10月5日朝日新聞(朝)「後絶たぬ『外国人お断り』」Oct 5’s Asahi on NJ discrimination and what to do about it

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
Hi Blog. Had a couple of telephone interviews with the Asahi this week, and some quotes got incorporated into a tidy big article on discrimination against NJ in Japan in what should be done about it. Have a read. Good illustrations too — get the point across. Arudou Debito in Sapporo

(click on images to expand in your browser)

ENDS

UK now considering introducing Gaijin Cards

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

Hi Blog.  Here’s another brick in the wall, alas.  The UK is also proposing the introduction of Gaijin Cards.  Just when you thought you could point to other countries and say, “Look, they don’t do something like this, so let’s not do it here,” they go ahead and do it too.  Sigh.  

It’s not absolutely the same system at this point — not all foreigners have to get this card.  Yet.  But I like how the counterarguments to the scheme are similar to ones I’ve made in the past — about how guinea-pigging a segment of the population is the thin edge of the wedge to introducing the scheme for everyone.  And no mention as yet in this article as to whether it’ll be a criminal offense, warranting arrest and interrogation after instant street spot checks, if you are not carrying the card on your person 24-7.  Meanwhile, let’s wait and see what Japan does with its long-announced intention to Gaijin Chip all NJ with new improved RFID.  In the club of developed countries, I don’t think Japan will be outdone in its policing of its foreigners.

Two more links of interest related to this topic.

http://www.boingboing.net/2008/09/26/britain-will-make-fo.html

http://www.japanprobe.com/?p=6343

Arudou Debito in Sapporo

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

Foreign national ID card unveiled

UK ID card from pilot scheme 

ID cards for British nationals will begin to be introduced next year

The first identity cards from the government’s controversial national scheme are due to be revealed.

BBC News.  Page last updated at 07:14 GMT, Thursday, 25 September 2008 08:14 UK

http://news.bbc.co.uk/1/hi/uk_politics/7634111.stm

The biometric card will be issued from November, initially to non-EU students and marriage visa holders.

The design – containing a picture and digitally-stored fingerprints – is a precursor to the proposed national identity card scheme.

Critics say the roll-out to some immigrants is a “softening up” exercise to win over a sceptical general public.

The card, to be unveiled by Home Secretary Jacqui Smith, will also include information on holders’ immigration status.

 

FOREIGN NATIONAL ID CARDS
Students and marriage applicants first
Others to follow over coming decade
50,000 cards by next April
Costs £311m to 2018
Visa charges to cover costs

The Border and Immigration Agency will begin issuing the biometric cards to the two categories of foreign nationals who officials say are most at risk of abusing immigration rules – students and those on a marriage or civil partnership visa.

Both types of migrants will be told they must have the new card when they ask to extend their stay in the country.

The cards partly replace a paper-based system of immigration stamps – but will now include the individual’s name and picture, their nationality, immigration status and two fingerprints.

Immigration officials will store the details centrally and, in time, they are expected to be merged into the proposed national identity register.

 

 The Home Office is trying to salami slice the population to get this scheme going in any way they can 
Phil Booth, No2ID

The card cannot be issued to people from most parts of Europe because they have the right to move freely in and out of the UK.

Ministers say the cards will combat illegal immigration and working because officials, employers and educational establishments will be able to check a migrant’s entitlements more easily.

The Conservatives say they support modern biometric cards for immigrants – but they say a national identity register remains unworkable.

Phil Booth, head of the national No2ID campaign group, attacked the roll-out of the cards as a “softening-up exercise”.

“The Home Office is trying to salami slice the population to get this scheme going in any way they can,” Mr Booth told the BBC.

“Once they get some people to take the card it becomes a self-fulfilling prophesy.

“The volume of foreign nationals involved is minuscule so it won’t do anything to tackle illegal immigration.

“They’ve basically picked on a group of people who have no possibility of objecting to the card – they either comply or they are out.”

ENDS

The Japan Times Community Page on the JBC “Gaijin Debate”, part two.

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
Hi Blog. The JUST BE CAUSE Columns I wrote these past two months on the word “Gaijin” have inspired a lot of debate. Again, good. Thanks everybody. Here’s another salvo from The Community Page yesterday. I’ll have a Part Three on this issue out in The Japan Times on October 7, talking about how the strict “insider-outsider” system here (of which “Gaijin” is but a subset of) also affects Japanese, and hurts Japanese society as a whole. Thanks for reading and commenting. And I love the illustration below.  Arudou Debito in Sapporo

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

Readers get last word on ‘gaijin’ tag 

The Japan Times Tuesday, Sept. 23, 2008

News photo

The Community Page received another large batch of e-mails in response to Debito Arudou’s followup Sept. 2 (Sept. 3 in some areas) Just Be Cause column on the use of the word “gaijin.” Following is a selection of the responses.

Don’t live in denial like U.S.

Here in America, we hear about the word “gaijin,” but its significance is not clear to us. However, when your writer connects it to the N-word . . . well, that is, as Frank Baum would say, “a horse of a different color” — we get the impact immediately.

Hence, as an African-hyphen-American, and one that has living relatives of three other ethnicities, I say, “Well done.” I hope your Japanese readers will not live in denial like their American counterparts. Slavery has now been dead some 200 years and its cousin, segregation, over 40. But the stench from both of them lingers like unventilated raw sewage.

I am hoping to live and work in Japan one day. I hope to find a land far more tolerant than the one in which I now reside.

A distant but regular reader

Can’t defuse this bombshell

“Once a ‘gaijin,’ always a ‘gaijin’ ” definitely raised some eyebrows. That said, I’m going to comment on one particular aspect — the N-word (I’m going to actually spell the word out, so don’t be too shocked when you see it). In full disclosure, I’m a black American.

OK, so the use of “nigger” and “gaijin” to Mr. Debito Arudou seem to be one and the same. I have to disagree. The reality is that “nigger” is a far more loaded word than “gaijin” will ever hope to be, and that is societal fact. Anyone can joke with “gaijin” — Americans, Europeans, Africans, even other Asians. The term can be defused quite easily. Of course we can also infuse the word with hatred and xenophobic overtones. That said, I think it is used largely in the defused sense.

Now, go to east Los Angeles or Southside Chicago and try using “nigger” jokingly — see what kind of response you get. Go to the Deep South, and say the word in whatever crowd — you might become “strange fruit” overnight.

People talk about defusing the word, but it never seems to stick. You simply can’t defuse that kind of bombshell. History has given “nigger” a weight to bear and it must be respected. Hip-hop and rap artists from the United States have talked about “owning” the word, and yet it still causes uproar throughout the community.

The word is heavier than any one person, or group of people, can bear. It takes a certain sensitivity, cultural understanding, and a host of other variables that I can’t even describe before being able to say, “Let’s approach the word.” If you can say that about “gaijin” then I stand corrected. But somehow I doubt it.

The article by Mr. Debito Arudou definitely raises some issues with regards to Japan and how Japanese people deal with foreigners, all of which need to be tackled by Japanese and gaijin alike, but to equate the use of “gaijin” to “nigger” is, as another respondent said, “hyperbolic,” and, I would say, 180 degrees off target.

Wayne Malcolm, Akita City

Both bad, but one’s worse

From the Merriam Webster’s Online Dictionary’s “gaijin” entry: “a foreigner in Japan.” From the N-word’s entry: “. . .now ranks as perhaps the most offensive and inflammatory racial slur in English.”

No one alive today who has been called the N-word has ever been beaten as a slave in a state-supported system. No one alive today who has been called the G-word has ever been beaten, nor stolen from their homelands in a state-sponsored system of oppression.

That being said, let’s take a look at the definition of “discriminate”: “recognize or perceive the difference.” Right there is the rub: It denotes a difference between “this kind of people” and “that kind of people.” As such, it has no place in the polite lexicon.

Another important point of the modern discussion of the N- vs. G-words is, in my opinion, the fact that their roots are almost exactly the same. The French word for “black” has been mispronounced by Americans for years, leading to the commonly vulgar “n—er,” or the modern,”embraced” term “n—a.” It is a mispronunciation of a word. Similarly, the shortening of “gaikokujin” could be looked at as a mispronunciation, albeit of a native word. In short, “you people aren’t worth my time” is the subtext; “I’ll just call you all this” is the action.

One word has its roots in slavery (and mispronounced French), the other has its roots in wanting to save time when discriminating against others. One’s worse, but they’re both pretty bad.

As a student of Japanese, I also understand that often words are “shortened,” such as “rajiokase” for “radio/cassette player.” However, each of our languages is rich enough to use positive terms to describe everyone, even if we must point out our differences in these descriptions.

I hope we can move forward to a more positive, kindhearted world by no longer relying on such catch-all terms for “us” and “them.”

Michael Giaimo, El Cerrito, Calif.

You don’t speak for us

With all due respect, Mr. Arudou, your assertion that there is any sort of comparison between the word used to address the slaves and children and grandchildren of your former compatriots and “gaijin” are strained and, at best, ill-informed.

Your stated desired outcome is to have your Japanese status acknowledged. And what would that look like? At a social event, would a recent acquaintance mistakenly call you Taro Arudou instead of Debito? The nation of Japan has issued you your passport, you have your health care card, and you are entitled to all the benefits the nation offers. Clearly the state has given you what you want. What is it you want from me and from the readers of this newspaper, then?

I appreciate that you play at fighting the good fight, but in this instance, sir, you have seriously offended me. Because, let’s face it, you don’t speak for the “n—ers” living in Japan. When you make such lazy comparisons, you’re not a champion of the rights of the Filipina sex workers that are brutalized here in Okinawa. You’re not the defender of the Chinese or third-generation Koreans that still aren’t Japanese. You’ve simply appropriated a term whose mere presence in this debate serves only to sell advertising space on the (Japan Times) Web site and does not further the prospects of the people you claim to be defending.

You want to champion the rights of newcomers to Japan, but what we need, Mr. Arudou, are not your ham-fisted and ugly similes; we need words that can nourish the imagination of the reader — words that speak to every human being’s basic need to be a part of a community predicated on mutual benefit. In your own, American tradition we can look to the poet Robert Frost for the kinds of words we need. In his poem “The Mending Wall,” we read that good fences make good neighbors. It is in these supposed boundaries — our cultural differences, which at once seem to cut us off from each other — that we find the very source of our mutual strength. That we are different and the inheritors of rich cultural traditions mean that we are better able to meet and surpass the needs of our communities, because within these vast repositories of cultural knowledge we find the stories of those who have been as bridges between cultures and communities.

Paul Boshears, Uruma City, Okinawa

Glad Arudou is out there

Since he is a controversial figure, I imagine Debito Arudou’s latest piece has produced more disagreement than agreement. I want to be onboard as saying that I think his point about differentiating different types of Japanese people with a “hyphenated term” (e.g., “Amerika-kei Nihonjin”) is a well-received one, at least by this reader.

Until a term exists which allows those who do not obviously appear to be Japanese to be referred to as Japanese citizens, a mentality that accepts that you can look “non-Japanese” but still be Japanese will not develop. The language has to be present first in order to give citizens a way in which to express a way of thinking which is currently alien to them. If they start to hear the hyphenated terms on television or read them in newspapers, a new pattern of thinking will develop.

While I don’t always agree with everything Debito Arudou says, I’m very glad that he’s out there saying it. He’s the first bona fide activist for foreigners in Japan and as such he sometimes is extreme because it’s the only way he can shake people’s thinking and wake them up to the problems in Japan. Activists who are attempting to get equal rights have always been criticized for bucking the status quo by people who are sufficiently satisfied that they would rather passively accept inequality and prejudicial treatment than “rock the boat.” They’re also often treated as objects of hate or scorn by the very people they’re laboring to help.

I applaud The Japan Times for giving him a platform from which to speak and hope that it will continue to give him a more public and widely read voice.

Shari Custer, Tokyo

Gaijin, and proud of it

Those of us who are “gaijins” don’t all agree with the opinion of Mr. Arudou. The word “gaijin” is not the same as the English word “n–ger” in meaning, and there is no common effect on diversity.

Gaijin is a Japanese word meaning “foreigner” or “outsider.” The word is composed of “gai” (“outside”) and “jin” (“person”), so the word can be translated literally as “outside (foreign) person.” The word can refer to nationality, race or ethnicity.

The word “gaijin” does not have the same effect as “n–ger,” and nor will it ever. Mr. Arudou may be a Japanese in the legal sense, but neither Mr. Arudou nor I will ever be true Japanese. To be a true Japanese you must be born and raised as a Japanese. Anyone else is just not genuinely Japanese, regardless of what your passport says.

I’m sorry, Mr. Arudou, but you do not think like a Japanese and, judging by your writings, you will never assimilate into the Japanese way of life. You are like so many other Americans, who want everyone to change and accept you instead of you changing and accepting them.

Let’s all agree that “gaijin” is just a word. Making it into a bad word is just wrong. I am a gaijin and damn proud to be one, and the Japanese accept me for what I am, not what I want to be called.

Denny Pollard, San Francisco

Equality of censorship

Thanks for both of these columns, which I fully identify with. I agree that “gaijin” is a painful word, and the fact that the word engages debate proves it.

I have one comment, though. If you write “n–ger,” why not use “g–jin”? Let’s find some “katakana” transcription. If someone could start the trend, this has to be you, Debito! This may bring awareness about the deeply unpleasant undertones.

Michel Vidal-Naquet, Tokyo

No one said Japan was easy

Poor Debito Arudou, arguing the cause of foreigners in Japan about the term “gaijin.” Every generation of long-term residents in Japan has faced the insular nature of “us versus them” living in Japan. I did during my 8 1/2 years in Japan (1985-92).

Some of us choose to feel slighted by the word and make mountains out of mole hills, trying in futility to change Japanese thinking by writing books and verbose essays in English, appealing to those of a similar mind set, while others choose to get on with their lives and recognize that you can’t be accepted by all those in Japanese society. It is far easier to make peace with yourself and the close circle of friends and family that you have than it is to tear apart the psychology of the Japanese group and individual identity.

People who live in Japan for a long period of time do gradually lose sight of the reality in their home countries as well, on how immigrants are often treated at home.

There are some good and negative points to all countries. Some people might be a bit more accepting of immigrants than others when they have taken the time to learn the language. There are a quite a few Westerners who have become legal Japanese citizens, even local politicians. The fact is, if you who have chosen to live in Japan but cannot come to grips with the fact that you are not going to be considered “Japanese” even if you naturalize, then maybe it is better for you to move on before this becomes a psychosis.

No one ever said that living in Japan would be easy. You would probably find the insularity in some other Asian countries like China and Korea even more disconcerting, carrying that chip on your shoulder all the time.

Kerry M. Berger, Bangkok

Chip on your shoulder

Racial and ethnic prejudice is present globally, not just in Japan. My parents were Americans of Japanese ancestry. Dad served in the segregated U.S. Army during World War II in Italy fighting Germans. He couldn’t get a job in America because “japs” weren’t hired. He served in 442nd RCT/100th Battalion, themost decorated unit in the history of the U.S. Army.

If you don’t like living in Japan, move. People like you walk around with a chip on your shoulder.

Norman Matsumura, Tucson, Ariz.

‘Sorry, gaijin’

People in the US use the term “foreigner” to describe people not from America in pretty much the same way Japanese use “gaijin” to describe people not from Japan. Some people use that term to hurt others. Some people are hurt by it. But if there are a handful of foreigners in the U.S. who feel offended by its usage, does that mean that it is suddenly a bad word?

About 99 percent of the citizens of Japan would say that Mr. A. does not look like a native of this country. If that is a priority for him, I would recommend moving to the U.S. or Canada. I have immense respect for the fact that Mr. A became a Japanese, but it is silly to think that just by becoming Japanese suddenly 125 million native Japanese citizens will start to think of a white person as a Japanese. How would the average Japanese know that Mr. A. (a) has citizenship here and (b) is of “American descent” and therefore should be addressed as “amerika-kei nihonjin” instead of “gaijin,” which applies to the vast majority of white people here?

Even the suggestion that gaijin are stripped of their ancestral identity in the way Africans were when they were forcibly taken from their homes and sent to America is an enormous affront to peoples who lost their ancestral identity in the process, least of all due to language. It is particularly absurd to think that happens to gaijin who freely emigrate to Japan. Quite the contrary. No one seems to forget the ancestry of Korean-Japanese (who often did not freely emigrate), and I am often asked, “Are you German? American?” Japanese are sensitive to these distinctions despite the label. In any event, how is “gaijin” any more culture-erasing than “gaikokujin”?

Regarding the broadcasters, using the more formal “gaikokujin” keeps things nice and diplomatic, and awkward. I would encourage anyone who considers Japanese broadcasters to be the moral standard for this fine country to watch a little late night TV (any night, any station). Is this the moral compass of the Japanese people? Sorry ace, try looking somewhere else.

No matter how much I adapt to Japanese ways, I’ll always be a gaijin here, and the better I understand this the more easily I will be able to live in my adopted country. When I hear a noisy foreigner complaining about how things here should be more like they are back home, all I really can say is, “Sorry, gaijin.”

JG, Zushi, Kanagawa Pref.

When natives are the outsiders

I for one don’t think “gaijin” is as bad a term as people make it out to be. For instance, what about Americans calling their native peoples “Indian?” We are not Indian, and yet we are referred to as such. Why?

Indians are outsiders (from another country) — who does that mean the natives are?

I know Columbus thought he landed in/near India, but that was in the 1400s. I think some people take the term “gaijin” too seriously.

Eledore Massis, Long Branch, N.J.

Like trying to grasp water

As a 31-year resident of Japan, it seems to me that the intonation of the speaker who utters this word matters a great deal, as does the situation in which its use takes place. It still irritates me to hear “gaijin,” but then language is a living thing, so attempts to control it are largely futile — it’s rather like trying to grasp water.

Jeff Jones, Tokyo

Singled out, lumped together

Just wanted to say thanks for a stellar read. I’ve spent the better part of the last six months trying to tie words with emotions on what it’s like to be singled out, then lumped together, all at the hand of one little word.

Would love to see more of this debate continuing in the future.

Zach P, Okayama

Author is discriminating

I like how the author complains of discrimination when his article does the exact same thing back to the Japanese. He makes broad generalizations about how Japanese perceive foreigners, with absolutely no evidence to back his obviously biased observations. In addition,his comparison to term “n–ger” is ludicrous considering all the perks and opportunities foreigners often enjoy in Japan. My heart breaks for poor, suffering foreigners such as Howard Stringer, the CEO of Sony. And by the way, if you don’t have to guts to print the full word, you shouldn’t put it in your article.

My experience living as a foreigner in Japan has always been pleasant, and I have found that Japanese people, while often not very knowledgeable of other cultures, are genuinely interested in hearing about other countries, and the U.S. in particular. So I wonder what the author’s complaint is? Is it the often unfair career advantages foreigners enjoy here or the extra attention and curiosity you receive as someone who looks different? In either case, I can imagine things far worse to complain about.

And I wonder what the author’s position is on the large number of ethnic Koreans who were born in Japan and are virtually indistinguishable from ethnic Japanese? Or how he feels about labeling foreigners as “aliens” in the U.S., and its strict immigration policies.

If anything, an article highlighting the very real problem of prostitution and exploitation of foreign women would have been far more informative and worthy of attention. But I hardly think Debito has much to personally complain about in that regard. Overall, this was a very poorly thought-out article with the same biases and prejudices it complains about. I give it a -1 on a 1-to-10 scale.

Tae Kim, Seattle

Be known as the best gaijin

I always like to read what Debito Arudou has to say. The word “gaijin” may seem strange or misused.

Despite the fact I was born here, I’ve heard it all my life. If you are called by a name all your life it becomes your identity. It would feel strange to change what I’m called mid-stream.

Even a funny name on a good person changes the feeling of the name to a good name for that person. I don’t worry about it at all. Just be known as the best “gaijin” with a Japanese passport around. Enjoy life, know who you are, people who really know you will know you for who you really are. No worries.

Loyd, Kobe

‘Gaijin-san’ proves point

I always try to avoid using the word “gaijin,” but it’s not because I think the word may sound more offensive than “gaikokujin” or other terms that are used to refer to non-Japanese people. I just do so because it would be preferable to call them Americans, Russians, Brazilians, etc, if possible.

Whatever historical study suggests, “gaijin” has no more a negative implication than “gaikokujin.” In fact, some Japanese use the term “gaijin-san” to make it sound polite. This single fact shows that “gaijin” has no discriminatory connotation.

Satoru Yoshikura, Tokyo

Send comments and story ideas to community@japantimes.co.jp
 

NJ baby left at anonymous “baby hatch”. Kokuseki wa? Eligible for Japanese! Er, yes, but…

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan 

Hi Blog. Sorry I’m not updating daily recently. I’m changing my bedroom every night (two nights ago it was Nagoya, last night Saitama, right now again at the delightful Kamesei Ryokan in Nagano), and don’t often know if I’ll have email access or time to write (part of meeting people is engaging in conversation for many hours–always a joy with the people I meet–but the only time I have alone is to sleep these days). Speech tomorrow I’ve got to work on tonight. so let’s see if I can do better.

Meanwhile, a friend who wishes to remain anonymous posted me the following article. Mutantfrog travelogue took it up, so let me post both.

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

Kyodo News Monday September 8, 8:09 PM

Foreign baby left at ‘baby hatch

http://asia.news.yahoo.com/080908/kyodo/d932hdhg0.html

(Kyodo) _ A baby with foreign nationality was left at Japan’s first “baby hatch” at a Kumamoto hospital, according to a report on Monday by a panel examining the practice.The interim report, submitted to the Kumamoto prefectural government, also noted a handicapped baby was left at Jikei Hospital in the city of Kumamoto.

Details of the two cases were not immediately available.

It has already been reported that a total of 17 infants were left anonymously at the baby hatch between its opening on May 10, 2007, and March 31 this year.

Reiho Kashiwame, a professor of child welfare at Shukutoku University who heads the panel, said, “We have decided to make our report public in order to stir debate (on the baby hatch).”

The panel will compile its final report next year.

ENDS

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

The friend replies:

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

This kid should be eligible for the almost never used Article 2.3 acquisition of J-citizenship:
 
      

第2条 子は、次の場合には、日本国民とする。
1.出生の時に父又は母が日本国民であるとき
2.出生前に死亡した父が死亡の時に日本国民であつたとき
3.日本で生まれた場合において、父母がともに知れないとき、又は国籍を有しないとき

=========================
COMMENT:  So, er, this means that if the baby was provably born in Japan, not of provable parents, and stateless, the baby gets Japanese nationality?

Great, but if news about this loophole gets out, I can see a lot of a strong incentive for NJ having an incentive to drop their babies off in the baby hatch now just to get their baby into Japan as a citizen.  This is how warped Japanese citizenship laws are.  Another issue earlier this year, involving a Supreme Court case and one Japanese spouse insufficiently acknowledging (as far as the law is concerned), even questions their constitutionality.

But I don’t see how item three above, which says (my translation), “in the case the child was born in Japan, but if one doesn’t know the parents, or if [the baby or the parents, unclear which] doesn’t have Japanese nationality, …then the baby becomes a Japanese national”, could ever be enforced.  Or even why this provision exists.

Turning the keyboard over to Joe Jones at Mutantfrog:

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

Don’t blame the hospital; blame the newswire

September 8th, 2008 by Joe Jones

Courtesy http://www.mutantfrog.com/2008/09/08/dont-blame-the-hospital-blame-the-newswire/

Joe

In the news today:

A baby with foreign nationality was left at Japan’s first “baby hatch” at a Kumamoto hospital, according to a report on Monday by a panel examining the practice.

baby hatch, for those of you who don’t know, is a place where people can essentially drop off children who are unwanted or who cannot be cared for, no questions asked.

I was a bit curious when I read this story, asking one question: How do you know the baby is of foreign nationality when someone anonymously left it somewhere? It wouldn’t be right to judge that based solely on physical appearance. In fact, under Japanese law, if a child is born in Japan and the identity of both parents is unknown (or if both parents are stateless), the child is considered a Japanese national—the only way to acquire nationality by jus soli here.

Then Asahi Shimbun added some clarity to the story. According to their report, there are ten cases of baby drop-offs in which the source of the baby was clear. In two of those cases, the mother came by herself and dropped the baby off. There were also cases “where both parents were zainichi gaikokujin,” i.e. special permanent residents of Korean/Chinese descent who are largely indistinguishable from Japanese nationals, “and where grandparents and males deposited [the child].”

So Kyodo was being a bit too vague for information’s sake: the kid was not visibly foreign, but rather they deduced the kid’s foreignness from the nationality of the parents. Now let’s see what happens when a really foreign kid gets dropped in one of these hatches…
========================

Comments?  Arudou Debito in Kamesei Ryokan, Nagano

Mainichi: Female NJ Trainee Visa workers underpaid by Yamanashi company, beaten, attempted deportation

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
Hi Blog. Pretty nasty situation here. But it’s not the first time I’ve heard of something like this going on.  Examples here and here.  Kudos to Zentoitsu again for offering a shelter and a means to get this reported. Debito in Hamamatsu

Foreign trainees injured in row with dry-cleaning firm over measly pay

(Mainichi Japan) August 27, 2008, courtesy lots of people.

KOFU — Six Chinese female trainees at a dry-cleaning company in Yamanashi Prefecture got into a row with the company when they complained that they were being paid under the minimum wage, and three of them suffered injuries including a broken bone, it has been learned.

