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!

mytest

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

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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

mytest

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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

mytest

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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”

mytest

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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

mytest

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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

mytest

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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)

mytest

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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

mytest

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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”

mytest

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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

mytest

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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

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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

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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)

mytest

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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

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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”

mytest

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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:

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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
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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

mytest

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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

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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)

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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

mytest

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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)

mytest

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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

mytest

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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!

mytest

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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

mytest

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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

mytest

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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

mytest

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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:

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

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.

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

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

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

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

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

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.

Asahi on arrest of Zaitokukai participant in anti-Korean demo; J-Cast on anti-Korean stuff being sold at Dietmember kaikan; Osaka sign saying “Stop Scrawling Discriminatory Graffiti”

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Hi Blog.  We have some positive movements regarding the treatment of hate speech in Japan, particularly regarding that “Kill all Koreans” hate demo that took place last February (god bless the ensuing gaiatsu of international attention for making the GOJ finally take some action to deal with this deservedly embarrassing incident).  First, the Asahi reports that one of the participants in the Zaitokukai hate demo named Akai Hiroshi was arrested by the police, for violent bodily contact with a person protesting Zaitokukai activities.

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

新大久保の反韓デモ、初の逮捕 対立グループに暴行容疑
朝日新聞 2013年5月20日, courtesy of MS
http://www.asahi.com/national/update/0520/TKY201305200108.html

在日韓国・朝鮮人を非難する東京・新大久保でのデモで対立するグループの男性に体当たりしたとして、警視庁は、自称・埼玉県熊谷市拾六間、無職赤井洋容疑者(47)を暴行の疑いで逮捕し、20日発表した。「つまずいて相手にぶつかっただけだ」と容疑を否認しているという。新大久保でのデモで逮捕者が出たのは初めて。

新宿署によると、赤井容疑者は19日午後6時40分ごろ、東京都新宿区の路上で、会社員男性(51)の胸などに体当たりした疑いがある。

赤井容疑者は「在日特権を許さない市民の会」のメンバーらとともにデモに参加。被害男性は、デモをやめるよう抗議する集団に加わっていた。両集団はそれぞれ約200人規模で、警視庁機動隊を挟み、緊迫した状況だったという。

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

Japan Times reports from Kyodo:

==============================
NATIONAL
Man held during anti-Korean rally
KYODO MAY 22, 2013

http://www.japantimes.co.jp/news/2013/05/22/national/man-held-during-anti-korean-rally

Police have arrested a 47-year-old man who took part in a regularly held anti-Korean demonstration in Shinjuku Ward, Tokyo, for allegedly assaulting another man protesting the rally.

The man arrested Monday identified himself as Hiroshi Akai, an unemployed former Self-Defense Force member from Kumagaya, Saitama Prefecture. Akai said he had “accidentally bumped into” the other man, according to the Metropolitan Police Department.

Police allege Akai hurled himself at the 51-year-old company employee Sunday evening after the protest in Shinjuku. He was held by riot police who were guarding the demonstration.

Rightwing groups, including one claiming to be “citizens who do not condone privileges given to Koreans in Japan,” have been staging demonstrations several times a month in Shinjuku and nearby Shin-Okubo, home to a large ethnic Korean population.
==============================

Okay, good start, and glad that there are protests regarding the hateful, xenophobic protesters (usually their activities get ignored even if they involve violence against counter-demonstrators).  Except for the fact that this sort of hate speech has by now reached the highest and lowest levels of society, as in anti-Korean stickers being sold in Diet buildings, and anti-Korean graffiti being scrawled on public transportation:

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

韓国人差別ステッカーを議員会館で販売 自民議員側は関係否定して困惑顔
2013/5/14 J-Cast News, courtesy of MS
http://www.j-cast.com/2013/05/14175063.html

「チョンキール」と書かれた韓国人差別のステッカーが衆院議員会館で売られていた――。朝日新聞記者がこうツイートし、ネット上でステッカー販売に批判が相次いでいる。市民団体の会議室利用に協力した自民党議員側は、販売との関係を否定しており、困惑している様子だ。
ステッカーには、ゴキブリのような絵とともに、「ヨクキク 強力除鮮液」「チョンキール」と字が入っていた。朝日新聞社会部の石橋英昭記者が、2013年5月13日のツイートで、会議室でこんなものなどが売られていたと写真付きで紹介している。「日韓断交」というステッカーなども写っている。
朝日新聞記者のツイートがきっかけ
jcast051413
ツイートが物議
この日の会議室は、沖縄復帰をめぐる学習会に使われており、石橋記者は、自民党の西銘(にしめ)恒三郎衆院議員が主催者で、日本維新の会の西村眞悟衆院議員が講演していたと書いた。ただ、続くツイートでは、「国会議員が窓口になって議員会館で学習会を開いた民間団体の関係者が、販売していたということです。議員は直接には関わってないと思います」と補足している。
しかし、ツイートは波紋を呼び、ネット上では、「主催議員は責任をとらなければならない」「知らなかったでは済まされないぞ」などと批判が相次いだ。小説家の深町秋生さんも、「首相のヘイトスピーチ批判とはなんだったんだろう」とツイッターで疑問を呈すほどだった。
これに対し、学習会実行委員会の中心メンバーで市民団体の沖縄対策本部では、「この写真は昨日の学習会とも主催者とも関係ありません」とツイッターなどで弁明を始めた。石橋記者もこのことをツイッターで紹介し、「主催者と無関係な人が会議室に入り、台を設け販売していたとのことのようです」と前言を変えた。
沖縄対策本部代表の仲村覚さんは、フェイスブックでさらに事情を説明している。それによると、ボランティアを依頼した人の友人が、一緒に参加して勝手に展示したものだという。西銘・西村両議員側には、報告とお詫びをしたとしている。
「記者は事実関係確認してほしかった」
とはいえ、西銘恒三郎議員が、差別ステッカーなどの展示・販売について知っていたことはないのか。
沖縄対策本部代表の仲村覚さんは、取材に対し、そのことを否定し、展示の経緯について説明した。それによると、ボランティアをしていた人の友人は、前日の別の集会にも来ており、そこでステッカーなどを販売していた。友人は、学習会でボランティアをするので、そこでも販売させてほしいと仲村さんに申し出たが、仲村さんは、会議室での物品販売はできないと説明を受けているとして申し出を拒否した。
ところが、この友人は当日、会議室のテーブルでステッカーなどを勝手に展示し始めた。これを仲村さんの仲間が見つけ、展示を止めさせたそうだ。ステッカーの販売までしたとは、聞いていないという。
ステッカーなどは、日韓断交共闘委員会という市民団体がサイト上で売っていたが、仲村さんは、この団体のことは知らないとした。販売の意図もナゾのままで、「今後は身元チェックを厳しくするなど、注意していきます」と言っている。
学習会の主催は、形式的に西銘議員になっているが、実際は実行委がしていたという。西銘議員は、企画・運営にはタッチしておらず、学習会にも来ていないとした。
西銘議員の事務所では、取材に対し、スタッフがこう説明した。
「同じ沖縄の人が祖国復帰の勉強会をしたいので会議室利用の窓口になってほしいと依頼があり、こちらで借りられるようにお手伝いはしました。しかし、実行委員会からステッカーのことについて報告などがあり、どういうことなのかとびっくりしています。差別的な思想自体が困りますし、とても残念なことだと思っています。朝日新聞の方も、ツイッターで発言する前に、事実関係を確認してほしかったですね」
ENDS
==============================

The good news, however, is that we’re hearing about these events at all (discrimination often goes ignored in the J-media if its against NJ). Also good news is that the authorities are taking measures against them, as seen in this sign sent to me yesterday by AP:

antirakugakisignmay2013

(Taken in Sekime-Seiiku Station in the Osaka area, May 20, 2013.)

The sign reads: A bright society where people respect each others’ human rights.  Let’s stop scrawling discriminatory GRAFFITI that will hurt people’s hearts.  If you notice any discriminatory graffiti, let us know (addendum:  let a station attendant know).  Signed, Osaka City Citizens’ Bureau.  

Submitter AP writes:  “I talked to the 駅長 as well. I said I don’t know what lead to posting that message, but as a foreigner in Japan I sometimes face 差別 and understand why this kind of thing is important to address, and thanked him. He seemed appreciative as well.”

Good.  Then maybe people are realizing that this sort of thing affects everyone in society, not just some guest foreigners whose lives and feelings have no connection with ours.  These are positive developments.  Arudou Debito

Aichi Police online announcement about Junkai Renraku door-to-door cop visits. Happening in your neighborhood?

mytest

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Hello Blog. This post comes to you as a query. Are any Debito.org Readers noticing that the Japanese police are keeping closer tabs on people by going door-to-door to survey occupants (junkai renraku), asking them to fill out Junkai Renraku Cards?

(To see what information is required for the Junkai Renraku, especially for NJ residents, here’s one translated into English by the NPA).

We’ve talked about this before on Debito.org, where we have seen the police doing door-to-door surveys of residents, with a special emphasis on how that involves Gaijin Carding for people living in Gaijin Houses.  Some people have said that this has never happened to them (for example, it never happened to me despite living in various places in Hokkaido over the course of 25 years), others it has (they think it’s cop SOP).

But the interesting thing is that at a prefectural level, Aichi, for example, is making public announcements to their residents that they will be making the rounds to households (katei).  (If this was all that normal a SOP, why the need for a public service announcement?)  This will be in order to:

  • Give advice on how not to become victims of crime,
  • Take measures for people who have been victims of crime,
  • Contact neighborhoods that have recently been victims of crime (such as sneak thievery and car break-ins) and advise them how to take measures against crime in the future,
  • Prevent youth crime (shounen no hankou boushi),
  • Have lists of occupants (renraku hyou) on hand and phone numbers in case of disasters,

and more. See http://www.pref.aichi.jp/police/safety/houmon/

We are seeing these PSAs in other prefectures, such as Kanagawa (http://www.police.pref.kanagawa.jp/mes/mesg1001.htm), and door to door checks apparently elsewhere.

A couple of funny things going on here. First, information about neighborhood occupancy should be available through the juuminhyou system in the first place.  Much of this information is also surveyed by the National Census (kokusei chousa), where, I might add, providing any information is optional (note how the optionality of providing personal information is not mentioned in the Aichi Police website). Why do the police feel the need to compile their own data set?

Well, because police are control freaks, and given the degree of power the Japanese police have in Japan, privacy issues are of less importance than maintaining order.  And you just know that if they catch a NJ at his or her home, there’s going to be much more intrusive questioning than just phone numbers and occupants — they will demand to see your Gaijin Card and ascertain that your visa is current, all on your front doorstep.  Have a nice day.  It’s not just on the street at random anymore, meaning they’ll intrude upon where you live.  Moreover I doubt that for NJ targeted, answering questions will be optional (plead the Fifth (mokuhiken) and arouse suspicion — something that leads to more thorough investigations downtown).

Of course, the Aichi Police offer themselves and their questioning as all sweetness, with benign photos of the police at work in their communities:

aichiprefjunkairenraku4

Subtext:  “Like you, even [female] cops have maternal instincts…”

aichiprefjunkairenraku3

“Now now, you needn’t be afraid of this man in uniform who has approached us for some unknown reason during our very traditional daily constitutional.  Especially since he’s even gotten down on his knees for you…”

aichprefjunkairenraku2

“This is how we will approach you to demand personal information” (outside a place that is clearly not a household).  We can only hope that our boys in blue will be so smiley and unaggressive.

Here’s the best one:

aichijunkairenraku042713

“OMG!  I’m so glad to see a cop knocking at my door.  I just love a man in uniform!  Come inside!”

Now, you might think I’m making too much of this.  But naturally I would argue not.  Especially since we have had cases of police agencies doing one thing (like putting out racist anti-NJ flyers) while offering sweetness and light on their official English website.  There’s a lot of tatemae here, and you only have to be a minority in Japan before you understand just how much intent and enforcement differ from the sloganeering.

My advice:  If you get an unexpected knock one day and see (through the peep sight) a cop at your front door, don’t answer.  Because if they visually identify you in any way as NJ, you are automatically suspicious and you’ll get the Third Degree.

Anyone else noticing their local police becoming more intrusive these days?  Arudou Debito

Japan Times JUST BE CAUSE Column 63, May 14, 2013: “Police, media must consider plight of those caught in linguistic dragnet”

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justbecauseicon.jpg

Police, media must consider plight of those caught in linguistic dragnet
Racialized terms thrown about by cops and parroted by news outlets have consequences

The Japan Times, JUST BE CAUSE Column 63, May 14, 2013
By ARUDOU Debito
http://www.japantimes.co.jp/community/2013/05/14/issues/police-media-must-consider-plight-of-those-caught-in-linguistic-dragnet
Version with links to sources

A national media exerts a powerful influence over the lives of members of its society. For example, rumors or untruths disseminated through print or broadcast can destroy livelihoods and leave reputations in ruins.

This is why judiciaries provide mechanisms to keep media accountable. In Japan, laws against libel and slander exist to punish those who put out misleading or false information about individuals.

But what about broadcasting misleading or false information about groups? That’s a different issue, because Japan has no laws against “hate speech” (ken’o hatsugen). Consequently, Japanese media get away with routine pigeonholing and stereotyping of people by nationality and social origin.

An example? The best ones can be found in Japan’s crime reportage. If there is a crime where the perpetrator might be a non-Japanese (NJ), the National Police Agency (and by extension the media, which often parrots police reports without analysis) tends to use racialized typology in its search for suspects.

The NPA’s labels include hakujin for Caucasians (often with Hispanics lumped in), kokujin for Africans or the African diaspora, burajirujin-kei for all South Americans, and ajia-kei for garden-variety “Asians” (who must somehow not look sufficiently “Japanese,” although it’s unclear clear how that limits the search: aren’t Japanese technically “Asian” too?).

Typology such as this has long been criticized by scholars of racism for lacking objectivity and scientific rigor. Social scientist Paul R. Spickard puts it succinctly: “Races are not types.”

Even hard scientists such as geneticist J.C. King agree: “Both what constitutes a race and how one recognizes a racial difference are culturally determined. Whether two individuals regard themselves as of the same or of different races depends not on the degree of similarity of their genetic material but on whether history, tradition, and personal training and experiences have brought them to regard themselves as belonging to the same groups or to different groups . . . there are no objective boundaries to set off one subspecies from another.”

The NPA has in recent years gotten more sophisticated with its descriptors. One might see tōnan ajia-jin fū for Southeast Asians, chūtō-kei for Middle Easterners, indo-kei for all peoples from the Indian subcontinent or thereabouts, or the occasional chūgokujin-kei, firipin-kei, etc., for suspects involved in organized crime or the “water trade.”

But when the suspect is of uncertain ethnic origin but somehow clearly “not Japanese,” the media’s default term is gaikokujin-fū (foreign-looking).

[For example, do a search for 外国人風 at http://sitesearch.asahi.com/.cgi/sitesearch/sitesearch.pl]

Lumping suspects into a “Japanese” or “not Japanese” binary is in fact extremely unhelpful during a search for a suspected criminal, because it puts any NJ, or visible minority in Japan (including many Japanese citizens), under the dragnet.

Not only does this normalize racial profiling; it also encourages the normalization and copycatting of stereotypes. I have seen cases where people assumed that “foreigners” were involved in a crime just because they saw people who “looked different” or “acted different” (which has in the past encouraged criminals to adopt accented speech, or blame fictitious foreign perps to throw cops off their trail).

[See for example http://www.debito.org/aichibikergangpatsy.htmlhttp://www.debito.org/?p=841http://www.debito.org/?p=3060]

There are two other bad habits reinforced by publicly racializing criminality. One is the creation of a public discourse (discussed many times on these pages) on how “foreigners” in particular are a source of crime, and thus destabilizing to Japanese society.

The other is that any careless typology winds up associating nationality/phenotype/social origin with criminal behavior, as in, “He’s a criminal because he’s Chinese.”

Both habits must be stopped because they are, statistically, damned incorrect.

How should the NPA remedy this?

Easy, really. They should amend, if not outright abandon, any race-based typology when reporting crime to the media. The police and the media should try this instead:

1) When there is a suspect on the run, and the public is being alerted to be on the lookout, then give phenotypical details (e.g., gender, height, hair color) — the same as you would for any Japanese fugitive. Do not reveal any nationality (or use the generic word “foreign”). Why? Because nationality is not a matter of phenotype.

2) When there is a suspect in custody for interrogation (as in, not yet charged for prosecution), then it is not necessary to give phenotypical or nationality details. Why? Because an accusation without charge is not yet a crime statistic, so those details are irrelevant to the case. It is also not yet a fact of the case that this particular crime has been committed by this particular person — innocent before proven guilty, remember.

3) When there is an arrest, giving out details on specific nationality is permissible, as it is now a fact of the case. Pointing out phenotypical details, however, is unnecessary, as it may draw undue attention to how criminals supposedly “look.” (Readers will have their curiosity sated by seeing the inevitable photograph, now also a fact of the case.)

4) When there is a conviction, refer to 3 above. But when there is an acquittal, the police and media should mention the nationality of the former suspect in a public statement, to counteract the social damage caused by any media coverage that may have inadvertently linked criminality to a nationality.

Remember that at any time during criminal procedure, it is never necessary to use the generic word “foreign,” what with all the potential for overgeneralization and stereotyping. In addition, the police should repeatedly caution the media against any tone associating nationality with criminality.

Now, why am I devoting a column to this? Because the media must not only watch the watchers; it must watch itself. I also know that policymakers read the Japan Times Community pages and this column, because they have changed their policies after withering criticisms here.

Remedial actions inspired by this space include the Takamadonomiya All Japan Junior High School English Speech Contests amending their rules to disqualify “native English speakers” instead of just “all foreigners” (Zeit Gist, Jan. 6, 2004), NTT DoCoMo repealing their “security deposit” for all foreigners only (ZG, Aug. 29, 2002), the Cabinet’s human rights survey rewriting questions that once made human rights “optional” for foreign humans (ZG, Oct. 23, 2007) and, most significantly, the National Research Institute of Police Science discontinuing its racist “foreigner DNA” research scheme for crime scenes (ZG, Jan. 13, 2004).

Here’s hoping that the police and media realize what careless reportage does to NJ residents, and start monitoring themselves better. It’s time to make amends for all the social damage done thus far.

After all, both are generally more careful if the suspects are Japanese. Anyone ready to say in public “He’s a criminal because he’s from Osaka”? Thought not. Consistency regardless of nationality or social origin, please.

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

Arudou Debito’s “Japanese Only: The Otaru Onsens Case and Racial Discrimination in Japan” is now on sale as a 10th anniversary e-book on Amazon for ¥975. See www.debito.org/japaneseonly.html. Twitter @arudoudebito. Just Be Cause appears on the first Community pages of the month. Send comments and ideas to community@japantimes.co.jp.
ENDS

New eBook: “JAPANESE ONLY: The Otaru Onsens Case”, 10th Anniv Edition with new Intro and Postscript, now on Amazon Kindle and B&N Nook $9.99

mytest

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Hi Blog.  I am pleased to announce the eBook release of my book “JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan” Tenth Anniversary Edition, available for immediate download for Amazon Kindle and Barnes & Noble NOOK.

The definitive book on one of Japan’s most important public debates and lawsuits on racial discrimination, this new edition has a new Introduction and Postscript that updates the reader on what has happened in the decade since JO’s first publication by Akashi Shoten Inc.  A synopsis of the new book is below.

You can read a sample of the first fifteen or so pages (including the new Introduction), and download the ebook at either link:

Price:  $9.99 (a bargain considering JO is currently on sale on Amazon Japan used for 3100 yen, and at Amazon.com used for $390.93!), or the equivalent in local currency on all other Amazons (935 yen on Amazon Japan).

If you haven’t read JO yet (as clearly some media presences, like TV Tarento Daniel Kahl or decrier of “bathhouse fanatics” Gregory Clark, have not; not to mention “My Darling is a Foreigner” manga star Tony Laszlo would rather you didn’t), now is a brand new opportunity with additional context.  Here’s the Synopsis:

SYNOPSIS OF THE TENTH ANNIVERSARY EDITION OF eBOOK “JAPANESE ONLY”

If you saw signs up in public places saying “No Coloreds”, what would you do? See them as relics of a bygone era, a la US Segregation or South African Apartheid? Not in Japan, where even today “Japanese Only” signs, excluding people who look “foreign”, may be found nationwide, thanks to fear and opportunism arising from Japan’s internationalization and economic decline.

JAPANESE ONLY is the definitive account of the Otaru Onsens Case, where public bathhouses in Otaru City, Hokkaido, put up “no foreigners allowed” signs to refuse entry to Russian sailors, and in the process denied service to Japanese. One of Japan’s most studied postwar court cases on racial discrimination, this case went all the way to Japan’s Supreme Court, and called into question the willingness of the Japanese judiciary to enforce Japan’s Constitution.

Written by one of the plaintiffs to the lawsuit, a bilingual naturalized citizen who has lived in Japan for 25 years, this highly-readable first-person account chronologically charts the story behind the case and the surrounding debate in Japanese media between 1999 and 2005. The author uncovers a side of Japanese society that many Japanese and scholars of Japan would rather not discuss: How the social determination of “Japanese” inevitably leads to racism. How Japan, despite international treaties and even its own constitutional provisions, remains the only modern, developed country without any form of a law against racial discrimination, resulting in situations where foreigners and even Japanese are refused service at bathhouses, restaurants, stores, apartments, hotels, schools, even hospitals, simply for looking too “foreign”. How Japan officially denies the existence of racial discrimination in Japan (as its allegedly homogeneous society by definition contains no minorities), until the Sapporo District Court ruled otherwise with Otaru Onsens.

JAPANESE ONLY also charts the arc of a public debate that reached extremes of xenophobia: Where government-sponsored fear campaigns against “foreign crime” and “illegal foreigners” were used to justify exclusionism. Where outright acts of discrimination, once dismissed as mere “cultural misunderstandings”, were then used as a means to “protect Japanese” from “scary, unhygienic, criminal foreigners” and led to the normalization of racialized hate speech. Where even resident foreigners turned on themselves, including Japan Times columnist Gregory Clark’s repeated diatribes against “bathhouse fanatics”, and future “My Darling is a Foreigner” manga star Tony Laszlo’s opportunistic use of activism to promote his own agenda at the expense of the cause. Where the plaintiffs stay the course despite enormous public pressure to drop the lawsuit (including death threats), and do so at great personal risk and sacrifice. Remaining in print since its first publication in 2003, JAPANESE ONLY remains a testament to the dark side of race relations in Japan, and contains a taut story of courage and perseverance in the face of seemingly insurmountable odds.

Now for the first time in ebook format, this Tenth Anniversary Edition in English offers a new Introduction and Postscript by the author, updating the reader on what has changed, what work remains to be done, and how Japan in fact is reverse-engineering itself to become more insular and xenophobic in the 2010s. Called “a reasoned and spirited denunciation of national prejudice, discrimination, and bigotry” (Donald Richie, legendary Japanologist), “clear, well-paced, balanced and informative” (Tom Baker, The Daily Yomiuri), “a personal and fascinating account of how this movement evolved, its consequences and how it affected those who participated in it” (Jeff Kingston, The Japan Times), and “the book of reference on the subject for decades to come and should be required reading for anyone studying social protest” (Robert Whiting, author of You’ve Gotta Have Wa), JAPANESE ONLY is a must-read for anyone interested in modern Japan’s future direction in the world and its latent attitudes towards outsiders.

More reviews at http://www.debito.org/japaneseonly.html
ends

Prof. Kashiwazaki Chikako: Japan’s Nationality Law and immigration policy deviates from current international legal norm

mytest

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Hi Blog. Something I came across during my readings. Thought you might find it interesting.

Over the years I have gotten from many corners (particularly from people who have not researched things too deeply) how “jus sanguinis” (law of blood) requirements for Japanese citizenship are not all that far from the international norm, and how Japan’s Nationality Law (which requires blood ties to a Japanese citizen for conferral of Japanese nationality) is but one example of many in the community of nations that confer nationality/citizenship by blood.

Well, I knew both from experience and in my gut that there was something wrong with that. I felt that Japan’s method of conferring nationality/citizenship was quite specially exclusive (for example, we’ve had half a million Zainichi former citizens of Empire excluded from full “Denizenship” (see below) in Japanese society for three Postwar generations now, and only a tiny number of people becoming naturalized Japanese citizens every year).  This exclusion (which every nation does when deciding national membership, but…) has been done in ways unbecoming of a country with the reputation of being a legitimate, competent, advanced Western democracy — one Japan has had since its emergence as a “rich society” in the 1980s — and thus expected to take on a greater role in international cooperation (such as acceptance of refugees) by accepting international legal norms (such as signing and enforcing international treaties).

Now I’ve found something in writing from someone who HAS researched things deeply, and she too finds that Japan’s policies towards the outside world are outside the international norm.

These are excerpts from Kashiwazaki Chikako (Associate Professor of Sociology at Keio University). 2000. “Citizenship in Japan: Legal Practice and Contemporary Development.” In T. Alexander Aleinikoff, and Douglas Klusmeyer, eds., From Migrants to Citizens: Membership in a Changing World. Washington DC: Carnegie Endowment for International Peace, pp. 434-74.

Regarding trends in immigration policies for Japan’s developed-country brethren:

Comparative research suggests that citizenship policies might be effectively employed for the integration of immigrants in a democratic society.  Citizenship policies in a broad sense include rules for not only the attribution of full, formal citizenship but also the admission of legal migrants and the extension of “partial” citizenship for resident aliens.  The Japanese case is similar to other advanced industrial countries in that recent labor migration represents south-north migration or migration from developing countries to developed countries.  Experiences of Western European countries in particular provide useful points of comparison when studying the case of Japan, because Japan in its modern national state form was constructed by an indigenous majority group rather than by immigrants, as in the United States, Canada, and Australia.

Contemporary debates about citizenship policies in Western European countries have their roots in immigration in the post-WWII era.  In response to sharp increases in the immigrant population, governments of these countries restricted admission and encouraged return migration in the 1970s.  The result was the settlement of former “temporary” workers and an increase in family reunification.  As immigrants were becoming a permanent feature of the society, host countries in Western Europe turned increasingly toward incorporation.  Over time, foreign workers and their families obtained a greater scope of citizenship rights.  Referred to as “denizens”, resident aliens with permanent status enjoy extensive civil and social citizenship rights, if not electoral rights on the national level. 

Denizens, however, do not possess full citizenship, notably full political rights.  For fuller integration of immigrants into a democratic political community, it becomes important to give them the opportunity for them to obtain full citizenship, not just denizenship.” (435-6)

Regarding the claim that Japan is “not an outlier” in terms of conferring nationality by blood ties, and the frequent defense that “other rich countries, such as Germany, also do it”, consider this:

“In the 1980s and 1990s, laws regulating nationality and citizenship were revised in immigrant-receiving countries such as Germany, the Netherlands, Sweden, and Switzerland, where nationality transmission was mainly based on jus sanguinis (by parentage). These revisions eased criteria for acquiring nationality by first-generation, long-term resident aliens as well as by the second and subsequent generations. Major types of legal administrative changes include introduction or expansion of the as-of-right acquisition of citizenship [Japan has no “as-of-right acquisition” system; i.e., anyone who was not attributed Japanese citizenship by birth must go through the process of naturalization]; double jus soli, by which the third generation obtains citizenship automatically; and toleration for dual nationality… [On the other hand], there is no unified, coherent policy that could be called the Japanese citizenship policy.” (436-7)

Regarding the GOJ’s intolerance of dual nationality:

“The current international trend in coordinating nationalities is to have a greater degree of tolerance for the incidence of multiple nationality than for statelessness. The principle of “one nationality for everyone” is therefore increasingly understood to mean at least one nationality, rather than “only one,” for each person. Furthermore, migrant-sending countries have tended to support dual nationality, which would allow their nationals to retain close relationships with their country of origin while enjoying full rights and protection in the host country. Outside Europe, Mexico’s recent move to allow dual nationality for those who became naturalized U.S citizens is another example. Insisting on the desirability of “only one” nationality, the official stance of the Japanese government, therefore deviates from the current international norm.” (451)

Regarding official policy for migration and integration:

“The system of naturalization is not designed to transform foreign nationals promptly into Japanese nationals. Restriction on naturalization corresponds to the government’s stance on border control, namely that Japan does not admit immigration for the purpose of permanent settlement.” (443)

The justifications, when proffered by the Ministry of Justice all the way back in 1959, still resonate today as current:

“Since Japan is one of the most densely populated countries in the world, policies of controlling both population growth and immigration are strongly called for. It should therefore be a government policy to severely restrict the entry of foreigners into Japan. This is all the more so because there are undesirable foreigners who would threaten the lives of Japanese nationals by criminal activity and immoral conduct.” (MOJ Shutsunyuukoku Kanri, 1959, pg. 3) (441).

So there you have it, from another researcher. It has never been policy in Japan, despite all the promises we heard in the “Kokusaika” 1980s about “getting in, making the effort to work hard in Japanese companies, learning the language and culture, and ultimately becoming Japanese like everyone else”, to let immigrants stay or make it easier for them to stay.  So it’s not going to happen (no matter what recent flawed GOJ Cabinet opinion polls claim about the public’s “no longer rejecting” NJ), because of official government policy not to let people settle, and because policymakers don’t trust foreigners to ever be “Japanese”.

