Pacific Affairs journal book review of “Embedded Racism”: “a timely and important contribution to social and scholarly debates about racial discrimination in Japan”

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Book Review in Pacific Affairs Journal
http://www.pacificaffairs.ubc.ca/book-reviews/book-reviews-2/forthcoming-book-reviews/ (page down)

EMBEDDED RACISM: Japan’s Visible Minorities and Racial Discrimination. By Debito Arudou. Lanham: Lexington Books, 2015. xxvi, 349 pp. (Tables, figures.) US$110.00, cloth. ISBN 978-1-4985-1390-6.

Arudou’s book is a timely and important contribution to social and scholarly debates about racial discrimination in Japan. It comes on the heels of both the Japanese government’s 2014 official claim that an anti-racial discrimination law is not necessary (third combined report to the United Nations Committee on the Elimination of Racial Discrimination [CERD]), and recent developments in Japan that have politicized the issues of dual nationality and hate speech, and even the Miss Universe Japan pageant.

Arudou draws on a quarter-century of research involving personal interviews, action research, and cataloguing, to highlight micro-level observations that illuminate the broader macro-level structural workings of the racialized dimensions of what it means to be “Japanese” in Japan. The contribution of this book is not only in its richness of information, but also in Arudou’s focus on a paradoxical blind spot in both the quotidian status quo understandings of and academic discourses on racialized social dynamics in Japan: the invisibility of visible minorities. Borrowing from Critical Race Theory (CRT), and applying its analytical paradigms present in Whiteness Studies to the case of Japan, Arudou argues that “the same dynamics can be seen in the Japanese example, by substituting ‘White’ with ‘Japanese’” (322-323). He introduces the concept of embedded racism to describe the deeply internalized understandings of “Japaneseness” that structurally permeate the psyche and sociolegal elements of Japanese society, resulting in systemic discriminatory treatments of individuals based on visible differences.

Instead of defining the Self/Other binary in oft-conceptualized terms of citizenship, he uses an original Wajin/non-Wajin heuristic. By original Wajin, he refers to visually identifiable “Japanese” who are members of Japan’s dominant and privileged majority, and for non-Wajin he refers to both invisible (e.g., ethnic minorities who can pass as “Japanese”) and visible (Gaijin, foreigners and naturalized Japanese citizens who do not “look Japanese”) minorities who are not members of Japan’s dominant and privileged majority. He uses this heuristic to parse out the nuanced sociolegal-structural logics that differentiate between not only citizens and non-citizens, but also non-citizens who can phenotypically pass as “Japanese” and citizens who cannot, in which the former is often given preferential sociolegal treatment, and the latter is often subject to overt racial discrimination.

More specifically, the book opens with a theoretical primer on race and the universal processes of racialization and nation-state formation. The author then critiques how studies on Japan often suffer from flawed conceptualizations of foreignness, viewing it as a function of either ethnic differences within the Asian-phenotype community or legal membership status, thereby overlooking overt discrimination against visible minorities that are racial in nature.

The first chapter contextualizes racial discrimination in Japan and explicates Arudou’s usage of the concept of visible minority and his theory of embedded racism in the context of Japan. The second chapter then addresses the historical roots of extant racialized understandings of “Japaneseness” by tracing national self-image narratives that Arudou argues undergird the dynamics of present-day treatments of foreigners in Japan. The next chapter surveys approximately 470 cases of establishments that have engaged in racialized refusals of entry and services and three civil court lawsuits, to demonstrate that “Japaneseness” is determined by racialized paradigms such as physical appearances (37–38).

In chapter 4, Arudou explains how Japanese nationality laws, family and resident registries, and policing regulations/practices constitute the legal underpinnings of the racialized “Japanese” identity, and asserts that Japan’s legal definition of a “Japanese citizen” is closely intertwined with “Japanese bloodlines” (11). The following chapter shifts the focus to how “Japaneseness” is enforced through exclusionary education laws, visa (residence status) regimes, and racial profiling in security policing. This chapter is supplemented with chapter 6, which highlights differential judicial treatments of those who are seen as “Japanese,” and those who are not. Chapter 7 details how media representations of “foreigners” and “Japanese” as well as the criminalization of “foreigners” popularize the racialized narratives of “Japaneseness” established by the processes discussed in chapters 4 to 6.

Chapter 8 shifts gears as Arudou turns his attention to domestic civil society and international criticisms of Japan’s embedded racism, and discusses the government’s passive reactions. Arudou traces the correspondence between the government and the (CERD) before and during its first two CERD report reviews in 2001 and 2010 (but not the most recent CERD review in 2014). Chapter 9 then takes two binaries that can be used to understand how sociolegal distinctions of “Japaneseness” are often made—by nationality (citizen/non-citizen) and by visual identification (Wajin/Gaijin)—and superimposes them to form a heuristic matrix of eleven categories of “Japanese” and “foreigner.” The author thus drives his point across that social privilege and power in Japan are drawn along lines that straddle conceptual understandings of and assumptions about both legal and phenotypical memberships. The book concludes with a final chapter on the implications of embedded racism for Japan’s future as an ageing society, and argues that Japan’s demographic predicament could be mitigated if Japan can begin eliminating its racism to create a more inclusive society for all.

The book does not touch on the voices and local/community advocacy initiatives among and on behalf of visible minorities, and stops short of systematically testing how the proposed heuristic matrix and its combinations of characteristics empirically lead to differential treatment. However, it does cover a lot of ground, and would be of interest to a wide audience, from the casual reader interested in learning about the racial dynamics in Japan, to researchers with area studies interests in Japan and/or substantive field interests in international migration, ethnic and race studies, citizenship and human rights, and advocacy politics at both the domestic and international levels. Arudou argues that Japan’s passive stance to addressing racial discrimination is “the canary in the coal mine” regarding its openness to “outsiders” (xxiii), and by starting this conversation, he addresses “the elephant in the room” that needs to be reckoned with for Japan to navigate its way through its impending demographic challenges.

— Ralph Ittonen Hosoki, University of California, Irvine, USA

Ends


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Japan Times JBC Column 104: The Top Ten Human Rights Events of 2016

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JUST BE CAUSE
justbecauseicon.jpg

Japan’s human rights issues fared better in 2016
BY DEBITO ARUDOU
The Japan Times, Jan 8, 2017, Column 104 for the Community Page

Version with links to sources

Welcome back to JBC’s annual countdown of the top issues as they affected Non-Japanese (NJ) residents of Japan. We had some brighter spots this year than in previous years, because Japan’s government has been so embarrassed by hate speech toward Japan’s minorities that they did something about it. Read on:

No. 10)  Government “snitch sites” close down after nearly 12 years…

We’ve named and shamed this before (“Downloadable Discrimination,” Zeit Gist, March 30, 2004). From Feb. 16, 2004, Japan’s Immigration Bureau had websites where anyone could anonymously rat on foreigners for any reason whatsoever — including (as a preset option) the xenophobic “repugnance and anxiety” (ken-o fuan). This occasioned calls for abolition from rights groups, including Amnesty International, and government leaders. As the Japan Federation of Bar Associations pointed out in 2005, “The program has ordinary citizens essentially spying on people suspected of being illegal aliens, which serves only to advance prejudice and discrimination toward foreigners.”

Yet Japan’s police “see no evil” when it suits them. According to the Asahi in 2015, the sites were being inundated with hate emails “slandering” Japan’s Zainichi generational Korean community. Immigration suddenly realized that false leads from trolls were a waste of time. Yep, we told you so more than a decade ago. Glad it sunk in.

9 Priyanka Yoshikawa wins Miss World Japan

This year showed us that 2015 was not a fluke. In 2015, multiethnic American-Japanese Ariana Miyamoto won the Miss Universe Japan competition as Japan’s first biracial national beauty queen. In 2016, Indian-Japanese Priyanka Yoshikawa was elected to represent Japan despite protests about whether she is a “real” Japanese. Although these events are cheer-worthy because they demonstrate that “Japaneseness” is not purely a matter of looks, they’re more important because the women’s stories of being “different” have highlighted their struggles for acceptance. When the domestic media bothers to report them, that is.

The discussion has mostly been a shallow one about “looks.” Sadly, this is par for the course. As I said to ABC NewsRadio Australia, “Why do we keep doing these 19th-century rituals? Demeaning women by putting them on a stage, making them do debasing things, and then saying, ‘This is a standard of beauty that is or is not Japanese?’ How about we just call it what it is: incitement to superficial judgment of people not as individuals but by physical appearance?” Progress made, yes, but the real progress will be when beauty pageants stop entirely.

8 Japan’s multiethnic citizens score at 2016 Olympics

Similarly, Japan’s athletes have long been scrutinized for their “foreignness.” If they are “half” or even naturalized, their “foreignness” becomes a factor no matter what.

If they do badly, “It’s the foreigners’ fault.” As seen when Japan’s men’s rugby team lost in 2011 and the nation’s rugby union criticized coach John Kirwan for using “too many foreign players” (including naturalized former NJ). The team was then ethnically cleansed. When multiethnic Japanese figure skaters Chris and Cathy Reed underperformed in 2014, Tokyo 2020 Olympics Chair Yoshiro Mori essentially labeled them leftovers, bashing them (mistakenly) as “naturalized citizens” who couldn’t make the U.S. Team.

But if they do well, they get celebrated. Remember October 2015, when Brave Blossoms, the men’s rugby team, scored an upset over South Africa, and their players’ enhanced physical strength was attributed to their multiethnicity? Suddenly the fact that many players didn’t “look Japanese” (11 were even born outside Japan) was no problem.

Same when Japanese athletes did well in Rio last year. Prominent performances by multiethnic Japanese, including Mashu Baker (Gold in Judo); members of Japan’s Rugby Sevens (the men’s team came in fourth); other members of Japan’s soccer, basketball and athletics teams; and most prominently, runner Asuka Cambridge (who missed out on Gold only to Usain Bolt) made it clear that hybrid Japanese help Japan in sports. If only people would stop putting up the extra hurdle of attributing success or failure to race.

7 Renho Murata takes helm of the Democratic Party

After years of tired leftist politics with stale or uninspiring leaders, last September the main opposition Democratic Party made young and dynamic Taiwanese-Japanese politician Renho Murata its leader. It was the first time a multiethnic Japanese has ever helmed a major party, and immediately there were full-throated doubts about her loyalties. Media and politicos brought up Renho’s alleged ties to untrustworthy China (even though Taiwan and China are different countries; even the Ministry of Justice said that Taiwanese in Japan are not under PRC law), or that she had technically naturalized (Renho was born before Japanese citizenship could legally pass through her mother) but had not renounced her dual citizenship, which wasn’t an issue when she was a Cabinet member, nor when former Peruvian President and dual citizen Alberto Fujimori ran for a Diet seat in 2007 (Zeit Gist, May 5, 2009).

Whatever. Renho has proven herself a charismatic leader with an acerbic wit, ready to ask difficult and pointed questions of decision makers. She famously did so in 2009, during deliberations to fund the “world’s most powerful computer,’ when she asked, “What’s wrong with being number two?” The project still passed, but demanding potential boondoggles justify themselves is an important job. The fact that Renho is not cowed by tough questions herself is good for a country, which with 680,000 Japanese dual citizens deserves fresh unfettered talent with international backgrounds.

6 Abubakar Awudu Suraj case loses once and for all

This has made the JBC annual Top 10 several times, because it’s a test case of accountability when NJ die in official custody. In 2010, Ghanaian visa overstayer Abubakar Awudu Suraj was so “brutally” (according to this newspaper) restrained during deportation that he was asphyxiated. Suraj’s widow, unsuccessfully seeking justice through Japan’s criminal justice system, won civil damages from the Immigration Bureau in a 2014 Tokyo District Court decision. However, last January, the Tokyo High Court overturned this, deciding that the lethal level of physical force was “not illegal” — it was even “necessary” — and concluded that the authorities were “not culpable.” Suraj’s widow took it to the Supreme Court, but the appeal was rejected last November.

Conclusion: Life is cheap in Japan’s Immigration detention systems (Reuters last year reported more NJ deaths in custody due to official negligence). And now our judiciary has spoken: If NJ suffer from a lethal level of force — sorry, are killed by police — nobody is responsible.

5 2016 Upper house elections seal Shinzo Abe’s mandate

Past JBC columns on Japan’s right-wing swing anticipated that Prime Minister Shinzo Abe would capitalize on the left’s disarray and take Japan’s imagined community back to an imagined past. Sure enough, winning the Upper House elections last July and solidifying a majority in both houses of Parliament, he accomplished this hat trick. Since then, Abe’s popular support, according to the Asahi, remains at near record-highs (here and here). There’s even talk of changing the rules so he can be PM beyond his mandated five-year term.

That’s it then, really. Everything we feared his administration would do since 2012 is all coming to pass: the dismissing of universal human rights as a “Western concept,” the muzzling and intimidation of the press under a vague state secrets act, the deliberate destabilization of East Asia over petty territorial disputes, the enfranchising of historical denialism through a far-right cabal of elites, the emboldening of domestic xenophobia to accomplish remilitarization, the resurgence of enforced patriotism in Japan’s education system, the further exploitation of foreign workers under an expanded “trainee” program, and the forthcoming fundamental abrogation of Japan’s “Peace Constitution.”

Making Japan “great” again, similar to what’s happening in the United States under President-elect Donald Trump, has been going on for the past four years. With no signs of it abating.

4 Next generation of “Great Gaijin Massacres” loom

In April 2013, Japan’s Labor Contracts Law was amended to state that companies, after five years of continuous contract renewals, must hire their temporary workers as “regular employees” (seishain). Meant to stop employers from hiring people perpetually on insecure contract jobs (“insecure” because employees are easily fired by contract nonrenewal), it is having the opposite effect: Companies are inserting five-year caps in contracts to avoid hiring people for real. Last November, The Japan Times reported on the “Tohoku University job massacre,” where 3,200 contract workers are slated to be fired en masse in 2017.

JBC sees this as yet another “Gaijin as Guinea Pig” scenario (ZG, July 8, 2008). This happened in Japanese academia for generations: Known as “Academic Apartheid,” foreign full-time scholars received perpetual contract employment while Japanese full-time scholars received permanent uncontracted tenure from day one. This unequal status resulted in the “Great Gaijin Massacre” of 1992-4, where the Ministry of Education (MOE) told National and Public Universities not to renew the contracts of foreigners over the age of 35 as a cost-cutting measure. Then from 1997, the MOE encouraged contract employment be expanded to Japanese full-time educators. From 2018, it will be expanded to the nonacademic private sector. It’s a classic case of Martin Niemoller’s “First they came …” poem: Denying equal rights to part of the population eventually got normalized and applied to everyone.

3 The government surveys NJ discrimination

Japan has been suddenly cognizant of “foreigner discrimination” this year. Not “racial discrimination,” of course, but baby steps. The Asahi kicked things off in January by reporting that 42 percent of foreign residents in Tokyo’s Shinjuku Ward encountered some form of discrimination, and nearly 52 percent of that was in finding apartments. Glad to have the stats, albeit localized.

Then the Ministry of Justice’s Bureau of Human Rights conducted its first-ever nationwide survey of discrimination toward longer-term NJ residents by mailing them a detailed multilingual survey (available at www.debito.org/?p=14298), asking questions specifically about unequal treatment in housing, employment, education, social situations, etc. It even mentioned the establishment of “laws and regulations prohibiting discrimination against foreigners” (not a law against discrimination by race, natch).

Although this survey is well-intentioned, it still has two big blind spots: It depicted discrimination as 1) due to extranationality, not physical appearance, and 2) done by Japanese people, not the government through systemic racism embedded in Japan’s laws and systems (see my book “Embedded Racism” for more). As such, the survey won’t resolve the root problems fundamental to Japan’s very identity as an ethnostate.

2 Blowback involving NJ tourism and labor

Japan’s oft-touted sense of “selfless hospitality” (omotenashi) is an odd thing. We are seeing designated “foreigner taxis” at Kyoto Station (with a segregated stop), “foreign driver” stickers on Hokkaido and Okinawa rental cars stigmatizing NJ tourists (and NJ residents touring), and media grumblings about ill-mannered Chinese crowding stores, spending scads of money (diddums!) and leaving behind litter. (Japan’s tourist sites were of course sparkling clean before foreigners showed up. Not.)

Then there’s the omnipresent threat of terrorism, depicted for years now by the government as something imported by foreigners into a formerly “safe Japan” (although all terrorist acts so far in Japan have been homegrown). To that end, 2016 was when Japan’s Supreme Court explicitly approved police surveillance of Muslim residents due to their religion. (What’s next? Surveilling foreign residents due to their extranationality?)

Yet foreigners are a necessary evil. Japan still needs them to do its dirty work in the construction, manufacturing, agriculture, fishery and nursing sectors. So this year the foreign “trainee” work program was expanded, along with measures against abuses. About time — bad things, including NJ slavery and child labor have been happening for decades, with the Health, Labor and Welfare Ministry acknowledging that about 70 percent of employers hiring “trainees” engage in illegal labor practices. Omotenashi has been counterweighted by government-sponsored exploitation of NJ, and now with the upcoming 2020 Olympics, there’s plenty more dirty work out there.

And after all this, 2016 offered one big bright spot:

1 Hate speech law gets passed — and enforced

Japan’s first law protecting “foreigners” from group denigration in public was passed nationwide in May. JBC (Feb. 1) heralded it as a step in the right direction. Critics quickly pointed out its shortcomings: It doesn’t actually ban hate speech, or have penalties for violators, and it only covers people of overseas origin “who live legally in Japan” (meaning “foreigners,” but not all of them). Plus it skirts the issue of racial discrimination, natch.

However, it has had important effects. The law offered a working definition of hate speech and silenced people claiming the “Western construct” of hate speech didn’t exist in Japan. It also gave Japan’s bureaucrats the power to curtail haters. The Mainichi Shimbun reported that this year’s xenophobic rallies, once daily on average somewhere in Japan, had decreased. Rallies also reportedly softened their hateful invective. Since Japan’s outdoor public gatherings need police and community approval (ZG March 4, 2003), even an official frown on hatred can be powerful.

Official frowning spread. The National Police Agency advised prefectural police departments to respond to hate speech demos. A court banned a rally in a Korean area of Kawasaki for “illegal actions that infringe upon the personal rights for leading a personal life.” Another court ordered hate group Zaitokukai to compensate a Zainichi Korean for public slurs against her. Both judges cited the United Nations Convention on Racial Discrimination, which has been ignored in lawsuits against “Japanese only” establishments.

These are remarkable new outcomes in a society loath to call “No Foreigners Allowed” signs discriminatory, let alone order police to take them down. Progress to build upon.

Bubbling under the top 10

11 Population of registered NJ residents reaches record 2.23 million despite significant decreases in recent years.

12 “Special economic zones” expand to the aging agriculture sector, and want “skilled foreigners” with college degrees and Japanese-language ability to till fields on three-year visas. Seriously.

13 The Nankai Line train conductor who apologized to passengers for “too many foreigners” on an airport-bound train is officially reprimanded, not ignored.

14 Osaka sushi restaurant Ichibazushi, which was bullying foreign customers by deliberately adding too much wasabi, is forced by social media to publicly apologize.

15 Debito.org’s archive of human rights issues in Japan celebrates its 20th Anniversary.

——————–
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Onur on Fukuoka hotel check-ins in: Police creating unlawful “foreign passport check” signs in the name of (and without the knowledge of) local govt. authorities!

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Hi Blog.  Onur, our local watchdog on Japan’s hotel policies towards “foreign guests”, has submitted another report, this time on hotels in Fukuoka.  The last case he submitted exposed how police in Mito, Ibaraki Prefecture, were deliberately lying about the law to create notices requiring the racial profiling of all “foreigners” at hotel check ins.  Now in Fukuoka the same thing is happening, only worse:  Fukuoka Prefectural Police are creating erroneous signs in the name of local government authorities without the knowledge of those local authorities!

This is odious.  Given the recent Debito.org report about racist check-ins at Sakura Hotel in Jimbocho, Tokyo (done according to the hotel itself “to provide safety for our guests“, whatever that means), and the fact that I uncovered this unlawful practice more than ten years ago in my Japan Times columns (“Creating laws out of thin air,” Zeit Gist, March 8, 2005; “Ministry missive wrecks reception,” ZG, Oct. 18, 2005, and “Japan’s hostile hosteling industry,” JBC, July 6,2010), it seems the problem is nationwide and systemic.  Our police forces continue to enlist the public in their racial profiling of “foreigners” (whether or not they are tourists or residents of Japan), whether or not the law or the local authorities permit them to. (It doesn’t.)

Read on for Onur’s latest.  Well done.   Dr. ARUDOU, Debito

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

Date: Nov. 17, 2016
From: Onur
Hello Dr. Debito,

I am Onur, who sent the poster that Ibaraki Police distributed to the Hotels. I had a similar experience in Fukuoka. I stayed in S.B Hotel Hamanomachi. I saw the attached poster on the reception desk. I asked permission and took a photo it. It clearly says that they ask every foreigner to present his/her passport.

20161030_175006b

However, I just wrote my Japanese address to guest registration form during check-in and the reception did not ask me to show a passport or a card. The check-in was smooth.

Later I stayed in Hotel New Gaea Hakata-Eki Minami. The reception asked my passport. I said I don’t carry it. Then they asked my residence card. I don’t have to show it but I showed my residence card to reassure them. Then the receptionist took my card and went to another room without saying anything. I was shocked. I asked what are you doing? He said he is copying my residence card. I said no. According to the law as I am a foreigner with an address in Japan, no copying is necessary. Then the receptionist was shocked when I said no. He did not say anything and gave my card back to me.

I decided to solve this problem by contacting the people in charge. At the bottom of the poster, it is written “Health Center in Fukuoka Prefecture and Fukuoka Prefectural Police”. Therefore, first, I went to Central Health Center (中央保健所) in Fukuoka City. I talked with the person in charge for the hotels. He was very friendly and helpful. I showed the poster in the first hotel and told the incident in the second hotel. He said that even though the poster says “Health Center in Fukuoka Prefecture” at the bottom of the poster, the poster is not prepared by the health center and he has never seen this poster before. He said the information in the poster is definitely wrong and the poster may have been prepared by the hotel. He said they will contact to those two hotels and warn them.

Then I went to Fukuoka Prefectural Police Headquarters. I showed the poster and asked to talk with the officer in charge. As the prefectural headquarters is very big, it took a long time to find out the officer in charge. Three officers came. They were friendly and willing to solve the problem. First I showed the poster. They accepted that the police printed the poster and distributed to the all hotels in Fukuoka prefecture. I showed the official announcement of the Health, Labour and Welfare Ministry at https://www.city.shinjuku.lg.jp/content/000062471.pdf and said that their poster is clearly different. They were very surprised. It seems that they did not know the details of the hotel law and regulations well. They could not understand what is wrong in their poster. I gave a long speech about the law and the guidelines of the ministry. They finally understood the problem and apologized. They said they will check it in detail and fix the poster.

A few days later I got a phone call from the police. They apologized again. They said they will print a new poster, but it may take a long time to replace all the posters in the prefecture. They said they will ask the hotels to check only the residence card without copying it to verify the address, if the foreigner guest says he has an address in Japan. I said it is wrong again. I said “I called the ministry and they told me that there is no need to check the residence card or passport if a foreigner says he is living in Japan and writes the Japanese address to check-in form. Please call the ministry for the details and follow their guidelines exactly”. Later the Central Health Center in Fukuoka called me. They said they talked with those two hotels and also the police headquarters and warned them about following the rules. They said please call us if you experience such a problem again.

In short, if you experience such a problem in a hotel, I think the best way to solve is to contact the local Health Center, which is the local authority over the hotels, and also the police headquarters if they are involved.

Best Regards,
Onur
ENDS

===========

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My Japan Times JBC column 102, Oct 31, 2016: “U.S. and Japan elections: Scary in their own ways “

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JUST BE CAUSE
justbecauseicon.jpg

U.S. and Japan elections: scary in their own ways
Subtitle:  American political campaigns can be frighteningly tribal while fear of the foreign permeates polls here
By Dr. ARUDOU, Debito, October 31, 2016
Column 102 for the Japan Times Community Page

Happy Halloween. Let’s talk about something really scary: elections in the United States and Japan.

I say scary because these countries are the No. 1 and No. 3 largest economies in the world, not to mention representative democracies considered too big to fail. Yet the way things are going is truly frightening.

Let start with election campaigns in the U.S., since they are probably very familiar and fresh to readers:

The U.S.: two tribes go to war […]

Read the rest in The Japan Times at http://www.japantimes.co.jp/community/2016/10/30/issues/u-s-japan-elections-scary-ways/

======================
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Mainichi: Effect of new anti-hate speech law spreads to executive, judicial branches

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When Japan’s first actual law against hate speech was passed in January this year, critics (naturally) decried it as a means to stifle freedom of speech. I took exception to that, saying that it was a step in the right direction, at least. Recent articles in the Mainichi Shinbun seem to bear that out. Here is is the second of three (the first is here), talking about the positive effects of the law, where once-daily hate rallies are down, xenophobic language is softened and made less normalized, administrative organs now have means of enforcement, and even court cases are ruling in favor of targeted victims. Good. Read on.  Dr. ARUDOU, Debito

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

Effect of new anti-hate speech law spreads to executive, judicial branches

June 6, 2016 (Mainichi Japan)
http://mainichi.jp/english/articles/20160606/p2a/00m/0na/012000c

Bulletin boards at the Ministry of Justice in Tokyo’s Kasumigaseki district are filled with 49 posters calling against hate speech campaigns, in this picture taken on June 3, 2016. The anti-hate speech law went into force that day. (Mainichi)

A new law aimed at eliminating hate speech campaigns, which instigate rejection of specific racial or ethnic groups from local communities, came into force on June 3. While the legislation has proven effective in some parts of the country, such as in Kawasaki where the court handed down a provisional injunction banning a hate speech rally in an area home to many Korean residents, there remain challenges that need to be addressed.

【Related】NPA to crack down on hate speech demonstrators through existing legislation
【Related】Court bans planned anti-Korean hate speech rally in Kawasaki
On June 5, a hate speech demonstration in Kawasaki was called off after participants were surrounded by hundreds of citizens protesting against the rally and police urged them to discontinue the event. The organizers terminated the rally after demonstrators paraded only about 10 meters down the road, in what was going to be the country’s first such demonstration since the anti-hate speech law came into effect.

The incident came three days after the Kawasaki branch of the Yokohama District Court issued a provisional injunction prohibiting a hate speech demonstration within a 500-meter radius of the office of a social welfare organization supporting Korean residents in the city. The decision forced organizers of the June 5 rally to change their plans, including the location for the event.

In October 2013, the Kyoto District Court handed down a ruling banning the Zaitokukai (Citizens against the special privileges of Korean residents in Japan) from staging hate speech demonstrations near the then Kyoto No. 1 Korean Elementary School and ordered the group to pay compensation. The ruling accused those demonstrations of “racial discrimination” in light of the International Convention on the Elimination of All Forms of Racial Discrimination. The ruling was later finalized by the Supreme Court.

The June 2 provisional injunction issued by the Yokohama District Court’s Kawasaki branch also quoted the same international treaty, as well as the anti-hate speech law that had just been enacted in May. The ruling called hate speech rallies “illegal actions that infringe upon the personal rights for leading a peaceful life” and pointed out that grossly illegal hate speech campaigns, such as repeating loud chants with bullhorns, lie “outside the bounds of freedom of assembly and freedom of expression guaranteed under the Constitution.”

“The ruling conveys the court’s indignation over hate speech,” said a senior official at the Ministry of Justice about the provisional injunction going as far as to ban a planned hate speech demonstration in advance. The ministry was behind the submission of the anti-hate speech bill to the Diet.

Signs of change are also emerging in police responses over the issue. In step with the anti-hate speech law coming into effect, the National Police Agency issued a notice to prefectural police departments across the country asking them to strictly respond to hate speech demonstrations by making full use of existing legislation such as that against defamation and contempt.

Because the anti-hate speech legislation does not have any punitive provision or clause prohibiting such activities, it is impossible to crack down on hate speech with the law alone. It is said the use of roads for any demonstration must be granted in principle. Nonetheless, hundreds of riot police and other officers from Kanagawa Prefectural Police were mobilized at the site of the June 5 rally to prepare for any emergencies.

Yasuko Morooka, a lawyer who authored a book titled “Hate Speech towa nanika” (What is hate speech?), hails the anti-hate speech legislation, saying, “The law provides support for courts, local bodies and police in making a decision on their strict responses to hate speech.”

The new law, however, has its own limits. In order to provide relief to victims who suffered damage from hate speech, they still need to prove in detail violations of their personal rights and defamation, just as they needed to before the law came into effect. The June 2 provisional injunction banning a hate speech rally became viable as there existed crystal-clear damage in Kawasaki, where the organizers of the planned rally had repeatedly staged similar demonstrations on about a dozen occasions.

A senior Justice Ministry official said, “The court decision could be different if the expression used in the announcement for a hate speech demonstration was different. I’m not sure if the courts would issue a similar provisional injunction in other cases.”

ENDS

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

Original Japanese:
クローズアップ2016
ヘイトスピーチ 新法効果、行政・司法に
http://mainichi.jp/articles/20160606/ddm/003/040/070000c
毎日新聞2016年6月6日 東京朝刊

特定の人種や民族を地域社会から排斥することを扇動するヘイトスピーチの解消をうたった対策法が3日、施行された。ヘイトスピーチを伴う街宣活動(ヘイトデモ)について、川崎市内の在日コリアン集住地域での実施を禁じる司法判断が出るなど早くも新法の波及効果が出ているが、なお課題も残る。

厳しい対応、後押し
対策法施行後、最初とみられるヘイトデモが5日に予定されていた川崎市。主催者側は道路で行進しようとしたが、デモに反対する数百人の市民らが取り囲むなど騒然とした雰囲気に包まれ、約10メートル進んだところで警察の説得を受け入れて中止となった。

今回のデモを巡っては、横浜地裁川崎支部が2日、在日コリアンが多いエリアにある事務所から半径500メートル以内での実施を禁じる仮処分を決定。主催者側は場所などの計画の変更を迫られた。

こうした司法判断の先例としては、京都朝鮮初級学校(京都市)前での街宣活動を巡る京都地裁判決(2013年10月)がある。国連の人種差別撤廃条約を根拠に街宣を「人種差別」と指摘し、周辺での街宣禁止と損害賠償を「在日特権を許さない市民の会」側に命じた(最高裁で確定)。

2日の仮処分決定の特徴は、同条約に加えて先月成立したばかりの対策法を引用した点にある。対策法が定義するヘイトスピーチを「平穏に生活する人格権に対する違法な侵害行為」ととらえた上で、拡声機を使って大音量で繰り返すなどヘイトデモの違法性が著しいケースは「憲法が定める集会や表現の自由の保障の範囲外」と指摘した。デモを事前に差し止めるという踏み込んだ判断に、法務省のある幹部は「ヘイトスピーチに対する裁判所の憤りを感じる」との感想を漏らした。

警察の対応にも変化の兆しがみられる。警察庁は施行に合わせて、(名誉毀損(きそん)罪や侮辱罪などの)現行法を駆使してヘイトデモに厳しく対処するよう各都道府県警に通達。対策法は禁止や罰則がない「理念法」で、ヘイトスピーチ自体を取り締まることはできない。デモの前提となる道路使用も原則許可しなければならないとされる。それでも、5日の現場には、神奈川県警の機動隊員など数百人を動員し、不測の事態に備えた。

「ヘイト・スピーチとは何か」の著書がある師岡康子弁護士は対策法の意義について「裁判所や自治体、警察がヘイトスピーチに厳格に対処する判断の後押しになってきている」と語る。

もちろん、効果には限界もある。ヘイトスピーチの被害救済についても、被害者側が人格権侵害や名誉毀損などを具体的に証明する必要があるという状況は施行前と変わらない。2日の仮処分決定は、主催者側が過去十数回、市内で同種デモを繰り返しており、被害が明白だったことが差し止めを可能とした。

法務省幹部は「例えば、デモを呼びかける告知の表現が一つ違えば司法判断は変わりうる。他のケースで差し止めが認められるかは分からない」と言う。【鈴木一生、川上晃弘】

各自治体、試行錯誤 努力義務に温度差
法務省が3月公表した実態調査(2012年4月〜15年9月)によると、ヘイトデモの発生のピークは13、14年だが、「沈静化したとは言えない状況」にある。こうした中、スタートした対策法は国にヘイトスピーチ解消の責務を、自治体には努力義務を課しているが、その「努力」には温度差がある。

5日に中止となった川崎市内のデモでは、市は事前に、主催者側が集合場所として申請した公園2カ所の使用を許可しなかった。対策法が定義する「差別的言動」に当たると判断したためだ。市人権・男女共同参画室は「難しい判断だった。新法なしに不許可は出せなかった」。仮処分決定と同様、市が対策法の趣旨を最大限生かそうとしたことがうかがえる。

逆に、名古屋市では先月29日、同市中区の公園を出発点にヘイトデモが行われた。「(利用申請の)書類に不備がない」ことが許可の理由だった。河村たかし市長は翌日の記者会見で「何をしてもいいというわけではないが、表現の自由も大事」と述べた。

独自の取り組みを進める自治体もある。大阪市では7月1日、ヘイトスピーチ抑止に向けた全国初の条例が施行される。市に被害の申し立てがあれば、国際法学者や弁護士らでつくる審査会が「ヘイトスピーチに該当するか」を調査。答申を受けた市長が「該当する」と判断した場合、その内容と団体・個人名を市のホームページで公表する。ネット上の差別的な書き込みも施行日以降に残っていれば対象になる。吉村洋文市長は「法律は(被害者救済のための)具体的な措置がなく不十分。市条例には盛り込まれており、抑止になる」と強調する。【太田圭介、三上剛輝、岡崎大輔】

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

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Mainichi: After Osaka hate speech ordinance adopted, daily xenophobic marches decrease, hateful language softened

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Hi Blog. When Japan’s first actual law against hate speech was passed in January this year, critics (naturally) decried it as a means to stifle freedom of speech. I took exception to that, saying that it was a step in the right direction, at least. Recent articles in the Mainichi Shinbun seem to bear that out. Here is one of three, talking about the positive effects of the law, where once-daily hate rallies are down, xenophobic language is softened and made less normalized, administrative organs now have means of enforcement, and even court cases are ruling in favor of targeted victims. Good. Read on. Dr. ARUDOU, Debito

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

From:  JK
Hi Debito. Have a look here:

1 month after anti-hate speech law adopted, marches down, language softened
http://mainichi.jp/english/articles/20160724/p2a/00m/0na/003000c

“The thinking of those putting out hate speech and the (essential) content of what they say may not change, but at least on the surface we can see the effects of the countermeasures. It seems (for example) that the organizers are not allowing demonstrators who often say extremist things to have bullhorns.”

“Preventing hate marches through the law thus depends not on cracking down on such actions, but on government policies that put a stop to discrimination.”

Seems like the law is doing a decent job of treating the symptoms, but is obviously unable to deal with the underlying problem due to the absence of an anti-racial discrimination law on the books.

In other news, the German Justice Minister wants harsher action against hate speech online:
http://www.breitbart.com/london/2016/07/19/german-justice-minister-harsher-action-hate-speech/

Regards, JK

Full article:

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

1 month after anti-hate speech law adopted, marches down, language softened
July 24, 2016 (Mainichi Japan)
http://mainichi.jp/english/articles/20160724/p2a/00m/0na/003000c

A protest banner reading “sever Japan and South Korean relations” and a counter “anti-racism” protest’s banner written in English are seen in Chuo Ward, Tokyo, on June 19, 2016. (Photo credit: Mainichi)

One month after a new anti-hate speech law was put into effect, and following the introduction of the nation’s first local anti-hate speech ordinance in the city of Osaka on July 1, the Mainichi Shimbun investigated how much effect these new measures have had in putting an end to hate-speech protests.

A citizen’s group that accuses the Osaka ordinance of “discriminating against Japanese” and was planning a demonstration in front of the Osaka Municipal Office on July 12 listed the following among its notices for its demonstrators: “Please don’t use placards with extreme content,” and “No flags with swastikas or other things that will invite misunderstanding.”

The demonstration was canceled due to rain, so what exactly was meant by “extreme content” is unknown, but it seems likely the group was trying to limit language that insults and rejects ethnic Koreans in Japan.

Mun Gong Hwi, an ethnic Korean, is head of the secretariat of “Hate Speech o Yurusanai! Osaka no Kai” (don’t allow hate speech! Osaka group), which has applied based on the Osaka ordinance for recognition as a target of hate speech. Mun says, “In a street demonstration by a hate group in April, there was a moment when one participant started to use blatantly offensive language to attack Koreans, and the organizers hurried to stop them. The number of hate demonstrations has also fallen greatly since around the time of the ordinance taking effect.”

Under the Osaka ordinance, if the mayor authorizes it, individuals or groups that have conducted hateful behavior toward others can have their names publicized, but so far this aspect of the ordinance has not been used. Mun adds, “The drop in (hate) demonstrations may just be because they are watching to see how things develop.”

In Ginza, Tokyo, where since around last year there has been a marked increase in hate demonstrations, there have also been changes since the new legal measures. During a demonstration on June 19, instead of banners insulting Koreans, protesters carried banners calling for severing relations between Japan and South Korea, apparently having chosen to avoid ethnically-charged language and instead place emphasis on their political argument.

Masayuki Watanabe, associate professor at Daito Bunka University, who has been urging Ginza commerce and industry associations and the ward assembly to take action against hate speech, says, “The thinking of those putting out hate speech and the (essential) content of what they say may not change, but at least on the surface we can see the effects of the countermeasures. It seems (for example) that the organizers are not allowing demonstrators who often say extremist things to have bullhorns.”

The response of police and the government administrations to hate marches has also changed. On June 5, just after the execution of the new law, the Kawasaki Municipal Government refused to give permission for a park to be used for a protest targeting the social welfare corporation “Seikyu-sha,” which gives support to the many ethnic Koreans living in the city’s Sakuramoto district. Additionally, the Kawasaki branch of the Yokohama District Court called the hate speech demonstrations “an illegal violation of human rights” and prohibited them from being held near the Seikyu-sha building.

Kanagawa Prefectural Police gave permission for the demonstration to be held in a different street location, but protesters staged a sit-in. The police urged the organizers to call off the demonstration for safety reasons, and it was canceled.

Tomohito Miura, the head of Seikyu-sha’s secretariat, says, “Before the anti-hate speech law was created, the police wouldn’t even tell us the routes planned for the demonstrations, and it was we who were treated like an illegal group. The police wouldn’t protect us from hate demonstrations in our neighborhoods, and government services would say, ‘There is only so much we can do under the current law.’ We were on the receiving end of these three layers of damage.” He was complimentary, however, toward the efforts of government organs, the judiciary, police and citizens since the passage of the law, saying, “It is a definite step forward that we were able to stop the demonstration.”