Trouble reportedly erupted when the company, located in Showa, Yamanashi Prefecture, tried to force the six to return to China after they complained about their wages. The three injured workers are considering filing a criminal complaint over their injuries.

The workers also plan to register a complaint against the company with a labor standards inspection office, accusing it of violating the Labor Standard Law by failing to pay them the difference between their wages and the minimum wage.

The trainees said that they came to Japan in December 2005 under a program for foreign trainees and apprentices. After a period of training they started working as trainees. Their working hours were between 8:30 a.m. and 5:30 p.m. and their monthly wage was reportedly 50,000 yen a month. On weekdays, they often worked overtime until midnight, and frequently worked weekends. However, their overtime pay was only 350 yen per hour. This spring, the overtime wage was raised to 450 yen per hour.

A company representative speaking to the Mainichi admitted the amount of overtime pay, but said, “We paid a monthly wage of 118,000 yen.” The amount of overtime pay was much lower than the prefecture’s minimum overtime pay, which works out at about 831 yen per hour.

The six workers submitted a written request for their wages to be revised on Aug. 20. The company’s president, Masafumi Uchida, promised that he would reply two days later. However, at about 7:30 a.m. on Aug. 22, the president joined about 10 people including company employees and tried to force the six workers, who were sleeping in a company dormitory, to get into a minibus he had prepared to take them to Narita Airport.

The trainees resisted, and plans to take them to the airport were abandoned, but one of the trainees was left with a broken leg after jumping out of a window on the second floor of the dormitory. Two others suffered bruises and scratches during the row.

The three injured workers were later taken into the custody of the Zentoitsu Workers Union, which supports foreign trainees and apprentices. The remaining three were taken to Narita Airport by company officials and returned home.

Uchida visited the union on Monday and offered an apology.

“If they were Japanese I wouldn’t have done it (tried to force them to leave). I was asked for a high amount of unpaid cash and thought I couldn’t negotiate. I’m sorry for their injuries.”

A Justice Ministry official said there was a possibility the company could be punished.

“The failure to pay wages, the human rights violations and other actions constitute illicit behavior, and there is a possibility that this warrants banning the firm from accepting trainees for three years,” the official said.

(Mainichi Japan) August 27, 2008

ENDS

中国人実習生:給与改善求めトラブル…帰国無理強い

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

中国人実習生:給与改善求めトラブル…帰国無理強い

毎日新聞 2008年8月27日

http://mainichi.jp/select/jiken/news/20080827k0000m040151000c.html

 山梨県昭和町のクリーニング会社「テクノクリーン」(内田正文社長)で働いていた30代の中国人女性実習生6人が、最低賃金を下回る給与の改善を求めたところ、同社が6人を無理やり帰国させようとしてトラブルとなり、実習生3人が骨折などのけがをしていたことが分かった。3人は傷害容疑での刑事告訴を検討。最低賃金との差額の未払いは、労働基準法に違反するとして、労働基準監督署へ申し立てる方針。【外国人就労問題取材班】

 実習生によると、6人は05年12月、外国人研修・技能実習制度で来日。研修後、06年12月から実習生として勤務した。午前8時半~午後5時半まで働いて月給5万円。平日は午前0時まで残業し、土、日に働くことも多かったが、残業代は時給350円(今春からは450円)だった。一方、会社側は毎日新聞の取材に対し、残業代の額を認めたうえで「月給は11万8000円払っていた」と回答。少なくとも残業代は同県の残業代の最低賃金(時給換算で831円)を大幅に下回っていた。

 6人は今月20日、正規の報酬を支払うよう書面で要請。内田社長は2日後に回答すると約束した。ところが22日午前7時半ごろ、社長は社員ら約10人を伴い、社員寮で寝ていた6人を用意したマイクロバスに無理やり乗せ、成田空港に連れて行こうとした。実習生が抵抗し、空港行きは中止されたが、その際、実習生1人が寮の2階から飛び降り左足骨折。他の2人ももみ合いで腕に打ち身や擦り傷を負った。

 3人はその後、外国人研修・技能実習生を支援する「全統一労働組合」(東京都台東区)に保護された。残る3人は24日、同社関係者に連れられ成田空港から帰国した。

 内田社長は25日、同労組を訪れ「相手が日本人なら(無理に連れて行くことは)しなかった。高額の未払い金を要求されて、交渉できないと思った。けがをさせて申し訳ない」と謝罪した。

 保護されている胡菊花さん(35)は「自尊心が傷ついた。日本人と同じように人間として扱ってほしかった」と話している。

 法務省入国在留課は「賃金未払いや人権侵害などは不正行為に該当し、3年間の受け入れ停止処分に当たる可能性がある」としている。

ENDS

Japan Times JUST BE CAUSE Column 7: Sequel to “Gaijin” as a racist word

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
justbecauseicon.jpg
THE CASE FOR “GAIJIN” AS A RACIST WORD: THE SEQUEL

LET’S COME CLEAN ON “GAIJIN”
JUST BE CAUSE Column Seven for the Japan Times
By Arudou Debito
Published September 2, 2008 as “The ‘gaijin’ debate: Arudou responds”
Courtesy http://search.japantimes.co.jp/cgi-bin/fl20080902ad.html
DRAFT THIRTEEN, version as submitted to Japan Times editor

Last month’s column (JBC August 5) was on the word “gaijin”. I made the case that it is a racist word, one that reinforces an “us-and-them” rubric towards foreigners and their children in Japan.

It generated a lot of debate. Good. Thanks for your time.

Now let’s devote 700 more words to some issues raised.

Regarding the arguments about intent, i.e. “People use the word gaijin, but don’t mean it in a derogatory way”. The root issue here is, “Who decides whether a word is bad?” Is it the speaker using the word, or the person being addressed by it?

If usage and intent become the speaker’s prerogative, then speakers get too much plausible deniability. For example: Punch somebody in the arm. If he cries, “That hurts!” then say, “But I don’t mean to hurt you.”

So if you don’t give priority to the listener’s feelings, you give the speakers with genuine malice (however few) an excuse and a cloaking device. If the person you target doesn’t like being called something, just say you didn’t mean it in a bad way, and hey presto! You’re off the hook.

This logic has long been disavowed. In Japan, the debate on “ijime”, bullying in Japanese schools, favors the person being targeted. The person feels hurt, that’s enough. So stoppit.

Ditto for the word gaijin. People like me who have lived here for many years, even assimilated to the point of taking citizenship, don’t want to be called “gaijin” anymore. We can be forgiven for taking umbrage, for not wanting to be pushed back into the pigeonhole. Don’t tell us who we are–we’ll decide for ourselves who we are, especially in our own country, thanks. So stoppit.

Now for the more controversial claim: my linking “gaijin” with “n*gg*r”. Although I was not equating their histories, I was drawing attention to their common effect–stripping societies of diversity.

“N*gg*r”, for example, has deprived an entire continent of its diaspora. I love faces; I have gazed at many notable African-Americans and wondered about their origins. Is Michael Clarke Duncan a Nuban? Do Gary Coleman’s ancestors hail from the Ituri? How about the laser gaze of Samuel L. Jackson, the timeworn features of Morgan Freeman, the quizzical countenance of Whoopi Goldberg? Where did their ancestors come from? Chances are even they aren’t sure. That’s why Alex Haley had to go all the way to The Gambia to track down his Kunta Kinte roots.

The “non-n*gg*rs” are more fortunate. They got to keep closer ties to their past–even got hyphens: Italian-Americans, Cuban-Americans, Chinese-Americans, Japanese-Americans, etc. But Black people in the US just became “African-Americans”–a continent, not an ethnicity. Thanks to generations of being called “n*gg*r”.

“Gaijin” has the same effect, only more pronounced. Not only do we foreign-looking residents have no hope of hyphenation, we are relegated to a much bigger “continent” (i.e. anyone who doesn’t look Japanese–the vast majority of the world). Again, this kind of rhetoric, however unconscious or unintended, forever divides our public into “insider and outsider” with no twain.

I for one want the hyphen. I’m a Japanese. An American-Japanese, an Amerika-kei Nihonjin. After years of outsiderdom, I want my Japanese status acknowledged. But I don’t want my roots denied either. Being called essentially “foreign-Japanese” would lack something, so why not acknowledge, even celebrate, our diversity?

Words like gaijin don’t allow for that. They are relics of a simplistic time, when people argued with a straight face that Japan was monocultural and monoethnic. Untrue–there’s enough scholarly research debunking that; even our government this year formally recognized Hokkaido’s aboriginal Ainu as an indigenous people.

Moreover, as more non-Japanese reside here, marry, procreate, and bring the best of their societies into the amalgam, change is inevitable. Why force us to deny an essential part of our identity by outsidering us on a daily basis? Intentional or not, that’s what the word gaijin does.

The ace in the hole in this debate: I’m not the only one here advocating “gaijin”‘s obsolescence. Japan’s media has reached the same conclusion and officially declared it a word unfit for broadcast. Don’t agree with me? Talk to the TV.

So if you really must draw attention to somebody’s roots, and you can’t hyphenate or tell their nationality or ethnicity, it’s better to use “gaikokujin”. It’s a different rubric. At least there are ways to stop being one.

Arudou Debito is co-author of Handbook for Newcomers, Migrants, and Immigrants to Japan.
730 words
ENDS

REFERENTIAL LINK:

Debito.org Poll (August 20-31): Do you think the word “gaijin” should be avoided (in favor of other words, like, say, gaikokujin)?

Archive: 2006 Course on how to “slavedrive” your “gaijin” workers

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

Oh yes, I remember this… How an email and online campaign got some school (Rock Bay Inc, an apparent transliteration of the boss’s name) advertising English for Shachous (“slavedrive your gaijin, don’t let them diss you–diss them back!” etc.), including a lesson on how to deny a raise to “John” despite his doubling your sales and nearly tripling your profits!  Yow. Talk about widening the divide between J and NJ!  Archiving the series now. Arudou Debito in Sapporo
============================

APRIL 8, 2006

Here’s a lovely little site, courtesy of a friend, of some company named Rock Bay in Tokyo.
http://www.ceoenglish.com/

It advertises English language courses with an interesting edge:

Salespoint: Learning English to exploit your gaijin underlings.

As it says on the site:

////////////////////////////////////////////////
GAIJIN O KOKITSUKAU EIGO!
SHACHOU EIGO

“Amerikajin ni akogareru na! Kokitsukae!
“Gaijin ni nameareru na! Name kaese!”

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

Or not-very-loosely translated:
////////////////////////////////////////////////
ENGLISH TO SLAVEDRIVE YOUR GAIJIN!
CEO ENGLISH

“Don’t feel beneath Americans! Use them up!
“Don’t get dissed by the gaijin! Diss them back!”

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

That’s just the titles. It just goes on from there….

Have a look for yourself:

http://www.ceoenglish.com/

It’s next seminar is Saturday, March 22, in Shibuya, BTW. Anyone want to attend?

Well, this is one way to approach kokusaika, I guess. Bests, Debito in Sapporo

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

 皆様こんにちは。有道 出人です。今朝友人からいただいたウェブサイトですが、いまでもびっくり仰天しています!

サイトのタイトル:
「外人をこき使う英語!」
「社長英語」

セールズポイント:
「アメリカ人にあこがれるな!こき使え!」
「外人になめられるな!なめ返せ!」
http://www.ceoenglish.com/

サイトよりライトアップ:
ーーーーーーーーーーーーーーーーーーーー

社長英語とは外人部下をこき使うための英語です。外人部下をこき使うとは、こういうことを言うのです。

あなたは英語を学んでも、こんな思いをしていませんか?
1.外国人社員にいいようにあしらわれているあなた。
2.外国人の部下を扱いにくいと思っているあなた。
3.外国人になめられていて、むかついているあなた。
4.英会話スクールの講師のレベルの低さにあきれたあなた。
5.契約の場で、不当な契約(低いマージン、悪い支払い条件、低い給料)を飲むしかなく、
  悔しい思いをしたあなた。
6.外国人社員を解雇したら、訴えられたあなた。
7.女性外国人社員に、セクハラで訴えられそうになったあなた。
8.外資系企業での面接で、うまくできず、悔しかったあなた。
9.日本人はなめられていると、怒っているあなた。
10.外国からの駐在員と、日本人社員の待遇があまりにも違いすぎると、不公平に感じているあなた。
   日本人の方が圧倒的に会社に貢献しているのに!
11.来月、外国で英語でのプレゼンがある! どうしよう! のあなた。
12.英語でのプレゼンはいいんだけど、外人から質問されたらどうする!!
   なあなた。
13.いきなり海外出張、駐在言い渡された! どうする!?なあなた。
14.日本企業での実績は積んだ。さて、外資系企業に就職して、給料をドン!っと
   増やしたいあなた。
15.会社で英語ができるだけで偉そうにしているあなたのライバルをぎゃふんと
   言わせたいあなた。
16.ライバルよりいち早く、海外の一級品の情報を手に入れ、勝ちたい!あなた。
17.いままで何をやっても英語をマスターできなかったあなた。
18.海外パートナーと提携したいあなた。

19.外資企業パートナーのずっこけぶりに、ほとほとあきれ返っているあなた。
ーーーーーーーーーーーーーーーーーーーー

http://www.ceoenglish.com/

有道よりクイック コメント:
 セミナーのコーディネーターの岩崎義久氏は「ガイジン」に対してどんな経験があったのかは分からないが、「外人部下」の搾取の仕方を確かに教えようとしています。いじめに遭ったと言えてもかかわらず、いじめでいじめを返すことこそ良くないのは小学生さえ分かることですよね。人間性はどうでしょうかね。嫌悪感で作られているセミナーなのではないかと感じざるを得ません。

 宜しくお願い致します。有道 出人
===============================

WHAT HAPPENED NEXT?  Rest of the issue at 

http://www.debito.org/CEOEnglishsite.html

Japan Times JUST BE CAUSE Column 6: The case for “Gaijin” as a racist word

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
justbecauseicon.jpg
THE CASE FOR “GAIJIN” AS A RACIST WORD
Column Six for the Japan Times JUST BE CAUSE Column

By Arudou Debito
Tuesday, August 5, 2008
DRAFT TEN–version submitted to the Editor, with links to sources.

Courtesy http://search.japantimes.co.jp/cgi-bin/fl20080805ad.html

Gaijin“. It seems we hear the word every day. For some, it’s merely harmless shorthand for “gaikokujin” (foreigner). Even Wikipedia (that online wall for intellectual graffiti artists) had a section on “political correctness“, claiming illiterate and oversensitive Westerners had misunderstood their Japanese word.

I take a different view. Gaijin is not merely a word. It is an epithet. About the billions of people who are not Japanese. It makes attributions to them that go beyond nationality.

Let’s deal with basic counterarguments: Calling gaijin a mere contraction of gaikokujin is not historically accurate. According to ancient texts and prewar dictionaries [see Endnote], “gaijin” (or “guwaijin” in the contemporary rendering) once referred to Japanese people too. Anyone not from your village, in-group etc. was one. It was a way of showing you don’t belong here–even (according to my 1978 Kojien, Japan’s premier dictionary) “regarded as an enemy” (tekishi). Back then there were other (even more unsavory) words for foreigners anyway, so gaijin has a separate etymology from words specifically meaning “extranational”.

Even if you argue modern usage conflates, gaijin is still a loaded word, easily abused. Consider two nasty side effects:

1) “Gaijin” strips the world of diversity. Japan’s proportion of the world’s population is a little under 2%. In the gaijin binary worldview, you either are a Japanese or you’re not–an “ichi-ro” or a “ze-ro”. Thus you indicate the remaining 98% of the world are outsiders.

2) And always will be: A gaijin is a gaijin anytime, any place. The word is even used overseas by traveling/resident Japanese to describe non-Japanese, or rather, “foreigners in their own country”. Often without any apparent sense of irony or contradiction. Japanese outside of Japan logically must be foreigners somewhere! Not when everyone else is a gaijin.

Left unchallenged, this rubric encourages dreadful social science–ultimately creating a constellation of “us and them” differences (as opposed to possible similarities) for the ichiro culture vultures to guide their sextants by.

For those hung up on gaijin’s apparently harmless kanji (“outside person”), even that is indicative. The “koku” in gaikokujin refers specifically to country–a legal status you can change. The epithet doesn’t, effectively making classification a matter of birth status, physical appearance, race. Meaning once you get relegated to the “gaijin” group, you never get out.

Allow me to illustrate that with a joke from the American South:

Question: “What do you call a black man with a PhD in neurobiology from Harvard, who works as a brain surgeon at Johns Hopkins, earns seven figures a year, and runs one of the world’s largest philanthropies?”

Answer: “N*gg*r” (rhymes with “bigger”).

Hardy har. Now let’s rephrase:

Question: “What do you can a white man with degrees from top-tier schools, who has lived in Japan for more than two decades, contributes to Japanese society as an university educator, is fluent in Japanese, and has Japanese citizenship?”

Answer: “Gaijin”.

As a naturalized citizen I resemble that remark. But nobody who knows my nationality calls me a gaikokujin anymore–it’s factually incorrect. But there are plenty of people (especially foreigners) who don’t hesitate to call me a gaijin–often pejoratively.

Thus gaijin is a caste. No matter how hard you try to acculturalize yourself, become literate and lingual, even make yourself legally inseparable from the putative “naikokujin” (whoever they are), you’re still “not one of us”.

Moreover, factor in Japan’s increasing number of children of international marriages. Based upon whether or not they look like their foreign parent (again, “gaijin-ppoi“), there are cases where they get treated differently, even adversely, by society. Thus the rubric of gaijin even encourages discrimination against its own citizens.

This must be acknowledged. Even though trying to get people to stop using gaijin overnight would be like swatting flies, people should know of its potential abuses. At least people should stop arguing that it’s the same as gaikokujin.

For gaijin is essentially “n*gg*r”, and should be likewise obsolesced.

Fortunately, our media is helping out, long since adding gaijin to the list of “housou kinshi yougo” (words unfit for broadcast).

So can we. Apply Japan’s slogan against undesirable social actions: “Shinai, sasenai” (I won’t use it, I won’t let it be used.)
690 words

ーーーーーーーーーーーーーーーーーーー
Arudou Debito is co-author of Handbook for Newcomers, Migrants, and Immigrants to Japan. A fuller version of this article at www.debito.org/kumegaijinissue.html
ENDS

===================================
ENDNOTE:
Sources for ancient texts and dictionaries concerning the word Gaijin:

1)言海(大正14年出版)pg 299: 「外人:外(ホカ)ノ人、外国人」(Courtesy 北海道立図書館)
2)A. Matsumura (ed.), Daijisen (大辞泉), (p. 437, 1st ed., vol. 1). (1998). Tokyo: Shogakukan. “がいじん。【外人】② 仲間以外の人。他人。「外人もなき所に兵具をととのへ」〈平家・一〉”
3)”外人”. Kōjien (5). (1998). Iwanami. ISBN 4000801112. “がいじん【外人】① 仲間以外の人。疎遠の人。連理秘抄「外人など上手多からむ座にては」② 敵視すべきな人。平家一「外人もなき所に兵具をととのへ」”
4)A. Matsumura (ed.), Daijirin (大辞林), (p. 397, 9th ed., vol. 1). (1989). Tokyo: Sanseido. “がいじん【外人】② そのことに関係のない人。第三者。「外人もなき所に兵具をととのへ/平家一」”
5)「外人もなき所に兵具をとゝのへ」 (Assembling arms where there are no gaijin) 高木, 市之助; 小沢正夫, 渥美かをる, 金田一春彦 (1959). 日本古典文学大系: 平家物語 (in Japanese). 岩波書店, 123. ISBN 4-00-060032-X.
6)「源平両家の童形たちのおのおのござ候ふに、かやうの外人は然るべからず候」(Since the children of both Genji and Heike are here, such a gaijin is not appropriate to stay together.) 鞍馬天狗
(All courtesy of source footnotes in Wikipedia entry on “Gaijin”, retrieved August 1, 2008.)
END

GOJ announces J population rises. But excludes NJ residents from survey.

mytest

 Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
 Hi Blog.  Here’s something quite odd.  We have the GOJ saying that the population of Japan is rising (ii n ja nai?).  Then they make it clear that the figures doesn’t include foreign residents.  Now why would any government worth its salt decide to exclude taxpayers thusly?  Aren’t registered foreign residents people too, part of a “population”?  Arudou Debito

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

Population rises 1st time in 3 years

The nation’s population grew for the first time in three years to 127,066,178 in the year to March 31, up 12,707 from a year earlier, the Internal Affairs and Communications Ministry said Thursday.

The figure was based on resident registrations at municipal government offices and does not include foreign residents.

Over the period, there was a fall in the natural population–the number of births minus the number of deaths in the year through the end of March–of 29,119. However, the figures showed an increase of 41,826 due to social factors such as the rise in the number of repatriates and newly naturalized citizens.

The survey also showed that the population in Tokyo increased by 100,460, breaking the 100,000 mark for the first time since the government began taking such surveys in 1968 and reflecting the trend toward a concentration of the population in large cities.

The number of births increased for two consecutive years to 1,096,465, but was offset by the number of the deaths, which went up by 44,410 to 1,125,584. The natural decline was the second for the nation, following the 2006 survey.

Meanwhile, the so-called social population, which saw a decline of 12,297 in the year through March 31, 2007, rose by 41,826 for this year. The ministry believes that the social population increase can be attributed to an increased number of people returning home after their companies closed their offices overseas. Officials noted therefore that the overall trend of a declining population had not changed.

(Aug. 1, 2008)

Some woes with the Koseki (Family Registry) system for NJ and others in Japan

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

Hi Blog.  We’ve had a couple of good comments recently from a couple of mailing lists I belong to, concerning the Family Registry System (koseki) in Japan (not to mention the Juuminhyou Registry Certificate, equally problematic; more on that here).  It affects a lot of people adversely, not just NJ, so let’s devote a blog entry to the issue.  We’re considering making the Koseki System a lobbying issue at forming NGO FRANCA, especially since South Korea, with its similar hojeok registry system, abolished it this year.  

Here are some of the problems as far as NJ are concerned:

COMMENT FROM OSAKA J AT THE COMMUNITY:

//////////////////////////////////////////////////
This may be common knowledge, but it wasn’t for me (admittedly due to my own failure to properly research the issues), the lesson being that you should never take anything for granted — not even something as simple as your child’s last name.

My wife and I have separate last names; she kept her maiden name when we married. Yesterday, we took the Notification of Birth form for our recently-born daughter to the city hall to file it. Naturally assuming that our daughter would take on my last name, we filled it out with my last name and her chosen name. Fifteen minutes later, we were waved over to be told that because my wife’s maiden name is still on her koseki — and as we all know, my name is just a footnote on her koseki — we cannot use my last name, and our daughter would have my wife’s last name. The only way around this is to have my wife file for a change of name at court, whereupon her name will officially be changed to mine, and thus our daughter will be able to take on my last name.

While it’s a quick fix for the time being, the horrendous legal and familial limitations put on foreigners by the koseki system finally really hit home. I’ve never felt my existence was negated quite so much as the instant where we were informed of this rule. I guess I’m just offering this anecdote as a warning to people considering marrying/having children because this is what you will face if you opt to go with different last names, and as an example of why the koseki system needs a serious overhaul, particularly with respect to foreigners. 
//////////////////////////////////////////////////

To see an example of this (i.e. a real koseki after an international marriage in Japan, where the NJ is not listed as a “spouse”), go to:
http://www.debito.org/juuminhyou.html

COMMENT FROM KGD AT FRANCA:

//////////////////////////////////////////////////
Isn’t it astounding that the koseki system, developed from temple registries by the Tokugawa Shogunate in the early 1600s to locate and persecute Christians, should continue to exist in 21st century Japan? Many countries have central registries of marriages, births and deaths. Japan alone developed the intrinsically discriminatory koseki system, which it forced on Taiwan and Korea to maintain colonial control.

But, just like secret Christians, NJ keep coming up with ways to bend the system. If a man named Lennon marries a Japanese woman named Ono and has a child named Sean, the child can be registered in the koseki as Ono Lennon Sean. Japan will issue a passport in the name of Shoonu Rennon Ono, but there is a provision for listing a second spelling (“betsumei heiki” is the magic phrase) along the lines of Sean Lennon Ono. The Ministry of Foreign affairs has regulations on listing of a second spelling, but whether the regulations are enforced to the letter, whether you can assign your chosen name, or whether you can’t get a second spelling at all depends on the clerk assigned to you. At least in a big city, if the clerk is uncooperative, take back your paperwork, come back the next day and try again.

Most foreign nations will register the above child according to the desires of their citizen, for example as Sean Lennon, and issue a passport in that name.

A foreign parent could of course forget about Japanese nationality for their child and try to register the child under a foreign name in the foreign parent’s immigration registry, but think long and hard about that one. This might lead to a denial of family social benefits for which NJ also pay taxes, and possibly make life harder for the child. Under current law, the child can wait until his/her 22d birthday to choose between Japanese nationality and the foreign parent’s nationality, and can keep both in the meantime. But a baby needs a koseki in order to get a Japanese passport.