In any case, it’s not a matter of being “socially accepted” by our peers — friendships on the individual level can happen.  The problem is more a matter of allowing NJ to take our place in the hierarchy — allowing for NJ and former NJ to have some transference of power and rights to them (such as letting them become sempai) in Japan beyond alien status, beyond mere “partial citizenship” and “Denizenship” through increasingly-tougher Permanent Residency, but into granting full citizenship with extensive civil and social citizenship rights while allowing them to keep their ethnic identity.  But no.  NJ are not to be trusted, because they might, unlike Japanese, commit crime or engage in immoral conduct.  As Kashiwazaki indicates above, those systematic and persistent exclusionary attitudes are outliers amongst Japan’s developed-country brethren.  Arudou Debito

UPDATE:  Okay, one more researcher weighs in, pithily.  From the same book, Part Four Introduction, pp. 383-5, by Aristide R. Zolberg, who writes in comparative perspective:

“Japan and Israel surely stand out as the ‘odd couple’ of the comparative citizenship project, each of them being an outlier in which one element of citizenship policy has been extrapolated into a dominant feature.  In short, Japan comes closer than any other economically advanced constitutional democracy to retaining a fundamentalist version of jus sanguinis, and the ‘blood’ involved is the immediate and concrete one of family or lineage, rather than merely the usual ‘imagined’ national community.” (385)

ends

Racist flyer from Osaka Pref Police, this time with stereotypical drawings of black people

mytest

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Hi Blog.  The Japanese police are back up to their old tricks. Check this poster out from the Osaka Prefectural Government Minami Police Station Safe Livelhoods Section (courtesy of @feitclub and Tom, photo taken February 13, 2013, by SMBC in Namba Nankai Station), warning the public about “foreign gang crimes” including for no clear reason a gratuitous illustration of some “darkies”…

osakananbukeisatsuflyer021813

Translating:

================================
BEWARE OF THEFTS BY FOREIGN GROUPS TARGETING PEOPLE RETURNING HOME FROM BANKS AND POST OFFICES!

— Overview of the incident —
When the victim was walking back to his/her office after withdrawing cash from a bank teller, he/she was called out to by a group of three foreigners, who stopped him/her with a “You’ve got something stuck to the back of your coat.” When the victim stopped on the spot to check his/her back, that foreigner group snatched his/her bag that he/she had placed at his/her feet.

About the perps…

  • They are aiming for people who have withdrawn large amounts of cash from a financial institution.
  • They are shooting for times when the victim is distracted, using means such as “dropping small change all around”, “staining clothes with paint”, “saying you’ve got a puncture [to your bike tyre]”

Report these incidents to the police by dialing 110…

  • When you see someone in a store with no clear business who is hanging around there for a long time.
  • When you see a suspicious-looking car stopped around a store area.

If you are carrying a large amount of cash…
There are incidents of theft involving foreign groups.
Beware of being targeted for theft when heading back from your financial institution.

et cetera. Please contact us. OSAKA PREFECTURAL POLICE

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

Nice notice. I can’t quite tell why there is a need to include racist caricatures of black people in this clarion call for vigilance against “foreign gangs” (after all, Japanese gangs never steal, so we have to target foreigners, right?). And it’s not the first time we’ve had these sorts of racist caricatures, either, recorded on Debito.org for posterity:

Just a few for your reference:

Ueno Police racist caricatures in 2002 flyer

uenokeisatsu1002

 

More information on the above here.kanagawaracistNPAposter2010More information on the above here.

ikunokeisatsuJune07

More information on the above here.

One day I would love to have leaked to Debito.org NPA training manuals that talk about how NJ suspects are supposed to be treated in public and in custody.  We already have a former public prosecutor acknowledging in 2011 that he was trained to believe that “foreigners have no human rights” in Japan.  If I could get some sections of those training manuals scanned, we would have proof positive and undeniable that Japan’s police forces are not only innately racist, but also systematically racist.  Anyone out there with connections?  Would appreciate it.  Arudou Debito

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

UPDATE FEBRUARY 27:  Debito.org Reader AS sends this:

Hi Debito, I thought I’d share this quick parody of the NPA’s page on “furikome sagi”… http://www.keishicho.metro.tokyo.jp/seian/koreisagi/koreisagi.htm
Sauce for the goose…

ORIGINAL:

furikomesagiNPAoriginal

PARODY:
furikomesagi
ENDS

My Japan Times JUST BE CAUSE Column 57, November 6, 2012: “If bully Ishihara wants one last stand, bring it on”

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The Japan Times, Tuesday, Nov. 6, 2012
JUST BE CAUSE
If bully Ishihara wants one last stand, bring it on
http://www.japantimes.co.jp/text/fl20121106da.html or
http://www.japantimes.co.jp/text/fl20121106ad.html, whichever you prefer
By ARUDOU Debito
Column 57 for the Japan Times Community Page

On Oct. 25, Tokyo Gov. Shintaro Ishihara announced his resignation from office. He now plans to stand for election to the Diet as head of a new conservative party. He suggested political alliances with other conservative reactionaries and xenophobes, including Osaka Mayor Toru Hashimoto and Tachiagare Nippon (Sunrise Party of Japan) chief Takeo Hiranuma (Just Be Cause, Feb. 2, 2010). And all before a Lower House election that must be held within two ten months.

I say: Bring it on. Because it’s time for somebody to make clear which way Japan is heading.

The world’s media has largely misunderstood — or misrepresented — what kind of an elected official Ishihara is, often portraying him as a “nationalist” (which sounds like a patriot). He is in fact a hate-mongering racist bigot.

This is the man, remember, who began his governorship by calling for foreigners to be rounded up on sight in the event of a natural disaster — for they might (unprecedentedly) riot! Cue one natural disaster in 2011: No riots. Yet no retraction. Thus he got a free pass.

This is also a man who goes beyond the standard right-wing denials of the dark side of Japanese history, such as the Nanjing Massacre and the “comfort women.” He has called the 2011 tsunami “divine retribution” for Japan’s sins, insinuated that Africans in Japan are unintelligent, said commentators on Japan “don’t matter” if they’re foreign, likened foreign judo practitioners to “beasts,” claimed Chinese are criminals due to their “ethnic DNA,” called parts of Tokyo with higher foreign populations “hotbeds of crime” too scary for even Japanese crooks to enter, and stigmatized Japanese politicians who support more rights for foreigners by saying they must have foreign roots themselves (as if Japanese with tainted bloodlines are somehow unpatriotic).

He has also stated that old women are “useless” and “toxic” to civilization, gays “gadding about” are “pitiable,” French is unqualified as an international language because of its counting system — and so on ad nauseam, painting grotesque caricatures of foreigners and minorities in broad, bigoted strokes. Just listing them all would take up my entire column.

Yet, instead of pillorying this piece of work out of office, the media has generally dismissed his statements as “gaffes.” But a gaffe is technically an error or an unintended misstatement — and Ishihara’s are too frequent to be anything but deliberate.

Sadly, due to the limited attention span inherent in media cycles, Ishihara managed to out-stare the press. They then excused their own lack of tenacity by treating his outrageous comments like a personality quirk, as if he suffers from a particularly offensive form of Tourette’s — effectively handing him a free pass.

Passes got freer after one re-election. Then another. Then another. The default theory became: Ishihara must be doing something right. Either voters actually like him, or they are just overlooking his bigoted outbursts because they have no other viable choice (or are sick of sloganeering milquetoast politicians in general).

My take is simply that Ishihara chooses his targets wisely. He never goes after the majority (who might vote him out). Good at sensing the weak minority voice behind any issue, he makes himself appear powerful at their expense — especially when he targets foreigners, who can’t vote anyway.

I also think people (including reporters) are generally suckers for celebrities and power-brokers, especially when they’re charismatic bullies picking on people. It’s amusing to watch people squirm — as long as you’re not the one being bashed.

Bearing all this in mind, Ishihara quitting his job can only be a good thing — for two reasons.

One is that the fool is giving up his self-legitimizing bully-pulpit-for-life. He’s lost the power to threaten to raid Metropolitan Tokyo’s tax coffers for bank bailouts, purchases of geopolitically sensitive ocean dots, relocation of the world’s largest fish market to a polluted empty lot, or hosting Olympic Games.

He also no longer has Japan’s most centralized police force (keishichō) at his disposal — one which, as Edward Seidensticker noted, can convert Tokyo into “a police city” whenever necessary (Zeit Gist, Apr. 22, 2008). Ishihara can no longer target people he dislikes with the same degree of public authority.

But the other, more important reason is because it’s time for the world to stop doling out free passes and realize just how far rightward Japan is swinging.

The Japan Times has reported many times (ZGs, Oct. 4, 2002, May 4, 2005, Feb. 20, 2007, Aug. 28, 2007, May 4, 2010, etc.) how Ishihara and his ilk have egregiously blamed outsiders for Japan’s domestic social ills (including crime, terrorism, subversive activities and a general undermining of all things “Japanese”) and gotten xenophobic public policies to match. However, these gradual developments have been largely ignored by outside observers and decision-makers.

Remember, the only thing that can really shame Japan into clamping down on xenophobia and chauvinism is the feeling they’re being watched by the world — i.e., gaiatsu (outside pressure). Yet international organizations, such as the International Olympic Committee, still treat Ishihara’s proposals as if they are legitimate. Again, where are the international boycotts to protest this man’s history of hate-mongering?

So, Ishihara putting his cards on the table will speak definitively about Japan’s future direction. If Ishihara gets his way (and he will win election to the Diet, comfortably) and gets, say, a Cabinet post or the prime ministership, he will legitimize a path for all the young budding Rightists (such as Hashimoto, who is half Ishihara’s age) to push their agenda of remilitarizing Japan and rekindling an ahistorical love for its fascist past.

This will finally get people to sit up and realize how much of a threat postmodern Japan — a state addicted to a discourse of self-victimization while scapegoating others for its own problems — is to stability in Asia.

If Ishihara doesn’t get his way (and becomes one of the many grumbling parliamentary pinheads within a fringe party, hamstrung by the omnipotent bureaucracy Ishihara himself so loathes), this will take the wind out of the sails of Japan’s Rightists — who are so desperate for attention they’ve reinstalled Shinzo Abe as leader of the opposition Liberal Democratic Party (even though he lacked the stomach for the job the last time he was prime minister).

Either way, I say again: Bring it on. By abdicating his otherwise permanent job, Ishihara is making one last gamble at age 80. And he’s doing it out of the hubris and addiction to power seen in other old men (such as former Peruvian President and Ishihara crony Alberto Fujimori), who have spent too long in self-affirming sound chambers surrounded by sycophants.

These megalomaniacs have convinced themselves that as part of an elite ruling class, whatever they want they will get. In Fujimori’s case, the twit gave up his extradition-proof safe haven in Japan to seek re-election back in Peru (JBC, May 5, 2009). He is now serving life in a Peruvian jail.

In Ishihara’s case, a seat in the Diet may wind up being his final sequestration. It certainly ain’t no Tokyo governorship.

Go for it, Ishihara! Let’s see what you’ve got in the time you have left. Show us clearly, once and for all, how Japan intends to position itself for the future — so the rest of the world can start making plans.

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

Debito Arudou’s latest writing is the Hokkaido section of the Fodor’s Japan travel guide. Twitter @arudoudebito. Just Be Cause appears on the first Community Page of the month. Send your comments to community@japantimes.co.jp
ENDS

Suraj Case: Chiba prosecutors decide not to indict 10 Immigration officers in whose custody he died

mytest

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Hi Blog. Sad news. The Suraj Case, which has been covered in various media reproduced here on Debito.org, has wound up as predicted: With the Immigration officers getting off with no indictment and the GOJ getting away with murder (if not negligence leading to homicide while in official custody). Even the Japan Times called his death “brutal”. It’s bad enough when you have a criminal justice system where even citizens are victims of “hostage justice”.  It’s another when you can get away with killing somebody during deportation just because they’re foreign.  One more brick in the wall to demonstrate that once the Japanese police get your hands on you as a NJ, you don’t stand a Chinaman’s Chance, be it in Japan’s criminal investigations, incarceration systems, jurisprudence and standards of evidence, criminal court, or civil court afterwards. In a word, disgusting. Arudou Debito

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

Chiba prosecutors decide not to indict 10 immigration officers over death of Ghanaian man
Mainichi Shimbun July 4, 2012, courtesy of MD
http://mainichi.jp/english/english/newsselect/news/20120704p2a00m0na006000c.html

CHIBA — The Chiba District Public Prosecutors Office decided on July 3 not to indict 10 officers of the Tokyo Regional Immigration Bureau on charges of assault and cruelty resulting in a Ghanaian man’s death when they overpowered him aboard an aircraft.

In deciding to drop the case, the Chiba District Public Prosecutors Office said, “There is no causal relationship between the action (by the immigration officers) and the death (of the Ghanaian man), and the action was legitimate.”

According to Chiba Prefectural Police and other sources, Ghanaian national Abubakar Awudu Suraji, who had overstayed his visa, became violent when he was taken aboard a plane for deportation at Narita Airport on March 22, 2010. The 45-year-old man passed out when immigration officials tried to restrain him with handcuffs, towels and other means. He was taken to a hospital at the airport but died shortly thereafter. The cause of his death remained unknown as a legal autopsy showed no noticeable bodily injuries.

The man’s Japanese wife filed a complaint with the Chiba District Public Prosecutors Office in June 2010, arguing that “there is a high possibility that (her Ghanaian husband) died from a violent assault while being escorted.” In December 2010, the Chiba Prefectural Police sent papers on the case to the Chiba District Public Prosecutors Office.
ENDS

////////////////////////////////////////
Original Japanese article

強制送還中に死亡:入管警備官10人 不起訴処分に
毎日新聞 2012年07月03日 22時41分
http://mainichi.jp/select/news/20120704k0000m040091000c.html

成田空港で一昨年3月、強制送還中のガーナ人男性(当時45歳)が東京入国管理局の入国警備官の制止を受けた後に死亡した事件で、千葉地検は3日、特別公務員暴行陵虐致死容疑で書類送検された警備官10人を容疑なしで、いずれも不起訴処分とした。地検は「行為と死亡の因果関係はなく、行為は適法だった」と説明している。

千葉県警などによると、不法滞在していたアブバカル・アウドゥ・スラジュさんは10年3月22日、強制送還のため旅客機に搭乗した際に暴れ、警備官が手錠やタオルなどで制止した後に意識を失い、空港内の病院に搬送されたが死亡した。司法解剖の結果、目立った外傷もなく、死因も不明だった。

男性の日本人妻が「護送中の暴行で死亡した可能性が高い」として同年6月に地検に告訴。同12月、県警が書類送検していた。【黒川晋史】

Asia Pacific Bulletin: “Accepting Immigrants: Japan’s Last Opportunity for Economic Revival”

mytest

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Hi Blog.  Here’s some evidence of how the debate regarding Japan’s need for immigration is starting to percolate through USG policy circles — this time the Asia Pacific Bulletin.  It’s another well-intentioned brief article for busy policymakers, but with a couple of mistakes:  1) since the 2011 earthquake the number of foreign residents in Japan has also been on a downward trend” is not quite right since it was on a downward trend before 3/11 too (in fact, when I was debunking the “Flyjin” Myth in my Japan Times column I demonstrated how the decreasing trend in NJ numbers was largely unaffected by the multiple disasters); 2) the “stagnant policy discussion at the national levelhas in fact been restarted and quite actively discussed starting from May onwards (perhaps after Mr. Menju sent the article to press, but the APB website notes their turnaround on articles is mere weeks), as has been discussed here in detail on Debito.org.   But Mr. Menju does get some important things very, very right — as in the other J media-manufactured myth of NJ crime and social disruption (especially the NPA’s involvement in cooking the numbers), how this dynamic forestalls a healthy discussion on immigration policy, and Japan’s overall need for immigration despite all the years of active ignoring of local governments’ advice on tolerance and acceptance.  Decent stuff, and worth a read.  Arudou Debito

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

Analysis:  Accepting Immigrants: Japan’s Last Opportunity for Economic Revival
Asia Pacific Bulletin, No. 169
Publisher: Washington, D.C.: East-West Center in Washington
Publication Date: June 27, 2012
By Toshihiro Menju, courtesy VW
http://www.eastwestcenter.org/publications/accepting-immigrants-japan’s-last-opportunity-economic-revival

BIO:  Toshihiro Menju, (Facebook profile here) Managing Director of the Japan Center for International Exchange, explains why “A proactive decision on accepting immigrants could very well be a constructive solution for two of Japan’s most salient problems: a shrinking economy spurred by a declining population.”

Japan is very slowly beginning to recover from the enormous economic and infrastructural setbacks caused by the March 11, 2011, earthquake. One reason for the slow pace of recovery is due to Japan’s shrinking and aging population, a phenomenon that is gradually and detrimentally affecting Japanese society as a whole. As of November 2011, Japan’s population totaled 128 million, ranking it tenth in the world after Russia. Historically, Japan’s large population has contributed to its dynamic economic output, providing a well-educated workforce along with a large domestic consumer market. However, since 2005 the total population has been in decline for the first time since WW II. Indeed, over the next decade it is expected to decrease by 5.3 million people, a significant decline of four percent, more than the entire population of Shikoku, Japan’s fourth largest island.

Unfortunately, Japan, unlike other developed economies, has only experienced two brief baby booms. The first baby boom, which occurred immediately after WWII, lasted just three years, until abortion became legal in 1949. Ironically, concerns over a sudden swell in population resulted in an increase in the number of pregnancy terminations. Furthermore, that post-WWII generation started a national trend where each subsequent generation has had fewer and fewer children, as evidenced by the brief baby boom in the early 1970s. As a result, today, the demographic decrease in Japan of children under the age of 15 is a serious national concern. Since 2003, over 400 public elementary, junior high, and senior high schools have closed every year directly as a result of demographics. It is estimated that between 2005 and 2025 the Japanese labor force–ages 15 to 64–will decrease by approximately 14 million, and at the same time citizens aged 75 and over will increase by 10 million. The economic, civil, and societal implications for such a dramatic and sudden demographic change are unprecedented.

Lack of Political Debate on Immigration
Currently, Japan has strict controls regarding foreign immigration, and there is no coherent national government policy or debate on how to utilize immigration to constructively address the issue of a declining population. Foreigners residing in Japan during 2010 totaled 2.13 million, almost two percent of the population. Currently 690,000 foreign residents are Chinese. Koreans rank second at around 570,000, of which 400,000 are direct descendents of Koreans who immigrated to Japan before WWII. The third largest group, at 230,000, is of Japanese-Brazilian descent, with a sudden increase in the early 1990s due to a relaxation in the immigration law for Japanese descendants living in South America. However, the number of Japanese-Brazilians living in Japan decreased rapidly after the 2008 global economic crisis. In addition, since the 2011 earthquake the number of foreign residents in Japan has also been on a downward trend.

There are three obstacles that hinder acceptance of immigrants or that even prevent starting a discussion at the national level on the subject of immigration. These three impediments are: the fear of social disruption attributed to immigrants as often witnessed in Europe and the United States; an increase in the rate of unemployment for Japanese citizens, especially among the youth; and an increase in the number of crimes committed by immigrants.

The first anxiety is a byproduct of the Japanese media’s coverage of immigrant issues in Europe, as well as in the United States. Japanese media coverage only presents the negative aspects of immigration in these countries; there is very rarely any coverage on the positive attributes of immigrants in these societies. The second apprehension is also unfounded, as Japan can tightly control the number and educational levels of incoming immigrants. The labor deficit within the agricultural, fishery, manufacturing, and service industries is a significant problem, combined with the fact that many Japanese youth refuse to work in these labor intensive and low-paying jobs.

The increase in crimes perpetrated by immigrants is also a misconception. Japan’s National Police Agency has, since 1990, featured a special section on crimes committed by foreigners in the annual Crimes in Japan report, and this has fueled the debate on the possibility of a spike in criminal activity due to an influx of immigrants. However, what is not widely discussed is that the number of crimes committed by foreigners has actually been steadily declining since 2005.

Healthy discussion on immigration is also inhibited by a number of other factors including ultra-nationalistic groups who are very vocal and unduly critical of neighboring countries. Furthermore, the perception in Japan of Imin–immigrants–is generally negative, with the public belief that if the door is opened, a flood of poor people from around the world will suddenly rush in. In reality, Japan is surrounded by a high language barrier that hinders non-serious immigrants.

Local Initiatives
However, in spite of the stagnant policy discussion at the national level, some local governments and grassroots organizations have been very active in accepting foreigners. This trend developed in the 1980s to help increase the number of foreign students in local communities, and the movement was boosted in the 1990s when Japanese-Brazilians suddenly increased from just a few thousand to 300,000 within approximately ten years. Tabunka-Kyosei–living together in a multi-culture–became the buzz word for these local movements. Local governments, including Toyota city (home town of Toyota motors), formed the Coalition of Cities with Foreign Residents in 2001. This coalition has campaigned for broader acceptance of foreigners living in Japan. Initiatives include submitting petitions to the central government for the establishment of a national immigration agency and provisions for the education of immigrant children. More recently, some rural mayors have begun openly discussing the merits of accepting immigrants into their communities, explaining that without these additions their communities will soon become ghost towns due to aging and depopulation.

Unfortunately, Prime Minister Yoshihiko Noda and his ruling Democratic Party of Japan have already used their limited political capital working on controversial legislation to raise domestic tax rates and tackling the thorny issue of restarting Japan’s nuclear power plants. They will not take on another controversial topic such as immigration at this moment in time. However, pro-immigration grassroots movements will continue to grow and eventually their arguments will reach the national level.

But the question is when. If it takes too long, a healthy recovery fueled by new immigrants will be more difficult to achieve, and another opportunity for Japan’s economic revival will have been missed. A proactive decision on accepting immigrants could very well be a constructive solution for two of Japan’s most salient problems: a shrinking economy spurred by a declining population.

========================
About the Author

Toshihiro Menju is Managing Director and Chief Program Officer at the Japan Center for International Exchange (JCIE). He can be contacted via email at tmenju@jcie.or.jp.

ENDS

China’s crackdown on foreigners called “xenophobic” by CNN columnist. Yet Japan’s been overtly doing the same to its NJ for generations without similar criticism.

mytest

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Hi Blog.  Today’s post is about geopolitics and concomitant media attitudes.  Here we have an American media outlet (CNN) publishing a Old China Hand’s fears about the “specter of xenophobia” in China because of a crackdown on “illegal foreigners”.

Fine, make that case.  I would agree.  It does encourage xenophobia.

But note how what China is doing (and for what has been announced as a temporary amount of time, but nevertheless the precedent has been set) is what Japan’s been doing for years, if not generations, to its foreigners:  Random racial profiling street ID “spot checks”.  Police hotlines to report “suspicious foreigners”.  Preemptive measures during high-profile events to promote “public security”.  Public funds for ferreting out “foreign criminals” through “foreign DNA” testing research (oh, wait, AFAIK that’s just Japan).  The CNN author’s citations back to the Boxer Rebellion and public resentment towards “foreign devils” in Mao’s China may be a tad alarmist (and any historian could match those with Japan’s occasional ee ja nai ka anti-Christian demonstrations and the anti-foreign propaganda during WWII Japan (cf. Dower, War Without Mercy) — and then fear a backslide into bad habits), but the point is this:

Why does China get harshly criticized for this yet Japan once again gets a free pass?  Well, geopolitics, of course.  Japan is a trusted ally, China is an untrustworthy adversary.  CNN, your bias is showing.  But it would be nice if the media could see the parallels sometime and similarly admonish Japan away from its xenophobia.  Given Japan’s ultrasensitivity to foreign media opinion, it might even deter.  Arudou Debito

(PS: Note how China’s official media mouthpiece also treats non-citizens as “guests”.  Why isn’t that made an issue of?  Is the Guestism discourse that dominant and accepted even for our CNN columnist?)

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

China’s crackdown on foreigners raises specter of xenophobia – CNN.com
By Jaime A. FlorCruz, CNN
June 3, 2012 — Updated 0506 GMT (1306 HKT)
http://edition.cnn.com/2012/06/03/world/asia/china-foreigner-crackdown-florcruz/index.html?hpt=hp_c2
CNN.com, courtesy of MS and AJ

Editor’s note: “Jaime’s China” is a weekly column about Chinese society and politics. Jaime FlorCruz has lived and worked in China since 1971. He studied Chinese history at Peking University (1977-81) and was TIME Magazine’s Beijing correspondent and bureau chief (1982-2000).

Beijing (CNN) — “Does this mean I must now carry my passport everyday?” my wife Ana wondered aloud with a mix of bemusement and exasperation.

She was reacting to news reports that Beijing had started a 100-day campaign to “clean out” expatriates illegally living or working in the Chinese capital.

Until the end of August the Beijing Public Security Bureau has decreed that all resident foreigners are expected to show their passports for “spot checks” of visas and resident permits.

Hinting at stern measures for violators, a campaign poster features an image of a giant fist.

Police have conducted a sweep of communities where expatriates frequently congregate, like the university belt and the Sanlitun district of the city, which boasts an eclectic array of shops, restaurants and bars.

But finding violators may not be easy. There are almost 200,000 foreign residents in Beijing on short-term or long-term visas, according to the Beijing Morning Post, which quotes police sources.

Mood darkens amid crackdown on ‘illegal foreigners’

The campaign has enlisted the help of the Chinese public, who can call a telephone hotline to report “suspicious foreigners.” Violators will be fined, detained or even deported.

However, the crackdown has made the expat community in Beijing uneasy, with many wondering why the authorities have decided to take action now.

China watchers wonder whether this is simply a preemptive measure to ensure security and stability months before the Communist Party hold its once-a-decade leadership transition later this year. A similar sweep was conducted several months before Beijing hosted the 2008 Summer Olympics.

Others see the high profile campaign as yet another hint of the xenophobic tendencies in the “Middle Kingdom.”

Days before the police campaign commenced, shocking videos purportedly showing a British national sexually abusing a Chinese woman went viral on cyberspace. It prompted an avalanche of angry posts on social-networking sites.

Soon after the campaign was announced, Chinese TV anchor Yang Rui poured gasoline onto the fire when he posted scornful comments on his microblog calling for the expulsion of “foreign scum.”

Some observers say China has good reason to go after law-breaking foreigners. “The crackdown makes sense in the light of the large number of illegal migrants that have made it into China, some of whom may have been involved in illegal or violent activities,” said David Zweig, a professor at Hong Kong University’s Department of Science and Technology.

But he said foreigners should be treated fairly and equally, according to law.

Crucially, the crackdown seems to be popular with many ordinary Chinese.

“Of course we should send home those foreigners who have entered illegally, just as we Chinese won’t be allowed in other countries without legal documents,” one Beijing resident told CNN.

“To be a strong nation, you need not just a good economy but also strong diplomatic policies,” said another. “That shows a nation’s self-respect and dignity.”

Another resident was more blunt: “China as a big nation should get tougher. We’ve been too soft for too long.”

As China’s economic and military might grow, the people’s pride and nationalistic feelings rise.

There’s nothing wrong with promoting patriotism, experts say, but they warn against chauvinism. “The Chinese have to be careful about underlying chauvinism which can lead them to behave inappropriately towards foreigners in the country, and in their foreign policy,” said Zweig.

During the last century, China experienced how nationalism led to xenophobia during the Boxer Rebellion in the early 1900s — when groups of peasants banded together to rid the country of foreign influences — and the Cultural Revolution (1966-76), when Mao Zedong attempted to reassert revolutionary values in China by purging what he described as bourgeois influences.

No one wants to experience xenophobia. I have seen how ugly it can be.

Like most foreigners who lived in China in the 1970s, I saw a closed, xenophobic society riddled with ingrained racial stereotypes. Foreigners in Beijing were virtually quarantined.

While we enjoyed special privileges, such as access to special “friendship stores”, train compartments, hospital wards and beach resorts, we were cut off from spontaneous contact with ordinary people. Diplomats and journalists were segregated in gated “foreigners’ compounds”, which we use to call foreign ghettos.

Local residents resented such special treatment. They often targeted foreigners with scorn and disdain. Foreigners were disparagingly referred “waiguo guizi” (foreign devils).

Although infrequent, I do remember an anti-foreign backlash that led to occasional altercations and even rioting.

To be sure, China has changed significantly since Deng Xiaoping launched his market reform and open-door policies in 1978. Over the years it has gradually integrated into the global village through diplomacy, trade, tourism, academic exchanges and the media.

But some expatriates in Beijing still detect anti-foreign tendencies. “I find it difficult to understand why resentment is aimed at foreigners in general rather than at those who break the law or behave badly, regardless of nationality,” said one.

“There is definitely an issue of Chinese having stereotypical views on foreigners, and a very clear us-versus-them attitude,” said another. Neither person wished to be identified.

China scholars believe many Chinese still harbor racist tendencies and lack the open-minded tradition of self-reflection when they feel or express such views. “This lack of self-reflection,” Zweig opined, “allows for anti-foreignism to lurk under the surface.”

That partly explains why, in its long and checkered history, China has capriciously swung from a sentimental love-affair with things foreign to angry rejection — and back again.

Is xenophobia rearing its head again?

“This is not xenophobia,” a recent China Daily editorial stated. “It is people’s desire to live in a civilized society. Our government is under an obligation to make sure citizens live in a law-abiding country. The ongoing action against illegal immigration in no way compromises our hospitality to foreign guests.”

That is the kind of reassurance that expatriates in China badly need.

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

PRC’s response:

Home / Opinion / Editorials
Foreigners are still welcome
Updated: 2012-05-25 07:54 ( China Daily) Courtesy of MS and CNN
http://www.chinadaily.com.cn/opinion/2012-05/25/content_15384118.htm

Just as some in the West have wondered why most people here didn’t share their obsession with Chen Guangcheng, some people here have difficulty understanding the latest allegation that we are xenophobic.

