Debito Arudou (click on icon): Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover UPDATES ON TWITTER: arudoudebito DEBITO.ORG PODCASTS on iTunes, subscribe free “LIKE” US on Facebook at http://www.facebook.com/debitoorg https://www.facebook.com/embeddedrcsmJapan http://www.facebook.com/handbookimmigrants https://www.facebook.com/JapaneseOnlyTheBook https://www.facebook.com/BookInAppropriate If you like what you read and discuss on Debito.org, please consider helping us stop hackers and defray maintenance costs with a little donation via my webhoster: Donate towards my web hosting bill! All donations go towards website costs only. Thanks for your support! Do you like what you read on Debito.org?  Want to help keep the archive active and support Debito.org’s activities?  Please consider donating a little something.  More details here. Or even click on an ad below.

Happy New Year 2019! Annual Top Ten Human Rights list forthcoming

mytest

Hi Blog. Happy New Year 2019 to everyone! May you accomplish your goals and do what makes you happy.

Speaking of, my annual Top Ten Human Rights Issues that affected NJ residents of Japan is forthcoming. Any ideas from Debito.org Readers about what should have made the list? –Debito

UPDATE JANUARY 27:  Here it is: http://www.debito.org/?p=15528

SendaiBen on “Anytime Fitness” Sports Gym Gaijin Carding him, and how he got them to stoppit

mytest

Books, eBooks, and more from Dr. Debito Arudou (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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All donations go towards website costs only. Thanks for your support!

Hi Blog.  Here’s an instructive post from Debito.org Reader and Contributor SendaiBen.  He was told (like so many people are) that he had to surrender his Zairyuu “Gaijin Card” in order to register for service.  But as he (and many other veterans of this silliness) know, you only have to present it when asked by a member of Japan’s policing or Immigration officials to do so.  Otherwise, any form of ID (such as a Japanese driver license) that works for Japanese should work for NJ too.  

But some companies don’t know or don’t care, so they push NJ around.  Here’s how SendaiBen successfully pushed back, in the case of a sports gym (a notorious business sector towards NJ members) called Anytime Fitness.  And so can you.  Follow his footsteps.  Dr. Debito Arudou (still getting used to the new WordPress format, so please pardon some formatting creakiness).

//////////////////////////////////////////////////////

To: Debito.org
Date: November 24, 2018
From: SendaiBen

A few of my friends joined Anytime Fitness recently. They are a gym franchise that allows 24-hour access via a key card and have decent facilities and reasonable fees. They are expanding rapidly in Japan.

I went to check them out with my wife. There were a lot of things I liked, including the fact that you can work out in your street shoes (so no need to bring special shoes just for the gym), the fact they had two squat racks (very rare in Sendai), and the reasonable fees and ability to use other Anytime Fitness gyms in Japan and worldwide.

As we were going through the explanation of how to join, the guy showing us around said that my wife would need ID and her bank card to sign up, and (after confirming I was not a Japanese national — which was a nice touch, I thought) said I would need my ID, zairyu card, and bank card.

My wife gasped slightly (she knew what was coming).

I asked whether I could sign up with my driver’s license instead, and the guy said no, foreign nationals needed to provide their zairyu card.

We left soon after that without signing up. I was a bit put out as I don’t like it when companies make up unnecessary discriminatory rules. It’s not the most important thing in the world, but I think it is important to push back in these situations to prevent this kind of thing from spreading.

I went home and sent an email to the Anytime Fitness main office. Unfortunately I didn’t have time to get it checked, so it is in my fairly poor Japanese:


It basically says ‘I went into the local Anytime Fitness today and was told I need to present a zairyu card as well as other ID to sign up. I presume the staff member I talked to is working off your manual, so didn’t want to argue with them. I have three questions:
Is it actually necessary for me to present my zairyu card (cannot sign up with driver’s license)?
If it is true what is the reason? A zairyu card is an important document that can only be demanded by the police or immigration. It contains important personal information.
If it is true for what purpose will you use this personal information and how will it be managed?

I got a reply back the next day that was basically a cut and paste: we’re sorry you had an unpleasant experience and the local branch will be in touch to explain:


I replied saying that my questions were not about how the branch handled things but rather regarding their policies for signing up for membership. I then got the following the next day:

Basically it says that in order to sign up for membership you need to have one form of ID from the list (driving license, passport, health card, zairyu card, copy of jyuminhyo, my number card) and your bank card. Some bank accounts can’t be used (this actually happened to me, they were unable to use my Shinsei account so I used another one instead).

I then got an email from the gym itself:

This basically says that ‘it is not absolutely necessary to present the zairyu card’ but they use it to check the names of people that break the rules so that they can’t sign up for membership after they have been kicked out.

Of course this doesn’t make much sense as they could use a driver’s license to do the same thing, eh? 😉

I then emailed back asking if I could sign up with just my driver’s licence after all:

And got this reply shortly afterwards:

This very short email says ‘yes, you can sign up with your driver’s license’ (and doesn’t say, but I guess includes the sentiment ‘please don’t send me any more emails’).

Today I went back to the gym to sign up. I talked to a different guy and not once did the zairyu thing come up (although I noticed the first guy was in the office so presumably was instructing his colleague not to trigger the argumentative customer). I filled in some forms, showed my driving license, scanned my bank card (Shinsei didn’t work so used a different one), got my key, worked out, and went home.

Hopefully in the future they will be more careful how they phrase things. I have heard from friends in other areas of Japan that they have also run into the zairyu card thing with Anytime Fitness, so hopefully this post will give some ideas of how to push back in a calm and constructive fashion.