If you are looking for allies against the koseki system, try posting on a board for Japanese professional women. They are often angry that, because the koseki can only have one family name, they have to drop the maiden name under which they have their M.D., M.B.A., Olympic medal, etc. in order to be recognized as married. They don’t mind using their husband’s name in private society, but in professional society they may want to continue using their maiden name. No can do in Japan. The alternative, for the husband to take the wife’s name, happens when the wife’s family is rich but has no son, but is not appealing to many financially independent men.

It pays to take the long view on discrimination in Japan: another of the Tokugawa Shogunate’s 17th century creations, the government monopoly on tobacco and salt, didn’t die until 1985.
//////////////////////////////////////////////////

More on the woes for NJ (and others) with the Koseki system here:
http://www.crnjapan.com/references/en/koseki.html
http://en.wikipedia.org/wiki/Koseki

And also how the Koseki System puts NJ at a serious disadvantage when it comes to divorce:

//////////////////////////////////////////////////
MULTINATIONAL MARRIAGES COME OFF WORST

What makes this situation especially difficult for international, and especially intercontinental, divorces is that foreign partners have extreme difficulty being granted custody of children in Japan. In a March 31, 2006 interview with the Canadian Broadcasting Corporation, lawyer Jeremy D. Morely, of the International Family Law Office in New York, stated:

—————————————-
“Children are not returned from Japan, period, and it is a situation that happens a lot with children of international marriages with kids who are over in Japan. They do not get returned. Usually, the parent who has kept a child is Japanese, and under the Japanese legal system they have a family registration system whereby every Japanese family has their own registration with a local ward office. And the name of registration system is the koseki system. So every Japanese person has their koseki, and a child is listed on the appropriate koseki. Once a child is listed on the family register, the child belongs to that family. Foreigners don’t have a family register and so there is no way for them to actually have a child registered as belonging to them in Japan. There is an international treaty called the Hague Convention on the civil aspects of international child abduction, and Japan is the only G7 country that is not a party to the Hague Convention.”

—————————————-
//////////////////////////////////////////////////

http://www.debito.org/?p=9
Also see HANDBOOK FOR NEWCOMERS, MIGRANTS AND IMMIGRANTS TO JAPAN pp. 256-270

Arudou Debito in Sapporo

Discussion: Softbank’s policy towards NJ customers re new iPhone

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

Hi Blog.  This issue has been brought up on other blogs (most notably Japan Probe), so I thought I need not duplicate it on Debito.org (I try to limit myself to one blog entry per day).  But recently I received through the FRANCA Japan list a series of thoughtful discussions on the iPhone that are good enough to reprint here.  Anonymized.  And note that Softbank already seems to have reacted to the situation.  Arudou Debito

================================
From: Writer A
Subject: [FRANCA] Yodabashi Akiba Restricts iPhone 3G Sales To Foreigners
Date: July 17, 2008 8:14:32 PM JST
To: francajapan@yahoogroups.com

Where else but Japan would one find a huge electronics retailer, located in a tourist center, that refuses to sell to certain foreigners a phone marketed simultaneously around the world, designed by an American company and distributed by a firm headed by a [naturalized] Zainichi Korean?

Yodabashi Akiba (YA), the largest store of the Yodobashi Camera electronics retailer chain, is located in Akihabara, the tourist center that is Ground Zero for anime nerds (otaku). On any given day, one is likely to find Western and Chinese customers shopping at YA, in addition to Japanese customers. Like any cell phone retailer that wants to remain in business. YA has a huge display for Apple’s 3G iPhone, which went on sale in Japan on July 11 and promptly sold out at YA.

But if a foreigner wished to buy an Apple 3G iPhone at YA, that foreigner would find that YAs policy is to refuse to sell a phone to a person with an authorized stay of less than 90 days, and refuses to allow a sale on the installment plan to foreigners with less than 16 months of authorized stay.

Check the Files section of this Group for a scan of the offending policy document (original Japanese).

Softbank itself does not mention any such restrictions in its iPhone 3G contract terms

http://broadband.mb.softbank.jp/mb/legal/articles/pdf/3g_002.pdf

and Softbank was the first cell phone provider to take the attitude that if a foreigner is using a credit card, Softbank does not care about the length of stay (because the credit card issuer guarantees payment to Softbank). So, this appears to be a YA policy.

Now, some apologists will offer the following defenses:

1. YA is worried about not being paid by short-stay foreigners: wrong, YA is paid by the credit card company. Softbank already accepts credit cards, and can cut off service if a customer fails to pay. Why is a foreigner with 15 months 29 days of stay a poor credit risk while one with 16 months is not a credit risk?

2. YA is going out of its way help misguided foreigners who might buy a cell phone in Japan only to find it does not work outside of Japan: wrong, the iPhone 3G is designed to work with most 3G systems around the world, and in fact can work as a wireless terminal without any 3G system at all. The phone is multilingual (Japanese-English-Chinese- whatever) out of the box.

3. Apple/Softbank are trying to prevent iPhone 3G units from being taken out of Japan and unlocked (made useable with carriers other than Softbank): Wrong, only YA has this policy, and if anyone is going to buy up hundreds of iPhone 3G units and sell them abroad, it is going to be a yakuza or a snakehead with access to someone who has the proper credentials.

4. The police made them do it: well, the bigotry of Japanese cops is unlimited, but why can a foreigner show a Japanese health insurance card (no photo, certainly no visa info) or a Japanese driver’s license (no visa info) and be exempt from the restrictions on purchase/ installment payment?

One has to wonder about Japan’s future when flagship stores in major tourist areas go out of their way to discriminate against foreign customers, without any business or logical reason.

In the meantime, one can always boycott YA. Bic Camera has much better service, Yamada Denki is cheaper, and Best Denki has better parking !
================================

From: Writer B

Check the Files section of this Group for a scan of the offending policy document (original Japanese).

 

 

 

The document says nothing about restrictions on foreigners. It talks about restrictions on people using a foreigners registration card as their means of identification. Being a foreigner does not mean that your foreigner registration card is your only means of identification. Just show your driver’s license or your health insurance card instead.

BTW, it isn’t Yodobashi specifically; this is very much a Softbank policy. Always has been. The blogosphere has been talking about this for the past week, because of the iPhone, but I remember this from when I first switched to Softbank a couple years ago. I showed my alien registration, it was going to be a problem, so I showed my drivers license instead.

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

From: Writer C

I would wait a little on this one. They just announced this morning that all the major cellphone companies are going to implement new, tougher rules on registering phones. The police will be involved, and people will have to provide ID (driving licences were mentioned) and possibly have it copied by the companies. People refusing would be denied contracts, and ‘suspicious’ people refusing would be reported to the police.

And this will affect everyone. How they deal with non-Japanese, and non-residents, within this, remains to be seen.

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

From: Writer A

To the posters on the subject:

True, the YA document I discussed and posted does not say foreigners cannot buy an iPhone 3G. It does say that NJ with a stay of less than 91 days cannot buy an iPhone 3G. These very short-term NJ most likely won’t have a Japanese driver’s license or health insurance card. NJs who do have a Japanese driver’s license or health card, as I pointed out, can show either and get around the permitted stay restriction (one hopes), but many NJs with a 91 day to 15-month stay will not have either alternate document.

No, it is not a Softbank policy. It is not a stated policy and it is not an actual policy. I posted the stated policy (the hyperlink to the contract), and it mentions nothing about period of stay. Neither does any official Softbank literature on the iPhone 3G. It is not an unofficial Softbank policy either: I have used Softbank for many years and have never once been asked for a “gaijin card”. I have been asked for other ID and was able to satisfy the ID requirement by producing an official Japanese document that does not include my visa status. My understanding is that official iPhone 3G registration in every country requires some kind of proof of identity, but Japan is the only instance I have heard of in which proof of visa status is required. Indeed, in most countries phone companies love foreigners with adequate credit because they make long international telephone calls to their foreign homes.

Why do you think the policy appears in tiny letters at the bottom of a photocopied handout at YA? Perhaps because YA knows the policy is offensive and arbitrary. You won’t find a similar document at your local Softbank shop: the white Softbank iPhone 3G brochure has nothing restricting contracts to persons of a certain permitted stay.

Did [Writer B] switch from DoCoMo to Softbank, and is perhaps melding Softbank into the trauma of dealing with DoCoMo? DoCoMo is infamously NJ-unfriendly. It is the spawn of NTT, the phone company that would not hook up NJ to black rotary line telephones in the days when that is what a telephone meant.

Another poster mentioned that the police want to have tougher proof of identity requirements for registering cell phones. Actually, the Japanese police have a multi-year history of trying to tie cell phones more conclusively to individuals. The police are the reason one can no longer anonymously purchase a prepaid cell phone in Japan. The police are trying to make it a crime to sell a SIM (telephone number ID chip) from another phone in Japan. The reason is simple: yakuza use untraceable or stolen cell phones for defrauding people. A recent factoid states that Japan is victim to $1 million per day in telephone fraud (the frauds are quite varied, and change frequently, but many of the frauds are perpetrated against the elderly). The yakuza use the phones for a blitz of fraudulent calls, then throw away the phones– and the police can’t find out who is behind the frauds. By itself, requesting positive ID when one registers a cell phone is, I think, NJ-neutral. However, the police in Japan always end up requesting ID from NJ well beyond what is adequate to establish identity, and always end up backing down on the rigor of ID from Japanese citizens. Many of the forms of ID a Japanese can present to satisfy the policy have no photograph, no counterfeiting security, no standard format and are easy to turn out flawlessly with a good computer printer.

If YA has some legitimate business concern, there are ways to satisfy the concern without discriminating against NJ.

“Sunlight is the best disinfectant.”

Go blog it, Debito!

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

 From: Writer B

No, it is not a Softbank policy. It is not a stated policy and it is not an actual policy.

 

 

 

Well, here is Softbank’s actual policy from Softbank’s official web page:

http://mb.softbank.jp/mb/campaign/3G/procedure/

This is what lists the documents required to sign up for 3G service. There are many choices, one choice of which is “foreign registration card plus foreign passport”. If you choose that option, you may sign up for Softbank provided that you are not on a 90-day visa.

Now, there are actually two things at play here: The ability to sign up for 3G service and the ability to buy an iPhone on installments. If you pass the first thing, and you are willing to fork over the unsubsidized cash price for an iPhone 3G (70,000-80,000 yen depending on which model), then you have no problems.

But this is where the 3-15-month period of stay thing comes in:

Oh, hmm, Softbank has deleted the document since I saw it a few days ago:

http://www.japanprobe.com/?p=5106

The link that Japanprobe linked to before gave limitations as to who would purchase a phone on installments rather than upfront. It’s gone now. It was a page on Softbank’s official site, however.

To be perfectly honest, I think that their requirements are fair: To have service, all you have to do is prove that you live in Japan. If you want to buy a phone on installments (ie, take out credit), you should prove that you intend to pay back that loan, either by proving that you’re integrated enough in society that you have a driving license or health insurance, or at least have a visa that is long enough to cover the period of the loan. If you don’t, you don’t have to buy the phone on installments — you can buy it up front if you like.

But whether or not you think that’s fair, the point is you are barking up the wrong tree. It is very definitely Softbank that you are angry at, not Yodobashi. the fact that I (and many others) saw those requirements on Softbank’s website means that, at least as of a week ago, those were Softbank’s policies. I assume that they still are and that Softbank took away the link because people were complaining. But even if not, depending on the timing of when Yodobashi printed up their flyers, it is almost certain that it was because of Softbank’s directions.

Did [Writer B] switch from DoCoMo to Softbank, and is perhaps melding Softbank into the trauma of dealing with DoCoMo?

 

 

 

I did switch from DoCoMo, but your insinuation that I don’t know the difference between phone companies is, quite frankly, insulting.

DoCoMo is infamously NJ-unfriendly.

 

 

 

Maybe.. I never had a problem with them, though I understand that a lot of people have, so I am probably in the minority.

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

ENDS.  COMMENTS?

Terrie’s Take: Oji Homes and asbestos–and treating NJ customers badly

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

Hi Blog.  Yet another fantastic article from Terrie Lloyd.  I doff my hat in respect with the depth, breadth, and context provided every week in his “Terrie’s Take”s.

This one talks about the rot within Oji Seishi (Oji Paper), which is, incidentally, one of Hokkaido’s biggest employers (with factories in Tomakomai and Kushiro, not to mention seven other cities, and offices in Beijing, Melbourne, Vancouver, and Shanghai).  Its nine other “specialty paper plants” include my city of employment, Ebetsu, Hokkaido, and their works and subsidiary investments are the backbone of many a community.  Which is why the rot is supremely bad news.

Why is this a Debito.org issue?  Because their expat housing is treating NJ badly–toxically, in fact.  Terrie doesn’t make too big of a deal of that in his writing (you have to read almost to the end and blink when you realize the clientele include expats).  But I will.  (What did you expect?).  

In whatever fairness is warranted these people, Terrie asserts that the lies and poisons the NJ clients are enduring would not happen to the same degree to Japanese.  I’m not so sure of that, but it’s nevertheless a landlord that anyone would want to avoid.  Especially when they are lying about the degree of toxins they are releasing into the land and air, and asbestos in their housing.  Be advised.  Arudou Debito in Sapporo

* * * * * * * * * T E R R I E ‘S T A K E * * * * * * *

A weekly roundup of news & information from Terrie Lloyd.

(http://www.terrie.com)

General Edition Sunday, July 13, 2008 Issue No. 477 (excerpt)

When one thinks of Oji Paper, Japan’s largest paper manufacturing company (in terms of consolidated sales), the image is of vast green forests in Hokkaido, excellent paper-making technology, and the guiding hand of Eichi Shibusawa. Shibusawa was the father of Japan’s capitalist economy, initially helping to modernize the Ministry of Finance, then going out on his own to found the nation’s first modern bank, one of its first joint stock companies, and helping around 500 other now major companies (such as Tokyo Gas, Mizuho, the Imperial Hotel, Sapporo Breweries, and Taiheiyo Cement) to get started.

One of Shibusawa’s key philosophies was the promotion of business ethics and that helping others was an intrinsic part of making a business successful. Perhaps this is where the Japanese view that the purpose of companies is to provide for society first and shareholders second, came from. On the philanthropic and education side of his life, Shibusawa engaged in a purported 600+ projects to improve the living standards of those around him.

What a shame, then, that Oji Paper has lost the positive spirit and moral fiber of this great pioneer of modern Japan.

The reason we make this statement is that despite its pedigree, Oji and its group companies have shown that corporate pride and covering one’s back is more important than ethics. The “ethics” we’re talking about here concern Oji’s record on environmental pollution and resulting business decision-making.

As an example, on July 8th of this last week, the Tokyo District Court ordered Oji Paper to pay JPY590m in damages to Seiko Epson for selling Seiko Epson a 30,000 sq. m. plot of land in Nagano which turned out to be highly polluted with PCBs and Dioxin. Seiko Epson had to have 8,300 tons of soil removed to remediate the problem. Of course there was no mention by Oji prior to the sale of the fact that the plot was damaged.

For some reason almost no foreign media picked up on this law suit, but it shows that Oji has a pattern of lying and covering up pollution and general business problems. You may recall that in January this year, Oji among other paper producers was found to have been a leading culprit in lying about the level of recycled fiber/paper content in their “green” paper products. In many cases the recycled content was only 10% – 20% of that claimed, and in some cases there was NO recycled material present at all. While the CEO of competitor Nippon Paper stepped down over the industry-wide scandal, the CEO of Oji Paper, true to form, decided to say “sorry” but to otherwise chose to dodge the bullet.

Going back a bit further, to July, 2007, Oji Paper was forced to admit that its Fuji paper plant in Shizuoka had emitted more nitrogen oxide (NOx) than allowed under a local agreement with Shizuoka prefectural authorities. What’s worse, they falsified their emissions data to cover up the problem and were only found out after the Hokkaido Prefectural government challenged the company up north and did its own inspection of the company’s Kushiro plant. They found that the Kushiro emissions were in some cases twice Japan’s allowable limit. Ironically, NOx is a leading cause of acid rain, which destroys forests…!

Go further back still, and there are other instances of similar cover-ups and subsequent court cases. However, the point of today’s Take is that a related Oji company, Oji Real Estate, has now been found to have been engaging in its own form of cover-up that is much closer to home.

It is common knowledge in the expat community that the three Oji Real Estate condominium complexes in Minami-Aoyama: Oji Palace, Oji Homes, and Oji Green Hills are extremely popular with out-of-town CEOs and their young families. Oji Homes in particular draws a long waiting list of young families thanks to its 20m outdoor swimming pool and it’s convenient location right in the middle of fashionable Omote Sando. There are approximately 20 apartments in that complex, and over the last 25 years, we imagine that more than 200 families have lived there.

That’s 500+ tenants who rented their luxury apartments in the knowledge that they had a rock-solid landlord and the building was safe — or so they thought.

About two years ago. Oji started refusing to renew leases with tenants at Oji Homes, on the basis that they wanted to do renovations to improve earthquake standards for the building. This sounded credible, and most of the families have subsequently moved out despite being offered inadequate compensation to find a similar replacement apartment (standard practice in Japan for high-class apartments being renovated or torn down is to offer tenants 1-2 years supplementary rent to move to digs of a comparable level).

However, two families who’ve been long-term residents decided to dig their heels in and demand from Oji fair and reasonable compensation to move out. Oji decided to ignore them by starting renovation work around the families, arranging for their utilities to stay connected until a resolution was reached, or until the living conditions became so difficult that the families would eventually move out.

By “difficult” we mean that the building is being jacked up, so as to strengthen the building foundations, and the passage ways are soon to be full of dust, wheel barrows, and workers lugging in and out building materials.

As work has progressed, the families became suspicious that Oji may have had another reason for doing the construction work and decided to hire a professional architect to come in and assess the work. To their shock, he pointed out a number of areas fitted with asbestos and worse still, PCBs — perhaps from the same source as those found in the Nagano soil by Seiko Espon.

When confronted by the families, Oji initially denied any presence of either substance and continued their work as if everything was OK. However, the two families persisted and in June (last month), in front of lawyers and staff representing the families AND the Minato-ku Ward Office, Oji Real Estate and Takenaka Construction company representatives admitted that the building does in fact have both substances, with the asbestos being present in significant amounts, and that they’d known for some time about the presence of these substances.

Now, let’s think about this. A luxury apartment full of young kids, top-level international executives, and their guests, and yet Oji had known for possibly up to two years about the presence of asbestos and PCBs! What does this tell you about the company and its ethics?

As far as we know, we’re the first to break this story to the public, but the families are obviously hoping that the media will pick up on the situation and give Oji the coverage that the company obviously still needs in order to get the message: “a quick admission of the problem and proper settlement of tenant claims is the only reasonable outcome”.

In the meantime, if you are living in or have lived in any of the Oji apartment complexes, you may be wondering what the presence of asbestos means. Providing it is inert, probably the buildings have been/are reasonably safe, but the problem with asbestos is that one never knows when it or the binders it is applied with will age and start to flake off. Oji Palace is even older than the Oji Homes facility and there has been no indication at this stage that Oji plans any investigation or remediation of substances possibly present there. We think this is extremely irresponsible.

We also think it is very irresponsible that there is a public school right next to the building site, with kids running around in the playground every week day. Perhaps the parents of those children are not aware that even a wisp of the stuff inhaled into your lungs can cause mesothelioma and asbestosis later in life. Oji can and should be taking a lot more precautions and needs to come clean to the public about the work being done. Elsewhere in Japan, when asbestos is removed from schools, the entire school is closed (so it’s normally done during the summer holidays), to prevent danger to the kids.

The following link gives you some idea of what level of work precautions are necessary to safely remove asbestos from a work site. From what we’ve heard from the residents, so far the Takenaka workers are taking only the very most basic of precautions, and sophisticated respirators don’t appear to be part of them.

http://www.workershealth.com.au/facts001.html.

Then of course, there is the matter of the two families and their kids left in the building… We find it incredible that Oji Real Estate is able to engage in such dangerous construction work with tenants still present. This represents a level of bloody mindedness on the part of Oji managers that wouldn’t be tolerated if those families were Japanese. The proper venue for a showdown of this nature is the courts, and if Oji wants the resisting tenants to move, it should take them to court, reveal the levels of compensation being offered, and wait for the courts to decide before continuing their work.

ENDS

Good News #1: Zainichi lodges complaint re Nihon U debate club discrim, university takes appropriate action

mytest

 Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

Hi Blog. Good news for a change–the mechanisms for investigating and taking action against claims of discrimination seem to be working at Nihon University, at least. Well done, and thanks to 1) the investigators for doing their job and taking action, and 2) the victim and family for not just naki-neiri-ing this situation.

Additional comment from T3:
“Investigators confirmed that the refusal to allow the 3rd generation korean resident into the university debate team was based on racial discrimination. bizarrely so, because members of the team claimed that they might not be able to assimilate with a foreigner – a 3rd generation “foreigner”.”

One more piece of good news coming up today. Arudou Debito in Sapporo

===============================
University debate team suspends activities after resident Korean student claims discrimination
THE ASAHI SHIMBUN 2008/7/16

Courtesy of Mak and T3
http://www.asahi.com/english/Herald-asahi/TKY200807160268.html

The debate club of Nihon University’s College of Law suspended activities after a third-generation Korean resident said she was refused entry because of her ethnicity, The Asahi Shimbun learned.

The 21-year-old first-year student said she could not join the club in April because several senior members had a problem with her South Korean nationality.

Along with her mother, she lodged a discrimination complaint to the Tokyo-based university in early June.

The university administration commissioned lawyers to investigate the case and determined that the student was indeed discriminated against because of her nationality and ethnicity.

But members of the club denied that discrimination had anything to do with their refusal to let the student join.

The investigative team found that concerns were raised by senior club members over “how they would get along with a foreigner” and the possibility that she might be involved in a “radical religious activity.”

The club suspended activities in late June after a request from the university’s human rights committee.

Three senior members and two professors serving as club supervisors issued an apology to the student for causing “grief and pain.”

The student has refused to accept the apology because of their denial of discrimination.

The student attended an introductory session for prospective new members in late April, but was told the following day that she could not join.

A senior student told her that her class schedule would likely conflict with the club’s activities and that the club supervisor might dislike “the light color of her hair.”

However, she said she later learned from a friend who was a member of the club that senior members had said to the effect that they would “have a problem with her cultural background as a resident Korean.”

(IHT/Asahi: July 16,2008)

ENDS

Anonymous on J police treatment of disputes between J and NJ

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

Hi Blog.  What follows is an account from a NJ writer friend who has a street-scuffle dispute (with his aitekata demanding money from him) being mediated by the police.  Or kinda that, as he writes.  With some interesting indications that data from mere investigations goes down on an actual criminal record.  Blogged with permission.  Arudou Debito

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

DISPUTE MEDIATION (OR ALLEGED FACSIMILE) BY CHIBA POLICE
IS FOREIGNNESS BEING TAKEN ADVANTAGE OF BY ATARIYA?
By Anonymous, name withheld on request

Background (via my attempt to be objective)

In September of 2007 at about 11:30 p.m., I was on my way home on my bicycle when I had a collision at an intersection with another bicyclist (Japanese). It was extremely minor; we both hit our brakes in enough time that there were no injuries or damage with not even enough force for either of us to be dislodged from our bikes. My Japanese is minimal and when he began yelling and gesturing I decided to leave. His reaction was to attack in what I now suspect was an attempt to physically subdue me; fisticuffs ensued.

The result: If your assessment of a fight is who “wins,” then I suppose I came out on top. However, I do not normally subscribe to such means of conflict resolution and to the best of my knowledge haven’t had such an experience since grade school. Neither of us received serious damage – no breaks, strains or cuts – but his swollen face was more obvious (and greater) than my injuries. We were both (I’m told) taken to the local police station. On the way, I called a friend (gaikokujin) fluent in Japanese who insisted on coming to the police station to translate.

I repeatedly asked to file a complaint against my attacker, who I had reason to suspect, from the way the fight started and proceeded, had knowingly set himself up to appear as a victim despite the actual events. I was first told the questioning process I was then undergoing included that. Another officer later said I would be called in later to do so. What ensued over the weeks to come were a series of calls between Japanese (or Japanese-speaking) friends, the police and the other party and his friends in which authorities refused to take any legal action, insisting that we “work it out,” which as time progressed became increasingly clear that I was expected to pay him money. I refused. This culminated between myself, a translator I secured and the opponent and his friend (who made a not-too-subtly-veiled threat about the future well being of my family if I didn’t pay up) that solidified my refusal to pay any money.

That was November 2007; in May 2008 I was informed that since my opponent was not satisfied with the outcome, official proceedings would commence, i.e., I was required to come in and make an official response to his claim and file my own. (When I got there, I insisted that I file my own complaint before I answer any questions about his; the detective agreed though I am not sure in what order the two 8-hour series of interviews were officially recorded as much of my statements and answers to questions did not appear in the repeatedly revised victim report that the translator read back to me).

During the July 10 round of interviews I pressed the detective to tell me why, after so long, we were now taking formal procedures after they had refused my request to do so earlier. He repeatedly avoided answering the question (as he had done over the phone – via the translator – and on July 4) and, at that time, on the third such attempt I asked the translator to cut him off and tell him to answer the question directly. He said that normal procedure requires police to give such parties “time” to settle their disputes but after a certain time had elapsed he (not the original officers/detectives handling the case) deemed it time to call my alleged assailant first to ask him if he was happy with the outcome.  