While vulgar insults from these hate marches may be disappearing from the streets, the question remains whether the new law will be effective in combatting discrimination. In deference to the Constitution’s guarantee of freedom of speech, the law does not forbid anything or include any punishments, but it makes it the national government’s responsibility to set up help for victims of hate speech and to work to educate and provide awareness to the public to stop the speech from occurring. It also calls on municipal governments to work toward these goals. Preventing hate marches through the law thus depends not on cracking down on such actions, but on government policies that put a stop to discrimination.

The Ministry of Justice’s Human Rights Bureau dispatched employees not only for the planned Kawasaki demonstration, but also for ones in the cities of Fukuoka and Osaka after the new law went into effect. Using tools such as videos and posters, they are trying to educate people about hate speech. However, the bureau emphasizes, “The law does not involve applying any kind of legal effect when there is a case of hate speech.”

Following the implementation of the new law, the Ministry of Education, Culture, Sports, Science and Technology instructed prefectural boards of education to take “appropriate responses.” When asked what kind of education is an appropriate response to the law, the ministry’s Social Education Division said, “Efforts that are adapted to the circumstances, such as whether there are many foreigners in an area, are needed. However, we mustn’t stir up settled problems through this education.” While there is some truth to what the division says, it does seem they are still trying to find their footing on how to proceed.

Will other parts of Japan do the same as the Osaka Municipal Government and establish local ordinances against hate speech? When asked about specific future policies on hate speech, the human rights and gender-equality section of the Kawasaki Municipal Government was tight-lipped, saying its policy was being carried out “at the discretion of the mayor.” When pressed, a representative said, “Regarding things like refusing permission to allow use of the park (for the hate demonstration), I hear there is a movement to sue the municipal government for discriminating against Japanese people. We don’t want to reveal our plans.” Apparently, like the demonstrators, the government side is watching to see what the other does.

If another hate demonstration is planned in Kawasaki, will the citizens have no choice but to stage a sit-in and wait for police intervention? Miura says, “The fact that police gave permission for the June demonstration to be held in the street shows the current limits (of the law). We can’t ask the police and government services to do everything. Next time, we will have to stop the demonstration in a different way. The work to overcome the limits of the law has just begun.”

Not limited to just fighting against hate speech, Miura says Seikyu-sha will work with the municipal government to advance effective ordinances and guidelines that promote the coexistence of different cultures.

Regarding the city of Osaka, which has its own anti-hate ordinance, Mun says, “We don’t yet know the extent of the effects of the anti-hate law or the ordinance. This is why we want to use the ordinance as much as possible and discover exactly what it can do and what it can’t. Based on that, if necessary, we want to pursue revision of the ordinance to restrict hate speech itself.” This position of wanting to observe what happens and then compensate for any deficiencies in the anti-hate legislation is one shared by Miura and the others at Seikyu-sha.

Always accompanying the hostile feelings of the hate demonstrations is the shadow of war. The targeting of the Sakuramoto area was triggered by a protest in September last year by elderly ethnic Koreans against the bills for the new security laws. Wearing traditional Korean garb, the protesters were based out of the “Fureai-kan,” a facility managed by Seikyu-sha.

“The hate demonstration was clearly in revenge for that,” says Miura.

One of the participants in the anti-security laws protest, first-generation Korean immigrant Kim Bang Ja, 85, is also a student of literacy at the Fureai-kan. She was about 5 when she came to Japan, following her father who worked in a coal mine in Yamaguchi Prefecture. Busy with looking after her younger sister and doing household chores, she says she was only able to go to school for about one year. When the anti-hate law was passed in May this year, she was sitting as an observer in the Diet. She wrote her impressions about the law in a composition in her literacy class.

After describing how she disliked being insulted with foul language, she wrote, “Let’s stop doing that kind of thing and get along.” Although overall the writing was inconsistent, for this part alone it was particularly large and strong.

“My hand was shaking because I was writing in ink,” says Kim, adding, “If people talk they can come to an understanding. We have to get along with each other and not hate others.”

Will these words get through to those who participate in the hate demonstrations? The first step to realizing the ideals put forward in the anti-hate law is surely having communication between the two sides.

ENDS
Japanese version:
==============================
特集ワイド
ヘイト対策法施行1カ月の現場を見る 差別許さぬ包囲網 デモ隊は規制警戒、侮蔑・排外的表現控え
毎日新聞2016年7月15日 東京夕刊
http://mainichi.jp/articles/20160715/dde/012/040/015000c

6月19日、銀座で行われたデモでは、「日韓断交」という標語が目立った。手前の沿道からは市民が「反レイシズム」と英語で書かれたプラカードを掲げ抗議した=東京都中央区で2016年6月19日、井田純撮影

特定の人種や民族に対しての差別的な言動解消を目指すヘイトスピーチ対策法施行から1カ月が過ぎた。1日には大阪市で全国初のヘイトスピーチ抑止条例が施行された。法律や条例といった規制で、差別はどこまでなくなるのか。ヘイトデモの現場を歩きながら考えた。【井田純】

「過激な内容のプラカードはご遠慮ください」「ハーケンクロイツ(ナチス・ドイツが用いたシンボルマーク)など、誤解を招くような旗は禁止」

大阪市ヘイトスピーチ抑止条例は「日本人差別法だ」と主張する市民団体が12日に市役所前で予定していた街頭宣伝活動の案内文には、こんな注意事項があった。活動は雨で中止になったため、「過激な内容」が何を意味するかは分からないが、在日コリアンを侮辱したり、排斥したりといった言動は控えようという姿勢がうかがえる。

「4月に市中心部で行われたヘイトグループの街宣で、参加者の一人が『朝鮮人が』と露骨な表現で攻撃を始めると主催者があわてて制止する場面があった。デモの回数も条例施行前後からめっきり減っています」

こう話すのは、抑止条例に基づき被害申し立てを行った「ヘイトスピーチを許さない!大阪の会」の事務局長で在日コリアンの文公輝(ムンゴンフィ)さんだ。条例は市長が認定すればヘイト行為をした個人名や団体名などが公表されるが、まだその条例適用事例はない。「デモが減ったのも、ただ単に様子を見ているだけかもしれません」

昨年あたりから、ヘイトデモが目立つようになった東京・銀座でも、変化が見られる。先月19日に行われたデモでは、在日コリアン罵倒のプラカードでなく、複数の「日韓断交」ののぼりが目立った。民族を排斥する表現を避けて、政治的主張に力点を置いたものと見られる。

銀座の商店会や区議にヘイト対策を働きかけている渡辺雅之・大東文化大准教授は「ヘイト側の考え方、中身は変わらないかもしれないが、少なくとも表面的には対策法の影響がうかがえる。主催者も、特に過激な発言が多い参加者には拡声機を持たせないようにしているようだ」と分析する。

警察や行政の対応も変わった。対策法施行直後の6月5日、在日コリアンが多く住む川崎市・桜本地区で、彼らの支援を続ける社会福祉法人「青丘社」をターゲットにしたヘイトデモ計画に対し、市は同所近くの公園利用の不許可を決定。横浜地裁川崎支部はヘイトデモを「人格権に対する違法な侵害行為」と認定し、法人近くでのデモを禁止した。神奈川県警は市内の別の地区で道路使用を許可したが、抗議する市民が座り込みを行い、安全上の理由から中止するよう県警が主催者に働きかけ、デモは中止になった。

「対策法ができる前は、警察からデモコースも教えてもらえず、こちらが不法集団のように扱われてきた。自分たちの生活圏で行われるヘイトスピーチ、人権被害から守ってくれない警察、『現行法でできることに限界がある』という行政。この『三重の被害』を受けてきたんです」。青丘社の三浦知人事務局長はこう振り返りながらも、法施行後の行政、司法、警察、市民による手探りの努力について「結果としてデモを阻止できたのは、確実な一歩です」と評価した。

口汚い罵倒は街頭から消えつつある。法で差別解消が実現されるのだろうか。

行政の限界、市民が埋める取り組み
対策法は、憲法が保障する「表現の自由」を尊重し、禁止規定や罰則のない理念法だ。運用については、相談体制整備や教育、啓発活動を国の責務とし、自治体にも同様の努力を求めている。抑止効果は、行為への取り締まりではなく、差別をなくす行政の政策にかかっているのだ。

法務省人権擁護局は、川崎のほか施行後に行われた福岡、大阪でのヘイトデモの現場周辺にも職員を派遣。映像やポスターなどを使った啓発活動を実施している。だが「具体的にヘイトスピーチにあたる行為があった場合、それに対して何らかの法律効果を生じさせる、という構成の法律ではない」と強調する。

対策法施行を受け、都道府県の教育委員会に「適切な対応」を求める通達を出した文部科学省。同省社会教育課に、どんな啓発教育が適切なのか聞くと、「外国人が多い地域かどうかなど、事情に応じた取り組みが必要。教育を通じて『寝た子を起こす』ことになってもいけない」との回答。一理あるが、まだ手探りの感は否めない。

大阪市のような条例制定の動きが、各地に広まっていくのだろうか。川崎市の人権・男女共同参画室に今後の具体的な施策を尋ねると、「市長判断で行われていることなので」と口が重い。食い下がると、「公園使用不許可などに関して、日本人を差別した、と市を相手取った訴訟を起こす動きもあると聞く。手の内を明かすようなことは……」と警戒心をあらわにした。相手の出方をうかがっているのは行政も同じようだ。

川崎市で再びヘイトデモが計画されたら、また、市民が道路に座り込み、県警の仲介を待つしかないのだろうか。前出の三浦さんは「6月のデモで、警察が道路使用を許可したことが今の限界を示している。何でも警察や行政に求めることはできない。今度は別の形で止めなければ。限界を埋める作業は始まったばかり」と話す。ヘイトスピーチ規制に限らず、多文化共生に向けた条例やガイドラインなど実効性のある取り組みを行政と連携しながら模索するという。

一方、独自に条例を持つ大阪市の今後について文さんは「どこまでが対策法の効果か、条例の影響かまだ分からない。だからこそ、我々は条例をできるだけ活用し、具体的にどんな効力を持つのか、どういう点で無力なのかを見極めていきたい。その上で、必要ならヘイトスピーチ自体を規制する条例改正も求めたい」と語る。実例を見ながら、対策法の不十分な領域を補っていこうという方向性は三浦さんたちと共通する。

在日1世「なかよくしよう」
ヘイトデモが起きる敵対感情には、戦争の影がつきまとう。桜本地区が標的になったのは、青丘社が運営する「ふれあい館」を活動拠点とする在日コリアンの高齢者が昨年9月、安全保障関連法案反対デモをチマ・チョゴリ姿で行ったのがきっかけだ。「ヘイトデモは明らかにその仕返しだった」と三浦さんは言う。

安保法案反対デモに参加した一人で、在日コリアン1世の金芳子(キムバンジャ)さん(85)は、ふれあい館の識字学級に通う生徒でもある。山口県の炭鉱労働者だった父を追って日本に渡ったのは5歳のころ。妹の子守りや家事で忙しく、学校には1年程度しか通えなかったという。対策法が成立した5月、国会で傍聴した時の思いを教室で書いた作文を見せてくれた。

汚い言葉でののしられるのは嫌だという気持ちの後に、「もうそろそろそんなことはやめにして、なかよくしましょうよ」とある。不ぞろいの文字は、ここだけひときわ大きく力強い。「墨で書いたから手が震えたよ」と恥ずかしがりながら、金さんは言った。「やっぱし人間は話せばわかる。人を憎まないで仲ようするしかない」

ヘイトデモに加わった人たちに、この言葉が届く日が来ると信じたい。対策法の理念を現実にしていく過程はきっと対話から始まる。
ENDS
///////////////////////////////////

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Japan Center for Michigan Universities: Report and video interview of Muslim Lawyer Hayashi Junko on issues faced by Muslims in Japan (surveillance by police, including of Japanese kith and kin)

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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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JCMU Resident Director Benjamin McCracken says:

Dear Debito, Thank you so much for your promotion of this lecture a few weeks back. We had some people come all the way from Tokyo to see it. Amazing! This is a link to an interview I did with Junko before her lecture. We focused on her recent court case finding no constitutional violation for the surveillance of Muslims in Japan. Scary stuff indeed. https://jcmuofficialblog.com/2016/08/08/issues-faced-by-muslims-in-japan/
Please feel free to post the link to Debito.org along with any of the commentary from article on the blog.

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

Excerpt: On July 23, 2016 the Japan Center for Michigan Universities (JCMU) in Hikone welcomed Junko Hayashi, Japan’s first female Muslim attorney, to speak about Islam and the issues faced by Muslims in Japan. In a recent court battle, Mrs. Hayashi represented Japanese Muslims that were being observed by the Japanese government for no reason other than the fact that they were Muslims. Their surveillance came to light after information gathered by police was accidentally leaked to the public on the internet. Despite this, Japanese courts ruled that there was no constitutional violation and that the threat of international terrorism outweighed any right to privacy held by the plaintiffs. […]

In the interview, Mrs. Hayashi lamented that “all Muslims are equal to criminal suspects” in Japan. She noted that because of prejudice against practitioners of Islam, she and the rest of the Japanese Muslim community are denied personal and privacy rights enjoyed by most other citizens. “Their rights are violated and they can’t do anything about it,” Mrs. Hayashi explained. The stereotypes of Muslims have little factual support, as no acts of terrorism have been carried out by Muslims in Japan to Mrs. Hayashi’s knowledge. To redress this discrimination and support those affected by the government’s continued surveillance, she hopes to start a human rights organization.

Rest at https://jcmuofficialblog.com/2016/08/08/issues-faced-by-muslims-in-japan/

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

COMMENT: And from this, it’s but a few steps until approving surveillance of Non-Japanese residents as “criminal suspects“. And from that their kith and kin. Japan’s Police State is returning. Dr. ARUDOU, Debito

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

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Nikkei Asian Review wrongly reports “Japanese law requires hotels to check and keep copies of foreigners’ passports”. Corrected after protest, but misreported text still proliferates

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Hi Blog. Check this article out, put out by the Nihon Keitai Shinbun (Japan’s WSJ):

/////////////////////////////////////////
Japan to allow fingerprint authorization for visitors
Nikkei Asian Review, July 24, 2016
http://asia.nikkei.com/Business/Companies/Japan-to-allow-fingerprint-authorization-for-visitors
(Original text below courtesy of http://www.anirudhsethireport.com/japan-allow-fingerprint-authorization-visitors/, and numerous other websites found by Googling the article title, demonstrating how reported misinformation proliferates across the media and becomes the narrative.)

Visitors to Japan will be able to use their fingerprints instead of passports to identify themselves at some hotels thanks to technology introduced by a Tokyo venture.

With financial help from the economy and industry ministry, Liquid will start offering a fingerprint-based authorization system by March in a bid to increase travel convenience. Some 80 hotels and Japanese-style inns in major tourist spots like Hakone and Atami, two hot spring resort areas not far from Tokyo, will be among the first to install the system. More inns and hotels will follow.

The ministry will cover part of the installation costs.

Visitors to Japan can register their fingerprints along with their passport information in their home countries or at registration spots at airports or elsewhere in Japan. Foreign travelers can then identify themselves at a hotel’s front desk by waving their fingers over a contactless device.

Japanese law requires hotels to check and keep copies of foreigners’ passports. But the economy ministry and the ministry of labor have decided to treat “digital passports” as legitimate alternatives.
/////////////////////////////////////////
ENDS

Debito.org Reader XY found this article and wrote to the Nikkei for a correction. Their response, and his original post, follow:

==================================
From: NAR Customer Support <nar-inquiry@nex.nikkei.co.jp>
Subject: 00004389 – Editorial
Date: August 4, 2016 at 15:23:58 GMT+9
To: XY, XXXX University

Dear Customer,

Thank you for your inquiry. This is Nikkei Asian Review (NAR) Customer Support.

Please find our editorial team’s answer as follows.
Thank you.

Best regards,

Nikkei Asian Review
Customer Support

————————————————————–
Thank you so much. We will check the Ryokan Law and see if we need to change the sentence.
—————————————————————

Your inquiry:
—————————————————————
This article contains an incorrect statement: “Japanese law requires hotels to check and keep copies of foreigners’ passports.” In fact, Japanese law requires hotels to check the passports of foreigners who don’t have an address in Japan:

For details, including a quote of the relevant Japanese law go to

https://www.facebook.com/Kumamotoi/posts/1091156614291103

The most important point is that the law does not apply to all foreigners but to foreign tourists who do not have an address in Japan. This is a matter of concern to many who live in Japan and occasionally are asked for passports based on a misunderstanding of the law. A second point is that keeping copies of passports is not mentioned in the law — it is a directive from the police. The law only calls for keeping records.

Would you consider correcting the article?

XY, XXXX University
==================================

COMMENT: As you can see by following this link to the new article, Nikkei corrected it to remove the last paragraph entirely — and that’s about as close as we’ll ever get to them admitting they made a mistake. But as we’ve written here many times before, the National Police Agency and its branches keep lying about their lawgiven powers regarding tracking foreign guests at Japanese hotels. XY wonders if somebody at the NPA wasn’t involved in creating this misinformed article. It wouldn’t be the first time, and a recent (and very funny) article came out over the weekend describing how the Japanese Police have historically stretched laws to outlaw public behavior they basically just personally disliked. Just another example of how Japan is actually a mild (or sometimes not) police state.  And that’s even before we get to the whole issue of re-fingerprinting NJ and the flawed reasoning behind it.  Dr. ARUDOU, Debito

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

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Asahi: Japan’s Supreme Court approves police surveillance of Muslim residents due to their religion: Next up, surveilling NJ residents due to their extranationality?

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Hi Blog. Article first, then comment:

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

It’s OK to snoop on Muslims on basis of religion, rules top court
By RYO TAKANO/ Staff Writer
The Asahi Shinbun, August 2, 2016, courtesy of RD
http://www.asahi.com/ajw/articles/AJ201608020076.html

Muslims can still be monitored in Japan solely based on their religion, while in the United States courts are cracking down on granting such approval.

An appeal by 17 Muslim plaintiffs accusing police of snooping on them was dismissed by the Japanese Supreme Court in late May, which upheld lower court decisions.

The plaintiffs argued that “carrying out surveillance of us on grounds of our religion amounts to discrimination and is a violation of the Constitution” in the lawsuit filed against the Tokyo metropolitan and the central government.

Tokyo’s Metropolitan Police Department had been keeping close tabs on Muslims solely because of their religion, reasoning it was pre-empting possible terrorism.

The tide changed in the United States after the leak in 2013 of global surveillance programs and classified information from the National Security Agency by U.S. computer expert Edward Snowden, said Ben Wizner, attorney at the American Civil Liberties Union.

Snowden, a former CIA employee, revealed that U.S. intelligence agencies had secretly collected personal information and communications from the Internet.

The leak revealed the extent of clandestine surveillance on the public by the government for the first time.

The recent Japanese case came to light in 2010 after 114 articles from internal MPD documents containing personal information on Muslim residents in Japan were leaked online. Data included names, photos, addresses, employers and friends.

The leaked data showed that the documents were compiled in a style of a resume on each individual, along with a record of tailing them.

Compensation of 90 million yen ($874,000) was awarded to the plaintiffs by the Tokyo District Court and the Tokyo High Court, which ruled there was a “flaw in information management.”

However, the plaintiffs appealed because the courts stated “surveillance of Muslims” was “unavoidable” in order to uncover terror plots.

The top court sided with lower court rulings, declaring the surveillance was not unconstitutional. A Moroccan man, one of the 17, said he was upset by the Supreme Court’s ruling.

“I am disappointed with the Japanese judiciary,” said the man in his 40s.

He said he was terrified by the sarin gas attack of 1995 on the Tokyo subway system, which he himself experienced. The attack left 13 people dead and thousands injured.

“Has there been a terror attack by Muslims in Japan?” he said. “Surveillance is a breach of human rights.”

After the 9/11 attacks in the United States in 2001, investigative authorities heightened their surveillance of Muslim communities.

But recent U.S. court rulings have seen the judiciary move against the trend.

Two lawsuits were filed in the state of New York and New Jersey after The Associated Press news agency in 2011 reported on the wide-ranging surveillance of Muslim communities in the two states by the New York Police Department.

Last October, a panel of the U.S. Court of Appeals for the Third Circuit handed down a decision in favor of the plaintiffs, sending the lawsuit in New Jersey back to the district court for further proceedings.

New York police reached a settlement with plaintiffs in January, banning investigations solely on the basis of religion.

In 2006, the German Constitutional Court delivered a ruling restricting surveillance.

Masanori Naito, a professor of modern Muslim regions at Doshisha University’s Graduate School in Kyoto, blasted the Supreme Court’s decision as a manifestation of its “sheer ignorance” of Islam.

Although Muslims account for more than 20 percent of the global population of 7.3 billion, only a fraction reside in Japan.

“As a result, Japanese tend to think that all Muslims are violent,” he said. “Conducting surveillance will only stir up a feeling of incredulity among Muslims and backfire. What police should do is to enhance their understanding of Muslim communities and make an effort to gather information.”
ENDS

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

COMMENTS:

MAYes, I remember how it was a Muslim who slashed forty throats in the night last week…no, wait, that was a Japanese lunatic with no religion…I got it, it was a Muslim who attacked people in [Akihabara] with knives…no, not Muslim…OK, it was a Muslim who killed several elementary school children in ….no, hang on, not Muslim…

Debito:  The obvious extension of this legitimization of racial profiling (defined as using a process of differentiation, othering, and subordination to target a people in Japan; it does not have to rely on phenotypical “looks”) is that for “national security reasons” the next step is to target and snoop on all foreign residents in Japan.  Because they might be terrorists.  The National Police Agency et al. have already been justifying the targeting of NJ as terrorists (not to mention as criminals, “illegal overstayers“, holders of “foreign DNA”, and carriers of contagious diseases).  And Japan’s Supreme Court has now effectively given the green light to that too.  The noose further tightens around NJ residents in Japan.  Dr. ARUDOU, Debito

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

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Meanwhile back in Tokyo: Gov candidate Koike Yuriko allegedly spoke at anti-foreign hate group Zaitokukai in 2010

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Hi Blog. For those who haven’t been following Japanese politics (recently it’s been a pretty dismal science), there’s another race you might want to follow — that of the race for Tokyo Governorship on July 31, 2016. This matters, because Tokyo is 1) Japan’s largest and most cosmopolitan city, one of few with a still-growing population (as Japan’s countryside continues to depopulate and die) and even significant foreign resident enclaves; 2) a world city, cited by at least one international ranking system (Monocle, incidentally partially owned by a Japanese publisher) as the world’s “most livable city”; and 3) the city with the highest GDP (according to the Brookings Institution, even adjusted for PPP) in the world — in fact, according to the IMF, Tokyo alone is the ninth-largest economy in the world, larger even than Brazil, and easily over a third of Japan’s entire GDP (at 36%).

So who gets elected governor of this capital city area should matter to the world.  And it has, at least to the world’s third-largest economy.  Tokyo set the trend for electing far-right xenophobic governors by electing (several times) Ishihara “I wanted a war with China” Shintaro, who legitimized a xenophobic program within Tokyo environs to the point where bullying of foreigners became normalized throughout Japan (see also book “Embedded Racism” Ch. 7). And with that, far-right hate group Zaitokukai and similar groups became emboldened to hold anti-foreign rallies (some that advocated the “killing of all Koreans“) on a daily basis in recent years.  Not to mention that Tokyo is hosting the 2020 Olympics. Given the degree of centralization of, well, everything that matters in Japan in Tokyo, as Tokyo does, so does the rest of Japan.

That’s why the Tokyo Governorship has been a controversial seat this century.  First, Governor Ishihara used it as a bully pulpit to justify destabilizing the rest of Asia.  Then his hand-picked successor, former Vice-Governor and investigative writer Inose Naoki resigned after a payola scandal.  His successor, TV personality and pundit Masuzoe Yoichi similarly recently resigned after a payola scandal.  Now the seat has become a referendum of the two leading parties, the waxing and right-shifting Liberal Democratic Party of PM Abe Shinzo, and the waning leftist Democratic Party still trying to recapture some momentum.  And into the breach has dived LDP former cabinet member Koike Yuriko, who may even be a favorite to win.

But not so fast.  According to Zaitokukai, Koike spoke at their organization back in 2010.  Koike is known as a person who flip-flops between parties and positions often, but this is a bit too far for Debito.org’s comfort.  Is this the type of person that Tokyoites want?  Dr. ARUDOU, Debito

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

FROM ZAITOKUKAI’S WEBSITE (Courtesy EJ):

そよ風 小池百合子先生講演会
<どうしたらいいの? 尖閣、北方領土、竹島で負け続ける日本>

今こそ、小池先生に聞いてみよう!
小池元防衛相に斬りこもう!
自民再生できるのか!

尖閣に中国が侵略して日本が普通の国になる千載一遇のチャンスがやってきました。
今こそ私達はどの政党に、どの政治家に、この日本を任せられるか知りましょう。

手きびしい質問(糾弾?)大募集
日頃、疑問に思っていること等を自民党三役に就任された小池先生にぜひぶつけてみま しょう。
沢山のご質問お待ちしています。

【日時】
平成22年12月5日(日) 14:00~

【場所】
あうるすぽっと (有楽町線東池袋駅直結)

【講演】
講師:小池百合子 衆議院議員
演題:「日本と地球の護りかた」
http://www.youtube.com/watch?v=Wfv_mk7RCF0

【生中継】
生放送は中止となりました。
下記URL放送は在特会名古屋支部街頭活動に変更いたします
ニコニコ生放送14:00~
http://live.nicovideo.jp/gate/lv33405203

【問い合わせ・質問宛先】
そよ風 青山
yadokari26@gmail.com

【主催】
そよ風
http://www.soyokaze2009.com/

【協賛】
在日特権を許さない市民の会 女性部(花紋)

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

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Book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Press 2016) now out early in paperback: $49.99

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Hi Blog. Sales of book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, November 2015) in hardcover have been outstanding.

embeddedracismcover

In less than a year after being published, WorldCat says as of this writing that 83 of the world’s major academic libraries worldwide (including Stanford, Cornell, UC Berkeley, Columbia, Harvard, Yale, and Princeton) already have it in their collections.

Now my publisher has brought it out in paperback early for classroom use (it usually takes a year or two before that happens). Price: Less than half the hardcover price, at $49.99.  It currently occupies the first spot of Lexington’s Sociology Catalog this year under Regional Studies:  Asia (page 33).

Now’s your chance to get a copy, either from the publisher directly or from outlets such as Amazon.com. Read the research I spent nearly two decades on, which earned a Ph.D., and has for the first time 1) generated talk within Japanese Studies of a new way of analyzing racism in Japan (with a new unstudied minority called “Visible Minorities“), and 2) applied Critical Race Theory to Japan and found that the lessons of racialization processes (and White Privilege) still apply to a non-White society (in terms of Wajin Privilege).

Get the book that finally exposes the discrimination in Japan by physical appearance as a racialization process, and how the people who claim that “Japan has only one race, therefore no racism” are quite simply wrong.  Further, as the book argues in the last chapter, if this situation is not resolved, demographically-shrinking Japanese society faces a bleak future.

Embedded Racism: Japan’s Visible Minorities and Racial Discrimination.” Now out in paperback on Amazon and at Lexington Books. Dr. ARUDOU, Debito

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Shibuya Police asking local “minpaku” Airbnb renters to report their foreign lodgers “to avoid Olympic terrorism”. Comes with racialized illustrations

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Hi Blog. Buzzfeed News’s Hatachi Kouta wrote up a report dated June 26, 2016, where he found the following Shibuya Police poster in a residential area:

Courtesy of Hatachi Kouta of Buzzfeed.
Courtesy of Hatachi Kouta of Buzzfeed.

The poster reads:

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

WE ARE ASKING FOR INFORMATION FROM MINPAKU HOSTELERS

“Minpaku” is defined as the service of offering paid accommodation using empty rooms etc. from individual homes.

To prevent terrorism and for the success of the Olympics, we need information from everyone.

We are especially asking for information from individually-standing homes doing Minpaku.

Please call the Shibuya Police Department, Head of Crime Prevention, at 3498-0110 ext 2612.

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

That’s the literal translation of the text.  Note how there is no reference whatsoever textually about foreigners.  However, contextually, in the margins there are illustrations of eight racialized “foreigners” of ostensibly European, African, and Middle-Eastern extractions complete with differentiated eye color, hair color, skin color, and facial hair.  Note how there is no representation of “Asian” foreigners, even though they make up the majority of Japan’s tourists.  I guess they’re not the type that Shinjuku cops are looking for.

My comments about this are seasoned to the point of predictably:  1) Once again, Japan’s police are using racial profiling to determine who is a foreigner as well as a terrorist.  2) Japan’s police are rallying the public to do their bidding on unlawful activities (i.e., scaring them with the threat of terrorism into reporting their foreign lodgers to the police, which neither minpaku nor actual hotels are required to do).  3) The use and proliferation of racialized caricature seems to be normalized standard operating procedure with Japan’s police.  (Why not?  Nobody’s going to stop them when they keep Japan’s public constantly afraid of foreigners to the point of normalized targeting.)  And 4), as I have written before, Japan is not mature enough as a society to host these international events, for the National Police Agency whips everyone up into a frenzy about foreign crime, hooliganism, and/or terrorism.  And then the NPA uses the events to clamp down on civil liberties for everyone.  Thus there is insufficient check and balance to keep these bunker-mentality bureaucrats from exaggerating their mandate.

The Tokyo Olympics are still more than 4 years away.  Expect even more of this embedded racism to surface into full-blown state-sponsored xenophobia in the meantime.  Dr. ARUDOU, Debito

PS:  The Buzzfeed article in itself is interesting, as the author tries to hold the Shibuya Police accountable for their poster, and (citing inter alia his lack of membership in the Press Club) they evaded answering written questions about the poster’s contents, intent, or how it reflects police attitudes or official policy towards foreigners.  (As they did with me here when they were taking urine samples for drug tests only from foreign-looking customers on the streets in Roppongi back in 2009.)  According to the article, Shibuya Police also denied any ill-will towards foreigners, claiming that the foreign caricatures appeared “so foreigners can also have more relaxed stays too” (gaikokujin no katagata mo, anshin shite taizai shite itadaku shushi de, gaikokujin fuu no irasuto o mochiita mono).  Oh, so being racially profiled is for NJs’ own peace of mind?  Makes perfect sense — in NPA Bizzarroworld.

Read the article for yourself here.

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

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Kyodo: Foreign laborers illegally working on farms in Japan increases sharply [sic]. How about the J employers who employ illegally?

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Hi Blog.  Here we go again with some media bias focusing on the evils “illegal foreign laborers” do, overlooking the fact that it’s Japanese who hire them illegally.  (One segment even justifies these illegal hiring practices under the guise of economics.)

Two other submitters below make some more arguments, with a focus on the recent smoke out of illegal police activities in Ibaraki Prefecture.  Dr. ARUDOU, Debito

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

Foreign laborers illegally working on farms in Japan increases sharply
Japan Times / Kyodo News, June 12, 2016, courtesy of JDG and BGIO
http://www.japantimes.co.jp/news/2016/06/11/national/social-issues/foreigners-illegally-working-on-farms-in-japan-increases-sharply/

The number of foreign laborers working illegally on farms across the nation rose threefold over the three year period ending in 2015, according to government data.

The findings highlight the difficulties facing Japan’s agricultural sector, including labor shortages and the advanced age of many of the country’s farmers.

Among all the illegal foreign workers subject to deportation in 2015, the greatest number — 1,744 or 21.9 percent — had worked in the farming sector. That was up from 946 in 2014, 695 in 2013, and 592 in 2012, according to the Justice Ministry.

The ministry also found illegal farm workers were “concentrated on farms in Ibaraki and Chiba prefectures, which are easily accessible from Tokyo.”

The average age of the nation’s farmers is now 66.4 years old, and the fact so many have no one to succeed them has become a serious social issue.

“I just cannot keep my business afloat unless I hire (illegal laborers), even if it means breaking the law,” said a 62-year-old farmer in Ibaraki.

The government does operate schemes under which farmers can legally employ foreign workers, including a technical internship program for people from developing countries. Some 24,000 foreign laborers were working on Japanese farms as of fiscal 2014 under that on-the-job training program, according to an estimate by the Ministry of Agriculture, Forestry and Fisheries.

Since the government began compiling such data in 1991, Tokyo had regularly topped the list of 47 prefectures for the number of foreign laborers working illegally. But last year, the capital ranked third behind Ibaraki with 1,714 illegal workers and Chiba second with 1,238.

An immigration official said it is believed that around 5,000 undocumented workers are currently working in Ibaraki.

By nationalities, the greatest numbers of illegal workers came from China, Thailand and Vietnam.

The number of foreign workers who overstayed their visas rose in 2015. The increase came after the government relaxed visa requirements for visitors from Asian countries.
ENDS

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

Submitter BlondeGuy InOz comments: I love the way that the headline is “Foreign laborers illegally working on farms in Japan increases sharply” when in reality it should have been more along the lines of “Japanese agricultural employers continue to flout trainee laws and illegally exploit foreign workers from developing countries”, or alternatively “percentage of foreign workers from developing countries exploited by Japanese agriculture sector worker rises to 7% (1,744 of 24,000) of those employed in ‘trainee’ scheme”. But then such headlines would require the type of objective and balanced media coverage than has long been missing in what has the temerity to call itself ‘journalism’ in this country.

I let a lot of things go but I just couldn’t bring myself to let this one pass by without at least commenting. Note: that one of the main offending prefectures is Ibaraki prefecture. I experienced my fair share of racism and exclusion (e.g. denied entry to restaurants, denied the right to apply for a credit card, etc…) when living there during a previous stay in the prefecture between 1996 and 2001 (was resident in Japan from 1996 – 2010 before returning to my home country for what has been a better life).

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

Submitter JDG comments: Well, well, well! What have we here? The people benefitting from the anti-constitutional voter weighting disparity, the people receiving the most is government subsidies (including a special bonus to help them restructure for the now never to be implemented TPP), the people who have voted LDP over and over again. Rural farmers are the exact same people breaking the law by employing the greatest number of NJ illegally!

And guess where? Chiba and IBARAKI!

It makes a laughing stock and a sham of the legal system, the JA, the LDP, and the stupid notion that Japanese Shinto mumbo-jumbo rice farming culture is a corner-stone of Japanese identity! If it wasn’t for the LDP letting it’s voters illegally employ NJ, those voters and their farming culture would be over! No wonder Ibaraki police are so crazy; they are being told one thing by the government and then expected to turn a blind eye to the NJ underpinning the local economy! That conflict of interest must be causing them trauma!

In addition, I would put forward the following supposition to explain the behavior of the Ibaraki Police:

Local people, believing NPA statements that the vast majority of crime is caused by NJ, are alarmed by all the ‘shady’ NJ in Ibaraki.

The local police have to been seen to act tough on this issue to make the citizens feel safe, and to ensure that they don’t voice their dissatisfaction by throwing out the local LDP incumbent at the next election.

Therefore the PD put up posters of a militarized police, and hassle law abiding NJ whenever the locals phone them, since this means that they can be seen to be acting, when in fact they are choosing to overlook the huge numbers of NJ illegally employed by LDP supporting farmers, and under-pinning the local economy.

It’s all a dog-and-pony-show designed to distract the citizenry from politicians in league with law breaking Japanese farmers, so that they can keep their sticky fingers on the levers of power.

See? It all makes sense now.

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

ENDS

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Japan Times JUST BE CAUSE 98, “Ibaraki Police still unfettered by the law, or the truth”, June 6, 2016 (UPDATED with links to sources)

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JUST BE CAUSE
justbecauseicon.jpg

Police still unfettered by the law, or the truth
Repeat-offender Ibaraki force called to account for backsliding on the issue of hotel snooping
By Debito Arudou.  Column 98 for The Japan Times Community Page, June 6, 2016 Version updated with links to sources.
http://www.japantimes.co.jp/community/2016/06/05/issues/japans-police-still-unfettered-law-truth/

Japan’s police are at it again: Lying about the law.

A reader with the pseudonym Onur recently wrote to me about his experience in the city of Mito, Ibaraki Prefecture, when he checked into a hotel. Even though Onur clearly indicated he was a legal resident of Japan with a domestic address, clerks demanded he present his passport for photocopying. They pointed to a sign issued by the Ibaraki Prefectural Police.

IbarakipolicehotelposterApr2016
But that poster has three great big stripy lies: 1) “Every foreign guest must present their passport” 2) “which must be photocopied” 3) “under the Hotel Business Law” — which states none of these things. Not to mention that Japan’s registered foreign residents are not required to carry around passports anyway.

What’s particularly egregious about this sign is that the Japanese police know better — because we told them so a decade ago.

The Japan Times first exposed how police were stretching their mandate in “Creating laws out of thin air,” Zeit Gist, March 8, 2005, and, later, two updates: “Ministry missive wrecks reception,” ZG, Oct. 18, 2005, and “Japan’s hostile hosteling industry,” Just Be Cause, July 6,2010.

It made an impact. Even the usually noncommittal U.S. Embassy took action, posting in their American Community Update of May 2005:

“After we sought clarification, according to the Environmental Health Division, Health Service Bureau, Ministry of Health, Labor and Welfare, the new registration procedure at lodging facilities does not apply to foreigners who are residents of Japan but only to tourists and temporary visitors. If you write a Japanese address on the check-in sheet, hotels are not supposed to ask for your passport.”

Right. So why do the Ibaraki police still feel they can lie about the laws they are entrusted to uphold?

Because … Ibaraki. I’ll get to that shortly…

But back to Onur, who also took action. He stayed an extra day in Mito and raised the issue with local authorities:

“I went to Mito City Public Health Department (Hokensho), who were very helpful, and confirmed that as a resident I need not show ID at hotels. Then I showed them the poster from the Ibaraki police department. Surprised, they said they had never seen this poster before, and the police had not contacted them about it. They said it is clearly different from the real law, especially the bit about ‘every foreign guest.’

“The Hokensho added that the police have become stricter because of the G-7 (Ise-Shima) summit and 2020 Tokyo Olympics. They said they would check the hotel and inform me of the result.”

But Onur wasn’t done yet: “Then I talked with two officers at the Mito City Police Department’s Security Division. They listened without making any comments. I showed them an official announcement from the Health Ministry and said that their poster is clearly different.

“The police read the ministry announcement and took notes like they were unaware of the law, asking questions like ‘Do the other hotels in other parts of Japan ask for your ID card?’ and ‘Isn’t checking the ID card necessary to confirm that a foreigner really has an address in Japan?’ I offered the contact number at Health Ministry for more information, but they said it wasn’t necessary. Finally, I asked them to fix their poster. They said they would check the law and behave accordingly.”