Of course we feel wronged. We are anything but.

There are even some who feel that we have been friendlier to foreigners than to our own citizens.

If a few foreigners feel mistreated in China and conclude that we hate foreigners, or a few Chinese people feel that foreigners enjoy preferential treatment, it is only natural in a country with such diversity.

But when foreign media amplify such sentiments out of all proportion it is different, as normal public indignation at some foreign individuals’ misconduct is transformed into a “deep-rooted nationalistic hatred” for foreigners, and a routine crackdown against illegal immigration is castigated for being a crusade against all foreigners.

It is true the distasteful conduct of a couple of foreign nationals toward two Chinese women has provoked angry comments on the Web. And true, a nationwide action launched before the incident is still underway to clamp down on people who have entered the country illegally. But such occurrences are not unique to this country.

What is not true is the expat community in China is living in fear, as some overseas reports seem to suggest.

You would think that for those to whom the words “freedom of speech” come so readily to their lips would be tolerant of others’ words, even if those words seem less than friendly to their ears. But instead it seems such utterances are enough to incriminate the entire nation.

It is natural to criticize anyone who ignores basic social decencies and to prosecute someone who breaks the law.

And those countries accusing China of xenophobia for tackling illegal immigration should cast the beams out of their own eyes first as their immigration policies are a great deal harsher and stricter than ours.

Foreign nationals in China have nothing to fear as long as they have valid visas and do not break the law. Instead of receiving hostility or a cold shoulder as their home media try to suggest, they will continue to be treated as welcome guests.

China is not xenophobic, nor will it be because it aspires for more exchanges with others. Perhaps the overseas media’s portrayals of China’s hatred are really just a manifestation of their own xenophobia.

(China Daily 05/25/2012 page8)
ENDS

The Govinda (Mainali) miscarriage of justice murder case ruled for retrial after 15 years, so Immigration deports him. But there’s more intrigue.

mytest

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Hi Blog. Making headlines this past week has been the Govinda Mainali Murder Case, a cause celebre I’ve known about for years (thanks to a very active domestic support group with regular mailings in Japanese). It’s come to a head, where DNA evidence has finally cast enough doubt on the evidence behind the conviction (see Yomiuri article immediately below), and it’s come to light (see Japan Times editorial below) that the prosecution withheld (or didn’t bother to have tested) vital evidence from the court (yes, they can do that in Japan) that would have exonerated him. It also put him in double jeopardy, meaning trying him more than once for the same crime (technically illegal, but yes, they can do that in Japan), reversing a not-guilty decision in lower court. As if that wasn’t enough, note the date of the Yomiuri article below stating the negative DNA test (July 2011) — meaning it only took Japan’s criminal justice system about a year for him to finally get his retrial, on top of the 15 years he’s been incarcerated. And after all that, now that it looks like Govinda is going to have his name cleared, Immigration is just going to deport him. The police in Japan are sore losers.  (At least Sugaya Toshikazu, in a very similar situation to Govinda, got an apology in 2009 from public prosecutors, not deportation.)

Now, check out the details in Terrie’s Take below, where the plot really thickens because the murder victim, a prostitute in her off-hours, was an employee with TEPCO (yes, that TEPCO) with names of some high-level clients in her address books…

As Terrie Lloyd notes below (as have I in the Japan Times), the already prosecutor-heavy criminal justice system in Japan is even more so if the suspect is a NJ.  More and more it looks like Govinda Mainali was actually a patsy for the powerful because he was a convenient foreigner for the Japanese police to pin this on. I’ve already discussed in detail before how Japan’s criminal investigation system is fully stacked against NJ victims (start here with the Scott Kang and Matthew Lacey Cases, then progress to the Suraj Case, where the police have still gotten away with murder). The Govinda Case is yet another case study for everyone to remember for when the NJ are potential perps.  Can’t win either way once the Japanese police get their hands on you. Arudou Debito

////////////////////////////////////////
東電OL事件、再審の可能性…別人DNA検出
読売新聞 2011年7月21日(木)3時1分配信
Courtesy of CJ
http://headlines.yahoo.co.jp/hl?a=20110721-00000090-yom-soci

東京都渋谷区で1997年に起きた東京電力女性社員殺害事件で、強盗殺人罪により無期懲役が確定したネパール国籍の元飲食店員ゴビンダ・プラサド・マイナリ受刑者(44)が裁判のやり直しを求めた再審請求審で、東京高検が、被害者の体から採取された精液などのDNA鑑定を行った結果、精液は同受刑者以外の男性のもので、そのDNA型が殺害現場に残された体毛と一致したことがわかった。

「(マイナリ受刑者以外の)第三者が被害者と現場の部屋に入ったとは考えがたい」とした確定判決に誤りがあった可能性を示す新たな事実で、再審開始の公算が出てきた。

この事件でマイナリ受刑者は捜査段階から一貫して犯行を否認。同受刑者が犯人であることを直接示す証拠はなく、検察側は状況証拠を積み上げて起訴した。

2000年4月の1審・東京地裁判決は「被害者が第三者と現場にいた可能性も否定できない」として無罪としたが、同年12月の2審・東京高裁判決は逆転有罪とし、最高裁で03年11月に確定した。

マイナリ受刑者は05年3月、東京高裁に再審を請求した。

同高裁は今年1月、弁護側からの要請を受け、現場から採取された物証についてDNA鑑定の実施を検討するよう検察側に求めた。これを受け、東京高検が精液などのDNA鑑定を専門家に依頼していた。
最終更新:7月21日(木)3時1分

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

The Japan Times Friday, June 8, 2012
Mainali granted retrial, is let out of prison
DNA evidence of another man looks set to clear Nepalese
By MINORU MATSUTANI, Staff writer
http://www.japantimes.co.jp/text/nn20120608a1.html

The Tokyo High Court said Thursday it will retry Govinda Prasad Mainali, 45, a Nepalese man serving life in prison for the 1997 robbery-murder of a 39-year-old woman, because a DNA test in July contradicted the justification for its guilty verdict.

The high court also said Thursday Mainali’s sentence will be halted. He was later released from a Yokohama prison. He is expected to soon be placed in immigration custody for deportation, as he has been convicted of visa violations.

“We would like to express respect to the high court’s prompt and appropriate decision even though there was no room for doing otherwise,” Mainali’s attorneys said in a prepared statement.

“Prosecutors should comply with the decision, for doing so is in compliance with prosecutors’ philosophy: ‘Prosecutors must not regard guilty verdicts as their purpose and heavy punishments as their achievement.’ “

The Tokyo High Public Prosecutor’s Office immediately filed an objection to the court’s decision, with deputy chief Toshihiko Itami saying the decision was “totally unacceptable.”

One of his lawyers quoted Mainali as saying, “I am glad I found a judge who believes my innocence and truth.”

His wife, Radha, 42, expressed her gratitude at a news conference in Tokyo. His daughter, Alisha, 19, said the past 15 years were “very long and dark.” They came to Japan with another of Govinda’s daughters, Mithila, 21.

The victim, a Tokyo Electric Power Co. employee whose name was withheld and who engaged in prostitution at night, was found dead March 19, 1997, in a vacant apartment in Shibuya Ward, Tokyo. Mainali, who lived nearby, was arrested four days later on suspicion of overstaying his visa. He was later charged with murdering and robbing the woman, after police learned that Mainali was an acquaintance of hers, had a key to the flat and because a used condom found in the toilet at the scene contained semen that matched his DNA.

The district court acquitted Mainali in April 2000 because prosecutors failed to prove him guilty beyond a reasonable doubt. A urologist also testified that the semen in the condom greatly predated the day of the slaying. The court added there were several unclear points, including two strands of hair found on the victim that came from a third party.

However, when prosecutors appealed his acquittal, the Tokyo High Court found Mainali guilty in December 2000 and sentenced him to life behind bars even though no new evidence was presented. The high court said “it is difficult to think someone other than” Mainali brought her to the vacant apartment where she was slain and called his testimony unreliable.

The Supreme Court finalized the sentence three years later.

Mainali’s coming retrial is based on DNA tests carried out on semen found in and on the victim. It was that of another man and matched the hair fibers.

Prosecutors often appeal lower court-meted acquittals because they imply the case will be brought before a high or the Supreme Court, and thus do not violate the law against double jeopardy.

Japan, like many nations, bans double jeopardy, but the judicial system considers district court, high court and Supreme Court trials of the same party for the same alleged offense to be separate trials, unlike in other countries where the verdict in the trial of first instance stands.

Rest at http://www.japantimes.co.jp/text/nn20120608a1.html

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

The Japan Times Tuesday, June 12, 2012

EDITORIAL
Don’t delay justice any longer
http://www.japantimes.co.jp/text/ed20120612a1.html

The Tokyo High Court on June 7 decided to retry a Nepalese man serving a life sentence for the 1997 robbery-murder of a 39-year-old woman in Tokyo on the strength of new evidence and he was released at the court’s order. But the Tokyo High Public Prosecutors Office immediately filed an objection. The prosecutors office should refrain from any further moves to delay the start of the retrial because the high court decision is based on DNA evidence that suggests that the perpetrator was not Mainali.

A female employee of Tokyo Electric Power Co. was found dead in a vacant apartment in Maruyama-cho, Shibuya Ward, on March 19, 1997. Govinda Prasad Mainali, now 44, living nearby, was arrested four days later based on the fact that he had a key to the apartment and that semen left in a condom found in the apartment’ toilet matched his DNA. Mainali has consistently denied the charges.

The Tokyo District Court in April 2000 found him innocent. It said that it was not clear whether the condom was used at the time the crime was committed and that two strands of hair found on the victim came from a third party. But the Tokyo High Court in December the same year found him guilty primarily on the grounds that a notebook owned by the woman, who meticulously kept records on men she had sexual intercourse with, contained no reference to the condom in question.

Semen was also found inside the woman’s body. Its blood type matched that of another man, but the prosecution did not carry out a DNA test on the grounds that the amount was so small, and given the technological limits at the time, a DNA test was impossible.

In hearings to request a retrial for Mainali, his defense counsel called for a DNA test on the semen. A DNA test in July 2011 found that it did not match Mainali’s DNA, but that it did match the DNA of a strand of hair left on the carpet at the scene and a blood stain on the victim’s coat. These findings suggest that a different man was in the apartment when the crime was committed. The high court said that the findings constitute enough new evidence for a court to overturn the original guilty ruling against Mainali and render a not-guilty ruling.

Long after Mainali was found guilty, it was revealed that the prosecution had withheld critical evidence concerning the semen, the bloodstain and saliva found on the victim’s breast. A law should be enacted that requires the prosecution to reveal all its evidence to the court and the defense lawyers, and to punish all public prosecutors who do not comply. A system also should be devised to preserve evidence indefinitely for future testing if needed.

ENDS

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

Order issued to deport Nepalese man granted retrial over 1997 Tokyo murder
TOKYO, June 11, 2012 Kyodo, courtesy of JK
Order issued to deport Nepalese man granted retrial over 1997 Tokyo murder
http://english.kyodonews.jp/news/2012/06/163137.html

Immigration authorities on Monday issued an order to deport a Nepalese man who has been granted a retrial after the Tokyo High Court decided last Thursday to reopen the case of the murder of a Japanese woman in Tokyo in 1997.

Godinda Prasad Mainali, 45, who arrived in Japan in 1994, was convicted of overstaying his visa in 1997. Ongoing deliberations for a retrial will continue even with his absence from Japan.

On the order issued by the Tokyo Regional Immigration Bureau, Mainali is expected ot soon leave Japan along with his wife Radha, 42, and their two daughters Mithila, 20, and Alisha, 18, who came to Japan from Nepal last week.

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

Mainali to be deported soon

NHK World June 12, 2012, courtesy of JK

http://www3.nhk.or.jp/daily/english/20120611_24.html

A Nepalese man who was granted a retrial in the murder of a Japanese woman 15 years ago will leave for home soon.

Japan’s Immigration Bureau issued a deportation order for Govinda Prasad Mainali on Monday.

Mainali was released from prison and sent to an immigration facility in Yokohama after a Tokyo court granted his retrial. He had been serving a life sentence for the 1997 murder that took place in the capital.

Sources say Mainali wants to return to Nepal at his expense together with his wife and 2 daughters. The three came to Japan last week.

The Immigration Bureau plans to deport Mainali as soon as he is issued a passport by the Nepalese Embassy and his plane tickets are ready.

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

Nepalese Man Granted Retrial Ordered to Leave Japan

http://jen.jiji.com/jc/eng?g=eco&k=2012061100400

Tokyo, June 11 2012 (Jiji Press)–The Tokyo Regional Immigration Bureau’s Yokohama branch issued a deportation order Monday to a Nepalese man who was granted a retrial and released Thursday after being jailed for the murder of a Japanese woman in 1997.
Govinda Prasad Mainali, 45, has been in custody at the immigration office as his prison sentence for the killing of the Tokyo Electric Power Co. <9501> employee was halted. [sic]
Mainali is expected to return to Nepal on Tuesday at the earliest.
The office decided to deport Mainali, convicted of violating the immigration control law, as he wished to return home in an interview, officials said.
He is to return to Nepal after the Nepalese embassy in Tokyo issues a passport which he has sought.
(2012/06/11-13:40)

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

Japan Times Monday, June 11, 2012
http://www.japantimes.co.jp/text/nn20120611a3.html

Mainali faces difficult readjustment after 15 years in prison
Kyodo
KATHMANDU — The elder brother of a Nepalese man granted a retrial in Japan after serving 15 years in prison for the 1997 murder of a Japanese woman expects his sibling’s rehabilitation to be a challenge.

Indra Mainali, 54, who is waiting for Govinda Prasad Mainali’s return to Nepal, said while the Tokyo High Court’s decision on Thursday to grant a retrial has ended a chapter in Govinda’s suffering, another chapter of less tangible suffering is about to begin.

Govinda’s daughters felt during conversations with their father last week that 15 years of imprisonment have inflicted heavy psychological and emotional damage on their father, Indra said.

Mithila, 20, and Alisha, 18, met their father twice last week, the first time in prison and the second time at the Tokyo Regional Immigration Bureau’s Yokohama office, where he is currently in custody awaiting deportation. Including these meetings, the daughters have met their father only three times over the past 15 years.

After his long imprisonment, Govinda, 45, seemed very worried about how he will adjust to his family and social life, said Indra, who took over responsibility of Govinda’s family after his arrest and conviction in Japan.

Indra said his brother had not expected that he would leave prison the day he was granted a retrial.

According to Indra, prison security personnel suddenly told Mainali late afternoon on Thursday to pack his things and get ready.

They did not allow him time to say goodbye to other inmates.

They did not tell him that he was being released. Later, a police officer arrived at the prison and drove him to the immigration office.

“We expect in him a number of psychological (problems) and problems related to his rehabilitation in family and society…We will just try our best to bring him back to normalcy,” Indra said.
Rest at http://www.japantimes.co.jp/text/nn20120611a3.html

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

TERRIE’S TAKE

TT-665 — Govinda Mainali – Justice 15 Years Too Late, ebiz news from Japan
http://www.japaninc.com/tt665_Govinda_Mainali–justice_15_years_too_late

Last week something happened that we never expected to see:
the release of Govinda Prasad Mainali, a Nepalese who has
been in prison on and off since 1997. Mainali was released
to Immigration authorities, who are going to deport him for
overstaying his visa back in 1997, because the Tokyo High
Court finally agreed to a retrial of Mainali after new DNA
evidence.

Japan has an extremely high conviction rate for many
reasons, including some not to be proud of. One of these is
the willingness of the courts to hear prosecution testimony
with greater belief than anything the defense may say.
Particularly problematic is the acceptance of “induced”
confessions as if they were fact, even if the other
evidence is not sufficiently supported by actual facts.

Further, the conviction rate of foreigner suspects (you
definitely don’t want to be one) is a foregone conclusion,
with seemingly little or no interest by the courts about
who actually committed the crime when a foreigner is offered
up as the perp. There are a number of recorded cases where
the courts have actually SAID there has been insufficient
evidence for an ordinary conviction, but none-the-less
have convicted the defendant anyway, simply because the
prosecutors said they did it.

Unfortunately the Japanese police, immigration, and
prosecutors have the ability to “disappear” suspects for
days or even months while they mercilessly interrogate them
so as to extract a confession. This is not just a foreigner
thing. The abuse of this system became so bad that several
years ago new laws were pushed through that now require
prosecutors to record their interrogation interviews.
However, this doesn’t force them to treat the suspect
humanely and there are still lots of ways for them to
induce a confession outside of the actual interrogation.
And, well, the recorder could always just run out of
batteries…

The case of Govinda Mainali is particularly distressing,
and reminds all foreigners that through seemingly innocent
circumstances we could just as easily be caught up in a
similar situation. Reading about his case makes you feel
like we’re living in an emerging economy in the Middle East
rather than a first-world country like Japan. In
particular, we feel that his is a case where his race and
foreignness played a large part in how he was treated. At
the same time we concede that Japan does not have a
monopoly on unfair treatment by the courts. There are
plenty of examples in the UK and USA to compare.

The background to his case is that he was a restaurant
worker in Shibuya and who shared an apartment with four
others. Unfortunately for him, he started seeing a local
hooker, Yasuko Watanabe, and struck up a relationship with
her. By all accounts they didn’t see each other often, but
at some point he helped her get access to a vacant
apartment near his, and she used to take her customers
there — four men a night, virtually every night. What is
weird is that she was leading a double life and by day was
a highly paid researcher for Tokyo Electric Power Co.
(TEPCO). When she was found murdered in the vacant
apartment, Mainali became the prime suspect by virtue of
the fact that he had a key to the apartment and that his
name was in her diary.

The problem for Mainali is that he lied initially, saying
he didn’t know her, which of course made the police
suspicious. At some point he changed his story and agreed
that he’d slept with her, but the damage was done. The fact
that he lied wasn’t surprising, considering he was an
overstayer and was no doubt fearful of what might happen to
him, but once he started down that slippery slope, the
prosecutors pieced together all the circumstantial evidence
and decided they had their man.

Mainali had good lawyers, however, who decided there was
an injustice being done and made a crusade out of getting him
freed. In 2000 his case was thrown out by the Tokyo
District Court for lack of evidence. At that point, if he
was a Japanese he would have been let go, but because the
outstanding deportation order, the Prosecutor’s office
successfully had him kept in jail while they appealed to a
higher court. With the second trial he was found guilty and
sentenced. A subsequent Supreme Court appeal also failed.

It was only after 15 long years of appeals by Mainali’s
lawyer and a change of judge, that the prosecutor’s office
was forced to admit they had untested sperm samples in
a freezer. Just recently they reluctantly and finally
tested the DNA from the victim and they found — guess what
— the DNA wasn’t his.

What is interesting is that Yasuko Watanabe kept meticulous
records of her customers, and on that list was one of her
bosses at TEPCO, where she worked. Who else was she seeing?
Was Mainali a fall-guy for something deeper and darker?
There are various Japanese websites that speculate that
Watanabe in her day job, having written a number of damning
internal reports about nuclear power risks at TEPCO,
coupled with an affair with one of her bosses (possibly the
current Chairman of the company), meant that she was
silenced by the Yakuza on the behalf of “someone”.

Another key point, and the reason for Mainali’s release was
the fact that the Prosecutor’s office seemingly never
revealed to several appeal courts (the High Court and the
Supreme Court) that they didn’t do a DNA test on sperm
inside the victim’s body. Given how crucial it was to the
case, how is that even possible?

Anyway, Mainali is now going to be deported. No word yet on
whether he is going to be allowed back to represent himself
at the re-trial, and certainly if we were him, we wouldn’t
be planning to come back to Japan, ever. However, at that
hearing, if he is found not guilty through lack of
evidence, as he was back in 2000, then there is the small
issue of compensation. If he was in some other countries,
he might be able to claim hundreds of thousands of dollars
in mental anguish, physical hardship, and lost earnings.

But this is Japan, and in one case a South American woman
who was arrested by the Chiba Prefectural Police was
illegally confined at a hotel for 10 days until they got an
arrest warrant (god knows what actually went on at the
hotel). She was awarded JPY2m in compensation for wrongful
detention. It didn’t do her much good, though, as the court
still imprisoned her on her hotel confession even though
she retracted it once they properly charged her. She got 8
years and has no doubt been deported by now…

We wish Mainali the best of luck with the rest of his life,
and hope that his case knocks some sense into the Japanese
courts and the Prosecutor’s Office, since it’s apparent
that they were highly embarrassed by the turn of events.
But the fact is that a foreigner falling afoul of the
Japanese legal system doesn’t have a hope in hell of
getting a fair trial. In our opinion, the first step in
getting Japan to address the obvious inequalities towards
foreigners in the legal system is to pass a law making
prosecutors who hide/withhold evidence open to legal
charges themselves.

Secondly, racial discrimination against non-Japanese should
be illegal, especially by law enforcement bodies. According
to a book from Mainali’s supporters, in 1997, 76.1% of
Japanese suspects were held in custody, whereas for
foreigners the number was 99%. Apart from being a overdue
concession to human rights, equal treatment would also give
overstayers a foothold to appeal on the grounds that they
should get the same level of legal consideration that any
Japanese would expect.

Thirdly, Japan also needs to recant the death penalty.
We’re not sure why Mainali wasn’t put on the death row, but
he did get the second most harsh sentence — that of
indefinite life imprisonment. If he had been on death row,
it’s possible that after the 2003 Supreme Court appeal
failed, that he would have been hanged. Too late, then, for
apologies later.

Lastly, it is also obvious that Japan needs stricter
suspect detention rights rules, such as giving prisoners
access to legal advice and protection from abusive law
authorities, and habeus corpus procedures that require the
police and immigration to prove that they actually have
legal right to hold someone. These are obvious and simple
rights that most first-world citizens and residents take
for granted. Many people would be shocked if they knew just
how primitive the system is in Japan, and how easy it is
for foreigners in particular to fall into the legal
system’s maw.

References:

* Background to the case — http://bit.ly/KbSqwv
* Defense group’s indictment of the pathetic decision made
by the Supreme Court in the face of fresh evidence —
http://bit.ly/Kcb2wj
* Wikipedia account by Japanese — http://bit.ly/MwCPDe

ENDS

GOJ embryonic policymaking reboot for “co-existence with foreigners”: Some good stuff, but once again, policy about NJ without any input from them

mytest

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Hi Blog.  We have an important announcement courtesy of academic listserv H-JAPAN:

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

H-JAPAN
May 31, 2012
Date: Thu, 31 May 2012
From: JFMorris
Subject: Multiculturalism in Japan

Dear List members,

A committee has been set up within the Cabinet Office of Japan, composed of the vice-ministers of the Cabinet Secretariat, Ministry of Internal Affairs and Communications, Ministiry of Law, Foreign Affairs, Finance, Education etc, Health etc, Agricutlure etc, Industry etc, Land etc, Police to investigate and recommend policy on “co-existence with foreigners”. Information on the committee can be found at the following URL.

http://www.cas.go.jp/jp/seisaku/kyousei/index.html

The documentation provided here gives a very succinct summary of what the government (national level bureaucrats?) of Japan think about “foreigners” here, and how they formulate their perceptions of what the “problems” are, and very vaguely hint at where they see future solutions.

John Morris
Miyagi Gakuin Women’s University

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

COMMENT:  Many thanks to John Morris for the link.  I wish he would have elaborated on the contents of the summaries, so I will.

As concerns the goals of Debito.org (inter alia the promotion of multiracial/multicultural tolerance and and of diversity in Japanese society), here are some points of note:

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

SUMMARY:  This is not the first time the organs of the Japanese government have talked about “coexistence with foreigners” (gaikokujin to no kyousei shakai jitsugen), but more likely than not these happen at the local level (cf. the Hamamatsu Sengen, which happened repeatedly from over a decade ago yet was studiously ignored at the national level).  Now that discussion on this is taking place at the national, Cabinet level, this is a positive development.  However, these meetings (two so far, the first one was less than an hour) at the outset show the hallmarks of so much Japanese policymaking:  a biased agenda (with all the normalized invective of “wagakuni” (our country) semantically offsetting those foreigners (who have to “co-exist” with Japanese, not merge into one polity)) regarding the policy treatment of people without any input from the people being treated.  Inevitable blind spots, such as an overemphasis on Nikkei and children’s education, are already latent in the materials below.  In any case, this is a very interesting and rare view into the dialogs and mindsets behind the creation of public policy re Non-Japanese (NJ) in Japan.  More detailed summaries and analysis follow below.

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

Here is the cover of the anchor site for this policy debate (click to enlarge):

The goal written therein is interesting:  “This deliberative meeting on ‘a society coexisting with foreigners’ has been set up so that related government ministries can deliberate comprehensively in close cooperation with one another, regarding the various problems related to environmental preparations (kankyou seibi) for realizing a society where we can coexist with foreigners who have livelihoods in Japan, in order to promote the undertaking of related policies at all levels of government.” (my translation)

Okay, we’re coordinating something regarding “policy issues” (which is good, since in Japan’s tate-wari bureaucracy the ministries don’t coordinate much with each other).  So who’s attending?  According to the attached konkyo kouseiin for the May 24, 2012 meeting (click to enlarge):

It’s all governmental vice ministers (fuku daijin) from The Cabinet, Internal Affairs & Communications (Soumusho), Justice, Foreign Affairs, Finance, Education, Health & Welfare, Agriculture, Forests & Fisheries (how are they related?), METI, Posts and Communications, and the National Police Agency (there as a jichou).  The chair is former Education Minister Nakagawa Masaharu (under the interestingly-named title of “State Minister in Charge of the Foreign Laborer Problem” (gaikokujin roudousha mondai o tantou suru kokumu daijin), meaning semantically we’ve already problematized a latent “problem” of foreigners into foreign laborers). (More on Nakagawa in Japanese at the renewed Noda Cabinet Profiles here)

Note that there is not a single Non-Japanese (NJ) involved anywhere at the agenda-setting stage.  (Not even the token Gregory Clark, who never misses an opportunity to claim how open-minded the Japanese must be because officials insert him on blue-ribbon shingikai deliberation councils and committees.  Maybe that’s for the better this time, since we really don’t need bigoted geriatric liars with an incredible sense of entitlement telling the GOJ what to do about NJ residents who have completely different socioeconomic statuses to his.)  Anyway, it seems the government obviously knows best what to do with the “foreign laborer problem” from the outset.  Who needs foreign residents’ involvement when it’s a Japan issue?

Note how there is some vital lack of definition.  What does “coexistence” mean exactly — tolerance, acceptance, gated communities, patchwork cultural neighborhoods, or complete subsumption of “foreign cultures” in favor of “Japanese culture” (douka)?  Nor is the “kankyou seibi” made all that clear.  For example, does this this include a law (with actual penalties for offenders) against racial discrimination?  People won’t leave home without it.

You can see the materials submitted to participants in the first meeting, including several reference materials from each ministry from the following links (this was clearly a meeting planned well in advance; good):

【配付資料】
 資料1-1 「外国人との共生社会」実現検討会議の開催について
 資料1-2 「外国人との共生社会」実現検討会議の開催について(開催要綱)
 資料1-3 当面の検討会議スケジュール(案)
 資料1-4 有識者ヒアリング候補者(案)
 資料2 外国人との共生社会の実現に向けた主な論点、検討課題(例)
 資料3 法務省提出資料
 資料4 厚生労働省提出資料
 資料5 文部科学省提出資料
 資料6 警察庁提出資料
 資料7 内閣府提出資料

Material 1-1 is interesting in that the main goals are listed as:

  1. What form a society coexisting with foreigners will take
  2. What “environmental preparations” (kankyou seibi) will be undertaken to realize this society
  3. How to enliven (kasseika) the national debate (kokumin teki giron) which will also include the acceptance (uke ire) of foreigners
  4. What other topics and issues of special attention (ryuu i ten) will be involved in realizing this coexistence with foreigners

Those goals are elaborated in greater detail within Material 1-1 (more below).  Prima facie, these are all positive directions, especially the national debate bit to get the public on board to convince them that NJ are also a part of society. However, unclear (as always) is the word “uke ire“, which can run the gamut of meanings from “acceptance and embracement” to “just letting them cross the border into Japan” (as in the yahoo dictionary definition example:  “この国は移民の受け入れに年間2,000人の枠を設けている The quota of immigrants to be received [acceptedinto this country is set at 2,000 per year.”)  Given Japan’s record on immigration policy (and the fact that even the word “imin” (immigrant/immigration) doesn’t seem to be appearing anywhere, this word does not conjure as positive an example of acceptance *as Japanese residents and Japanese citizens* as one would like.

Material 1-1 also mentions in that greater detail the two steps that this plan will take:  1) GOJ deliberations on the kankyou seibi, 2) public debate on how to “accept foreigners”.  However, this will take place ONLY AFTER the kankyou seibi are firmly established.  The policy aim also stresses that it policy is not to be expanded to accept more foreigners (uke ire kakudai), but rather it is important first “to improve the many problems of foreigners who are actually living in our country”, listed as issues of lifestyles, education, labor conditions etc..  Kankyou seibi must be done first, however.  Then, however, if I’m not somehow misunderstanding this, it stresses in the next paragraph how our country must increase its attractiveness and appeal as a place that will “draw foreigners in to revitalize our society” (wagakuni shakai ni katsuryoku o motarasu gaikokujin o hikitsukeru).  Somehow I have the feeling I’ve heard this before.  And again, a “smooth public debate” is fine.  But how about seibi-ing that legal environment to outlaw discrimination?  Not clear.