For the record, the detective, Koseki-san, who was now handling the case, refused to include any of the accounts in my victim report that may have indicated that my alleged attacker purposely tried to appear as a victim despite my allegations that he initiated and sustained the fight, though he did volunteer that he, and presumably the law, were well aware of extortion scams that fit the bill. (He insisted this was more appropriate for my response to my opponent’s victim report, despite my insistence that it was the very nature of my complaint as a victim.) This includes my recollection that my opponent would strike me only after looking around to ensure no one was watching. His reasoning for omitting such allegations: 1) “XXX-san, don’t you think he has suffered enough?” and 2) How can this be proved?

It’s also worth noting that at one point I lambasted Koseki-san for the way Chiba police had thus far handled this case suggesting that it boarded on negligence if not bias. His response was to admit that the way the case was initially handled was “negligent” (via the translator) but he insisted that there was no bias. My response after earlier politely pointing out that he continually referred to my opponent to the translator as “Nihonjin” (who translated it as “the other party”) and confirming that when talking with my opponent he referred to me as “gaikokujin” (though he insisted appologetically that there was no ill intent – then continued to refer to the former as such): “not all bias is intentional.”

UPDATE:

You may recall a minor brawl I had with a guy after an even more minor bicycle accident back in September. Well, I got a call from Chiba police in Urayasu in May informing me that they had recently talked to the guy and since he was not satisfied with our attempts to ‘work it out on our own’ (i.e. I still refuse to pay him money) mutual formal complaints must be filed to take it to the next level.

This resulted in two full days, July 4 and 10, at the police station in Shin Urayasu of relatively congenial interviews to fill out the higaisha choshou (victim report) and kyojutsu choshou (personal-background [an odd if not archaic experience] and offender’s report).

 1)      While I had gotten people – including my wife – to translate for me before, regarding this matter, I decided that, although she was now with me in spirit she was correct in her assessment that her language skills were inadequate for such an official task. I had her tell the police, in no uncertain terms, that this was the case. Low-and-behold they managed to come up with a translator that I later learned was employed by Chiba Prefecture government for just such occasions (though before police had said translators were not at their disposal). However, this is a minor point.

2)      At the second round of interviews I was asked to move to the next stage that consisted of being fingerprinted and photographed. After all, I was told, this was a standard procedure that the person (Japanese) I had got in the fight with had already been through. I asked what would happen with the data afterward and was told it would go into the NPA criminal database. I raised the question of whether this was tantamount to being identified as a criminal with a de facto record before due process and conviction of any crime and said, “No.” This got the young detective scratching his head; he went to seek advice from a superior while the translator commented that in his 10+ years of doing this work such a question had never come up and that essentially it was a good point. The detective returned to say that although this was how they always handle such cases I was not under arrest and not required by law to submit to the procedure. If I would consent to return for it IF and after prosecutors deemed me guilty of a crime (though, in my mind that should also include a judicial decision) we could forego the process until later. I said that works for me for now and left it at that. The day wrapped up with me pointing out points of interest at the scene of the incident. As we said our goodbyes I asked one last question: “If I had submitted to being fingerprinted and photographed and prosecutors later deem the case worthy of no further action would my data be removed from NPA’s criminal database.” His answer, after consulting with a colleague on the scene (via the translator): “It would remain in the database, however, there would be an attachment that said, ‘case not prosecuted.’” In a land where impressions carry far more weight than fact, this is a woefully inadequate outcome for any suspect with no criminal record or history.

So, my concern here is: 1) how many people – Japanese as well as foreigners – with no official criminal record may be treated otherwise because of such standard procedures in subsequent encounters with police and the legal system? And 2) everyone, especially foreigners who seem to have a clear disadvantage in law-and-order matters that involve a contest with a Japanese person, should know that despite “standard procedure” they are apparently not required by Japanese law to have their fingerprints and photo logged into the National Police Agency’s criminal database unless they have actually been convicted of a crime. It’s apparently info police don’t readily volunteer (or, in some cases, even know about).

I hope this is of some use. Feel free to post it, in full or in part, online.  ANONYMOUS

Japan Times July 8 2008 45th Zeit Gist Column: Gaijin as Public Policy Guinea Pig

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
Hi All. This came out yesterday in the Japan Times, thought you might find it interesting. Bests, Arudou Debito in Sapporo

=========================================
GAIJIN AS GUINEA PIG
Non-Japanese, with fewer rights, are public policy test dummies
By ARUDOU Debito
Column 45 for the Japan Times Zeit Gist Community Page
Draft Seventeen, “Director’s Cut”, with links to sources
Published July 8, 2008, available at
http://search.japantimes.co.jp/cgi-bin/fl20080708zg.html

Anywhere in the world, non-citizens have fewer legal rights than citizens. Japan’s Supreme Court would agree: On June 2, in a landmark case granting citizenship to Japanese children of unmarried Filipina mothers, judges ruled that Japanese citizenship is necessary “for the protection of basic human rights”.

A shortage of rights for some humans is evident whenever police partake in racial profiling–for example, stopping you for walking, using public transportation, even cycling while gaijin (Zeit Gist Jul. 27, 2004). Japanese citizens are protected against random questioning by the “Police Execution of Duties Act”; requiring probable cause of a crime. But non-citizens, thanks to the Foreign Registry Law, can be questioned at any time, any place, under penalty of arrest (with some caveats; see SIDEBAR below).
Source: http://www.debito.org/japantimes072704.html

The societal damage caused by this, however, isn’t so easily compartmentalized by nationality. Denying legal rights to some people will eventually affect everyone, especially since non-Japanese (NJ) are being used as a proving ground for embryonic public policy.

Let’s start with the racial profiling. Mark Butler (a pseudonym), a ten-year Caucasian resident of Japan and Tokyo University student, has been stopped by police a lot–117 times, to be exact. He cycles home at sunrise after working in the financial night markets.

Never mind that these cops see Mark every night. Or that the same cop has stopped him several times. Or that they sometimes make a scene chasing him down the street, and interrogate him in the cold and rain like a criminal suspect.

Why do they do this? Cops generally claim a quest for bicycle thieves, never making clear why Mark arouses suspicion. When pressed further they admit: “Sure, we know you’re not a crook, but Chinese gangs are causing trouble, and if we don’t crack down on foreigners, the public thinks we’re not doing our job.”

But at stoppage #67, at a police box that had checked him more than forty times already, a nervous junior cop admitted that this was his “kunren” (training).

“It seemed the older officer there remembered I wasn’t a thief,” said Mark, “and saw an opportunity for some on-the-job training–without the risk of dealing with an actual criminal.”

Mark concluded, “I’d be happy to serve as a paid actor who rides past police stations and cooperates (or not, as directed) with the trainees. But these are officials making use of innocent people–and foreigners at that–for their kunren, with small and large risks forced upon the innocent party.”

No larger risk imaginable was recently forced upon a gaijin gimp by Narita Customs.

On May 26, a Customs official planted 124 grams of cannabis in a NJ tourist’s bag. Why again? To train the sniffer dog.

Unbelievably, the bag got lost. Customs later tracked down the tourist and his bag at a Tokyo hotel, then publicly blamed one bad egg, and one bad dog, for not being up to snuff. Even though Kyodo (June 30) now reports that Narita has laced bags 160 times since last September. The Mainichi in English even called it “common practice”.
Sources: http://www.debito.org/?p=1774
http://www.debito.org/?p=1680#comment-162491
http://www.debito.org/?p=1680#comment-162113

Never mind that anyone else Trojan-Horsing dope would be committing a crime. And if the bag got on a connecting flight to, say, Singapore, the unwitting possessor would be put to death.

Japan also has stiff penalties for drug possession, so imagine this being your bag, and the police on the beat snagging you for questioning. Do you think “how’d that get there?” would have sufficed? It didn’t for Nick Baker, arrested shortly before World Cup 2002, and sentenced to fourteen years despite evidence he was an unwitting “mule” (ZG Oct. 28, 2003).
Source: http://search.japantimes.co.jp/cgi-bin/fl20031028zg.html

And it didn’t suffice for a Swiss woman, arrested in October 2006 on suspicion of smuggling meth from Malaysia. Despite being found innocent twice in Japanese courts, she still hasn’t been released (because NJ have no right to bail in Japan, either). Thus being arrested under any pretense in Japan will seriously ruin your day–or the rest of your life.
Source: http://www.debito.org/?p=1447

Narita Customs said reprimands would be issued, paychecks docked, but nobody fired. That’ll learn ’em. But still the lack of transparency, such as whether Mr. Bad Egg knew the suitcase owner’s nationality from the bag tag, is indicative. It’s not inconceivable that his bag selection was judicious: If he’d egged a Japanese, think of the lawsuit. Non-tourists have plenty of time to hire a lawyer, and no language barrier.

Mr. Bad Egg, who according to Kyodo had spiked bags 90 times, seems a systematic fellow. Apparently determined not to follow what Customs claims is standard procedure (such as stashing the contraband in a dummy bag; although common-sense precautions, like including a GPS locator or labeling the box “Property of Narita Customs”, apparently are not), it seems logical that he would target a gaijin guinea pig and safely hedge his bets.

But why should citizens care what happens to NJ? Because NJ are crash-test dummies for policy creep.

For example, systemic full-time contract employment (“ninkisei”) first started with the foreigners. In Japan’s universities (and many of its workplaces), if a Japanese was hired full-time, he got lifetime employment–unable to be sacked unless he did something illegal or really stupid (like, um, plant drugs?).
Source: http://www.debito.org/activistspage.html#ninkisei

However, NJ educators and employees were given contracts, often capped at a certain age or number of renewals. And they didn’t get “fired” in legal terms–their contracts were merely “nonrenewed”. There was no legal recourse, because you agreed to the poison pill by signing the contract. Thus nationality and job stability were correlated, in a practice long derided as “Academic Apartheid”. Who cared? NJ were supposed to “go home” someday anyway.

However, in the 1990’s, with the low birthrate and declining student numbers, Japan’s universities found themselves in trouble. So in 1997, a new law was passed enabling full-time Japanese educators to be hired on contracts like foreigners. Hey, it had kept the gaijin disposable for the past century–why not use it to downsize everyone?
http://www.debito.org/activistspage.html#ninkisei

Eventually the entire job market recognized how “temping” and “freetering” everyone empowered the bottom line. Now contract employment is now universal–applied, according to Louis Carlet of the National Union of General Workers, to 20% of Japanese men, 50% of Japanese women, and 90% of NJ workers!

Another example: Back in 2003, the government tried “Gaijin Carding” the entire population with the Juki-Net System. However, it faced a huge (and rare) public backlash; an Osaka High Court Judge even ruled it unconstitutional in 2006 as an invasion of privacy. Oddly, the judge died in an apparent suicide four days after his ruling, and the Supreme Court reversed his decision last March 6. Now the decks are legally cleared to track everyone.
Source: http://search.japantimes.co.jp/cgi-bin/nn20061204a6.html
http://search.japantimes.co.jp/cgi-bin/nn20080307a1.html

Meanwhile, new, improved, centralized Gaijin Cards with IC Chips (ZG Nov. 22, 2005) are in the pipeline to keep the policing system evolving.
Source: http://www.debito.org/?p=1431

Even more examples: 1) Police stopping Japanese and rifling through their backpacks (vernacular articles have even started advising readers that this is in fact still illegal).

2) More public surveillance cameras appearing nationwide, after Japan’s first neighborhood “foreign crime” cameras were installed in Kabukicho in February 2002. According to NHK (July 1), Tokyo is getting 4000 new ones for the Summit; temporarily, we hope.
Source: http://www.debito.org/opportunism.html

And of course, as readers know full well by now, 3) the G8 Summit security overkill, converting parts of Japan into a temporary police state for the sake of catching “terrorists” (foreigners, natch) (ZG Apr 22).
Source: http://www.debito.org/?p=1639

What’s next? How about fingerprinting everyone, and forcing them to carry RFID tracking devices? Hey, if you’ve done nothing wrong, you’ve got nothing to fear from extra surveillance, right? Besides, the gaijin have already set the precedent.

The moral here is as below, so above. Our fellow native residents should not think that they won’t be “gaijinized” just because they are citizens. No matter what the Supreme Court writes about the power of citizenship, when it comes to the erosion of civil rights, non-citizens are the canaries in the coal mine.
ENDS
1320 words

========================================
SIDEBAR (180 words)
Checks and balances in ID Checks

According to Mark Butler’s consultations with the police, without probable cause of a crime, police cannot stop and demand ID from citizens (see full article). However, “probable cause” goes grey when, for example, you are on a bicycle (“I need to check it’s not stolen”) or you look foreign (“is your visa valid?”).

That’s why their first question is about your nationality. If not Japanese, they can apply the Foreign Registry Law and demand your Gaijin Card. If Japanese, legally they have to let you go.

But cops are now finding excuses to stop Japanese: Backpackers might be carrying drugs or knives, high schoolers tobacco or alcohol, etc. That’s how they’ve been circumventing the law for Summit security overkill.

Imagine interrogating a non-Asian who turns out to be naturalized or with NJ roots. With no Gaijin Card, and no way to prove he’s Japanese. If there’s no “bike or backpack” excuse, and an audio recording of the proceedings hits the media, this extralegal harassment may be unmasked as racial profiling.

We’re waiting for that test case. Or rather, I am.

ENDS

Japan Times JUST BE CAUSE Column 5: July forecast: rough, with ID checks mainly in the north

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
justbecauseicon.jpg
JUST BE CAUSE COLUMN FIVE
UNFETTERED POLICE RACIAL PROFILING. AGAIN

By Arudou Debito
Published as “July forecast: rough, with ID checks mainly in the north”
The Japan Times July 1, 2008
DRAFT TWELVE–“Director’s Cut”, text as submitted to editor.
Courtesty http://search.japantimes.co.jp/cgi-bin/fl20080701ad.html

I have suggested before (Zeit Gist Dec. 18, 2007) that Japan shouldn’t host major international events. Unfettered police power and insufficient media scrutiny create a virtual police state inconveniencing everyone.

I’ve likewise criticized the Hokkaido G8 Summit (ZG Apr. 22)–not only as a waste of resources (an estimated $700 million spent, mostly on “security”), but also because police harass foreign-looking people as potential terrorists.

Like me. On June 19, flying from Tokyo to Chitose Airport, Hokkaido, I was snagged by a plainclothes cop (a Mr Ohtomo, Hokkaido Police badge #522874) for exiting Baggage Claim while Caucasian. He wanted to see my Gaijin Card, citing Summit security. I told him I was Japanese. Then he demanded proof of that. Repeatedly. Missing my train, I said I would cooperate if he asked three Asians for ID.

He obliged, but the first Japanese businessman he buttonholed blew him off without breaking his stride. So I said, “If he needn’t show ID, neither should I. By law, you can’t ID citizens without probable cause, right?” He agreed, apologized for confusing me with a foreigner, and let me go.

Fortunately, I made an audio recording of the proceedings and took cellphone photos of the cops’ stakeout–clearly evidencing the cops only zapped the flight’s four White passengers (myself and three Australians).

So I decided to lodge a complaint for racial profiling, as well as wasting resources on ineffective anti-terrorist checks. (Check Asians too. After all, what terrorist worth his saltpeter would fly in and stand out as a gaijin?)

On June 25, I submitted a formal letter of protest to the Hokkaido Police (HP), asking: 1) How do you spot potential terrorists? and 2) How will HP avoid mere “gaijin hunting” in future?

But they weren’t cooperative. Despite my making an appointment in advance, HP wouldn’t let me talk to the department in charge of security. I was sequestered to an interrogation room for a one-on-one with some receptionist, with no authority to give definitive answers.

There would be no verifiable record of our conversation, either. A couple dozen reporters I had invited were denied entry into our meeting, even barred from treading upon HP property (they waited patiently outside the main gate). Although I brought my trusty audio recorder, police forced me to switch it off, even remove its batteries. If I didn’t comply, they threatened to reject my letter (an act of questionable legality).

HP used every trick in the book to avoid accountability. Mr. Flunkey, who didn’t even present his business card, simply denied NJ were being targeted (despite Mr Ohtomo’s recorded admission). He refused to comment for this column, and could not promise any answers to my questions in writing. Or at all.

Afterwards, I gave a press conference attended by, surprisingly, every major media outlet. The vibe was palpable: misgivings about the incredible expense for security overkill, including importing thousands of police (and their cars) from the mainland.

This is not unprecedented. In 2002, Sapporo’s World Cup England vs. Argentina match also imported thousands of police to catch “hooligans”. Yet for all the tax outlay and gaijin harassment, only one NJ was arrested (plus four Japanese)–for scalping. I submitted a letter of protest back then too, but HP refused to issue any written reply, or even apologize for all the meiwaku. “If we hadn’t done all this, the hooligans would have come,” claimed another functionary. That time, alas, the press ignored it.

Not this time. Still, press reportage wound up being mild, with no police feet held to any fires. Yoo-hoo, watchdogs?

Meanwhile, I keep receiving word of more gaijin crackdowns. Kamesei Ryokan, in faraway Nagano, sent word that ministries have just ordered all hotels nationwide to check all “foreign guests”–as potential Summit terrorists. A reporter friend also reported that registered NJ Summit journalists are being detained at the border and deported. And so on.

No doubt HP would aver that NJ are still not being targeted. But given all the evidence, that’s pretty poor detective work.

Hang on, folks–it’s going to be a rough July. And just wait: These Summits happen here every eight years. So if Tokyo also gets the Olympics in 2016, we’ll have a double whammy. Which means, unless Japan develops more public accountability, more money for the police, and more meiwaku for those who unfortunately look foreign.
=============================

Arudou Debito is co-author of Handbook for Newcomers, Migrants, and Immigrants to Japan.  Substantiation, including photos and audio recordings, at www.debito.org/?p=1767.

730 words
ENDS

Japan Times on dangerous precedents set by G8 Summit security overkill

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
Hi Blog.  DR sent this article as a comment to yesterday’s blog, but it’s worthy of an entry all it’s own.  It says what Debito.org has been saying all along–that security overkill sets dangerous precedents for everyone in Japan.  Arudou Debito

============================
G8 COUNTDOWN
G8 security steps hit as dangerous precedent
The Japan Times, Saturday, June 28, 2008
By ERIC JOHNSTON, Staff writer

http://search.japantimes.co.jp/cgi-bin/nn20080628a5.html

KYOTO — Their region having played host to three Group of Eight ministerial conferences over the past month, many in Kansai are breathing a sigh of relief and hoping the security measures that residents, and even summit participants, found excessive are now in the past.

But human rights activists warn the heavy police presence and security checks seen in Kansai are setting a dangerous precedent for next month’s G8 summit in Hokkaido and future international events throughout Japan.

In May, Kobe hosted the G8 environment ministers meeting amid unusually tight security.

Several days before the summit, some local media got wind that a ship belonging to Sea Shepherd, the conservation group that clashed with the Japanese whaling fleet earlier this year, might dock in Kobe during the event.

NGOs present in Kobe suspect the rumor, which turned out to be false, was started by Japanese police seeking to justify the huge amount of money being spent on security this year for all of the related summits.

Kobe’s Port Island, the site of the environment ministers conference, was a virtual fortress during the event, with traffic heavily restricted, many roads blocked off and hundreds of uniformed police officers and plainclothesmen patrolling the area.

Inside the Portopia Hotel, where the ministers met, guests and visitors had to undergo strict security checks that surprised even the top U.N. top climate change negotiator.

In Osaka, police began warning commuters in late April of security checks in subways for the two-day G8 finance ministers meeting in mid-June.

Traffic checks on the narrow, always crowded streets around the Osaka International Convention Center — the site of the meeting — tested the patience of many Osakans, a group not noted for their forbearance.

But the Kobe and Osaka events were topped by the security at the foreign ministers meeting in Kyoto on Thursday and Friday. Nearly 6,200 police officers were mobilized for the meeting.

Non-G8 visitors to Kyoto before and during the conference discovered that coin lockers in Kyoto Station were sealed and the Kyoto Imperial Palace, where the Kyoto Guesthouse is located, was closed off.

The Kobe and Osaka meetings saw no major demonstrations. But on Wednesday night, nearly 300 anti-G8 demonstrators marched peacefully through the streets of Kyoto.

Riot police shepherded the marchers through Maruyama Park and the historic Gion district while plainclothesmen, their faces hidden behind white masks and sunglasses, videotaped the demonstrators.

On June 10, Kyoto police raided the office of a local anti-G8 activist and arrested him on a four-year-old charge of illegally applying for unemployment insurance.

On Thursday, a South Korean labor activist opposed to the G8 meetings was forced to return home after being denied entry to Japan.

Cheong Ui Heon arrived at Kansai International Airport on Wednesday and was planning to take part in a demonstration that night, but was detained by Immigration authorities after allegedly being told the purpose of his trip to Japan was too vague.

Jun Yamamoto, secretary general of Asian Wide Cooperation Kyoto, an anti-G8 NGO, said it was clear both the June 10 arrest and the refusal to allow the South Korean activist into Japan were aimed at intimidating those the government fears, and warned the heavy security seen in Kansai this past month bodes ill.

 

“The G8 summits have provided a dangerous pretext for the authorities to use preventing terrorism as an excuse to violate the constitutional rights of Japanese and the human rights of foreigners entering Japan. As bad as the security in Kansai was, it’s going to be worse at Hokkaido next month, ” Yamamoto said.

ENDS

Japan Timesコラム和訳:「魔のG8サミット接近中:7月のG8長談義は日本で悪いことばかり目立ち、ホスト北海道には何の利益もないだろう」

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

Hi Blog.  Translation by a journalist of one of my Japan Times articles on the G8 Summit for domestic consumption.  Many thanks.  Pass it around to readers of Japanese.  Debito

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

THE JAPAN TIMES TUESDAY, APRIL 22, 2008
Summit Wicked This Way Comes
The G8 Summit gives nothing back, brings out Japan’s bad habits

Original English at http://www.debito.org/?p=1639.