To be honest I wasn’t expecting the gym to back down, so I am kind of impressed with how they dealt with the situation. Obviously it would have been better if they had just taken my driver’s license in the first place, but failing that listening to my complaint and changing their stance was the best outcome I could have hoped for.

It seems more and more companies are becoming aware of the zairyu card, not just as another form of acceptable ID, but sometimes as the only form of ID they will accept from non-Japanese citizens. I personally believe that is unacceptable, so will continue to push back in this way to prevent it from spreading. I don’t want to be asked for my zairyu card by random companies as I go about my daily life. — SendaiBen

=====================
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Japan Times officially sanitizes WWII “comfort women” and “forced laborers”. Pressure on my JT Just Be Cause column too.

mytest

Books, eBooks, and more from Dr. Debito Arudou (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  The Japan Times, under new ownership since 2017, has just released information about their new wording policy, in line with tendencies in other right-leaning Japanese media towards revising Japan’s contentious history through revisionist terminology.  Make sure you read down to my comment for a little plot thickening:

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Courtesy of Shingetsu News Agency, Dec 1, 2018:


(Photo courtesy DM, from The Japan Times physical copy pg 2, Nov. 30, 2018.)

‘Comfort women’: anger as Japan paper alters description of WWII terms
Change prompts concern that country’s media is trying to rewrite wartime history under rightwing pressure
Justin McCurry in Tokyo
The Guardian, Fri 30 Nov 2018 (excerpt), courtesy of the author
https://www.theguardian.com/world/2018/nov/30/japanese-paper-sparks-anger-as-it-ditches-ww2-forced-labour-term

Japan’s oldest English-language newspaper has sparked anger among staff and readers after revising its description of wartime sex slaves and forced labourers from the Korean peninsula.

In a decision that critics said aligned it with the conservative agenda of the prime minister, Shinzō Abe, the Japan Times said it had used terms “that could have been potentially misleading” when reporting on the contentious subjects.

It was the latest media row about how to define notorious parts of the country’s wartime record.

The Japan Times, which marked its 120th anniversary last year, said in an editor’s note in Friday’s edition that it would ditch the commonly used term “forced labour” to describe Koreans who were made to work in Japanese mines and factories during its 1910-45 colonial rule over the Korean peninsula.

South Korea says there were nearly 150,000 victims of wartime forced labour, 5,000 of whom are alive.

The Japan Times said: “The term ‘forced labour’ has been used to refer to labourers who were recruited before and during world war two to work for Japanese companies. However, because the conditions they worked under or how these workers were recruited varied, we will henceforth refer to them as ‘wartime labourers.’”

The explanation appeared at the foot of an article about the South Korean supreme court’s decision this week to order Mitsubishi Heavy Industries to compensate 10 former forced labourers. The ruling, and a similar decision last month, have soured ties between Tokyo and Seoul, with Japan’s foreign minister, Tarō Kōno, calling them “totally unacceptable”.

The Japan Times, whose motto is ‘all the news without fear or favour,’ said it would also alter its description of the comfort women – a euphemism for tens of thousands of girls and women, mainly from the Korean peninsula, who were forced to work in Japanese military brothels before and during the war.

The newspaper noted that it had previously described the victims as “women who were forced to provide sex for Japanese troops before and during world war two”.

But it added: “Because the experiences of comfort women in different areas throughout the course of the war varied widely, from today, we will refer to ‘comfort women’ as ‘women who worked in wartime brothels, including those who did so against their will, to provide sex to Japanese soldiers’.”

Reporters and editors at the paper’s Tokyo headquarters greeted the decision with a mixture of anger and consternation. “People are pretty angry about the change and the fact that we were not consulted,” a Japan Times employee told the Guardian.

The revision has added to concern that sections of the media are bowing to pressure from rightwing politicians and activists to rewrite Japan’s wartime history and portray its actions on the Asian mainland in a more favourable light.

Rest of the article at https://www.theguardian.com/world/2018/nov/30/japanese-paper-sparks-anger-as-it-ditches-ww2-forced-labour-term

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COMMENT:  Now for that plot thickening:  I have been writing for the Japan Times Community Page since 2002, and under their Just Be Cause column since 2008.  I felt little editorial interference in my writing until 2017, when I found my opinions facing increased demands for substantiation (which I could provide, of course — sometimes by pointing at old JT columns that had passed editorial muster before).  But there was a decided editorial chill in the air.

Now with my ninth annual Top Ten Japan Human Rights Issues of the year as they affected NJ residents of Japan approaching, my new editor has told me to revamp my column format so that it’s not a Top Ten anymore.  Quote from a recent email dated Nov. 24, 2018:

“I wonder if it might read better to take it out of the Top 10 format and write in detail on certain cases. I would like to see something along the lines of: What did Japan do right this year, What has the potential to move forward next year, and Which area is cause for concern.” 

That’s quite a different tack.  And it seems symptomatic of a “let’s focus on the good stuff”, then add more likely “future good stuff”, and maybe mention the, er, “causes for concern” as an afterthought.

I think I’ll write up a Top Ten as usual and submit it to see what happens.  These aren’t the “good news” pages anyway, as writing about human rights is generally a dismal science (because human rights issues tend to focus on what people are doing wrong to each other, rather than what they should have been doing right in the first place).  Moreover this is not something we newspaper columnists have to be diplomatic about (i.e., those “causes for concern”) — that’s something United Nations Special Rapporteurs do when cajoling governments to be nice to people (yet even they can be pretty harsh in their criticism at times, and rightly so).

Anyway, it’s sad that the JT, the last bastion of independent mainstream journalism in English in Japan, has knuckled under — the death of honest-history-based journalism due to PM Abe’s revisionist government pressure.  I wonder what JT’s partner, the New York Times, would think of this development.  Dr. Debito Arudou

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