It’s not any clearer when you read the finer print.  Material 2 above lists these as the problems to be addressed already (paraphrases):

  1. Our country needs high-quality people (koudo jinzai) to keep us vibrant in this era of globalization and aging/falling Japanese population, so for that dynamism we need foreigners.  
  2. There have been “social costs” (shakaiteki kosuto) to bringing foreigners into our country before, particularly in regards to lifestyles, education, and labor, so this should not be broadened due to [and I’m seriously translating this bit:] “being opened up as an international society will probably lead to our country’s reputation being downgraded” (kokusai shakai ni okeru hirakareta kuni to shite no hyouka o teika saseru koto ni mo tsunagaru). [Moodys, are you listening?]
  3. We want to attract “better foreigners” (again, koudo jinzai), given what happened with the Nikkei South Americans and NJ residents living here so far, with more systematic policies to bring them in and maintain our country’s reputation.
  4. We need these plans to be medium- and long-term, given the demographics.
  5. We need to keep our people (kokumin) in the debate loop and build consensus for the future about bringing in foreign labor.

Wow, what paroxysms of grief those lackluster NJ entrants up to now have put Japanese society through!  That said, these are the things (page 3) this panel is thinking about regarding how to treat NJ (in other words, its not just what we can take from NJ, but also what we need to give them):

  1. Policies that will make them functional in Japanese (e.g., promotion of J language learning in local areas, with appraisals, encouragement of teachers, and possible requirement (gimu zukeru koto) [for visa renewals?])
  2. Educating their children (e.g., stopping school absenteeism, putting in qualified J language teachers in public schools, assisting NJ children into higher-quality education, promoting education in NJ schools [!!!], promoting J language education for their parents, offering NJ children other educational opportunities, etc.)
  3. How they will be hired and will work (e.g., not merely treating them as cheap labor but improving their working conditions and social insurance, with job training in sectors such as nursing, agriculture etc., through bringing in higher-skilled workers, and even think about a “foreign employment law” (gaikokujin koyouhou) [!!!]  This would not be limited to the Nikkei South American workers [was it implicitly before?])
  4. How they will have medical treatment and social security (e.g., get them on Social Insurance, get their kids covered, and think about to set up an effective translation system)
  5. Stable places for them to live (e.g., offer basic information about how and where to live, and take measures to alleviate the fears of private-sector landlords afraid of NJ)
  6. How to deal with “public safety” problems (e.g., how to police NJ in this age of globalized crime)
  7. How to make information available in several languages (e.g., multilingual internet sites, more information sent overseas [??], one-stop information and assistance centers, multilingual disaster information, multilingual traffic information and driver license tests)
  8. Mutual respect for each others’ culture and promoting understandings (e.g., multicultural education, and thinking about introducing an integrated program for Japanese studies as soon as people enter Japan)
  9. How to work in coordination with local governments and burden-share (e.g., have local governments understand the needs of their local NJ and offer them concrete and customized service)  Etc.

There are further clarifications for each subject from page 4 onwards (listed in parentheses afterwards).  This is some very heady and prescient stuff (I can see why bureaucrats don’t want sweaty-headed public debate meddling until they get the “environment” set up first), and something which if carried out will be a great improvement over the past.  However, unclear again is how some issues (such as apartment refusals) will be enforced through the existing legal/administrative framework, or how the present system will be changed to make jobs more secure and equal in treatment (such as in Japanese academia (which I happen to know a bit about), which advertises that it wants foreign PhDs but then only offers them limited-term contracts, not tenure or an equal collegial footing).  Nice to have this wish list.  Better to say, however, that we need legal structure (hou seibi) to back it up, even at this drawing-board stage.

The MOJ’s brief (Material 3 above) starts out with bare stats of who and how many NJ are here and what they are up to.  But then on page 7 they get into how NJ should be administered (kanri — natch, that’s their job).  But it uses the hackneyed kokusaika (internationalization) of Japan just in terms of numbers without (as usual) indicating an understanding about what true internationalization really means (as in making NJ into Japanese).  Instead, the MOJ focuses (as usual) on how little control they have over NJ once they pass through Japan’s borders, and advocates the quick implementation of policy carrots and sticks — carrots portrayed as keeping tabs on NJ’s social welfare and children’s education (as if that’s within their mandate), and sticks meaning visa overstayers get rooted out ever more efficiently.  We’ve seen this in action in the upcoming end of the Gaijin Cards (in favor of remotely-trackable Zairyuu Cards (mentioned on page 8 ) that link visa approval to enrollment in Japan’s insolvent pension schemes), and it’s pretty plain to see who’s engineered that future fiasco.  If you’re ready for a giggle, check out the smiling “example NJ” on page 9 being subjected to this proposal, complete with white skin and blue eyes (even though most of the NJ these labor policies will attract are probably not White people — because they never have been).  In sum, the MOJ offers nothing new except more policing.

The Health & Welfare Ministry’s brief (Material 4 above) offers the background information on what NJ are up to again, but has on page 2 a special focus (over half the page) on how to care for Nikkei NJ (displaying once again that GOJ focus on offering more assistance “to the family” linked by Japanese blood).  The measures proposed are decent (mentioned in the Material 2 outline above).  For the the garden-variety NJ, however, it’s not clear what’s to be done as discrimination by nationality in working conditions and in introductions to jobs is already “outlawed” (kinshi) (as if that’s made much difference up to now).  But the Ministry points out (page 3) how there’s no clause in the laws guaranteeing equal treatment regardless of nationality in the social insurance system, and wants improvements made regarding how foreigners are employed.  The solution to this Ministry is the upcoming revisions in the registry rules to make everyone accountable under the pension and social welfare systems.  Not much new here — no mention of how to stop J employers screwing their NJ workers out of social insurance by not paying their half of the required contributions, for example.  A newer idea, however, is on page 4, where they outline the policy for attracting higher-quality NJ (again, koudo jinzai), i.e., a “points system” (itself highly problematic) for which came into effect May 7 of this year; the Ministry wants 300,000 “shitsu no takai” foreign students etc. to be handled under “job matching” systems at Hello Work unemployment agencies nationwide.  It also wants GOJ assistance with post-university job searches and internships, and reformed personnel management with clearer hiring practices for international workers.  Okay, decent stuff, but let’s wait and see if any of this comes to fruition.

The Ministry of Education’s brief (Material 5 above) is brief indeed, with a rehash of what they say they concluded in May 2010:  Deliberation of how to institute Japanese language education environments in Grade School and Junior High, and allowing NJ schools in Japan to become educational foundations [!!!].  More details are on page 2, where details of note include an increase of Japanese-language teachers by 350 souls (to a total of 1385 people nationwide) since 2009, making and distributing educational guidebooks, yada yada.  Also notable is the lumped treatment of J “returnee children” (rendered as kikoku/gaikokujin jidousei) as foreigners.  No mention of reforming the Basic Education Law (kyouiku kihon hou) to also guarantee education to non-citizens (given the restrictive kokumin clauses already within it, which still enables Japanese schools to refuse NJ children).  No anti-bullying discussions, either, or possible sensitivity training workshops for teachers if not students.  MoE’s assumptions within its lackluster proposals seem to be that if you make some motions to teach foreigners (and somehow by extension returnee Japanese) the Japanese language, they’ve done their job and all’s resolved nationwide.

The National Police Agency’s brief (Material 6 above) is even briefer, with one page of crime stats (which has dramatically fallen across the board yet they managed to squeeze in a crime rise somehow — i.e., NJ as collaborators with Japanese in Japanese crimes) with fingers pointed at Chinese, Vietnamese, Peruvians, and Brazilians as inter alia thieves and marriage visa defrauders.

They offer no proposals whatsoever.  Why are they even in on this discussion?  (The MoJ is already offering enough policing.)  Do we get the police involved on every social policy reform council, or is it just because we’re dealing with inherently untrustworthy criminal NJ?

The Cabinet’s brief (Material 7 above) offers a full overview of “our own” — with seven pages concentrating solely on Nikkei NJ.  Aside from this more-than-just-a-little offensive blood-fixation prioritizing of foreigners in Japan, we have observations about how these days Nikkei cannot get jobs or get Japanese language skills, their kids cannot get an education, and how they’ve taken emergency policies since January 2009 (as opposed to the GOJ’s emergency airlift of Nikkei — only — back to South America from April 2009?).  The rest of the proposals are basically as above, in what seems to be a summary of everyone’s positions.

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

Future discussions (a total of five meetings, through July, according to Material 1-3 above) will involve a hearing with experts in the field on “the shape of the NJ coexistence society” (Meeting 2, June 1, details below); another meeting with those experts “about taking on the issues ‘in the field’ (genba de) where NJ have their livelihoods” (Meeting 3, June 15, preliminary details below); yet another meeting with those experts about accepting those NJ (regarding “views” (shiten) and “issues warranting special attention” (ryuu i ten) in accordance with realizing that co-existence society) (Meeting 4).  And finally, the last scheduled meeting for now will bring the previous meetings’ discussions together to consider a 25-year tentative plan for realizing those concrete policies for kankyou seibi.

It’s a better-formed plan and timetable for discussing these issues than I’ve ever seen before (and it’s also been opened to public scrutiny).  All good, but here’s your scrutiny:

I still have no idea what kankyou seibi is (neither do they, I think; that’s why they’re getting together to discuss it).  But the inputs are as usual limited to people (presumably no women, no young people, and no working-class people) who will never be directly affected by this policy because they have never been foreigners in Japan.  I’m probably reading too much into the following, but semantically, NJ are seen as almost a different breed of animal that needs to be studied in their natural habitat.  Still no sign of any of those NJ animals being let in on any GOJ meetings to speak for themselves.

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

Meeting Two was held very promptly afterwards, on June 1, 2012, and for what looks to have been a longer time (two hours on paper).  Here’s the cover page (click to enlarge):

Now involved are three “persons of awareness” (yuushikisha), who are a Mr. Ikegami Shigehiro (a full professor from Shizuoka’s University of Art and Culture, who writes a lot about Indonesian culture and migrant Indonesians; even uses the word “emigrants”), a Mr. Iguchi Yasushi (a former bureaucrat at the Ministry of Labor turned full professor at Kansai Gakuin University, whose specialty is the unemployed and labor migration; here’s his CV in English), and a Mr Satou Gun’ei (Vice Dean at Tokyo Gakugei University’s Center for Research in International Awareness, whose specialty is on transnationals and Japanese language education, particularly Japanese children overseas).

Again, these people are no doubt well-intentioned and well-researched about situations facing NJ in Japan.  But they are not NJ, with “NJ awareness”; there is no substitute for that.

You can see their submitted materials here (along with other materials from that meeting) from these links:

【配付資料】
 資料1 池上氏提出資料
 資料2 井口氏提出資料
 資料3 佐藤氏提出資料
 参考資料1 「外国人との共生社会」実現検討会議の開催について(要綱)
 参考資料2 当面の検討会議スケジュール
 参考資料3 有識者ヒアリング参集者
 参考資料4 外国人との共生社会の実現に向けた主な論点、検討課題(例)

Another brief summary of the materials above:

Mr Ikegami (Material 1) offers an overview that goes beyond Nikkei to include Chinese and Filipinas/nos too.  Aside from overviews of the economic forces at work on NJ labor, he saliently proposes (of note): 1) officially defining “multicultural coexistence” (tabunka kyousei), 2) coordinated entry and social integration procedures, 3) regional coordination that includes NJ, etc.  He also endorses an awareness of “transnational livelihoods”, not dividing the issue into “Japanese and foreigners”, etc.  His heart’s in the right place, but proposals are still at the slogan stage.  I assume he elaborated on his points orally.

Mr Iguchi (Material 2) has a five-pager that still resorts to the divisive “wagakuni” (our country) invective, but still endeavors to portray NJ as deserving something more than just a ticket home.  He stresses the issue of “social integration” (shakai tougou).  He writes a bit of fluff here and there that the bureaucrats are probably not interested in (such as the treatment of Burmese refugees), but does overturn a few unconsidered stones:  how the mixed bag of overseas policies towards foreign “cultural identities” have resulted in potential backlashes if they are not respected; how “multicultural coexistence” is not an imported concept in Japan’s case, but one generated from Japan’s grassroots — i.e., from Japan’s local governments, such as when Kawasaki City passed policies in the 1990s benefiting “foreign-national residents”; how important language is for not only communication, but also for securing permanent residency and citizenship [!!]; how NJ rights must be respected and enforced through Hello Work and local governments [!!], etc.  He advocates immediately 1) the GOJ use the July NJ registration reforms as an opportunity to get Hello Work and local governments helping NJ enlisted in employment insurance and social insurance, as well as to promote secure jobs for them, and 2) get employers to properly insure their NJ employees and ensure flexibility towards covering their families.  He advocates that within the next five years NJ get up to speed in Japanese through standardized education, evaluation, and systematic accreditation of J language teachers.  Beyond that, mid-term suggestions include 1) proper technical accreditation for young NJ trained technicians aimed at properly matched markets, 2) periodic lists of vocations in desperate need of workers and training programs for NJ to fill them, 3) exchanges through educational accords with other countries at the university level to bring in foreign researchers and students (as well as beef up language accreditation for imported NJ workers, with targeted language education for them; example cited being the plight thus far of foreign nurses and health care workers).  His final, underlined conclusion was that to restore Japan’s economic vitality, it is essential to bring in NJ (specifically high-quality foreign labor, Nikkei, technical trainees, and refugees [!!] for specific industries, and to accomplish that, concrete policies are necessary to encourage proper administration of NJ as well as encourage social integration at the national, regional, and local levels.  Surely true.  The attitude, however, is still one of “we’re going to wipe the slate clean and start treating foreigners better from when they enter at the border”, not one of making things better for the NJ already here.  Ah well, gotta start somewhere, I suppose.

Mr Satou (Material 3) offered a bullet-point summary, focusing on 1) the present state of NJ children’s education, 2) evolution of the characteristics of educational policies towards NJ children, 3) issues within those education policies, and 4) future issues with a view towards multicultural coexistence.  Quite frankly, it was jolly difficult for me to understand within which was an observation and which was policy advice.  Some points made that don’t overlap Ikegami’s and Iguchi’s, to wit:  1) education of NJ has not developed into talk of reform of the education system to accommodate them, but rather of how individuals will cope with their education, 2) basic principles of guarantees of rights from the perspective of multiculturalism must be made clear before proper “acceptance” (uke ire) can take place, 3) Japanese children should be schooled in tolerance of others as fellow residents (shimin — rendered later as “citizens” (as in shiminsei no kyouiku, “citizenship education”)).  Good stuff and better constructs included, especially the new civics lessons, but in the end, this came off as a laundry-list outline/survey of issues and problems with relatively unclear proposals.

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

Meeting 3, according to Material 1-4 distributed May 24, 2012, says that the June 15 hearing will involve the mayor of Hamamatsu City, Shizuoka Prefecture (since so many NJ are clustered there working in factories), the unnamed head of Tokyo Shinjuku-ku (where “a lawless zone of foreign crime” Kabukicho is; I assume a bureaucrat?), a Mr Tamura Taro, representative of the Multicultural Center Osaka (which works a lot with Nikkei Brazilian issues), and a Ms Sakamoto Kumiko, head of NPO Aidensha (which works with Portuguese speakers etc. in Mie Prefecture explaining Japan’s rules, helping them get homes and proper insurances, and assisting in translations etc.)

Again, all no doubt well-intentioned people.  A bit top-heavy on the Nikkei Brazilian front, again.  I guess Chinese aren’t prioritized as highly due to a lack of blood ties, and where are the Peruvians, Filippinas/nos, and other NJ?

The remaining materials were essentially repeats of the earlier materials.  Enough; my eyes are tired.  Points I missed or got wrong, please feel free to correct.  Thanks for reading. Arudou Debito

UPDATE JUNE 27, 2012:  MEETING THREE OF JUNE 15, 2012 CRITIQUED HERE:

GOJ Cabinet “Coexistence with NJ” Pt. 2: Critique of June 15, 2012 meeting — a very positive Third Act to this Political Theatre

Commemorating the Japan Times Community Page’s 10th Anniversary, a brief column by Arudou Debito, May 8, 2012

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Books etc. by ARUDOU Debito (click on icon):
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Hi Blog. As the very popular and quite influential Community Page at the Japan Times celebrated its 10th Anniversary this week, I was asked (along with their former editor and best reporter) to say a few words as their featured columnist (now for four years plus). Here’s what I said. There are links to other celebratory articles below that. Enjoy, and congrats Community Page. You’re doing great things. Thanks for being there for our writings, and for us. Arudou Debito

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

The Japan Times Tuesday, May 8, 2012
THE ZEIT GIST

A decade serving the community

Wednesday marks the 10-year anniversary of the Community pages, which have been providing news, analysis and opinion by, for and about the foreign community in Japan since May 9, 2002.

Here, an editor, columnist and writer who helped make the section what it is today reflect on the first decade of the Community section.

Full article at http://www.japantimes.co.jp/text/fl20120508zg.html

The Columnist’s section:

The columnist: ARUDOU, Debito

I remember my first article on the Community Page back in June 2002, after I jumped ship as a columnist at the Japan Today website.

Having been an infrequent contributor to other publications, I was impressed by the comparative professionalism at The Japan Times: I was never forced to toe any editorial line by the Community Page (unlike, say, the vanity projects that pass for English-language newspapers at the Asahi and Yomiuri, who tend to take criticism of Japan in English by NJ authors as a personal affront).

It was also nice that the JT paid its contributors the amount as promised promptly, something relatively rare in this business.

Honesty has served the Community Page well. Over the past decade, we have had hundreds of contributors writing exposes on subjects few other domestic outlets would touch, including unequal hiring practices due to nationality, the merits of unionization, international divorces from the studiously ignored NJ partner’s perspective, the Japanese judiciary’s systematic discrimination against claimants based on race or social origin, the biased treatment of NJ crime by police and the media, public policies and government statements that latently and blatantly disenfranchise whole peoples in Japan, one’s rights under the law and revised visa regimes, and even new takes on the perennial debate over the epithet “gaijin.”

Where else in our domestic media could this motley collection of journalists, scholars, pundits, activists and general malcontents consistently splash their views across a page (now two) every Tuesday — and have their presence permanently recorded in this country’s best online archive of English articles on Japan?

For that matter, where else in Japan’s media does anyone even acknowledge that there is a “community” of NJ in Japan, or offer authoritative information specifically for the benefit of this community? Only here.

I have been honored to not only have had more than a hundred of my articles featured here since 2002, but also to have the ideas debated in a venue that people, including academics and Japanese policymakers, take seriously.

For example, my favorite Community Page memory is the reaction from “Forensic Science Fiction: Bad science and racism underpin police policy” (Jan. 13, 2004), where I critiqued the National Research Institute for Police Science’s highly unscientific “DNA tests for foreigners.”. They claimed that you could examine biotic evidence at crime scenes and tell whether the suspect was foreign or not. They sold this snake oil to us taxpayers for years by claiming that “foreign proteins are different than Japanese.”

When I telephoned NRIPS on different business shortly afterwards, the person on the other end immediately knew me by name, and with no invitation launched into a defense of the policy as “having nothing to do with foreigners.”

I then pulled up the policy and read it back to him. “The very title says, ‘Developing an index using biological materials in order to expose foreign crime.’ In case you haven’t figured it out yet, I can read Japanese. Can you?” I got a gasp and then a delicious silence. Plus, in a country where the police ignore media scrutiny and even get away with murder (ZG, Nov. 1, 2011), the NRIPS still felt obligated a month later to send the JT a flaccid letter of denial. Gotcha.

In sum, I have observed three definite stages in the development of the NJ “community” since I got to Japan. In the 1990s, communities were forming during the influx of foreign labor, with some regions reaching double-digit population percentages of NJ. In the 2000s, NJ communities came under attack by xenophobes and chauvinist politicians who firmly believe the fiction that more foreigners means less Japan. And now, in the 2010s, we’re watching the NJ communities attacking themselves, cleaving into one-upping camps over who is “more dedicated to Japan” in this era of perpetual stagnation, rollover disasters and seemingly endless self-sacrifice.

The Community Page, despite all of that, stands as our outlet, and our legacy. Long may it run.

ARUDOU, Debito is the Just Be Cause columnist for The Japan Times
=============================

Mainichi: JHS teacher arrested for defrauding insurance companies by repeatedly claiming his luggage was stolen by foreigners!

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
Novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY: The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog. Chalk this one up to the idiocracy that springs up whenever unquestioned hegemonic discourse (i.e., “foreigners commit crime”) in a society leads to too much giving the benefit of the doubt. We have some Japanese guy (a junior high school teacher, no less) repeatedly “losing” his luggage while traveling and then successfully getting insurance paid out on it due to claims of “thefts by foreigners”. (The idiot did it with enough frequency that cops became suspicious because they remembered his claims.)

Frauds and blaming foreigners are nothing new. I wrote a whole Japan Times column in 2007 on how foreigners have been targets of a “Blame Game” for many years now. But often it goes beyond comical. We have a trucker in 2004 who overslept his appointment and then formally blamed it on being kidnapped by foreigners. We have a bosozoku biker gang that same year who killed somebody and tried to blame it on a foreign gang.  And we have murder suspects in 2006 who tried to blame a homicide on a lurking “blond man” (in a city with very few foreigners to boot).

Clearly the “foreign crime wave” which was fabricated by Tokyo Gov. Ishihara from 2000 has cast a long shadow. As submitter Becky says, “No wonder they get microaggressive, look at all the crime we commit!” Arudou Debito

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

Police nab man for allegedly claiming theft of non-existent luggage
Mainichi Japan April 05, 2012, courtesy of Becky
http://mainichi.jp/english/english/newsselect/news/20120405p2a00m0na011000c.html
(no Japanese version found)

OSAKA — A man was arrested here on April 4 for allegedly reporting a non-existent bag stolen at Kansai International Airport and claiming insurance money for it.

Satoshi Kita, a 39-year-old junior high school teacher, received a 236,433-yen travel insurance payout after claiming his bag containing a laptop computer and other items had been stolen by a foreign couple near the airport train station on Aug. 4 last year, when he returned from a trip to Taiwan. An officer with the Osaka Prefectural Police’s Kansai airport station who remembered Kita’s original theft report became suspicious of his claims after reviewing airport security camera footage that showed Kita had not been carrying the bag in question.

“It’s absolutely true that I submitted a fake theft report,” Kita was quoted as telling police.

Police also suspect Kita may have pulled the same trick on four other occasions, including an August 2006 incident in which he claimed his overnight bag had been stolen from a bench while he was giving directions to a foreigner, for which he claimed 320,000 yen in insurance benefits. He has also filed theft claims at Tokyo’s Haneda Airport and in Seoul.
ENDS

Japan Times JUST BE CAUSE Column 50, April 3, 2012: Donald Keene should engage brain before fueling ‘flyjin,’ foreign crime myths

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
Novel IN APPROPRIATE by ARUDOU Debito

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justbecauseicon.jpg

The Japan Times Tuesday, April 3, 2012
JUST BE CAUSE Column 50
Keene should engage brain before fueling ‘flyjin,’ foreign crime myths
(Original title:  “Let’s put some myths to rest”)
By ARUDOU, DEBITO
Courtesy of http://www.japantimes.co.jp/text/fl20120403ad.html

Congratulations to Donald Keene, who was granted Japanese citizenship last month with great media fanfare. At 89 years young and after a lifetime contributing to world scholarship on Japan, he truly deserves it.

Unfortunately, while receiving all the kudos, Keene demonstrated that he had fallen for two of Japan’s media-manufactured myths about non-Japanese (NJ) residents: 1) that they are responsible for a disproportionate amount of crime in Japan, and 2) that they fled Japan (as “flyjin”) in disproportionate numbers due to the Tohoku disasters.

In media reports, both when he applied for citizenship last November and when he got it on March 7, Keene said repeatedly that he was naturalizing to “encourage,” “endure hardships” and “show solidarity” with the Japanese people as a Japanese — unlike, the media also repeatedly reported him as saying, the large number of foreigners who left Japan after the earthquakes.

He also joshed at a March 7 press conference, quote, “As a Japanese, I swear not to commit any crimes.”

Very funny. You know a public discourse has become hegemonic when you can joke about it. But when you have an iconic (former) NJ promoting falsehoods about NJ, we need to put them to rest.

First, about foreign crime: As has been discussed in these pages before (Zeit Gist, Feb. 20, 2007, Oct. 7, 2003, and Oct. 4, 2002), the National Police Agency has performed all kinds of statistical magic to inflate NJ crime figures. Hence the rise of foreign crime over the past decade has been, to put it mildly, disproportionately reported in both scope and degree. As always, 99 percent of crime in Japan is committed by Japanese.

Even more so now. According to the most recent NPA figures (www.npa.go.jp/sosikihanzai/kokusaisousa/kokusai/H23_Z_RAINICHI_ZANTEI.pdf), foreign crime has dropped every year without pause since its peak in 2005. In fact, by more than half — so precipitously that the NPA includes crime numbers from 1982 (when there were far fewer NJ here anyway) to depict some kind of comparative rise.

Last year was no different, with crime falling by double-digit percentages in every major category, to below levels last seen in 1993! This matters because Tokyo Gov. Shintaro Ishihara infamously predicted in 2000 that in the event of a natural disaster (and 2011 had at least two), “bad foreigners” would riot and need rounding up by the Self-Defense Forces.

Clearly none of that happened. Yet the public discourse of NJ as criminal, as promoted by grumpy (or acidulously jokey) geriatrics, hasn’t changed.

Now let’s look at the renewed flyjin discourse, since Keene’s self-promotion as a paragon of virtue now threatens to similarly tar NJ as deserters.

I have talked about flyjin before (Just Be Cause, May 3, 2011), essentially arguing, “So what if NJ left? It’s not as if they were made to feel welcome and a part of Japan.”

But now that last year’s statistics are in we need an update — because it’s clear the whole flyjin phenomenon was a myth.

According to the Ministry of Justice (www.moj.go.jp/content/000094842.pdf), the NJ population registered with the government (so as to leave out NJ tourists, who must depart within three months anyway) dropped for the third straight year in 2011, by 55,671 souls, or 2.6 percent. This is little different than 2010’s drop of 51,970, or 2.4 percent — meaning this is an ongoing trend little changed by the disasters.

Moreover, look at the largest drop in terms of nationality: Brazilians, falling by nearly 9 percent, for more than a third of the total. Where are Brazilians clustered? Around Nagoya, nowhere near the disaster areas.

The point is, NJ migration (in a science riddled with caveats and complications) was happening anyway for two reasons unrelated to Tohoku: 1) because NJ are the first downsized whenever our labor market goes sour, and 2) because it is standard operating practice within Japan’s visa regimes to boot out unwanted NJ workers (JBC, March 6, 2012, and April 7, 2009).

Moreover, if this column does what the Japanese media steadfastly refuses to do (that is, compare Japanese with NJ numbers), we can see that according to the government Statistics Bureau (www.stat.go.jp/data/jinsui/pdf/201203.pdf), the numbers of “Japanese flyjin” last year (that is, those who actually left the country, as opposed to the indubitably higher numbers who moved away from the danger zones domestically) also increased: A net 24,889 Japanese left Japan in March and April 2011 alone.

And, as a brief but indicative tangent, consider the comparative migration patterns of “Japanese flyjin” during Thailand’s disastrous floods last October. Not only did Japanese not remain in Thailand “in solidarity,” they also took Thai workers with them (on one-time temporary six-month visas, of course) so as not to disrupt Japanese factory production schedules.

The hypocrisy is palpable. And from what I have seen, the Thai media did not bash either the Japanese fleers or the Thai temps as deserters.

The point is, Keene has made his life one of careful, disciplined research, and he should have tapped this wealth of knowledge and reactivated his critical faculties before shooting off his mouth like this.

Don’t get me wrong, this is not to impugn Keene’s life choices — he can live where he likes and take out whatever citizenship he desires. But he should not be denigrating other people’s complex and personal life decisions (many made with careers to consider and families in tow) based upon flawed paradigms about NJ — paradigms fabricated by a sensationalist media and grounded in a discourse of prejudice and hypocrisy.

If he does, he should be called out on it like anyone else. And in that spirit, let’s consider a few inconsistencies:

Keene has said that he wants to live out his remaining years in Japan out of respect to the “resilient spirit of the Japanese people in a traumatic situation.” However, Kyodo reported on March 9 that this move was “partly because travel (between his homes in America and Japan) had become physically demanding.” At his advanced age, that’s understandable. But why so much public self-hugging for naturalizing?

Moreover, what sort of support in “solidarity” for the Tohoku victims will Keene be involved in? The Yomiuri on March 9 notes that this month he’s traveling by ship to India and Africa for vacation. As soon as he gets back, he said, “I’ll continue to work more diligently in a suitably Japanese way. I also want to contribute to areas affected by the disaster.”

Like how? Collecting and driving supplies up to Fukushima? Volunteering to help out at gymnasiums sheltering displaced people? Organizing international fund drives? Moving rubble around, as so many NJ residents who did not “flee Japan” have already done?

Here’s one thing Keene could do: Publicly retract his denigrating statements with apologies, and acknowledge the good that NJ have done for Japan all along — working here for decades, paying taxes, raising families, and living lives that fly in the face of the hegemonic yet unquestioned discourse that “NJ disrupt Japanese society.”