魔のG8サミット接近中
7月のG8長談義は日本で悪いことばかり目立ち、ホスト北海道には何の利益もないだろう

有道出人(Debito Arudou)(www.NikkanBerita.comの木村嘉代子氏 訳)

私の住んでいる北海道の洞爺湖で7月のG8サミットが行われることをたぶん耳にしているはずだ。このイベントになじみのない人のために、外務省の発表した案内を紹介する。

「8カ国による(G8)サミットは、カナダ、フランス、ドイツ、イタリア、日本、ロシア、イギリス、アメリカ、欧州委員会議長が出席して毎年開催される会議で、首脳たちは、経済や社会問題を中心に、国際社会が直面しているさまざまな課題について、自由かつ活発に意見交換を行う」

平和的な会談をする人々(特に軍隊を送り込まない人々)を支援しつつ、このイベントが北海道にもたらす社会的ダメージについて考えてみよう。

国際イベントというものは、日本に最悪なことをもたらす傾向がある。官僚主義的で何でもコントロールしなければ気がすまない性格を持ち合わせている日本は、世界が注目しているときになおさら、その傾向が数倍にも強まり、政府はここぞとばかり、“安全”を口実に、法律で処理しがたいほどの権力を発揮するのである。

その良い例が2002年のサッカーワールドカップで、警察とマスコミの過剰行動を直接(札幌でのイングランド対アルゼンチンの試合のとき) 私は目撃した。何ヶ月間もメディアは「反フーリガン」キャンペーンを行い、本州から渡ってきた警官の数え切れないほどの大騒動があり、繁華街のあらゆる場所に夜警の検閲所が設けられた。警察はシステム的に、いかがわしそうな人(私のような)を立ち止まらせ、出身地や滞在の目的について職務質問した。「日本人以外お断り」という表示(いくつかはまだ残っている)が店先に掲げられた。

地元の人は好機を棒に振ってしまった。外国人風の人は、街頭やカフェで恐怖や嘲笑の対象としてみなされ、それだけではなく、店員は閉めたドアのシャッターの向こうでうずくまり、ビジネスチャンスを逃した。日本人以外の人が巻き込まれた暴力事件は報告されていないにもかかわらず、不便な思いをさせたことに対して公式な謝罪があった。

こうしたことは今回がはじめてではない。ビートルズが東京武道館でコンサートをした1966年に立ち戻ってみよう。1万人の観客のうち、3000人、そう3000人が警官が席を占めていたのである。警官は控えめな拍手をしていただけだった。たくさんのカメラマンが、旗を振り、喜んで立ち上がるファンを撮影するのを待ち構えていたからだ。

そのときももったいないことをしてしまったのだ。ビートルズのアンソロジーのインタビューによると、4人のメンバーは、ホテルの部屋で刑務所の中にいるように感じたという。ジョージは、「軍事演習」の雰囲気と比べ、リンゴは、「人々は気がふれていった」と語った。グループとして彼らが再来日することはなかった。

現在の重要問題のひとつに、世界の人々を不安がらせている「テロの脅威」がある。昨年11月から、入国する際、永住者も含むほとんどすべての外国人は指紋の検査をされることになった。テロ、伝染病、外国人犯罪を抑制する方法として、はじめて合法化されたのだ。読売新聞の12月31日の記事によると、サミットに向けて、法務省は反グローバル化運動の活動家の入国を拒否する傾向が強まっているという。

網を広げて、いわれのない人まで捕獲しようとしている。G8市民フォーラム北海道の越田清和事務局長によると、女性労働者の権利の主張者が、今年に入って日本への入国を拒否された。アジア女性協会の韓国の活動家キム・エシュウさんは、この団体の公式代表者として昨年日本に入国したが、今年になり、個人としてのみ入国を許可された。政府は、潜在的なトラブルメーカーとみなした人物を数ヶ月前から監視する動きがでている。

ここにすでに書いたように、市民の自由はサミットを前に蝕まれている。洞爺湖やその周辺がサミット期間中に一般人の出入りを閉鎖するだけではない。警察の命令により、札幌市の3つの公園での集会を7月1日から11日まで規制する、昨年12月に札幌市は発表した。抗議の末、自粛に訂正されたが、結局は同じである。

sapporoshi011708.jpg

言うまでもなく、これらの公園は公共の場であり、サミット会場から80km離れている。治安の範囲は、東京都のほぼ全域をカバーする大きさである。東京の中心にある皇居で行われるイベントのために、箱根での公式集会を禁止するのと同じである。

ホストの北海道にとって最も重要である、貧困や先住民、平和、さらに経済や環境といった課題で話し合うG8市民フォーラム北海道が計画中のオルタナティブサミットはどうなるのだろう。手ごわい。フラワーフェスティバルや、PMF、札幌夏祭り、中島公園の蚤の市も予定が変更された。これらも破壊活動とみなしているようなもので、ばかげている。

しかし、誰が地方の田舎者が必要とするものを気にするというのか? 遠いホテルで世界のリーダーたちが仲良くして、潜在的な不愉快な事件で中断されることなくディナーを楽しんでいるときに。

生活を楽しむために懸命に稼いで支払った税金を有効に使うことができさえすれば、北海道が貧乏になろうとも、国際イベントを開催することに大賛成である。1972年、冬季オリンピックが開催され、ビルやアリーナ、地下鉄が造られた。サッカーワールドカップでは、日本一ともいえる、地元野球チームのホームでもある札幌ドームを残してくれた。しかし、サミット後、やり遂げたという気持ち以外、洞爺湖には形のあるものが何も残らないだろう。北海道新聞によると、サミットの国際メディアセンターは取り壊されるという。

公式発表として、北海道経済連は、サミットにより、今後5年間で379億円の経済効果があると見積もっている(関係のないニセコのスキーブームも含んだ数値だということは疑いもない)。しかし、真面目に考えてみて、「G8饅頭」などというものを買うために、洞爺湖に大勢の人がやってくるだろうか。ここ5年間のサミットの開催地を誰が覚えているというのか? さあ答えてみよう。これで私が言いたいことがわかるだろう。

ヤフー・ニュースによると、首脳たちの3日間のサミットの密会に、185億円(1億8000万ドル)かかるという。小さな注意書きには、そのうちの140億円を「警備」に回す、とある。だとしたら、誰が利益を得るのか? 予算の大部分を配分される警察と、疑わしい民間人を取り締まることでさらなる先例を作り出そうとしている政府。

これが、いままでのサミットの最大の皮肉である。列強は全世界に民主主義を広げるとスローガンを掲げているにもかかわらず、彼らの会議は悪名高く、議論と一般市民の参加を鎮圧する反民主主義的方法で行われる。G8のメンバー国がパーティーを台無しにする異論を恐れているのなら、政治における民主主義の再考の場とはいえない。特に、この民主主義の促進を妨げる考え方が、日本ではどのような副作用があるか(訳注:警察の悪乗り)を考えたら。

サミット前症候群の苦しみに関係なく、日本は穏健な警察国家風の兆候がある。司法システムにおいて、捜査、逮捕、尋問、拘留、有罪判決での過剰な力が、すでに検察側に認められているのだ。さらに、(憲法で保障された権利である)市民の集会といった民主主義の根本のようなものには、警察や地域ビジネスの許可が求められるのである。(Zeit Gist、2003年3月4日)。

さらに、東京にある日本最大の警視庁はときどき、市民の責任を支配する紐のようになることができる。意地の悪い批判をしないエドワード・サイデンステッカーでさえ、こう言っている。

「東京の警察庁長官の任命は、首相の同意と、効力のない警察委員会の助言で行われる。このうちのどの当局も、知事や地方議員に抑制されない。大統領や女王や法王の襲撃といった恥をかくことに警戒する必要があるとして、東京は警察都市になっている。

北海道には、1000人の「警備担当警官」が送られ(読売新聞によると、さらに300人の「アドバイザー」も)、その他2000人の一般警官が送られ、何が起こるのか見張っている。前回日本で開催された2000年の沖縄・名護市のサミットでも、同様の結果だった。間違いない。

「他の国の費用の10倍である810億円を日本はサミット開催のために費やし、その約半分が警備に使われた。22000人の警官が日本を縦断し、20機の飛行機と100艘の船(駆逐艦も含む)がバックアップし、沖縄の地上、海上、上空をパトロールした」と、2000年9月に日本政策調査研究所は報告している。

「泳ぐ人やダイバーは周囲の海からを追い払われ、昔の墓の洞穴の内部は慎重に調べられ、G8関係者が通るすべての主要道路の周辺は念入りな警備体制がしかれた。地元の沖縄人は自宅から外出することができず、サミット開催地の境界には近寄れなかった」と日本政策調査研究所は続ける。「もし近づこうとすると、警察が名前と車のナンバーをすぐに書きとめ、黒いスーツ着用の秘密公安員が、“名護ピースウォーク”で平和的にデモをしている人の顔写真を盗み撮りのように撮影した」

最後に、ガーディアンの記者は、「遠く離れた島でのG8サミットの開催は、アルカトラズ(訳注:サンフランシスコにある離れ小島の刑務所)のデラックス版といえ、効果的だ」と結論づけている。

日本の20%を占める北海道は、アルカトラズとしては明らかに大きすぎる。しかし、官僚はそれを目指してよくがんばっている。北海道の大都市の社会運動を押さえつけるだけではない。4月14日の読売新聞によると、「駅と重要な施設」の周辺の疑わしき人々を監視するために、東京の池袋と新宿の「住民」および「町内会」の約3000人を警察はアシスタントとして命ずるそうだ。治安範囲は800kmにまで広がっている!

ポイントは、国際イベントは日本に悪い習慣をもたらす、ということである。それでは、2016年オリンピック開催の候補地に名乗りを上げている東京はどうなる? 一般市民を押さえつける、さらなる騒々しい公式の恐怖と取り締まりキャンペーンのきっかけになり、この幼稚な国家で最も得をするのは、警察なのだ。

結論。政治システムの点から日本はこのようなイベントのホスト国としてはまだ十分成熟しているとはいえない、と私は思う。訪問するだけなのに日本以外の国が恐ろしいかのように日本社会を脅かして人々を煽るのをやめるために、メディアは言うまでもなく、行政の適切なチェックとバランスを日本は発達させなければならない。日本の役人にブレーキをかけ、未熟のままの市民社会で取り締まるという警察国家に日本が変わっていかないよう防ぐ必要がある。

そうでなければ、チャルマーズ・ジョンソンが言ったように、「経済大国ではあるが、政治小国」として、日本がG8の仲間として居残ることになるだろう。

ENDS

Registered overseas journalists being detained, refused entry into Japan due to Summit

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
Hi Blog. Forwarding from Ms Kimura Kayoko, freelance writer for online independent internet newspaper Nikkan Berita (http://www.NikkanBerita.com). Original Japanese in previous blog entry. Translation mine. Arudou Debito

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

REPORTS OF DETENTIONS UPON ENTRY AT TOKYO IMMIGRATION

Recently, as the eve of the G8 Summit approaches, we are seeing incident after incident of non-Japanese being stopped at airports.

NJ who are coming here for G8 Summit activities (including reportage and convocations), without connections to governments or major press outlets, are apparently being subjected to background searches.  24-hour detentions are not unusual.

Last night (June 27), three Hong Kong citizen journalists who have been registered with the Citizens’ Media Center (Sapporo) were detained by Immigration, and were on the verge of being deported.

This morning, Susan George (ATTAC France) was stopped and questioned at the airport.  Ms George is 74 years old, and her detention demonstrates a lack of humanity on the part of authorities.

Similar measures on the part of Immigration are forecast to continue in this vein.

Japan, as host to this Summit, is a developed country with a democracy.  It is shameful for a member of the international community to treat visitors from other countries in this fashion.

And detaining, even refusing entry to, international journalists and media coming in for the Summit is a suppression of freedom of expression.

This is developing into a large international issue, with constraints being placed upon the length of stay for journalists belonging to international journalistic associations.

Journalists and international media people often have to cover unforeseen events, and cannot always tell Immigration in advance their exact itinerary or schedule.  This is normal.  However, people having schedules with free days are apparently being turned away at the border.  

Journalists who are not members of the major media are also coming to Japan, covering the Summit from the point of view of the general public.  Suppressing those people’s activities is depriving the public of a chance to have their voices heard, and only promotes overemphasis on the reports from the powers that be.

We wish to draw more attention to this problem so that more visitors can come overseas and enter Japan more smoothly.  We would like your help.  Anything you can do would be welcome.

Further, here is the phone number for Narita Immigration:

0476-32-6774

Also, the G8 Media Network will be having a press conference on Monday, June 30, with the detained media figures and Dietmembers in attendance.  More details here as they become available.

Kimura Kayoko

info AT berita DOT jp

ENDS

サミットの関係で、外国人ジャーナリストが拘束、強制退去

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
本日いただいた文を転送します:

有道さん

東京より外国人入国時の拘束に関する情報がはいりましたので、メールさせていただきます。

G8サミットが目前に迫った昨今、外国人が空港で足止めされるという事態があいついでいます。

政府関係者および大手メディア以外の目的で、G8関係の活動(取材、講演会を含む)のために訪れる外国人は事情聴取が必要で、24時間の拘束は珍しくないそうです。

昨晩(6月27日)、市民メディアセンター(札幌)に登録済みの香港・市民ジャーナリスト3人が入管に拘束され、強制退去寸前という事態が発生しました。

今朝は、スーザン・ジョージさん(ATTAC France)が空港で足止めされているとのことです。74歳のジョージさんを拘束するのは、人道上の配慮にも欠けていると思われます。

今後もこのような入管措置は続くと予想されます。

今回のG8サミットのホスト国であり、先進国であり、民主主義国家である日本が、外国からの訪問者をこのように扱うのは、国際社会の一員として恥ずべきことです。

G8の取材で入国しようとしているジャーナリストやメディア関係者の拘束(場合によっては入国拒否)は、表現の自由を抑圧する行為です。

国際ジャーナリスト連盟に所属しているジャーナリストも滞在期間を制約され、国際問題として大きく発展しつつあります。

ジャーナリストやメディア関係者というのは、不測の出来事を取材するケースが多く、入国の際にあらかじめ取材日程を決めることができず、スケジュールが埋まっていないのが普通です。しかし、予定がない日が数日あると、その前に帰国を命じられることもあるそうです。

大手マスコミ以外のメディア関係者は、市民の視線でG8を取材するために来日しています。彼らの活動の抑制は、市民の声を伝える機会を奪い、権力側に偏重した報道を助長させるだけです。

こうした問題を顕在化し、海外からの訪問者が速やかに入国できるよう、みなさまのお力をお借りしたいと思います。

できる範囲で結構ですので、ご協力どうぞよろしくお願いいたします。

なお、成田空港の入管の連絡先は以下の通りです。

成田入管 電話:0476-32-6774 

また、G8メディア・ネットワークでは、月曜日に東京で、拘束された当事者や国会議員を交えた記者会見を予定しているそうです。

詳細が決まりましたら、ご連絡させていただきます。

(日刊ベリタ 記者 木村嘉代子 著)

http://www.NikkanBerita.com

info AT berita DOT jp
以上

国土交通省から全国のホテル宛の指令:「サミットのテロ対策」として「外国人宿泊客の旅券確認強化」Ministries order all hotels nationwide to target all “foreign guest” passports

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

Hi Blog.  Only yesterday we heard from the Hokkaido Police that NJ were not being specially targeted as terrorists (despite all the evidence presented) for spot ID checks in public places due to the G8 Summit.

Well, I just received even more information today from old friend Tyler at Kamesei Ryokan in Nagano that contradicts this claim.

The ministries have just told all hotels nationwide once again in a directive dated June 4 that they should be checking passports from “foreign guests” (despite mentioning in the small print that this should only apply to “foreign tourists”).  Only this time the new gloss is this is part of “anti-terrorism moves during the G8 Summit”.  Yes, all “foreign guests”.  Yes, because any “foreign guest” (as opposed to any Japanese, who still do not have to show any ID at check in) might be a terrorist.  And yes, in hotels nationwide, as far away from the Summit as Nagano, in this case.

Hotels have been resisting this because of the meiwaku caused guests.  But the directives below make it clear that photocopies of passports must be taken and kept for future reference.  So now groups of foreign guests are required to submit their own photocopies of their passports.  Yeah, that’ll fix things.

Still want to make the argument that NJ are not being specially targeted as terrorists?  I’m sure the Hokkaido Police would.  But that would be pretty poor detective work based upon the evidence.

Thanks Tyler.  Arudou Debito in Sapporo

NOTICES FROM THE MINISTRIES (two pages received):

道新:

道警に抗議文を提出し、記者会見する有道出人さん=25日、北海道庁
http://www.hokkaido-np.co.jp/news/summit/101006.html

 主要国首脳会議(北海道洞爺湖サミット)の警備をめぐり「職務質問の標的を外国人に絞っているのは人種差別だ」として、北海道情報大学准教授で米国系日本人の有道出人さん(43)=札幌市=が25日、道警に抗議文を提出したことを記者会見で明らかにした。

 抗議文などによると、有道さんは19日午後、新千歳空港で外国人を対象とした職務質問を受けた、と主張。ほかの空港やフェリー乗り場などでも同様の警備が行われており「警察官の仕事は評価するしテロ警戒も必要だが、外見や人種で差別する形での職務質問は過剰警備だ」としている。道警は要請文として文書を受け取ったという。

 道警外事課は「日本人や外国人に関係なく、必要なときは声掛けしている」とコメントした。

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

そう?

Full report: Press conference goes well, but Hokkaido Police use every trick in the book to evade responsibility and press scrutiny.

mytest

 Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
Hi Blog. Full report (rewriting previous “quick update” earlier today) on today’s meeting with the Hokkaido Police, and the subsequent press conference.

Meeting with the Hokkaido Police (Doukei) took about 30 minutes, seventeen minutes spent with the police trying to get me to switch off my recording device (which they finally succeeded in doing, after three people warned me to remove the batteries for the sake of “privacy” and “ningen kankei” –or else they wouldn’t even accept my protest letter).  Or rather, I met with Mr Kawabe, alone, just him and me (reporters were kept outside the building, on the public sidewalk outside the Doukei front gate; police in Japan can thus avoid any contact with the press) in a sequestered room inside the Doukei Soudan Madoguchi.  

Our conversation lasted a little over thirty minutes, in which he made clear, inter alia (again, I was not allowed to record it) the following:

  1. They wouldn’t accept my letter as a “Letter of Protest” (kougibun).  It would have to be a “Letter of Request” (youseibun).  Whatever.  Just take the darn thing.
  2. They don’t believe they’re targeting foreigners in particular.  (And say as such in their official statements to the media.  I pointed out that any good detective would not draw this conclusion after all the evidence presented.)  
  3. They make no promises that they will answer any or all of the two questions I presented in writing (i.e. what criteria are they using to target people, and, how will they improve this so they aren’t merely targeting people who look foreign) at any time orally or in writing; and 
  4. No reporters would be allowed entry into our tete-a-tete.  This avoids any secondary witnesses to our conversation, or complete record of what was said between us. Mr Kawabe wasn’t even from the anti-terrorism department (despite his promises when I made an appointment the day before).  All he could do is pass up the information without quotable comment to me (I said I would be writing a Japan Times column on this, and would welcome a comment to include in the article in writing by Friday.  He indicated that would probably not happen.)  Complete evasion of responsibility, plus enabled plausible deniability.

Mr Kawabe did in fact towards the end make a defense of targeting foreigners, in that foreigners might in fact be illegal workers or overstayers, so there was a need to keep them checked on a regular basis.  He seemed to know NJ as criminals well, it seemed, but he knew next to nothing (as I asked, and I had to tell him) about the number of naturalized citizens, permanent residents, international marriages, or international children who fall into the grey area of “visibly foreign yet Japanese/earnest residents of Japan”.  I think he understood my position, and even said that he’d wouldn’t have minded having a beer with me under different circumstances.  Anyway, I received no meishi, and we shook hands as I departed to address the cameras and mikes waiting patiently outside.

The Press Conference at the Hokkaido Govt. Building (Douchou) Press Club took 35 minutes, about ten of them questions from the floor. I have made a recording of the entire thing, and you can listen to it without cuts (34 minutes–excerpting for my trip to the bathroom beforehand and the meishi exchange at the very end) from here:

http://www.debito.org/pressconf062508edit.mp3

道警に抗議文を提出し、記者会見する有道出人さん=25日、北海道庁

(Photo credit–Hokkaido Shinbun)


道警本部前で抗議文提出の経過を報告する有道出人さん 

(Photo Credit, Kimura Kayoko, Nikkan Beria)

(For the record, I hate listening to recordings of myself speaking Japanese in public–so much going through my mind–how to speak concisely, how to not show consternation whenever I speak about difficult topics, how to give both TV soundbites and newspaper quotes the reporters can work with, and all in a non-native tongue, which keeps tripping me up mid-sentence time and time again; damned hard work, this, and I’m envious of the Dave Spectors out there who can look composed and deliver under any circumstances.)

I think it went well, despite all my stuttering, broken Japanese in places, and reiterating points in concentric circles, in hopes of ultimately arriving at a sound bite for the TV cameras.  In terms of press attention, it was the third-best press conference I’ve ever done (first and second were our Otaru Onsens Lower and High Court decision days, respectively), with all the major media in attendance (the room was filled with reporters, with at least four TV stations and all the major newspapers). Seemed to truly be the issue du jour this jour.

Meanwhile, eyes peeled for articles, everyone–if you see any, please post them (full text with links) in the comments section below. I have the feeling that a lot of people are getting sick of how expensive this Summit has gotten (think USD 700 million and counting, the lion’s share for security) and will perhaps latch onto this occasion to prove a point. Let’s hope so, anyway.

But with the Hokkaido Police’s attitude towards foreigners, accountability, and press scrutiny, pressure to reform won’t be coming from within.  

You see, that’s three strikes now.  First, the Airport ID Checks in 1998 and 2002 (and the demands for improvement made to the Kouan Iinkai and the Jinken Yougobu, which went completely unrequited), then the 2002 World Cup in which they made every NJ a potential hooligan, and now this with the Summit.  Again, it’s a pattern from which we can now, even under mathematical definitions, triangulate.

Arudou Debito in Sapporo

サミット反テロ対策の改善を要請する抗議文(全文)Text of protest letter to Hokkaido Police

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
Hi Blog. Here is the letter of protest I will be delivering to the Hokkaido Police and the Hokkaido Government Press Club tomorrow.  Arudou Debito

6月25日のスケジュール

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

午前10:45 道警本部で集合
午前11:00 道警本部に以下の抗議文を渡す(予約済み)
午前11:45 記者会見 道庁記者クラブにて(予約済み)

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

抗議文
北海道警察署本部 御中 
警視庁 御中
(報道局にも転送)

http://www.debito.org/doukeikougibun062508.doc

 冠省 私は北海道情報大学准教授の有道 出人(あるどう でびと)と申します。この度、サミット反テロ対策の改善を要請致します。

 2008年6月19日(木)午後3:12頃、私がJAL0599で新千歳空港着後、手荷物を取り、到着ロビーに出た途端、私服警官に呼び止められ、職務質問をされた。そのおかげで、私は列車に乗り遅れることとなった。

 私は20年以上北海道に住んでおり、約8年前に帰化した外見が白人だが日本人である。しかし幾度も「私は日本人です」と説明しても、それでも警官は何度も身分証の提示を要求し続け、不快極まりなかった。その時の私服警官はその航空便のアジア系と見える数十人の乗客の方たちには目もくれず、白人乗客4人のみを標的にしたのは明らかだった。(参考写真は別紙)

 私を職務質問した警官は、呼び止めた理由は『外国人だ』と認めた(彼が「外国の方に見えた」と言ったことを録音した)。なお、警官のお名前と彼の道警手帳番号は録音の記述中にあります。内容は別紙で、ダウンロードと再生はこちらへ http://www.debito.org/chitosekeisatsu080619edit.mp3

 ただ、このような扱いを受けるのは私のみではないようだ。サミット警戒警備のテロの未然防止対策として、新千歳空港とその他の道内空港で、警官は「外国人風」の乗客のみを呼び止め、職務質問を行っているケースは少なくはない。警官は「人種差別だ。これで日本が嫌いになった。」と、激怒した者もいたと認めた。到着ロビーで乗客を待っている外国人住民も私服警官に標的されたケースもある(6月20日JAL3047、20時20分発生)。テロとは全く無関係の空港利用客の憤りと疎外感をどう対処するのかはお考えになったのか。

 この反テロ措置の執行の仕方は効果的ではなく、かえって逆効果がある。本格的なテロリストは目立つ外見で来日するだろうか?これは、普通に生活している外国人住民に様々な迷惑をかけ、2002年のサッカーW杯と同様に「外国人風な人がフーリガン」という扱いを再び甦らせたようだ。

 サミットの間、テロ対策の必要性があることは分かるが、この執行の仕方は警察の過剰防衛ではないか?いままで国内テロ行為がもれなく日本人(オウム、赤軍、革マル派など)によって起こされたものの、なぜ外国人か外国人に見える人だけがテロ容疑者扱いになるのか、という疑問は絶えない。
以下の質問を文書としてご返答をいただければ幸いです。

1)いままでどのような基準で「テロ未然防止」として、人を呼び止め職務質問や身分証明検査をしたのか。
2)どう改善するか。これからどうやって「外人狩り」、外見が外国人のみを標的しない反テロ措置を執行するのか。

どうぞ宜しくお願いします。
草々
2008年6月25日 北海道警察署本部に出頭して提出
連絡先 有道 出人(あるどう でびと)携帯番号:090-xxxx-xxxx

参考資料はこちらです。

http://www.debito.org/doukeikougibun062508.doc

ENDS

千歳空港で警察の反テロ「外人狩り」職務質問(録音と脚本)

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

2008年6月21日発行
転送歓迎
皆様こんばんは。有道 出人です。いつもお世話になっております。

さて、G8サミットが迫って、「反テロ措置」もいよいよ多く実施されるようになってきました。しかし、その結果、「テロリスト」は「白人・外人」の外見だけで標的にされております。

 道内では、色々な警察署が発行した「警戒警備にご協力下さい」というポスターやチラシが現れてきました。

5月から、札幌市内の地下鉄・JR駅や自動販売機の中で見られるポスターはここでご覧下さい。

http://www.debito.org/?p=1721

6月13日(金)サミットから700キロ以上離れている、単に外国人が多い六本木で麻生警察署に配布された「職務質問・検問の実施に、ご協力下さい」と載っているチラシはここでご覧下さい。

http://www.debito.org/?p=1749

 しかし公表に留まっておりません。道内空港(少なくとも新千歳と女満別)では、外国人みたいな人のみが、飛行機からおりて荷物を受け取って「セキュリティー・ゾーン」から出ても、私服警官に呼び止められ職務質問と身分証明が要求されています。到着する人を出迎える外国人みたいな住民もそうなっているようです(千歳空港6月20日JAL3047、20時20分着)。

 私も、東京の帰り、6月19日(木)の午後3:12頃、新千歳空港で白人として、こういう目に遭いました。録音はこちらです。(およそ4分間)

http://www.debito.org/chitosekeisatsu080619edit.mp3

脚本は以降の通り:

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

有道 出人:はい、こんにちは。

大友北海道警察官:すみませんね、お忙しいところ。日本語は大丈夫でした?

有道:大丈夫です。

大友:北海道警察なんですけど。G8サミットの関係ですね、外国人登録証の提示をお願いしていまして。

有道:あ、はい。外国人じゃないです。

大友:あ、そうですか。

有道:そうです。日本人です。

大友:永住されているんか。

有道:日本人です。

大友:あ、そうですか。ハーフは何かですか。

有道:日本人です。

大友:免許証か何かをお持ちでは?

有道:なぜですか。

大友:すみません、ちょっと、こちらの方へ。

有道:私は列車に載りたいんですけど。

大友:外国の方ですか。

有道:いや、日本人です。

大友:お持ちではなかったですか。

有道:何がですか。

大友:免許証か何か。

有道:なぜですか。

大友:身分を証明するものはありました?