Shortly afterwards, Onur got a call from the Hokensho: “They checked my hotel and saw the poster was now changed. It seems the Ibaraki police had printed a new one and distributed it to all hotels within a few hours! The Hokensho said the new poster clearly states ‘foreign nationals who do not possess an address in Japan,’ which follows regulations. They said the police warned the hotel not to make the same mistake again. Finally, they thanked me for informing them about this problem.”

Well done. It’s satisfying to have others retrace our steps and get even better results. It’s just a shame that he should have to.

However, two issues still niggle. One is that photocopying requirement, which, according to The Japan Times’ own legal columnist, Colin P. A. Jones, may also be questionable:

“According to the Personal Information Protection Act (Kojin Joho Hogo Ho), the hotel should explain to you why they are collecting personal information from you, which is what they are doing if they take a copy of your passport,” Jones said in an email. “So if they can confirm that you are a resident of Japan by looking at your residence card or driver’s license, they do not need to take a copy because they have confirmed that the Hotel Act no longer applies. If they take a copy they are collecting personal information beyond what is necessary for the expressed purpose. In my experience, once you point this out, hotel staff then start mumbling about ‘their policies,’ but of course those don’t trump the law.”

Second issue: Ibaraki.

Ibaraki is where cops take local grumps seriously when they report a “suspicious foreigner” standing near JR Ushiku Station — seriously enough to arrest him on Aug. 13, 2014, for not carrying his “gaijin card.” Well, that “foreigner” turned out to be a Japanese, and Japanese are not required to carry ID. Whoops.

Ibaraki is also the site of a mysterious and under-reported knife attack on Chinese “trainee” laborers (the Japan Times, Feb. 23, 2015), which resulted in an as-yet-unresolved[*] murder. (Funny that. Imagine the media outcry if foreigners had knifed Japanese!)

Do Ibaraki police have anything to do with this? Actually, yes.

Ibaraki police have posted in public places some of Japan’s most militantly anti-foreign posters. I mean this literally: Since 2008, at least three different versions have depicted cops, bedecked in paramilitary weaponry, physically subduing foreigners. The slogan: “Protect (Japan) by heading (foreigners) off at the shores.”

Ibaraki police have also offered the public online information about “foreign crime infrastructure,” as if it’s somehow separate from or more ominous than the yakuza. They claim that foreigners are responsible for drugs, illegal medical activities, underground taxis, false IDs — and paternity scams to get Japanese citizenship. And, conveniently, the National Police Agency argued within its 2010 white paper that foreign crime infrastructure “cannot be grasped through statistics” (see “Police ‘foreign crime wave’ falsehoods fuel racism,” JBC, July 8, 2013). It’s enough to make the public paranoid.

And Ibaraki is a strange place for such militancy. It does not have a particularly high concentration of foreigners. Except for, of course, those behind bars at Ibaraki’s Ushiku Detention Center.

Japan’s infamous immigration detention centers, or “gaijin tanks,” are where foreign visa overstayers and asylum seekers are left to rot indefinitely in what Amnesty International in 2002 called “secret detention facilities.” Gaijin tanks don’t get the oversight governing Japan’s prisons because the former do not officially qualify as “prisons.” They’re pretty bad places to be.

And Ushiku’s gaijin tank is notoriously bad. It has made headlines over the past decade for drugging and subjecting detainees to conditions so horrendous that they have gone on hunger strikes, committed suicide or died having received improper medical care and under other mysterious circumstances.

Therein lies the point I keep banging on about in this column: What happens when racial discrimination is left unrestrained by laws? It just gets normalized and embedded.

Treating people badly without official checks and balances eventually makes abuse tolerated and ignored — like background radiation. And, fueled by the innate fear of The Outsider, the abuses just get worse and worse. Because they can.

In this case, the unfettered xenophobia radiating from the Ushiku Detention Center, Ibaraki’s fast-breeder reactor of foreigner dehumanization and abuse, has clearly corroded Ibaraki police’s judgment — to the point where they feel they can outright lie about the laws they are supposed to enforce, and have their propaganda irradiate hotels, street-corner busybodies and the general public.

It’s time for people to realize that Japanese police’s free rein to maintain our allegedly “safe society” has limits. For officially treating an entire people as potentially “unsafe” is dangerous in itself.

Ibaraki Prefecture thus offers a fascinating case study. Of what happens to a neighborhood when xenophobia goes beyond the occasional international summit or sports event, and becomes regularized into official extralegal standard operating procedure.

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

Debito’s latest project is the mockumentary film “Go! Go! Second Time Gaijin,” which is now being funded on Kickstarter. Twitter @arudoudebito. Send all your comments and story ideas to community@japantimes.co.jp.

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

[*]  Correction:  According to Chinese media translated into Japanese, the abovementioned knife attack and murder of Chinese “Trainees” has resulted in the arrest of 5 Vietnamese nationals:

日本の中国人技能実習生、ベトナム人5人に包丁で襲われ1人死亡1人負傷=茨城県警察は殺人と殺人未遂容疑で逮捕―中国紙
http://www.recordchina.co.jp/a114724.html

2015年7月23日、人民日報(電子版)は日本の報道を引用し、中国人技能実習生を殺害したとして、茨城県警察が殺人と殺人未遂の容疑でベトナム人5人を逮捕したと伝えた。

警察によると、今年2月22日午後9時40分ごろ、当時農業技能実習生だった中国人の孫文君(スン・ウェンジュン)さん(33)は茨城県鉾田市の路上を同僚と歩いていた際、包丁を持ったベトナム人の男女5人に襲われた。

これにより孫さんは死亡し、もう1人の中国人技能実習生も負傷した。その後の調査で、ベトナム人男女らの中には元農業技能実習生もおり、警察は動機などについて調べを進めている。(翻訳・編集/内山)ENDS

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YouTube video of Tokyo Police using excessive force to subdue a Non-Japanese in public

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Hi Blog.  Check this out:

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

Al:  Hi Debito, In the wake of the case of Mr. Suraj, the Ghanian who was killed by Japanese immigration during a botched deportation, I’d like to share a video of clear use-of-excessive-force by Tokyo police on NJ:


https://www.youtube.com/watch?v=ee6eV2dMo4w

Though we don’t know what the NJ did or how they took him to the ground, clearly he is already on the ground, subdued with 3 officers on top of him. The disturbing part is the officer who is sitting on his lower back, applying unnecessary and excessive pressure to bend his spine. Why was this necessary?? He’s already on the ground, with his hands behind his back, and poses no threat to any of the officers.

He’s clearly in a lot of pain, which shows in his voice. The officer sitting on his lower back could have simply just pinned his legs to the ground rather than bending his spine the way he does in the video. The officers are from Tokyo as can be seen by the 「警視庁」emblem on their uniforms.

Please get this video out as it is a disturbing case of excessive use-of-force on an NJ. Additionally, I find that use-of-force by Japanese police tends to be very arbitrary, without any clear goal or regulating doctrine. I myself have had my arms grabbed and pulled out of a department store for an ID check. Thanks, Al

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

COMMENT: Do people still doubt the Japanese police are incapable of breaking a NJ’s leg while subduing him? Or in the UG Valentine Case, crippling him for life?  Are they trying out a new technique to see if NJ can withstand more pain than average?  Or are they using actual police training, which has resulted in the mysterious death of at least one NJ in Tokyo and at least five more between 2014-2015.  Maybe these other NJ deaths are less mysterious now too.

Somebody please feel free to make a copy of the video for us before it disappears and send to debito@debito.org.  Dr. ARUDOU, Debito

PS: Although we have some bystanders repeatedly telling the police they’re overdoing it, I find it especially chilling how one unempathetic person starts calling it “revenge”?

Out in Paperback: Textbook “Embedded Racism” (Lexington Books) July 2016 in time for Fall Semester classes: $49.99

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embeddedracismcover
Hi Blog. I just received word from my publisher that “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books / Rowman & Littlefield 2016) will also be released as a paperback version in July/August 2016.

This is good news. Usually when an academic book comes out in hardcover, the paperback version is not released for a year or two in order not to affect sales of the hardcover. (The hardcover is, generally, intended for libraries and must-have buyers).

However, sales of the hardcover have been so strong that the publisher anticipates this book will continue to sell well in both versions.

So, just in time for Fall Semester 2016, “Embedded Racism” will be coming out over the summer for university classes, with an affordable price of $49.99 (a competitive price for a 378-page textbook, less than half the price of the hardcover).

Please consider getting the book for your class and/or adding the book to your library! Academics may inquire via https://rowman.com/Page/Professors about the availability of review copies and ebooks.

Full details of the book, including summary, Table of Contents, and reviews here.

Hardcover version: November 2015 (North America, Latin America, Australia, and Japan), January 2016 (UK, Europe, rest of Asia, South America, and Africa), 378 pages
ISBN: 978-1-4985-1390-6
eBook: 978-1-4985-1391-3
Subjects: Social Science / Discrimination & Race Relations, Social Science / Ethnic Studies / General, Social Science / Minority Studies, Social Science / Sociology / General

Dr. ARUDOU, Debito

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

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Onur update: Ibaraki Pref. Police lying on posters requiring hotels to inspect and photocopy all foreign passports; gets police to change their posters!

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Hi Blog. Debito.org Reader Onur updates his post here last month about discrimination at Japanese hotels being, in one case, coin-operated (where all “foreign guests” are unlawfully forced to provide photocopies of their passports, moreover at their own expense) at police behest. Now he gets to the bottom of police chicanery in Mito, Ibaraki Prefecture, where he catches them in an outright lie. Three lies in one police notice, as a matter of fact. Read on:
//////////////////////////////////////////////////

April 12, 2016
Hello Dr. Debito,

I have some news on the passport copy rule in the hotels, which shows the role of the local police in the unnecessary checking and copying of ID cards of foreigners living in Japan. Last weekend I stayed at Mimatsu Hotel in Mito City, Ibaraki Prefecture. I wrote my Japanese address to the guest registration form during check-in.

However, the reception asked for my passport. I said I don’t carry my passport and they said any ID card like driver’s license is OK. Although showing is not necessary, I showed them my residence card with my address and permanent resident status on it. They said that they must copy the card. I asked the reason. They said that it is the rule of the hotel(!) and also the law of Japan to copy the ID of all foreigners. I was surprised to hear that also the hotel has such rule in addition to the law of Japan! I said that according to law it is not necessary and they are not allowed to copy my card, but they insisted they must copy.

They showed me a poster on the wall. The poster prepared by the Mito City Police Department Security Division was saying that “Japanese law requires that we ask every foreign guest to present their passport, photocopy of which we keep on file during their stay with us”. I said that the real law is different and showed them the copy of https://www.city.shinjuku.lg.jp/content/000062471.pdf . After seeing the document, they reluctantly allowed me to stay.

I said that I will inform this incident to Mito City Public Health Department (保健所), which has authority over the hotels regarding the implementation of laws. The next day during the check-out I asked the receptionist of the hotel to take a photo of the poster prepared by the Mito City Police Department to check it in detail. The receptionist gave permission so I took the photo of the poster and printed it at an Internet Cafe. I am sending the poster as an attachment.

IbarakipolicehotelposterApr2016

[CAPTION COMMENT FROM DEBITO:  Note the three official lies in this official poster issued by the Ibaraki Police:  1) Japanese law requires every foreign guest to present their passport (no:  every foreign tourist without an address in Japan); 2) the requirement of photocopying (which is stated nowhere in the law), and 3) their citation of the Hotel Business Law, which states none of this.]

It was Sunday and all public offices were closed, so I cancelled my bus reservation by paying cancellation fee and stayed one more day in Mito, which cost me lots of money. In Monday morning, I went to Mito City Public Health Department (保健所), because when I had called the Health, Labour and Welfare Ministry to learn more about the law, they had told me to inform the Public Health Department of the city in case a problem occurs in a hotel.

The officers at Public Health Department were very helpful. They said that as I have an address in Japan, I do not have to present my ID to the hotel. I showed them the poster of the police department. The officers were very surprised. They said that they have never seen this poster before and also the police did not contact the Public Health Department regarding the poster. They said that the explanation in the poster is clearly different from the real law, especially the English translation which says “every foreign guest”. They commented that the police is becoming more and more strict since last year because the G7 Summit and Tokyo Olympics are approaching. Finally, they said that they will check the hotel and inform me about the result.

As a final step, I went to the Mito City Police Department. I said I want to learn more about their poster. Two police officers from the security division came. I told them the incident at the hotel and informed them about the result of my call to Health, Labour and Welfare Ministry and my visit to Public Health Department regarding the law. They listened without making any comments. I showed them the official announcement of the ministry at https://www.city.shinjuku.lg.jp/content/000062471.pdf and said that their poster is clearly different. They took notes like the number of the law as if they are not aware of the law and they read the announcement of the ministry. They asked questions like “Do the other hotels in other parts of Japan ask your ID card? Isn’t checking the ID card necessary to confirm that a foreigner really has an address in Japan?” I answered their questions and asked them to contact the ministry for detailed information. I said I called the ministry, so I can give the phone number of the ministry if they want. They said it is not necessary. Finally, I said please fix your poster. They said they will check the law and behave accordingly.

In the afternoon, I had phone call from the Public Health Department. They said they went to the Mimatsu Hotel to check it and saw that the poster on the wall of the hotel has changed. It seems that the police department printed a new poster and distributed to all hotels only in a few hours after I left the police department! They said the new poster clearly states “foreign nationals who do not possess an address in Japan”, so complies the regulations. They said they informed the hotel about the laws and regulations and warned the hotel to not to the same mistake again. Finally, they thanked me for informing them about this problem.

[REQUEST FROM DEBITO:  Any readers near or in Mito who can drop by a hotel and take a picture of the new notice for us?  Thanks.]

In short, if you ever encounter such a problem with a hotel, go to the local Public Health Department (保健所). They were very helpful and quick. If the problem is due to the police (not a misunderstanding of the hotel management), do not hesitate to go to the police department.

Regards, Onur

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

COMMENT:  Ibaraki sure seems to have it in for foreigners.  Check out these past notices from their police forces:

From “Update: Ibaraki Police’s third new NJ-scare poster”
Debito.org, July 29th, 2009
http://www.debito.org/?p=3996

ibarakiposterjuly20092

From “Ibaraki Pref Police put up new and improved public posters portraying NJ as coastal invaders”
Debito.org, November 20th, 2008
http://www.debito.org/?p=2057

dsc00002

IbarakiNPAposter07.jpg

And how about these Debito.org entries?

Kyodo: Foreign trainee slain, colleague wounded in rural Ibaraki attack, in oddly terse article (UPDATED with news of another underreported NJ death)

Debito.org,  Thursday, February 26th, 2015

Nikkei: Another Japanese nabbed for being like a “suspicious foreigner” in Ibaraki. Adding it to the collection

Debito.org, Tuesday, August 26th, 2014

Oh that’s right.  Ibaraki is home to a really mean foreign detention center:

AFP: Another hunger strike in Immigration Detention Center, this time in Ushiku, Ibaraki

Debito.org, Monday, May 24th, 2010

Japan Times on Ibaraki Detention Ctr hunger strikers: GOJ meeting because of UN visit?

Debito.org, Monday, March 22nd, 2010

Japan Times & Sano Hiromi on violence towards NJ detainees at Ibaraki Detention Center, hunger strike

Debito.org, Friday, March 12th, 2010

There’s also a mention of a death in detention in Ibaraki at that detention center, mentioned in the following Reuters expose.

Reuters: Death toll mounts in Japanese Detention Centers (aka “Gaijin Tanks”) as NJ seek asylum and are indefinitely detained and drugged

Debito.org, Wednesday, March 16th, 2016

Ibaraki Police have also notified the public about how “foreign crime groups” behave, courtesy of http://www.pref.ibaraki.jp/kenkei/a01_safety/security/infra.html

NPA “Crime Infrastructure Countermeasures” campaign also targets “foreign crime” anew. Justifies more anonymous anti-NJ signs

Debito.org, Thursday, June 20th, 2013, which included the following racialized illustration:

hanzaiinfuraibarakijune2013

It would seem the officially-sponsored xenophobia runs deep in Ibaraki.  Put a nasty Gaijin Detention Center in an area, allow the police to project their bunker mentalities by lying on public posters, and you get panicky residents who sic cops on “people who look suspicious” because they look foreign (even if they are Japanese).  Are you seeing what happens when you give the police too much power to target people?  Ibaraki Prefecture is developing into a nice case study.

Well done Onur for doing all this great detective work.  I did some investigative work like this more than a decade ago.  Remarkable that despite having this pointed out again and again, the NPA continues to lie about the laws they are supposed to enforce.  Dr. ARUDOU, Debito

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

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NHK: NJ arrested by Saitama Police for “not having passport”, despite being underage and, uh, not actually legally required to carry a passport

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Hi Blog.  Here’s a short interesting article, with translation immediately following:

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

埼玉県警が外国人少年誤認逮捕
NHK News 03月06日 12時10分
http://www.nhk.or.jp/shutoken-news/20160306/3459061.html Courtesy of CJ
5日、埼玉県川口市でパスポートなどを持っていなかったとして逮捕された外国人がその後の調べでパスポートなどを携帯する義務のない16歳未満だったことが分かり、警察は謝罪したうえで釈放しました。

警察によりますと5日午後、川口市内の電気店から「不審な外国人が来店した」という通報があり、駆けつけた警察官が近くの路上で外国人の男性を見つけました。
男性は東南アジア系の外国人で、警察はパスポートなどを持っていなかったことから出入国管理法違反の疑いでその場で逮捕しました。
しかし、その後の調べでパスポートなどを携帯する義務のない16歳未満だったことが分かり、警察は謝罪したうえで逮捕からおよそ6時間後に釈放しました。
警察によりますと、男性は当初から「16歳未満だ」と話していましたが、年齢を確認できるものを持っていなかったうえ16歳以上に見えたとして逮捕したということす。
埼玉県警察本部外事課の小川実次席は「関係者に深くおわびします。もっと慎重に確認すべきだった」と話しています。

Saitama Police mistakenly arrest foreign youth
NHK News, March 6, 2016 (Translation by Debito)

According to  police, on the afternoon of March 5, police were contacted that “a suspicious foreigner had come in” from an electronics shop in Kawaguchi City. Police arriving on the scene found a foreign male at a nearby street.

The male was a foreigner of Southeastern Asian descent. As he was not carrying his passport, police arrested him on the spot under suspicion of violating the Immigration Control Act.

However, after further investigation, police realized that as he was less than 16 years old and under no obligation to carry his passport, so they released him from arrest about six hours later after apologizing.

According to the police, the male said, “I’m less than 16 years old” from the start, but since he was holding no ID to confirm his age and looked older than 16, it resulted in his arrest.

The local officer in charge of foreign issues at the Saitama Police HQ, Ogawa Minoru, said, “The people involved deeply apologize. We should have confirmed things more prudently.”  ENDS

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

COMMENT: I’ll say. Yet another instance of police overstepping their authority, and arresting someone due to a panicky shopkeep siccing cops on a youth just because the latter looked “foreign”. Last time we had an arrest like this this wasn’t the case — the person even turned out to be Japanese, but it’s hard to believe that police would necessarily come running and arrest someone just because they were acting “suspiciously”. Because there are laws against that — you have to have adequate suspicion that crime has been committed, or is likely to be committed. It’s the “foreign” thing that became the grounds for arrest. Pity it took six hours out of this kid’s life in police custody (something you don’t want to happen to you — you essentially have few rights as a suspect in Japan).  Even though as a foreign resident in Japan (as opposed to a tourist), you still are not required to carry a PASSPORT.  So that’s the second unlawful misinterpretation of the law by Saitama’s finest.

The real thing that’s hard to swallow is that shopkeeps are panicky precisely BECAUSE the Japanese police are encouraging them to see foreigners as criminals and racially profile. So thanks for the apology, Saitama Police, but how about training your cops better, so Japan’s Visible Minorities (particularly impressionable kids) don’t become targets of arbitrary (and traumatizing) arrests? I shudder to think what this officially-alienated kid thinks about life in Japan now.  Dr. ARUDOU, Debito.

========
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MOJ: Japan sees record registered foreign residents, 2.23 million in 2015; but watch J media once again underscore their criminality

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Hi Blog.  Here are the latest numbers of registered NJ residents, i.e, those people who are not tourists who have registered addresses in Japan.  After a dip for a couple of years, the numbers are back on the rise to record levels.

Typically, Debito.org sees this as good news, and it is:  Japan needs more NJ residents (and Japanese of international roots) or, as I argue in Chapter 10 of “Embedded Racism”, it won’t survive.  But it’s never portrayed as good news in the media, where it counts.  Even when it’s put through the lenses of the foreigner-friendly Japan Times, the bias of the Justice Ministry still seeps through.

Consider the article below.  After giving the numbers and some speculation about what is bringing more NJ to Japan again, we get into what NJ are doing here.  As “Embedded Racism” Chapters 5 and 7 describe, it’s never a matter of what good NJ residents are doing:  It’s always what sort of mischief they’re up to.  Because when you have a government with no Immigration Policy Bureau to institute a viable immigration and assimilation policy, and instead have a policing agency solely entrusted with “administrating” foreigners in Japan, naturally you’ll get an embedded mindset that treats everyone as a potential criminal.  (Or, as described on Debito.org before, the MOJ’s “bunker mentality” towards the outside world.)

Just read the article below.  Feel the criminality steadily creep in and have the last word.  Dr. ARUDOU, Debito

/////////////////////////////////////////////
Japan sees record high number of foreign residents: Justice Ministry
BY SHUSUKE MURAI STAFF WRITER
THE JAPAN TIMES: MAR 11, 2016
http://www.japantimes.co.jp/news/2016/03/11/national/japan-sees-record-high-number-foreign-residents-justice-ministry/

The number of foreign residents in Japan reached an all-time high last year, the Justice Ministry reported Friday.

There were 2.23 million long-term and permanent foreign residents in Japan as of the end of last year, up 5.2 percent from 2.12 million people at the end of 2014, according to the ministry.

It was the highest number since the ministry began keeping data in 1959.

The largest group by nationality was Chinese, with 665,847 people, accounting for almost 30 percent of foreign residents in Japan, followed by 457,772 South Koreans and 229,595 Filipinos.

An immigration bureau official said the surge in foreign resident populations is linked to a government campaign to draw more foreign visitors, as well as signs of economic recovery.

“The number of foreign visitors in Japan increased dramatically last year . . . At the same time, we also have an increasing number of foreign residents” who intend to stay in the country for business or study, the official said.

The number of visitors from overseas reached a record 19.73 million people last year, according to the Japan National Tourism Organization.

Meanwhile, the number of residents who had overstayed their visas has also increased.

The ministry reported that there were 62,818 foreign nationals overstaying their visas as of Jan. 1, up 4.7 percent from the same date last year.

This marks the second year the figure has risen. Last year’s increase was the first in more than two decades, and the trend comes despite recent efforts by the ministry to crack down on overstayers.

Among overstayers, South Koreans were the biggest group with 13,412 people, followed by Chinese with 8,741, and Thais with 5,959. The largest increase was among Indonesian overstayers, with a 77.1 percent surge year on year. The country ranked seventh among overstayers overall, with 2,228 people.

The official said this resulted from a jump in visa waivers to Indonesian tourists in December 2014. In 2013, before visa requirements were eased, only 113 Indonesians overstayed their visas. The number increased slightly to 164 in 2014, but spiked almost tenfold in 2015 to 1,200 people.

By visa type, short-term visitors — mostly tourists — were the biggest group with 42,478 people. But a significant surge was seen among people arriving as interns for the government’s foreign trainee program: 5,904 such people were found to be overstayers, a rise of 26.2 percent from last year.

The official said the result reflects the recent trend of an uptick in the number of foreign trainees fleeing workplaces, which hit a record 5,803 in 2015.

The foreign trainee program has been often criticized for the harsh labor conditions of foreign interns, who are often forced to work overtime, and for extremely low wages.

The ministry also said 3,063 illegal immigrants have been served deportation orders as of Jan. 1, of which 1,406 people were applying for refugee status.
ENDS

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

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Reuters: Death toll mounts in Japanese Detention Centers (aka “Gaijin Tanks”) as NJ seek asylum and are indefinitely detained and drugged

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Hi Blog.  Here’s another one of Reuters’ in-depth reports (I say “another” because they did an excellent on Japan’s “Trainee” Visa system as “sweatshops in disguise” back in 2014) on Japan’s deadly Detention Centers, aka Gaijin Tanks, where people wait indefinitely for refugee status or deportation (and, according to Amnesty International, are subjected to extortion and physical abuse, because Gaijin Tanks are not officially “prisons”, and are not subject to the same incarceration oversight that actual Japanese prisons get).  So what happens?  People die.  Reuters below has done some investigative journalism that more news agencies should be doing.  Be sure to visit the link to the Reuters site as well in order to see some good stats in graphic form, not to mention related articles.  Dr. ARUDOU, Debito

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

Death in Detention
Grim toll mounts in Japanese detention centers as foreigners seek asylum
By Thomas Wilson, Mari Saito, Minami Funakoshi and Ami Miyazaki

Reuters, Filed March 8, 2016, 2:45 p.m. GMT  Courtesy of JH.

http://www.reuters.com/investigates/special-report/japan-detention/
Photo Caption:  Niculas Fernando was in Tokyo to see his son and sit out potentially violent elections at home. The Sri Lankan’s death, in a cell monitored around the clock, reveals fatal flaws in a system stretched by record numbers of asylum seekers.

日本語版 (Read in Japanese)

TOKYO – Niculas Fernando died at a Tokyo immigration detention center sometime between 9:33 a.m. and 10:44 a.m. on November 22, 2014, according to the coroner.

But it wasn’t until shortly after 1 p.m. that day that guards realized something was badly wrong – even though Fernando had been moved to an observation cell monitored via closed-circuit television after complaining of sharp chest pain.

An inmate had to alert the guards before they rushed into Fernando’s cell and tried to revive him. They found him lying face down on a mattress stained with his urine. He was lifeless.

A devout Catholic from Sri Lanka, Fernando had come to visit his son, who lives in a Tokyo suburb where he works in a restaurant kitchen. He was the fourth person to die in Japan’s immigration detention system in 13 months. In total, 12 people have died in immigration detention since 2006, including four suicides. In 2015, 14 detainees tried to kill or harm themselves at the detention center where Fernando died, according to data from the facility.

A Reuters investigation into the circumstances surrounding Fernando’s death, including dozens of interviews with detainees, immigration officials and doctors, revealed serious deficiencies in the medical treatment and monitoring of Japan’s immigration detention centers. Guards with scant medical training make critical decisions about detainees’ health. Doctors visit some of the country’s main detention centers as infrequently as twice a week. And on weekends there are no medical professionals on duty at any of the immigration detention facilities, which held more than 13,600 people in 2014.

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Three of the four deaths in detention between October 2013 and November 2014, including Fernando’s, occurred when there were no doctors on duty. Like Fernando, another one of the detainees died while in an observation cell.

Japan’s immigration system is under increasing strain. As a torrent of refugees pours into Europe, Japan also has record numbers of people landing on its shores in search of refuge. As of June last year, it had 10,830 asylum applications under review – small by Europe’s standards, but a new high for Japan, a nation that has long been reluctant to take in outsiders.

In February, more than 40 detainees went on hunger strike at a facility in Osaka to protest their conditions [As they did in 2010, to little change — Ed.]. Their main complaint: Poor medical care.

The system’s oversight, too, is limited. Members of the watchdog body tasked with monitoring Japan’s 17 detention centers are appointed by the justice minister, who oversees the detention system. The findings of the watchdog are edited by the Justice Ministry before being made public, and the ministry has failed to act on repeated recommendations for improving medical care, say its members.

“I wanted to shout at them when I heard that guards left him alone for such a long time,” said Tooru Tsunoda, a doctor and vice chairman of the watchdog body that monitors the center where Fernando died. A report by the oversight group said guards “misjudged the seriousness” of Fernando’s condition. By not sending him to hospital immediately, the report found, they “missed opportunities to avoid his death.”

Report by immigration detention watchdog body on Niculas Fernando’s death
Justice Minister Mitsuhide Iwaki said the reports he received showed that in all four deaths, “appropriate medical steps” had been taken. “I do not acknowledge there were problems in the responses or the medical care provided.”

Fernando, who ran a travel agency back in Sri Lanka specializing in pilgrimages, hadn’t seen his son George for eight months when he reached Japan. Before he left home, he visited the many churches in his coastal hometown of Chilaw and “prayed for 24 hours,” said his wife, Magret.

A framed picture of Fernando sits on a table in the home where he and Magret lived from the time they wed in 1983. They had fallen in love and married within a month, even though Fernando’s family had initially opposed the union because Magret was nine years his elder.

The day before he died, Fernando called Magret from a payphone for inmates in the detention center. “He was not ill,” she said.

Sitting on a sofa and weeping quietly, she recalled Fernando’s last words before boarding the plane for Japan: “I’ll come back. Look after the children.”

He never returned. In fact, Fernando never made it through immigration at Tokyo’s Haneda Airport.

George and his wife waited in the arrival hall for Fernando after his plane landed at around 11 p.m. on Nov. 12. At 2 a.m. they learned Fernando had been detained by immigration officials who did not believe he was a genuine tourist.

“We would have loved to hear our father’s voice, but they didn’t give him the chance to talk to us,” said George, 27, speaking in Sinhalese through an interpreter at his apartment.

Two days later, George got to see his father. They met in a small room at Haneda Airport, separated by a glass partition.

“We couldn’t touch or hug,” said George.

George and his two brothers portray their father as a devoted family man who prayed daily, never drank and often took his family with him on work trips around Sri Lanka and India.

“He’d pray for at least an hour every morning, bowing down,” said his eldest son, Jerad, standing outside the home of a relative in a village near Chilaw. “His knees were black from the marks made from praying.”

One family photo shows Fernando playing a guitar as Catholic pilgrims dance behind him during a 2012 tour of churches in the north of Sri Lanka. George recalls his father joining a peace mission to a Tamil Tiger-controlled area in the late 1990s led by Bishop Malcolm Ranjith during Sri Lanka’s civil war.

Fernando “voluntarily joined our group and went as part of our pilgrimage,” Ranjith, who is now archbishop of Colombo, told Reuters. He described Fernando as “a very pious person.”

Fernando also was active in one of Sri Lanka’s main political parties, and that background may be key to understanding a surprising decision he made during his detention – to ask for asylum.

George said his father was a supporter of the United National Party (UNP), which now heads the ruling coalition in Sri Lanka, and had been the target of political violence in the past. With speculation growing that national elections were imminent, Fernando timed his visit to Japan so he could sit out the vote and escape any potential violence, George said.

But facing deportation after his arrest at Haneda Airport, Fernando decided to seek asylum, which would have allowed him to stay in Japan while his request was processed. He was going to return home once any election-related violence had subsided, his son said.

Elections in Sri Lanka were formally announced on Nov. 20. Fernando died two days later, before he could file the asylum papers, George said.

George and his Sri Lankan wife have been seeking asylum themselves in Japan for almost two years. A copy of his application says George faced death threats from political rivals when he worked for the UNP, which was in opposition at the time he sought asylum.

Asylum applications have jumped more than six-fold since Japan altered its immigration rules in 2010. The change allowed asylum seekers to obtain six-month renewable work permits while their applications are reviewed. But Japan is sparing when it comes to granting asylum: Only 27 people were approved in 2015.

The rule change, combined with Japan’s chronic labor shortage and strict immigration policy, has spawned a system of backdoor immigration, as Reuters illustrated last year in an article detailing Subaru’s heavy reliance on asylum seekers who toil in the factories that supply it with car parts.

Five days after arriving, Fernando was transported from a lock-up at the airport to the Tokyo Regional Immigration Bureau, a tower block overlooking the docks and a waste-incineration plant. A one-stop shop for visa renewals, asylum interviews and deportation orders, the complex also serves as a detention center for up to 800 people.

Fernando was placed in a cell in G-Block with two other detainees, from China and Peru. Fellow detainees described him as a serious man obsessed with cleanliness.

On the Saturday morning Fernando died, James Burke, a Canadian in the adjacent cell, was awakened by the Sri Lankan’s cries. It was around 7 a.m. Noise travels easily on the block and Fernando was in obvious pain, Burke said. “He was moaning and moaning and moaning.”

Fernando’s Peruvian cellmate called the guards and told them the Sri Lankan wanted to go to the hospital because his chest was hurting. The guards refused, saying the hospitals were closed on Saturdays, according to Burke and two other detainees who witnessed the events and asked not to be named.

At least two hospitals within a few miles of the detention center are open around the clock on weekends, including Saiseikai Central Hospital, where Fernando’s body would be taken later that day. Naoaki Torisu, a senior Justice Ministry official who oversees immigration detention, declined to comment on what specifically the guards told Fernando.

“His symptoms didn’t seem that serious,” Torisu said. “If his condition had worsened, we would have called an ambulance or taken him to hospital without hesitation.”

At 7:30 a.m., guards measured Fernando’s pulse and blood pressure, according to an internal report by the Tokyo Regional Immigration Bureau that was reviewed by Reuters. They found no abnormality, Torisu said.

But Fernando soon called for the guards again, this time more loudly. “He’s in real discomfort,” recalled Burke, who was being held at the time for overstaying his visa and is now on provisional release from immigration detention. “He was begging them, ‘I’m a Christian and I wouldn’t lie. I need to go to hospital or I’m going to die.’”

Just before 8 a.m., guards led Fernando to a room to check his condition. A report by the national Immigration Bureau, which is part of the Justice Ministry, said the guards “could not grasp the seriousness” of the situation because another Sri Lankan detainee who was acting as an interpreter did not translate Fernando’s words accurately. But the Justice Ministry’s Torisu told Reuters the guards did understand what Fernando was saying.

When the Sri Lankan returned to his cell a short while later, he looked relieved, said Burke. He gathered his Bible and clothes. “You could see it in his face – he was getting his stuff, thinking he would get help.”

But Fernando wasn’t taken to hospital. At 8:16 a.m., guards moved him to an observation cell fitted with closed-circuit television for around-the-clock surveillance of detainees who are ill, unruly or have tried to harm themselves.

Around 9 a.m. Fernando again called the guards from the cell. They told him to wait until the morning roll call was over, said Burke and two other detainees.

At 9:22 a.m., Fernando washed his hands and appeared to vomit. He then lay face down on a futon, according to the Tokyo Regional Immigration Bureau report on his death. At 9:33 a.m., he stopped moving.

A few minutes later, a guard brought a television to Fernando’s cell. He called out but Fernando didn’t respond. Thinking the Sri Lankan was asleep, the guard didn’t check to see if he was all right, the report said. For the same reason, guards did not check Fernando for the next several hours.

Immediately after cell doors opened at 1 p.m. to allow detainees out for the afternoon break, the Sri Lankan who had interpreted for Fernando hurried to the observation cell. Fernando’s breakfast – the standard white bread, jam and boiled egg – lay untouched. Fernando wasn’t moving. His body was cold.

Alerted by the detainees, guards rushed into the observation cell. It was 1:03 p.m. – three and a half hours since Fernando had last shown any signs of life.

A guard performed CPR on Fernando, but it was too late.

An ambulance was called and his body was carried out of G-Block on a stretcher, his face uncovered, two detainees said. Two hours later, he was pronounced dead. He was 57 years old.

Koichi Uemura, a coroner asked by the national Immigration Bureau to write an in-depth autopsy report on Fernando’s death, told Reuters he was allowed to view the video footage of the Sri Lankan in the observation cell. He said it was possible to tell from the images that Fernando was struggling and moaning before he lay down in the cell.

Uemura said he was asked to compile a report after the Immigration Bureau had investigated Fernando’s death and found that “there was quite a high possibility that (the detention center) did not provide adequate medical care, and that his illness got worse because he was left unattended.” A doctor at the Tokyo Medical and Dental University who performs autopsies for the police and courts, Uemura stopped short of saying that Fernando’s death could have been avoided if guards had taken him to hospital.

The Justice Ministry rejected a public disclosure request by Reuters to view the video footage of the observation cell, citing privacy reasons.

Since 2010, the Immigration Detention Facilities Visiting Committee – the watchdog body – has repeatedly called for improvements to medical care at detention facilities. Six current and former members of the 20-person oversight body told Reuters that key recommendations have not been implemented.

Inmates voice a similar grievance. In two handwritten letters, the hunger strikers at the detention center in Osaka complained about limited access to doctors and said guards without medical training were making judgment calls about the health of detainees.

Their protest didn’t impress the authorities. Tomohisa Takayama, a spokesman for the Osaka Regional Immigration Bureau, said there was no “rational reason” for the complaints, and that the hunger strike ended after five days.

In May, a former member of the watchdog wrote to then-Justice Minister Yoko Kamikawa calling for full-time doctors at detention facilities, better monitoring of detainees who are unwell and improved psychiatric care.

But the watchdog lacks teeth. It doesn’t perform surprise inspections. Its visits to detention centers are pre-arranged, and its members are escorted by immigration officials.

There has been little change since the deaths. Guards have been given “fresh instructions to call ambulances” in situations where they are having trouble “making judgments,” said the Justice Ministry’s Torisu. And two guards are being trained as assistant nurses in the entire detention system, which on Nov. 1 last year was holding 1,070 inmates.

It is “probably insufficient” that there are no doctors on duty at weekends, but that doesn’t mean medical care is lax, said Torisu.

On Nov. 22, the day Fernando died, George got a call from a family friend. “He asked me to calm down, to sit down,” George recalled, his eyes filling with tears. “He told us my father had passed away… I asked God why he took my father.”

The next day, George tracked Fernando’s body to a police station near the detention center. Officers there tried to stop him from opening the white body bag that contained his father’s body.

OBSCURED: Large sections of an official report on Niculas Fernando’s death that was released to Reuters were redacted. Click here to view the report. Source: Justice Ministry, Japan

“But I opened the bag,” he said. “I asked them if they were investigating my father’s death. They said they were, and when they had the report they’d tell me.”

George has never received any of the reports on his father’s death. On Dec. 19, almost a month after he lost his father, George received the death certificate. It didn’t contain the answer he’d been seeking: Cause “unknown,” it said.

That same day, Fernando was cremated about three miles from the detention center where he died. His family had hoped for a Catholic burial in Chilaw, but could not afford to fly his body home. His third son, Jude, who traveled to Japan for the funeral, is also now seeking asylum.

It would be another three months before Fernando’s family learned from Sri Lanka’s Foreign Ministry that he had died of a heart attack.

“I can’t believe that I lost my father,” said George. “Japan’s immigration authorities must take responsibility for my father’s death.”

The Justice Ministry has not made public the findings of the investigation into the case nor released them to Fernando’s family.

In response to a public disclosure request, Reuters received a copy of the national Immigration Bureau’s report from March last year. It was heavily redacted. Under a section titled “Problems,” every line had been blacked out.

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

SUB-ARTICLE

Death, drugs and detention

By Minami Funakoshi, Thomas Wilson, Ami Miyazaki and Mari Saito
In the 13 months before Niculas Fernando died in a Japanese immigration detention center in 2014, three other men suffered the same fate.