People who rise to mythical status should not perpetuate myths themselves. For someone who’s spent his life helping the outside world understand Japan, it’s ignominious indeed that Keene would now do the opposite for outsiders in Japan.

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

Debito Arudou’s latest book is “In Appropriate” (www.debito.org/inappropriate.html) Twitter arudoudebito. Discussions on this issue on Debito.org at debito.org/?p=10017. Just Be Cause appears on the first Community Page of the month. Send comments on this issue to community@japantimes.co.jp
ENDS

Powerpoint presentation on the J media-manufactured Myth of “Flyjin”; stats are in, lies are exposed

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
Novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY: The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog. This week I gave a couple of presentations on my campus, one that I will share with everyone:

It’s about the whole “Flyjin” phenomenon, where the Japanese media was outright accusing NJ of deserting their posts and fleeing Japan. I’ve already written a column on this for the Japan Times (where I argued that if true, so what? It’s not as if NJ have been made to feel welcome or settled in Japan). But this time, now that the data is in, I argue that the phenomenon was a myth to begin with. Statistics show that a) NJ populations dropped most in ethnic groups (the Brazilians) that are not clustered around Touhoku to begin with, and b) the accusations in the Shuukanshi that NJ criminals were banding together to commit crime were false, as NJ crime dropped even further in 2011 (to levels not seen since 1993 — NPA crime statistics have to go as far back now as 1982 now to somehow depict a “rise”). Also discussed are the unexamined hypocrisies of Ishihara scaring the public in 2000 about the probability of “foreigner riots” during a natural disaster (which never happened; the bigot still got re-elected a month after the disasters anyway), and the Japanese fleeing Bangkok during the flooding last October (taking their Thai workers with them; on special temporary visas of course). And other important information that got drowned out in the NJ blame game/scapegoating (such as other issues of discrimination, including hotel refusals of Japanese “flyjin” fleeing Touhoku, and more accurate facts from the ground).

Download my powerpoint presentation on this at http://www.debito.org/flyjin032012.pptx

Enjoy! Arudou Debito

Mainichi/Kyodo: NJ crime down again, but once again only reported in English and apparently not in J Mainichi, Asahi, Yomiuri, or Sankei

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS on iTunes, subscribe free

Hi Blog.  Here we have the biannual report on NJ crime, as always used to justify further prevention and crackdowns on NJ as potential criminals (justifying all manner of NPA budgets and racial profiling).  But the news this time is good, in that NJ crime is down.  Significantly so.  Check this out:

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No. of crimes by foreigners in Japan drops 12.7% in 2011
Mainichi Daily News, February 23, 2012, Courtesy of JK
http://mdn.mainichi.jp/mdnnews/news/20120223p2g00m0dm011000c.html

TOKYO (Kyodo) — The number of crimes by foreigners uncovered by police across Japan in 2011 dropped 12.7 percent from a year earlier to 17,286, a preliminary National Police Agency survey showed Thursday.

The number of foreign nationals the police questioned, arrested and sent papers on to prosecutors last year also fell 15.2 percent from 2010 to 10,061. Both numbers have been on a declining trend after peaking in 2005, according to the survey.

Foreigners with permanent residence status are not included in the data.

Among the crimes committed by foreigners, the number of fake marriage cases soared 26.1 percent in 2011 to 193, with the number of foreign nationals investigated by police in those cases also rising 17.6 percent to 554.

Police have been clamping down on bogus marriages, believing they are creating the infrastructure for a host of other criminal activities, the survey said.

Of the total number of crimes committed by foreigners, violations of the Penal Code in 2011 dipped 10.2 percent from the previous year to 12,590, while infringements of the Immigration Control and Refugee Recognition Act and other laws declined 18.8 percent to 4,696.

By country of origin, China topped the list with Japanese police taking action against 4,012 Chinese nationals, accounting for 39.9 percent of the total, followed by South Korea and the Philippines.

The number of foreign suspects who fled overseas in 2011 slipped 4.0 percent to 677, according to the survey.

(Mainichi Japan) February 23, 2012

ENDS

Same article (but better proofread) also at The Japan Times at http://www.japantimes.co.jp/text/nn20120224a8.html

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Good.  But here’s the thing:  If it’s bad news (i.e., foreign crime goes up), then it gets splashed all over the place and a media panic ensues about a reemergent foreign crime wave.  However, when is good news (i.e., foreign crime goes down), one of three things happen:

1) The Japanese police find some way to portray it as a rise,

2) The Japanese media find some way to headline it as a rise (while even, famously, depicting it as a fall in the English headline),

3) They ignore it completely.  Foreigners can only ever be news if they’re criminals.

To support this last assertion, look how the above article was featured in the Mainichi online only in English, as a copy of a Kyodo wire.  And doing a Google news search in Japanese, (search terms gaikokujin hanzai and the newspaper title), I could not find a similar article on this news on the Mainichi, Asahi, Yomiuri, or Sankei Shimbun sites (search as of February 23, 2012):

Instead, you get Japanese sites, for example Zakzak News below, concurrently and ironically talking about how dangerous Japanese society has become due to foreign crime (despite it going down), and saying how having a “kokumin bangou” to identify all citizens by number is now indispensable (since, as Zakzak says below, foreigners now speak Japanese!!).  Fine, have that conversation if you want, but don’t blame it on foreign crime.

This perpetual criminalization of foreigners in Japan is nothing short of hate speech.  On an official scale.  And you get a regular fit of it twice a year regardless of what NJ residents do (or don’t do).  Arudou Debito

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【日本の病巣】危ない国ニッポン“国民番号”は不可欠!
2012.02.16

http://www.zakzak.co.jp/society/politics/news/20120216/plt1202160847000-n1.htm
【拡大】

とうに亡くなっていた超高齢者に年金支給していた事件があったが、生死も分からぬ行方不明者は多い。オウム事件の平田信容疑者を匿っていた女性が、住民票もなく健康保険証を手に入れていたのもショックだ。

この国では、自分が何者であるかを証明しなくても生きていける。海外では身分証明書を携帯せずに生活することは難しいし、多額の支出はカードか小切手だ。アメリカでもかつては運転免許、最近は社会保障番号が何かと必要だ。

北朝鮮による日本人拉致事件の背景にも「成りすまし」の容易さがあったが、日本人が身分証明書なしで暮らせるようでは、日本語を話す外国人の犯罪も防止できない。

年金記録紛失なども国民番号制度がないから起きるし、間違いを発見するにも手間がかかる。いろんな制度が「何万円以上」などと階段を成すよう設計されているので、所得が増えるとかえって損になる逆転現象が起きる。だが、コンピューターが発達したので国民番号さえしっかりすれば、さまざまな要素を総合的に評価してきめ細かく公正な社会保障が可能なのに残念だ。

ようやく、社会保障と税についてマイナンバー制が実現しそうだが、レベルの高い社会福祉国家を実現するために必要不可欠のインフラであるにもかかわらず、「進歩的と称する人たち」が邪魔しているのは残念だ。

市民的自由の脅威という心配はもっともだが、制度設計と運用について意見をいう方が実質的だ。国民番号の不在は、民間での無秩序な情報集積や流出をもたらし、闇社会を利している。

日本人が病気や家族関係など、欧米ではあまり秘密にしないことまで隠してバレたときにかえって嫌な思いをするのは文化としても再考したい。

ただし、番号制度を使って旧悪を暴露して処罰するのはほどほどにしたい。若いころの不正行為がバレて解雇されたりするのは気持ちよくない。過去はモラトリアムで水に流す方が未来志向の改革を実現しやすい。

余談だが税制では、脱税を防ぐためにも、すべての所得について10%源泉徴収(あとで調整)と、資産額による差別なしで相続について1%相続税(現在の税に付加)を課税してはどうか。相続税が4%のケースだけ課税では、所得税と比べて再配分機能が不十分だ。

■八幡和郎(やわた・かずお) 1951年、滋賀県生まれ。東大法学部卒業後、通産省入省。フランス国立行政学院(ENA)留学。大臣官房情報管理課長、国土庁長官官房参事官などを歴任し、退官。作家、評論家として新聞やテレビで活躍。徳島文理大学教授。著書に「本当はスゴい国? ダメな国? 日本の通信簿」(ソフトバンク新書)など。

ENDS

Mainichi: NJ held by immigration sharply down after reviewing rules

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog. Speaking of incarceration of NJ under unreviewed circumstances (start here), here is what happens when the GOJ suddenly starts, as encouraged by the United Nations and even domestic think tanks such as JIPI, to actually REVIEW its own rules:  They discover that not as many NJ need to be incarcerated.  Quite a few of not as many.  Very high percentages, even.

Well, how about that.  Glad this happened, and got some press too.  May it happen more often, so that the NPA and Immigration realize that there are some boundaries to their power of interrogation and incarceration, even if (and especially if) the incarcerated happen to be NJ (who are even, according to here as well as the article below, committing suicide rather than take any more of this inhumane treatment).  Arudou Debito

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Foreigners held by immigration sharply down after reviewing rules
(Mainichi Japan) February 4, 2012, courtesy of JK
http://mdn.mainichi.jp/mdnnews/news/20120204p2g00m0dm013000c.html

TOKYO (Kyodo) — The number of foreign nationals detained one year or longer by Japanese immigration officials dropped significantly after a review of procedural rules for a more flexible approach in response to criticisms about the treatment of long-term detainees, data for last year showed.

As of August 2011, a total of 167 foreign nationals were held for at least six months at immigration facilities in Ibaraki, Osaka and Nagasaki prefectures, according to the Justice Ministry.

Many of them are believed to have overstayed their visas and were waiting to be deported to their native countries or undergoing procedures to seek asylum in Japan.

Those who were held for at least one year totaled 47, down sharply from 115 at the end of 2009. The Justice Ministry said it has been actively releasing those who are subject to deportation but it sees no need for holding in custody since July 2010.

The Japanese government came under fire for its long-term detentions in 2007 by the United Nations, which recommended that detention periods should be limited.

A large number of detainees staged hunger strikes as well, as a string of suicides ensued apparently over their dissatisfaction with how they were treated while in detention.

Support groups and lawyers’ associations have repeatedly called on the government to make improvements on the treatment of detainees.

Faced with claims that it was taking too long to conduct asylum reviews, the Justice Ministry has since adopted a policy to process them within six months in principle.

As a result, the number of cases without any decision to grant asylum after six months dropped to 35 as of March 31, 2011, a whopping drop from 612 at the end of June 2010.

Immigration officials also took an average 12.6 months to review asylum cases between July and September 2010 and 14.4 months between October and December 2010.

The periods were curtailed to 4.7 months and 5.2 months in the same periods the following year.

(Mainichi Japan) February 4, 2012
ends

PS on Gaijin Card Checkpoint at his apartment — Immigration doing door-to-door checks, using physical force (photos included)

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  Something I’ve noticed about Japan’s anti-crime campaigns:  1) These campaigns are not temporary (as in, “the campaign expires on this date”), meaning inevitable future crackdowns are cumulative (see for example here and here), 2) they quickly take on a racist bent (as NJ are officially depicted as more likely to commit crime, or even just be criminals by existing, as potential “illegal visa overstayers”) and encourage racial profiling in practice (see here and here), and 3) a general lack of legal oversight over the Japanese police means the cops go too far, bending laws (see for example here and here) and in this case targeting politically-disenfranchised people (NJ) who can’t fight back through the system or the media, or even through their political representative (who are basically in on the gaijin bashing for political capital and budgetary gain).

These are all elements of a police state, and the systematic mistrust of foreigners in Japan enables the bureaucracy to carry out in microcosm what Submitter PS (a pseudonym) reports below.  Fortunately this time, PS had the presence of mind to take photographs of these toughs from Immigration, who clearly felt their need to police gaijin overrode their need to treat people with respect and dignity (not to mention without resorting to physical force and with due process under the law).  Arudou Debito

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January 23, 2012
Dear Debito,

My name is PS. I’m a 45-year-old American living and working in Tokyo, where I’ve resided for the last 8 and a half years. I have a valid working visa, pay my Japanese taxes (both national and local), and have never had any unpleasant encounters with the authorities; that is, until last Thursday, Jan. 19. It’s something that I think you should know about.

That morning, an Immigration official showed up at the door of my apartment, unannounced, and demanded to see my passport. I was very suspicious that Immigration (not the police) would make a sudden home visit to do a spot-check, especially since I’ve lived in the same apartment since 2003, and since my address has been registered with the Shinagawa Ward office for over 8 years. Anyway, I asked this gentleman to show me his badge so that I could write down his name and badge number. He quickly flashed me some ID, but I pointed out that I didn’t have the opportunity to see, much less write down, the details. In a belligerent tone, he said in English, “Passport first!” I refused, bid him a good day, and started to close my door. It was at this point that things got out of hand.

The aforementioned gentleman physically blocked my door from closing, and we got into a shoving match that led to my door getting knocked off its tracks. Then, suddenly, four of his associates (2 men and 2 women), who’d apparently been hiding in the stairwell, appeared en masse. Things continued to verbally escalate, though with no further physicality, until one of them finally relented and let me take a photo of his badge. I took the further liberty of photographing the three “men” who were harassing me. The photos are attached. The person wearing the surgical mask in Photos #2 and 3 is the one with whom I tussled. The name stitched on his uniform was “S. Maeda.”

(NB from Debito: This crappy rubber-stamped and handwritten note passes for GOJ ID??)

After I was satisfied that these people were who they claimed to be, I retrieved my alien registration card, which I presented to them. One of these individuals tried to take it from me, but I made it quite clear that the card wasn’t leaving my hand. My name and number were written down, and these people finally took their leave. I will admit to getting very upset and giving them quite the tongue-lashing as they were walking away. I couldn’t help but point out the infringements on my human rights, not to mention the ridiculous waste of manpower – 5 officials to harass one law-abiding “gaijin” who pays their salaries through his tax payments.

After they left, I called my landlady, who rang Immigration on my behalf. The official she spoke said to confirmed that it was indeed their staff who paid me a visit, though the reason was not forthcoming. After I got to work, I rang the U.S. Embassy to report the matter and told my employer as well. My deep concern was that I might “disappear” and wind up in some windowless dungeon, so I wanted to be sure I had some lifelines established.

This experience has left me terribly shaken and deeply resentful. Given my long tenure in Japan, I was aware that the police on occasion took certain liberties that would not be tolerated in most Western countries (e.g. no Habeas Corpus statute, leading to lengthy incarcerations without charges being filed). However, I had no idea that I was living in a virtual police state in which my home could be practically invaded without cause, and I could be harassed by what struck me as a pack of Gestapo agents, the presence of the two women notwithstanding.

Thanks to the excellent resources available on your website, I was able to do some research. As far as I can tell, what Immigration did to me was not legal. I know that the Foreign Registry Law, Section 13, compels me to present my alien registration card to a Ministry of Justice official if he/she asks for it. But can such a person just show up at my doorstep out of the blue and make me produce said ID? The people at issue in my case had no just cause to suspect me and produced no warrant, without which I can’t see how they could justify blocking my door and getting physical with me.

I know you get a lot of e-mail, so I won’t go on any further. However, if you can shed any light on what happened to me (and perhaps spread the word), I’d be very grateful. As I said, this is the first incident of its kind I’ve ever heard of taking place in this country. Thanks for your time in reading this long e-mail.

Best regards, PS

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FOLLOW-UP FROM PS:

Yes, by all means, please post my story (with the photos) at your website.  It’s fine to use my initials:  “P.S.”

By the way, the American Embassy also got back to me.  They were not much help, just referring me to a link where I could find a lawyer.  In closing, they gently reminded me that, as a foreigner, I was obliged to obey the laws of the country in which I reside, even if they are very different from those of the U.S.  That’s not a point I was disputing, so I wonder if they read my e-mail carefully.

ENDS

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FINAL COMMENT FROM DEBITO:  Ironic how the USG expects their citizens to obey the laws of the land when even Japanese law enforcement won’t.  Would be nice if the USG et.al would at least make their citizens less disenfranchised by giving them an avenue for channeling complaints of this nature.

Nepalese beaten to death in Osaka, 4 assailants arrested in apparent hate crime

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog. What follows in my view is clearly a hate crime. It is reportedly a random singling out of a NJ by a group of four J youths who beat him senseless — even dropped a bicycle on his head, smashing his skull on the pavement. Fortunately (after a chase), they have all been arrested, no doubt after the security camera footage (below) made any plausible deniability of the event impossible. (In statements to the police, according to the Japanese media below, one assailant even insinuated that he couldn’t believe he had actually killed a foreigner.  Come again?  That’s the ultimate in kubetsu plus denial.) Story follows, then a quick comment from me:

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The Japan Times, Wednesday, Jan. 18, 2012
Man beaten to death on Osaka street

http://www.japantimes.co.jp/text/nn20120118a8.html

Osaka (Kyodo) — A Nepalese man died Monday after being assaulted on a street in Osaka early Monday by two men and two women, police said Tuesday.

Bishnu Prasad Dhamala, 42, died at a hospital after being attacked in Abeno Ward.

The police said they arrested Hiroki Shiraishi, 21, a tattoo artist, and his acquaintance, Miyoko Shiraishi, 22, at the scene after receiving a report about the assault.

The police are looking into the whereabouts of the other two assailants.

The four and Dhamala are not believed to be acquainted and the police are trying to identify the cause of the incident.

Dhamala came to Japan about 10 years ago and had been working at a restaurant in the city, according to the police.

ends

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大阪市ネパール人男性暴行死事件 現場から逃げていた男女2人を東京都内で逮捕
フジテレビ系(FNN) 1月22日(日)13時33分配信, courtesy of Dave Spector
http://headlines.yahoo.co.jp/videonews/fnn?a=20120122-00000775-fnn-soci

大阪市で1月16日、ネパール人の男性が4人組の男女から暴行を受け死亡した事件で、警察は、現場から逃げていた男女2人を東京都内で逮捕した。

殺人の疑いで逮捕されたのは、大阪市西成区の建築工・伊江弘昌(ひろあき)容疑者(21)と、天王寺区の無職・塚本訓子(くにこ)容疑者(21)。

2人は1月16日、阿倍野区の路上で、ネパール人のビシュヌ・プラサド・ダマラさん(42)に暴行を加えて殺害した疑いが持たれていて、事件後、親類を頼って東京都内にいるところを逮捕された。

この事件では、共に暴行を加えた殺人容疑で、自称・彫り師の白石大樹容疑者(21)と、白石 美代子容疑者(22)の2人が、すでに逮捕・送検されている。

調べに対し伊江容疑者は、暴行したことは認めているが、殺意については否認していて、塚本容疑者も、「ほかの3人を止めようとした」と、容疑を否認している。
最終更新:1月22日(日)13時33分

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See security camera coverage of the assault at this link:

大阪市阿倍野区の路上で16日、ネパール人の男性が4人組の男女に殺害された事件で、逃げていた20代の男女2人が逮捕されました。(テレビ朝日)
http://www.tv-asahi.co.jp/ann/news/web/html/220122002.html
殺人の疑いで逮捕されたのは、大阪市西成区の建築工・伊江弘昌容疑者(21)と天王寺区の無職・塚本訓子容疑者(21)です。2人は今月16日、阿倍野区の路上で、ネパール人のビシュヌ・プラサド・ダマラさん(42)の顔を踏みつけたり、自転車を投げつけたりして殺害した疑いが持たれています。この事件ではすでに、男女2人が殺人の疑いで逮捕されていますが、伊江容疑者、塚本両容疑者は現場から逃走していました。警察は、21日午後、東京都豊島区の路上で2人を発見し、逮捕しました。伊江容疑者は、「外国人を死なせてしまったことが信じられず、親類が住む東京都に逃げた」などと供述していて、「自転車を自分の頭ぐらいの高さまで持ち上げ、顔に投げた」と暴行したことも認めているということです。

ends

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ネパール人殺害2容疑者、無抵抗 執拗に男性暴行
読売新聞 2012年1月21日
http://osaka.yomiuri.co.jp/e-news/20120121-OYO1T00199.htm?from=main2

大阪市阿倍野区の路上で16日、ネパール人で飲食店経営ビシュヌ・プラサド・ダマラさん(42)が暴行され死亡した事件で、殺人容疑で逮捕された白石大樹(ひろき)(21)、知人の白石美代子(22)両容疑者が大阪府警の調べに「4人で(ダマラさんの)頭を何回もサッカーボールのようにけったり、踏みつけたりした」と供述していることがわかった。2人は殺意を否認しているが、府警は殺意を裏付ける行為と判断。逃走している2人とともに、偶然通りかかったダマラさんに一方的に暴行を加えたとみて調べる。

捜査関係者によると、大樹容疑者らは直前まで近くのバーで4人で酒を飲み、かなり酔っていたという。一方、ダマラさんは経営する料理店の従業員のネパール人男性2人と、従業員宅に向かう途中だった。

現場近くの防犯カメラ映像には男女4人が無抵抗のダマラさんに執拗(しつよう)に暴行を加える姿が映っていた。傷は頭や顔に集中し、死因は外傷性急性脳腫脹(しゅちょう)だった。

従業員2人はけがをしておらず、ダマラさんが逃がしたとみられる。

大樹容疑者らは事件直後にも現場近くで男性3人に言いがかりをつけ、殴りかかっていたという。府警は4人が通行人を手当たり次第に襲ったとみて、ダマラさんを暴行した経緯を詳しく調べる一方、残る2人の行方を追っている。(2012年1月21日 読売新聞)
ends
///////////////////////////////////////

COMMENT: There is little more to be said except that this is hardly an isolated incident. We’ve already mentioned here the Scott Kang and Matthew Lacey probable homicides (“probable” only because the NPA essentially refuses to acknowledge that they were outright murders, and stonewalls attempts to release further data that would probably prove things conclusively). But go back a bit, and you’ll find the Herculano Case, where a 14-year-old Brazilian boy named Herculano Reiko Lukocevicius was similarly beaten to death on October 6, 1997 by a Japanese gang in Komaki, Aichi (information about a book on his case is here); he was afforded much less press coverage (I’m glad the Japanese media is on the ball this time, with far more coverage in Japanese than in English). And of course we cannot leave out the Suraj Case, which is even more insidious since his brutal death was at the hands of officialdom (and may be but the tip of the iceberg, given Immigration’s history of ill-treatment of NJ while in detention). And if we stretch the issue even further, how about that recent curious “suicide” of a NJ suspect, accused of murdering two other Taiwanese students, who was somehow allowed to have a knife and sufficient mobility while in NPA custody presumably despite searches?  All curious lapses in standard procedure when a NJ is involved.

In sum, I think it is time to retire the myth that Japan is preternaturally “safe”.  After all, public maintenance of this myth not only gets in the way of honest accounting, but also makes nationality an issue, as officialdom publicly states that foreigners commit more crime (and therefore, the logic eventually ensues, shouldn’t be here in the first place).  Let’s face it:  When properly accounted for, reported, and considered without the bias of nationality either of victim or perp, Japan has its fair share of criminal behavior.

Therefore people should be careful of being the target of basic covetousness, wanton prejudice and scapegoating, or even just random hatred.  After all, Japan has no effective laws to punish the last two (see here and here) if you have the misfortune to be existing while foreign here.  Arudou Debito

Chris Johnson on his 2011 experiences in the “Narita Airport Gaijin Gulag”, a complement to Amnesty’s 2002 expose (Amended)

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Hi Blog.  Last blog entry I talked about Amnesty International’s 2002 report on horrendous treatment and conditions of NJ detainees in Narita Airport. As a complement, here is Chris Johnson, photojournalist at venues such as CNNGo and The Japan Times, offering his unexpurgated experiences there last December.  Despite having a valid visa, he was denied entry, he believes, due to his critical press coverage of TEPCO and government responses to the Fukushima disasters.  He spent 30 hours in the Narita Airport “Gaijin Tank” (which he calls a gulag) before being forced to buy an overpriced one-way ticket and deported, and it changed his views dramatically on Japan’s legal and policing system.

Excerpt follows.  Full report at http://globalite.posterous.com/inside-the-gaijin-tank-dungeon-at-narita-airp-91122

This issue deserves more attention.  Extralegality may be the norm in Customs and Immigration Zones around the world, but extreme treatment is exactly what happens when policing is unfettered and unmonitored.  It is, to put it mildly, unbefitting a society such as Japan’s, with official pretensions towards respecting the rule of law. Especially when you read about Chris’s experience with the private security goons, who seem to have gone beyond any plausible mitigation (“just following orders”) by Milgram.  Were these the people who killed Abubakar Awadu Suraj in 2010 while deporting him, and to this day have not been charged with any crime?  Arudou Debito

NB:  What follows is an updated version of Chris’s report as of January 18, 2011, amending allegations about a private security company called G4S.  Read on for disclaimers:

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

Inside the Gaijin Tank dungeon at Narita Airport in Japan

By Christopher Johnson, freelance photojournalist at CNNGo, The Japan Times, etc.

Globalite Magazine

News, photos and fiction from around the world

Version updated January 18, 2012

Full article at http://globalite.posterous.com/inside-the-gaijin-tank-dungeon-at-narita-airp-91122

Detained for 30 hours and expelled from Japan, a veteran Tokyo-based journalist gets a harrowing glimpse into the trap door at Narita Airport leading into a secretive gulag of rights abuses against thousands of foreign visitors and expats, often by guards hired by airlines 

(((This is a revised, tightened version of an earlier post. It includes a correction based on a comment from a spokesman for g4s, one of the world’s largest companies, which supplies security guards to more than 60 airports. A spokesman says g4s staff are NOT working at Narita. It is not clear who employs the guards accused of mistreating foreigners at Narita.

It includes information about other Westerners wrongfully jailed and expelled from Japan. Also includes comments via Japan Times from former immigration chief, one of the most important critics of detention policy. As previously noted, it is a raw work in progress, unedited, unpolished. Please send comments, anecdotes and info for inclusion in this story.)))

—-When you line up to get your passport stamped at Narita international airport outside Tokyo, look to your right toward a set of “special examination rooms.” That is where the trap door into Japan’s secretive gulag begins.

Most travellers, who regard Japan as a safe country of civilized people, have no idea that thousands of foreign arrivals — just like them — have fallen down that trap door into windowless dungeons in the bowels of the airport. From there, foreigners of all nationalities — seeking a pleasant vacation or a better life in Japan — have vanished into a horrific network of “detention centres” imprisoning thousands of innocent foreigners in appalling conditions.

Most red-eyed foreign arrivals also don’t realize that the immigration officers taking their fingerprints and scanning their passports are working with xenophobic colleagues who have deported on average about 20,000 foreigners every year since 2005, and who have been on trial for themurder of a longtime foreign resident of Japan last year at Narita.

They also don’t realize that airlines, according to the Immigration Bureau, are technically responsible for providing nightmarish dungeons and hiring “security guards” accused of human rights abuses — everything from extortion to theft, torture and denial of rights to call embassies, lawyers or family.

Instead of taking a public stand against the flagrant abuse of their valued customers over the last 15 years, airlines at Narita — knowingly or not — have been reaping windfalls from thousands of expelled passengers forced to purchase one-way tickets at exorbitant prices. Airline officials have not yet replied to requests over the past week for comments on the matter. 

Whether you are a fresh-minded explorer or a jaded expat fluent in the language and culture, the numbers are shocking, and an embarrassing revelation into the darkest side of Japan, a country that prides itself on safety and rule of law.

Amnesty International’s annual report for 2011 says Japan accepted 30 refugees out of about 1000 applicants this past year. It’s not clear what happened to the other 970 or so applicants. Many of them could still be incarcerated.

According to the Immigration Bureau, Japan deports on average 20,000 foreigners every year, including  33,000 in 2005, and another 18,578 in 2010. In other words, Japan kicked out about one-fifth the number of people — 91,778 — who were, as of January 2010, “overstaying their visas”. In reality, “overstaying” means they were dedicating their lives to working for Japanese bosses or employing Japanese in their own businesses, in a country that desperately needs entrepreneurs and job creators. These people, who would normally become immigrants or refugees in other countries, often become prisoners and suicide cases in Japan. All of these people were customers of airlines at Narita. 

That 2010 number — 18,578 individuals with names and families, often in Japan — is enough to fill about 100 jets flying out of Japan during the mass foreign exodus from aftershocks and radiation fears in March.

That number — 18,578 — is similar to the official death toll from the March 11 tsunami, which triggered a wave of international sympathy for the plight of Japan.

Yet other than Amnesty, the UNHCR and some courageous NGOs, few foreign organizations or celebrities have done anything about a system of abuses that ultimately damages Japan’s relations with its key trading partners, causes more than 100,000 people to bear grudges against Japan, andstains the image and balance sheets of airlines who have lost thousands of expelled foreigners as customers. 

Many immigration officers are aware of these issues, and some are trying to reform from within. One of the bureau’s main critics is their former chief, Hidenori Sakanaka. “One year of confinement is mentally tough,” Hidenori Sakanaka, who headed the Tokyo Regional Immigration Bureau from April 2002 to March 2005, told the Japan Times in July, 2010. The JT noted reports of suicides by a Brazilian and South Korean earlier that year, and hunger strikes at detention centers. “The Immigration Bureau must stop suicides and hunger strikes.”

He said detention centers and the Immigration Bureau must go public about the suicides and treatment of detainees, and also explain how a Ghanaian man, who had been working in Japan for 22 years, died in the custody of immigration officers at Narita airport in March 2010. “The incidents give the Immigration Bureau a chance to improve itself.”

Sakanaka has also authored a book asking readers whether they want “a Bigger Japan” teeming with immigrants, or a “Smaller Japan” with few foreign faces.