有道:なぜですか。

大友:皆さんはちょっと確認させてもらっていまして。

有道:えーと、すみませんが、ずっと見ていたんですけれども、一人も、今までは確認しなかったですね。

大友:今まで。

有道:ええ。色んな人たちが出たんですけど、僕だけ確認しているんですけど。なんですよね。

大友:すみません。外国の方に見えたものですから。

有道:悪いですけど、外国人じゃないです。

大友:あ、そうですか。はい、分かりました。

有道:はい。いいですか。

大友:すみません、何度も、こちらに来られますか。今後もですね、7月9日までこういう活動はしていますので、僕らはまた声を掛ける可能性があるんで。

有道:ありますよね。

大友:気を悪くしないで下さい。

有道:まあ、そういうことであればいいですけど、説明して下さい。そして、白人だけか外国人に見える人だけを標的にしないで下さい。

大友:はい、分かりました。

有道:いいですか。

大友:どうもすみません。

有道:お名前を聞いていいですか。

大友:大友です。

有道:大友さん。はい、そして北海道警察の大友さんですか。

大友:はい。身分を証明するものをーー

有道:はい、番号はいいですか。522874です。ありがとうございました。どうもすみませんでした。

大友:免許証の方をお願いしてもよろしいですか。

有道:えー、なぜですか。

大友:すみません、お名前聞いておいてもよろしいですか。

有道:北海道情報大学准教授の有道 出人と申します。

大友:助教授ですか。

有道:准教授です。

大友:そうですか。いま、どちらかの方に行って戻ってきたところですか。

有道:いいですか。ちょっと列車の方へ行って。

大友:札幌のほうですね。

有道:いいですか。

大友:分かりました。

有道:他の人を職務質問をしていないんですよね。

大友:はい。

有道:もし、僕からの協力が欲しければ、アジア系3人くらい、職務質問をして下さい。そういうことをしていただければ協力します。どうですか。

大友:分かりました。こちらの方にお待ちになってもらってよろしいですか。

有道:分かりました。じゃあ、アジア系の人たち、どうぞ。

(20秒くらい、大友氏は日本人の中年男性ビジネスマンを呼び止め職務質問をしようとするが、相手方は協力を断る。)

有道:ということで、提示しませんでしたね。

大友:はい、そうですね。すみません。

有道:まあ、職務執行法では、提示する必要はないですよね。そうでしょう、大友さん。

大友:はい。

有道:だから、彼も提示しなくてもいいなら、僕も提示しなくてもいいですよね。

大友:今まで何度も声がかけられてました?

有道:まあ、僕は帰化した日本人なんですので、何回も白人として警察に色んな扱いーー

大友:今まで、嫌な思いはされているということですね、今まで、何度も。

有道:ま、何回もそうなんですよ。

大友:分かりました。いや、今まで、なんとか、あのう、教授の方で、こう、僕が声を掛けた場合、あのう、警職法の提示、こういうことがありますというの、提示された方がいまして。そういうのは分かっているんですけど。それでは、うちら、すみません、仕事のもんですから、サミットまでこういう活動はしているんですよ。

有道:はい。但し、白人だけか外国人に見える人だけを標的しないで下さい。それはレイシャル・プロファイリング(racial profiling)なんですので、人種差別の一種だと言われるかもしれません。

大友:今まで何度も言われますんで。「人種差別」「人種差別」と言われているんですけれども。

有道:嫌ですよね。

大友:僕らも、そこまで、そういう気持ちはないんですけども。で、今までやっていたわけじゃないんで、今までこうやって継続的にここでやっているでしたら理解されると思うんですけれども。6月になってからサミットが近付いてからいきなり始めているんで、なかなか理解されない場合も。

有道:出来ませんよ。だって、考えてみて下さい。今までのテロは日本人に全部催されたんですよ。オウム心理教から赤軍とか、全部ですよ。ですからね、なんで外国人みたいな人だけ標的されているんですか、ということなんですよね。

大友:すみません、申し訳ないんです。

有道:とんでもないんです。

大友:札幌行き、19分に乗るんですよね。

有道:まあ、出来ればね。はい。いいですか。

大友:15分のもんなんですから、時間ギリギリなんですけども。まあ、気を付けて。

有道:分かりました。

大友:またですね、声をかける場合があるかもしれません、僕以外の者もいるんで、ちょっと、気を悪くしないでもらえます?

有道:頑張ります。(笑)

大友:いや、前も言われたんですよ。「今まで日本を愛していたのに、こんなことになって、日本が嫌いだ」とか、というのがあったんです。

有道:ほー、そうなんですか。

大友:そういう人もいらっしゃるもんですから。僕らも悪気があってやっているわけではないんです。

有道:お仕事だと分かります。

大友:申し訳ないですけども。

有道:とんでもないです。反テロ措置として、頑張って下さい。

大友:この活動は、サミット終了時までやっていますのでーー

有道:楽しみにしています。

大友:他の空港に行ってもですね、北海道内までーー

有道:女満別も同じだとも聞きました。

大友:あ、そうですか。いや、申し訳ないんです、気を付けて、お帰り下さい。

有道:ありがとうございます。どうもすみませんでした。では、失礼します。

以上

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

(録音残りの3分間では、英語で、私のみではなく同空便に乗ったオーストラリア人3人グループは白人だから同様に職務質問とパスポートチェックがあったと認める。「差別だった」と感じたことも認める。)

(その私服警官のロビーで待機している姿、他人にも呼び止めをしない姿は携帯スナップが私のブログにも載っています)

(大友さんは黒い上着です。最後の写真で分かるのは、アジア系の乗客が出てきても、監視する姿は変わりません。はるかに「外国人風」の人だけを探しています、)

 列車に乗り損なったものの、私は運がよく、非常に良心的な警察官に合いました。だが、こう丁寧に対応しない警察官もいるということで、憤りを感じる外国人住民も少なくはないようで(大友氏はそう認めました)。

 日本政府もこれから移民について本格的に考えるようになっているので、少なくとも、我が国の国家公務員は人種や外見だけで「テロ扱い」から卒業できませんか。2002年のサッカーW杯の「フーリガン対策」の元で、いかに外国人住民にとって迷惑となったのは意識していませんか。

http://www.debito.org/susukinosign.html

 テロリストは来るなら、そう簡単に目立ちません。

 宜しくお願い致します。有道 出人

debito@debito.org

www.debito.org

2008年6月21日発行

転送歓迎

Hokkaido Police at Chitose Airport only stop non-Asian passengers for G8 Summit anti-terrorist ID Checks, ask me for ID three times. Voice recording as proof (UPDATED)

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

Hi Blog.  I was told this would happen–people of color (i.e. non-Asians) are getting racially profiled at Hokkaido’s airports as they exit baggage claim.  (Shin-Chitose and Memanbetsu are confirmed, as also acknowledged by an officer of the Hokkaido Police in the sound recording below).

On Thursday, June 19, 2008, on my way back from Tokyo, I was stopped at 3:12PM at Shin-Chitose Airport by a Mr Ohtomo (Hokkaido Police Badge #522874) at the JAL exit and demanded at least three times my ID.  I recorded the entire exchange as an mp3 sound file (edited down to seven minutes, with no cuts once the police questioning begins).  Download it from here:

http://www.debito.org/chitosekeisatsu080619edit.mp3

It includes the complete exchange in Japanese between Mr Ohtomo and myself, which essentially runs like this:

1) Mr Ohtomo identifies himself as a (plainclothes) police officer, and that for the needs of G8 Summit security, he needs to see ID from me as a foreigner. 

 

2) When I tell him I’m I’m a Japanese, he keeps asking whether or not I’m a Permanent Resident and continues the quest for my ID, saying that he asks everyone thusly.

 

3) When I tell him that I’d been watching them and they hadn’t stopped anyone until now, he apologizes and admits that he mistook me for a foreigner (meaning that that was in fact the criterion used).  But he still keeps asking for ID.

 

4) Eventually I tell him my name and job affiliation (after he allows me to read his badge number out loud for the record), and I say I will cooperate if he will ask three Asians for their ID.  He goes off and tries, but (it’s hard to hear, but I did not cut this section, for the record) the businessman he corners refuses to give his ID.  So I say that if he doesn’t have to, neither should I.  Under the Keisatsukan Shokumu Shikkou Hou, which he acknowledges is binding here.

 

5) Mr Ohtomo is very apologetic for stopping me, saying that it’s only his job, and that these checks will continue until the Summit ends.  And that it will probably happen to me again and again, but he doesn’t want me to have a bad impression.  He also says (this guy’s a very gentle, conscientious cop) that he has been told a number of times by people he’s stopped that he’s being racist in his activities, and feels bad when they say they are getting a bad impression of Japan due to these ID checks (NB:  Bravo to those people speaking out!–Police are people too and it does have an effect.)

 

6) The final few minutes of this seven-minute recording is me asking three Australians in English who were on the same plane whether they got ID checked.  They woman said yes, she had been.  Thus verifiably no other passengers (since they were all Asian) from that domestic flight were ID checked by the police.

Further, as visual proof that the two police offers were only stopping non-Asians, I took these photos with my keitai while still in baggage claim.  Easy to spot the cops (Mr Ohtomo is wearing black).  And note how they stay in position regardless of other people exiting (photo four)–they were only checking the White people. 

I missed my train, but no, in the end, I did not have to show my ID.  But when I tried to give this story to a Hokkaido Shinbun reporter I had lined up specially, he didn’t bite, deep sigh.

Listen to the music.  The refrain is familiar and now ever verifiably so.  Arudou Debito in Sapporo

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

UPDATE:  THE EXCHANGE BETWEEN MR OHTOMO AND MYSELF IN FULL, TRANSLATED.  (original Japanese transcript here)

ARUDOU: Hello there.

OHTOMO: Sorry to bother you.  May I speak Japanese?

ARUDOU: Sure.

OHTOMO: I’m from the Hokkaido Police.  With the G8 Summit, we’re asking people to display their Gaijin Cards.

ARUDOU: Yeah, but I’m not a foreigner.

OHTOMO: Really?

ARUDOU: Yep.  I’m a Japanese.

OHTOMO: You’re a permanent resident?

ARUDOU: I’m a Japanese.

OHTOMO: Oh really.  What are you, a half-breed or something?

ARUDOU: I’m a Japanese.

OHTOMO: Are you carrying a drivers license or some proof of that?

ARUDOU: Why do you ask?

OHTOMO: Sorry, could you please step over here out of the way?

ARUDOU: I’d like to get on my train.

OHTOMO: Are you a foreigner?

ARUDOU: Nope.  Japanese.

OHTOMO: Aren’t you carrying proof of that?

ARUDOU: What do you want?

OHTOMO: A drivers license or somesuch.

ARUDOU: Why’s that?

OHTOMO: Do you have any proof of your identity?

ARUDOU: Why do you ask?

OHTOMO: We’re confirming this sort of thing with everyone.

ARUDOU: Uh, sorry, but I have been watching you for quite some time, and you haven’t confirmed anyone’s identity with anyone at all thus far.

OHTOMO: Thus far?

ARUDOU: Yes, lots of people have emerged from baggage claim, but I’m the only one you’ve checked so far.  Isn’t that right?

OHTOMO: Sorry.  It’s because you look like a foreigner.

ARUDOU: Sorry to break it to you, but I’m not a foreigner.

OHTOMO: Oh, really.  Okay, I understand.

ARUDOU: May I go now?

OHTOMO: Sorry, but do you come through here frequently?  Because from now, we’re going to be doing this sort of thing until July 9, and there’s a possibility that somebody’s going to call on you like this.

ARUDOU: There is that distinct possibility, yes.

OHTOMO: Well, please don’t take umbrage.

ARUDOU: Well, I understand that, but do explain yourselves.  And please don’t target people just because they’re white or because they look foreign.

OHTOMO: I understand.

ARUDOU: Now, may I go?

OHTOMO: Sorry about that.

ARUDOU: May I ask your name?

OHTOMO: Ohtomo.

ARUDOU: Mr Ohtomo, from the Hokkaido Police Department, right?

OHTOMO: That’s right.  Shall I show you my ID?

ARUDOU: Thanks.  May I read the number out loud?  522874.  Thanks a bunch.

OHTOMO: Now may I ask you for your ID?

ARUDOU: Er, why?

OHTOMO: Okay, sorry, may I ask your name?

ARUDOU: I’m Arudou Debito, Associate Professor at Hokkaido Information University.

OHTOMO: Associate Professor?

ARUDOU: That’s right.

OHTOMO: I see.  And where were you going and coming back from?

ARUDOU: I’d like to get on my train now.

OHTOMO: So you’re heading towards Sapporo.

ARUDOU: May I go now?

OHTOMO: Understood.

ARUDOU: You’re aren’t asking anyone else these kinds of questions now, are you?

OHTOMO: (demurrer)

ARUDOU: Well, if you want my cooperation, I’d like to ask you to ask three Asians for their ID.  Do so and I’ll cooperate.  How’s that?

OHTOMO: Okay.  Would you be so kind as to wait right here?

ARUDOU: Sic ’em.

[Ohtomo asks a middle-aged Japanese businessman, who never breaks his stride, for his ID.  Following him down the escalator towards the trains, Ohtomo eventually breaks off the chase when his quarry refuses to cooperate and show his ID.]

ARUDOU: Well, he didn’t show his ID, now, did he?

OHTOMO: No.

ARUDOU: Well, you can’t rightly ask him, under the Police Execution of Duties Law, now can you?

OHTOMO: Right.

ARUDOU: So I guess that means that if he doesn’t have to show his, I don’t have to show mine, either, right?

OHTOMO: I take it you’ve been stopped like this many times before.

ARUDOU: Well, I’m a naturalized Japanese.  I get treated a lot of different ways by the police as a White person.

OHTOMO: You’ve probably had a lot of bad experiences.

ARUDOU: Well, it’s happened many times.

OHTOMO: I see.  Well, one time when I was talking to a university professor and asked him for his ID under the law, telling him this sort of thing goes on.  He understood what we were up to.  Anyway, we police are only doing this as part of our jobs, part of the activities associated with the Summit.

ARUDOU: I’m sure.  However, please don’t just target people who look foreign or are White.  That’s racial profiling.  Some might even say it’s a kind of racial discrimination.

OHTOMO: Yes, up to now it’s been said to me many times.  “This is racism, this is racial discrimination!”

ARUDOU: It’s not very pleasant, is it?

OHTOMO: But we police aren’t doing this with any prejudicial feelings.  We haven’t even done this all that frequently.  If we had, perhaps people would be more understanding.  But suddenly here we start in June as the Summit approaches, so probably some people are going to find this hard to take.

ARUDOU: It is hard to take.  Think about it for a minute.  As of now, all terrorism in Japan has been caused by Japanese.  From Aum Shinrikyo to the Red Army, all of it.  So why are you only targeting people who look foreign?  That’s the issue.

OHTOMO: I’m very sorry about that.

ARUDOU: Well, never mind.

OHTOMO: Are you going to make your 3:19 train?

ARUDOU: If possible.  Alright, may I go now?

OHTOMO: It’s already 3:15.  Cutting it fine.  Anyway, take care.

ARUDOU: Thanks.

OHTOMO: And also, please remember that you may be asked like this all over again, by somebody other than me.  Could you please not take offense?

ARUDOU: I’ll make an effort (laughs).

OHTOMO: Well, I’ve said this before, but there have been cases where people I’ve questioned have said, “I used to like Japan, but because of things like this, I can’t stand the place anymore.”

ARUDOU: You’re kidding!

OHTOMO: People react like that sometimes.  We aren’t doing this sort of thing just to offend people.

ARUDOU: I understand it’s your job.

OHTOMO: Again, I’m sorry about that.

ARUDOU: No problem.  Look, do what you can to thwart terrorism.

OHTOMO: We’ll be doing this only until the end of the Summit.

ARUDOU: I’m looking forward to that.

OHTOMO: It’s happening in other airports in Hokkaido too.

ARUDOU: Such as Memanbetsu, right?

OHTOMO: Er, yes, right.  Anyway, take care on your way home.

ARUDOU: Thanks.  You too.  Bye.

TRANSCRIPT ENDS

Tangent: China bans terrorists during Olympics (Shanghai Daily)

mytest

 Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

Hi Blog. Every now and again we do need a reality check. I’ve been heavily critical of Japan’s paranoid rules about G8 Summitry and security. Well, let’s cross the pond and see how even more silly China comes off regarding security during their Olympics (these sorts of things would never exist in China without foreigners bringing them in, of course):

================================
China bans sex workers, terrorists during Olympics
By Li Xinran June 2, 2008

Courtesy of PM
http://www.shanghaidaily.com/sp/article/2008/200806/20080602/article_361675.htm

OVERSEAS visitors suspected of working in the sex trade, of smuggling drugs or belonging to a terrorist organization will not be allowed to enter China during the 2008 Beijing Olympics, organizers of the Games said today.

Foreigners with mental or epidemic diseases, including tuberculosis and leprosy, will also not be issued visas to visit China, the Organizing Committee said in a circular published on its official Website. 

Entry would be banned to anyone with “subversive” intent upon arriving in China, according to the rule.

“Foreigners must respect Chinese laws while in China and must not harm China’s national security or damage social order,” the rule states. 

The pamphlet, in Chinese only, also banned foreigners from carrying weapons, replica guns, ammunition, explosives, drugs, and dangerous species. 

Publications as well as computer storage devices with content harmful to China’s politics, cultures, morals and economy are also prohibited, the circular said. 

However, visiting foreigners may bring one pet during their visit. 

During their staying in China, overseas visitors shall also obey public rules. Drunkards in public areas might be detained by police, according to the pamphlet. 

Visitors are not allowed to sleep outdoors and shall keep passports, ID or driver’s licenses with them at all times, the pamphlet said.

Some areas in the country are not open to foreigners and overseas visitors will not be allowed to enter, the rule said. 

“Foreign spectators will not necessarily automatically get visas just because they have bought Olympic tickets. They need to apply for visas in accordance with rules at Chinese embassies,” the list said. 

 

The pamphlet also outlines six activities which are illegal at cultural or sporting events, including waving “insulting banners,” attacking referees or players, smoking, and lighting fireworks in venues. 

ENDS

Japan’s Supreme Court rules Japan’s marriage requirement for Japanese nationality unconstitutional

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan
Hi Blog.  I think this will be the best news we’ll hear all year:

Thanks to the vagaries (and there are lots of them) of Japan’s koseki Family Registry system, if a child is born out of wedlock to a Japanese man and a NJ woman, and the father’s parentage is not acknowledged BEFORE birth, Japanese citizenship up to now has NOT been conferred.  Japanese citizenship is still NOT conferred EVEN IF the J man acknowledges parentage AFTER birth.  

(If the situation was reversed i.e. J mother-NJ father, it doesn’t matter–obviously the mother and child share Japanese blood, therefore Japanese citizenship is conferred.  Of course, the NJ father has no custody rights, but that’s a separate issue…  More in HANDBOOK pp 270-2.)

But as NHK reported tonight, that leaves tens of thousands of J children with J blood (the main requirement for Japanese citizenship) either without Japanese citizenship, or completely *STATELESS* (yes, that means they can never leave the country–they can’t get a passport!).  It’s inhumane and insane.

But the Japanese Supreme Court finally recognized that, and ruled this situation unconstitutional–conferring citizenship to ten international children plaintiffs.  Congratulations!

News photo

Photo by Kyodo News

(NHK 7PM also reported last night that three Supreme Court judges wrote dissents to the ruling, some claiming that the Diet should pass a law on this, not have the judiciary legislate from the bench.  Yeah, sure, wait for enough of the indifferent LDP dullards in the Diet to finally come round, sounds like a plan; not.)

Read on.  I’ll add more articles to this blog entry as they come online with more detail.  One more step in the right direction for Japan’s internationalizing and multiculturalizing society!  Arudou Debito in Sapporo

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

Top court says marriage requirement for nationality unconstitutional

TOKYO, June 4, 2008 KYODO

http://www.breitbart.com/article.php?id=D9133QJG2&show_article=1

     The Supreme Court on Wednesday declared unconstitutional a Nationality Law article requiring parents to be married in order for their children to receive Japanese nationality, ruling in favor of 10 Japanese-Filipino children.

     The top court’s grand bench made the landmark decision in two separate cases, filed in 2003 by one such child and in 2005 by a group of nine who were born out of wedlock to Japanese fathers and Filipino mothers and who obtained recognition of the paternity of their fathers after birth.

     After the ruling, the children — boys and girls aged 8 to 14 years who live in areas in eastern and central Japan — and their mothers celebrated in the courtroom by exchanging hugs, with some bursting into tears.

     One of the children, Jeisa Antiquiera, 11, told a press conference after the ruling, ”I want to travel to Hawaii with on Japanese passport.”

     One mother, Rossana Tapiru, 43, said, ”I am so happy that we could prove that society can be changed,” while another said, ”It was truly a long and painful battle.”

     Hironori Kondo, lawyer in one of the two cases, said it is the eighth top court ruling that has found a law unconstitutional in the postwar period and that ”it will have a significant bearing on the situation facing foreign nationals in Japan.”

     Yasuhiro Okuda, law professor at Chuo University who has submitted an opinion on the case to the Supreme Court, said that in the past 20 years tens of thousands of children are estimated to have been born out of wedlock to foreign mothers, citing data by the Health, Labor and Welfare Ministry.

     A majority of the 15 justices including Presiding Justice Niro Shimada on the grand bench ruled the Nationality Law clause goes against the Constitution.

     The justices said in a statement, ”there might have been compelling reasons that the parents’ marriages signify their child’s close ties with Japan at the time of the provision’s establishment in 1984.”

     ”But it cannot be said that the idea necessarily matches current family lifestyles and structures, which have become diversified,” they said.

     In light of the fact that obtaining nationality is essential in order for basic human rights to be guaranteed in Japan, ”the disadvantage created by such discriminatory treatment cannot easily be overlooked,” the justices stated in the document.

     Without nationality, these children face the threat of forced displacement in some cases and are not granted rights to vote when they reach adulthood, according to lawyer Genichi Yamaguchi, who represented the other case.

     Chief Cabinet Secretary Nobutaka Machimura told a press conference following the ruling, ”I believe the government needs to take the verdict seriously, and we will discuss what steps should be taken after examining the ruling carefully.”

     Three justices countered the majority argument, saying it is not reasonable to take into consideration the recent trend in Western countries that have enacted laws authorizing nationality for children outside marriages, on the grounds that the countries’ social situations differ from that in Japan.

     In both of the cases, the Tokyo District Court in its April 2005 and March 2006 rulings granted the children’s claims, determining that the differentiation set by the parents’ marital status is unreasonable and that the Nationality Law’s Article 3 infringes Article 14 of the Constitution, which provides for equality for all.

     Overturning the decisions, however, the Tokyo High Court in February 2006 and February 2007 refused to pronounce on any constitutional decisions, saying it is the duty of the state to decide who is eligible for nationality, not the courts.

     Under Japan’s Nationality Law that determines citizenship based on bloodline, a child born in wedlock to a foreign mother and Japanese father is automatically granted Japanese nationality.

     A child born outside a marriage, however, can only obtain nationality if the father admits paternity while the child is in the mother’s womb. If the father recognizes the child as his only after the child’s birth, the child is unable to receive citizenship unless the parents get married.

     In short, the parents’ marital status determines whether the child with after-birth paternal recognition can obtain nationality.

     Children born to Japanese mothers are automatically granted Japanese nationality, irrespective of the nationality of the father and whether they are married.

==Kyodo  ENDS

JAPAN TIMES EDITORIAL

EDITORIAL

June 6, 2008
Giving children their due

http://search.japantimes.co.jp/cgi-bin/ed20080606a2.html

In a landmark ruling, the Supreme Court on Wednesday declared unconstitutional a Nationality Law clause that denies Japanese nationality to a child born out of wedlock to a foreign woman and Japanese man even if the man recognizes his paternity following the birth.

It thus granted Japanese nationality to 10 children who were born out of wedlock to Filipino women and Japanese men. The ruling deserves praise for clearly stating that the clause violates Article 14 of the Constitution, which guarantees equality under the law. The government should immediately revise the law.

The 12-3 grand bench decision concerned two lawsuits filed by the 10 children aged 8 to 14, all living in Japan. The Tokyo District Court, in two rulings, had found the clause unconstitutional, thus granting Japanese nationality to the children. But the Tokyo High Court had overturned the rulings without addressing the issue of constitutionality.

Under the Nationality Law, a child born to a foreign woman married to a Japanese man automatically becomes a Japanese national. Japanese nationality is also granted to a child of an unmarried foreign woman and Japanese man if the man recognizes his paternity before the child is born. If paternal recognition comes after a child’s birth, however, the child is not eligible for Japanese nationality unless the couple marries.

The law lays emphasis on both bloodline and marriage because they supposedly represent the “close connection” of couples and their children with Japan.

The Supreme Court, however, not only pointed out that some foreign countries are scrapping such discriminatory treatment of children born out of wedlock but also paid attention to social changes. It said that in view of changes in people’s attitude toward, and the diversification of, family life and parent-child relationships, regarding marriage as a sign of the close connection with Japan does not agree with today’s reality.

The ruling is just and reasonable because children who were born and raised in Japan but do not have Japanese nationality are very likely to face disadvantages in Japanese society.

The Japan Times: Friday, June 6, 2008
ENDS

Japan Times 4th JUST BE CAUSE column on “Good Grass Roots” June 3 2008

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「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 Japan

GOOD NEWS FROM GRASS ROOTS
JUST BE CAUSE COLUMN 4
By Arudou Debito
Japan Times June 3, 2008
Draft ten with links to sources.

Courtesy http://search.japantimes.co.jp/cgi-bin/fl20080603ad.html

Reader Rodney in Vancouver recently emailed:  “I’ve often found your articles informative and useful, but they tend to take a tone of complaint.  Please tell us about some face-to-face, grassroots efforts that have helped make Japanese more considerate and respectful of those who are different.”