• Anwar Hussin, 57, a Rohingya from Myanmar, died on Oct. 14, 2013, after suffering a stroke while being held at the same detention center as Fernando.

• Saeid Ghadimi, a 33-year-old Iranian, choked on food and died on March 29, 2014, at the East Japan Immigration Center in Ibaraki prefecture, a sprawling complex set among rice paddies northeast of Tokyo.

• Flaubert Lea Wandji, a 43-year-old Cameroonian, died at the same center the next day, most likely due to acute heart failure.

The names of Ghadimi and Wandji, and many of the details of their deaths, have not been previously reported.

Like Fernando, Wandji died after being moved to an observation cell so his condition could be monitored. But the guards failed to grasp the need to take Wandji to hospital, the watchdog committee that monitors Japan’s detention centers said in a report last March to the national Immigration Bureau, which is part of the Justice Ministry. The report was reviewed by Reuters.

NO PROBLEMS: Justice Minister Mitsuhide Iwaki said ‘appropriate medical steps’ were taken in the case of all four men who died in immigration detention in the space of 13 months. REUTERS/Issei Kato/Files

The watchdog report drew attention to what it said was the heavy prescription of drugs to detainees. At the time he died, Ghadimi had been prescribed 15 different drugs, including four painkillers, five sedatives – one a Japanese version of the tranquilizer Xanax – and two kinds of sleeping pills, the report said. At one point during his incarceration, he was on a cocktail of 25 different pills.

“It is not an exaggeration to say he was in a so-called ‘drugged-up state,’” Teruichi Shimomitsu, a doctor and retired member of the watchdog body, wrote in a letter last May to then-Justice Minister Yoko Kamikawa.

Naoaki Torisu, a senior Justice Ministry official responsible for overseeing immigration detention centers, said parts of the committee’s report were “unclear.”

“Detainees take pills prescribed according to their medical needs,” he told Reuters. “I cannot grasp the exact intent behind the committee’s statement.”

Two psychiatrists cited in a November 2014 national Immigration Bureau report said the Iranian’s medications did not cause him to choke.

The prescription of sedatives and antidepressants is common in Japan’s detention centers, say doctors and detainees. Some inmates told Reuters they were given sedatives after arguing with guards or other detainees. Others said they became dependent on the drugs as they faced indefinite detention.

Checks are needed to ensure doctors do not prescribe “massive amounts” of sedatives to keep “rebellious” detainees quiet, Shimomitsu wrote in his letter to then-Justice Minister Kamikawa.

The Justice Ministry’s Torisu disputed that sedatives were used to pacify troublesome detainees. “Psychiatrists prescribe them because they are deemed medically necessary,” he said.

—————

ENDS

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Onur on continued racial profiling at Japanese hotel check-ins: Discrimination is even coin-operated!

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Hi Blog. Another letter below from a Debito.org Reader talking about how Japanese hotels are continuing to racially profile their customers at the behest of the police, and in a way actually against the law. More on this here. Reprinted with permission of the author.  Dr. ARUDOU, Debito

//////////////////////////////////////
March 3, 2016
Hello Dr. Debito,

I am a foreigner living in Japan. Your “WHAT TO DO IF” page has a column about “…you are asked for your passport number at a hotel, despite having an address in Japan.” and “…you are refused service at a hotel.”, which is very informative. I would like to share my experience.

I travel often, so I stay in many business hotels in Japan. Not all but many of them caused many problems due to the passport copy rule. Of course I carry only my residence card, not my passport. In the past I used to allow them when the hotel wants to copy my residence card. I remember that a hotel in Asakusa ward of Tokyo even asked me to copy my residence card by myself! The woman at the reception pointed the coin operated photocopier in the hall and told me to copy my residence card and bring it to the reception. I said it is coin operated, not free and she said pay the money to the machine. I paid the money, copied my residence card by myself and gave the copy to the reception. Even though it was hotel’s photocopier, they did not pay the money back!

Later I learned that as I have an address in Japan, hotels do not have the authority to ask my residence card and started to reject them when they asked to copy it. Still I was showing the card when they asked. Two years ago I had a bad experience at Inuyama Central Hotel in Aichi Prefecture. I wrote my Japanese address to the guest registration form, but two old male receptionists asked my passport. As I don’t carry it, I showed them my residence card and my address on it. They wanted to copy it, but I said no. They said that they must copy my residence card according to the law of Japan. I said copying is not necessary and they did not allow me to check-in! We had a long argument, but they refused me service. I was extremely tired and exhausted, it was late at night and it would be hard to find a place stay at that time, so I decided to resolve it the next day and allowed them to copy my residence card.

The next day I checked out and tried to find some help. Unfortunately it was Sunday and public offices were closed. I went to the the police center but they were not knowledgeable about the law. Then I went to the local Tourism Association. They called the hotel but the hotel said they are sure that the IDs of all foreigners must be copied. The association called other hotels to confirm and other hotels said that that law applies only to the tourists.

The association called again the Inuyama Central Hotel to inform, but the hotel said that they also checked it and learned that only the passports of tourists must be copied! I said I want to get the copy of my residence card back and went to the hotel. In the hotel I saw only a young female receptionist. She gave the copy and just said sorry (moushiwakegozaimasen). I said “I lost half a day and had many problems because of your hotel’s fault and is that all you say?”. She said moushiwakegozaimasen only and got rid of me. You can read my review and their reply on Rakuten travel at
http://review.travel.rakuten.co.jp/hotel/voice/108717/10869996?f_time=&f_keyword=&f_age=0&f_sex=0&f_mem1=0&f_mem2=0&f_mem3=0&f_mem4=0&f_mem5=0&f_cat1=1&f_cat3=1&f_teikei=&f_static=1&f_point=1&f_sort=0&f_next=0&f_offset=1

This problem is widespread in Japan, not limited hotels in the rural places, which are not familiar with foreign guests. Even Hotel Sunlite Shinjuku in Tokyo, which is a big hotel full of foreigner guests wanted to copy my residence card. My review is at
http://review.travel.rakuten.co.jp/hotel/voice/1026/11413873?f_time=&f_keyword=&f_age=0&f_sex=0&f_mem1=0&f_mem2=0&f_mem3=0&f_mem4=0&f_mem5=0&f_cat1=1&f_cat3=1&f_teikei=&f_static=1&f_point=1&f_sort=0&f_next=0&f_offset=4

Later I called the department related to the hotel law at Ministry of Health, Labour and Welfare (MHLW) by phone 03-5253-1111(ext: 2437)and asked the law. They said “The foreigners living and having an address in Japan do not have to show their ID to hotels. It is enough to write the address in Japan to the guest registration form. If the guest is living in Japan, the hotels do not have to copy IDs, or ask to see the IDs or check whether the address written to the guest registration form is correct”.

It seems like copying IDs of all foreigners is being enforced by the police. Recently I reviewed another hotel which asked to copy my residence card and as a reply they said that copying the residence cards is requested by the police. My review and their reply is on the page http://review.travel.rakuten.co.jp/hotel/voice/15873/13252581?f_time=&f_keyword=&f_age=0&f_sex=0&f_mem1=0&f_mem2=0&f_mem3=0&f_mem4=0&f_mem5=0&f_cat1=1&f_cat3=1&f_teikei=&f_static=1&f_point=1&f_sort=0&f_next=0&f_offset=1

I did a search on the Internet and saw that a Zainichi Korean had the same problem at Yonaga City in Tottori Prefecture and called the police station to clarify the rules. It is written in detail on the page http://blog.goo.ne.jp/gekkan-io/e/01e22b16aecd84285992755fc96f46b4. In short, the police accepted that they are forcing the hotels to check and copy the IDs of all foreigners! Police is even asking the hotel to call the police if a foreigner does not show his ID! At the same time they say that showing the ID is voluntary and a foreigner has the right to refuse showing it. A big dilemma!

Arguing with the hotels on this residence card check and copying is very annoying. Refusing to allow copying the card may not be enough as the hotel may continue asking it to other foreigners. Recently, when I stay in a hotel that asked to copy residence card, I am writing a review on Rakuten hoping that the hotel and checks and learns the real law. I also give a low rating to those hotels in the review. Average rating in on-line reservation sites is somewhat important in Japan, so probably many hotels would take it into account. If many foreigners people do the same thing, more hotels may abide the law.

Regards, Onur

Nagoya anonymous neighborhood poster warning of crime that “may have been committed by foreigners”: vigilantism that should be officially discouraged, but no.

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Hi Blog.  The people screaming “foreign crime” are at it again.  This time, it’s a danchi in Nagoya, and instead of the police being credited, it’s anonymous vigilantes.  Read on.  Courtesy of SM and PC:

ForeignCrimeJapan

Comment from submitters:

“This notification was in my mailbox this morning… It says that there were a number of burglaries in my neighborhood the other day & it is believed that the criminal is a foreigner and to be careful about taking precautions…

“My first thought: how do they know it was a foreigner?!? My second thought was: what kind of message does this give to the children who live here?

“Is it only me that thinks this smacks of discrimination?”

The flyer reads (translation by Debito):

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

!!URGENT MESSAGE!!

!BREAK-INS WHEN YOU’RE NOT HOME! (akisuu)

!!BE ON CLOSE GUARD!!

Today (January 29, 2016), there were several break-ins at our apartment complex.

It is thought that the culprits were foreigners, and there is a danger of them returning to commit more crimes.

Anti-crime measures by each family are a matter of course, but it is also very important for residents to watch out for each other and ask around.

Be on guard at all times.

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

COMMENT:  I’m not sure which is worse:  The thefts themselves, the anonymous warning, or the accusation that foreigners are behind it.  Especially given that theft is the most common crime in Japan by far and it is almost always committed by Japanese.  Again, these sorts of vigilante moves without anyone taking responsibility for spreading rumors are precisely what stir up passions and target people (sometimes with fatal consequences).  This should be discouraged by the authorities, but unfortunately it isn’t.  In fact, it’s precisely the same tactics the Japanese police use (see Arudou “Embedded Racism” Ch. 7).  Dr. ARUDOU, Debito

Suraj Case: Tokyo High Court rules Immigration Bureau not responsible for killing him during deportation

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Hi Blog. Continuing the farcical Suraj Case, where Immigration authorities were once held responsible for using “illegal excessive force”, asphyxiating a Ghanian deportee with forcible restraint during deportation procedures. The Tokyo High Court has just ruled that nobody is responsible for killing him.

In the ultimate blaming of the victim, the judge, named Takizawa Izumi, essentially ruled it all an issue of heart failure. Just an accident. It was even, quote, “necessary.”  Despite the Japan Times calling his death “brutal” back in 2011.

Clearly human life is cheap if it’s foreign in a Japanese Gaijin Tank.  Once again, NJ in Japan can be killed with impunity (more in “Embedded Racism”, Chapter Six). Dr. ARUDOU, Debito

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

In reversal, Tokyo High Court rules government not responsible for Ghanaian deportee’s death
BY TOMOHIRO OSAKI
THE JAPAN TIMES, JAN 18, 2016
http://www.japantimes.co.jp/news/2016/01/18/national/crime-legal/reversal-tokyo-high-court-rules-government-not-responsible-ghanaian-deportees-death/

In a reversal, the Tokyo High Court determined Monday that the government was not responsible for the 2010 death of a Ghanaian alledgedly subjected to excessive force by immigration authorities while being deported.

In overturning a lower court’s ruling, presiding Judge Izumi Takizawa said the level of physical force used by officials to restrain Abubakar Awudu Suraj, who was 45 years old at the time of his death, was “not illegal” and even “necessary.”

“Immigration authorities’ effort to subdue him was necessary to ensure his deportation would go smoothly,” Takizawa said.

“They are not culpable” for his death, the judge concluded.

The ruling overturns an order by the Tokyo District Court in March 2014 that the government pay a combined ¥5 million in compensation to his widow, who is a Japanese citizen, and his mother, who lives in Ghana.

The earlier ruling, which also held immigration officials responsible for Suraj’s death, was believed to be the nation’s first-ever court decision subjecting government officials to damages payments in connection with the death of a non-Japanese they mistreated.

[…]

In its 2014 ruling, the Tokyo District Court determined that, contrary to claims by authorities, Suraj had suffocated as a result of being forced into a crouching posture.

Citing the results of an autopsy that revealed the man had a minor heart condition called a cystic tumor of the atrioventricular node, immigration officials had originally blamed his death on a heart attack stemming from the tumor. They said Suraj had “happened to” suffer an attack at precisely the moment he was restrained.

Monday’s ruling said that although it is possible authorities’ use of force triggered an erratic heartbeat that led to his death, the tumor is so rare that there is no way officials could have predicted his death.

Full article at http://www.japantimes.co.jp/news/2016/01/18/national/crime-legal/reversal-tokyo-high-court-rules-government-not-responsible-ghanaian-deportees-death/

ENDS

HJ on Mainichi article on “Preventing Illegal Hires of Foreigners”; what about campaigns to prevent illegal ABUSES of foreign workers?

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Hi Blog. Turning the keyboard over to Debito.org Reader HJ, who translates and comments:

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

Found this rubbish on Mainichi:

外国人不法就労
ビラで防止訴え 赤羽署など /東京
毎日新聞2015年12月8日 地方版
http://mainichi.jp/articles/20151208/ddl/k13/040/192000c

外国人の不法就労や不法滞在を防ごうと、赤羽署などは7日、JR赤羽駅(北区)周辺で、外国人の適正な雇用を求めるビラを飲食店経営者や地域住民らに配るキャンペーンを行った。

同署員のほか、都や東京入国管理局などの職員ら約20人が参加。都が作成した「外国人労働者雇用マニュアル」も配布し、不法就労を知りながら外国人を雇用した事業主への罰則規定があることなどを紹介した。

東京オリンピック・パラリンピックに向けて多数の外国人の来日が予想されており、同署は「今後も定期的に注意喚起していきたい」としている。【神保圭作】

〔都内版〕

Translation (my own):
===================================
ILLEGAL EMPLOYMENT OF FOREIGNERS
Demanding Prevention with Handbills
Mainichi Shinbun, December 8, 2015

Hoping to prevent illegal employment of foreigners and illegal foreign residency, on December 7th the Akabane police department held a flyer-distribution campaign around JR Akabane station, distributing handbills, which urge the proper hiring of foreigners, to restaurant owners and area residents.

Other than police officials, city officials and Tokyo immigration bureau officals also participated, for a total of about 20 participants. They also distributed a ‘Foreign Laborers’ Employment Manual,’ created by the city, and introduced the penal regulations for business owners who knowingly employed illegal foreign laborers.

A police official stated that in light of the upcoming Tokyo Olympics and Paralympics, more foreigners are expected to be visiting Japan, so ‘from here on out we want to regularly urge caution’ [in regards to illegal foreign residency/employment].
==================================

What I noticed particularly is the lack of any effort to cite any statistics that might justify this blatantly fear-mongering use of taxpayer money. No citation of illegal foreign employment statistics, or what harm such infractions might meaningfully bring on society, or really any attempt to establish any reason for this “campaign” at all. It’s as if there’s no need at all to demonstrate why this behavior is necessary or what occasioned it in the first place.

We want to urge caution about illegal employment practices…because why? They’re on the rise? They cost taxpayers lots of money last year? There’s a lack of procedural knowledge? Where’s the handbilling to remind employers not to abuse their foreign employees? Haven’t we already seen many instances where that factually does occur? Where’s the “regular cautioning” about that? The whole thing is just completely disgusting.

Moreover, why the need to distribute handbills related to employment law to area residents? How does that have any effect on them at all, over then to instill in them a sense of mistrust of non-Japanese residents, which itself has no basis in reality, and which furthermore has nothing to do with the average resident at all?

The more I’ve started reading Japanese newspapers, the more I’m starting to feel like all you have to do to find this sort of incendiary, blatantly racist behavior is due a keyword search for “外国人.” It’s like they’re just incapable of discussing foreigners without blatantly exposing their ignorant prejudice.  HJ

JT: Sakanaka argues success of ‘Abenomics’ hinges on immigration policy (old article from May 2014; not much has changed)

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Hi Blog.  Here’s an article that is about a year and a half old, but it’s remarkable how much the landscape of the debate on immigration into Japan has not changed since.  We have immigration proponent Sakanaka Hidenori (of whom I am a fan:  I cite him extensively in book “Embedded Racism“, and deal with the arguments below in Ch. 10) meeting with people who are only concerned about money, and arguing that immigration is also important for them to keep their fix.  Meanwhile, from a political standpoint, it is clear in the article below that Abe and his power elite aren’t really going to budge on the issue either:  To them, foreign residents are merely temporary workers, who should come here and contribute but not expect a stake in their investments into this society.  Not really news, I guess, but the issue is laid out so nakedly clear here, especially in the last half of the article.  Have a read.  Dr. ARUDOU, Debito

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

Success of ‘Abenomics’ hinges on immigration policy
BY REIJI YESHIVA, THE JAPAN TIMES MAY 18, 2014
http://www.japantimes.co.jp/news/2014/05/18/national/success-abenomics-hinges-immigration-policy/

In March, Hidenori Sakanaka, a former director of the Tokyo Regional Immigration Bureau, was contacted by — and met with — a group of people he had never dreamed of crossing paths with: asset managers from global investment firms.

Sakanaka, who now heads the Japan Immigration Policy Institute in Tokyo, was asked to explain Japan’s notoriously tight immigration policies and his proposal to drastically ease them to save Japan from the severe consequences of its rapidly aging and shrinking population.

Sakanaka said the asset managers showed strong interest in a remark made the previous month by Prime Minister Shinzo Abe, and that they were wondering if they should buy Japanese assets, such as stocks and real estate.

In February, Abe indicated he is considering easing Japan’s immigration policies to accept more migrant workers to drive long-term economic growth.

The asset managers reportedly included representatives from investment giants BlackRock Inc. and Capital Group.

“Global investors have a consistent policy of not investing in a country with a shrinking working and consumer population,” Sakanaka told The Japan Times.

“If the working population keeps shrinking, it will keep pushing down consumption and the country will be unable to maintain economic growth. In short, this means the growth strategies of ‘Abenomics’ can’t be successful without accepting immigrants,” Sakanaka said.

Abe is set to revamp in June the elusive “third arrow” of his economic program — structural reforms and subsidies that could boost Japan’s potential for mid- to long-term growth.

Whether drastic deregulation of immigration is part of the third arrow is something that both the public and the foreign investment firms want to know.

Japan’s population will dramatically shrink over the next five decades, from 117.52 million in 2012 to 87 million in 2060 — if the fertility rate doesn’t climb. The rate is expected to hover at 1.39 this year before dipping to 1.33 through 2024 and edging up to 1.35 for the foreseeable future.

Gross domestic product is expected to shrink accordingly, which could reduce the world’s third-largest economy to a minor player both economically and politically, many fear.

“Whether to accept (more) immigrants or not is an issue relevant to the future of our country and the overall life of the people. I understand that (the government) should study it from various angles after undergoing national-level discussions,” Abe told the Lower House Budget Committee on Feb. 13.

On May 12, members of a special government advisory panel on deregulation proposed creating six special regions where visa regulations would be eased to attract more foreign professionals and domestic helpers and baby sitters to assist them.

The daily Nikkei reported the government is likely to insert visa deregulation for certain types of foreigners in the Abenomics revamp due in June, but how many he is willing to let in remains unclear.

The conservative politician has so far appeared reluctant to promote heavy immigration and risk transforming Japan’s stable but rather rigid and exclusive society.

Abe has argued Japan should give more foreigners three- to five-year visas rather than let a massive number of immigrants permanently settle in Japan.

“What are immigrants? The U.S. is a country of immigrants who came from all around the world and formed the (United States). Many people have come to the country and become part of it. We won’t adopt a policy like that,” Abe said on a TV program aired April 20.

“On the other hand, it is definitely true that Japan’s population will keep shrinking and Japan will see a labor shortage in various production fields,” Abe said, adding he will consider easing regulations on issuing three- to five-year visas.

“It’s not an immigrant policy. We’d like them to work and raise incomes for a limited period of time, and then return home,” Abe said.

Among the core supporters of LDP lawmakers, including Abe himself, are nationalistic voters opposed to welcoming large numbers of unskilled foreign laborers, who are now barred from Japan. They fear that bringing in such people would increase the crime rate and deprive Japanese of job opportunities in the still-sluggish economy. This concern seems to be shared by a majority of Japanese. According to a poll by the daily Yomiuri Shimbun in April, while 74 percent of the 1,512 polled said they believe population decline will hurt Japan’s economy and contribute to its decline, 54 percent said they opposed bringing in more foreigners versus 37 percent who backed the idea.

Two high-ranking officials close to Abe, speaking on condition of anonymity, have said they are aware that foreign investors are interested in potential changes in Japanese immigration policy.

But their main interest appears to be to keep foreign investors interested in Japan, and trading on the Tokyo Stock Exchange, rather than transform Japan into a multicultural society by accepting more immigrants.

One of the two officials has repeatedly suggested he is paying close attention to foreign investors, pointing out that it is they, not Japanese investors, who have been pushing up stock prices since Abe took office in December 2012.

“We won’t call it an immigration policy, but I think we should accept more foreign workers,” the official said in February.

Hiking immigration is a sensitive issue for the conservative Liberal Democratic Party, the official said. But the idea of using them to fill shortages in medical, nursing, child care, for example, would be more palatable to such politicians, the official added.

Abe’s call for more short- to midterm migrant workers might help the short-handed construction, medical and nursing industries, among others. But it is unlikely to solve Japan’s long-term population crisis.

Junichi Goto, professor of economics at Keio University and an expert on immigration issues, said few people are opposed to bringing in more foreign professionals to reinvigorate the economy and that deregulation is urgently needed.

When it comes to unskilled workers, however, Goto is opposed to flooding Japan with cheap labor and says that a national consensus on the issue hasn’t been formed yet.

According to Goto’s studies and simulations, bringing in low-wage, unskilled foreigners would benefit consumers by pushing down domestic labor costs and thus prices for goods and services, thereby boosting consumption. On the other hand, he says the cost of domestic education, medical and other public services would rise.

The benefits of bringing in foreigners will far outweigh the demerits, unless Japan ships them in by the millions, Goto’s study says.

“If the Japanese people wish to accept millions of foreign workers, that would be OK. But I don’t think they are ready for such a big social change yet,” Goto said.

Instead, Goto argued that Japan should first encourage more women and elderly to work to offset the predicted shrinkage. It should then ease regulations to lure foreign professionals rather than unskilled laborers, and reform the rigid seniority-based wage system to make it easier for midcareer foreigners to enter the labor market, Goto said.

At any rate, the rapid demographic changes now hitting Japan are unlikely to leave much time for the people to make a decision.

The proportion of seniors 65 or older will surge from 24 percent to as much as 39.9 percent in 2060, raising the burden on younger generations to support social security.

The Japan Policy Council, a study group of intellectuals from various fields, estimates that in 2040, 896 of Japan’s municipalities, or virtually half, will see the number of women in their 20s and 30s decline by more than half from 2010 as they flock to big cities.

Such municipalities “could eventually vanish” even if the birthrate recovers, the group warned in a report May 8.

Sakanaka praised Abe’s February remarks, saying it is a significant change from Japan’s long-standing reluctance to accept foreign workers.

But if Abe decides to open Japan only to short-term migrants, rather than permanent immigrants, Abenomics will end in failure, Sakanaka warned.
ENDS

My latest Japan Times JBC Col 93: “Tackle embedded racism before it chokes Japan”, summarizing my new book “Embedded Racism”

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JUST BE CAUSE
justbecauseicon.jpg

Tackle embedded racism before it chokes Japan
BY DEBITO ARUDOU
The Japan Times, NOV 1, 2015

Japan has a dire problem it must address immediately: its embedded racism.

The country’s society and government are permeated by a narrative that says people must “look Japanese” before they can expect equal treatment in society.

That must stop. It’s a matter of Japan’s very survival.

We’ve talked about Japan’s overt racism in previous Just Be Cause columns: the “Japanese only” signs and rules that refuse entry and service to “foreigners” on sight (also excluding Japanese citizens who don’t “look Japanese”); the employers and landlords who refuse employment and apartments — necessities of life — to people they see as “foreign”; the legislators, administrators, police forces and other authorities and prominent figures that portray “foreigners” as a national security threat and call for their monitoring, segregation or expulsion.

But this exclusionism goes beyond a few isolated bigots in positions of power, who can be found in every society. It is so embedded that it becomes an indictment of the entire system.

In fact, embedded racism is key to how the system “works.” Or rather, as we shall see below, how it doesn’t…

Read the rest at
http://www.japantimes.co.jp/community/2015/11/01/issues/tackle-embedded-racism-chokes-japan/

Please comment below, and thanks for reading!

Asahi TV: Police training drill in Tokyo on how to deal with jewelry thieves brandishing knives. Oh, and they’re “foreign” thieves.

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Hi Blog.  Apparently the Tokyo police believe that jewelry stores need training in how to fend off thieves.  Foreign thieves, that is.  Even though according to the NPA’s own statistics, theft (almost always committed by Japanese) is by far the most common crime in Japan — even more than traffic accidents!

And by “foreign thieves”, we don’t just mean the cat-burglar type of jewel thief (although even police also claim those as due to “foreigners” because of their “daring”.  Seriously.)  We mean the loud, violent type, with perps shouting “kane” while wielding knives, as foreigners do, right?  Fortunately, they can be repulsed by shopkeepers wielding poles and by police brandishing batons.

TV Asahi was on the scene to record the event at a real jewelry store in public (in Okachimachi, Tokyo) to make the proceedings even more visible.  Broadcast October 9, 2015.  Check it out:

Courtesy of http://news.tv-asahi.co.jp/news_society/articles/000060244.html


https://www.youtube.com/watch?v=InY88UamAjI

If above links are dead, this video has been archived below (mp4), courtesy of DG and JLO.

TV Asahi:  実際の宝石店を使って強盗への対応訓練が行われました。

訓練は、2人組の外国人が指輪を奪い、店員にナイフを突き付けて現金を要求する想定です。
警視庁上野署・田邉彰生活安全課長:「安全安心な御徒町を目指してやっていきたい」
JR御徒町駅周辺では、去年から今年にかけて宝石店での窃盗事件が数件起きていて、警視庁は防犯対策を強化していきたいとしています。

COMMENT:  If you want an exercise to show how to repulse robbers, fine.  But there is no need to depict them as foreigners.  Depict them as thieves, regardless of nationality, and arrest them.  Dr. ARUDOU, Debito

More public-policy bullying of NJ: LDP Bill to fine, imprison, and deport NJ for “fraud visas” (gizou taizai), e.g., visa “irregularities” from job changes or divorces

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Hi Blog. Some more wicked policy is in the pipeline, giving the government (and the general public) even more discretion to target NJ for criminal penalty.

Consider the policy below in the Japan Times article, creating a new form of criminal called “gizou taizaisha” (“bogus visa holder” in the translation, but more in the spirit would be “fraudulent visa holder”).  This has been discussed on Debito.org before in the context of fabricating a foreign crime wave (where despite statistically plummeting for many years now, the police can still claim foreign crime is rising because in Japan it allegedly “cannot be grasped through statistics”).

Naturally, this issue only applies to NJ, and this means more racial profiling.  But for those of you who think you’re somehow exempt because you’re engaged in white-collar professions, think again.

Immigration and the NPA are going beyond ways to merely “reset your visa clock” and make your visa more temporary based on mere bureaucratic technicalities.  This time they’re going to criminalize your mistakes, and even your lifestyle choices.

Read the article below and consider the permutations that are not fully covered within it:

Which means you’re more likely stuck in whatever dead-end profession or relationship (and at their whim and mercy).  For if you dare change something, under this new Bill you might wind up arrested, interrogated in a police cell for weeks, convicted, fined, thrown in jail, and then deported in the end (because you can’t renew your visa while in jail).  Overnight, your life can change and all your investments lost in Japan — simply because of an oversight or subterfuge.

Source for these issues at Higuchi & Arudou’s bilingual HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS TO JAPAN.  NJ in Japan already have very few protected human or constitutional rights as it is.  This law proposes taking away even more of them, and empowering the Japanese police and general public to target and bully them even further.  Dr. ARUDOU, Debito

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

Immigration crackdown seen as paving the way for state to expel valid visa-holders
The Japan Times, August 19, 2015 (excerpt), courtesy lots of people

[…] Prime Minister Shinzo Abe’s government has submitted a bill to revise the immigration control law that will stiffen the crackdown on individuals it views as an emerging threat to public safety.

While it is unclear whether the bill will be passed during the current Diet session that ends in late September, lawyers and activists warn it is intended to give authorities leeway to weed out foreigners they consider “undesirable.”

Not only that, the envisaged law is so broadly defined that its impact could in reality extend to any foreigners who have mishandled their paperwork in applying for visas, they said, adding it even risks stoking xenophobia among the Japanese public.

The revision takes aim at what the government tentatively calls bogus visa holders, or giso taizai-sha (those staying under false visa status). The government has no official definition for them, but the term typically refers to foreigners whose activity is out of keeping with their visa status.

“The tricky thing about them is that they are outwardly legal,” immigration official Tomoatsu Koarai said, adding they possess a legitimate visa status and therefore are registered on a government database as legal non-Japanese residents.

Examples include “spouses” of Japanese nationals married under sham marriages, “engineers” whose job has nothing to do with engineering, and “exchange students” who no longer engage in academic activities after facing expulsion, the Justice Ministry said. Unlike visa overstayers, whose illegal status is clear-cut, these bogus visa holders theoretically remain legal until they are apprehended and have their visas revoked.[…]

Under the current framework, bogus immigrants are stripped of their visa if apprehended, but they face no criminal penalty, although they will either be deported immediately or instructed to return home within a month, depending on the circumstances.

The law, if enacted, will subject those who obtained or renewed visas through “forgery and other unjust measures” to criminal penalties, including up to three years’ imprisonment and/or a maximum fine of ¥3 million. The ministry believes imposing criminal penalties will serve as a deterrent.

The envisaged law will also expand the scope of foreigners subject to visa revocation.

Currently, foreign residents are allowed to retain their visa for three months after stopping their permitted activities. The bill calls for scrapping this three-month rule and ensuring that foreigners who discontinue their activities forfeit their residency status the instant they are caught engaging in something different or “planning to do so.” […]

Lawyer Koji Yamawaki, for one, pointed out that requirements for criminal penalties were too broad.

Similar court rulings in the past suggest the phrase “forgery and other unjust measures” does not just refer to cases involving obvious deception and mendacity, he said. It could also include simple missteps on the part of foreigners in filling out application forms, such as failing to notify immigration beforehand of some minor facts concerning their life in Japan, he said.

“For example, it’s often the case foreigners applying for a working visa don’t inform immigration of the fact they live together with someone they are not legally married to, because they thought the information was not relevant. But the reality is many of these omissions have been deemed by immigration serious enough to revoke one’s visa,” Yamawaki said.

What’s worse, after the law’s enactment, these minor lapses could not only cost foreigners their residency status, but hold them criminally liable.

“The point is, under the intended law, even if you’re not being actively deceitful, you could still be prosecuted for simply not mentioning facts that immigration wanted to be aware of — no matter how irrelevant and trivial they may be. The law is that broad,” the lawyer said. […]

One such example is technical interns who work under a state-backed foreign traineeship program called the Technical Intern Training Program.

Under the discredited initiative, allegations are rife that interns have been underpaid, forcedly overworked and abused sexually and verbally by unscrupulous employers. Fed up with subpar wage standards, a record 4,851 interns fled their workplaces in 2014, according to Justice Ministry data.

As the ministry acknowledges, these “runaways” will be considered in violation of the envisaged law once it takes effect, too, because — technically speaking — they no longer are fulfilling their duties as “technical interns” as per their visas.

Full article at
http://www.japantimes.co.jp/news/2015/08/19/national/crime-legal/immigration-crackdown-seen-paving-way-state-expel-valid-visa-holders/
ENDS

Japan Times: Govt “Snitch Sites” being used to target Zainichi Koreans for harassment

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Hi Blog. In the previous blog entry, I pondered aloud a future Japan after the rule of law and the Japanese Constitution is further eroded for the sake of reactionary nationalism. Under Debito.org’s purview, without clearer evidence I wasn’t able to speculate how this would affect NJ residents of Japan. Now there is some evidence (which was brought up elsewhere on Debito.org within Comments starting from here) within a Japan Times article excerpted below.

Not all that long ago, NJ residents of Japan were basically seen as misunderstood guests. As I describe in great detail in my upcoming book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (out in November), thanks to GOJ campaigns in the 2000s the narrative officially shifted to seeing NJ as a source of crime, illegal overstaying, infectious diseases, and terrorism.

As can be seen in the JT article, this attitude has percolated down to the interpersonal level. Again, not that long ago, Japanese in general were quite unaware that NJ had to carry “Gaijin Cards” 24-7 or face arrest, detention, and financial penalty (many I talked to were even more flabbergasted when they realized that NJ fingerprinting — the hallmark of criminal tracking in Japan — was once involved).

This has clearly changed:  anonymous xenophobes-cum-bullies empowered by the Internet are now aware enough of NJs’ vulnerable status as something trackable by Gaijin Cards (thanks to official NJ-targeting campaigns such as this one, found in places like subway stations back in 2011) that they are now spreading false rumors about Gaijin Card conversion (from the ARC to the remotely-trackable Zairyuu Card) and visa overstaying (in this case targeting the Zainichi Korean “generational foreigners” ethnic minority in Japan).  They are now “overwhelming Immigration” with “tips from bounty seekers”.

The kicker to this incident is that the internet bullies have been empowered by a system of “snitch sites” that the Japanese Government set up long ago (and Debito.org has long decried as incredibly open to abuse: see also here) to anonymously rat on any NJ based upon any reason whatsoever. Did the fools who set up this system really think that sooner or later this wouldn’t happen?  What’s next, as Japan’s general public starts to get involved in this GOJ-sponsored “Gaijin Hunt”? Dr. ARUDOU Debito

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

Xenophobic wave of tips target ‘illegal’ Korean residents; immigration bureaus overwhelmed
by Tomohiro Osaki, Staff Writer
The Japan Times, Jul 21, 2015 (excerpt)

An Internet rumor that hundreds of thousands of ethnic Korean residents are to be deported has seen immigration bureaus nationwide deluged with “tips” from bounty seekers and others about neighbors who in fact remain legal residents.

It has so overwhelmed local offices that the Justice Ministry has spoken out to deny claims that Zainichi ethnic Koreans with “special permanent resident” status are now subject to deportation. The group comprise mostly ethnic Koreans and their descendants.

It is unclear whether the rumor arose by mistake or was maliciously devised by racists and right-wingers, but it appears to have tapped a national thread of xenophobia, given the volume of callers trying to turn their neighbors in.

The rumor says ethnic Koreans forfeited their residency status after July 8. Although Zainichi identity papers are in fact being upgraded to a new system, that date was only a deadline for foreign citizens to swap certificates of alien registration for a new identification card.

Within days, immigration bureaus witnessed a surge in calls, letters and emails from members of the public informing against special permanent residents, according to Justice Ministry official Masashi Shimazu.

“The reports came unexpectedly and the situation needs to be corrected,” Shimazu said.

Typical messages inciting tipoffs could easily be found on the Internet on Tuesday. Tweets and comments on discussion forums said that denouncing one Korean residing in the country illegally would lead to a bounty of ¥50,000. These postings pointed readers to a website operated by the ministry soliciting tips on the whereabouts of illegal immigrants.

Shimazu acknowledged that the ministry site received some emails seeking to inform on people in the country legally, but declined to divulge the number.

The ministry moved fast to try to counter the misunderstanding. Last Thursday it posted a notice on its website assuring ethnic Koreans and other special permanent residents that failure to obtain the new ID by the July 8 deadline “would not lead to deprivation of their status as a special permanent resident.”

The ministry also plans to define in clearer terms who it refers to as “illegal immigrants,” Shimazu said, adding that the chief target is people who overstay their visa. […]

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

Rest of the article at
http://www.japantimes.co.jp/news/2015/07/21/national/xenophobic-wave-tips-target-illegal-korean-residents-immigration-bureaus-overwhelmed/

ENDS

Japan Times Just Be Cause 89, “Media redraw battle lines in bid for global reach”, on Fuji network’s acquisition of Japan Today.com, July 6, 2015

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Hi Blog. Coming out tomorrow is my latest Japan Times column. Opening paragraphs:

justbecauseicon.jpg

============================================
Media redraw battle lines in bid for global reach
By Dr. ARUDOU, Debito, July 6, 2015
JUST BE CAUSE column 89 for the Japan Times Community Page

http://www.japantimes.co.jp/community/2015/07/05/issues/media-redraw-battleines-bid-global-reach/ 

Something significant happened in April that attracted only desultory press coverage, so let’s give it some more.

GPlus Media Co., which operates English-language websites Japan Today and GaijinPot, was sold to Fuji TV-Lab, a subsidiary of Fuji Media Holdings Inc. The Fuji Media group has the Fuji Television Network under its wing, as well as the conservative daily Sankei Shimbun as an affiliate.

This matters to Japan’s resident non-Japanese (NJ) communities. Fuji TV was recently caught fabricating subtitles falsely quoting South Korean commenters as “hating Japan” (Japan Times, June 29). That’s an incredibly dishonest thing for a nationwide broadcaster to do, especially when it may have a nasty impact on Japan’s Korean minorities.

However, the Sankei Shimbun as a newspaper I believe is no less nasty.

Over the past 15 years, for example, they have run articles grossly exaggerating foreign crime (see “Generating The Foreigner Crime Wave”, Japan Times, Oct. 4, 2002), a column claiming that Chinese had criminal “ethnic DNA” (May 8, 2001, written by regular columnist and former Tokyo Gov. Shintaro “let’s fight a war with China” Ishihara) and an opinion piece by Ayako Sono on Feb. 11 that praised the racial segregation of South African apartheid as a model for Japanese immigration policy.

The Fuji-Sankei group offers pretty much unwavering support to the country’s right-wing causes and talking points. They are further right than the Yomiuri — and that’s saying something.

Before I get to why we should care, let’s look briefly at the existing landscape of the nation’s English-language media. (I focus on the English-language press because Japan’s own ruling class does — to them, English is the world language, and Japan’s portrayal in it is of intense concern.)

In addition to The Japan Times (the country’s oldest English-language newspaper, independent of any domestic media conglomerate), other English papers at one time included The Daily Yomiuri, The Asahi Evening News and The Mainichi Daily News.

The last three were all “vanity presses,” in the sense of major Japanese media empires using them to feel self-important in the international arena. They had Japanese bosses, managers and editors who had in-house Japanese-language articles translated for the outside world. And, yes, they were for outside consumption — Japan’s English-language readers were never numerous enough to sustain four daily newspapers!

They were complemented by Kyodo and Jiji wire services, piggybacking on print media with articles that had also been translated from Japanese. In my experience working with all of them, their general political slants were: the Yomiuri squarely rightist, the Asahi and Jiji center-right or center-left (depending on the editor), and the Mainichi and Kyodo generally leftist.