Japan’s Immigration Bureau declares on its website (http://www.immi-moj.go.jp/english/) that it’s motto is “internationalization in compliance with the rules.” It says the bureau makes “contributions to sound development of Japanese society” by “making efforts for smoother cross-border human mobility” and “deporting undesirable aliens”.

The problem, activists say, is their view of who is “undesirable.” In fact, few of the 18,578 deportees in 2010 were hardcore criminals threatening Japanese society. The Japanese media stereotype of them as being poor, dirty, uneducated miscreants is completely wrong. Many deportees have Japanese wives, children, friends and pets. Many are fluent in Japanese, with college degrees and successful careers.

“Jim” is a white male college professor from the United States, who began teaching in Japan about 30 years ago. I first met him in the airport’s “special examination room”. He was wearing a suit and tie like other middle-aged businessmen. He had just walked off a United Airlines flight from America. He wanted to spend Christmas with his 20-year old son, now living with his ex-wife in the Tokyo area. “I got a really cheap ticket, and decided to go for it to see my son,” he says. “The airline let me on, so there shouldn’t have been a problem.”

Jim would spend Christmas in the dank, windowless dungeon, where for 72 hours he was a victim of extortion, theft, strip-searching, abuse, denial of rights and expulsion from Japan at a rip-off price. (I would later discover that he had given speeches supporting anti-nuke protesters in Japan.)

((But even Jim was fortunate compared with Danny Bloom, an American journalist who, after working for five years at the Daily Yomiuri, says he was arrested on charges of overstaying his visa, held in solitary confinement for 41 days in 1995, and deported from Japan. He says he had Post Traumatic Stress Disorder, which affects an estimated 30 million Americans, due to a plane crash in Alaska, and couldn’t fly to Seoul to obtain a work permit. Now exiled in Taiwan, he says he can never return to “the police state” of Japan, even though he still loves Japanese people.)) 

((Other educated white males from the US, Canada, the UK and Australia, who have contacted me since this story first appeared, say privately that they were also victims of wrongful deportation and similar abuses.))

 

x–x—x—x—x—x—x–x–x—x–x–x—x–x–x

 

WHO IS WATCHING THE GUARDS?

 

Jim’s ordeal, and my own experience during a 30-hour detention at Narita and expulsion on Christmas Eve from Japan, confirms Amnesty’s reports dating back to the year 2000, when they first discovered a secret gulag housing thousands of foreigners.

As other victims have told Amnesty, it’s a scam, and a money-maker for the airlines and security guards. At Narita, they have arbitrary powers, and they use them. They can decide “Entry Denied”, and then find a rule or excuse to justify it. They don’t have to explain their reasons, and the appeal process is a sham.

Since there aren’t many reports of these abuses at Haneda and other airports in Japan, victims suspect there is a criminal syndicate operating at Narita since at least 1996. One guy marks a paper “Entry Denied.” He hands you off to a guy who shakes you down for 30,000 yen, who then hands you off to another guy who takes away your rights in the dungeon, who then hands you off to another guy who forces you to buy a rip-off plane ticket. If Amnesty is correct in estimating 7 cases per day on average, this syndicate could earn 200,000 yen per day in extortion fees, and 300,000 to perhaps a million yen per day on marked up airline tickets. Where does the money go? Who can stop them from doing this?

My own experience is consistent with several previous cases cited by Amnesty, and at least five other victims who have emailed me their stories. In my case, Asiana Airlines staff at the check-in counter in Seoul saw that I had a proper visa for Japan, and let me board a flight to Tokyo. The immigration officer at Narita, however, didn’t even look through my Canadian passport, where he would have found proper stamps, working visas, and multiple re-entry permits dating back years. While taking my fingerprints, he saw my name pop up on a list on his computer. (I have strong reason to believe that I have been blacklisted due to my critical coverage of TEPCO, Japan Tobacco, Olympus, JAL, the yakuza, fascists, and state neglect of tsunami survivors and nuclear refugees.) He marked a paper and gave my passport to another officer.

After leading me to the “special examinations room”, hostile immigration officials at Narita falsified my statements, disregarded my proof, confiscated my passport and belongings, and arbitrarily denied me permission to enter Japan, where I have built up a career as a journalist covering Asia since 1987.  They gave no sensible explanation for their decision. An officer simply wrote “no proof, entry denied” on a document, and asked me to sign it. I refused.

I was shocked that they could do that. But I shouldn’t have been. Thousands of foreigners arriving at Narita have been victimized by brutal thugs and racists — some of whom are not ethnically Japanese. According to Amnesty, airlines at Narita hire “security guards” to “escort” their passengers to the “detention facilities” — which are de facto maximum security jails. These guards also deny basic human rights, such as phone calls to lawyers, embassies or UNHCR. These guards harass, beat, or torture airline customers into paying “service fees”. In Jim’s case, they abused him until he finally coughed up 30,000 yen, about 400 US. They demanded the same from me, and also took money from my wallet. Gear was also stolen from my baggage.

Then, after passengers have been deported or denied landing rights, they are forced to acquire an overpriced one-way ticket. Since nobody can stop them from stealing or confiscating your possessions, the guards can use your credit cards or cash to buy tickets against your will. Since nobody is overseeing their extra-legal actions, it’s possible that the guards are taking kickbacks from airline staff selling the outrageously priced tickets.

In my case, employees at the airport said that I would have to pay as much as 400,000 yen ($5000) for a one-way ticket from Tokyo to Vancouver and Calgary. With a one-way ticket “purchased” against my will, they forced me onto a flight to Canada without much winter clothing for minus 40 temperatures in Alberta. They even called my longtime Japanese partner in Tokyo and threatened her, saying that if she didn’t pay for the ticket, her partner would face lengthy jail time.

 

After nearly 25 years of life in Asia, I arrived in Canada with 3-days clothing, far away from my house in Tokyo.

 

(((Who are these guards? Who is employing them? In my delirium during detention, I originally thought I saw “gas” written on their uniforms and van. After a rough draft of this story first appeared, several people wrote to say the guards are working for g4s, a UK-based company founded more than 100 years ago. A spokesman for g4s says this is not true. 

 

Adam Mynott, director of media relations at g4s, has kindly requested a correction of this. After being contacted by a reporter with The Economist, Mr. Mynott told me in an email that g4s “does not have any security business whatsoever at Narita Airport, nor are there any g4s affiliated Japanese companies working as security guards at the airport.”

 

I also have found no proof that g4s is operating at Narita. 

 

This raises key questions: who are the guards escorting detainees at Narita? What company are they working for? Why is “gas” written on the side of their van? Since “gAs” and “g4s” look quite similar, is that company “pirating” the logo of g4s, a respected international company? Or is it simply a coincidence?

 

A security company working behind the scenes in Japan might have good reason for wanting to somehow draw upon the global success of g4s. 

 

According to links sent by readers after this story first appeared, g4s is indeed one of the world’s largest companies, with more than 600,000 employees in 125 countries. They reportedly supply security guards to more than 60 airports including Heathrow, Oslo and Vancouver, US military bases in South Korea, Immigration Removal Centers in the UK and detention centres in Australia, a state prison in Birmingham, England, the 2012 London Olympics, US nuclear power plants, oil tankers facing pirate attacks off Somalia, and Japanese embassies around the world. (Note the photo of an armed woman guarding a nuclear reactor: http://careers.g4s.com/2010/11/g4s-nuclear-security-services-corporation-nssc/

 

It’s not clear where g4s operates in Japan. In South Korea, the US military on December 15 (only a week before I returned from Seoul), accused g4s of violating a contract to guard their bases there, according to Stars and Stripes. Former guards have refused to work for the new company for longer hours and lower wages.  These guards have protested outside U.S. Army bases, including Yongsan Garrison, Camp Red Cloud, Camp Casey, Camp Humphreys, Camp Henry and Camp Carroll. (http://www.stripes.com/news/gis-still-manning-gates-in-s-korea-as-contractor-struggles-to-fill-slots-1.163646)

 

A company press release said they won a $400 million contract to screen passengers and baggage at 20 airports in Canada, beginning November 1, 2011. When I passed through airports in Vancouver and Calgary on December 24, I found the security staff to be exceptionally friendly and professional. 

 

The company’s official website (www.g4s.com.) says they help ensure “the safety and welfare” of millions of people worldwide. “We secure airports and embassies, protect cash and valuables for banks and retailers across the globe, safeguard some of the most exciting events in the global sporting and entertainment calendar, and are a trusted partner to governments worldwide,keeping personnel and some of the world’s most important buildings safe and secure. What we do touches people’s lives in nearly every area you can imagine.”

 

((http://www.g4s.com) (info@jp-g4s.com, +81-42-519-9303) US media contact: Fiona Walters, Chief Communications Officer,+1 561 691 6459)

 

(As of January 17, it remains unclear who hired the guards accused of extortion and abuses at Narita since at least 1996. It’s also unclear if the guards, speaking foreign languages during my detention, were Gurkhas from Nepal or nationals of other countries.) 

 

The immigration bureau’s own documents confirm that airlines are responsible for hiring the security guards at Narita. “Concerning your expenses for being in Japan (meal, lodging, guard etc.) till your departure, the Immigration Bureau cannot take any responsibility,” said an officially stamped notice of the Ministry of Justice Tokyo Immigration Bureau, given to me a few hours before my expulsion. “This is a matter between you and your carrier (airline company).”

Many airlines gained respect for flying passengers for free or reduced prices out of danger zones after the 2004 tsunami and 2011 nuclear disaster. ANA and JAL, which use Narita as a hub for their global operations, are among the most respected airlines in the world, and they are highly-regarded for their service and safety. Yet credit card and airline employees have stated that they would not normally reimburse payments in such cases, since their passengers had technically“authorized” purchase by signing forms. As one victim of this scam has noted, it’s the moral equivalent of an armed bank robber getting off because the victimized bank teller, fearing for her life, “signed” the withdrawal slip.

ENDS

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

UPDATE JANUARY 20, 2012 FROM DEBITO

In related news regarding violence/homicide by private security companies towards their detainees, Private Eye (UK) Issue 1291 24 June – July 7, 2011 reported the following:

=======================
PRIVATE SECURITY
G4S locks up the captive market

Scan of the article at
http://www.claresambrook.com/campaign-page/Images-campaign-page/Private-Eye-(21-June-Issue-1291).jpg

CONGRATULATIONS to G4S, the gigantic “Securing Your World” security company that has made sales of GBP 4.2 billion to the Ministry of Justice [UK] alone. Justice secretary Ken Clarke, in reply to a parliamentary question, listed ten contracts with G4S, including running prisons, escorting prisoners and tagging offenders.

This is in addition to its GBP 42 million in Foreign Office security deals (GBP million in Afghanistan alone) — although these are believed to represent the mere tip of an iceberg, because the FO said details of its numerous contracts around world “are not kept centrally and could only be obtained at disproportionate cost”.

Then there is the company’s Welfare to Work bonanza, which, as chief executive David Taylor-Smith told financial analysts last month, “when clocked in next year will be GBP 130 million”, not to mention to the “very strong pipeline”that he boasted was heading G4S’s way from the Department of Health.

Evidently profiting from the public sector carve-up, G4S is the ideal lucrative refuge for former well-connected government ministers such as John Reid, former home secretary and minister of health, defence and transport. Reid, now a peer, went on the G4S payroll in 2008 when he was a backbench MP and is now a G4S non-executive director.

Amid all this good news, only a party pooper would point out that G4S may face corporate manslaughter charges over the death last year of deportee Jimmy Mubenga, after use of “restraint” at Heathrow; or that the company is awaiting sentence in Australia in the case of an Aboriginal elder who was cooked to death (dying of heatstroke and suffer third-degree burns) as he was transported across the outback in the back of a badly maintained G4S van with no air conditioning, little water, and no way of alerting drivers in the front to his dreadful plight. The company has pleaded guilty to charges of failing to ensure the man’s health and wellbeing.

But then, with a maximum penalty of a mere AU$ 400,000 (GBP 260,000), it won’t eat into the profits too much.

——-

Last week it emerged that G4S received 773 complaints last year from removal centre detainees — an increase of 240 on the previous year.
=======================

ENDS

COMMENT: Sorry to bring in an unrelated American political “talking point”, but if “corporations are people”, it seems that unlike people, corporations really CAN get away with murder. And even if G4S was uninvolved in the Narita Airport events discussed on Debito.org, the rot and unaccountability of the thuggish private security firms managing the post 9-11 bonanza seems to be systemwide. This must be known about and done away with.

Amnesty International 2002 report on human rights abuses, including extortion and physical abuse, at the Narita Airport “Gaijin Tank” detention center

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Hi Blog. What follow are some shocking allegations of ill-treatment of NJ at Narita Airport, and this time I’m not referring to the routine racial profiling done by Narita police in the airport after you’ve entered Japan. I’m talking about what happens to NJ in that extralegal zone known as Customs and Immigration, where people are neither in their own country nor under Japanese constitutional protections (since they officially have not entered Japan yet). Below, according to Amnesty International, we have allegations of renditioning to non-MOJ private policing forces, denial of basic human comforts, physical abuse, extortion, etc., all done without proper oversight or accountability. Sadly, this AI report is now ten years old and underreported; I was alerted to this situation by a journalist who underwent this procedure (including the extortion) over the past year. It’s not merely a matter of turning somebody away at the border — it is in my view a matter of prison screws extracting a perverse satisfaction (as will happen, cf. Zimbardo experiment) by lording it over foreigners, because nobody will stop them.

And that’s Narita. I wonder how the situation is at Japan’s other international ports of entry. Sickening.  Arudou Debito

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

DOCUMENT – JAPAN: WELCOME TO JAPAN?

Entire report at http://www.amnesty.org/en/library/asset/ASA22/002/2002/en/58b534dc-d840-11dd-9df8-936c90684588/asa220022002en.html

The Landing Prevention Facility (Jouriku Boushi Shisetsuor LPF hereafter) was first drawn to Amnesty International’s attention in June 2000 when two Tunisian male tourists were reportedly beaten by staff belonging to a private security agency X (not real name of the security agency) in Narita Airport. During their five day detention at the LPF, the two men were denied access to medical facilities despite suffering injuries from the beatings, and only allowed to contact the police after three days in detention. They were denied the opportunity to contact the Tunisian embassy in Tokyo during their detention.

The two men , Thameur Hichem (20) and Thameur Mouez (22) had arrived on 20 June 2000 by Turkish Airlines, but were denied entry by Japanese immigration authorities at Second Terminal Building of Narita Airport despite possessing adequate travel documents.

The Immigration authorities handed the two Tunisian men to the custody of security personnel belonging to private security agency X contracted by Turkish Airlines. The security agency asked the two Tunisians to pay US$240 each as security charges. They refused to pay, which resulted in the security personnel forcing them to pay by use of physical force and verbal abuse. Thameur Hichem and Thameur Mouez were taken to the parking lot of Terminal 1 of Narita Airport by three guards who were staff of Security Company X. One of them hit and kicked Thameur Hichem on his left leg and then hit his head several times against the wall. Another staff member forced his shoulders to the floor and took US$300 from his pocket. Thameur Mouez was taken separately and was subjected to beatings until he paid US$300 to staff of Security Company X. Thameur Hichem and Thameur Mouez were detained for five days in a small windowless room until they were deported on 25 June 2000. They were not allowed access to a medical doctor despite their repeated requests. The reason given to them by Security Agency X was that their injuries were not serious enough. They were only allowed to contact their parents by phone after two days into their detention on 22 June 2000. They were also not allowed access to the police. The allegations against staff belonging to Security Company X were not adequately investigated.

Introduction

Foreign nationals entering Japan may be at risk of ill-treatment by immigration authorities during interrogations at Special Examination Rooms and by private security guards in detention facilities located at Japanese ports of entry, including Narita Airport.

During the period after denial of entry into Japan and before they were issued ”orders to leave” or issued deportation orders, foreign nationals have allegedly been detained in detention facilities located within the airport premises known as Landing Prevention Facilities (LPFs) or at an ”Airport Rest House” outside the airport site. Amnesty International has found evidence of ill-treatment of detainees at LPFs. It forms part of a pattern of arbitrary denial of entry to foreign nationals and systematic detention of those denied entry – a process which falls short of international standards. Amnesty International has received reports of detained foreign nationals being forced to pay for their ”room and board” and for being guarded by private security agencies that operate the LPFs. Foreign nationals have allegedly been strip-searched, beaten or denied food by security guards at these facilities if they have been unwilling to pay. The LPFs have detention cells that have no windows and there have been reports of foreign nationals being detained in these cells for several weeks without sunlight(1)and not being allowed to exercise.

Asylum-seekers have also had their requests for asylum rejected with no or inadequate consideration of the serious risk to their lives they face on deportation. These asylum seekers have been denied access to a fair and satisfactory asylum procedure; they are frequently not allowed access to interpreters and lawyers. Furthermore, they are forced to sign documents in languages they do not understand and of the content of which they have not been adequately informed. These documents may include a document signed by the deportee waiving his or her rights to appeal against decisions made by the immigration officials such as denial of entry into Japan. Amnesty International believes that the lack of access to independent inspections and the secrecy that surround LPFs and other centres of detention in Japan make them fertile ground for human rights abuses. Detained foreign nationals in the LPFs or immigration detention centres are not informed adequately about their rights.In particular, they do not always have prompt access to a lawyer or advice in a language they understand. The Japanese government should recognize the rights of people in detention to information, legal counsel, access to the outside world and adequate medical treatment. Those who had sought to contact United Nations High Commissioner for Refugees (UNHCR) have had their request turned down. In many cases, detainees at LPFs have been refused medical treatment by staff of security companies and by immigration officials. Decisions and actions of immigration officials and staff of security companies reveal a widespread lack of awareness of international human rights standards.

This report highlights Amnesty International’s concerns at the procedure adopted by immigration authorities and the abuses within the LPFs. It documents examples of discrimination that have underlined the arbitrary denial of entry to Japan. The report details cases where foreign nationals, including asylum-seekers, have been denied entry to Japan and have been detained in detention facilities like the LPF and have been threatened with deportation. The report also highlights cases of ill-treatment suffered by foreign nationals in detention at the LPF in recent years. These incidents suggest that, in practice, Japan has failed to respect its obligations under international human rights standards.

Concerns about procedures adopted by immigration authorities and the abuses within Landing Prevention Facilities: falling short of international standards

Amnesty International is concerned

  1. about reported ill-treatment in the course of interrogations and the process of deportation or exclusion of foreign nationals who are denied entry to Japan and are detained at the LPF or at an ‘Airport Rest House’ outside the airport. Ill-treatment is alleged to have taken place during different stages of interrogations conducted by immigration authorities. Such treatment is alleged to have taken place during interrogations shortly after foreign nationals have landed in Narita airport and where the decision to deny entry to the foreign national is made. Additionally, ill-treatment has been alleged during interrogations held by immigration officials during subsequent detention of foreign nationals in the LPFs. These interrogations are allegedly held to force foreign nationals to sign documents waiving their rights to appeal against decisions by immigration authorities.(2) Ill-treatment of those in detention constitutes a violation of Articles 7 and 10 of the International Covenant of Civil and Political Rights (ICCPR)(3) which Japan ratified in June 1979. The failure of the Japanese government to initiate a prompt and impartial investigation into these allegations constitutes a violation of Article 12 of the Convention against Torture(4) which Japan acceded in June 1999. The ICCPR also carries with it a duty on states to ensure that complaints about torture or cruel, inhuman or degrading treatment must be investigated promptly and impartially by competent authorities;(5)
  2. that there have been incidents where the immigration authorities have failed to provide adequate translation facilities while questioning foreign nationals in Special Examination Rooms at Narita Airport to determine their status. This failure to provide adequate interpretation facilities constitutes the non-observance of Principle 14 of the 1988 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Body of Principles)(6);
  3. that some detainees at the LPF have been held incommunicado. They have often been denied access to their families in violation of Principles 16 (1)(7) and 19(8) of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; they have also reportedly not been allowed to communicate with their consular or diplomatic missions in Japan or to contact representatives of the UN High Commissioner for Refugees (UNHCR) in contravention of Principle 16 (2) of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment(9) and international standards for refugee determination. Detainees have also not been allowed to communicate with independent legal advisors in violation of Principle 17 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;(10)
  4. that detainees were only informed verbally by immigration officials at entry ports in Japan including Narita Airport about the refugee status determination process and that information on the procedure in Narita Airport was not available freely. Immigration officials informed an Amnesty International delegation in December 2000 that they only kept pamphlets containing information on the refugee status determination procedure in Japanese at Narita airport. It appears that detainees are not given any written information on the asylum procedure in Japan in a language that they can understand. The failure to provide adequate information about the rights of detainees in a language that they can understand constitutes non-observation of Principles 13(11) and 14 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;
  5. that many asylum-seekers are denied access to fair and satisfactory asylum procedures by the immigration authorities. Denial of access to a fair and satisfactory asylum procedure, to independent legal counsel and to the UNHCR may lead to refoulement. The principle of non-refoulement is enshrined in the 1951 Convention relating to the Status of Refugees(11) and the 1984 Convention against Torture,(12) to both of which Japan is a state party.

The law and practice of an arbitrary ‘fast-track’ detention-deportation procedure: providing opportunities for human rights abuses

The two Tunisian nationals mentioned above are among thousands of foreign nationals who are detained in the LPF at Narita Airport every year, prior to being deported on the next available flight of the same air carrier on which they had flown into Japan. Detention at the LPF, or at an ”Airport Rest House”, forms part of the procedure followed by Japanese authorities after foreign nationals are refused entry and before they are deported from Japan (the Jouriku Boushi Gyoumu procedure).

The legal framework for this procedure is provided for in the Immigration Control and Refugee Recognition Act (the ICRR Act). This Act provides for a Special Inquiry Officer to interview a foreign national once an Immigration Inspector finds that his or her documents to enter or depart do not conform with requirements of the Ministry of Justice Ordinance (Article 6(2) and 9(4) of the ICRR Act provides for this procedure). If the Special Inquiry Officer finds as a result of the interview that the foreign national does not meet conditions of landing (provided for in Article 7(1)), the officer has to inform the foreign national of this decision, and give reasons for that decision (Article 10(9)).

These interviews do not meet international standards, in particular denial of access to adequate interpretation facilities(13) and have resulted in ill-treatment of foreign nationals. For example, there have been allegations that foreign nationals, some of whom may have been asylum-seekers, have not had access to adequate interpretation facilities during such interviews, which at times have lasted several hours.

 […]

Concerns regarding private security companies

Private security companies have been contracted by air carriers to transport foreign nationals from Special Examination Rooms of the immigration authorities to their detention facilities and back from their detention facilities to the air carrier on the day of their flight. Private security companies also supervise these foreign nationals in their detention facilities, including at the LPF; they guard them round the clock to ensure that the foreign nationals are prevented from leaving the rooms and from entering Japan. Companies such as Security Agency X (not the real name of the company) try to make the foreign nationals pay the cost for their ”accommodation”. It appears that when Security Agency X failed to receive the payments from foreign nationals, they asked the flight operator to reimburse the amounts owed.(17)

Up until the summer of 1999, Security Agency X was contracted by air carriers to transport foreign nationals and also supervise the security of the LPF at Narita Airport. The agency could ask foreign nationals to pay the costs for this accommodation during the period of their stay. When they did not pay, they were allegedly strip-searched.Force was allegedly used by the security company when foreign nationals protested and questioned these requests.

When Security Agency X lost the contract to be in charge of security at the LPF at Narita Airport, it still continued to be contracted by airline carriers to transport foreign nationals who had been denied entry into Japan from the Examination Room to the LPF and from the LPF to the air carrier when the foreign national was being deported. Its reduced security responsibilities had diminished opportunities for Security Agency X to force foreign nationals to pay during their detention at the LPF. Thameur Hichem and Thameur Mouez were beaten not inside the LPF but outside in a building located at the parking lot in Narita Airport when they showed unwillingness to pay up to the demands of the staff members of Security Agency X. When Amnesty International asked immigration officials about actions they had taken against Security Agency X, the officials stated that they had been satisfied with the reply from the security agency and that the company had done no wrong. No action had apparently been taken by the immigration authorities though they had admitted to Amnesty International that the LPF was under the overall supervision of the immigration authorities at Narita Airport. The lack of prompt and impartial investigation by the authorities into such allegations of ill-treatment contravenes Article 12 of the Convention against Torture.

The LPF in Narita Airport: a secret detention facility

Not much was known of the LPF until the case of the two Tunisian nationals became public. The LPF is used for the physical detention within the airport complex of those foreign nationals who are denied entry into Japan usually after they have been issued ”orders to leave”.(18)When an Amnesty International delegation was granted access to the LPF in December 2000, there were two facilities which were located in the administrative wing on the second floor of Terminal 2 of Narita Airport.(19)The LPF in Narita Airport comprises at least two detention facilities, at least one is reserved for men and at least one facility is reserved exclusively for women detainees. According to Immigration officials questioned by the Amnesty International delegation, a daily average of some seven persons were detained in the LPF. Both of the facilities in Narita Airport consisted of four windowless rooms.

In the room to which Amnesty International was allowed access, there were narrow benches (which former detainees have informed Amnesty International doubled up as beds) and large dust-bins. The room, which was in the LPF allocated to women, was not occupied by any detainees at that time. There were five benches in the room, possibly indicating that the room was meant for five detainees. The room was about 10 feet by 8 feet and 7 feet high and was the only room that was not behind a locked steel gate. All other rooms (three in the women’s facility, and four rooms in the men’s facility) were behind a locked steel gate which was guarded throughout the day by two guards on 12 hour shifts. The rooms were always locked, the keys were held by the guards. In cases of emergencies like sickness or fire in the room, detainees had no choice but to bang the door hard to raise alarm and catch the attention of the guards. A vertical glass window fitted into the door which enabled the guards to have a good view of the room. This meant that detainees were effectively denied privacy. The guard room, in turn, was locked. Detainees’ luggage was kept separately in a room next to the guard room.

Despite requests, the Amnesty International delegation was not allowed to meet detainees. Amnesty International has been informed that two delegations of Japanese Diet (National Assembly) members were also denied access to those detained in the LPF at the time of their visits. The refusal to allow visits by qualified persons to places of detention constitutes a violation of Principle 29 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.(20)

Discrimination on the basis of nationality

There appears to be a link between the denial of entry by immigration authorities, ill-treatment during questioning of entry or asylum applicants, detention at the LPF and the nationality of the person. There have been denials of entry on the basis of superficial generalisations of persons belonging to certain countries revealing a xenophobic bias of immigration officials. A Colombian national, who was denied entry into Japan in October 1996, claimed to have been told by the Immigration official that ”You don’t have to be in Japan. Only one out of five Colombians can enter Japan. Colombians are untrustworthy, selling drugs, involved in prostitution and robbery.” There have been, since 11 September 2001, several cases of asylum seekers being refused entry into Japan apparently because they are from particular countries, such as Afghanistan or the Middle East region. Most of them have been forced to sign documents facilitating their deportation with little regard paid to the non-refoulementprinciple enshrined in the 1951 Convention relating to the Status of Refugees (the Refugee Convention) and the Convention against Torture.

My Japan Times JUST BE CAUSE Column 47: 2011’s Top 10 Human Rights Issues affecting NJ in Japan

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justbecauseicon.jpg

The Japan Times, Tuesday, Jan. 3, 2012
JUST BE CAUSE, Column 47

Kim to ‘flyjin,’ a top 10 for 2012

Illustrations by Chris Mackenzie
Version with links to sources

Here’s JBC’s fourth annual roundup of the top 10 human rights events that affected Japan’s non-Japanese (NJ) residents last year. Ranked in ascending order of impact:

10.  Kim Jong Il dies

News photo

This might rank higher with the benefit of hindsight, but right now it’s unclear how things will settle after the succession. Still, potential regime change in Asia’s most wild-card country might improve things for NJ in Japan. The biggest counterargument to granting NJ more rights has been, “If resident Chinese or North Koreans get any power over Japanese, Japan will be lost.”

Kim’s demise may not silence the alarmists (China will still be seen as a threat, especially now; more below), but even a tamping down of the standard foaming-at-the-mouth invective was impossible while “Dear Leader” was still around.

9.  Child abductor Emiko Inoue nicked

News photo

Emiko who? You might not know this case because Japanese media have intentionally omitted her name (even pixelating out her face in photographs) — and the fact she is a convicted felon in America — in their reports. But Inoue is one of the many Japanese who, following a separation or divorce, have abducted and then attempted to alienate their children from their former spouse. In the case of international relationships (because Japan is still not a signatory to the Hague Convention on Child Abduction), no child, according to activists, has ever been extradited from Japan and reunited with an NJ parent.

But check this out: After abducting daughter Karina in 2008 to Japan from husband Moises Garcia (who was then awarded custody in America), Inoue had the nerve to drop by Hawaii last April and try to renew her green card. Arrested and sent to Wisconsin to face trial, Inoue was given a choice in November by the court: spend a decade or so in jail, or return Karina to Garcia by Christmas. Inoue chose the latter, and Karina was back by Dec. 23 (the mother, incidentally, will remain in the U.S. with visitation rights — a better deal than NJ in Japan ever get in custody battles).

The Karina Garcia case brought further attention to Japan’s insane system of child custody (see Zeit Gists, Aug. 9, 2011Sept. 21 andSept. 28, 2010Jan. 26 , and Feb. 2, 2010; and Just Be Cause Oct. 6, 2009), and made it clear to Japanese abductors that outstanding arrest warrants will be enforced.