Thanks.  Yes, my essays sound like “complaints” because I focus on ongoing issues that need redress.  That doesn’t mean I don’t see the good news too.  Here are 700 words to prove that (apologies for leaving out anyone’s favorite topic):

First up, the labor unions (i.e. the ones that let non-Japanese join, even help run).  Their annual Marches in March, for example, have made it clear to the media (and nasty employers like NOVA) that non-Japanese workers are living in and working for Japan–and that they are ready to stand up for themselves, in both collective bargaining and public demonstrations.

These groups have gained the ear of the media and national Diet members, pointing out the legal ambiguity of Trainee Visas, and systematic abuses of imported labor such as virtual slavery and even child labor. For example, Lower House member (and former Prime Ministerial candidate) Taro Kono in 2006 called the entire work visa regime “a swindle”, and opened ministerial debate on revising it.

In the same vein, local NGOs are helping NJ workers learn Japanese and find their way around Japan’s social safety net.  Local governments with high NJ populations have likewise begun multilingual services; Shizuoka Prefecture even abolished their practice of denying Kokumin Hoken health insurance to NJ (on the grounds that NJ weren’t “kokumin”, or citizens).

These governments are holding regular meetings, issuing formal petitions (such as the Hamamatsu and Yokkaichi Sengens) to the national government, recommending they improve NJ education, social insurance, and registration procedures.

Still more NGOs and concerned citizens are petitioning the United Nations.  Special Rapporteur Doudou Diene has thrice visited Japan on their invitation, reporting that racial discrimination here is “deep and profound” and demanding Japan pass laws against it.

Although the government largely ignored Diene’s reports, United Nations representatives did not.  The Human Rights Council frequently referenced them when questioning Japan’s commitment to human rights last May.  That’s how big these issues can get.

More successes from the grassroots:  Separated/divorced NJ parents with no custody (or even access) to their Japanese children have drawn attention to Japan’s unwillingness to abide by international standards against child abduction.  After international media coverage and pressure, Japan announced last month it would finally sign the Hague Convention on Child Abductions by 2010.

Decades of civil disobedience by “Zainichi” Korean Permanent Residents led to the abolition of all NJ fingerprinting in 1999.  Although claims of “terrorism and crime” led to Japan reinstating NJ fingerprinting at points of entry into the country in November, the Zainichis were granted an exception.

Last year, a viciously racist magazine on foreign crime entitled “Gaijin Hanzai” found its way into convenience stores nationwide (Zeit Gist March 20, 2007).  Internet mail campaigns and direct negotiation with store managers occasioned its withdrawal from the market–even helped bankrupt the publisher.

And of course, there is the perennial campaign against “Japanese Only” establishments, which often exclude any customer who doesn’t “look Japanese”.  Following Brazilian Ana Bortz’s 1999 court victory against a Hamamatsu jewelry store, I was one plaintiff in another successful lawsuit (2001-2005) against a public bath.  The Otaru Onsens Case has become, according to law schools, a landmark lawsuit in Postwar Japan.

It’s a long story, but here’s the “face-to-face” for Rodney:  Only one Otaru bathhouse got sued because we went to each one (and a number of others around the country) for long chats.  One owner even became my friend, and, heartsick at what he was doing, took his “no foreigner” signs down.  As did many other places when persuaded politely by us. (More in my book Japanese Only.)

These are the butterflies flapping up a storm, sweeping down barrier after barrier.  Things are indeed getting better in many ways for NJ residents.

And that’s partly because we have shed our “cultural relativism” and “guestism”, pushing more for our due in a society that needs us.

People are listening.  Some steps forward, some back.  But we shall proceed and succeed, as the above examples demonstrate.

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

HANDBOOKcover.jpgArudou Debito is co-author of Handbook For Newcomers, Migrants, and Immigrants to Japan. A version of this essay with links to these issues at www.debito.org/japantimes060308.html

720 words

ENDS

CNN: Narita Customs spike HK passenger’s bag with cannabis

mytest

HANDBOOKsemifinalcover.jpgwelcomesticker.jpgFranca-color.jpg
Hi Blog.  I think this is perhaps the most ridiculous story on Japan I’ve heard this decade.

According to CNN, Narita Customs put a bag of marijuana in some visiting NJ’s bag to test their sniffer dogs.  Then they lose track of it!

Now just imagine if that innocent NJ was later caught with it.  We’re talking Nick Baker (finally sent back to the UK after 6 years in Japanese jail) and other NJ judicial hostages (who can never leave custody or be granted bail until they go through years of slow Japanese jurisprudence, even when judged innocent).

Of course, we make sure we cause meiwaku to none of our tribe (or to ourselves–think serious chances of a lawsuit from a native)–we use the Gaijin as Guinea Pig.  Yokoso Japan!  

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

Customs slip cannabis into passenger’s bag

CNN May 26, 2008 — Updated 1641 GMT (0041 HKT)

http://edition.cnn.com/2008/WORLD/asiapcf/05/26/tokyo.cannabis/index.html?iref=mpstoryview

Courtesy of Chad Edwards

(CNN) — A passenger who landed at Tokyo’s Narita airport over the weekend has ended up with a surprise souvenir courtesy of customs officials — a package of cannabis.

art.jpg Unsuspecting passenger returns cannabis after sniffer dog test botched at Narita 

Sniffer dogs failed to find the cannabis after it had been slipped into a passenger’s bag.

A customs official hid the package in a suitcase belonging to a passenger arriving from Hong Kong as part of an exercise for sniffer dogs on Sunday, Reuters.com reported.

However, staff then lost track of the drugs and suitcase during the exercise, a spokeswoman for Tokyo customs said.

Customs regulations specify that a training suitcase be used for such exercises, but the official had used passengers’ suitcases for similar purposes in the past, domestic media reported.

Tokyo customs has asked anyone who finds the package to return it. 

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

You dumb shits!  Arudou Debito in Sapporo

Terrie’s Take 469: GOJ to sign Hague Convention on Child Abduction by 2010

mytest

HANDBOOKsemifinalcover.jpgwelcomesticker.jpgFranca-color.jpg
Hi Blog. The GOJ recently told the United Nations Human Rights Council that it suddenly has an interest in upholding international treaty against child abductions. Witness:

============================
HUMAN RIGHTS COUNCIL
Working Group on the Universal Periodic Review
Second session, Geneva, 5 – 19 May 2008
A/HRC/WG.6/2/L.10 14 May 2008
DRAFT REPORT OF THE WORKING GROUP ON THE UNIVERSAL PERIODIC REVIEW
Japan
(excerpt)
6. “Responding to various written questions submitted in advance, Japan stated its
willingness to cooperate with Special Rapporteurs, including arranging visits to the country
as time permits. Japan was also studying the relationship between the provisions of the
Optional Protocol to the Convention against Torture protocol and domestic legislation,
including on how the “visits” mentioned in the protocol will be carried out in practice. It
stated that it regards the Hague Convention on the Civil Aspects of International Child
Abduction and the Convention on Jurisdiction, Applicable Law, Recognition, and
Cooperation in respect of Parental Responsibility and Measures for the Protection of
Children as effective tools for children’s rights and welfare, and will continue to study the
possible conclusion of the two conventions by giving due consideration to, inter alia, the
current social system, and the cultural situation of Japan.”

http://www.upr-info.org/IMG/pdf/UPR-_Japan_WG_report__text.pdf

(More excerpts on Debito.org here.)

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

Well, what a nice little article in ABC News and a bit of pressure from a couple of governments won’t do! As witnessed in this nice little roundup in Terrie’s Take from last weekend. Forwarding in its entirety. Bests, Arudou Debito in Sapporo

* * * * * * * * * T E R R I E ‘S T A K E * * * * * * *
A weekly roundup of news & information from Terrie Lloyd.
(
http://www.terrie.com)

General Edition Sunday, May 18, 2008 Issue No. 469 (excerpt)

Two weeks ago, the Japanese government made a notable announcement that may make Japan more compatible with the legal conventions used internationally, and will be of particular benefit to non-Japanese spouses of Japanese. The announcement was that by 2010, Japan would sign the the 1980 Hague Convention on Civil Aspects of International Child Abduction, an international legal construct that attempts to deal with the thorny issue of court jurisdiction when children of international marriages are moved cross-border, often by a parent trying to thwart a court ruling in the previous jurisdiction.

Currently, Japan is known as a haven for disaffected Japanese spouses who, in getting divorced, abscond with their kids back to Japan. Once in Japan they can dare their foreign spouses to try getting the kids back — something that despite around 13,000 international divorces a year in Japan and more overseas, has NEVER happened.

The reason for this astounding statistic, that of zero repatriations of abducted children from international marriages after the kids have been abducted to Japan, is entirely to do with the attitudes of the Japanese judiciary and their wish to maintain 19th Century customs in the face of international pressure. Japan has ratified many parts of the Hague Convention treaties over the years, but in terms of repatriation of kids, they have been claiming for 20 years now to be “studying” the issue. That’s Japan-speak for “we’re not interested in making any changes”.

Our guess is that the recent announcement occurred after pressure from the USA and Canada, in particular. Things started to come to a head about 5 years ago, when fed up by repeating occurences of child abductions from both of those countries, and despite court decisions there for custody to go to the local parent, the consular staff of a number of these foreign embassies started holding annual summits to discuss the problem. These discussions escalated to pressure on foreign governmental agencies and politicians in some of Japan’s biggest trading partners — and finally someone spoke to the Japanese government at a sufficiently high enough level to get their attention.

The subject became especially sensitive when the Japanese were at the peak of their indignation over the North Korean abductions of Japanese citizens several years ago, and were seeking international support. All the while, Japanese law allowed similar types of abductions here.

In case you’re not up on the state of play, there were 44,000 international marriages registered in Japan in 2006, and probably a good percentage of that number again of Japanese marrying overseas but not bothering to register back in Japan. The divorce rate within Japan is about 30%, and for Japanese living overseas (take the US as an example), it is typical of the local population, so more like 50%-60%. Thus there are a lot of international separations — many of which are not amicable.

But it’s when the kids are involved that things start getting really nasty. Usually in the case of a divorced international couple going to court overseas and after custody is awarded, if one of the parents fears a possible adbuction situation, the couple can be placed under a restraining order not to travel without the other spouse’s consent. The USA, Canada, Australia, and UK all do this. The kids’ passports will often be withheld as well. Unfortunately, there have been a number of cases where the Japanese spouse then “loses” the kids Japanese passports and applies to the local consulate for replacements — only to hop a flight back to Tokyo a few hours later, with the kids in tow.

Once in Japan, the jurisdiction suddenly falls to the Japanese courts, even if there is a foreign arrest warrant out for the absconding partner, and in several cases, even if there is an Interpol arrest warrant out. In Japan, there is no concept of joint custody, and the partner allowed to keep the kids is the one that has held them for the previous few months.

The courts’ opinion here is that kids need a stable environment, and the act of being the only guardian for a period of time, even if that guardian was in hiding, qualifies for this — unless the kids are under 5 years old, in which case they will typically be returned to the mother (if the father is the abscondee), or to the father if the mother has deceased. But not always. There are cases where the Japanese mother has died and the Japanese grandparents have kept the kids, instead of returning them to the foreign father. You can read more about this sad state of affairs at http://www.crnjapan.com/en/.

You won’t believe that this kind of thing is still going on in a first-world country like Japan in the 21st century.

The Japanese court attitude thereby encourages Japanese spouses wanting to hang on to their kids to hightail it back to Japan and lie low for 6 months. Currently there has been no case, even after the Japanese Supreme Court has awarded rightful custody to the foreign parent, where that aggrieved foreign parent has been able to go get their kids back. The reason is quite simply that Japan doesn’t have a mechanism for properly enforcing civil suit judgments, and typically a breach of an order in a civil suit does not result in the offender being subject to a subsequent criminal suit.

Thus, the Hague Convention on child abduction provides a mechanism whereby if children are illegally removed from their country of habitual residence, they must be returned, and the jurisdiction for subsequent court decisions is taken out of the hands of the Japanese courts. This is the first step in making international court rulings involving kids, stick.

We believe that this is going to be a long and slow process, but once the treaty is signed and the first few cases start to be heard, either the kids involved will be returned or the parent trying to hang on to them will create an international brouhaha that will highlight to the world the lack of protection of rights for international parents here in Japan. Who knows, maybe this will start another process — that of allowing foreigners actually residing within Japan to also regain the simple right of access to their children after a divorce.

But in reality we think this level of change will take several more generations and a lot more foreigners living in Japan to achieve…
ENDS

Anonymous on job-market barriers to NJ graduates of J universities: The “IQ Test”

mytest

HANDBOOKsemifinalcover.jpgwelcomesticker.jpgFranca-color.jpg
Hi Blog. Feedback from a reader about prospects of finding work in Japan as a NJ despite graduation from a J university. According to the author, barriers are put up at the entry level all over again to prefer native candidates–or at least how they get tested by IQ. Read on:

======================
Hello Debito. I am a reader of your blog since I came to Japan the second time in September 2006. I am a Master’s student at [an extremely prestigious Japanese university] and do research on “national identity” in Japan. That is why I was interested in your homepage in the first place.

But now I feel discriminated the first time and wanted to ask you for some advice.

I started searching for a job in Japan because I will graduate next year but I want to stay in Japan. I started as early as the japanese students, visited countless fairs and setsumeikai, and bought all the expensive books on business fields, tests and self analysis. In short – I didn’t do anything wrong. But now all my J friends have a job contract and I still don’t what is extremely frustrating. Because I put more effort into it then most of them and I don’t think I am less smart, but still I did not get even one serious offer.

The reason for this is a stupid old fashioned IQ test like test which is quite the same at each company. It is not so difficult but the time limit for each problem is very strict, which is a major disadvantage for NJ graduates. Once I did the test in English at ONE out of 35 companies which provided the same test in English for NJ applicantsand passed easily, although English is NOT my mother language. I am German.

(I failed at the second interview though. Partly because I was inexperienced and nervous. It was my first and last opportunity for an interview)

I think this test is extremely unfair against all NJ, because it needs far much more preparation than for J students to master it and even then you have less chances to pass. In other words, even with the best preparation it’s a gamble.

It would be much better for the students (and the companies who waste talent) to provide the test in English and add an extra test for the Japanese abilities of NJ students. The English test for the J students is quite meaningless because its far too easy (I finished it 10 min. before the time was over and had everything right). But it is not enough to compensate the lack of speed reading skills in Japanese which need 12+ years of J education system.

I think if Japan wants to keep the students who studied here and want to contribute something to Japan’s society they should think these recruiting practices over, or they will loose well educated brain power in a world wide competition.

Anonymous (who is serously thinking about going to the US or back to Europe…)
======================

COMMENT: When I got my first non-Eikaiwa job in Japan (back in 1989), I too had to take an IQ test–the same one meted out to regular entrants, and in Japanese. Well, I failed–after only a couple of years of classroom and street study, my Japanese wasn’t good enough yet. So the boss administered other tests, such as having me read the newspaper aloud etc, making it a language test. Up to that point, I had been trained more in Japanese the Spoken Language (Eleanor Jorden’s text), not written, so I didn’t do well enough for him again. He was about to deny me the job when I did what I do best–talk persuasively in Japanese. I convinced him the test wasn’t representative of my real abilities nor would it reflect accurately upon what I could do for his company. I passed that test, as I got hired, and from that point on became much better in Japanese working for a year at an intern in a software company. But this was Bubble Japan (and companies were looking for ways to “internationalize” themselves; plus I took a big pay cut), and I clearly got far more rope to explain my way into a job than the above author, who has far more ability and experience (and a degree from a world-class Japanese university) yet got stopped for lack of “measurable IQ”.

This is an issue that deserves attention, so others with experience should feel welcome to comment. For in the poster’s view (and mine), these sorts of barriers only hurt Japan when educated candidates want to stay and contribute. Arudou Debito in Sapporo

Japan Today: Shinjuku cops rough up Singaporean women during “passport check”

mytest

HANDBOOKsemifinalcover.jpgwelcomesticker.jpgFranca-color.jpg
Hi Blog. Glad to see Japan Today giving an audience to these things. I keep receiving emails from others who say the same thing is happening to them. More G8 cop crackdowns on “suspicious foreigners”? Debito in Miyazaki

=========================================
Roughed up by the cops in Shinjuku
By Yvonne Lee
Japan Today Commentary, date unclear, but accessed April 25, 2008
http://www.japantoday.com/category/commentary/view/roughed-up-by-the-cops-in-shinjuku
Courtesy Dave Spector

On April 18, my friend and fellow Singaporean, Joyce Tok Mui Ling, and I were outside Shinjuku station, specifically right outside the Toei-Oedo line entrance (where the train ticket gantries are), around 11:30 p.m., when we were stopped by two Japanese men, dressed both in blue shirts who flashed a badge at us that said “Police” and who repeatedly said “Passport” to us.

Doubting the authenticity of these supposedly plainclothes “Police,” we tried to ask them if they spoke English and we tried to walk to the nearby train control station which was about 10 steps away from where we standing to ensure that these suspicious men were not posing as officers.

As we took a step away, one of these “officers” grabbed my friend by the arm and tried to walk her away. She tried to get him to take his hands off and so did I. We repeatedly told them to take their hands off her, and when I tried to take the man’s hands off my friend, the other “officer” grabbed me and tried to lead me away.

Feeling quite threatened at this point, I started shouting at them to let go, and there was a mild tussle between us, as we had to repeatedly get them to let go of both of us. We literally had to drag and shout ourselves over to the station control where I asked the station control officer whether they spoke English and whether they could help us because these two men were trying to grab us.

The station officer looked confused and the two “police officers” started their spew of Japanese at us. One of the “police officers” once again grabbed me by both hands and tried to drag me into the station control room and I physically refused and asked them for the umpteenth time what they wanted. They kept asking for “Passport” and when i asked WHY, they simply repeated clearly the only English word they knew—“Passport.”

I asked one of the “police officers” to get on the phone and get someone who DOES speak the English language to speak to me, at which point my friend said just show them the passport. I then opened my bag and showed them my passport while asking them “Do you read English? My passport is in English, if you can’t even read it, why are you bothering to look at it?”

One of the “police officers” saw my passport, then asked me for my visa. I informed him that as a Singaporean, I did not need a visa to enter Japan. All of a sudden, their attitudes changed and I heard one word I did understand—“Arigato.”

The ridiculousness of the situation really hit me; these men who just man-handled us, were thanking us?? And before I could ask them for their police badges again to note their numbers down, they disappeared. My friend did catch the name of one officer: “Yamashita.”

We have no idea even now what the whole incident was about. We would like to know and more importantly, we would really like some form of apology for the way we were physically handled. This incident was extremely disturbing and I cannot believe that the Japanese police acted so aggressively, like thugs in such a public area, without any ability whatsoever to explain themselves.

It has marred the image of Japan for both of us, and for all I read about the polite and courteous culture of Japanese, we are now left to wonder if that only applies to non-governmental situations.

A few burning questions that arose from this incident:
1) Are these police officers authorized to request our passports as they wish?
2) Under what circumstances can these officers exercise this authority?
3) Without any resistance in any way from us, other than just asking why they require our passports and trying to walk to the station control, where we feel safer, are they allowed to use physical restraint?
4) Are these male officers allowed to use physical restraint on females like us? Should they not have waited for a female officer?
5) In such a predominantly tourist area like Shinjuku, where these officers are checking for foreign passports, should they not have received some form of language training so that they can explain why they need to see my passport? I do not believe that expecting them to be achieve a basic level of communication skills in the English language which is spoken in most of the rest of the world is unreasonable in anyway. What kind of training DO these officers receive?
6) What in the world did my friend and I do that warranted the passport check and the physical restraint?

Editor’s note: This commentary was submitted by the writer. Japan Today contacted the Shinjuku police but a spokesperson declined to comment on the incident.

Potential Olympic torch problems in Nagano? All the more reason to target NJ!

mytest

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Hi Blog. Worried about protests and problems regarding carrying the Olympic torch in Nagano? All the more reason to target NJ! Of course, Japanese never protest… Debito

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

Nagano hotel association told to check foreign guest IDs ahead of torch relay
Kyodo News/Japan Today Wednesday 23rd April, 05:47 AM JST
http://www.japantoday.com/category/national/view/nagano-hotel-association-told-to-check-foreign-guest-ids-ahead-of-torch-relay
Courtesy of Dave Spector and MS

NAGANO —The association of hotels and Japanese inns in the city of Nagano has requested that its members fully check the identifications of their foreign guests prior to the Beijing Olympic torch relay on Saturday as part of efforts to counter suspicious individuals, local officials said Tuesday.

In a notification issued on April 11, the association urged members to thoroughly check the passports of foreign visitors while recording whether they are cooperative, the officials said. It also called for ensuring the safety of guests when the torch relay passes in front of each facility, they said. A 57-year-old manager of a Japanese-style inn said, ‘‘While we are checking identification of our guests on a routine basis, we are worried, to be honest, about all of the reservations, which include some names of foreigners.’’
ENDS

Tokyo Police apparently drop case of Peter Barakan’s assault

mytest

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Continuing along the thread of problems with Japan’s judiciary…

I reported some last December about NJ TV tarento Peter Barakan being assaulted before one of his speeches–where he and some of his hosts were sprayed with mace in a premeditated assault: the assailant even had a harder-to-trace rental car readied for a quick getaway.

Details on that case archived here:
http://www.debito.org/?p=830

Well, guess what. The police found the car. They found the mace. They even found someone in the car. But they let him go, after one of the people assaulted couldn’t identify him with “100% certainty”. It didn’t even become a case of detaining him for one of those 23-day interrogations until he confessed.

I guess that means the cops feel that the crime against Peter Barakan is solved, or at least feel justified in dropping the case. Because according to Peter yesterday, there has been no movement or contact since from the police.

“The police have done absolutely zilch,” he said. He tries to be open-minded about it by saying it’s his fault for not filing a complaint. But he shouldn’t have to. The police should be further investigating this as an assault like any other.

But why bother? Famous or not, high-profile or not, it’s only a foreigner.

You might think I’m exaggerating, but this is just another case to add to the collection of assault against NJ that doesn’t get followed up, while if a NJ were to commit a crime against a Japanese, I bet the investigation of the suspect would have been much more thorough. Leniency towards Japanese suspects in crimes against NJ does seem to happen.

I’m trying to accept the caveat that nationality doesn’t matter in these cases. But it really is getting more and more difficult the more cases I see. Arudou Debito in Sapporo

======================
FURTHER READING: If it’s a foreigner allegedly committing a crime against Japanese (as in the Idubor Case), the police go after it even if there is no physical evidence. If a Japanese commits a crime against a foreigner, it’s either not pursued (see the Valentine Case, for the time being) or handled with different standards (see the Lucie Blackman Case).
ENDS

Filipina allegedly killed by J man, one let out of jail despite killing another Filipina in past

mytest

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Hi Blog. Now here’s where Japan’s judiciary gets really astounding.

We have (insufficient) news reports about a case earlier this month of a Filipina suspected of being killed by a Japanese man, and having her body parts stowed in a locker in Hamamatsu Station (yes, the one with the Monorail; how many times have I walked past that spot?).

Then it turns out this guy, Nozaki Hiroshi, had killed a Filipina some years before, and apparently tried to flush her body parts down a toilet.

For that previous crime, Nozaki was convicted, but only sentenced to three years plus. It wasn’t even judged a murder. And he got out allegedly to kill again.

Oddly enough, Nozaki’s jail sentence was only a bit more than Nigerian citizen Mr Idubor’s, and Idubor’s conviction was for alleged rape, not murder. Yet Nozaki was apparently caught red-handed, while there was no physical evidence and discrepant testimony in Idubor’s Case. Ironically, that means that under these judicial litmus tests, the women involved could have been killed and it would have made no difference in the sentencing. That is, if you’re a Japanese criminal victimizing a foreigner, it seems. It’s getting harder to argue that the J judiciary is color-blind towards judging criminals and victims.

Sorry, I’ve seen a lot of funny things come out of this judicial system. But I’m having a lot of trouble wrapping my head around this one.

Sources follow. Arudou Debito in Sapporo

===================================
Murder suspect hid body parts in locker
Kyodo News/The Japan Times: Tuesday, April 8, 2008
http://search.japantimes.co.jp/cgi-bin/nn20080408a3.html
Courtesy of notnotchris and Red at Stippy.com

A man suspected of dismembering the body of a Filipino bar hostess in a high-rise Tokyo apartment last week was arrested Monday after he attempted suicide in Saitama Prefecture, police said.

Hiroshi Nozaki, 48, slashed his wrist Sunday evening on a road in Kawaguchi and dialed 119 himself, the police said. In the ambulance on the way to a hospital, he handed a memo to rescue workers indicating where the remaining body parts of Kamiosawa Honiefaith Ratila, 22, were hidden, the police said.

His injury was not life-threatening, they said.

Based on the memo, officers found some 10 body parts, including a piece of the woman’s chest, in a coin locker at the World Trade Center in Hamamatsucho, Tokyo, the police said.

The pieces were packed in a large suitcase, but the head was still missing, the police said.

Nozaki was arrested on suspicion of mutilating a corpse. The police plan to add a murder charge. He has refused to talk to investigators, they said.