Regardless of their political bent, most of these presses during the late 1980s and ’90s employed NJ as reporters doing English articles. Granted, these articles did not necessarily appear in their Japanese flagships — vanity newspapering means information about Japan goes outward, not inward; NJ were never allowed to touch the controls, and seldom were their articles translated into Japanese. However, they did offer foreign voices to foreign residents.

It was a renaissance, of sorts: NJ reporters often reported on issues germane and beneficial to NJ residents. Not only was there lively debate in English, but also there were some boomerang benefits — for example, overseas newspapers (such as the almighty New York Times, the bete noire of Japan’s elites) picking up their stories and shaming Japan’s policymakers into making changes (for example, the abolition of fingerprinting on Alien Registration Cards in 1999).

However, this dynamic has shifted dramatically toward disempowerment over the past 15 years. According to one employee I have talked to, The Daily Yomiuri relegated its NJ staff to doing puff pieces on Japan before making them mere interpreters of Yomiuri Shimbun articles. The Asahi Evening News did the same, according to another former employee, purging its foreign bureau before they could unionize. The Mainichi Daily News, whose popular WaiWai column translated the country’s seedy tabloid journalism, was bombarded by Internet trolls decrying this apparent embarrassment to Japan; the paper then fired its best writers.

When the shakeups subsided, The Japan Times had raised its price and trimmed its pages, and the English versions of the Asahi and Mainichi had ceased their print publications entirely. The Daily Yomiuri renamed itself the anodyne “The Japan News,” an attempt in my opinion to whitewash its right-wing image. However, the upshot was vanity presses stopped carrying out investigative journalism in English and only hired NJ as translators.

Frozen out of major Japanese media, NJ have created their own community presses. Japan has long-running newspapers for Koreans, Chinese and Brazilians. Regions such as Fukuoka, Osaka, Kyoto, Nagoya, Sapporo and, of course, Tokyo have all launched their own local-content magazines (with varying degrees of success). And that’s before we get to the online fora and fauna. However, aside from offering events and outlets for aspiring authors, none have the national and international media footprint that online news site Japan Today has (where, full disclosure, I also worked as a columnist).

That’s why GPlus Media’s buy-up matters. This is an era of micromanagement of any media criticism of Japan (even NHK Chairman Katsuto Momii on Feb. 5 admitted publicly on that his network will not report on contentious subjects until the government has “an official stance”; in other words, NHK is now a government mouthpiece). Meaning this buy-up is another outsider’s voice being effectively silenced — and another rightist platform empowered.

Of all the major newspapers, only the Sankei Shimbun never had an English channel. That is, until now. And it’s not hard to guess how things will soon swing.

Already I am hearing murmurs of Japan Today’s moderators deleting reader comments critical of Japan’s media, anti-Chinese and anti-Korean sentiment, Fukushima investigations, and the revamped U.S.-Japan security arrangements.

Then again, that’s within character. To them, what’s the point of owning media if you can’t control its content?

However, the content is problematic because it is increasingly propagandistic. On June 16, for example, Japan Today reprinted an article from RocketNews24 (another Japanese media outlet devoting lots of space to puffing up Japan) on “the decline of Koreatown” in Tokyo’s Shin-Okubo district. It blamed, inter alia, bad Korean food, the actions of the South Korean government toward disputed islands and bad South Korean management practices.

It discounted the domestic media’s popularization of kenkan (“hatred of things Korean”), which a search of Amazon Japan demonstrates is a lucrative literary genre. It also made no mention, of course, of the off-putting effects of periodic public demonstrations by hate groups advocating that people “kill all Koreans.” Essentially, the thrust of the article was: Koreatown’s decline is due to market forces or it’s the Koreans’ own fault. How nice.

However, I shouldn’t just pick on the Sankei. The other major national Japanese newspaper we still haven’t mentioned — the Nihon Keizai Shimbun (Nikkei) — also appears to be getting in on the act.

According to MediaWeek, the Nikkei bought into U.K. media group Monocle in 2014 in order to, according to its CEO, “further boost its global reach.” In June, Monocle declared Tokyo “the world’s most livable city,” and Japan Today dutifully headlined this as news. All purely coincidence, of course.

The point is: The country’s rulers understand extremely well the crucial role of the media in mobilizing consent and manufacturing national image and narrative. In this current political climate under the administration of Prime Minister Shinzo Abe, who appears to be venomously opposed to any critical thinking of Japanese society, the last independent voice in English is what you’re reading now.

The Japan Times 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.

Long may The Japan Times stand. Long, too, may its columnists, ahem, as I have here for more than 13 years. However, Just Be Cause has for the first time felt pressure (with this column) after coming under increased scrutiny in the editing process. The Community pages have within the past 18 months been reduced from four pages a week to two. How much longer before they are sanitized or cut entirely?

This is why I encourage all readers to support The Japan Times. Send appreciative emails to the editorial desks. Have your school, university, library and community centers subscribe to it. Get it from the newsstand or buy an online subscription. Click on its advertisers. Invest in it — however you can.

If The Japan Times succumbs to economic and political pressures, who else will lend NJ residents a sympathetic voice, maintain a free online historical archive to thwart denialists, or offer a viable forum that serves NJ interests? Nobody, that’s who. Support the last man standing.

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

Debito’s own 20-year-old historical archive of life and human rights in Japan is at www.debito.org. Twitter @arudoudebito. Just Be Cause appears in print on the first Monday of the month. Comments and story ideas: community@japantimes.co.jp

ENDS

Kyodo: Summary Court overturns fine levied on Filipino-Japanese man after Osaka police botch assault probe — that punished him for defending himself against drunk Japanese assailants!

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Hi Blog. Check this article out, followed by a comment by Debito.org Reader and submitter JDG:

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

NATIONAL / CRIME & LEGAL
Filipino-Japanese exempt from fine after Osaka police botch assault probe
KYODO NEWS/JAPAN TIMES APR 24, 2015
http://www.japantimes.co.jp/news/2015/04/24/national/crime-legal/filipino-japanese-exempt-from-fine-after-osaka-police-botch-assault-probe/

OSAKA – The police investigation into a street brawl in Osaka in 2013 that resulted in a fine for a Filipino-Japanese man was superficial and should never have caused charges to be filed, a court in Osaka has ruled.

In a rare ruling, the Osaka Summary Court decided to exempt the 23-year-old defendant from punishment despite finding him guilty of assault, after hearing that the police failed to provide him with a Tagalog interpreter. The man can only speak limited Japanese.

According to the ruling, two drunken men began a quarrel with the defendant on a street in Osaka in June 2013. When one of them grabbed his collar, the Philippine-Japanese man punched him in the face, causing a broken bone.

Neither of the drunks was indicted. But the court initially ordered the Filipino-Japanese man to pay a ¥300,000 ($2,500) fine in January 2014. The defendant filed a complaint and sought a formal trial, leading to a ruling that effectively canceled the fine on Feb. 26.

The ruling was finalized on March 13 after the appeal period expired.

“This is de facto innocence,” said Masanori Matsuoka, the defendant’s lawyer. “It’s an excellent ruling that criticized the investigation of a man who cannot speak Japanese sufficiently.”

Judge Akinori Hatayama said it is unfair to punish only the Filipino-Japanese man, given that the drunken man was not indicted for assault.

The judge criticized the prosecutors for charging the defendant without properly considering the case and based purely on the degree of physical injury that resulted from the scuffle.
ENDS

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JDG: Well, this is an interesting case. Now, if we take the poor reporting to mean that ‘Filipino-Japanese’ = naturalized Japanese citizen of NJ descent, this story is quite telling.

Naturalized Japanese citizen is stopped in Osaka by two drunk Japanese guys, who grab his shirt collars whilst shouting at him. The naturalized Japanese punches one in the face in self-defense and is arrested, charged, goes to court, and is fined.

The Japanese assailants, since they are ‘victims’ of their own victims self-defense, are not apprehended, and win compensation from their victim!

Thankfully, this was over-turned at a [summary] court. But the fact that it played out like this clearly shows the intense institutional racism of the Japanese police and legal system. In effect, if you are Japanese, you can commit assault (by western standards) on NJ (well, anyone who was not born Japanese), and the legal system recognize you as the victim if you are injured whilst attempting assault!

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

Quite.  And, I might add, if he hadn’t taken it outside the criminal justice system (I assume) into Summary Court, he would have never gotten this ruling on the record either.

Clearly somebody had to go down for this incident in the cops’ eyes.  And since they saw what they considered to be a NJ involved (naturalized or not), they charged and convicted him.  Wrongly so, as this court ruling demonstrates — nearly two years later!  Dr. ARUDOU, Debito

Japan Today: Narita airport ends ID security checks for non-passengers

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Hi Blog.  One of the larger issues that Debito.org has taken up, that of Instant Gaijin Card Checkpoints (as in, racial profiling) for people for walking in public while NJ, might be (overtly) coming to an end, at least in the place where new entrants (and their entourage) get their first taste of it:  Narita International Airport.

We have discussed Narita Airport’s treatment of NJ customers in detail before.  According to the article below, they are installing spy cameras instead of having the labor-intensive (and unnecessarily invasive, given that the Narita Prefectural Police Force stoppages that Debito.org has concentrated on were targeting NJ who had ALREADY cleared security screenings) face-to-face singling out of people for extra scrutiny in a not-at-all-random manner.  One might counterargue that this is swapping Big Brother for Bigger Brother.  But I will still say that not having a potentially temperamental local cop, trained to see NJ as suspicous, getting into a jet-lagged person’s face is an improvement.  Let’s at least see if this will make Narita Airport behave less like a fortress, with cops manning the pikes against the international hordes.  Dr. ARUDOU, Debito

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Narita airport ends ID security checks for non-passengers
JAPAN TODAY National Mar. 30, 2015, Courtesy of MS
http://www.japantoday.com/category/national/view/narita-airport-abolishes-id-security-checks-for-non-passengers

NARITA — Narita International Airport on Monday abolished ID checks for non-passengers at the airport in Chiba Prefecture.

Since the airport opened in 1978, cars and buses have been stopped at various points, with occupants having to show ID such as passports, even if they weren’t departing on flights. Drivers were also required to get out and open the trunk of their cars. The ID checks at railway ticket gates have also been scrapped.

The checks were put in place early on because of violent protests against the airport by farmers and radical groups opposing the government taking their land. Officials determined that security efforts at the airport would have to be a maximum priority in order to ensure safe and smooth operations. As a result, all visitors to the airport have been subjected to long lines, thorough baggage checks, and large numbers of security personnel at each stage of entering and exiting the terminals.

Airport officials said new high-tech camera-based surveillance systems will use face-recognition technology, track license plate numbers and perform other tasks that in the past, have required a great deal of money and man-power, Sankei Shimbun reported.

Another reason for the change is that government officials feel the old way of enforcing security measures at Narita Airport may present serious problems during the upcoming 2020 Tokyo Olympics as record numbers of foreign tourists are expected to be in attendance.

A state-of-the-art camera surveillance system consisting of 330 individual cameras will be used with 190 of the units dedicated to facial recognition and related tasks, while the other 140 would be monitoring the exterior of the buildings and tracking license plate numbers, suspicious behavior and other relevant security information.
ENDS

JT: “Should Japan beef up its anti-terrorism measures?” Renewed political opportunism to further erode Postwar civil liberties, go soft on right-wing groups

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Hi Blog. Related to the increasingly tightening domestic security over Japanese society in the wake of attacks on Japanese citizens abroad, here is an overlooked article by Eric Johnston in the Japan Times a few days ago. It’s a long one, with contents excerpted below as germane to Debito.org. As we have talked in detail in the wake of other wakes, e.g., the G8 Summit in Hokkaido, the G8 Summit in Nago, the 2002 World Cup, other anti-democratic habits brought out in Japanese society whenever Japan holds an international event, and also a longstanding theory that Gaijin are mere Guinea Pigs (since they have fewer civil or political rights) to test out pupal public policy before applying it to the rest of the Japanese population, I believe what’s going on here is a long arc of further eroding Postwar civil liberties in the name of security and ever-strengthening police power in Japan in favor of rightist elements (see below). Dr. ARUDOU, Debito

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Security blanket: Should Japan beef up its anti-terrorism measures?
by Eric Johnston, Staff Writer
The Japan Times, March 21, 2015 [excerpt], courtesy of JDG
http://www.japantimes.co.jp/news/2015/03/21/national/security-blanket-japan-beef-anti-terrorism-measures/

[…] Since the exercise in Fukui nearly a decade ago, more than 100 drills in response to some form of security threat have been conducted at prefectures throughout the country. Assumptions behind the threats the drills are based on range from unidentified armed groups landing on the Japan Sea coast and bombing hospitals and medical facilities to railway station bombings in major cities and a widespread chemical weapons attack in central Tokyo.

While the law has prodded various local and central government agencies to coordinate a response, the Aum threat and the 2001 terrorist attacks in the U.S. began a process of rethinking about domestic security that first manifested itself at the 2002 World Cup and later in Hokkaido at the Group of Eight summit in 2008. In recent weeks, support for further measures picked up steam with the deaths of journalists Kenji Goto and Haruna Yukawa at the hands of the Islamic State group in the Middle East. The deaths of three Japanese tourists in Tunisia last week will simply accelerate what is already a fast-moving debate.

Suddenly, it seems, the domestic media, public and the political world are obsessed with threats, real and imagined, to the country’s security and to Japanese who venture abroad. Next year’s G-8 summit (sans Russia) will return to Japan, and seven cities — Hiroshima, Kobe, Nagoya, Shizuoka, Karuizawa, Niigata and Sendai — hope to host the world leaders of Japan, the United States, Great Britain, France, Canada, Germany and Italy.

The candidate cities have emphasized, in addition to their various cultural assets, their preparedness in the event of a security threat. Meanwhile, this year’s Tokyo Marathon saw an unprecedented level of police protection for the runners and those watching them, while security for the 2020 Tokyo Olympics could be some of the toughest ever seen. […]

Enemies of the State?

[…] However, former Aum members are not the [Public Security Intelligence Agency’s] only concern. Another four pages are devoted to the activities of groups trying to stop the construction of a replacement facility at Henoko for the U.S. Marine Corps Air Station Futenma in Okinawa, voicing support for keeping the 1995 Kono Statement regarding the “comfort women,” criticizing the government’s pro-nuclear energy policy, or protesting collective self-defense and the state secrets law that went into effect late last year.

In the case of the Henoko protesters, the Public Security Intelligence Agency says “Japan Communist Party … members and other anti-base activists from around the country are being dispatched to the Henoko area to engage in protests against the new facility.” The agency also says the Japan Communist Party mobilized supporters to assist two anti-base candidates in local elections last year: Susumu Inamine won the January 2014 Nago mayoral election, while Takashi Onaga won the November gubernatorial election running on anti-base platforms.

Over three pages, the Public Security Intelligence Agency claimed “extremist” groups were cooperating with overseas organizations to criticize the government’s position on the comfort women issue, and that the Japan Communist Party was involved in anti-nuclear demonstrations in Sendai, Kagoshima Prefecture, and in front of the Diet and the prime minister’s office. It further added that extremist groups were infiltrating anti-nuclear demonstrations and passing out flyers that called for all nuclear reactors to be decommissioned.

Two pages were devoted solely to the Japan Communist Party’s leadership and membership, and its criticism of Prime Minister Shinzo Abe and his government. The Public Security Intelligence Agency said the Japan Communist Party’s total membership is around 305,000, down from 410,000 back in 2010, while the average age of all members was 57 years old, up from 55.7 years old five years earlier.

By contrast, only 2½ of the report’s 75 pages were devoted to right-wing groups. The agency said right-wing groups had been involved in protests over the Senaku Islands, had called for the retraction of the Kono Statement on comfort women and had used the Asahi Shimbun’s apology in August over a story on wartime forced prostitutes as an opportunity to conduct protests at the newspaper’s branches nationwide.

There was no mention, by name, in the Public Security Intelligence Agency report of Zaitokukai, merely of a “right-wing-affiliated group” that made racist remarks. However, a separate report put out by the National Policy Agency earlier this month mentioned Zaitokukai by name and noted that 1,654 members of right-wing groups were charged with breaking the law in 2014. This included 291 people who were charged with extortion, although many charges were for traffic-related violations. […]

Among other things, the law attempts to promote increased police monitoring of whomever the government deems a potential threat by making secret materials or plans to prevent “designated harmful activities.” What’s a “designated harmful activity”? That’s the first of many questions as yet unanswered.

It’s the same with measures designed to prevent “terrorism,” an ill-defined legal concept, and critics of the law have warned that, under the pretext of “security,” Japan will see more police monitoring of any individual or group the state deems to be a threat.

Last July, a lawyers’ group for victims of police investigations of Muslims submitted a report to the United Nations Committee on the Elimination of Racial Discrimination on systemic surveillance and profiling of Muslims. In 2010, a report leaked on the Internet showed police collected and stored detailed personal information on Muslims in Japan. Seventeen victims sued the Metropolitan Police Department and the National Policy Agency over the issue.

In January 2014, Tokyo District Court ordered the metropolitan police to pay for violating the plaintiffs’ privacy by leaking personal data. However, the court also said police information gathering activities on Muslims in Japan constituted “necessary and inevitable measures for the prevention of international terrorism.”

The case is being appealed in the Tokyo High Court, but the initial ruling came down well before Haruna Yukawa and Kenji Goto were captured and executed by Islamic State militants earlier this year. Given the public shock and political reaction to those killings, extreme security measures of questionable legality are cause for worry, says Lawrence Repeta, a law professor at Meiji University.

“Despite the fact that the police had no evidence of illegal activities, the record shows they engaged in religious profiling of the Muslim community,” Repeta says. “Now that this intrusive police surveillance has been approved by the court, we should expect it to continue in coming years, as Japan hosts international events like next year’s Group of Seven conference and the Tokyo 2020 Olympics.”

[…] One bright spot was that, despite years of official bureaucratic and right-wing political warnings about the dangers of foreign crime, only 28 percent of respondents in 2012 cited this as a reason for what they felt was a worsening security environment. This is down from the 55 percent who cited it as a major reason for their unease in the 2006 survey.

Read the full article in order at http://www.japantimes.co.jp/news/2015/03/21/national/security-blanket-japan-beef-anti-terrorism-measures/

ENDS

Renewed GOJ projections of hard and soft power: Yomiuri argues for remilitarization “to protect J-nationals abroad”, Reuters reports GOJ reinvestment in overseas universities, claims “no strings attached”

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Hi Blog.  In the recent vein of the GOJ’s more aggressive stance towards projecting its power abroad, we have two articles of note:  One is on the harder power of militarism “to protect Japanese nationals abroad” (as the Yomiuri capitalizes on the ISIL beheadings to nudge public policy), and the other is on a (renewed) softer power to fund American universities, particularly Georgetown and Columbia, and therefore have more control over future research directions before they become published.  (The institutions below may claim that there are no strings attached, but as the GOJ knows full well through its domestic education monopolies, once you get people hooked on your funding, they have a helluva time dealing with the threat of withdrawal).

One might argue that all countries project power to some degree, and they would be right.  But we as consumers, researchers, and concerned critical thinkers should be aware of it.  Especially in Japan, an economy with this degree of public debt (more than twice its GDP, the highest in the developed world), a tsunami and nuclear meltdown aftermath that still needs cleaning up, and an upcoming porkbarrel 2020 Olympics, these are interesting budgetary choices.  Cherchez l’argent.  Dr. ARUDOU, Debito

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Comprehensively bolster measures to protect Japanese nationals abroad
February 04, 2015, The Yomiuri Shimbun, Courtesy of JK
http://the-japan-news.com/news/article/0001906749

To prevent Japanese nationals from being targeted by international terrorism, the government must comprehensively reinforce countermeasures to protect Japanese living abroad, gather information on terrorism and guard key facilities.

The militant group Islamic State of Iraq and the Levant (ISIL), which is recently believed to have killed two Japanese in Syria, is threatening to continue to carry out terrorist attacks against Japanese. Lacking common sense, the fanatic criminal group will not listen to reason. Other radical groups inspired by ISIL’s latest attack may also target Japanese.

We should realize that the threat of international terrorism has entered a new stage.

The headquarters tasked with promoting measures to handle international organized crime and international terrorism at the Prime Minister’s Office adopted a policy Tuesday of keeping Japanese living abroad informed, through Japanese embassies and other diplomatic missions, about local security conditions.

The government will also step up security for Japanese schools abroad. Such facilities are easy targets for terrorism because they symbolize Japan, so their security systems as well as commuting routes must be checked thoroughly.

Prime Minister Shinzo Abe made clear Tuesday that the government will increase the number of defense attaches, who are Self-Defense Force officials, at Japanese diplomatic missions abroad.

Following a hostage crisis in Algeria in 2013 that involved Japanese nationals, the government increased the number of defense attaches. At present, more than 50 defense attaches are stationed in about 40 countries.

An SDF official can more easily access classified information held by local military authorities. SDF officials should be proactively deployed in such regions as the Middle East.

In the latest crisis, the issue of keeping Japanese travelers informed of possible risks has become an important task.

Review travel advisories

The Foreign Ministry issues four different levels of travel advisories for potential threats in accordance with local security conditions. The ministry has issued an evacuation advisory, the highest level in terms of risk, to nationals living in Syria or traveling there.

But the advisory has no binding power since the Constitution guarantees the freedom of traveling to a foreign country.

The ministry had repeatedly asked Kenji Goto, who was killed in the latest hostage crisis, to refrain from entering Syria — but to no avail.

The government must examine improvements to the advisory levels according to the risks involved, as well as the best way to communicate and distribute such information.

Terrorist attacks must also be prevented in Japan. Immigration checks need to be tightened further to block terrorists at the water’s edge. Security at governmental organizations, airports, nuclear power plants and other key facilities should be enhanced. It is also vital for the government to cooperate with the intelligence agencies of other countries.

ISIL is trying to spread its radical beliefs beyond national borders by manipulating online resources. It is also necessary to prepare for home-grown terrorism that could be launched by those influenced by such terrorist propaganda.

For example, in Australia, an attacker who had apparently been influenced by ISIL took hostages at a cafe in Sydney in December. The incident ended with two hostages killed.

Are there suspicious people apparently devoted to radicalism, collecting weapons and explosives?

Investigative authorities must vigilantly monitor online activity, detect any sign of terrorism and respond swiftly.

(From The Yomiuri Shimbun, Feb. 4, 2015)
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To counter China and South Korea, government to fund Japan studies at U.S. colleges
BY TAKASHI UMEKAWA
REUTERS, MAR 16, 2015
http://www.japantimes.co.jp/news/2015/03/16/national/to-counter-china-and-south-korea-government-to-fund-japan-studies-at-u-s-colleges/

The Abe government has budgeted more than $15 million to fund Japan studies at nine universities overseas, including Georgetown and the Massachusetts Institute of Technology, as part of a “soft power” push to counter the growing influence of China and South Korea.

The program, the first time in over 40 years that Japan has funded such studies at U.S. universities, coincides with efforts by conservative Prime Minister Shinzo Abe’s administration to address perceived biases in accounts of the wartime past — moves critics say are an attempt to whitewash history.

The Massachusetts Institute of Technology (MIT) and Georgetown University in Washington will receive $5 million each from the Foreign Ministry’s budget for fiscal 2015, which has yet to be enacted, a Finance Ministry official said.

In addition, the Japan Foundation, set up by the government to promote cultural exchange, will allocate ¥25 million per school to six yet-to-be selected universities in the United States and elsewhere, the official said.

That comes on top of $5 million in an extra budget for fiscal 2014 for Japan studies at New York’s Columbia University, where Japan scholar Gerry Curtis will retire late this year.

“The Abe government has a sense of crisis that history issues concerning Japan . . . are not properly understood in the United States, and decided to make a contribution so that Japan research would not die out,” the Finance Ministry official said.

The official said Japanese diplomats will vet professors hired for the programs to ensure they are “appropriate.” However, a Foreign Ministry spokeswoman said there were no such conditions placed on the funding.

The Foreign Minister “is not placing any such condition as the GOJ’s (Government of Japan) inclusion in the selection procedure of a new scholar,” Takako Ito, the ministry’s assistant press secretary, said in an email.

Georgetown University and MIT declined comment on the funding, while Columbia University spokesman Brian Connolly told reporters by email: “As a matter of long-standing university policy, donors to Columbia do not vet or have veto power over faculty hiring.”

Many Japanese politicians and officials worry Japan has been outmaneuvered by the aggressive public diplomacy of China and South Korea.

After a decade of shrinking spending on public diplomacy, the Foreign Ministry won a total of ¥70 billion for strategic communications in an extra budget for fiscal 2014 and the initial budget for the next year from April, up from ¥20 billion in the initial fiscal 2014 budget.

Those funds are to be used for “soft power” initiatives such as the Japan studies programs at foreign universities and setting up “Japan House” centers to promote the “Japan Brand.”

But the government is also targeting wartime accounts by overseas textbook publishers and others that it sees as incorrect.

One such effort has already sparked a backlash from U.S. scholars, who protested a request by Japan’s government to publisher McGraw-Hill Education to revise a textbook’s account of “comfort women,” the euphemism used in Japan for those forced to work in Japanese wartime military brothels.
ENDS

PNS: Deaths of unknown persons in the custody of the Tokyo Metropolitan Police: At least 5 in past year

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Deaths of unknown persons in the custody of the Tokyo Metropolitan Police
Edwin Stamm, Progressive News Service, Tokyo, March 9, 2015
Special to Debito.org
A troubling pattern of deaths of suspects in police custody is emerging in Tokyo, Japan. At least five people have died in police custody in the last year, with little publicity or investigation. The names of the victims have not apparently been released, which puts Japan at odds with international norms of transparency and police accountability.
  • Unknown man arrested May 12, 2014 in Meguro Ward
A 37 year-old male in a state of mental confusion was subdued in a hotel room at about 2:35 a.m. after reports that he was shouting and throwing things. He soon had a heart attack and was transported to a hospital, where he was confirmed dead at about 10:55 p.m. Police suspect drugs were involved.
精神錯乱状態の男性、警官保護後に死亡 都内ホテル、室内に粉末も
東京都内のホテルで精神錯乱状態に陥り、警視庁目黒署に保護された男性(37)が約20時間後に死亡していたことが12日、警視庁生活安全総務課への取材で分かった。ホテルの室内から覚醒剤のような粉末などが見つかっており、同課は成分の鑑定を急ぐとともに、13日にも男性を司法解剖して死因を調べる。
・・・・・・11日午前235分ごろ、東京都目黒区内のホテルの一室で、大声を出し、腕時計を投げつけるなどしていたのを目黒署員が発見。同署員は精神錯乱状態と判断し、保護バンドを手足に巻くなどして保護した。
男性は間もなく心肺停止状態になり、都内の病院に搬送されたが、同日午後1055分ごろ、死亡が確認された。
・・・・・・室内からは覚醒剤のような粉末が入ったポリ袋のほか、茶色い粉末入りの袋や空の袋も見つかり、同課は男性が何らかの薬物を摂取していたとみている。
産経ニュース2014.5.12 18:54 [Sankei News http://www.sankei.com/]*
Original story appears to be gone, but is reproduced here:
  • Unknown man arrested May 25, 2014 in Shinjuku
A 30 year-old man who was found lying on the street in Nishi Shinjuku at about 6:30 p.m. having convulsions was taken to a police station instead of to the hospital. His hands and feet were bound and his entire body was wrapped in a mat. After about 30 minutes “his condition worsened” so an ambulance was called. He died at the hospital on May 27th at about 5:30 p.m.
警察署で保護した男性死亡、対応に問題なかったか調査
TBS系(JNN) 528()623分配信
東京・新宿区の路上で倒れているのが見つかり警察署の中で保護されていた男性が、
その後、死亡していたことがわかりました。警視庁は、当時の対応に問題がなかったか調べています。
今月25日午後6時半ごろ、新宿区・西新宿の路上で30歳の男性が痙攣した状態で倒れているのを
通行人が見つけて通報しました。東京消防庁の救急隊が駆けつけ男性の容体を調べましたが、
「異常が見られなかった」として救急搬送しませんでした。
しかし、その後も男性の錯乱状態が続いたため警察官が手足をバンドで縛り保護マットにくるんで警察署内で保護しましたが、
男性はおよそ30分後に容体が悪化し病院に運ばれました。そして男性は27日午後5時半過ぎ、死亡しました。
警視庁は、男性の死因を調べるとともに当時の対応に問題がなかったか調査する方針です。(2723:52
Original story is gone, but is reproduced here:
  • Unknown man arrested May 31, 2014 in Konan
In response to reports of a man yelling and running around without clothes, at about 4 p.m. police from the Takanawa Police Station arrested a 37 year old, unemployed man. He was restrained and wrapped in a protective sheet. He was then held in a patrol car for about 25 minutes. Just before being placed into a “special detention room”, police noticed that the man had gone limp and stopped breathing. He died at around 7:40 p.m. that evening.
<ニュースから>*****
警察官保護の男性死亡=死因を調査-警視庁
警視庁高輪署は1日、東京都港区港南の路上で、奇声を上げ暴れていた無職男性(37)を同署で保護したところ、ぐったりして呼吸がなくなり、搬送先の病院で死亡したと発表した。同署は司法解剖して詳しい死因を調べる。
同署によると、531日午後4時ごろ、「全裸で男が暴れている」との通報が相次いだため、署員3人が駆け付け衣服を身に着けていない男性を確保。体を保護シートにくるんでパトカーで同署に移したが、保護室に入れる直前に、ぐったりしているのに気付き119番した。男性は同日午後740分ごろ死亡が確認された。
保護シートにくるまれていた時間は約25分だったという。男性は4月にも同署に保護されたことがあった。
時事ドットコム【時事通信】(2014/06/01-12:12[Jiji.com http://www.jiji.com/]
Original story appears to be gone, but is reproduced here:
  • Unknown man arrested August 25, 2014 in Shinagawa
An unemployed 47 year-old man was arrested at a supermarket by four police officers. He was bound hand and foot, wrapped in a sheet, and transported face down to the Osaki Police Station. When the prisoner arrived in the interrogation room, it was discovered that he was unconscious and he was taken to the hospital, where he died on September 3, 2014.
2014.9.4 18:21 傷害容疑で逮捕の容疑者死亡 危険ドラッグ店のカード所持 警視庁、死因など調べる
 東京都新宿区の無職の男(47)が警視庁大崎署に傷害容疑で逮捕された直後に意識不明の状態となり、9日後の今月3日に死亡していたことが4日、警視庁への取材で分かった。男に目立った外傷はないことなどから、警視庁は薬物を摂取したことによる中毒死の可能性があるとみて死因などを調べている。
 男は8月25日午後0時半ごろ、品川区内のスーパーで突然、暴れ出し、40~50代の男性従業員2人に商品を投げつけ、顔を殴るなどしたとして駆けつけた大崎署員4人に傷害容疑で現行犯逮捕された。
 同署員らは男の両手足に手錠をはめ、保護シートで包んで同署に車で移送。同1時ごろに取調室に連れて行ったところ、意識がなくなっていることに気づき、同区内の病院に搬送したが、意識が戻らないまま今月3日午後5時35分ごろに死亡したという。
 男は危険ドラッグ(脱法ドラッグ)店のものとみられるカードを持っていたが、自宅などから危険ドラッグは見つかっておらず、尿検査でも薬物は検出されなかった。司法解剖でも死因が分からず、さらに血液と尿検査を進めている。警視庁幹部は「対応は適正だった」としている。
関連ニュース
  • Unknown man arrested February 11, 2015 in Akasaka
Police were called when a “violently agitated foreigner” was observed in Akasaka. Six police officers from the Akasaka Police Station subdued the man, who then went into cardiac arrest and was taken to a hospital, where he remained in a coma until he died on March 1, 2015. Police say there was no evidence of any physical trauma. He was 29 years-old American citizen employed as an English teacher who lived in Setagaya Ward. The Tokyo Metropolitan Government and U.S. Embassy have not responded to requests for additional information.
保護した米国人男性死亡=2月路上で暴れ、病院搬送-警視庁
 警視庁は2日、2月に東京・赤坂の路上で暴れて保護され、病院に搬送された米国籍の男性が死亡したと発表した。同庁赤坂署によると、男性を解剖したが死因は不明。
 死亡したのは東京都世田谷区に住む英会話教師の米国人男性(29)。
 赤坂署によると、2月11日午後5時半ごろ、港区赤坂の路上で「外国人が錯乱して暴れている」などと110番があった。駆け付けた署員が話し掛けると、男性が暴れ出したため署員6人で両手両足を押さえ付けるなどして拘束。男性は心肺停止状態となり、病院に搬送された。
 男性は意識が戻らないまま、今月1日に病院で死亡した。同署によると、目立った外傷はないという。(2015/03/02-16:30
same story reproduced by Wall Street Journal – Japan edition:http://jp.wsj.com/articles/JJ12415624575840664012717795297010215212790
English news sources:
Tokyo Reporter:
Tokyo Weekender:
ENDS

Suspicious recent death of NJ after being “restrained” on the street by Tokyo Police in daytime warrants more investigation and attention

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Hi Blog. As several Debito.org Readers have been digging around and submitting to this forum under the aegis of a similar but separate event (start from here), there has been a suspicious death of a Non-Japanese (NJ) that warrants more investigation and attention. So let’s promote it to its own blog entry.

First, the Tokyo Weekender of March 5 reports tersely:

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

English Teacher Dies after Being Restrained by Police
Tokyo Weekender, News & Views – March 5th, 2015
http://www.tokyoweekender.com/2015/03/english-teacher-dies-after-being-restrained-by-police/

A short article reporting the death of a 29-year-old English teacher who fell into a coma after being restrained by the police raises more questions than it answers.

The Jiji Press reported that the teacher, who was from the US, died in a hospital following a February 11 incident in the Akasaka area of Minato Ward. The Jiji article, reprinted on the Japanese version of the Wall Street Journal, is scant on details, aside from the following: At around 5:30 pm on the Foundation Day holiday, police received a call about a foreigner behaving violently . When police approached the man, who was reported as a resident of Setagaya Ward, he responded violently. A total of six officers restrained the American by his arms and legs. In the struggle, the man went into cardiac arrest and was taken to a nearby hospital.

The man did not regain consciousness after the incident, and died on March 1. Police stated that the man did not seem to have suffered any external injuries.

No other information —- the man’s name, his home town, employer, or additional details about the conflict—has been provided thus far.  ENDS

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

Here are the quoted sources in Japanese, also glib:

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

保護した米国人男性死亡=2月路上で暴れ、病院搬送—警視庁
Wall Street Journal Japan 2015 年 3 月 2 日 16:30 JST 更新
http://jp.wsj.com/articles/JJ12415624575840664012717795297010215212790

警視庁は2日、2月に東京・赤坂の路上で暴れて保護され、病院に搬送された米国籍の男性が死亡したと発表した。同庁赤坂署によると、男性を解剖したが死因は不明。

死亡したのは東京都世田谷区に住む英会話教師の米国人男性(29)。

赤坂署によると、2月11日午後5時半ごろ、港区赤坂の路上で「外国人が錯乱して暴れている」などと110番があった。駆け付けた署員が話し掛けると、男性が暴れ出したため署員6人で両手両足を押さえ付けるなどして拘束。男性は心肺停止状態となり、病院に搬送された。

男性は意識が戻らないまま、今月1日に病院で死亡した。同署によると、目立った外傷はないという。
[時事通信社]

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

This has occasioned much cynical comment and even public protest. But we still don’t know much more than this.

However, we can speculate with some certainty on the following:

  1. This happened on a Wednesday afternoon before it was fully dark, meaning the chances of this person being drunk and disorderly were pretty low.
  2. This happened in a part of Tokyo that sees NJ as a public-security threat, with cops trained to racially-profile potential perps and carry out legally-questionable search activities.
  3. This happened on National Foundation Day, a day where there were nationalistic demonstrations by Japanese celebrating the accession of Japan’s first emperor.  While demonstrations on a day like this are not newsworthy enough to indicate that there was a concurrent demonstration in Akasaka, it is not a stretch to imagine this person being targeted by violent xenophobic elements, and the NPA taking the side of the rightists and targeting the NJ.
  4. The NPA not only has a record of lethally subduing NJ in custody, but also of covering it up.
  5. We don’t even have the basic information on who he is or even if international officials have gotten involved in the investigation. All we have is the deceased’s age, nationality, and occupation. That is insufficient, and the fact that more details are not forthcoming suggests a mishap or a coverup on the part of the NPA.  (It’s happened before.  Many times.)
  6. There have been cases of police arresting people for looking “suspicious”, but whose only apparent crime was standing around looking foreign in the eyes of local busybodies who called the cops (we know about this because these involved cases where persons arrested were Japanese citizens who just looked “foreign”).  So the accusation of violence on the part of the NJ is also not taken when Japanese cops have a history of overreaction towards NJ (those six cops sure got there in a hurry).

We simply don’t have enough information for a more informed assessment.  And we should.  Were there no witnesses?  With this much commotion and no doubt an ambulance called, didn’t anyone see anything in this densely-populated part of Tokyo?  Or is this just another case of another unknown fungible NJ winding up as the Dead Gaijin on a Gurney?

One speculation is that the lack of press investigation and scrutiny is because this case has somehow come under Japan’s newly-enacted Special Secrecy Law.  Seems a bit of a stretch, as this doesn’t seem to be something that ought to be fodder (how does the case one dead NJ qualify as an issue of national security?).  But if it did, this would really be the acid test that demonstrated just how far this law will be abused, and thus warrants further investigation.

If you have any friends in the Japan news media, point them towards this site and see if we can pique their interest and get them investigating.  I will too.  Dr. ARUDOU, Debito

Kyodo: Foreign trainee slain, colleague wounded in rural Ibaraki attack, in oddly terse article (UPDATED with news of another underreported NJ death)

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Hi Blog. Article first, then comment:

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

Foreign trainee slain, colleague wounded in rural Ibaraki attack
KYODO, STAFF REPORT
THE JAPAN TIMES, FEB 23, 2015, courtesy of JK
http://www.japantimes.co.jp/news/2015/02/23/national/crime-legal/foreign-trainee-slain-colleague-wounded-rural-ibaraki-attack/

MITO, IBARAKI PREF. – Two Chinese men taking part in a foreign trainee program on a farm in Hokota, Ibaraki Prefecture, were attacked by a group of men with knives Sunday evening, leaving one dead and the other wounded, police said.

Sun Wenjun, 33, was pronounced dead at a hospital and the other man, identified only as being 32 years old, was being treated for his wounds, the police said.

They were attacked by several men, apparently non-Japanese, at around 9:50 p.m. near the farm. The two were riding bicycles on their way from the home of an acquaintance about 1.5 km from the farm.

A kitchen knife with bloodstains was found near the scene, NHK reported.