Unfortunately, the Japanese public is again getting the pixelated version (e.g., Yomiuri Shimbun, Dec. 24): Poor Karina, who reportedly wants to live in Japan, is forced to live in America to “save her mother” (never mind that her irresponsible mother put everyone in this position in the first place). A victory for the rule of law is yet again spun into victimhood for Japanese.

8.  Olympus whistle-blowing

News photo

The slimy practices of Olympus Corp. garnered a great deal of press this year, thanks to former CEO Michael Woodford’s refusal to go quietly. After raising questions about odd corporate expenditures, Woodford was sacked in October for “a management style incompatible with traditional Japanese practices” — meaning Woodford, whose superhuman tenacity got him from entry level in 1980 to corporate head, was fired for not abdicating his responsibilities.

That an international company would immediately invoke culture to defend their criminality is testament to so much of what is wrong with Japanese corporations. But also consider the plight of NJ employees like Woodford, promised during the bubble years that fluency in Japanese, hard work, sacrifice and company loyalty would bring opportunities. Decades later, it turns out their contributions matter not one whit if they ever speak up with integrity; in the end, they’re just another gaijin out on their ear. “Tradition,” indeed.

As it is unlikely this scandal will lead to any cleanup of Japan’s tribal (and consequently corrupt) corporate culture, the unfortunate lesson is: Don’t work for a Japanese company as an NJ and expect equality and upward mobility.

7.  Death during deportation

News photo

Whatever you might think of visa overstayers, few would argue it is a capital offense. Yet the death of Abubakar Awadu Suraj (ZG, Nov. 1) in March 2010, while being bundled onto an airplane back to Ghana, raised eyebrows not only because of the brutality of his treatment by government officials, but also because of the predictable results when it went to court this year: The domestic media either downplayed or ignored it, foreign media were stonewalled, and investigations by both police watchdogs and the judiciary stalled.

This horrific event confirmed, along with the suspiciously unsolved deaths of Scott Kang and Matthew Lacey (ZG, Sep. 6), that foreigners’ lives are essentially held in low regard by Japan’s police forces (ZG, March 24, 2009) and media (in contrast to the hue and cry when a Japanese is murdered overseas, or by a foreigner in Japan). The point is, once Japan’s unaccountable police get their hands on you, your very life is potentially in jeopardy.

6.  Oita denial of benefits overturned

News photo

In 2008, Oita Prefecture heartlessly rejected a welfare application from a 78-year-old Chinese (a permanent resident born in Japan) because she is somehow still a foreigner. Then, in a shocking ruling on the case two years later, the Oita District Court decreed that NJ are not automatically eligible for social welfare. Finally, in November, this stubborn NJ, in her 80th year, won a reversal at the Fukuoka High Court — on the grounds that international law and treaty created obligations for “refugees (sic) (to be accorded) treatment at least as favorable as that accorded to their nationals.”

What caused the confusion was that in 1981, the Diet decided that revising the public welfare law to eliminate nationality requirements was unnecessary, since practical application already provided NJ with benefits. Three decades later, Oita Prefecture and its district court still hadn’t gotten the memo.

Bravo for this NJ for staying alive long enough to prize her case away from xenophobic local bureaucrats and set congruent legal precedents for all NJ.

5.  Japan as No. 3

News photo

2011 was the year that China’s GDP conclusively rose to second place behind the United States’, meaning Japan had to deal with no longer being the largest, richest and apparently most attractive economy in Asia. Marginalization sank in: More NJ studying Mandarin than Japanese, world media moving offices to Beijing, rich Chinese starting to outspend Japanese worldwide, and the realization that a recessionary/deflationary spiral for two (yes, now two) full decades had enabled others to catch up, if not surpass Japan.

It was time for a rethink, now that Japan’s mercantilist economy, largely intolerant of any standards but its own, was being seen as an untenable modern Galapagos. But fresh ideas from long-ignored resident NJ weren’t forthcoming. For they seemed to be leaving.

News photo

 4.  NJ population drops, again

After an unbroken rise between 1961 and 2009, it was announced last June that the total population of registered foreign residents dropped again in 2010, by another 2.4 percent.

Brazilians, once the workhorses of Japan’s most competitive exporters, fell the most in raw numbers (more than 16 percent), while Chinese, already the largest NJ contingent in Japan, still managed to grow a smidge. But that was before the events of last March . . .

 

News photo

3, 2, 1.  The Fukushima nuclear disaster

A no-brainer, this. The chain reactions set in motion on March 11 illuminated so many things that are wrong with Japan’s current system.

Let’s start with the obvious examples: The unwillingness of TEPCO to come clean with their data, of politicians to forsake petty political games of interference, and of administrators to give proper guidance to people in danger- all of this devastated public faith and trust.

Then the abdication of accountability of people supposedly in charge reached new heights as irradiated land and water spread (e.g., Tepco claimed in court (Aera, Nov. 24) that it no longer “owned” the radiation, and was therefore not liable for decontamination).

Meanwhile, despite a huge amount of volunteer work at the grassroots, official relief efforts were so bungled and corrupted that reconstruction funds were even proposed for free tourist plane tickets and whaling!

Then we get to the outright nastiness and hypocrisy of Japan’s media (and the self-hating gaijin toadies) who accused NJ residents (aka “flyjin”) of deserting their work stations ( JBC, May 3). Never mind that under the same conditions Japanese do the same thing (even encourage others to do so; remember, Japan imported Thai workers during Bangkok’s floods), and that NJ contributions before and during the Tohoku disasters were insufficiently reported and praised.

But the most profound realization of 2011 — arguably the worst year for Japan in my lifetime — is how this society cannot fix itself. As I have argued before ( JBC, April 5 and Oct. 4), the culture of ganbatte (do your best), flippantly said to victims by people largely unaffected by the disaster, is once again giving way to expectations of their gaman (silent endurance). Backed up by a dynamic discouraging people from “spoiling things for everyone else” by daring to speak out or complain, activism gets hamstrung.

Meanwhile, the muzzling of investigative journalism, independent academic research and credible criticism outside of official channels further disempowers the public of their right to know.

Conclusion: Generations under Japan’s control-freak “nanny state” have accustomed people to being told what to do. Yet now the public has been deserted, with neither reliable instructions nor the organization to demand them.

Nothing, short of a major revolution in critical thinking and public action (this time — for the first time — from the bottom up), will change Japan’s destructive system of administration by unaccountable elites.

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

2011 was the year the world realized Japan has peaked. Its aging and increasingly-conservative public is trapped in a downward spiral of economic stagnation and inept governance. It is further burdened by an ingrained mistrust of the outsider ( JBC, Oct. 7, 2008) as well as by blind faith in a mythology of uniqueness, powerlessness as a virtue, and perpetual victimhood.

Japan has lost its attractiveness as a place for newcomers to live and settle, since they may be outright blamed for Japan’s troubles, if not ostracized for daring to fix them. Now, thanks to the continuous slow-burn disaster of Fukushima, anyone (who bothers to listen anymore) can now hear the doors of Japan’s historically cyclical insularity slowly creaking shut.

ARUDOU Debito’s novel “In Appropriate” is now on sale (www.debito.org/inappropriate.html) Just Be Cause appears on the first Community Page of the month. Twitter @arudoudebito. Send comments on this issue to community@japantimes.co.jp
ENDS

Tokyo Reporter: Bust of Gas Panic bars in Roppongi due to “poorly behaving” foreigners allegedly breaking J laws against “dancing”

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Hi Blog.  Sometimes it seems to me that rules in Japan are made just to keep people from having fun.  For example, cultural conventions hinder swimming after Obon in the south (despite still being jolly hot outside — I’ve been in southern Shikoku in late August and found campsites closed and beaches deserted), and have seen police command the public get out of the ocean in Okinawa (I’m told there are some times of the year when ocean swimming in this semitropical climate is officially frowned upon) on New Year’s Day.  We’ve been told we can’t play games (such as chess or euchre) at izakayas by barkeeps; similarly, in a Tokyo “Irish bar” during a JALT conference, we had Irish friends who brought out their pocket instruments to play Irish music, only to be told that it was causing discomfort to the customers (it wasn’t; people were clapping and tapping along), and they had to be quiet in favor of the canned Irish music being piped in.  Japan’s frowning on outdoor screens during the World Cup 2002 (unlike in Korea, Japan’s fans had to watch the games within walls) due to alleged traffic control and crime prevention concerns.  I’m sure Readers can come up with lots more examples — of anal-retentive people who use their power to summarily prevent public expressions of joy and release (that is, without the socially-accepted cloak of too much alcohol).

Now we have this actually legally-established ban on “dancing without a license” after 1 a.m.  I could understand late-night controls on noise etc., but dancing??  Not only that, the cause of dancing is deemed to be foreign in origin.  Yeah right, Japanese don’t dance.  And when does dancing begin and just tapping out a rhythm end?  And when does the accusation, made below, of making the neighbors uncomfortable because foreigners are around end?

Sounds like yet another NPA pretense to raid the “foreigner clubs”.  And it isn’t the first time — try 2007’s raid on Hiroshima’s “El Barco” (which let anyone visibly Japanese go and targeted the NJ for Immigration checks) on the charge of dancing violations, and 2009’s Roppongi bar raids and NJ spot urine checks for drugs (which in this case are supposed to require a warrant).  So I guess accusations of “dancing” are something that doesn’t involve racial profiling — unless, of course, you say that the foreigners in specific are committing them.  As the article below basically does.  Arbitrary and capricious.  Arudou Debito

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

Bust of Gas Panic bars in Roppongi due to ‘poorly behaving’ foreigners

TOKYO (TR) – The weekend bust of two popular nightclubs within the Gas Panic chain was due to the presence of undesirable foreigners, reports Nikkan Gendai (Nov. 30).

Early Sunday morning, Tokyo Metropolitan Police entered clubs Gas Panic Bar and Club 99 in the Roppongi entertainment district and arrested managers Hidenori Wakita, 36, and Fumiki Nishihata, 35, for allowing dancing after 1 a.m. — a violation of the Law Regulating Adult Entertainment Businesses.

A journalist who covers the adult entertainment industry says the chain of foreigner-frequented bars is popular for those on low budgets, but in recent times police have been taking notice of trouble. “Recently, poorly behaving foreigners from the Middle East and South-East Asia have started showing up,” says the source. “They make others not want to come around, and maybe some neighbors complained.”

The tabloid says that the raid of Gas Panic Bar occurred just before 2 a.m. “There were close to 200 customers in the place,” says a salaryman present at the time. “As the name says, it was a panic. At first, I thought they were targeting drugs or gangs. I was stunned that it was due to licensing problems since this sort of thing has been going on for 20 years.”

The issue concerns the type of license. Establishments within the Gas Panic chain are licensed as bars, which under the Law Regulating Adult Entertainment Businesses are not allowed to provide entertainment, such as dancing, after 1 a.m. without special authorization. Only drinking, however, is permissible.

This was the second arrest in two years for Wakita. In 2009, police found similar violations at Club 99 and GP Bar, which is also within the Gas Panic chain, and took the manager into custody. After that, Gas Panic Bar installed a security camera at the door to alert management to turn the music down if police appeared.

Wakita was eventually convicted.

This latest bust sends a message, continues the adult-entertainment journalist. “The crackdown will expand,” the writer says. “There are tens of thousands of improperly licensed clubs. Gas Panic is a big name, and they have continued to ignore warnings. Perhaps the police are taking a step forward to show the serious consequences to everyone else.”
ENDS

Movie about Ichihashi Tatsuya, convicted killer of Lindsay Ann Hawker, already in the works — based upon his book. Ick.

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Hi Blog. Here’s some ghoulish news. According to Yahoo News below in Japanese, there is a biopic in the works on Ichihashi Tatsuya, convicted killer of Lindsay Ann Hawker, coming out next year based upon his book (which we lambasted here on Debito.org last January as publisher profiteering) about his 2 1/2 years on the lam as a fugitive from justice.

Now, movies about killers are nothing new (including ones with overtones of hero worship; consider NATURAL BORN KILLERS), and biopics about Japanese killers (the very good VENGEANCE IS MINE, starring a lean and mean Ogata Ken, I saw back in college) are also out there (even though VENGEANCE, although it tries to analyze the killer’s motivations and mother complex, did not spare the audience of the horrific detail of his murderous activity).

Maybe this movie will do the same (even though many of the details of what Ichihashi did to Hawker’s corpse have not been made public).  But the article below says that the contents will focus on his life as a fugitive and offer insights into Japan’s low life (such as the day-laborer sector of Airin Chiku; cue sympathy for the killer’s hardships?).

In any case, I for one see this as just more profiteering.  It looks as though this story will be depicted through Ichihashi’s eyes, and there is apparently already quite an online hero cult out there for this creep that the studios would love to cash in upon.

Again, this sort of media event has happened before, but this is altogether too soon — still seems like moviemakers trying to make a fast yen (and an unknown actor trying to make a directorial debut; he talks briefly below about his “feeling of responsibility” towards the victims, but mostly about how the killer’s account fascinates him, so methinks that’s what the flick will focus upon) before Ichihashi fades from public memory. Ick. Arudou Debito

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市橋被告逃亡記を映画化 初監督&主演にディーン・フジオカ大抜てき
スポーツ報知 2011年11月23日(水)8時2分配信
http://headlines.yahoo.co.jp/hl?a=20111123-00000020-sph-ent
Courtesy of SL

2007年、千葉県市川市で英会話講師の英国人リンゼイ・アン・ホーカーさん(当時22歳)が殺害された事件が初めて映画化されることが22日、分かった。殺人罪などで無期懲役の判決を受けた市橋達也被告(32)が逃亡生活の様子、心境をつづった手記「逮捕されるまで 空白の2年7カ月の記録」をもとに、香港、台湾で活躍する日本人俳優ディーン・フジオカ(31)が初監督、主演に抜てきされた。タイトルは「I am Ichihashi~逮捕されるまで~」で、来年公開。

映画「I am Ichihashi―」は、市橋被告の手記「逮捕されるまで―」(幻冬舎刊)が原作。前例のない逃亡犯の手記として、公判前の1月に出版され話題になった。

米アカデミー賞外国語映画賞の「おくりびと」を手掛け、今作も製作するセディックインターナショナルの中沢敏明プロデューサーは「映画の題材として際立っている。本来、映画は影があった方がおもしろい。そんな時にこの題材を見つけた」と説明。07年3月に千葉県警の職務質問から逃れ、09年11月に逮捕されるまでの2年7か月間、23都府県を転々とした市橋被告。映画では、4度の自給自足生活を送った沖縄・オーハ島、作業員として寮に住み込みで働いた大阪での生活を軸に人間の業を描く。

監督、主演のディーンは香港、台湾で活躍する日本人俳優。日本での実績はゼロ、今作が初メガホンという異例の抜てきとなる。中沢氏が注目したのは、ディーンが高校卒業後、米、香港、台湾を10年以上渡り歩いてきた異色の人生経験だった。「長い間、外から日本を見ていたからか、日本人であって俯瞰(ふかん)的に日本を見られるまれな存在。独特の感性、考え方に強烈なインパクトを感じた」と起用を即決した。

ディーンは原作を繰り返し読み、担当弁護士を取材。実際に、市橋被告の足跡をたどる旅をして役へのイメージを膨らませた。「オーハ島は平常心を保てない、地の果てのような場所。(大阪)あいりん地区は日本の社会の縮図を見た気がした。体に染み込んだ感覚を作品に反映させたい。今は取りつかれたくらいに四六時中、市橋被告のことを考えている」

日本中を騒がせた殺人犯役だが「迷いはなかった」と言い切る。「自分の生まれた国で初めての仕事。努力次第だが、先に広がっていくチャンス」ととらえ、強い覚悟で挑む。「覚悟がなければやる意味がないし、やり切ることはできない。遺族の方、事件で悲しい思いをした人たちに責任感を感じる。命の尊さを伝えたい」と力を込めた。

クランクインは来年1月を予定。市橋被告との接見を望むディーンに、関係者は「被告次第だが、どこかでチャンスを作りたい」と話している。

◆リンゼイさん殺害事件 07年3月26日、千葉・市川市の市橋被告のマンションのベランダに置かれた浴槽から英会話講師リンゼイさんの遺体が見つかった。市橋被告は直前に、捜査員の職務質問を振り切り逃走。翌27日、県警に死体遺棄容疑で指名手配される。沖縄・オーハ島での自給自足の生活、顔の整形手術を受けるなどして2年7か月逃亡。09年11月10日、大阪市のフェリー乗り場で逮捕された。死体遺棄のほか、殺人と強姦致死の罪で起訴され、今年7月21日に無期懲役の判決。市橋被告は控訴している。

◆ディーン・フジオカ 1980年8月19日、福島県生まれ、千葉県育ち。31歳。高校卒業後、米シアトル留学。現地の大学を卒業後、香港でモデルとして活動。05年に映画「八月的故事」で俳優デビュー。06年から台湾を拠点にドラマ、映画に出演。12月2日に映画「The Road Less Traveled」、来年1月に「BLACK&WHITE」が台湾で封切られる。日本語、英語、中国語を話す。身長180センチ。体重60キロ。血液型A。

ENDS

Japan Times: More NPA behavioral oddities re alleged murders of Scott Kang and Matthew Lacey Cases

mytest

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Hi Blog.  Speaking of odd Japanese police behavior towards NJ in criminal cases:  We’ve talked about the Scott Kang and Matthew Lacey Cases here on Debito.org before.  Fortunately, these cases have gathered traction thanks to caring family members, and tenacious reporters who don’t accept the NPA’s line that both of these deaths of NJ were mere accidents (while refusing to cooperate promptly and clearly on autopsy reports).  I have argued before that Japanese justice operates on a different (and subordinate) track for NJ victims of Japanese crime (i.e., Japanese perps get off the hook, foreign perps get thrown the book).  These articles in the Japan Times help to fortify that case (not to mention further illustrate how the USG’s missions abroad are woefully inadequate in providing service and protections to their own citizens).  Arudou Debito

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

Japan Times, Tuesday, Sep. 6, 2011
THE ZEIT GIST
Kang family takes fight for justice to Tokyo (excerpt)
Father of young Korean-American who died in murky circumstances in Kabuki-cho feels let down by both the police and U.S. Embassy
By SIMON SCOTT
http://www.japantimes.co.jp/text/fl20110906zg.html, courtesy of the author

…Sung Won, the father of Hoon “Scott” Kang, the Korean-American tourist who died in mysterious circumstances in Shinjuku last year, arrived in Tokyo this week to continue his fight to seek justice for his son…

The Kang family is upset by the news that the official investigation into their son’s death has now been closed after the police concluded his death was accidental.

“I feel very angry and heartbroken,” says Scott’s father.

The Kangs and their supporters strongly reject the police finding of accidental death and want to see the case re-opened. They are also deeply unhappy with the way the Japanese police carried out the investigation and their failure to inform the family when they closed the case.

“Not only did they not tell my family, but we heard the news five months late. I was furious,” Kang says.

Nineteen-year-old Scott Kang was found lying unconscious in a pool of his own blood in the early hours of Aug. 26, 2010, in the sixth-floor stairwell of Collins Building 15, an eight-story high-rise of small hostess bars and clubs located near Shinjuku City Hall in Kabuki-cho. He remained in a coma for five days before dying of his injuries, his mother by his side, at the Kokuritsu Kokusai Iryo Kenkyu Center in Shinjuku.

The police investigation into his death was officially closed on Feb. 22, but the family was not informed of the fact until July — five months later…

The Tokyo Metropolitan Police say they notified the consular section of the American Embassy in Tokyo that the investigation had been closed on Feb. 22, and thought the information would be passed on to the Kang family.

But according to Mr. Kang, he received no communication from the U.S. authorities about the investigation’s closure until early July when an officer from the U.S. State Department telephoned.

Kang says that the failure of the embassy to pass on such critical information in a timely fashion shows the embassy is not taking the case seriously. “I feel the U.S. Embassy acted as if Scott was not a U.S. citizen.”…

The Kang family don’t just believe the police’s decision to close the investigation into Scott’s death was premature; they also think the police are withholding critical evidence from them that could prove Scott’s death was not accidental. One such piece of evidence is the autopsy report.

When Mr. Kang and Wozniak met with the Shinjuku police in October they requested a copy of the autopsy report into Scott’s death, but the police refused…

The refusal by police to give the next-of-kin of a deceased person a copy of the autopsy is common in Japan, but it is an approach that has attracted increasing criticism over the years. No one is more familiar with the difficulty of getting the police to release an autopsy than 50-year-old U.S. citizen and Japan resident Charles Lacey.

Lacey’s younger brother, Matthew Lacey, tragically died in Fukuoka in 2004 in suspicious circumstances. On Aug. 17 of that year, while Charles was staying in New York, he got a call from the Fukuoka Police informing him that they had found his brother’s body at the apartment where he lived and that he had died from dehydration and diarrhea…

Despite the unusual circumstances of his brother’s death, Lacey says the police initially had no plans to perform an autopsy, and it was only at his own behest that they reluctantly agreed to carry one out.

After Charles signed the necessary papers, an autopsy was performed on Aug. 19, two days after he was told of his brother’s death, at Kyushu University Hospital. Later the police told Charles that the autopsy showed a 20-cm fracture on his brother’s skull, and that based on this, their determination of cause of death had changed from death by sickness to an accident…

Lacey added that in his home country, it is standard procedure for a copy of the autopsy to be given to the next-of-kin of a deceased person when requested. In Japan, as Lacey discovered, things are not so simple, and it took him almost three years to get a copy of the report.

Full article at
http://www.japantimes.co.jp/text/fl20110906zg.html

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

Earlier article by the same author:

The Japan Times Tuesday, May 31, 2011
THE ZEIT GIST
Family slams stalled probe into Kabuki-cho death
Questions linger nine months after teenage American tourist was found unconscious in a Shinjuku stairwell
By SIMON SCOTT, courtesy of the author

Nine months after their only son, Hoon “Scott” Kang, a Korean-American tourist, died from severe head injuries sustained in the stairwell of a building in Kabuki-cho, his family and friends are still no closer to understanding how he died.

Although the Shinjuku police have officially opened an investigation into Scott’s death, the family has been told only that the investigation is “not complete.”

Rest of the article at http://www.japantimes.co.jp/text/fl20110531zg.html

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

Earlier article on Matthew Lacey Case, by Eric Johnston:

The Japan Times, Tuesday, Feb. 6, 2007
BUNGLED POLICE PROBE; UNCOOPERATIVE PROSECUTORS
U.S. man on quest to find cause of brother’s death (excerpt)
By ERIC JOHNSTON Staff writer, courtesy of the author
http://www.japantimes.co.jp/text/nn20070206f2.html

OSAKA — Charles Lacey’s brother died mysteriously 2 1/2 years ago in Fukuoka and he’s still trying to learn the cause.

He believes police bungled the investigation, wrongly concluded the death was due to an accident and are, like prosecutors, purposely withholding key information that could suggest foul play…

At the time, the family was told by police the preliminary cause of death was thought to be severe diarrhea and dehydration. Feces stains had been found on the toilet seat and the carpet, and Matt, who suffered from irritable bowel syndrome, had recently received a prescription to treat diarrhea. Robbery did not appear to be a motive, as Japanese and U.S. currency worth nearly $1,000 was found in plain view.

But once the Lacey brothers arrived in Fukuoka, the cops changed their story. The autopsy had revealed a 20-cm crack in Matt’s skull, and “cerebral hemorrhage” was now listed as the cause of death.

The English translation of the postmortem, which was prepared by Fukuoka police and not by the doctor who performed the exam, attributed the death to an “unknown external cause” and “it is suspected the subject was hit on the head.”

To the family’s surprise, foul play was ruled out.

“We were told by police that Matt must have fallen down in the kitchen, striking his head, and that the fall resulted in the skull fracture, despite the fact there were no signs in the kitchen of a fall,” Lacey said. “Our family felt something was wrong and that the police weren’t doing their job. There were too many unanswered questions to believe this was just an accident, as the police wanted us to believe.”…

Rest of the article at http://www.japantimes.co.jp/text/nn20070206f2.html
ENDS

Suraj Case of police brutality and death during Immigration deportation in Japan Times Nov 1, 2011

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
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Hi Blog. Sorry to take a day or two to get to this. Here we have more reported (thanks to assiduous folks at the Community Page at the Japan Times) on the Suraj Case, a mysteriously underinvestigated case we’ve mentioned here before of police brutality and death of an African during deportation. What gets me is that even some of the veto gates at the Japan Times, according to the editor of this article on his facebook entry, took issue with the use of the word “brutal” in the headline; given what finally came to light regarding the condition of Mr. Suraj’s corpse below, “brutal” is obviously appropriate. And it would not have come to light at all had not Mr. Suraj’s widow and these reporters not pursued this case with such tenacity. Keep it up, Japan Times. Who else in a milquetoast Japanese media that is generally unsympathetic to NJ issues would give a toss? Arudou Debito

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

The Japan Times Tuesday, Nov. 1, 2011

PHOTO CAPTION: Immigration policy on trial: Abubakar Awudu Suraj died after being restrained by immigration officers with hand and ankle cuffs, a rope, four plastic restraints and a towel gag before a flight to Cairo from Narita airport. Below: An illustrated note that Suraj passed to his wife during her visit to an immigration center during one of his periods in detention. COURTESY OF ABUBAKAR AWUDU SURAJ’S WIDOW

THE ZEIT GIST
Justice stalled in brutal death of deportee
Autopsy suggests immigration officers used excessive force in restraining Ghanaian
By SUMIE KAWAKAMI and DAVID MCNEILL
Courtesy http://www.japantimes.co.jp/text/fl20111101zg.html, thanks to lots of people

Abubakar Awudu Suraj had been in Japan for over two decades when immigration authorities detained him in May 2009. The Ghanaian was told in Yokohama of his deportation to Ghana at 9:15 a.m. on March 22 last year. Six hours later he was dead, allegedly after being excessively restrained by guards.

Jimmy Mubenga also died last year while being held down by three private security guards before takeoff on a British Airways flight from London to Angola. The father of five had lost his appeal to stay in the U.K. and was being deported. Mubenga put up a struggle and died after the guards sat on him for 10 minutes, say witnesses.

But the details of the deportations of two men from rich countries back to their native Africa, and their aftermath, are strikingly different. Mubenga’s death is already the subject of a vigorous police inquiry, front-page stories and an investigation by The Guardian newspaper. The case has been discussed in Parliament, where security minister Baroness Neville-Jones called it “extraordinarily regrettable.”

Suraj has received no such honors. The 45-year-old’s case has largely been ignored in the Japanese media and no politician has answered for his death. An investigation by Chiba prosecutors appears to have stalled. There has been no explanation or apology from the authorities.

His Japanese wife, who had shared a life with him for 22 years, was not even aware he was being deported. She was given no explanation when she identified his body later that day. His body was not returned to her for nearly three months. Supporters believe he put up a struggle because he wanted to tell his wife he was being sent home.

An autopsy report seen in a court document notes abrasions to his face, internal bleeding of muscles on the neck, back, abdomen and upper arm, along with leakage of blood around the eyes, blood congestion in some organs, and dark red blood in the heart. Yet the report bizarrely concluded that the cause of death is “unknown.”

Any movement in the Suraj case is largely down to his wife, who wants to remain anonymous. She won a lawsuit against the Justice Ministry, which oversees immigration issues, demanding it disclose documents related to his death. The documents were finally released in May, more than a year after he died…

Rest at http://www.japantimes.co.jp/text/fl20111101zg.html

////////////////////////////////////
UPDATE: — Economist (London) reports on Suraj Case, and NPA not allowing journalists to investigate, courtesy CR. Debito
==============================

Justice in Japan
An ugly decision
The Economist Nov 4th 2011, 8:05 by K.N.C.
http://www.economist.com/blogs/banyan/2011/11/justice-japan?fsrc=scn%2Ffb%2Fwl%2Fblanuglydecision

BOUND and gagged, a man dies in the custody of immigration officers while being forcibly deported. The police investigate slowly. Prosecutors mull the case. The wheels of justice barely turn.

Now, it looks like the case will be dropped completely—and a man’s death go unpunished. Prosecutors in Chiba prefecture, where Tokyo’s Narita airport is located, have decided not to indict the ten officers who carried Abubakar Awudu Suraj’s unconscious body onto an Air Egypt flight in March 2010 before he was declared dead, according to a new report in the Yomiuri Shimbun.

Two official autopsies at the time could not determine the cause of death, though Mr Suraj’s widow saw injuries to his face when she identified the body. A new autopsy however purports to reveal that he had suffered heart disease and says the cause of his death was illness.

This is hard to swallow at face value. Three days after the incident an immigration official told Mr Suraj’s widow “It is a sorry thing that we have done.” Officialdom dragged its heels to such a degree that she had to file criminal charges and later civil charges. The kind of gag that was used to restrain him is prohibited, though its use is said to be commonplace.

Mr Suraj was a Ghanaian national who arrived in Japan in 1988, learned the language, worked odd jobs and married a Japanese woman. He was arrested for overstaying his visa and the courts didn’t accept his requests to remain. The March 2010 deportation was the immigration bureau’s second attempt—after Mr Suraj made such a rumpus the first time round that it had to be stopped. So perhaps officers used a bit of extra force to make sure it didn’t fail.

It is an ugly situation. The authorities surely didn’t mean for Mr Suraj to die in custody. But since he did, the people responsible should be held legally accountable. The Chiba prosecutors, by suggesting they may drop the case, look as complicit as the ten officers themselves.