The surviving trainee was quoted as saying the men came out of nowhere, attacked with knives and left in a car.
ENDS?

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

COMMENT:  And that’s all we get?  It’s been a couple of days, and I have an unusually busy week with several deadlines, so let me ask Debito.org Readers to look around the Japanese and English-language media and see if there has been anything more afoot (especially since the article alleges that NJ were perps as well as victims).  Please place articles with links in the Comments Section below.

Or if you find little to nothing more in the media, that’s also a significant indicator — on how crime perpetrated against NJ is reported and handled in Japan, so please comment on that too.  This would be a much larger media scrum if Japanese were stabbed to death allegedly by NJ.  Thanks.  Dr. ARUDOU, Debito

My Japan Times JBC 83 Jan 1, 2015: “Hate, Muzzle and Poll”: Debito’s Annual Top Ten List of Human Rights News Events for 2014

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JUST BE CAUSE
justbecauseicon.jpg

A TOP TEN FOR 2014
By Dr. ARUDOU, Debito
JUST BE CAUSE Column 83 for the Japan Times Community Page
Published January 1, 2015 (version with links to sources)

Courtesy http://www.japantimes.co.jp/community/2015/01/01/issues/hate-muzzle-poll-top-10-issues-2014/

 | 

Hate, muzzle and poll: a top 10 of issues for 2014

BY DEBITO ARUDOU, The Japan Times, January 1, 2015

As is tradition for JBC, it’s time to recap the top 10 human rights news events affecting non-Japanese (NJ) in Japan last year. In ascending order:

10) Warmonger Ishihara loses seat

This newspaper has talked about Shintaro Ishihara’s unsubtle bigotry (particularly towards Japan’s NJ residents) numerous times (e.g. “If bully Ishihara wants one last stand, bring it on,” JBC, Nov. 6, 2012). All the while, we gritted our teeth as he won re-election repeatedly to the National Diet and the Tokyo governorship.

However, in a move that can only be put down to hubris, Ishihara resigned his gubernatorial bully pulpit in 2012 to shepherd a lunatic-right fringe party into the Diet. But in December he was voted out, drawing the curtain on nearly five decades of political theater.

About time. He admitted last month that he wanted “to fight a war with China and win” by attempting to buy three of the disputed Senkaku islets (and entangling the previous left-leaning government in the imbroglio). Fortunately the conflict hasn’t come to blows, but Ishihara has done more than anyone over the past 15 years to embolden Japan’s xenophobic right (by fashioning foreigner-bashing into viable political capital) and undo Japan’s postwar liberalism and pacifism.

Good riddance. May we never see your like again. Unfortunately, I doubt that.

9) Mori bashes Japan’s athletes

Japan apparently underperformed at the 2014 Sochi Winter Olympics (no wonder, given the unnecessary pressure Japanese society puts on its athletes) and somebody just had to grumble about it — only this time in a racialized way.

Chair of the Tokyo 2020 Olympics committee Yoshiro Mori (himself remembered for his abysmal performance as prime minister from 2000 to 2001) criticized the performance of Japanese figure skaters Chris and Cathy Reed: “They live in America. Because they are not good enough for the U.S. team in the Olympics, we included these naturalized citizens on the team.” This was factually wrong to begin with, since through their Japanese mother, the Reeds have always had Japanese citizenship. But the insinuation that they weren’t good enough because they weren’t Japanese enough is dreadfully unsportsmanlike, and contravenes the Olympic charter on racism.

Mori incurred significant international criticism for this, but there were no retractions or resignations. And it isn’t the first time the stigmatization of foreignness has surfaced in Mori’s milieu. Since 2005 he has headed the Japan Rugby Football Union, which after the 2011 Rugby World Cup criticized the underperforming Japan team for having “too many foreign-born players” (including naturalized Japanese citizens). The 2012 roster was then purged of most “foreigners.” Yet despite these shenanigans, Japan will host the 2019 Rugby World Cup right before the Tokyo Olympics.

8) ‘Points system’ visa revamp

In a delicious example of JBC SITYS (“see, I told you so”), Japan’s meritocratic Points-based Preferential Treatment for Highly Skilled Foreigners visa failed miserably in 2013, with only 700 people having even applied for the available 2,000 slots six months into the program.

JBC said its requirements were far too strict when it was first announced, predicting it would fail (see last year’s top 10, and “Japan’s revolving door immigration policy hard-wired to fail,” JBC, March 6, 2012). Policymakers arrogantly presumed that NJ are beating down the door to work in Japan under any circumstances (not likely, after Japan’s two economic “lost decades”), and gave few “points” to those who learned Japanese or attended Japanese universities. Fact is, they never really wanted people who “knew” Japan all that well.

But by now even those who do cursory research know greater opportunities lie elsewhere: Japan is a land of deflation and real falling wages, with little protection against discrimination, and real structural impediments to settling permanently and prospering in Japanese society.

So did the government learn from this policy failure? Yes, some points requirements were revamped, but the most significant change was cosmetic: The online info site contains an illustration depicting potential applicants as predominantly white Westerners. So much for the meritocracy: The melanin-rich need not apply.

Good luck with the reboot, but Japan is becoming an even harder sell due to the higher-ranking issues on our countdown.

7) Ruling in Suraj death case

This is the third time the case of Ghanaian national Abubakar Awadu Suraj has made this top 10, because it demonstrates how NJ can be brutally killed in police custody without anyone taking responsibility.

After Suraj was asphyxiated while physically restrained during deportation in 2010, for years his kin unsuccessfully sought criminal prosecutions. Last March, however, the Tokyo District Court ruled that immigration officials were responsible for using “illegal” excessive force, and ordered the government to pay ¥5 million to Suraj’s widow and mother.

The case is currently being appealed to the Tokyo High Court. But the lesson remains that in Japan, due to insufficient oversight over Immigration Bureau officials (as reported in United Nations and Amnesty International reports; four NJ have died in Immigration custody since October 2013), an overstayed visa can become a capital offense.

6) Muslims compensated for leak

In another landmark move by the Tokyo District Court, last January the National Police Agency was ordered to compensate several Muslim residents and their Japanese families, whom they had spied upon as suspected terrorists. Although this is good news (clearly noncitizens are entitled to the same right to privacy as citizens), the act of spying in itself was not penalized, but rather the police’s inability to manage their intelligence properly, letting the information leak to the public.

Also not ruled upon was the illegality of the investigation itself, and the latent discrimination behind it. Instead, the court called the spying unavoidable considering the need to prevent international terrorism — thus giving carte blanche to the police to engage in racial profiling.

5) ‘Japanese only’ saga

If this were my own personal top 10, this would top the list, as it marks a major shift in Japan’s narrative on racial discrimination (the subject of my Ph.D. last year). As described elsewhere (“J.League and media must show red card to racism,” JBC, March 12, 2014), the Japanese government and media seem to have an allergy when it comes to calling discrimination due to physical appearance “discrimination by race” (jinshu sabetsu), depicting it instead as discrimination by nationality, ethnicity, “descent,” etc. Racism happens in other countries, not here, the narrative goes, because Japan is so homogeneous that it has no race issues.

But when Urawa Reds soccer fans last March put up a “Japanese only” banner at an entrance to the stands at its stadium, the debate turned out differently. Despite some initial media prevarication about whether or not this banner was “racist,” J.League chair Mitsuru Murai quickly called it out as racial discrimination and took punitive action against both the fans and the team.

More importantly, Murai said that victims’ perception of the banner was more important than the perpetrators’ intent behind it. This opened the doors for debate about jinshu sabetsu more effectively than the entire decade of proceedings in the “Japanese only” Otaru onsen case that I was involved in (where behavior was ruled as “racial discrimination” by the judiciary as far back as 2002). All of this means that well into the 21st century, Japan finally has a precedent of domestic discourse on racism that cannot be ignored.

4) Signs Japan may enforce Hague

Last year’s top 10 noted that Japan would join an international pact that says international children abducted by a family member from their habitual country of residence after divorce should be repatriated. However, JBC doubted it would be properly enforced, in light of a propagandist Foreign Ministry pamphlet arguing that signing the Hague Convention was Japan’s means to force foreigners to send more Japanese children home (“Biased pamphlet bodes ill for left-behind parents,” JBC, Oct. 8). Furthermore, with divorces between Japanese citizens commonly resulting in one parent losing all access to the children, what hope would foreigners have?

Fortunately, last year there were some positive steps, with some children abducted to Japan being returned overseas. Government-sponsored mediation resulted in a voluntary return, and a court ruling ordered a repatriation (the case is on appeal).

However, the Hague treaty requires involuntary court-ordered returns, and while Japan has received children under its new signatory status, it has not as yet sent any back. Further, filing for return and/or access in Japan under the Hague is arduous, with processes not required in other signatory countries.

Nevertheless, this is a step in the right direction, and JBC hopes that respect for habitual residence continues even after international media attention on Japan has waned.

3) Ruling on welfare confuses

Last July another court case mentioned in previous top 10s concluded, with an 82-year-old Zainichi Chinese who has spent her whole life in Japan being denied social-welfare benefits for low-income residents (seikatsu hogo). The Supreme Court overturned a Fukuoka High Court ruling that NJ had “quasi-rights” to assistance, saying that only nationals had a “guaranteed right” (kenri).

People were confused. Although the media portrayed this as a denial of welfare to NJ, labor union activist Louis Carlet called it a reaffirmation of the status quo — meaning there was no NJ ineligibility, just no automatic eligibility. Also, several bureaucratic agencies stated that NJ would qualify for assistance as before.

It didn’t matter. Japan’s xenophobic right soon capitalized on this phraseology, with Ishihara’s Jisedai no To (Party for Future Generations) in August announcing policies “based on the ruling” that explicitly denied welfare to NJ. In December, in another act of outright meanness, Jisedai made NJ welfare issues one of their party platforms. One of their advertisements featured an animated pig, representing the allegedly “taboo topic” of NJ (somehow) receiving “eight times the benefits of Japanese citizens,” being grotesquely sliced in half.

You read that right. But it makes sense when you consider how normalized hate speech has become in Japan.

2) The rise and rise of hate speech

Last year’s list noted how Japan’s hate speech had turned murderous, with some even advocating the killing of Koreans in Japan. In 2014, Japanese rightists celebrated Hitler’s 125th birthday in Tokyo by parading swastika banners next to the Rising Sun flag. Media reported hate speech protests spreading to smaller cities around Japan, and Prime Minister Shinzo Abe offered little more than lukewarm condemnations of what is essentially his xenophobic power base. Even opportunistic foreigners joined the chorus, with Henry Scott Stokes and Tony “Texas Daddy” Marano (neither of whom can read the Japanese articles written under their name) topping up their retirement bank accounts with revisionist writings.

That said, last year also saw rising counterprotests. Ordinary people began showing up at hate rallies waving “No to racism” banners and shouting the haters down. The United Nations issued very strong condemnations and called for a law against hate speech. Even Osaka Mayor Toru Hashimoto confronted Makoto Sakurai, the then-leader of hate group Zaitokukai (which, despite Japan’s top cop feigning ignorance of the group, was added to a National Police Agency watch list as a threat to law and order last year).

Unfortunately, most protesters have taken the tack of crying “Don’t shame us Japanese” rather than the more empowering “NJ are our neighbors who have equal rights with us.” Sadly, the possibility of equality ever becoming a reality looked even further away as 2014 drew to a close:

1) Abe re-election and secrets law

With his third electoral victory in December, Abe got a renewed mandate to carry out his policies. These are ostensibly to revitalize the economy, but more importantly to enforce patriotism, revive Japan’s mysticism, sanitize Japan’s history and undo its peace Constitution to allow for remilitarization (“Japan brings out big guns to sell remilitarization in U.S.,” JBC, Nov. 6, 2013).

Most sinister of all his policies is the state secrets law, which took effect last month, with harsh criminal penalties in place for anyone “leaking” any of 460,000 potential state secrets. Given that the process for deciding what’s a secret is itself secret, this law will further intimidate a self-censoring Japanese media into double-guessing itself into even deeper silence.

These misgivings have been covered extensively elsewhere. But particularly germane for JBC is how, according to Kyodo (Dec. 8), the Abe Cabinet has warned government offices that Japanese who have studied or worked abroad are a higher leak risk. That means the government can now justifiably purge all “foreign” intellectual or social influences from the upper echelons of power.

How will this state-sponsored xenophobia, which now views anything “foreign” as a security threat, affect Japan’s policymakers, especially when so many Japanese bureaucrats and politicians (even Abe himself) have studied abroad? Dunno. But the state secrets law will certainly undermine Japan’s decades of “internationalization,” globalization and participation in the world community — in ways never seen in postwar Japan.


Bubbling under:

a) Jisedai no To’s xenophobic platform fails to inspire, and the party loses most of its seats in December’s election.

b) Takeda Pharmaceutical Co., Japan’s biggest drugmaker, appoints Christophe Weber as president despite the Takeda family’s xenophobic objections.

c) Media pressure forces Konsho Gakuen cooking college to (officially) repeal its “Japanese only” admissions process (despite it being in place since 1976, and Saitama Prefecture knowing about it since 2012).

d) All Nippon Airways (ANA) uses racist “big-nosed white guy” advertisement to promote “Japan’s new image” as Haneda airport vies to be a hub for Asian traffic (“Don’t let ANA off the hook for that offensive ad,” JBC, Jan. 24, 2014).

e) Despite NJ being listed on resident registries (jūmin kihon daichō) since 2012, media reports continue to avoid counting NJ as part of Japan’s official population.

ENDS

JT on hate speech and GOJ’s connections to organized crime: “Yakuza do what Abe Cabinet’s Yamatani can’t”

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Hi Blog. Drawing to a close this curlicue about the PM Abe Administration and hate speech in Japan, here’s an excellent article by Jake Adelstein in the Japan Times about Cabinet Member Yamatani Eriko’s inability to disavow the hate group Zaitokukai, and her lying to the FCCJ last month (discussed in our previous blog entry) about her awareness and connections to it. I am very pleased that how NJ are treated in Japan is being made into a major issue that shows the misguidance of ever putting Abe back in power. Dr. ARUDOU, Debito

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NATIONAL / MEDIA | DARK SIDE OF THE RISING SUN
Yakuza do what Abe Cabinet pick can’t (excerpt)
BY JAKE ADELSTEIN
THE JAPAN TIMES, OCT 4, 2014, courtesy of JDG
http://www.japantimes.co.jp/news/2014/10/04/national/media-national/yakuza-abe-cabinet-pick-cant/

In most countries, police officers and criminals are supposed to be on opposite sides of the law, especially the higher up the chain of command you go, but Prime Minister Shinzo Abe doesn’t appear to think this is necessary.

Last month, photographs surfaced showing several members of Abe’s new Cabinet socializing with members of an anti-Korean hate group known as Zainichi Tokken wo Yurusanai Shimin no Kai (more commonly known as Zaitokukai). The appearance of such images raises some disturbing issues.

Founded circa 2006, Zaitokukai is an ultranationalistic, right-wing group that seeks to eliminate the “special privileges” extended to non-Japanese who have been granted Special Foreign Resident status. These people are predominantly ethnic Koreans, many of whom were conscripted and brought to Japan as slave labor in the 1930s and ’40s. Zaitokukai also hates other non-Japanese as well — it just has a special hatred for Koreans.

In July, the U.N. Committee on the Elimination of Racial Discrimination urged the government to crack down on the growing number of hate-speech incidents targeting non-Japanese. The committee made special mention of Zaitokukai in its report and called on Japan to introduce legislation that specifically punishes hate crimes. The U.S. State Department has also named Zaitokukai in its annual human rights white paper. However, Zaitokukai isn’t on a U.S. blacklist like, say, the Sumiyoshi-kai yakuza syndicate — or, at least, not yet.

The National Police Agency has even touched upon Zaitokukai-related issues. “In parts of Tokyo and Osaka heavily populated by Korean-Japanese, racist right-wing groups have engaged in radical demonstrations, drawing the attention of society to the hate-speech problem,” the agency wrote in its white paper on public safety.

And yet Eriko Yamatani, the newly appointed chairman of the National Public Safety Commission that oversees the National Police Agency, doesn’t seem to be aware of Zaitokukai’s existence nor does she seem to believe hate speech is a problem. When photographs of her posing alongside several Zaitokukai members were uncovered by the Shukan Bunshun weekly tabloid, she said that she didn’t know the name of the group, and didn’t know the former Kansai bureau chief of Zaitokukai who was standing in the same photo. The man in question, however, claims to have known her for more than a decade in a recent interview with the tabloid. What’s more, Yamatani has appeared in a newsletter he previously published (even penning a column in it) and worked with various Zaitokukai members at other political rallies.

At a news conference at the Foreign Correspondents’ Club of Japan on Sept. 25, Yamatani denied that the weekly’s article was true and alleged she had been misquoted. However, when she was asked to publicly repudiate Zaitokukai, she refused — three times.

Shukan Bunshun last week published a follow-up article and included an audio recording of its interview with her, suggesting Yamatani did indeed lie at her news conference. It also added a proverb to its coverage: “All thieves start as liars.”

But lying to the press is not a crime, nor is hate speech illegal in Japan. Hate crimes are not illegal either. That said, generating profit for organized crime is something else.

Zaitokukai has had a tight relationship with Nihonseinensha, a right-wing group that is part of the Sumiyoshi-kai, the second-largest yakuza syndicate in the country. In testimony in the Diet, the National Police Agency acknowledged that Nihonseinensha’s top adviser was also a senior figure in the Sumiyoshi-kai.

Rest of the article at http://www.japantimes.co.jp/news/2014/10/04/national/media-national/yakuza-abe-cabinet-pick-cant/

Blame Game #433: JT on “Rumors of Foreign Looters in Hiroshima Unfounded”, “Social Media Rehashes Historical Hate”, and Economist on unoptimistic outcomes re hate speech law

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Hi Blog. Continuing on with the theme of Japan’s Blame Game (as in, blame foreigners for any social ill that you don’t want to take responsibility for), we have here the phenomenon of blame speech morphing into hate speech (not that far of a stretch, given the irresponsible nature of anonymous social media). We have people conjuring up fake stories of foreigners looting after natural disasters that got so bad that even the Japanese police (who are not positively predisposed to foreign residents in the first place — they’re usually on the front lines of blaming them for foreign crime and the undermining of Japanese society) are stepping in to defend them and dispel rumor.

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The Japan Times, NATIONAL / CRIME & LEGAL
Police say rumors of foreign looters in Hiroshima unfounded
BY ERIC JOHNSTON, STAFF WRITER, AUG 27, 2014
http://www.japantimes.co.jp/news/2014/08/27/national/crime-legal/police-say-rumors-foreign-looters-hiroshima-unfounded/

OSAKA – The Hiroshima Prefectural Police said Wednesday they had no information to substantiate online rumors that foreigners were burglarizing houses in areas of the city hit hardest by last week’s deadly mudslides.

No suspects had been arrested on suspicion of burglarizing, as of Tuesday. However, the police said that due to the rumors, they were beefing up patrols in the affected areas.

Rumors about foreign burglars began circulating on Twitter and social media sites that espouse right-wing and often xenophobic views, soon after the heavy rains hit parts of the city on Aug. 20, leaving 70 people dead in mudslides and forcing about 1,300 people from their homes.

According to the prefectural police website, there has been at least one possible phone scam in which a mudslide victim received a call around last Friday from a person claiming to represent a local bank and asking for a donation for the victims. The caller hung up when asked for confirmation of his identity, police said.

On Monday, following reports of fake police and city officials visiting homes and asking for cash donations, police warned residents to be on guard and confirm the identity of anyone requesting donations.

On Saturday, Kyodo News reported that a 73-year-old man returned to his damaged home after a couple of days and discovered it had been vandalized.

Unfounded rumors on social media of a spike in foreign crime appeared following the March 2011 quake and tsunami in Tohoku, forcing police and other officials to warn against false reports. There were also false rumors of a wave of crime by foreigners in Kobe following the 1995 earthquake.

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This is ironic, since NHK has recently reported there have been 1200 burglaries in post-disaster Fukushima and perps are Japanese:

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1,200 burglaries at Fukushima evacuated areas
NHK — JUN 13, 2014, courtesy of KM
http://newsonjapan.com/html/newsdesk/article/108087.php (with videos)

Police have recorded a large number of burglaries in areas evacuated after the Fukushima Daiichi nuclear accident in 2011.

Fukushima police arrested a 34-year-old man on Thursday on suspicion of stealing clothes from an empty apartment in the town of Tomioka. The town is south of the plant and is designated an evacuation zone due to nuclear fallout.

Police searched the man’s home in Tamura, Fukushima prefecture. They confiscated more than 3,000 stolen items, including precious metals.

Police say in the first five months of the year, 90 cases of burglary were reported in 8 municipalities surrounding the crippled plant.

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And it’s not the first time that the authorities have had to step in and dispel rumors targeting NJ residents. Consider what happened weeks after the 2011 Fukushima disasters.  Rumors were circulating about foreign crime all over again and had to be tamped down upon:

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「外国人窃盗団」「雨当たれば被曝」被災地、広がるデマ
朝日新聞 2011年3月26日9時21分
http://www.asahi.com/national/update/0325/TKY201103250527.html

「あらぬうわさが飛び交っています」と注意を呼びかけるビラが避難所で配られた=25日午後2時45分、仙台市宮城野区の岡田小学校、金川雄策撮影

東日本大震災の被災地で、流言が飛び交っている。「外国人の窃盗団がいる」「電気が10年来ない」……。根拠のないうわさは、口コミに加え、携帯メールでも広がる。宮城県警は25日、避難所でチラシを配り、冷静な対応を呼び掛けた。

「暴動が起きているといったあらぬうわさが飛び交っています。惑わされないよう気を付けて下さい」
宮城県警の竹内直人本部長は、この日、避難所となっている仙台市宮城野区の岡田小学校を訪れ、被災者に注意を呼びかけた。チラシを受け取った女性(43)は「犯罪はうわさほどではなかったんですね」と安心した様子を見せた。県警によると、110番通報は1日500〜1千件程度あるが、目撃者の思い違いも少なくないという。

しかし、被災地では数々のうわさが飛び交っている。「レイプが多発している」「外国人の窃盗団がいる」。仙台市の避難所に支援に来ていた男性(35)は、知人や妻から聞いた。真偽はわからないが、夜の活動はやめ、物資を寝袋に包んで警戒している。「港に来ていた外国人が残っていて悪さをするらしい」。仙台市のタクシー運転手はおびえた表情をみせた。

流言は「治安悪化」だけではない。「仮設住宅が近くに造られず、置き去りにされる」「電気の復旧は10年後らしい」。震災から1週間後、ライフラインが途絶えて孤立していた石巻市雄勝町では、復興をめぐる根拠のない情報に被災者が不安を募らせた。「もう雄勝では暮らせない」と町を出る人が出始め、14日に2800人いた避難者は19日に1761人に減った。

健康にかかわる情報も避難者の心を揺さぶる。石巻市の避難所にいる女性3人には18日夜、同じ内容のメールが届いた。福島原発の事故にふれ、「明日もし雨が降ったら絶対雨に当たるな。確実に被曝(ひばく)するから」「政府は混乱を避けまだ公表していないそうです」と記されていた。女性の1人は「避難所のみんなが心配しています」という。

過去の震災では、1923年の関東大震災で「朝鮮人が暴動を起こす」とのデマが流れ、多数の朝鮮人が虐殺された。95年の阪神大震災では、大地震の再発や仮設住宅の入居者選定をめぐる流言が広がった。

今回はネットでも情報が拡散する。「暴動は既に起きています。家も服も食べ物も水も電気もガスも無いから」「二、三件強盗殺人があったと聞いた」。こうした記載がある一方で「窃盗はあるけど、そこまで治安は悪くない」「全部伝聞で当事者を特定する書き込みはない」と注意を促す書き込みもある。

東京女子大学の広瀬弘忠教授(災害・リスク心理学)は「被災地で厳しい状況に置かれており、普段から抱いている不安や恐怖が流言として表れている。メールやインターネットの普及で流言が広域に拡大するようになった。行政は一つ一つの事実を伝えることが大切で、個人は情報の発信元を確かめ、不確実な情報を他人に流さないことが必要だ」と指摘する。(南出拓平、平井良和)

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Despite the fact that crime was occurring and probably not due to NJ, as noted above.

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700 M. Yen Stolen from ATMs in 3 Prefs Hardest Hit by March Disaster
http://jen.jiji.com/jc/eng?g=eco&k=2011071500046

Tokyo, July 14 (Jiji Press)–Some 684.4 million yen in total was stolen from automated teller machines between March 11, the day of the major earthquake and tsunami, and the end of June in three prefectures hardest hit by the disaster, Japan’s National Police Agency reported Thursday.

The number of thefts targeting ATMs at financial institutions and convenience stores reached 56, while the number of attempted such thefts stood at seven in the northeastern Japan prefectures of Iwate, Miyagi and Fukushima, the agency said.

Fukushima Prefecture accounted for 60 pct of the number of cases and the amount stolen, with the impact of the nuclear crisis at Tokyo Electric Power Co.’s Fukushima No. 1 nuclear power plant being blamed for the high figure.

No similar cases were reported in March-June 2010. ATM thefts rose sharply after the disaster, but the situation in the prefecture is now under control, the police said.

Some 750 police officers are patrolling areas around the nuclear power plant.
(2011/07/15-05:01)

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Note how J crime naturally causes considerably less media panic.  But since there are no legal restrictions on hate speech in Japan, if you can’t say something nice about people, say it about foreigners.  And there is in fact a long history of this sort of thing going on:

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NATIONAL / MEDIA | MEDIA MIX
Social media aids rehashing of historical hate
BY PHILIP BRASOR, SPECIAL TO THE JAPAN TIMES
SEP 13, 2014 (excerpt)
http://www.japantimes.co.jp/news/2014/09/13/national/media-national/social-media-aids-rehashing-historical-hate/

After rain caused deadly mudslides in Hiroshima Prefecture last month, rumors spread over the Internet about burglaries of evacuated homes by “foreigners,” including Zainichi (ethnic Korean residents of Japan). Such rumors tend to accompany disasters, so Tokyo Shimbun talked directly to police in the area.

There were six break-ins between Aug. 20 and 31, but the police had no idea of the nationalities of the burglars and seemed reluctant to say much else. The reporter spoke with residents of the stricken area and none said they had heard anything about foreigners looting homes except on the Internet.

He then spoke to several local Korean residents of the region, and all felt anxious about the rumors. As one woman said, “It is getting easier for people to post discriminatory messages” on the Internet. An expert on disasters told the paper that crime actually goes down after a calamity, but because of the attendant atmosphere of desperation and fear many people think otherwise, and thus “poisonous hearsay” flourishes more readily — in 2000, then-Tokyo Gov. Shintaro Ishihara told Japanese military personnel that foreigners could be expected to riot after a major earthquake. The expert added that these rumors reflect conventional thinking in the general population, and due to recent media coverage of anti-Korean sentiments the average person may believe them out of hand. It is thus important that authorities squelch such stories as soon as they emerge, something the police in Hiroshima did not do.

Tokyo Shimbun’s relatively extensive coverage of the issue was prompted by more than immediate events. The Hiroshima mudslides occurred just prior to the 91st anniversary of the Great Kanto Earthquake of Sept. 1, 1923. In the aftermath of that disaster, thousands were murdered after rumors spread that Koreans had poisoned wells and burned down houses. Some were killed by individuals, some by groups of vigilantes, some by civil or military police. Right-wing fringe groups deny there was a “genocide,” the term generally used to describe the killings, and there has never been a government investigation into the matter or an official expression of regret. It took place when the Korean Peninsula was under Japanese control, so the ethnic Koreans targeted were de facto Japanese nationals. Even the South Korean government never demanded acknowledgement of these crimes until local advocacy groups pressured it to demand that Japan identify the victims and apologize.

Rest of the article at http://www.japantimes.co.jp/news/2014/09/13/national/media-national/social-media-aids-rehashing-historical-hate/

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To be sure, hate speech has finally become an issue in Japan.   A recent NHK survey has shown that a vast majority of the Japanese public think hate speech is a problem, and a near-majority think that legislation is needed:

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ヘイトスピーチ 15都道府県で確認
NHK NEWSWEB, 2014年9月23日 (excerpt)
http://www3.nhk.or.jp/news/html/20140923/k10014816511000.html

ヘイトスピーチと呼ばれる民族差別的な言動や行為が、少なくとも全国15の都道府県で確認されていることがNHKの調査で分かりました。

また、ヘイトスピーチは問題だと認識している自治体が9割以上に上る一方、規制については、必要とするところがおよそ4割、「国で慎重に検討されるべき」などとして、必要か分からないとするところがおよそ5割で、意見が分かれています。

ヘイトスピーチと呼ばれる民族差別的な言動や行為が問題となるなか、NHKは今月、全国の都道府県と政令指定都市、それに東京23区の合わせて90の自治体を対象に調査を行い、すべてから回答を得ました。

ヘイトスピーチについて、政府は「人種や国籍、ジェンダーなどの特定の属性を有する集団をおとしめたり、差別や暴力行為をあおったりする言動や表現行為」などと説明していて、これに当てはまる行為が去年からことしにかけてあったか聞きました。

その結果、「ある」と答えたのは、13の都府県と6つの政令指定都市、それに東京23区のうち6つの区で、少なくとも15の都道府県でヘイトスピーチが確認されていたことが分かりました。

また、ヘイトスピーチについて問題だと思うか聞いたところ、「問題だ」が94%、「分からない」が4%で、「問題ではない」と答えたところはありませんでした。

一方、ヘイトスピーチに対して、何らかの規制が必要だと思うか聞いたところ、「必要」が41%、「必要ではない」が2%、「分からない」が53%、「いずれにも当てはまらない」が3%でした。

Rest of the article at http://www3.nhk.or.jp/news/html/20140923/k10014816511000.html

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

That said, I remain unoptimistic about how things will turn out, especially given the bent of the current administration. The Economist (London) appears to share that view, even hinting that it may be used to stifle pertinent criticisms of the government (as opposed to nasty speculation about minorities and disenfranchised peoples):

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Hate speech in Japan
Spin and substance
A troubling rise in xenophobic vitriol
Sep 27th 2014 | TOKYO | From the print edition, courtesy of XY
http://www.economist.com/news/asia/21620252-troubling-rise-xenophobic-vitriol-spin-and-substance

IN OSAKA’s strongly Korean Tsuruhashi district, a 14-year-old Japanese girl went out into the streets last year calling through a loudspeaker for a massacre of Koreans. In Tokyo’s Shin-Okubo neighbourhood, home to one of the largest concentrations of Koreans in Japan, many people say the level of anti-foreigner vitriol—on the streets and on the internet—is without modern precedent. Racists chant slogans such as “Get out of our country”, and “Kill, kill, kill Koreans”.

Perhaps for the first time, this is becoming a problem for Japan’s politicians and spin doctors (to say nothing of the poor Koreans). The clock is counting down to the Tokyo Olympics in 2020, and lawmakers are coming under pressure to rein in the verbal abuse and outright hate speech directed at non-Japanese people, chiefly Koreans.

Japan has about 500,000 non-naturalised Koreans, some of whom have come in the past couple of decades but many of whose families were part of a diaspora that arrived during Japan’s imperial era in the first half of the 20th century. They have long been targets of hostility. After the Great Kanto earthquake of 1923, Tokyo residents launched a pogrom against ethnic Koreans, claiming that they had poisoned the water supply.

So far the abuse has stopped short of violence. There have also been counter-demonstrations by Japanese citizens in defence of those attacked. But the police have been passive in the face of verbal assaults. And there is clearly a danger that one day the attacks will turn violent.

So the government is under pressure to act. In July, the UN’s human-rights committee demanded that Japan add hate speech to legislation banning racial discrimination. Tokyo’s governor, Yoichi Masuzoe, has pressed the prime minister, Shinzo Abe, to pass a law well before the games.

The courts, too, are beginning to move. In July Osaka’s high court upheld an earlier ruling over racial discrimination that ordered Zaitokukai, an ultra-right group that leads hate-speech rallies across the country, to pay ¥12m ($111,000) for its tirades against a pro-North Korean elementary school in Kyoto. At least one right-wing group, Issuikai, which is anti-American and nostalgic for the imperial past, abhors the anti-Korean racism. Its founder, Kunio Suzuki, says he has never seen such anti-foreign sentiment.

The backdrop to a sharp rise in hate-filled rallies is Japan’s strained relations with South Korea (over the wartime issue of Korean women forced to work as sex slaves for the Japanese army) and North Korea (which abducted Japanese citizens in the 1970s and 1980s). But, says Mr Suzuki of Issuikai, the return of Mr Abe to office in 2012 also has something to do with it. The nationalist prime minister and his allies have been mealy-mouthed in condemning hate speech.

Even if Mr Abe’s Liberal Democratic Party (LDP) bows to the need to improve Japan’s image overseas, the message is likely to remain mixed. Earlier in September a photograph emerged of Eriko Yamatani, the new minister for national public safety and the overseer of Japan’s police, posing in 2009 for a photograph with members of Zaitokukai. The government says she did not know that the people she met were connected to the noxious group. Yet Ms Yamatani has form when it comes to disputing the historical basis of the practice of wartime sex slavery.

Many reasonable people worry that a new hate-speech law, improperly drafted, could harm freedom of expression. But one revisionist politician, Sanae Takaichi, said, shortly before she joined the cabinet in September, that if there were to be a hate-speech law, it should be used to stop those annoying people (invariably well-behaved and often elderly) demonstrating against the government outside the Diet: lawmakers, she added, needed to work “without any fear of criticism”. Ms Takaichi’s office has since been obliged to explain why, with Tomomi Inada, another of Mr Abe’s close allies, she appeared in photographs alongside a leading neo-Nazi. Some of the hate, it seems, may be inspired from the top.
ENDS

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

So what to do?  I still remain in support of a law against hate speech (as is the United Nations), i.e., speech that foments fear, hatred, and related intolerance towards disenfranchised peoples and minorities in Japan.  Those are the people who need protection against the powerful precisely because they are largely powerless to defend themselves as minorities in an unequal social milieu.  The Japanese government’s proposed definition of hate speech (taken from the NHK article above) of  「人種や国籍、ジェンダーなどの特定の属性を有する集団をおとしめたり、差別や暴力行為をあおったりする言動や表現行為」(behavior or expressive activity that foments discrimination or violence toward, or disparages people belonging to groups distinguished by race, citizenship, gender etc.)  is a decent one, and a good start.  Where it will go from here, given the abovementioned extremities of Japan’s current right-wing political climate, remains to be seen.  Dr. ARUDOU, Debito

SITYS: JT publishes lawyer’s analysis of J-cops’ arbitrary “stop and frisk” procedures. It’s now actually worse for NJ than Debito.org has reported before (correctly)

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Hi Blog. Hokay, let’s go over this issue one more time on Debito.org (the previous times from here): the ability of J-cops to racially profile and subject any “foreigner” to arbitrary Gaijin Card ID-checks. I offered advice about what to do about it (print and carry the actual laws around with you and have them enforced).

Last time I talked about this (in my Japan Times column last April), I noted how laws had changed with the abolition of the Foreign Registry Law, but the ability for cops to arbitrarily stop NJ has actually continued unabated. In fact, it’s expanded to bag searches and frisking, with or without your permission (because, after all, NJ might be carrying knives or drugs, not just expired visas).

Well, as if doubting the years of research that went into this article (and affirmed by Japanese Administrative Solicitor Higuchi Akira in our book HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS), the JT put up a “featured comment” saying that my article was wrong and a source for misinformation:

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

MM333:  I’m sorry, but the information in this article and on the website describing the powers of the police to stop foreigners and demand passports or residence cards for any reason ‘whenever’ is inaccurate. The law does not give the police in Japan arbitrary powers to conduct suspicionless questioning.

As specified in Article 23 of the ‘Immigration Control and Refugee Recognition Act’ (see below), a police officer may demand to see a passport or residence card if it is in the execution of his/her duties, in other words only when s/he is doing what s/he is empowered to do by the ‘Police Duties Execution Act’ or other relevant acts.

The main duties of the police are specified in the ‘The Police Duties Execution Act’ (see below). The duties of the police are of course very wide ranging but they are not unlimited. In a nutshell, the police may question someone if they have reasonable grounds to believe that the person has committed a crime, is about to commit a crime or the person may have information about a crime.

Also, the police must offer assistance if they believe that the person is a danger to themselves or others (this is why the police may stop someone when they are riding a bicycle without a light at night even though the police may have other motives for the stop).

They may also stop you if they believe you might be a victim of a crime (As when they stop you on your bicycle and ask if you have registered it in light of all the thefts in the area) or if your acts may endanger anyone with a view to preventing any crime from occurring. The police also have additional duties imposed on them by other laws. For example, executing warrants under the ‘Code of Criminal Procedure’ or issuing fines under the ‘Road Transportation Act’.

Therefore, the police in Japan are not legally permitted to randomly stop anyone whether Japanese or foreign and demand to see their passport or residence card. The reason for this is quite simple and obvious. If the police randomly stop someone, they cannot have reasonable grounds to suspect that any crime has been committed, whether that be overstaying a visa or any other crime.

There is no doubt that in practice police in every country may try to exceed their powers, but it is quite another thing to assert that the police actually have the right to do this. In may interest people to know that the laws imposed on the police in Japan with regards to questioning are actually more restrictive as compared with the US (ie. Stop and Frisk) or the UK (ie. CJPOA Section 60).

I would recommend that everyone read the law themselves and consult a Japanese attorney if they have questions about the law. I would also ask the Japan times to have this article reviewed by a Japanese attorney and corrections made where appropriate to avoid misinformation being spread.

(Article concludes with cited laws.  See the bottom of the JT article at the top of the comments section.)
//////////////////////////////////////////////////////////

Well, I’m not a lawyer (I can just read the laws; but naturally that doesn’t count in the face of an anonymous commenter of unknown credentials), so the JT was probably just thinking it should cover its glutes. However, eventually the JT DID consult a lawyer and ran the following article — where it’s even worse than I argued:

The lawyer is essentially suggesting that you had better cooperate with the police because the laws will not protect you — especially if you’re in a “foreigner zone” of Tokyo like Roppongi. Excerpt:

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

Legal hurdles are high when it comes to seeking redress
Limits on ‘stop and frisk’ open to interpretation by Japan’s police and courts
BY AKIRA ISHIZUKA, The Japan Times, July 20, 2014
Full article at http://www.japantimes.co.jp/community/2014/07/20/how-tos/limits-stop-frisk-open-interpretation-japans-police-courts/

JT:  In short, the police are permitted to:

1) stop a person for questioning, and, if they try to escape, to seize them (although the officers are not allowed to restrain or arrest them).

2) question them (although they have no obligation to answer these questions).

3) request (but not force) them to accompany the officers to a nearby police station or police box for the questioning.

[NB: ALL OF THESE THINGS HAVE BEEN SAID ON DEBITO.ORG FOR YEARS NOW.  CORRECTLY.]

4) frisk them with or without consent. (This is not written in the act, but precedents have established this. Basically, the frisking is limited to patting down over their clothing.)

Legal precedents in these cases have tended to stress the importance of balancing the public’s right to privacy with the necessity and urgency of the specific investigation and the public interest in preventing the crime the individual stopped by the police was suspected of being involved in. […]

Regarding the profiling, considering it was in Roppongi, which has a bit of a reputation for crime involving foreigners, the police officials could probably come up with a number of explanations for why they stopped [a NJ named P], such as a suspicion that he was carrying or selling drugs. It is unlikely that any judge would rule that this was a case of profiling and that the questioning was illegal.

As for the frisking, it was legal for the officers to pat P down over his clothes and bag, even without his consent. However, it would be illegal if an officer searched inside P’s pockets or clothing without consent or intentionally touched his genital area, even over his clothes. […]

So, in conclusion, what can you do if you are approached and questioned by police officers? Cooperating may be the smartest option and the fastest way to get the whole ordeal over as quickly as possible, but if you don’t feel like being cooperative, you can try asking the police officers what crime they are investigating and attempt to explain that you are not doing anything illegal, clearly express the will to leave and then do just that. Don’t touch the police officers, don’t run and don’t stop walking — and don’t forget to turn on the recorder on your smartphone in front of the officers, thus making it clear that you have evidence of any untoward behavior.

You cannot be forced to turn the recorder off, no matter what the police officers yell at you. Best of luck!

===========================
Akira Ishizuka is an attorney with the Foreigners and International Service Section at Tokyo Public Law Office, which handles a wide range of cases involving foreigners in the Tokyo area (www.t-pblo.jp/fiss; 03-6809-6200). FISS lawyers address readers’ queries once a month. Questions: lifelines@japantimes.co.jp

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

COMMENT: You know there’s something seriously wrong with a system when legally all you have is luck (and a cell phone recorder) to protect you from official arbitrary questioning, search, seizure, and racial profiling by Japanese cops. Even a lawyer says so. So that’s definitive, right?

Now, then, JT, what misinformation was being spread here by my previous article? How about trusting people who give their actual names, and have legal experience and a verified research record (several times before in past JT articles)? And how about deleting that misinformative “featured comment” to my column?

SITYS.  Dr. ARUDOU Debito

World Cup 2014: Held in Brazil, but causes tightened police security in Tokyo due to alleged possibility of “vandalism”

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Hi Blog. As you probably know, the World Cup kicked off today. I found today’s Brazil vs. Croatia match a rather lackluster performance by the favored Brazilian team.  And for the record, I especially disliked ESPN’s announcer pointing out that the ref, who called the crucial penalty kick on questionable grounds, is a Japanese (insinuating he made the bad call BECAUSE he’s a Japanese), as it’s completely irrelevant.  Bad form, ESPN.

But what you probably didn’t know is that back in Japan, the Japanese police are back up to their old tricks of linking foreigners anywhere in the world to domestic crime. Get a load of this:

////////////////////////////////////////
Police to flood Shibuya as Japan kicks off World Cup campaign
The Japan Times NATIONAL JUN 11, 2014
Comments at the JT at http://www.japantimes.co.jp/news/2014/06/11/national/police-flood-shibuya-japan-kicks-world-cup-campaign/

Tokyo police will deploy about 800 officers in the Shibuya area Sunday to control crowds and reduce jams, noise and possible vandalism as Japan faces Cote d’Ivoire in the opening round of soccer’s World Cup.

“We expect considerable congestion with soccer fans, shoppers and tourists,” a spokesman for the Metropolitan Police Department said Wednesday. “We will take necessary security measures to ensure a smooth traffic flow, control the congestion and prevent trouble.”

Officers will be deployed around the main scramble intersection outside Shibuya Station, as well as in the Hachiko statue square and several adjacent streets where bars and cafes are likely to have the match playing on TVs. There will also be several public viewing spots in the area.

The police presence will last from 10 a.m., when the match kicks off, until 2 p.m., the spokesman said.

On an average day, 2.26 million passengers pass through Shibuya Station.

“It depends on the degree of congestion, but officers will direct the crowd of soccer fans not to flock to one area,” the spokesman said.

The police have no plans yet to cordon off areas or enforce traffic controls, he said.

The crossing in front of Shibuya Station attracts soccer fans every time Japan plays an international match, leading to rowdy, good-natured revelry.
ENDS
////////////////////////////////////////

COMMENT: Sooo…. once again we see the bad precedents established by bringing any major international event to Japan.  I’ve written before on the bad precedents set by, for example, the G8 Summits (where foreigners anywhere in Japan, even hundreds of miles away in Hokkaido!, are cause for NPA crackdowns in the capital).  And also the same with the 2002 World Cup, where the media was whipped into a frenzy over the possible prospect of “hooligans” laying waste to Japan and siring unwanted babies from rapes (seriously).  This time, in 2014, the games are thousands of miles away in Brazil.  But the NPA has still gotta crack down!  Who knows what those Ivory Coasters might get up to!  The paranoia, bunker mentalities, even outright falsification of data in order to justify a more-policed Japan are reaching ever more ludicrous degrees.  How immature this all is.  Dr. ARUDOU Debito

 

IPC: Five female Japanese students reported twice raping a Peruvian classmate in Fujinomiya, Shizuoka

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UPDATED:  THE MACHINE-TRANSLATED TEXT WAS GENDER-NEUTRAL, BUT THE SPANISH WAS GENDER-SPECIFIC, AND THIS DID NOT COME THROUGH IN ENGLISH.  AMENDMENTS MADE.

Hi Blog.  Received this from Debito.org Reader IA, who comments:

This week I read about a horrific case of ijime in Shizuoka Ken, a Peruvian girl was raped by five [female] classmates. The worst part is the authorities just bow the head and said they could only offer money nothing else. I’ll give you more details if you want. I’m trying to find the news in English or Japanese and I also sent an e-mail to the Spanish newspaper where I read about it to get more information in your language. This is awful I want to vomit. If the case was from the opposite side I’m sure the reaction could be different.

No doubt it would.  I don’t know about the money part, but this apparently is the rumor circulating around the Peruvian community in Japan.  Anyone else heard about this, especially in the J-media?  If you haven’t, I bet you also haven’t heard about the Herculano Murder Case, either.  I hope it won’t suffer the same fate.  Dr. ARUDOU, Debito

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

TRANSLATED BY GOOGLE TRANSLATE, ORIGINAL TEXT IN SPANISH BELOW
(Lightly edited.  Amendments by Spanish readers welcome)
Five Japanese students reported for sexual offense against a Peruvian partner in Shizuoka
INTERNATIONAL PRESS 18/04/2014 | Category: Community , Shizuoka

The mother knew the facts this week and yesterday has filed a complaint with the police Fujinomiya.

Five [female] students from a school in Chugakko (junior high) Fujinomiya, Shizuoka Prefecture, have been accused by a mother of Peruvian nationality for having sexually abused her 13 year-old in a terrible case of ijime (bullying).

According knew International Press, the Peruvian girl was raped twice by her fellow [female classmates in a school music club] in a park near the school, who took her by force and using “apparatus” to abuse her.

The incident occurred in May and December 2013, but only became known this week when the girl had had enough and told her mother everything.

The Peruvian, who cares for two children alone, was presented Thursday to the 17 education authorities Township Fujinomiya to tell the tale. Immediately, she was taken to the police to file a formal complaint.

The girl had stopped going to school, begged to be taken to Peru and will djo her mother to prevent his younger brother to enter Chugakko, junior high.

EL BUKATSU (school clubs)
In May 2013, when the Peruvian was a freshman at the Chugakko, his mother complained to the teacher in charge of the music club.

At that time the teacher knew the name of at least one of which pressed harassing and beating Peru to leave the club. The girl was described as a shy and reserved person who wanted to learn to play the clarinet.

The claimed effect did not emerge and the harassment continued despite the girl stopped going to the music club and switched to the drawing club.

Although missing some days to school, she continued going until March this year when she left school entirely. This week the whole truth came out.

The school principals were newly aware of the case yesterday after the mother filed a police report. (Ipcdigital)

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

Cinco alumnas japonesas denunciadas por ultrajar sexualmente a una compañera peruana en Shizuoka
18/04/2014 | Categoría: Comunidad,Shizuoka
http://es.ipcdigital.com/2014/04/18/cinco-alumnas-japonesas-denunciadas-por-ultrajar-sexualmente-una-companera-peruana-en-shizuoka/ Courtesy of IA

La madre conoció los hechos esta semana y ayer ha presentado denuncia ante la policía de Fujinomiya.
Cinco alumnas de un colegio de chugakko (secundaria básica) de Fujinomiya, provincia de Shizuoka, han sido acusadas por una madre de nacionalidad peruana por haber ultrajado sexualmente a su hija de 13 años en un terrible caso de ijime (hostigamiento).

Según supo International Press, la niña peruana fue violada dos veces por sus compañeras del club de música en un parque ubicado cerca de la escuela al que la llevaron por la fuerza y valiéndose de “un aparato” para ultrajarla.

Los hechos ocurrieron en mayo y diciembre de 2013, pero solo se conocieron esta semana cuando la niña no soportó más y narró todo a su madre.

La peruana, quien cuida a dos hijos sola, se presentó el jueves 17 ante las autoridades educativas del Municipio de Fujinomiya para contar lo sucedido. Inmediatamente, fue conducida ante la policía para presentar una denuncia formal.

La niña había dejado de ir a la escuela, rogaba para ser llevada a Perú y le djo a su madre que impidiera que su hermano menor ingrese al chugakko, la secundaria básica.

EL BUKATSU
En mayo de 2013, cuando la peruana cursaba el primer año de chugakko, su madre presentó una queja ante la profesora encargada del club de música.

En aquella oportunidad la maestra conoció el nombre al menos de una de las hostigadora que presionaba y golpeaban a la peruana para que abandonara el club. La niña fue descrita como una persona tímida y reservada que deseaba aprender a tocar el clarinete.

El reclamó no surgió efecto y el hostigamiento continuó a pesar que la niña dejó la música y se pasó al club de dibujo.

Aunque faltaba algunos días a clases, siguió acudiendo hasta que en marzo de este año dejó la escuela totalmente. Esta semana se supo toda la verdad.

Los directores de la escuela recién se han enterado del caso ayer luego de que la madre interpuso denuncia policial. (ipcdigital)

ENDS
//////////////////////////////////////////////

UPDATE APRIL 23, 2014: PERUVIAN EMBASSY GETTING INVOLVED. MACHINE-TRANSLATED ARTICLE FOLLOWS, THEN ORIGINAL SPANISH IPC ARTICLE.

http://translate.google.com/translate?sl=es&tl=en&js=y&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Fes.ipcdigital.com%2F2014%2F04%2F21%2Fconsul-peruano-dice-que-dirigira-las-acciones-de-apoyo-la-madre-de-nina-violada-en-fujinomiya%2F&edit-text=

Peruvian Consul says that direct the actions to support the mother of girl raped in Fujinomiya
21/04/2014 | Category: Community , Shizuoka | Courtesy of IA

Consul Cardenas reported Tuesday visit the home of the Peruvian in Shizuoka.

Consul General of Peru in Tokyo, Julio Cardenas, announced today that “personally direct the actions of support” for the Peruvian mother whose daughter was raped by five classmates in the town of Fujinomiya, in the province of Kanagawa. [sic]

The consul told Cardenas Press International that “tomorrow” (Tuesday 22 April) visit the house of his compatriot to directly offer their support to the mother and daughter.

“Today I had telephone contact with the lady and I found a very acute emotional state. I offered all my solidarity and full understanding as a human being and as consul, “said Peruvian authorities.

After hearing the testimony of the mother, the consul said, “It was totally touching as a human being if I get and would have the same reaction that she (with anger and thirst for righteousness),” he said.

Asked about the number of cases of ijime (harassment) against Peruvian school coming to your office, Cárdenas, revealed that the first time you receive a letter and a formal complaint. “I have been informed that people talk, but we have not heard more so with a letter, to this day,” he said.

For Fujinomiya was revealed last Friday by International Press after the mother requested support to face the drama of her 13-year-old sexually assaulted twice between May and December 2013 by her fellow club music school .

Last Thursday police Fujinomiya accepted the case as “complaint” which may not be processed in the arrest of the attackers because they are under 13, according to Japanese authorities said the mother.

“We will call the girls and their parents, they will severely draw attention to know that fact harm. Maybe you can receive financial compensation for parents of girls. More can be done, “said the Japanese police, he told the Peruvian.

Woman reccionó with outrage at the police response because it offers a real serious case of rape has destroyed the life of his daughter solution.

The action of the school has also been disappointing. Last Friday, the Peruvian stated his case to the principal and vice-principal. They listened with bowed head, but instead of offering immediate psychological help for the girl and own shares, preferred to hide behind the police report and keep silent.

It is expected that the participation of Peruvian Consul help the Japanese authorities put real interest in such a rugged case. (Ipcdigital)
ENDS

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

ORIGINAL ARTICLE:

Cónsul peruano dice que dirigirá las acciones de apoyo a la madre de niña violada en Fujinomiya
INTERNATIONAL PRESS 21/04/2014 | Categoría: Comunidad,Shizuoka |
El Cónsul Cárdenas informó que este martes visitará la casa de la peruana en Shizuoka.

http://es.ipcdigital.com/2014/04/21/consul-peruano-dice-que-dirigira-las-acciones-de-apoyo-la-madre-de-nina-violada-en-fujinomiya/

El cónsul general del Perú en Tokio, Julio Cárdenas, ha anunciado hoy que “dirigirá personalmente las acciones de apoyo” a la madre peruana cuya niña fue violada por cinco compañeras de escuela en la localidad de Fujinomiya, en la provincia de Kanagawa. [sic]

El cónsul Cárdenas dijo a International Press que “mañana mismo” (este martes 22 de abril) visitará la casa de su connacional para ofrecer directamente su respaldo a la madre y a su hija.

“Hoy he tenido contacto telefónico con la señora y la he encontrado en un estado emocional muy agudo. Le he ofrecido toda mi solidaridad y plena comprensión como ser humano y como cónsul”, declaró la autoridad peruana.

Tras escuchar el testimonio de la madre, el cónsul dijo que “ha sido totalmente conmovedor, como ser humano me pongo en su caso y tendria la misma reaccion que ella (de indignación y sed de justicia)”, comentó.

Preguntado sobre la cantidad de casos de ijime (hostigamiento) escolar contra peruanos que llegan a su oficina, Cárdenas, reveló que es la primera vez que recibe una carta y una queja formal. “He tomado conocimiento porque la gente habla, pero no hemos sabido más, así con una carta, hasta hoy”, explicó.

El caso de Fujinomiya fue revelado el pasado viernes por International Press luego que la madre solicitara apoyo para enfrentar el drama de su hija de 13 años, ultrajada sexualmente dos veces, entre mayo y diciembre de 2013 por sus compañeras del club de música de la escuela.

El jueves pasado la policía de Fujinomiya aceptó el caso como “queja”, que no podrá transformarse en la detención de las atacantes porque se trata de menores de 13 años, según dijeron las autoridades japonesas a la madre.

“Convocaremos a las niñas y a sus padres, les vamos a llamar severamente la atención para que sepan que hecho un daño. Usted puede recibir quizá una compensación económica de los padres de las niñas. Más no se puede hacer”, dijo la policía japonesa, según contó la peruana.

La mujer reccionó con indignación ante la respuesta de la policía porque no ofrece una solución real a un gravísimo caso de violación sexual que ha destruido la vida de su hija.

La acción del colegio también ha dejado mucho que desear. El viernes pasado, la peruana expuso su caso ante el director y vice-director de la escuela. Ellos escucharon con la cabeza gacha, pero en vez de ofrecer inmediata ayuda sicológica para la niña y más acciones propias, prefirieron escudarse tras la denuncia policial y mantener silencio.

Se espera que la participación del Cónsul Peruano ayude a que las autoridades japonesas pongan interés real en un caso tan escabroso. (ipcdigital)
ENDS

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

UPDATE APRIL 24, 2014, AGAIN, GOOGLE MACHINE TRANSLATED WITH CONFUSING SENTENCES LEFT INTACT AND GENDERED PRONOUNS LIGHTLY EDITED, CORRECTIONS WELCOME:

Peruvian girl family abused by her classmates by fear leaves Fujinomiya
IPC 04/24/2014 | Category: Community , Shizuoka | Courtesy of IA
It is suspected that the girl has been filmed and photographed when she was abused.

The sexual abuse that was inflicted upon a Peruvian girl (13) by five [female] Japanese classmates in the town of Fujinomiya, Shizuoka, is taking as rough road as the event itself. The girl was not abused in a nearby park as stated in the beginning but all have occurred within the school, and the facts have been filmed and photographed.

These data were revealed to International Press by the mother of the girl, who has begun to understand much more the state of terror in which she finds her daughter. [The daughter] had received threats from the aggressors if her mother and her younger brother should denounce the abuses.

The girl was told under threats have been abused more times than I said and within the school between July 2013 and March 2014, when she left school completely and asked the help of her mother.

Fear is installed in the house because of the Fujinomiya police so far has not given strong signs that they want to protect the family, and have no confidence in the school due to the bad management of the case so far.

PERUVIAN CONSUL’S VISIT TO THE POLICE AND SCHOOL

Police and school have shown only real concern of the problem on Tuesday when they saw on April 22 parked in front of their premises a car with diplomatic plates, with the consul general of Peru in Tokyo, Minister Julio Cardenas, aboard.

The head of the Central Police Station Fujinomiya assured the Peruvian Consul to give priority to the investigation and assured they would treat the case as if it were any Japanese.

That same day, following the visit of Consul Cárdenas, an agent of the police revealed that the International Press rape investigations are underway and that four of the five alleged attackers, including her parents, had passed by the police station, although all have denied the allegations.

At school, the Consul was greeted by the vice-principal, and his presence in the school caused an unusual stir. The manager promised to take action and collaborate as needed.

Just Thursday morning, the mother received a phone call from the Board of Education and school district offering psychological support for the Peruvian girl, but she has lost all confidence in them. A private psychologist in charge of treatment is small.

ONLY LIVED FOR THEM: THE MOTHER

The mother tries to get her courage to the drama that has affected their lives, and complains about not being able to support her child on time. “I am mortified and hurt, I wanted to go back in time and be there to protect her,” she confessed in tears in a meeting with CPI.

“My daughter is quite reserved. Chiquita my brothers told me it was quite coy, that anyone could take her without her claimed “he said and I was like well cared for.

“I worked until three in the afternoon to be with my children,” she said, “we live austerely, but that is to be with them.” This happened until she lost the job due to a fall in production and started to work until 5pm.

Still, every day she brought her children to school, even though the tutor asked her not to do so, and each time she would also pick them up. “I was afraid that something had happened to them. I was afraid that she would be kidnapped as read in the news in Japan or hit by a car on the streets. Everyone knows who lived for them,”s he said.

She took care of both children to the point where, her own mother once scolded, that “she was a very overprotective mom”, and asked to leave them freer to learn how to defend themselves.

That was until in March 2013, when the girl began to have changes in her character. Besides being reserved she became even more distant from her mother, became cranky, and could go days without bathing. Everyone thought it was stuff of adolescence and needed patience.

The first warning that she was victim of ijime (harassment) occurred in May 2013. A group of friends beat and demanded to leave the music club where Peruvian learned clarinet. The mother filed a complaint and then accepted for the moment her move to the drawing club.

FEAR AND OUT OF FUJINOMIYA

Since then the facts were supposedly worse without anyone noticing at school. Five Japanese girls her age molested the Peruvian in a ritual that was filmed and photographed.

The mother believes that her daughter endured all that, and in silence, for fear that these people do harm to your family. She had asked her mother not to send her younger brother to study in that school.

Now, the goal is to surround the small images that give security. Her father, who had divorced his mother for some time, has returned home to protect her. Took time off work, although it was reported yesterday that he had been fired despite having explained the situation the manager of the company.

The presence of the consul Cardenas helped decisively. After that, she had more details that will help in the police investigation. The same diplomat brought mother and daughter to Tokyo on Tuesday for a consultation with the renowned Japanese lawyer Kotaro Tanaka.

Yet fear and trauma was beyond endurance. In hours this afternoon, the mother usumió decisive action to safeguard the physical and psychological integrity of his family. She put in the car a change of clothes and left in an unknown direction from Fujinomiya out of fear. The famous Japanese safety has collapsed for them.

“We are now leaving Fujinomiya” the father said to International Press, while his former wife was driving with her ​​two children on board. They only become increasingly requires the police. They want justice. (Luis Alvarez / ipcdigital)
ENDS

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

ORIGINAL ARTICLE

Familia de la niña peruana ultrajada por sus compañeras de clase deja Fujinomiya por temor
24/04/2014 | Categoría: Comunidad,Shizuoka | Courtesy of IA
Se sospecha que la niña haya sido filmada y fotografiada cuando fue abusada.
http://es.ipcdigital.com/2014/04/24/nina-peruana-violada-por-sus-companeras-en-una-escuela-de-fujinomiya-puede-haber-sido-filmada/

El abuso sexual al que fue sometida una niña peruana (13) por cinco compañeras de clase japonesas en la localidad de Fujinomiya, en Shizuoka, está tomando un camino tan escabroso como el propio acontecimiento. La niña no fue abusada en un parque cercano como se dijo en un principio sino que todo habría ocurrido dentro de la escuela y los hechos habrían sido filmados y fotografiados.

Estos datos fueron revelados a International Press por la madre de la niña, quien ha empezado a comprender mucho más el estado de terror en que se encuentra su hija. Ella habría recibido amenazas de las agresoras contra su persona, su madre y su hermano menor en caso denunciara los abusos.

La pequeña ha contado que bajo amenazas ha sido abusada más veces de las que dijo y dentro de la escuela entre julio de 2013 y marzo de 2014, cuando abandonó la escuela totalmente y pidió el auxilio de su madre.

El miedo se ha instalado en la casa de la peruana porque hasta ahora la policía de Fujimiya no ha dado muestras contundentes de que quiere proteger a esa familia y no hay confianza en la escuela por la pésima gestión del caso hasta el momento.

LA VISITA DEL CÓNSUL A LA POLICÍA Y ESCUELA

Policía y escuela solo han mostrado preocupación real del problema el día martes 22 cuando vieron estacionarse en la puerta de sus locales un automóvil con placa diplomática con el cónsul general del Perú en Tokio, ministro Julio Cárdenas, a bordo.

El jefe de la comisaría central de Fujinomiya ha asegurado al Cónsul Peruano que dará prioridad a esta investigación y garantizó que tratarían el caso como si fuera de cualquier japonés.

Ese mismo día, tras la visita del Cónsul Cárdenas, un agente de la policía reveló a International Press que las investigaciones de la violación están en marcha y que cuatro de las cinco supuestas atacantes, incluidos sus padres, habían pasado por la delegación policial aunque todas han negado los hechos.

En la escuela, el Cónsul fue recibido por el vice-director y su presencia en el centro escolar causó un revuelo inusitado. El directivo prometió tomar acciones y colaborar en cuanto haga falta.

Recién la mañana de hoy jueves, la madre recibió una llamada telefónica de la la Junta Educativa del Municipio y de la escuela ofreciendo ayuda psicológica para la niña peruana, pero se ha perdido toda la confianza en ellos. Una psicóloga privada está encargándose del tratamiento de la pequeña.

SOLO VIVÍA PARA ELLOS: LA MADRE

La madre intenta sacar fuerzas de flaqueza ante el drama que vive y se reprocha por no haber podido apoyar a tiempo a tu niña. “Me siento mortificada y dolida. Cómo quisiera regresar en el tiempo y estar allí para protegerla”, confesó entre lágrimas en un encuentro con IPC.

“Mi niña es bastante reservada. De chiquita mis hermanos me decían que era muy calladita, que cualquiera se la podía llevar sin que ella reclamara”, dijo y así fue como la cuidó.

“Yo trabajaba hasta las tres de la tarde para estar con mis hijos. Dije, ‘vamos a vivir austeramente, pero que sea para estar con ellos’”, siguió contando la madre. Así ocurrió hasta que perdió el trabajo por una caída de la producción y empezó a trabajar hasta las 5 de la tarde.

Aún así, todos los días llevaba a sus niños a la escuela, a pesar de que la tutora de pedía que no lo hiciese, y cada vez que podía también los recogía. “Yo temía que les pasara algo. Tenía miedo que los secuestraran como se lee en las noticias de Japón o que un carro los atropellara en estas calles. Todos saben que vivía para ellos”, declaró.

La mujer cuidaba tanto de los chicos, que su propia madre le reprochó alguna vez que “era una mamá muy sobreprotectora” y le pedía que los dejara más libres para que aprendieran a defenderse.

Así fue hasta que en marzo de 2013 su niña empezó a tener cambios en su carácter. Además de reservada se volvió aún más distante de su madre, respondía de mal humor y podía pasar días sin bañarse. Todos pensaron que se trataba de cosas de la adolescencia y que necesitaba paciencia.

El primer aviso de que era víctima de ijime (hostigamiento) ocurrió en mayo de 2013. Un grupo de amigas la golpeaba y le exigía que saliera del club de música en donde la peruana aprendía clarinete. La madre presentó una queja y luego aceptó pasarla al club de dibujo.

MIEDO Y LA SALIDA DE FUJINOMIYA

Desde entonces los hechos fueron a peor sin que supuestamente nadie en la escuela lo notara. Cinco niñas japonesas de su misma edad habrían abusado sexualmente de la peruana en un ritual que era filmado y fotografiado.

La madre entiende que su niña soportó todo eso, y en silencio, por temor a que esas personas hicieran daño a su familia. Ella había pedido a su mamá que no mandara a su hermano menor a estudiar a esa escuela.

Ahora, el objetivo es rodear a la pequeña de imágenes que le den seguridad. Su padre, divorciado de su mamá hace algún tiempo, ha vuelto a casa para protegerla. Pidió permiso en el trabajo, aunque ayer fue comunicado de que había sido despedido a pesar de haber explicado su caso al gerente de la empresa.

La presencia del cónsul Cárdenas ayudó decididamente. Tras ello, la niña contó más detalles que ayudarán en la investigación policial. El mismo diplomático trajo a madre e hija el martes hasta Tokio para una consulta con el conocido abogado japonés Kotaro Tanaka.

Aún así el temor y el trauma superan lo soportable. En horas de esta tarde, la madre usumió una acción decidida para salvaguardar la integridad física y psicológica de su familia. Puso en el carro alguna muda de ropa y dejó Fujinomiya con rumbo desconocido por temor. La famosa seguridad de Japón se ha derrumbado para ellos.

“Estamos ahora mismo saliendo de Fujinomiya”, dijo el papá a International Press mientras su ex esposa iba al volante con sus dos niños abordo. Solo volverán cada vez que la policía lo requiera. Quieren justicia. (Luis Álvarez/ipcdigital)
ENDS

My Japan Times JUST BE CAUSE Col 74, Apr 3, 2014: “Knowing your rights can protect against fake cops”, updating the NJ Spot ID Checkpoints issue

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Hi Blog. My latest Japan Times column is out now. Excerpt:
ISSUES| JUST BE CAUSE
justbecauseicon.jpg

Knowing your rights can protect against fake cops
BY DEBITO ARUDOU
SPECIAL TO THE JAPAN TIMES, APR 2, 2014
Courtesy http://www.japantimes.co.jp/community/2014/04/02/issues/rights-can-protect-against-fake-cops/

Long-time readers of The Japan Times will already be aware of some of the information in today’s column. But within is an important update, so press on.

As you no doubt know (or should know), non-Japanese residents are required to carry ID 24/7 in the form of wallet-size “gaijin cards,” nowadays known as zairyū kādo (resident cards). (People without those cards — i.e., tourists here for less than three months — must instead always carry a passport.) Don’t leave home without yours, for you could face detention and a criminal penalty if a police officer suddenly demands it.

Which they can do at any time — underscoring the weakened position of non-Japanese under domestic law and social policy. According to the former Foreign Registry Law, any public official empowered by the Ministry of Justice may demand ID from a non-Japanese person, whenever. Inevitably, this encourages racial profiling, as cops with systematic regularity target people who “look foreign” (including naturalized citizens, such as this writer) for public shakedowns that are intimidating, alienating and humiliating…

Exacerbating this is social policy (see Community pages passim), with the National Police Agency and other ministries expressly portraying non-Japanese as agents of crime, terrorism, hooliganism and infectious diseases. They have also encouraged the general public to pile on, unlawfully demanding that hotels and other public facilities, taxation agencies and non-Japanese employers also carry out gaijin-card checks.

Note that this sort of thing cannot be done to Japanese. Even the prospect of creating standardized IDs (let alone being forced to carry one at all times) has caused public outrage (recall the scandal over the Juki Net system). No wonder: Citizens are in fact shielded by the Police Execution of Duties Law, which states that police officers can ask personal questions only if there is probable cause — that is, adequate suspicion that a crime has been or is about to be committed. Although there are cases of Japanese being similarly harassed by police, the attitude of those on the receiving end of such treatment — at least according to numerous videos on YouTube (search for shokumu shitsumon, or 職務質問) — generally seems to be alarm over capricious invasions of privacy.

Not so for non-Japanese. Last month I received reports that police officers in Roppongi have recently included searching bags and sticking their hands down the pockets of non-Japanese, heightening the invasiveness. (This is the same police branch, remember, that came up with non-Japanese urine checks — until The Japan Times questioned its legality. See “Cops crack down with ‘I pee’ tests,” July 7, 2009.)

Moreover, as general awareness has increased that non-Japanese must carry gaijin cards, I have received reports that weirdos posing as police (most recently in Kichijoji, Tokyo) are coming up to non-Japanese (particularly women) and demanding their personal information.

One might think things changed for the better when the Foreign Registry Law was abolished in 2012 — after all, non-Japanese can finally be registered as residents with their Japanese families — but no: The section that permits spot ID checks was incorporated into the revised Immigration Control Act (Article 23).

Fortunately, so were safeguards against cop masqueraders. So here is a revised version of your legal rights:

  • If someone who purports to be a police officer (some prowl in plainclothes) asks for your ID, ask if this is shokumu shitsumon (literally, a professional inquiry; download a dialog you can put in your wallet at www.debito.org/shokumushitsumon.html) If he says yes, ask if there is probable cause of a crime. If he says no, ask if you may leave. Repeat as necessary. This should stop some ID checks, especially if you start videoing it with your phone. (Legally you can, as YouTube demonstrates.)
  • If the police officer responds that as non-Japanese, you are required by law to display ID upon request, counter that by law, cops are also required to display badges upon request. Say “• Keisatsu techō o misete kudasai• ” and take a picture of both the badge and the hologram ID on the back. (Beware of fake badges; see an image at www.debito.org/?p=12138). This will stop most abuses. Then show your gaijin card.
  • If the officer refuses to show his techō (pointing to the number on his uniform lapel — or, according to one account, patting his gun — is insufficient), then head to the nearest kōban • (police box). That should send imposters scurrying away. Once there, by law, you will have to show your gaijin card, but try to get a techō from somebody, because you will need all the information (on front and back) for future reference.
  • If the officer demands a bag or pocket search, ask if he has a warrant, and that you won’t comply until he gets one. Say “Reijō ga arimasu ka? Reijō ga nai to dekimasen.”
  • If you feel as though you have suffered abusive treatment, then contact the Public Safety Commission (kōan iinkai) in your prefecture (Tokyo’s is at www.kouaniinkai.metro.tokyo.jp/osirase.html) with the exact details of the officer’s badge. You can file a formal complaint in English — they have translators. Admittedly, these are wolves policing other wolves, but do something and you might get an answer; do nothing and there is no possibility of a check or balance on abusive cops or cosplay stalkers.

Remember: Only police and other officials of the Justice Ministry (such as immigration officials) may demand to see your gaijin card specifically. When necessary, you can choose to show other ID, such as a driver’s license or health insurance card, like any Japanese.

The point is, be aware of your rights. Like anywhere, Japan has people with foreigner fixations (such as killers Joji Obara and Tatsuya Ichihashi), and they prey on the weakened position of non-Japanese in Japanese society. Empower yourself.

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

ARUDOU, Debito is the author of the “Guidebook for Relocation and Assimilation into Japan” (www.debito.org/handbook.html) A discussion of this issue is at www.debito.org/?p=12138. Send comments and story ideas to community@japantimes.co.jp.
ENDS

Suraj Case: Tokyo District Court finds “illegal” excessive force, orders GOJ restitution to family of NJ killed during deportation (contrast with UK case)

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Hi Blog. Some moderately good news also came down the pipeline a few days ago, when the Suraj Case of police brutality and death in detention was drawn to a conclusion in Civil Court.  The Tokyo District Court faulted the GOJ with “illegal” excessive force, and doled out restitution of a paltry sum of about USD $50,000 for a man’s life.  Hokay.  For many (unless there is an appeal), that means case closed.

It’s good that somebody was found fault with.  Up until now, Japan’s Immigration Bureau got away with a clear case of cold-blooded murder of a NJ being manhandled by overzealous authorities.  However, this was a decision that took place in CIVIL Court, not Criminal, meaning no criminal penalty has been applied to Suraj’s killers.

Contrast this with a very similar murder case that just came down in the UK:  The Mubenga Case.  Same time line (an excruciatingly slow four years), same class of human being as far as the developed countries see it (a dark African man from Ghana/Angola), and same killing while in official custody.  Except in the UK case, you get arrests, a charge of manslaughter, and killers’ names made public.  In other words, the System in the latter case is less likely to protect individuals for their excesses, which is the much better deterrent for them to do this brutal act again.  Thus we’re more likely to see Surajs happen than Mubengas, since Japan’s criminal prosecutors decided not to pursue Suraj’s case at all.  And so the Suraj Case remains Japan’s shame, and should be a deterrent for future immigrants to come to Japan:  In Japan’s overall criminal system of “hostage justice”, an overstayed visa may become a capital offense.  Arudou, Debito

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

Officials faulted in death of Ghanian
Court rules immigration used ‘Illegal’ force on deportee
BY TOMOHIRO OSAKI, STAFF WRITER
THE JAPAN TIMES, MAR 19, 2014

In a landmark verdict, the Tokyo District Court on Wednesday ruled that immigration officials were responsible for the death of a Ghanaian man they were forcibly deporting in 2010.

Finding that the officials “illegally” used excessive force to subdue Abubakar Awudu Suraj aboard a plane, the court ordered the government to pay about ¥5 million to his Japanese wife and his mother, who lives in Ghana.

The pair had sought more than ¥130 million in damages, arguing that Suraj, who was 45 at the time, suffocated while being subjected to abuse.

It’s the first time a court has ordered immigration officials to pay damages for the death of a foreigner they mistreated.

Caught overstaying his visa in 2006, Suraj was ordered deported. In March 2010, accompanied by a group of immigration officials, he was taken aboard a private jet at Narita airport.

Prior to takeoff, officials bound his arms and legs, stuffed a towel in his mouth and bent him forcibly forward, cutting off his air supply. They said later they were concerned Suraj might put up a violent struggle.

“Their effort to restrain him crossed the line to such an extent it can never be defended as necessary and reasonable,” presiding Judge Hisaki Kobayashi said, slamming their act as “dangerous” and “illegal.”

Rest of the article at http://www.japantimes.co.jp/news/2014/03/19/national/officials-faulted-in-death-of-ghanian/

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

Contrast this with what happened on about the same time line line with an incident in the UK:

Jimmy Mubenga: three G4s guards to be charged with manslaughter
CPS says Stuart Tribelnig, Terry Hughes and Colin Kaler will be charged over 2010 death of Mubenga at Heathrow airport
theguardian.com, Thursday 20 March 2014 08.26 EDT, courtesy of SendaiBen
http://www.theguardian.com/uk-news/2014/mar/20/jimmy-mubenga-death-three-g4s-guards-charged-manslaughter

Jimmy Mubenga died after being restrained by the three guards on board a plane at Heathrow airport in October 2010.
Three G4S guards are being charged with manslaughter following the death of a man as he was being deported from the UK.

Jimmy Mubenga, 46, died after being restrained by the three on board a plane at Heathrow airport in October 2010.

On Thursday the Crown Prosecution Service said the guards, Stuart Tribelnig, 38, Terry Hughes, 53, and Colin Kaler, 51, would be charged with manslaughter.

Malcolm McHaffie, deputy head of CPS special crime, said: “There is sufficient evidence for a realistic prospect of conviction and it is in the public interest to prosecute Colin Kaler, Terrence Hughes and Stuart Tribelnig.”

Mubenga’s wife, Adrienne Makenda Kambana, said: “My children and I have waited a long time for this decision. We hope the CPS will now move this case forward quickly. We feel like we are another step closer to getting justice for Jimmy.”

The three guards were arrested following Mubenga’s death but in 2012 the Crown Prosecution Service decided not to bring any charges against them.

That decision was reviewed following an inquest into Mubenga’s death last year in which a jury returned a verdict of unlawful killing following an eight-week hearing.

McHaffie said: “We have completed a fresh review of all of the evidence relating to the death of Jimmy Mubenga, including the new evidence arising from the inquest, and decided that three men should be prosecuted for manslaughter.”

The CPS said it had decided not to prosecute G4S for corporate manslaughter.

“We have concluded that there is insufficient evidence to prosecute G4S for either offence and, due to the fact that related proceedings are now active, it would be inappropriate to comment further,” it said in a statement.

Mubenga and his wife came to the UK in 1994. His family says that as a student leader in Angola he had fallen foul of the regime and was forced to flee. After a protracted legal battle he was granted exceptional leave to remain and he and Kambana moved to Ilford in Essex, where they set up home with their five children.

In 2006 Mubenga was convicted of actual bodily harm and sentenced to two years in prison following a brawl in a nightclub.

After serving his sentence he was transferred to an immigration detention centre and the process to deport him began.

On Thursday the family’s solicitor, Mark Scott, welcomed the CPS’s decision to prosecute the guards, adding: “It has been a three-and-a-half year struggle for the family to get to this point and they hope to get on with their lives once this final challenge is met.”

The three guards are due to appear at Westminster magistrates court on 7 April.

Solicitors for the three said they would be vigorously denying the charges. A statement on behalf of Hughes, Kaler and Tribelnig said: “My clients are very disappointed with the CPS’s decision, having previously been told after a very lengthy police investigation that no charges would be brought against them. They will be vigorously denying these charges in court.”

Deborah Coles, co-director of the Inquest campaign group, which has supported Mubenga’s family, said the CPS’s decision “reiterates the importance of legal aid for families to be represented at inquests”.