Addendum, 5 November 2011: When The Economist requested an interview with the Chiba prosecutor’s office, the answer was a firm no. An employee said that interviews are only allowed for members of the prosecutors’ “Kisha Club,” the quasi-formal groups that control the flow of news to major Japanese news organisations (and which tend to turn journalists into stenographers for officialdom, by neutering independent reporting). The employee said that the only time The Economist can prosecutors questions is during an annual “press registration”—whose application deadline is long past. Must every Japanese institution be designed to keep out outsiders?
ENDS

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

RE: Civil suit mentioned above:

Japan’s immigration policy
Gone but not forgotten
The Economist Aug 5th 2011, 9:45 by K.N.C. | TOKYO
http://www.economist.com/blogs/banyan/2011/08/japans-immigration-policy

WRISTS cuffed, ankles bound and with a rolled towel shoved in his mouth, Abubakar Awudu Suraj died in the custody of nine Japanese immigration officers on March 22nd 2010 while being deported to Ghana for overstaying his visa. Since then his widow and friends have sought information—and justice—from the authorities, but have been ignored. On August 5th 2011 they filed a civil suit against the government.

The Chiba prefectural prosecutors have received the results of an investigation but have yet to act. None of the officers have been sanctioned at all, explains Koichi Kodama, a lawyer working on Mr Suraj’s case. He argues that the authorities are trying to cover up misdeeds. For example, restraining a person by using ankles cuffs and a towel is not permitted, he says. And in a videotape of the botched deportation, the supervisor tells the cameraman to stop filming as things get hot, says Mr Kodama.

The civil suit seeks compensation of ¥136m (around $1.5m) from the government for wrongful death. But the real motivation is to hold the authorities to account, explains Mr Suraj’s widow. “I want to reveal the truth without concealing anything,” she says. “They were carrying a human being. I don’t understand why they had to treat him like that. I feel very powerless,” she says.

The Japanese mainstream media have largely ignored the case. (We reported it May 2010 and followed up in December 2010.) The head of the immigration bureau left out unflattering facts about his officers’ conduct when he was called to the Diet (parliament) to explain what happened. A criminal case was filed as well, naming the officers involved, but it has barely budged on the court’s docket. The ministry of justice looks hampered by rather obvious conflicts of interest. The ministry’s agents hold the evidence of wrongdoing that their colleagues are alleged to have committed. The ministry stands responsible for penalising officials within its own ranks.

One small change is that since Mr Suraj’s death, there apparently have not been any other forced deportations. But that only sharpens the question. As long as Mr Suraj’s case is ignored by officialdom, it is Japan’s institutions of justice that fall under suspicion. Every day that the officers who were present when Mr Suraj died don their uniforms and walk into their offices is another day in which the Japanese state looks complicit in a cover-up.
ENDS

Allegations of more rough stuff from Rightist Zaitokukai against anti-nuclear demos, yet anti-nuclear demonstrators get arrested

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE, on child abductions in Japan, by ARUDOU Debito

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Hi Blog. There have been demonstrations against nuclear power recently in Japan (one in Tokyo that at one estimate attracted 60,000 demonstrators). And of course there have counter-demonstrations against the demonstrations. However, one group, claimed to be Zaitokukai in a video below (with its own history of violent and property-damaging demonstrations) gave exhortations to police to inflict violence on the anti-nuke protesters (if not getting rough with the protesters themselves). Yet as usual the Japanese police do not arrest or hinder the Rightists (examples hereherehere, and within the movie Yasukuni), instead taking action against the Leftists — arresting two in the following video.

One Japanese woman and one French man. The two arrested offer their account of what happened here:

FCCJ Press Conference on this issue today, along with an eyewitness account of the demonstration from the H-Japan listserv reproduced below.  Courtesy of NS and others. Arudou Debito

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

“Peaceful Rally Ended with Dozens in Handcuffs”

Time: 2011 Sep 29 15:00 – 16:00
Summary:
PRESS CONFERENCE
Karin Amamiya , Author
Kojin Karatani, Philosopher
Eiji Oguma, Keio University Assistant Professor
Satoshi Ukai , Hitotsubashi University Professor
Courtesy http://www.fccj.or.jp/node/6921
Language:
The speech and Q & A will be in Japanese with English interpretation

Description:
Police arrested 12 demonstrators at a peaceful rally in Shinjuku against nuclear power plants on September 11. Five of the 12 are still in police custody, being held without charge. The arrestees included a French national and his Japanese partner.

Police changed the route for the demonstration just before nearly 10,000 people gathered for the march. During the demonstration, witnesses say the police intentionally divided the protesters into small groups then deliberately provoked sections of the crowd. The incident has barely been reported by the Japanese press, and even some of the few reports that were published alleged misbehavior on the part of the protesters based not on actual observation but entirely on police accounts.

Some allege that this particular group of protesters have been targeted by police because they are made up primarily of young people rather than the middle-aged and older protesters who turn up at many such events. In other words, the police seem to fear the politicization of the young more than other age groups.

Are the Japanese police trying to silence political dissent through a systematic campaign of intimidation against the young in particular? Are the democratic rights to protest being observed in practice by those who claim to be protecting Japan’s social order? This event is an opportunity to reflect upon these crucial issues.

Scholars, writers and political analysts have issued a joint statement denouncing police suppression of the September 11 rally. The harsh measures against a peaceful protest may have enormous implications for the future in Japan. Come and hear what the speakers have to say and judge for yourself.

Please reserve in advance, still & TV cameras inclusive. Reservations and cancellations are not complete without confirmation.

Professional Activities Committee
Posted by Akiko Saikawa on Mon, 2011-09-26 15:37
ENDS

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

Begin forwarded message:

From: “H-Japan Editor, Rikiei Shibasaki”
Date: September 26, 2011
To: H-JAPAN@H-NET.MSU.EDU
Subject: H-Japan (E): 60,000 in Sayonara Genpatsu Demo in Tokyo; a politics of survival; women looking out for their, and Japan’s, children…
Reply-To: H-NET/KIAPS List for Japanese History

H-Japan
September 26, 2011

Date: Sun, 25 Sep 2011
From: “David H. Slater”

Although it was obscured by typhoon 15 (does it never end here in Japan?),
more than 60,000 people marched through Tokyo in the “Sayonara Genpatsu”
Demonstration on Sept. 19th before the rains came.

Here is a video that captures the scene and some of the speakers, who
included Oe Kenzaburo, Yamamoto Taro, Sakamoto Ryuichi, and a moving Mutou
Ruiko (if you watch until the end of the clip).
http://www.youtube.com/watch?v=k5Q5cRWpQaU
And a short English clip: http://www.youtube.com/watch?v=OzT-t4qguYA
And a collection of pictures from a photo journalist:
http://blog.uchujin.co.uk/2011/09/anti-nuclear-protest-tokyo-19th-september-2011/

Here is an English article
http://old.news.yahoo.com/s/ap/20110919/ap_on_re_as/as_japan_anti_nuclear_protest
(Notice how Yahoo categorizes this: as “old news” [reproduced below])

There was some of the same sort of “precarity” matsuri atmosphere, but with
a wider age range of marchers, including the older people and young families
we saw earlier in the summer were there also; more walking, less dancing,
and more smaller conversations going on, too. Also, in the area where I was
standing, many unions were there.

The discourse that has long been in the alternative media and activist
movements is now increasingly in the mainstream media and popular
understandings, and can seen everywhere: de-politicization. This story, as
rendered in both the mainstream press and in activist statements, town
meetings and causal conversation, begins with the a political failure–of
the Japanese government to provide reliable information and support. The
government’s political failure leads to ‘non-political’ alternatives taken
by ‘non-political’ citizens.
http://www.youtube.com/watch?v=Y6gCDG-BE2M&feature=player_embedded

As things were breaking up, I asked one man why he had come. He said that he
was not a very politically active man, but thought that this was important.
A woman, apparently his wife, jumped in to explain, “This is not political.
We are here as part of common sense. As a mother, we have to think about
what to feed our children and where to live, especially if
the government won’t give us the reliable information. It is
our responsibility to figure out how the children will live, how to
survive.” Many if not most of the speakers call upon this discourse in some
form. The word “kodomo” (child) is often used in signs and posters

A politics of survival? A discourse that recasts the most political issue of
3.11 as something not political, outside of the political, more fundamental
and more relevant than politics? Of course, there it is nothing new in Japan
to label somethings “political” and others not. As in other countries,
“political’ here means cynical, self-serving, the opposite of civic-minded.
No one wants to be called “political.” Rather, people want to identify their
cause as of ‘economic necessity’ or a ‘national priority’ or best of all,
‘common sense.’

What is somewhat different is that now, the spokesman for this discourse
is, well, not a man at all. The image of a woman with her children, doing
the one thing that is the most mainstream (conservative?) socially
sanctioned, culturally valued and politically prioritized (if economically,
still a challenge to many) to women in today’s Japan: protecting her
children and the future of Japan. While this rendering of a woman’s role as
mother in a family (rather than in the workplace or community), its identity
with the state’s priority can also make it a powerful alternative voice,
against the state’s support of nuclear power via the danger of
radiated vegetables.

In the spring and early summer, when mothers marched against the power
plants, it got large press, for example:
http://search.japantimes.co.jp/member/member.html?mode=getarticle&file=nn20110709f2.html
And when mothers speak out today, their voices are far more valued than
those precarious part-time workers who we let clean up the mess in the power
plants. These woman’s voices are much more often amplified in our press
coverage than the other population in Japan’s core constituency at risk:
farmers. (Is it that we imagine the mothers to be our middle-class futures
while the farmers to be a dying hold-over from an agrarian past? Good link
on Cows and Farmers protesting in Tokyo here:
http://www.culanth.org/?q=node/417)

Why the failure to get townships relief and aid is not the primary political
issue today is another question…

David H. Slater, Ph.D.
Faculty of Liberal Arts
Sophia University, Tokyo

————————-End H-Japan Message————————

Thousands march against nuclear power in Tokyo

AP
Protesters in costume perform during the anti-nuclear demonstration  in Tokyo, Japan, Monday, Sept. 19, 2011. Chanting "Sayonara nuclear power" and wa
AP – Protesters in costume perform during the anti-nuclear demonstration in Tokyo, Japan, Monday, Sept. 19, …
By MALCOLM FOSTER, Associated Press – Mon Sep 19, 11:28 am ET

TOKYO – Chanting “Sayonara nuclear power” and waving banners, tens of thousands of people marched in central Tokyo on Monday to call on Japan’s government to abandon atomic energy in the wake of the Fukushima nuclear accident.

The demonstration underscores how deeply a Japanese public long accustomed to nuclear power has been affected by the March 11 crisis, when a tsunami caused core meltdowns at three reactors at the Fukushima Dai-ichi complex.

The disaster — the worst nuclear accident since Chernobyl — saw radiation spewed across a wide part of northeastern Japan, forcing the evacuation of some 100,000 people who lived near the plant and raising fears of contamination in everything from fruit and vegetables to fish and water.

“Radiation is scary,” said Nami Noji, a 43-year-old mother who came to the protest on this national holiday with her four children, ages 8-14. “There’s a lot of uncertainty about the safety of food, and I want the future to be safe for my kids.”

Police estimated the crowd at 20,000 people, while organizers said there were three times that many people.

In addition to fears of radiation, the Japanese public and corporate world have had to put up with electricity shortages amid the sweltering summer heat after more than 30 of Japan’s 54 nuclear reactors were idled over the summer to undergo inspections.

Prime Minister Yoshihiko Noda, who took office earlier this month, has said Japan will restart reactors that clear safety checks. But he has also said the country should reduce its reliance on atomic energy over the long-term and explore alternative sources of energy. He has not spelled out any specific goals.

Before the disaster, this earthquake-prone country derived 30 percent of its electricity from nuclear power. Yet Japan is also a resource-poor nation, making it a difficult, time-consuming process for it to come up with viable alternative forms of energy.

Mari Joh, a 64-year-old woman who traveled from Hitachi city to collect signatures for a petition to shut down the Tokai Dai-ni nuclear plant not far from her home, acknowledged that shifting the country’s energy sources could take 20 years.

“But if the government doesn’t act decisively now to set a new course, we’ll just continue with the status quo,” she said Monday. “I want to use natural energy, like solar, wind and biomass.”

Before the march, the protesters gathered in Meiji Park to hear speakers address the crowd, including one woman from Fukushima prefecture, Reiko Muto, who described herself as a “hibakusha,” an emotionally laden term for survivors of the atomic bombs in Hiroshima and Nagasaki.

Those evacuated from around the plant remain uncertain about when, if ever, they will be able to return to their homes.

An AP-GfK poll showed that 55 percent of Japanese want to reduce the number of nuclear reactors in the country, while 35 percent would like to leave the number about the same. Four percent want an increase while 3 percent want to eliminate them entirely.

The poll, which surveyed 1,000 adults between July 29 and Aug. 10, had a margin of error of plus or minus 3.8 percentage points.

Author Kenzaburo Oe, who won the Nobel literature prize in 1994 and has campaigned for pacifist and anti-nuclear causes, also addressed the crowd. He and musician Ryuichi Sakamoto, who composed the score to the movie “The Last Emperor,” were among the event’s supporters.

ENDS

NJ topic du jour: Yomiuri, Mainichi, Nikkei pile on re free papers ads encouraging NJ “criminal behavior”, deemed “criminal infrastructure”

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb

Hi Blog. Related to my FCCJ article posted here a couple of days ago, we have the J-media now piling on about “harmful ads in the free newspapers aimed at foreigners”, encouraging criminal behavior. This is a national issue of course (as I argued before, articles/campaigns about foreign crime take priority, even drown out good news (or any news) about NJ residents in Japan), and essentially the same article becomes common to the major papers (submitter JK sends the Yomiuri, Mainichi, and Nikkei).

When I said to JK: “Thanks for these, but not sure what angle to pursue. People will (groundfully) counterargue that these sorts of activities advertising ways for people to break the law should be rightfully reported and stamped out. What would you say to them?”, JK counterargued:

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

“Hi Debito: I would say that I find it odd that on the one hand, the NPA is focused on ads in free papers enticing foreigners to perform criminal acts, whereas on the other hand, the NPA has, to my knowledge, yet to report on the number of pachinko parlors that paid out tokens / goods to players which were converted into cash (read: gambling, a criminal act!).

“To me, it’s obvious that the NPA is being selective in investigating potential criminal acts because in the case of the ads in the free papers, NJ are specifically involved.

“Wouldn’t it be great if the NPA, instead of reporting that x% of ads offered illegal employment, and y% of ads offered brokerage services, etc., reported that x% cash paid out was converted from pachinko parlor tokens, and y% of cash winnings was from stuffed animals?”

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

Point taken. Finally, JK sends a positive article towards NJ (regarding something cultural), but like I said in my FCCJ article, that gets confined to local papers. Might be because it’s a local event/issue, but so does anything positive towards NJ seem. It’s the negative stuff that becomes part of NPA campaigns against “foreign crime”, not the positive stuff ever becoming, say, a national GOJ campaign for “up with people”. Not the best examples, but anyhoo, good timing for these mild cases in point to illustrate a phenomenon I brought up. Arudou Debito

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

Over 730 ads for overstayers, fake marriages uncovered
The Yomiuri Shimbun (Sep. 16, 2011)
http://www.yomiuri.co.jp/dy/national/T110915005701.htm

Many ads encouraging criminal behavior such as working illegally and entering into fake marriages have been carried by free newspapers aimed at foreigners, according to a police survey.

The survey, conducted by the National Police Agency in May and June, said 736 harmful ads were found in papers distributed in commercial and entertainment districts around the nation.

The NPA will ask publishers of free papers not to run ads encouraging criminal activity. It also may pursue criminal charges against publishers allowing such ads to appear in their papers.

According to the survey, 58 free papers distributed in Tokyo and 24 other prefectures have carried such ads. Of them, 26 were aimed at Chinese and 22 at Koreans. Others were for Filipinos and Brazilians living in Japan.

The free papers carrying the ads also contain information on daily life services and restaurant information for foreigners.

Forty percent of the ads, or 291, offer illegal employment, with some recommending work in sex-related establishments.

Twenty-four percent of the ads, or 174, offer brokerage services to falsify residential qualifications or social status. They included such messages as: “We seek illegal overstayers who want to marry a Japanese” and “We can change your illegal entry status to a legal one.”

The Metropolitan Police Department has uncovered a number of cases involving illegal work and fake marriages, including some in which readers successfully asked specialists in administrative procedures and others who carried ads in the papers for residential status.
ENDS
//////////////////////////////////////////

Ads promoting criminal acts found in free papers for foreigners
(Mainichi Japan) September 15, 2011
http://mdn.mainichi.jp/mdnnews/news/20110915p2a00m0na001000c.html

A number of advertisements encouraging crimes are carried in free papers for foreign residents in Japan, the National Police Agency (NPA) has found.

According to the NPA, a total of 736 ads promoting criminal acts were carried in 58 free papers providing living information to Chinese, South Korean, Brazilian and other foreign residents in Japan in their respective mother tongues between May and June. Many of the ads involved such wrongful acts as overstaying visas and illegal work.

The NPA has requested the publishers of those free papers not to carry such inappropriate ads.

By content, 39.5 percent of the ads were about job placement; 23.6 percent about disguised mediation of certificates and status; 20 percent about soliciting unauthorized sales; and 6 percent about introducing residences.

“International marriage: We welcome those whose visas will soon expire. Will introduce partners immediately,” one ad says, while another says: “Hostess immediately needed. With or without a visa.” Yet another ad reads, “(We will introduce) nominees or guarantors. All Japanese.” Some advertisers falsely identify themselves as administrative scriveners, while others suggest assisting fake marriages and overstaying visas.

The NPA has named the services and means of communication that promote crimes as “crime infrastructure.”
ENDS
///////////////////////////////////////////////

犯罪助長広告:外国人向け無料紙58紙に736件--警察庁調査
毎日新聞 2011年9月15日 東京朝刊
http://mainichi.jp/select/wadai/archive/news/2011/09/15/20110915ddm041040067000c.html

国内在住の外国人向けに生活情報を提供するフリーペーパーに、犯罪を助長するような広告記事が多数掲載されていることが警察庁の調査でわかった。不法な滞在や就労につながるものが目立ち、警察は発行者に対して不正な広告を掲載しないよう要請している。

調査は5~6月に全国的に実施。中国人、韓国人、ブラジル人などを対象に、母国語で発行される58紙に計736件の問題広告が見つかった。文面は「国際結婚 ビザの期限がもうすぐの方歓迎 すぐに紹介」「ホステス急募 ビザ不問」「名義人・保証人(のあっせん) 全部日本人」などで、行政書士を名乗ったり、偽装結婚や不法残留の手助けを示唆するものもある。

広告内容の内訳は、就労あっせん39・5%▽資格・身分の偽装仲介23・6%▽(無許可・無登録の)地下営業20%▽住居あっせん6%--など。警察庁は犯罪を助長するサービスや通信手段を「犯罪インフラ」と規定している。【鮎川耕史】
ENDS
///////////////////////////////////////////////

外国人向けフリーペーパー 不正広告、58紙で736件
日本経済新聞 2011/9/15 0:29
http://www.nikkei.com/news/category/article/g=96958A9C93819695E3E6E2E0878DE3E6E2EBE0E2E3E39191E3E2E2E2;at=ALL

全国の警察が、繁華街などで配られる外国人向けのフリーペーパーを5~6月に調査したところ、偽装結婚や偽装養子縁組の仲介などをうかがわせる不正な広告が58紙で計736件掲載されていたことが14日、警察庁のまとめで分かった。

「国際結婚 20~50歳の在日中国女性募集 ビザの期限がもうすぐの方歓迎」「証明書発行 日本全国3日でお届け」といった表現が並んでいたといい、警察当局は発行者に広告の掲載打ち切りなどを要請している。

問題のある広告は25都道府県で見つかり、不法就労のあっせんなど求人関係が291件、偽装結婚や偽装養子縁組など資格や身分の偽装仲介が174件など。国別では中国人向けが531件で最多。次いで韓国153件、ブラジル39件の順。

警察庁は、偽装結婚や他人名義の携帯電話などを、詐欺やサイバー犯罪など別の犯罪を起こしやすくする「犯罪インフラ」と定義し、取り締まりを強化。一環としてフリーペーパーの情報収集を全国の警察に指示した。
ENDS
///////////////////////////////////////////////

Now for the positive one towards NJ, local paper only. Submitter JK comments, “Too bad stories like these are the exception and not the rule.”

母国の昔話:日本生まれの子に文化伝えたい 江南在留の外国人、紙芝居制作へ /愛知

毎日新聞 2011年9月15日 地方版

http://mainichi.jp/area/aichi/archive/news/2011/09/15/20110915ddlk23040285000c.html

ブラジル人やフィリピン人、中国人など37カ国約1600人が生活している江南市で、母国に伝わる昔話を伝えていこうと、市国際交流協会が外国語の紙芝居の制作を始めた。協会の早瀬裕子運営委員長は「この取り組みが親子の触れあいを増やし、母国への関心を高めてもらえれば」と話している。【渡辺隆文】

多くの外国人の子どもたちは、日本で生まれたり、幼少期に来日しており、自国の文化に親しむ機会が少ない。日本語が堪能な一方で、母国語を話すことがほとんどないため、両親との会話が困難という子どもも多いという。

紙芝居は同市で生活するブラジルやフィリピンなど人数が多い5カ国に絞って、それぞれ外国語と日本語を併記し、2人1組になって制作している。

ブラジル出身で来日17年目の杉原アンジェラマリ子さん(37)は、森にすむ妖精が動物や木々を守り自然の大切さを教えるブラジルの昔話「クルピーラ」を選んだ。杉原さんは「両親から聞かせてもらった時を思い出しながら作った」と話す。また、フィリピン出身で来日25年目の青山ルーイさん(44)は、何事に対しても優しい心で接すると幸せになるという「イボンアダルナ」を制作しており、「フィリピンには紙芝居はない。すごく楽しい気持ちで取り組んでいる」と笑顔をみせる。

紙芝居は年内の完成を目指しており、来年早々には発表会を開く計画だ。プロジェクターでも上映できるようにするという。完成後は他の自治体への貸し出しも予定している。問い合わせは市生涯学習課(0587・54・1111)。
ENDS

FCCJ No.1 Shimbun: “Nothing has changed”, my article on J media blind spots towards NJ residents over the past quarter century

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

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Hi Blog.  Last month the FCCJ‘s No.1 Shimbun invited me to give my opinion about “blind spots” in the Japanese media vis-a-vis Japan’s foreign communities.  Here’s what I wrote.  After a quarter century observing this, it was nice to put it all together in my mind.  Enjoy.  Arudou Debito

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

Nothing has changed 

After 25 years, little change for the better seen in the media’s coverage of foreigners

by Arudou Debito

Foreign Correspondents Club of Japan, No.1 Shimbun, September 2011.

Courtesy http://no1.fccj.ne.jp/index.php?option=com_content&view=article&id=481:nothing-has-changed&catid=71:sept-11&Itemid=101

Full September 2011 No.1 Shimbun with all articles at http://no1.fccj.ne.jp/index.php?option=com_content&view=category&layout=blog&id=71&Itemid=101

No.1 Shimbun archives here.

In the quarter century I have been examining the treatment of foreigners in both the English and vernacular media, I have seen little improvement. In fact, in many ways it’s gotten worse. The foreign element has been increasingly portrayed as the subterfuge that will undermine Japanese society. To crib from a famous book title, Japan has become not only the “system that soured,” but also the “media that soured.”

When I first got here in the mid-1980s, at the start of Japan’s bubble era, non-Japanese (NJ) were seen as quirky “misunderstood outsiders,” treated with bemusement for their inability to understand “Japan’s unique culture.” NJ were here to help Japan learn English and internationalize itself into its hard-earned echelon as a rich country in the international community. After all, Japan had just surpassed the per-capita gross domestic product of its mentor – the United States – so the media was preparing the public for Japan’s new role as oriental ambassador to the West.

Up in Sapporo, where I have spent most of my time, designs for NJ were a little less heady, but we were then treated like “honored guests” (if not “rare birds” to be sighted with joy). We enjoyed instant comparative-culture ambassador status, complete with token slots in newspapers and talk shows, to offer bright visions of Japan’s modern, tolerant, America-ish future (like the guest instructors who were brought over to modernize Japan during the “catch-up” phase of the Meiji Era). The local print and broadcast media offered us polite winces for our error-filled (and perpetually uncorrected – so darn cute!) Japanese, and we tolerated wasabi-laden food in front of the cameras.

However, the tacit understanding behind this century-old ersatz cultural ambassadorship is that ambassadors are temporary. Someday we would go home with the afterglow of pleasant memories, as a former guest of a faraway land with red lanterns and paper walls and all that. But that didn’t happen. Over a million NJ, your correspondent included, liked it here so much they stayed on.

Then Japan’s bubble economy burst in the 1990s. As economic indicators plateaued then headed south, the media mood subtly shifted. Perennially feel-good broadcasts (I remember one TV show entitled “Sports and News” – yes in that order) shifted to programs dedicated to “turning that frown upside down”; when they ran out of good news to report, they switched more to comedy and food shows.

Fortunately, these NJ media guests were still the “misunderstood outsiders,” only this time more as curiosities to be examined under Japan’s “pigeonhole everyone in cultural boxes” version of social science (visible in broadcasts such as “Koko Ga Hendayo Nihonjin,” a watershed show that pitted 100 motley Japanese-speaking NJ panelists against several even more motley Japanese tarento). This time, however, thanks to new visa regimes importing cheap NJ labor to preserve the competitiveness of Japan’s export industries (and keep farms and smaller factories from going bankrupt), NJ were now more culturally and linguistically fluent. They were beginning to speak for themselves, shape their own media image, and even possibly establish themselves as immigrants. But by the turn of the century, Japanese conservatives began to use the media to put the kibosh on.

The next phase, which has essentially continued to the present day, overtly began on April 9, 2000, when recently elected archconservative Tokyo Gov. Shintaro Ishihara made his famous “Sangokujin” speech. He claimed that some NJ were “repeatedly committing heinous crimes,” and called for the Self-Defense Forces to round up NJ in the event of a natural disaster as they would (unprecedentedly) riot. Even in light of the Tohoku disasters, where this has been proven as utterly false, there has been no amendment or retraction. But this speech emboldened Japan’s reactionaries (particularly its police, fortified by its new internal “Policymaking Committee Against Internationalization”) to see rampant NJ bashing as politically viable.

The 2000s saw the “reverse course” of the more liberal 1980s and 1990s. The National Police Agency launched biannual media campaigns against foreign criminals and “illegal overstayers,” showing how NJ were somehow committing more crime than Japanese as drug smugglers, gun runners and general disturbers of the peace. The agency offered images of foreigners invading Japan’s shores and pillaging its citizens, and established online “snitch sites” for anyone to anonymously rat on NJ suspected to be an “illegal overstayer.”

The established media was exceptionally compliant in disseminating this propaganda. They reported NPA crime announcements verbatim as writ, without analysis of the faulty claims and flawed statistics (e.g., reporting NJ crimes separately, however small, and as percentages – not as raw numbers – and without any contextual comparison with crimes committed by Japanese). By the end of the decade, the media was bending over backwards to criminalize NJ. Even when overall NJ crime declined, newspapers pinpointed selective crime rises, headlined crime falls in their English articles while marking it out as a rise in the same Japanese article, or manufactured news on the prospect of NJ crime rises.

In sum, the “blind spot” of Japanese media is that hardly any of it treats NJ as actual residents, with needs, concerns, and a stake in Japan. Local media do give spots on how NJ community events are faring, with the occasional update on social problems facing stricken foreign families. But that generally happens in areas with “high” concentrations of registered NJ residents (around 10% of total local population, achieved in increasingly fewer places as the NJ population drops). Rarely does NJ community news leak into more national arenas (unless, of course, it concerns foreign crime). Hardly anywhere in the Japanese-language media is a constant “voice” or venue granted to NJ regulars to offer an alternative viewpoint of life in Japan. (Please note, and this is not meant as a criticism, but tarento regulars like Dave Spector are first and foremost entertainers, rarely spokespeople for minorities, and foreign tarento have in fact visibly declined in number compared to their bubble era heyday.) Thus, unabashed bashing of NJ in the Japanese media goes unanswered without check or balance.

Have things improved since March 11? I would argue not. In March and April, Japanese media bashed NJ afresh. Despite foreign governments issuing advisories for their citizens to take evasive action during the disasters (which overseas Japanese in the same position would have followed), NJ were blamed for cravenly running away, deserting their posts (remember the “flyjin,” rendered in Japanese as nihon o saru gaikokujin?) and looting. Once again, there was no comparison with AWOL Japanese, and no questioning of Ishihara’s 2000 prediction that foreigners would run amok. Predictably, that frenzy has died down, and some media outlets have reported on the volunteerism and generosity of NJ in relief efforts. But in the end, I believe that NJ will get at most a token expression of gratitude (as I did from the Kobe Government – a “thanks” sticker that I treasure – for going down and helping out during the 1995 quake), but not what they really need – a consistent, national-level public recognition of their longstanding contributions to Japanese society.

The Japanese media is hard-wired against seeing Japan as anything but the “realm of the Japanese people,” with outsiders not allowed to “join the club” and express their views over time as insiders. Moreover, Japan’s reflexive media bashing of the outsider will continue to isolate it from the outside world. As both the Japanese and foreign populations continue to dwindle, along with the dimming of Japan’s future prospects, I don’t see that changing anytime soon.

ENDS