“It is legal aid that ensured a robust examination of all the evidence, which has ultimately resulted in today’s welcome decision. The cuts to legal aid mean that cases like this in the future may well not receive this kind of scrutiny.”
ENDS

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

More press:

Court slams ‘illegal’ restraint in death of Ghanaian deportee, orders compensation

AJW/Asahi Shimbun, March 19, 2014

By TSUYOSHI TAMURA/ Staff Writer

http://ajw.asahi.com/article/behind_news/AJ201403190089

The Tokyo District Court blasted the “illegal” restraint methods used by immigration officials that led to the death of a Ghanaian national who was being deported four years ago and ordered the central government to pay about 5 million yen ($49,000) in compensation to his family.

Abubakar Awudu Sraj, 45, died on March 22, 2010, aboard an aircraft at Narita Airport.

His 52-year-old Japanese wife sued the central government, demanding 130 million yen in compensation.

On March 19, the Tokyo District Court declared that Sraj’s death was due to suffocation caused by illegal methods of restraint used by immigration security guards and ordered the payment of compensation.

Hiroshi Komai, professor emeritus at the University of Tsukuba specializing in international sociology, said the verdict highlighted the lack of human rights awareness in the Immigration Bureau.

“The Justice Ministry should seriously accept the verdict and make every effort to prevent a recurrence,” Komai said. “The whole world will be watching to see what it does.”

Sraj’s widow felt a sense of vindication.

“I believe that my husband, in exchange for his life, brought to light an issue for Japanese society,” she said.

The Tokyo District Court verdict said immigration officials used restraints on a man who was putting up very little resistance.

“The (act of restraining) was illegal because the possible danger far outweighed the need and appropriateness for such restraint,” Presiding Judge Hisaki Kobayashi said in the verdict.

The restraints used violated internal regulations at the Justice Ministry.

According to a report compiled by the Justice Ministry, Sraj’s hands and ankles were cuffed, and he was gagged with a towel as several security guards carried him onto the aircraft. Those guards then pushed Sraj’s back, forcing him to hunch forward in his seat.

Both of his wrists were further bound to his belt with a plastic band.

The district court accepted that version of events, and said that while Sraj showed indications that he did not want to be deported before he was placed on the plane, once aboard he showed little resistance.

“Breathing restrictions due to the gag and the limitations on movement of the chest and diaphragm caused by being forced into a posture of having his face near his knees led to breathing difficulties that caused death by suffocation,” the verdict said.

The court rejected the central government’s argument that Sraj died due to heart problems, and that the method of restraint had no causal relationship with his death.

At the same time, the district court also recognized that Sraj repeatedly said he did not want to board the plane while he was being taken to it. The court said such remarks led to the judgment that Sraj was partly responsible for having to be forcibly restrained.

For that reason, the court decided that the central government only had to pay half the damages incurred by Sraj’s death.

The Ghanaian first arrived in Japan in 1988 on a short-stay permit. After working in factories, he was arrested in 2006 for immigration law violations.

Following his death, the Chiba prefectural police sent papers to prosecutors for 10 security guards on suspicion of causing death through violent acts by government workers. However, in July 2012, the Chiba district public prosecutors office decided not to indict any of the 10 individuals.

Sraj’s bereaved family members are considering asking the prosecution inquest committee to take up the matter.

An official with the Immigration Bureau at the Justice Ministry said, “We will decide on what steps to take after sufficiently considering the contents of the verdict.”

The verdict comes almost four years to the day of Sraj’s sudden death. His widow still has not come to terms with the senseless way in which he was taken from her.

“My husband was not treated as a human,” she said.

During the trial, lawyers for the central government argued that Sraj put up fierce resistance as he was being deported.

However, the video shown by officials of the Chiba district public prosecutors office to his family showed a calm Sraj walking on his own two feet. Security guards carried him onto the plane.

“The primary goal of the guards was to carry out the deportation, so they likely did not think they were dealing with another human,” Sraj’s widow said.

She first met Sraj in 1988, and they began living together the following year. They married in 2006. The Tokyo District Court rescinded a deportation order for Sraj in 2008 on the grounds the couple was legally married.

However, the Tokyo High Court the following year overturned the lower court ruling on the grounds that because the couple had no children and because the wife worked, there was no pressing need for her to have a husband.

Sraj said at that time that foreigners could not win in Japan.

The restraints used against Sraj were widely criticized. The Ghanaian Embassy filed a protest with the government. The British magazine Economist said Japanese society was avoiding the issue.

In its annual report on the human rights situation in nations around the world, the U.S. State Department called the restraining methods used in Japan cruel and inhumane.

The Justice Ministry regulations said that only handcuffs and rope could be used to bind individuals. While ankle cuffs were not allowed, Sraj was cuffed on both his hands and ankles. The plastic band used on Sraj’s hands was also prohibited and towels were not allowed to be used as gags.

However, when the Immigration Bureau released the results of its investigation into the case in 2012, it said Sraj was a “special case” that permitted the use of such devices.

Despite defending the methods used, the Immigration Bureau subsequently revised its internal regulations. Those now clearly state that ankle cuffs are prohibited. New regulations also call for videotaping as much as possible when deporting individuals to allow for a visual record.

After Sraj’s death, the Immigration Bureau stopped deporting individuals against their will.

However, from July 2013, the bureau began chartering planes for forced deportations of individuals in groups, a major change from the past practice of deporting individuals one at a time on commercial flights.

Human rights groups have criticized the resumption of deportations without consent on the grounds the life and the will of the deportees are being ignored.

ENDS

NHK World: Tokyo Court orders Tokyo Metro Govt to compensate Muslim NJ for breach of privacy after NPA document online leaks

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Hi Blog. In what I consider to be good and very significant news, the Tokyo District Court ruled that NJ who had their privacy violated, due to National Police Agency leaks of personal information, were entitled to compensation.

This is good news because the government rarely loses in court. Considering past lawsuits covered by Debito.org, the police/GOJ can get away with negligence (Otaru Onsens Case), grievous bodily harm (Valentine Case), and even murder (Suraj Case).

But not privacy violations. Interesting set of priorities. But at least sometimes they can protect NJ too.

Note also what is not being ruled problematic. As mentioned below, it’s not an issue of the NPA sending out moles to spy on NJ and collecting private information on them just because they happen to be Muslim (therefore possible terrorists). It’s an issue of the NPA losing CONTROL of that information. In other words, the privacy breach was not what’s being done by The State, but rather what’s being done by letting it go public. That’s also an interesting set of priorities.

But anyway, somebody was forced to take responsibility for it.  Good news for the Muslim community in Japan.  More background from the Debito.org Archives on what the NPA was doing to Japan’s Muslim residents (inadequately covered by the article below), and the scandal it caused in 2000, here, here, and here.  Arudou Debito

UPDATE JAN 17:  I was convinced by a comment to the Japan Times yesterday to remove this entry from the “Good News” category.  I now believe that the court approval of official racial profiling of Muslims has made the bad news outweigh the good.  That comment below the article.  

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

Tokyo ordered to pay police leak compensation
NHK World, January 15, 2014, courtesy of JK
http://www3.nhk.or.jp/nhkworld/english/news/20140115_36.html

The Tokyo Metropolitan Government has been ordered to pay compensation of more than 90 million yen, or about 860,000 dollars, for breach of privacy resulting from a leak of police documents.

The case involves 114 documents related to international terrorism that were leaked online in 2010. They contained the names, addresses and photos of Japanese people and foreigners who provided information to police investigators.

About 2 months after the documents were leaked, the Tokyo Metropolitan Police Department acknowledged the documents as their own, and pledged protection and support for those whose identities have been revealed.

But the police were never able to identify who was responsible for leaking the documents, which was done with special software that made the leak untraceable. The statute of limitations on the case expired in October.

On Wednesday, the Tokyo District Court ruled in a lawsuit filed by 17 Muslims who claimed that their privacy had been violated.

Presiding judge Masamitsu Shiseki acknowledged that the police created the documents and called intelligence-gathering by investigators an unavoidable measure to prevent international terrorism.

But the judge said the documents were probably leaked by Tokyo Metropolitan Police Department personnel, and held the Superintendent-General responsible for failing to properly manage their intelligence.

One of the plaintiffs told reporters that he felt a bit relieved that the court acknowledged the responsibility of the police. But he said that what he and others really wanted the court to acknowledge was that the police investigation was discriminatory and illegal. He said he was sorry that the court did not find the investigation illegal.

The Tokyo Metropolitan Police Department says it is regrettable that the court did not accept its claims. It also said it will decide whether to appeal the ruling after studying the content of the decision.

ENDS

COMMENT FROM STEVE JACKMAN AT THE JAPAN TIMES (see full comment here):

So, the Japanese court has legally sanctioned the government to racially profile its Japanese citizens and residents, by giving the Japanese government its official approval and permission to racially profile them based on their religious beliefs. This smacks of the early days of the rise of Nazism, when the Nazis racially profiled Germany’s Jewish population based solely on their religious beliefs.

The Japanese court has ruled that the police can gather information on Japanese citizens and residents, based solely on the reason that they are Muslim. It cited that terrorist attacks had been carried out by Islamic radicals around the world, and the ruling stated that, “There is a sufficient danger that such acts could also occur in Japan”. Never mind, that these muslim citizens and residents have committed no crimes, have nothing to do with terrorism, and that until now Japan has only experienced home grown terrorism, which has nothing to do with its muslim population.

After the court’s verdict, the lawyer for the muslim plaintiffs stated, “The ruling allowed the gathering of information just because an individual happened to be a Muslim”. He further raised concerns about the effects of the court’s ruling in light of the recent enactment in Japan of the state secrets protection law, which defines information related to terrorism as being subject to classification as a state secret. “The gathering of information itself will become a secret and there would be no brakes applied on investigations conducted by those in public security,” he said.[…]

ENDS

Tokyo Metro Govt issues manual for J employers hiring NJ employees: Lose the “Staring Big Brother” stickers, please!

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Hi Blog.  Debito.org Reader JF found this sticker up in Ikebukuro a few weeks ago:

NJstarephoto

Issued by the Tokyo Metropolitan Government Youth and Safety Policy Division, it says that the employer of this establishment will not hire illegal foreign workers.  The slogan rimming above says, “Office declaring its promotion of the proper employment of foreigners”, complete with The Staring Eyes of Big Brother that probe all souls for criminal intent, sorta thing.  Like this one, snapped in Tamagawa last September:

TheEyeNPAstarephoto
(which says, “We won’t overlook crime!  If you see anyone suspicious, call the cops!”)

JF comments:  “I sort of see what they are trying to say with it, but I still think this sticker is bad style and puts all of us in a bad light. Suggesting yet again that many foreigners work illegally, while the actual percentage is probably tiny.”

It is, the number of so-called “illegal foreigners” long since peaking in 1993 and continuing to drop, despite police propaganda notices claiming the contrary (see for example here and here).

JF did a bit more searching about the origin of the stickers, and discovered a downloadable manual directed at employers about how to hire foreign workers legally:
http://www.seisyounen-chian.metro.tokyo.jp/chian/gaikokujin/24manual.pdf

Here’s the cover:

gaikokujinhiringmanualcover

Entitled “Gaikokujin Roudousha Koyou Manyuaru” (Hiring Manual for Foreign Workers), you can download it from Debito.org at http://www.debito.org/TokyotoGaikokujinHiringManual2013.pdf.

It opens reasonably well, with the first sentence in the preface (page 1) stating that illegal overstaying foreign workers aren’t just a cause of the worsening of public safety (yes, that old chestnut again), but they also have human rights, and influence the economic competitiveness of Japan.  It talks about the five-year goal of halving the number of illegal overstayers starting from 2003, and how that did indeed succeed, but there are still about 70,000 illegal foreigners still extant, with about 70% of them entering the country with the goal of working illegally (I don’t know how they determined that without installing a “mental goal detector” at the airport, but anyway…).  It also talks about the change in policy sloganing away from “strengthening policy against illegal foreign labor” in 2003 to the promotion of “proper employment of foreign workers” in 2009 and 2010; okay, that’s a bit better.

The manual defines “illegal labor” on page 3, and the new immigration procedures of 2012 on page 2 — with very clear outlines of what employers should check to make sure everything is legal (the Zairyuu Kaado (ZRK), the replacement for the old Gaitousho), and what criminal fines and penalties might happen if they don’t.  Page 4 describes what is on the ZRK, who gets it and who doesn’t, and what types of visas in particular should be checked for work status.  Page 5 tells the employer how to read official documents and stamps, and page 6 elaborates on how to spot forgeries.  There’s even a GOJ website the employer can use to verify details on said NJ employee, with a surprising amount of technical detail on how the ZRK is coded (see here and here) discussed on page 7.  The manual continues on in that vein for a couple more pages, essentially telling the employer how to read a ZRK (or old remaining Gaitousho) and visa stamps like an Immigration official.  Pages 12 and 13 talk about visa regimes and what times of work fall into each, and 14-15 offer more warnings to employers about not following the rules.  The book concludes with how to treat longer-term NJ, and offers contact numbers for questions.

COMMENT:  I welcome more thoughtful comments from other Debito.org Readers, but I think this manual (overlooking the “Staring Big Brother” stickers; albeit that may just be a cultural conceit of mine) is a good thing.  For one reason, it’s inevitable:  Employers have to be told the rules clearly and the punishments for not following them (as opposed to the NJ alone getting punished for overstaying, with little to no penalty for the employer — who often wants or forces NJ to overstay in order to put them in a weaker wage bargaining position); let’s hope employer punishments are “properly” enforced in future.  For another, the illustrations are less racialized than usual, to the point where it is unclear who is “Japanese” and who is “foreign” on page 16.  Good.  Definitely progress, compared to this.

My only misgiving is that this feels like a training manual for how to operate a complicated piece of consumer electronics, and for that reason is dehumanizing.  It also might deter people from hiring NJ if things are this potentially mendoukusai.   That said, I’m not sure in what other way that information could have been transmitted; links to better-executed foreign employment manuals for other countries welcome in the Comment Section.  What do others think?  Arudou Debito

Japan Times JUST BE CAUSE Col 65, “Police ‘foreign crime wave’ falsehoods fuel racism”, July 8, 2013

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justbecauseicon.jpg

Police ‘foreign crime wave’ falsehoods fuel racism
BY ARUDOU Debito
The Japan Times JUST BE CAUSE JUL 8, 2013
Courtesy http://www.japantimes.co.jp/community/2013/07/08/issues/police-foreign-crime-wave-falsehoods-fuel-racism/ Version with links to sources.

These Community pages have reported many times on how the National Police Agency (NPA) has manufactured the illusion of a “foreign crime wave,” depicting non-Japanese (NJ) as a threat to Japan’s public safety (see “Upping the fear factor,” Zeit Gist, Feb. 20, 2007; “Time to come clean on foreign crime,” ZG, Oct. 7, 2003; “Foreigner crime stats cover up a real cop-out,” ZG, Oct. 4, 2002, for just a few examples).

A decade ago, the NPA could make a stronger case because NJ crimes were going up. However, as we pointed out then, Japanese crimes were going up too. And, in terms of absolute numbers and proportion of population, NJ crimes were miniscule.

Then bust followed boom. According to the NPA (see www.npa.go.jp/sosikihanzai/kokusaisousa/kokusai/H23_rainichi.pdf, or the images accompanying this article), “foreign crime” has fallen below 1993 levels (see H5 column, representing the year Heisei 5)!

NPAprelimcrimestats2011barchart

That’s why the NPA has found it increasingly difficult to maintain its claims of a foreign crime wave. So, to keep up appearances, the agency has resorted to statistical jiggery-pokery.

For example, look again at the NPA chart. The time frame has been expanded to 30 years; in previous annual reports, it covered just a decade. By stretching the parameters, the overall chart depicts a comparative rise rather than a small peak before a precipitous drop.

Not accounted for, however, is the fact that the NJ population has also risen — more than doubling since 1993.

Another method of manipulation has been to focus on partial rises in certain types of NJ crime, despite the overall fall. And I bet you can guess which got more media attention.

The most creative NPA rejig is arguing that NJ crime has been “stopped at a high plateau” (takadomari no jōtai) — even if that “plateau” is downward-sloping.

Every NPA argument leads to the same predictable conclusion: Further crackdowns on “foreign crime” are necessary, because NJ are importing criminality into a once-peaceful Japan.

Sources:
http://www.debito.org/japantimes082807.html
http://www.debito.org/?p=1372
http://www.debito.org/?p=7781

Yet neither the NPA, nor the Japanese media parroting their semiannual reports, have ever compared Japanese and NJ crime, or put them on the same chart for a sense of scale. If they had, they would see something resembling the 3-D graph that accompanies this column (courtesy of Japan Times).

crimeJandNJJapanTimesJuly2013

The other chart in Japanese (that can be found at hakusyo1.moj.go.jp/jp/59/nfm/n_59_2_1_1_1_0.html and in the accompanying images) — on whose data the 3-D graphic is based — breaks down all crime committed in “peaceful” postwar Japan. Note the (less-reported) concurrent “Japanese crime wave” (especially the middle, yellow set of bars, which depict thefts alone).

NPAJcrimestats19462007

Since the right-hand scale is in tens of thousands, the graph tells us that there was a spike to well over 2.5 million non-traffic crimes in the peak year of 2002, a number that dropped to just over 1.5 million by 2009. Compared to 2009′s total “foreign crimes” of 30,569 (including visa violations, which Japanese cannot by definition commit), there is a difference of about a factor of 49. Thus “foreign crime” would barely even register on the chart.

So how can the NPA still sex up the stats? They found a new way.

In its 2009 white paper, the NPA talked about how “foreign crime gangs” are increasingly moving into Japan and creating “crime infrastructure” (hanzai infura).

It’s still such an obscure term that NPA websites have to define it for the public as “things and organizations that are the basic foundation of crime,” i.e., cellphones under fake names, fake websites, false marriages, false adoptions and fake IDs (see www.police.pref.kanagawa.jp/images/h0/h0001_04.gif)
hanzaiinfrakanagawakenkeisatsuJune2013

Although this “crime infrastructure” technically assists thieves of any nationality, the NPA’s online explanations focus on non-Japanese, with five out of eight examples offered specifically depicting NJ misdeeds (complete, of course, with racist caricatures, at www.pref.ibaraki.jp/kenkei/a01_safety/security/infra.html)
hanzaiinfuraibarakijune2013

You see this “criminal NJ” narrative again and again on NPA posters, such at the one reproduced here (www.debito.org/wordpress/wp-content/uploads/2013/06/bouhaninfurabokumetsutaisakuJune2013.jpg), found at an immigration bureau last March, warning potential NJ miscreants against “forgery,” “bogus marriage,” “false affiliation” (i.e., claiming paternity on a foreign child to get it Japanese citizenship) and “false adoption.”
bouhaninfurabokumetsutaisakuJune2013

Note at the bottom, where the NPA has secured a special goro awase mnemonic phone number (hanzai infura nakuse — “get rid of crime infrastructure”) to help Japanese remember it better.

Clearly this “crime infra” campaign is not bowing out anytime soon. In fact, the NPA is now citing it to discount the drop in foreign crime! As their 2010 white paper reports, “the extent of how much crime has become globalized cannot be grasped through statistics” (Kyodo News and Mainichi Shimbun, July 23, 2010).

Seriously? So, suddenly, despite all the Nihonjinron mythologies, NJ are now supposedly more likely than Japanese to act in groups?

Swallow this, as well as the argument that foreigners are somehow more “invisible” in Japan (of all places), and voila, the only conclusion you can possibly draw is that all “foreign crime” statistics come from a little black box that only the NPA has access to.

Look, this is getting silly. You can’t ask for a more docile foreign population than Japan’s.

Almost all NJ do their work (no matter how unequal salaries and benefits are compared to those of Japanese), pay their taxes and try to get along without committing any crimes. NJ don’t even cause trouble by clumping into huge ghettos or keeping a high profile (a recent government poll indicated that 46 percent of Japanese surveyed didn’t even know nikkei South Americans are living in Japan!). Nor do they riot every now and again about how horrendously they get exploited; they just hang on by their fingernails hoping for a fair shake in society — one that rarely comes, as protection from discrimination is far from guaranteed by enforceable laws.

That should be enough hardship to contend with, but then in pounces the NPA to make things worse, picking on the weakest members of Japanese society (as it has done for decades, according to scholar Wolfgang Herbert’s “Foreign Workers and Law Enforcement in Japan”) to justify bogus budgets for fighting exaggerated NJ crime.

Of course, foreigners are a soft target anywhere (by definition, they do not have rights equal to citizens in any country), but in Japan they are so disenfranchised that if anyone points a finger at them, there is no way for them to point back.

NPA excesses have gone on long enough to encourage other bullies. We’ve seen a recent spike in the activity of Japan’s hate groups, most famously the “kill all Koreans” march through Tokyo on Feb. 9. Now how about these anonymous posters making the rounds?
gizokekkonjune2013gaikokujinhanzaitsuihouJune2013

One (reproduced in the images accompanying this column) warns of the allegedly “rapid rise” in fake international marriages for illegal overstayers and workers. Another one calls for kicking out foreign crime (murder, mugging, arson, rape and theft, totaling 25,730 cases — again, a drop in the bucket of Japanese crime).

So, the threat to public safety isn’t “crime infrastructure”; it is in fact the “propaganda infrastructure,” reinforced by false NPA arguments, that normalizes public displays of xenophobia and hatred in Japan.

One measure of a society is how it treats its weakest members. Japan’s systemic and unchecked bullying of NJ is going to hurt others, as emboldened haters eventually turn their attention to other weak social minorities.

Message to government: Rein in the NPA, and stop them constantly bashing Japan’s foreign residents. Expose their statistical hogwash for what it is, and redirect budgets to fight crime in general, not “foreign crime” specifically.
=========================

Debito Arudou’s updated “Guidebook for Relocation and Assimilation into Japan” is now available as a downloadable e-book on Amazon. See www.debito.org/handbook.html . Twitter @arudoudebito. Just Be Cause appears on the first Community pages of the month. Send comments and story ideas to community@japantimes.co.jp .
ENDS

NPA “Crime Infrastructure Countermeasures” campaign also targets “foreign crime” anew. Justifies more anonymous anti-NJ signs

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Hi Blog.  Last blog entry we talked about how the National Police Agency exaggerates and falsifies data to whip up media panic about “foreign crime”.  We’ve also talked for many years on Debito.org about how the NPA has been putting out racist public notices about NJ criminals (including, in my opinion, assisting the seedier J-media to publish some examples of hate speech).  Well, anonymous postermakers are now getting into the act, what with the NPA’s most recent anti-crime campaign:

First, check these out (courtesy of Welp):

gizokekkonjune2013gaikokujinhanzaitsuihouJune2013

http://image.blog.livedoor.jp/kankyotoshisetsu/imgs/c/9/c9eaf02e-s.jpg
http://image.blog.livedoor.jp/kankyotoshisetsu/imgs/3/1/318b27b8-s.jpg

The poster at right calls upon Tokyo Immigration Bureau to do something about fake international marriages, claiming they’re “rising rapidly” (kyuuzouchuu), and says (with the obligatory plural exclamation points that are characteristic of the alarmist far-right) that we cannot permit illegal foreign labor or overstayers!!

The poster at left calls for the “expulsion of foreign crime” (!!), with murder, mugging, arson, rape, and theft listed at 25,730 cases! (Again, no comparison with Japanese crime, which is far, far higher — especially if you look at theft.) The bottom boxes are not to me fully legible, but the blue one asks the authorities not to give up in the face of fake applications for visas, Permanent Residency, and naturalizations!

(I would love to get larger copies of these posters. If anyone sees them on the street (take a photo!) or finds them online with greater resolution, please send to debito@debito.org.  Thanks.)

COMMENT:  Neither of these posters has a source or an organization listed on them, so anonymous vigilante hate groups are getting into the act. I find the first poster in particular unsettling, where brides are portrayed as merely cowls of flags.  You can’t trust NJ women, because under their pretty faces are lurking nationalisms that are not part of “us”.

Back to something more professional.  Again, from Welp:

sonokouihanzaijune2013

Courtesy http://www.police.pref.kanagawa.jp/images/h0/h0001_03.gif

This is from the Kanagawa Prefectural Police site (a proud sponsor of the door-to-door neighborhood resident checks and forked-tongue friendly cops who produce racist posters). It warns people in four languages that what they’re doing is criminal activity, including forgery, “bogus marriage” (wow, the language level is getting better), “false affiliation” (gizou ninchi, meaning a J male falsely acknowledges paternity of an NJ child to get that child Japanese citizenship), and false adoption (I hope this won’t now target Japan’s Douseiaisha).  Although not mentioning NJ in specific, the poster’s multilinguality means it’s meant for an international audience (Japanese, Chinese, Korean, English, and I think either Tagalog or Bahasa Indonesia).

(Again, I would love a larger graphic so we could read it all:  Eyes peeled, Debito.org denizens of Kanagawa!)

COMMENT:  The interesting bit is in the bottom green section, where it talks about the Hanzai Infura [illegible] Taisaku (Crime Infrastructure Countermeasures).

What’s meant by “crime infura”?  It’s a new enough concept to warrant an explanation from the Kanagawa Prefectural Police Site:

hanzaiinfrakanagawakenkeisatsuJune2013

Courtesy http://www.police.pref.kanagawa.jp/images/h0/h0001_04.gif

“Infrastructure” is the things and organizations that are the basic foundation of a society, meaning roads, rails, plumbing, etc.

By “Crime Infrastructure”, this is meant to be the the same thing to undergird crime, such as cellphones under false names, fake websites, false marriages, false adoptions, and false IDs.

The Ibaraki Prefectural Police have a more elaborate explanation, with helpful illustrations of eight cases.  Three talk about the shyster groups and internet sites who offer drugs, fake subscriptions, loans and financing schemes, etc. But five of the eight talk about NJ criminal activity, including money laundering through “illegal overstayers”, employers of the same, underground hospitals that engage in illegal medical activities and drug dispensing (!!), underground taxis, false IDs, and false paternity scams to get Japanese citizenship.  As I said, complete with helpful illustrations (note the absence of hakujin, so the illustrator has to play with noses to gaijinize them properly):

hanzaiinfuraibarakijune2013

Courtesy http://www.pref.ibaraki.jp/kenkei/a01_safety/security/infra.html

In fact, this “foreign crime infrastructure” meme is not new.  The first Debito.org heard about it was in 2009, when the NPA circulated its regular crime reports:  NJ crime was down year on year, so they had to find a way to sex up the numbers.

Hey presto!  Shift the focus from about foreign criminals as INDIVIDUALS, and towards foreign crime in GROUPS:   Then we can talk about NJ crooks targeting Japan and spreading their invisible tentacles nationwide. (Never mind the already well-established tentacles of organized crime in Japan, naturally — as Tokyo Governor Ishihara said, NJ crimes are so heinous in comparison that there are some parts of Japan where allegedly Japanese yakuza fear to tread! (Ishihara, Nihon Yo, 2002: 100))  To raise the fear factor further, we’ll even tell the media that Gaijin groupism means the NPA can’t measure foreign crime statistically!  

By 2010, this is exactly what happened.  And as of 2013, the NPA is now trying to popularize a new concept (since NJ crime still isn’t cooperating by going up anymore) of a “crime infrastructure”, as if it’s now embedded and endemic, invisible and unmeasurable — because it’s connected to NJ.  It’s part of the externality of once-peaceful Japan’s contact with the outside world and internationalization.

This new campaign conveniently occasions those posters made by anonymous vigilantes. Now we have a propaganda infrastructure that normalizes public displays of xenophobia in Japan.  Arudou Debito

KAJ and Debito.org on foreign crime and racial profiling in Japan: statistical hocus-pocus

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Hi Blog.  Sorry for the longish absence. I’ve been working on a big writing project, and I’m happy to say I got it ready on time and under budget.

A few days ago KAJ, the editor of MRbloggen, a Norwegian human rights blog, sent me a very insightful article on racial profiling and foreign crime reportage in Japan.  Let me excerpt:

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Racial Profiling in Japan: Why do Japanese Fear Foreign Crimes?

<Posted by Kiki A. Japutra, Editor/Redaktør>

On 26 May 2013, a large mass demonstration demanding the eradication of foreign crimes and the expulsion of illegal immigrants was commenced in Tokyo. The demonstration ran for approximately two hours (between 11:00 – 13:00) starting from Shinjuku Park. In a statement calling for participation of the Japanese public, it was noted that “this demonstration is not a demonstration against foreign crime specific. It is a demonstration for the expulsion of all bad foreigners” [translated]. The procession of the demonstration can be viewed here. This is not the first time such mass distress against foreign crimes occured. So the question that should be asked is, is foreign crimes really a problem in Japan? What may have caused Japanese to fear foreign criminals?

Japan has been known for its media frenzy that focuses on the rising number of crimes committed by foreigners coming into the country. Some have argued that the phenomenon occurred due to the fact that the number of crimes committed by foreigners have been disproportionately higher than those committed by Japanese nationals. This has resulted in the stereotyping, criminalisation of certain nationalities, and countless acts of discrimination against non-Japanese nationals.

Photo: Lee Chapman (Tokyo Times)

The increase of crime reporting in the news media is argued to be one reason for the growth of public anxiety and the fear of crime, and the Japanese media plays a central role in creating the image of a “sick society”. Japan Today, for example, writes that:

[b]efore 1989, foreigners tended to be convicted at the rate of about 100 per year. But from the 1990s, the figure showed a marked rise and from 1997 onwards, posting consecutive year-on increases. By 2003, Japanese prisons held some 1,600 foreign inmates, making up roughly 5% of the total prison population. […] In 2010, foreigners were said to account for 3,786, or 4.4% of the total prison population. New arrivals that year included 195 Chinese nationals, followed in descending order (figures not shown) by Brazilians, Iranians, Koreans (both north and south) and Vietnamese.

Such a report in the news media is not uncommon in Japan. Some have argued that how the public reacts towards an incident is entirely shaped by their perspective and attitude towards a certain issue. In the case of Japan, the discrimination, and later criminalisation, of non-japanese nationals are influenced by the image incubated by the Japanese media about how foreigners are the cause of the constant raising of crime in Japan, and that certain nationalities are responsible for certain types of crimes. Such stereotyping of crime is also known as racial profiling.

How can we explain the hostility of the Japanese media towards foreign crime and foreigners in general? Mary Gibson explains in her book Born to Crime (2002) that “[a] succession of ‘Moral Panics’ offered opportunities for interest groups to shape criminal justice policy”. Citizens are more likely to support government’s means of social control (including laws and policies) if and when the government successfully soothes public’s anxieties and insecurities about crime. In other words, media acts as a tool to build public’s confidence in and support to the government.

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The rest of the article is at http://mrbloggen.com/2013/06/11/racial-profiling-in-japan-why-do-japanese-fear-foreign-crimes/, so have a look.

I have incorporated this information into my writing.  Have a read.  Arudou Debito

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Differentiated crime statistics in Japan for Kokumin and “Foreigners”

The NPA’s annual White Papers on crime illustrate how crime reportage in Japan is differentiated into “kokumin versus gaikokujin”, with no comparison between them in scope or scale:

NPAJcrime19462011

(Figure 1:  NPA kokumin crime statistics, 1946-2011, courtesy Ministry of Justice at http://hakusyo1.moj.go.jp/jp/59/nfm/mokuji.html (accessed June 11, 2013). The left axis is the rate of incidents of crime, the right axis the number of people involved in cleared crimes. The top layer of blue vertical bars are all cleared cases of penal crimes including fatal or injurious traffic accidents. The center layer of yellow vertical bars are cleared cases of penal crimes including theft. The bottom layer of purple vertical bars are regular violations of the penal code excluding theft or traffic accidents. The top red line is the rate of all penal code violation incidents including traffic incidents. The second blue line is the rate of regular penal code violation incidents not including traffic incidents. The three bottom dotted lines are, from top layer bottom, numbers of perpetrators for all penal code violations (red), numbers of perpetrators for penal code violations not including traffic accidents (blue), and numbers of perpetrators for penal code violations not including traffic or theft.)

NPANJcrime19802009

(Figure 2:  NPA statistics for crimes by foreign nationals, 1980-2009, English original, courtesy Ministry of Justice at http://hakusyo1.moj.go.jp/en/59/nfm/n_59_2_3_1_2_1.html#fig_3_1_2_1 (accessed June 11, 2013). The terminology, according to the MOJ (http://hakusyo1.moj.go.jp/jp/59/nfm/n_59_1_2_0_0_0.html): “Visiting foreign nationals” is a direct translation of rainichi gaikokujin, and refers to foreigners who are not “Other Foreign Nationals” (sono ta no gaikokujin) Permanent Residents, Zainichis, or American military on bases in Japan. After comparison with NPA charts below (cf. Figure 3), this chart does not include visa violations.)

Note the difference in scale. Comparing a base year of 2009 (H.21), there were a total of 30,569 total cleared cases of crime committed by all foreign nationals (blue plus red bars). For kokumin, corresponding thefts and regular penal offenses not including traffic violations (purple bar, on a scale of 万件) total to over 1.5 million cases, or a difference of about a factor of 49. If put on the same chart with the same scale, foreign crime numbers would thus be practically invisible compared to kokumin crime numbers.  However, the NPA has chosen to avoid this comparison, focusing instead on the rise and fall – mostly the purported rise – of foreign crime.

The effects and externalities of propagandizing “foreign crime”

Herbert (1995: 196-228) traces the arc of NPA White Papers after they introduced a new term into Japanese crime reportage from 1987: rainichi gaikokujin (“visiting foreign nationals”) indicating a new breed of “foreignness” in Japan (separate from Zainichi, American military and dependents within US bases in Japan, etc.) as a byproduct of Japan’s “internationalization” and foreign labor influx. Herbert notes that the tone, particularly in the NPA’s 1990 White Paper special on “rapid increase in foreign workers and the reaction of the police”, “functions to suggest that ‘illegal’ migrant laborers were involved” (197). This led to a “prompt media echo” and a “moral panic” (Gibson 2002) of a purported foreign crime wave that, in Herbert’s assessment, was “rash and thoughtless” (ibid). In a thorough recounting and analysis of media reaction, Herbert concludes that police reportage and media reaction successfully aroused suspicion and criminalization of non-citizens, where Japan as a nation was portrayed as “defenseless against international crime” (198). This also set a template for future NPA campaigns against “foreign crime” that would manipulate statistics, incur periodic moral panics in the media, and justify budgetary outlay for bureaucratic line-item projects (Herbert: 179).

By the 2000s, the NPA had normalized statistical manipulation to create perpetual “foreign crime rises”. As only a few examples: On May 1, 2000, the Sankei Shinbun cribbed from the NPA’s April periodic foreign crime report a front-page headline: “Foreign Crime Rises Again, Six-Fold in Ten Years;”[1] the small print was that this rise was in only one sector of crime, which had a comparatively small numbers of cases compared to cases committed by citizens. The NPA announced in their September 2002 periodic foreign crime report that the number of crimes committed by foreigners on temporary visas had jumped by 25.8% on the previous year, and serious crimes like murder, robbery, and arson likewise were up 18.2%. Despite rises in crime numbers committed by kokumin in the same time period (see chart above, H.10), the mass media headlined not only that foreign crime had increased, but also that foreigners are three times more likely than Japanese to commit crimes in groups.[2] Regarding latent foreign criminality, the NPA made the following argument within a 2010 news article: “The number of foreigners rounded up last year on suspicion of being involved in criminal activities was about 13,200, down roughly 40% from 2004 when the number peaked. ‘The extent of how much crime has become globalized cannot be grasped through statistics,’ the [NPA White Paper of 2010] says, attributing part of the reason to difficulties in solving crimes committed by foreigners—which are more likely to be carried out by multiple culprits than those committed by Japanese.”[3] In other words, even if “foreign crime” numbers are smaller than “Japanese crime” numbers, the NPA claims there must be a statistical understatement, because the latent “groupism” of “foreign crime” causes discrepancies when compared to “Japanese crime” (countering the stereotypical meme seen in Nihonjinron etc. of “Japanese groupism”).

Moreover, as seen in police notices, the NPA was claiming “rapid rises” (kyūzō) in foreign crime when foreign crime rates and numbers were concurrently decreasing. Even after “foreign crime” numbers eventually dropped below any reasonable NPA excuse of statistical discrepancies or pinpoint rises in types of crime, the NPA widened the scope of its sample to make it appear as though non-citizen crime had still risen. Compare the scale of its 2001 statistics (issued April 1, 2002) when non-citizen crime had plateaued, with 2012’s (Figures 3 and 4), when it had significantly dropped:

crimestats2001

(Figure 3: Crime statistics for “foreign crime” 1991-2001, chart from April 2002’s NPA semiannual report on “foreign crime.” The black portion of the bar chart is numbers of visa violations, the grey portion numbers of criminal violations, and the black line the total number of non-citizen perpetrators. Courtesy Arudou Debito, JAPANESE ONLY (2006).)

NPAprelimcrimestats2011barchart

(Figure 4: Crime statistics for “foreign crime” 1982-2011, chart from April 2012’s NPA semiannual report on “foreign crime”. The blue portion of the bar chart is numbers of visa violations, the yellow portion numbers of criminal violations, and the red line the total number of non-citizen perpetrators. Courtesy www.npa.go.jp/sosikihanzai/kokusaisousa/kokusai/H23_rainichi.pdf.)

2011’s numbers have dropped below 1993’s numbers. So from 2007’s semiannual crime report the NPA shifted the scale back behind 1993 to show a rise compared to the past (similar to how Sankei Shinbun above depicted a six-fold rise in 2000, by comparing numbers to a decade earlier). There is no deflator to account for the fact that the non-citizen population was before 1990 less than half that of 2011.


[1]Gaikokujin hanzai futatabi zōka: 10 nen de 6 bai ni.” [Foreign crime goes up again: Six-fold in ten years] Sankei Shinbun, May 1, 2000.

[2] See inter alia Arudou Debito, “Generating the foreigner crime wave.” Japan Times October 4, 2002; Arudou Debito, “Time to Come Clean on Foreign Crime: Rising crime rate is a problem for Japan, but pinning blame on foreigners not the solution.” Japan Times October 7, 2003.

[3] “NPA says foreign crime groups increasingly targeting Japan.” Kyodo News, July 23, 2010.

ENDS

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UPDATE JUNE 24, 2013:

Debito.org Reader DR sends us a link from the Shizuoka Prefectural Police website, where the url is, indicatively, entitled “gaijin hanzai”.  In this screen capture we see this cute little chart:

shizuokagaijinhanzaistatsjune2013

Not only is the chart hard to read (the undifferentiated bars are numbers of Gaijin committing crime, but you have to look at the bottom numbers to figure out that the green bar is visa violations (which Japanese cannot commit), and the light blue bar is for non-visa-related crimes.  Same with the yellow and red lines respectively for number of Gaijin crimes committed.  Note how since 2004 the number of NJ committing any kind of crime is on a downward trend, as are visa violations.  

But what gets rendered in red?  The jagged line to show rises.  Gotta keep that Gaijin scare on.

Shizuoka Kenkei, remember, is the organization that provided the general public with that racist prevention of Gaijin Crime manual back in 2000.