According to sources, Nozaki committed a similar crime in 2000. He was convicted and served a prison term for dismembering a 27-year-old Filipino woman he was dating, they said. He was not charged with murder due to lack of evidence.

In Thursday’s incident, a paper bag containing a severed body part of the bar hostess was found in her high-rise apartment in the Odaiba waterfront area in Minato Ward.

The bag contained a 30-sq.-cm piece of human flesh from Ratila’s waist, which was apparently severed by a knife. A blood-soaked futon was found in the kitchen, the police said.

The apartment was shared by Nozaki, Ratila and two other Filipino women who work at the same bar in the Roppongi entertainment district, according to the police.

Although they initially believed Nozaki was employed by the bar to keep tabs on the hostesses, he is unemployed.

Ratila failed to report to work Thursday night, so a roommate went to look for her.

When she got to the apartment she encountered Nozaki carrying a severed body part. She fled to a nearby police box, but he was gone by the time police arrived.

The Japan Times: Tuesday, April 8, 2008
===================================

Eye-opening roundup of the case and media sources by Red at Stippy.com. See photos and video there. Excerpting text:
===================================

What would have happened if she was an American?
Red on Apr 10 2008 at 12:25 am | Filed under: Japan: News and Media
http://www.stippy.com/japan-news-and-media/chopped-up-filipina-body-found-in-tokyo-coin-locker/

PHOTO: Kamiosawa: Murdered and Chopped Up in Tokyo

How many of you have been following the attempted suicide of Hiroshi Nozaki (野崎浩) on April 6? I’m guessing not that many of you, because for some reason it’s not really receiving that much air time on Japanese TV. Nozaki’s suicide is particularly controversial because after calling an ambulance he gave instructions to the doctor to search in a coin locker at the Hamamatsucho Station (浜松町駅) next to the World Trade Center Building. Inside the locker was a suitcase filled with 10 chopped up body parts of a 22 year old Filipina woman, Honiefaith Ratilla Kamiosawa. As foreigners in Japan, there is more to this story than the Japanese media make out. How much different would this situation be if she were say, American? Or perhaps if she was a Japanese national, and the killer was an African American?

In case you haven’t seen the news let me give you a very brief rundown on what appears to have happened:

PHOTO: Hiroshi Nozaki – Cut up Pinay into Pieces

Nozaki shared an apartment in Odaiba with the woman and 2 of her cousins. It seems that the 3 women all worked at the same hostess club in Roppongi.

Nozaki was a regular patron of Kamiosawa’s establishment, and he was hooked on Filipino women. He offered to pay half of Kamiosawa’s rent, on the condition that he could move in with her. She accepted.
Kamiosawa and Nozaki got in to a fight after Nozaki failed to pay his share of the rent. The police believe that Nozaki murdered Kamiosawa on April 3.

After killing Kamiosawa, Nozaki carved her body up in their bath and tried to hide the cause of death by washing her in their washing machine.

Three days later, Nozaki supposedly attempted to commit suicide by slitting his wrists (hmmm) but then called an ambulance for help (hmmm) . That’s a sure fire way of ensuring that you don’t die.

VIDEO: This video is a sample nonchalant media coverage that this case got on Japanese TV (Japanese language). The last line in the story regarding the washing machine trick is particularly interesting. Translation: “It is thought that Nozaki washed the parts of the body in a washing machine before putting them in a suitcase. The police are thinking about whether to charge him with Murder also”.

This alone is a pretty horrific story. But I ask you, Why isn’t this a bigger issue? Why isn’t it getting more press? Why is it that the life of a Filipino is deemed to be so worthless? Would it have been any different if she was an American? Of course it would have. It would be a high profile international crime case. President Bush would be knocking on Fukuda’s door. I know that Japan is an important country for the Philippines but come on? Where is the power of your politicians? Why aren’t they making a bigger issue of this? The future of the Philippines rides on the success of its overseas workers, it can’t afford to allow Japan to get away with something like this? Has anybody seen any comments from the Embassy?

PHOTO: Coin Lockers at the Tokyo Monorail; Hamamatsucho Station where the body was found

What makes it even worse, is that it is not the first time that this has happened. In fact it is not even the first time that this man has carved up a pinay! I can hear your jaw dropping and hitting the floor right now. Nozaki was arrested and sentenced in 2000 for three and a half years jail for carving up the body of another 27 year old Filipina girl that he was living with at the time. After hacking up her body, he flushed it down the toilet of a park in Yokohama!

This raises a few more questions. Why on earth was he only given a 3.5 year jail sentence? You’re never going to believe this, but apparently he wasn’t found guilty of murder at all. He was “only” found guilty of “mutilating and abandoning of a dead body” (死体損壊・遺棄). At the time he claimed that when he woke up she was lying dead beside him. Well, I guess that explains why he then cut her up into pieces doesn’t it. The investigation into the death of the 27 year old is still unsolved. This is wrong in so many ways (unless of course, Nozaki genuinely couldn’t pay for the funeral of the sexy young lady who died of natural causes in bed next to him – in which case chopping her up and disposing of her in a more unorthodox, though frugal way would have of course been the only option…)

How do you decide that three and a half years is an appropriate term for the “mutilating and abandoning of a dead body”?

Why isn’t it obvious that a man who was overheard fighting with a Filipina dancer and then caught flushing her body down a park toilet killed her, too?

Why does Japan allow such sickos to go back out into society?

Why would this story have been so different if either of the girls were American?

Perhaps even more provoking yet, why would this story have been so different if the murderer was an American? (Or even if the girl was British!)
ENDS

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

Tabloid Tidbits: Clumsy cop the link between mutilated Filipina, slain stalker victim
Nikkan Gendai (4/10/08) Courtesy of Mainichi Waiwai
http://mdn.mainichi.jp/culture/waiwai/news/20080412p2g00m0dm004000c.html

There’s a link between the arrest of habitual Filipina mutilator Hiroshi Nozaki and one of Japan’s most notorious crimes ever — the slaying of a Saitama Prefecture woman who was ignored by the cops when she complained about being stalked, according to Nikkan Gendai (4/10).

The link is Hiroshi Nishimura, who was head of the Saitama Prefectural Police in October 1999 when the stalker slaying occurred, and the now-62-year-old former top cop was lambasted by the public for his appalling mishandling of the case.

But at the same time, the same force that Nishimura headed had also arrested Nozaki for chopping up the body of another Filipina, but stuffed up that investigation so badly he was never charged with that woman’s murder.

The stalker slaying created public outcry. A young woman filed a criminal complaint to the Saitama Prefectural Police’s Ageo Police Station, saying that she was being stalked by a man threatening her with violence. Police did nothing about the case and the man she had been accusing stabbed her to death in broad daylight on the streets of Okegawa, Saitama Prefecture. Ageo cops later forged paperwork in an effort to appear a little less lax, but eventually several police were punished for their poor handling of the case, including Nishimura.

While all this was going on, Nishimura’s cops had Nozaki in their custody.

“In September 1999, he was charged with embezzlement for not returning a car he had rented. During his trial in January 2000, he said that he had mutilated a Filipina’s body in Soka, Saitama Prefecture, so he was arrested for mutilation of a corpse,” a Saitama Prefectural Police insider tells Nikkan Gendai. “Just like this case, Nozaki cut up the body in an apartment and dumped the parts in a public toilet in a park. The Saitama police tried to pin a murder charge on Nozaki, but they couldn’t find any evidence to pin him to the case and he refused to talk. He wasn’t even charged for the murder.”

Eventually, Nozaki was released from jail after serving just three years behind bars. He’s back in confinement now, having been arrested Monday, accused of chopping up the body of 22-year-old nightclub hostess Honiefith Ratilla Kamiosawa.

Nishimura, meanwhile, quickly bounced back from his tumultuous time at the head of the Saitama Prefectural Police. He was eventually transferred to Kyushu before he retired in September 2003 and landed a cushy job as the president of a security company based in Fukuoka.

“It’s the biggest security company in western Japan, with annual earnings of about 19 billion yen,” the Saitama police insider says.

Considering he let Nozaki go, perhaps Nishimura would like to comment on the current case.

“I don’t really know much about it,” he tells the lowbrow afternoon tabloid in a statement released through his company.

Ironic, Nikkan Gendai muses, considering his reply when asked for a comment about the stalker slaying not long after it happened.

“We haven’t got the investigation documents,” Nikkan Gendai quotes Nishimura saying at the time, “So I don’t really know much about it.” (By Ryann Connell)
ENDS
================================

死体損壊:女性切断の疑いで同居の男を逮捕 東京・台場
毎日新聞 2008年4月7日 11時37分(最終更新 4月7日 14時45分)
http://mainichi.jp/select/jiken/news/20080407k0000e040041000c.html

遺体の一部が見つかったコインロッカー(右)=東京都港区浜松町で2008年4月7日午前11時47分、石井諭撮影

 東京都港区台場のマンションの一室で、腰の部分とみられる肉片などが見つかった事件で、警視庁捜査1課は7日、この部屋に住む職業不詳の野崎浩容疑者(48)を死体損壊容疑で逮捕し、東京湾岸署に捜査本部を設置した。また、被害者は同居のフィリピン国籍の女性で、東京・六本木の飲食店店員、カミオオサワ・ハニーフィット・ラティリアさん(22)と判明した。

 野崎容疑者は、交際していたフィリピン人女性(当時27歳)の遺体を99年春ごろ切断したとして00年1月に埼玉県警に死体損壊・遺棄容疑で逮捕され、懲役3年6月の実刑判決を受け、服役している。

 調べでは、野崎容疑者は3日夜、この部屋でラティリアさんの遺体を刃物などで切断、解体した疑い。「黙秘します」と供述している。捜査本部は、ラティリアさんを殺害した疑いでも追及する。

 野崎容疑者は6日夜、埼玉県川口市内の路上で手首を切り自殺を図り、自ら119番通報した。その際、持っていたメモに基づき、東京都港区浜松町2のビル2階のコインロッカーを捜索したところ、7日未明、スーツケースに入った胸などの肉片十数個が見つかった。

 部屋の肉片はDNA鑑定でラティリアさんと判明、ロッカーの肉片もラティリアさんとみて調べる。捜査本部は頭部など見つかっていない遺体の捜索を続ける。野崎容疑者とラティリアさんは、ラティリアさんと同じ店に勤めるフィリピン人女性2人と同居していた。【川上晃弘、佐々木洋、古関俊樹】

OFFICIAL TRANSLATION OF THE ABOVE JAPANESE

Man arrested for mutilation of Filipina hostess
(Mainichi Japan) April 7, 2008
http://mdn.mainichi.jp/national/archive/news/2008/04/07/20080407p2a00m0na026000c.html

A Japanese man who became the prime suspect in the murder of his Filipina hostess roommate was arrested Monday for mutilating her body, police said.

Hiroshi Nozaki, 48, a resident of Tokyo’s Minato-ku and of unknown occupation, was arrested for the desecration of the body of his 22-year-old nightclub hostess roommate Honiefith Ratilla Kamiosawa.

Nozaki, who has served time for mutilating a Filipina he once dated almost a decade ago, is exercising his right to remain silent while being investigated in a criminal case.

Police said Nozaki dismembered Ratilla’s body and chopped it up into little parts on or around the night of April 3.

Police said Nozaki attempted suicide on Sunday night in Kawaguchi, Saitama Prefecture, slashing his wrists, but later called for an ambulance when he didn’t die. Based on notes he had with him at the time, police went to a coin locker in the World Trade Center building in Minato-ku, where early Monday they found a suitcase containing several body parts.

DNA testing has confirmed human remains found in Nozaki’s apartment belonged to Ratilla and the parts found in the locker are also believed to be hers. The woman’s dismembered head has not been found and investigators continue searching for it.

Nozaki and Ratilla shared an apartment with two other Filipinas.

In January 2000, Nozaki was arrested for the illegal disposal in about spring 1999 of the body of a 27-year-old Filipina he had been dating. He was later convicted and served time in prison for the offense.
ENDS

在日韓国・朝鮮人高齢者の年金訴訟を支える会: 4月25日判決傍聴と呼びかけ

mytest

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Hi Blog. Court decision due April 25 on elderly Korean Zainichis being denied their Japanese nenkin pension contributions due to being foreign. Details below FYI. Arudou Debito

===================================
Subject: 4月25日判決傍聴と呼びかけご協力のお願い
Date: April 17, 2008 9:42:55 AM JST

お疲れ様です。
在日韓国・朝鮮人高齢者の年金訴訟を支える会の鄭明愛です。
いつも、貴重な情報をありがとうございます。
この場をお借りしまして、ご案内させていただきます。

在日韓国・朝鮮人高齢者の年金訴訟の大阪控訴審が判決を迎えます。
4月25日(金)15時30分〜大阪高等裁判所202号法廷で、
終了後、16時〜大阪弁護士会館で報告集会を行います。

1月18日の第3回控訴審で、
原告側代理人の発言にも耳をかさず、裁判官の暴挙とも言える、
いきなりの結審、そして判決を通告しました。

大阪高裁裁判長のスピード結審、
昨年12月25日の在日無年金障害者の年金訴訟の最高裁の不当判決、
それに続く、大阪地裁提訴の高齢者年金訴訟の上告受理せずの通知

合わせると、言いたくありませんが、
不当判決の可能性です。
大阪高裁、そして、その後の大阪弁護士会館での報告集会で
ぜひとも、抗議の声をあげていただきたいと思っております。

傍聴、抗議の声、報告集会での応援の声をいただきたいと思っております。
ご参加くださいますようお願い申し上げます。

ご参加いただけます方は、
15時に大阪高等裁判所門前に集合してください。
15時15分には、横断幕を持って行進して裁判所へ入場します。

原告のオモニは、五名おられますが、
90歳のオモニは腰を骨折されて入院され、
87歳のオモニは裁判に関わるには体の負担が大きく無理で、
80歳のオモニはお仕事で参加できなくて、
このたびは、原告団長の玄順任オモニと高五生オモニがチョゴリを着て
参加してくださる予定です。

在日一世の方々は、何の補償もなく、また保障もないまま、
ずっと働いてこられ、私たちを育ててくださり、生活の基盤を築いてくださった一世の方々、
苦労されたオモニたちが、また、今、私たちの代わりに、日本社会の差別を是正するために、闘ってくださってます。
玄順任オモニの言葉、
「私が言いたいことは一つだけです。
戦前は「非国民」としてなじられ、戦後は「外国人」として排除され、そんなことってありますか。」
原告五名は、「死ぬまで、最後まで闘う」
とおっしゃってくださってます。
ぜひとも、応援の声をおかけくださいますようお願いいたします。
また、お知り合いの皆様へ傍聴の呼びかけのご協力をお願いいたします。

追伸
4月25日15時30分大阪控訴審判決を迎えますが、
何とか政治的決着をつける道筋を作りたいと思います。
今年、おそらく国会が解散総選挙をした後に、国会請願署名の提出と厚労省交渉に行きます。
また、10月には、国連の自由権規約委員会が開催されますので、
障害者年金の原告団長、金洙榮さんがジュネーヴに行って日本政府と日本裁判所の差別を報告する予定です。

鄭明愛

***************
在日外国人「障害者」の年金訴訟を支える会
在日韓国・朝鮮人高齢者の年金裁判を支える会京都

〒601-8022京都市南区東九条北松ノ木町12エルファ内
電話075-693-2550
FAX075-693-2555
携帯090-6753-6993
e-mail lfa AT h7.dion.ne.jp
エルファ http://www.h2.dion.ne.jp/~lfa/
在日外国人「障害者」の年金訴訟を支える会
http://munenkin.hp.infoseek.co.jp/
在日韓国・朝鮮人高齢者の年金裁判を支える会・大阪高裁判決4月25日15時〜
http://zainichi-nenkin.hp.infoseek.co.jp/
ENDS

Hiragana Times July 2006 on NJ police brutality by Osaka cops

mytest

HANDBOOKsemifinalcover.jpgwelcomesticker.jpgFranca-color.jpg

Hi Blog. Another in the ongoing series re Japan’s judiciary. Retyping from document, sorry for any typos. Only time enough to render English version for now. (And yes, the comma-less sentences, poor syntax, and mediocre writing are in the original; no wonder many Japanese find English hard to read!). Arudou Debito in Sapporo

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

SPEAK OUT!
GUILTY UNTIL PROVEN INNOCENT?
Hiragana Times July 2006, No. 237, pages 25-27
Courtesy of James

At about 2AM on March 1, 2006, James, an American living and working as an English language teacher and his Japanese wife Sachiko were outside on the street near their apartment building in Osaka. That night Sachiko had been out having dinner with her former co-workers. When she arrived home, she thought James was asleep and went out again to go to the corner convenience store to buy some food. James followed her outside as he was aware that that part of Osaka wasn’t safe late at night.

While Sachiko was telling James where she was going, approximately six policemen arrived in two police cars, and two more police were on foot running towards them. “So a total of eight police suddenly surrounded us,” James recalled.

The couple produced proof of their identities. “I immediately began to explain that this was our residence and that I was Sachiko’s husband. The police completely ignored them [sic], and did not listen or care at all,” James said.

James says he believes the large height difference between them (he has a large build and is 6’3″) added to the fact that they were new to the neighborhood and were speaking in English at such an early hour was bound to catch attention, and his assumption is that someone called the police.

James points out that he had not been drinking or arguing and was not acting in a loud or noisy manner. “I never provoked the police at any time,” he says. “I was calm and polite to them. I was never disrepectful to htem.” James was then forced into a police car and the couple were taken to the “T” police station.

The police refused his request for an English interpreter. “They attacked me and were beating, hitting, and kicking me all over my body. They rammed my head into concrete wall, kicked my back, and punched my neck and head area numerous times. Two of them then held me against the wall, while another one began choking my neck with my own necktie. I screamed for help.”

“I THOUGHT THEY WERE GOING TO KILL ME”

“They all threw me down hard on the floor, and then ordered me to get up and sit on a chair. I was already in great pain all over my body. I held up my hand and said, ‘please help me stand up.’ One of the policemen was just shaking and spitting at me like a crazy person. He became angrier and then he pulled me up by the hair. He then began to hit the back of my head with his fist again. He kept on repeating ‘this is Japanese police system,’ at the same time he was yelling and laughing at me. I gave up all hope. I thought that they were going to kill me. Everything around me became black, I vomited and felt nausea, experienced double-vision, and coughed up blood. I cried for a doctor and a hospital, but they refused my emergency request.”

Did the couple receive an explanation as to why they had been taken into custody? “Sachiko was told that this was just the Japanese police system,” James says. “My wife and I both tried to explain, but they ignored our explanations. This is Japan, and here you are a suspect for the simple fact that you are a non-Japanese. And you are guilty until proven innocent. They can even hold you for three days without even letting you call a lawyer, and they can also lock you up for 23 days without even charging you with a crime.”

APPARENT PATTERN OF ABUSE

James says he still experiences trauma and nightmares due to the attack and has been unable to return to work due to the injuries he received. He also made a point of obtaining a doctor’s medical certificate the day after the ordeal.

To try to redress the situation, the couple has reported the events to the American Consulate, Amnesty International, the United Nations and the Osaka Prefectural Government’s Human Rights department, all of which are monitoring and investigating the case. “It has also been exposed that the same ‘T’ police station has been investigated for similar human righs abuse and violence towards other non-Japanese citizens in the past.’ James says.

James says he asked for the policemen’s names and police ID badge numbers, but they all refused to tell him. “They never even apologized to me, told me my rights, what I was charged with, and they finally never even arrested me. And yet they forcefully detained me and beat me for three hours. They simply tossed us out of the police station at about 5AM. I have been told by numerous organizations that this is a clear violation of the penal code Articles 194 and 195.”

JUSTIFICATION FOR IMMEDIATE ARREST?

James assumes and has been informed by the Osaka Bar Lawyers Assocation that the police were planning that he would retaliate or use violence so that they would then have an excuse and justification to immediately arrest. “I never resisted or did anything to justify their violence. I was a victim of police brutality,” he says.

James believes Japanese police have too much power, and points out that there is really no way to file a complaint within the police department, since they have no internal affairs sections. “So they are judge and juror, and know no one is watching their action, so they are free to do whatever they feel like.”

ARTICLE ENDS

無罪でも延々勾留 スイス人に裁判長「お気の毒」…また無罪

mytest

無罪でも延々勾留 スイス人に裁判長「お気の毒」…また無罪
2008年04月09日22時38分
http://www.asahi.com/national/update/0409/TKY200804090374.html

 覚せい剤取締法違反などの罪に問われ、一審・千葉地裁で無罪判決を受けた後も勾留(こうりゅう)が続いていたスイス人女性(28)の控訴審で、東京高裁は9日、検察側の控訴を棄却する判決を言い渡した。女性の勾留は解かれたが、不法残留のため入国管理施設に収容されたとみられる。

 中山隆夫裁判長は、「知人に頼まれて国外から持ち込もうとしたスーツケースの中に、覚せい剤が入っているとは知らなかった」との女性の主張を受け入れ、有罪とするには合理的な疑いが残ると述べた。言い渡しの後には、無罪でも勾留が続いた経緯に触れ、「裁判所としても気の毒だったと思う。しかし、知らなかったとはいえ、軽率にも覚せい剤を持ち込んだ。犯罪とみられても仕方のない面があったことを理解してほしい」などと、女性に向けて語りかけた。こうした「説諭」は極めて異例。

 女性は06年10月に覚せい剤約2.3キロをマレーシアから密輸しようとしたとして逮捕、起訴された。千葉地裁は昨年8月に無罪を言い渡したが、控訴した検察側が勾留を求め、東京高裁が職権で勾留を続けてきた。

 日本人が被告の場合は通常、一審で無罪判決が出れば刑事訴訟法の規定により釈放される。しかし、不法残留の外国人がいったん国外退去となれば、控訴審を続けられなくなる可能性が高いため、無罪でも勾留の必要があるとされた。

 弁護側は「外国人だけ勾留するのはおかしい」と勾留の取り消しを求めて争ったが、最高裁は昨年12月、「罪を疑う相当な理由があるため控訴審で勾留しても問題はない」と結論づけた。ただし、5人の裁判官のうち2人が、刑事訴訟法の手続きと出入国管理法の手続きに不備があることを批判した。

 女性は入管施設に一時入ったこともあったが、逮捕から1年5カ月余にわたって勾留され続けた。弁護人は「無罪であればなおさら、今までの勾留は何だったのか分かりにくい。日本人だったら勾留されていなかった。女性は法の不備による犠牲者だ」と指摘し、法整備を訴えた。

 東京高検の鈴木和宏次席検事は「誠に残念。判決内容を十分検討し、適切に対処したい」とコメントを出した。仮に上告すれば、再び勾留が問題となる可能性がある。
ENDS

“Hostage Justice”: Swiss woman acquitted of a crime, but detained for eight months anyway during prosecution’s appeal

mytest

HANDBOOKsemifinalcover.jpgwelcomesticker.jpgFranca-color.jpg
Hi Blog. Here’s another oddity of Japanese “justice”. The prosecution is so strong in this country that it can hold people hostage–incarcerate them even if they are judged innocent.

In the extremely rare case (more than 99 percent of all criminal cases that go to trial result in conviction) where the prosecution loses (meaning and the accused is adjudged innocent and goes free), the prosecutors can appeal. Unfortunately, as you can see in the article below, the rights of the accused differ by nationality.

If you are a Non-Japanese, and even if you are judged innocent by a lower court, you are still incarcerated for however many months it takes for the higher court to deliver a verdict (in the case below, innocent again). Because foreigners aren’t allowed bail in Japan. Unlike Japanese: When Japanese defendants appeal guilty verdicts, they are not detained (see Horie Takafumi and Suzuki Muneo; the latter, now convicted of corruption twice over, is still on the streets, even re-elected to the Diet!).

The logic for detaining the Swiss woman in the article below is even more stupefying. The usual argument given for continuing to imprison foreigners is because they are assumed to be a flight risk (the same logic applied to denying foreigners home loans, credit cards and cell phones)–i.e. they might leave the country! (whereas Japanese are chained to these islands, of course). However, in the Swiss woman’s case below, the prosecution argued for her detention because she might overstay her visa and be deported! (I wonder if she was then counted as an “overstayer”…)

Finally, note that the innocent Swiss defendant below still is in custody, despite two innocent verdicts. Expect more months (if not years!) of detention if the prosecution decides to appeal to the Supreme Court! Read on and shake your head in noncomprehension….

Let’s launch a series on the Debito.org Blog on how fucked up Japan’s judiciary is–and start with this case of “hostage justice”. Debito in Sapporo

/////////////////////////////////////////////////////////////////
Swiss woman acquitted of drug smuggling again; questions raised about her detention
04/10/2008 THE ASAHI SHIMBUN
http://www.asahi.com/english/Herald-asahi/TKY200804100148.html
Courtesy of TPR

A Swiss woman on Wednesday was again found not guilty of drug smuggling, but she had to remain in detention for nearly eight months after being acquitted the first time.

The decision by the Tokyo High Court raises further questions about the practice of incarcerating foreign defendants during the appeals process after they are found innocent.

Lawyers representing the 28-year-old woman said she is a “victim of defects in Japanese laws” and called for new legislation to deal with the problem.

In the ruling, Presiding Judge Takao Nakayama brushed aside prosecutors’ arguments that the Swiss woman intentionally tried to smuggle about 2.3 kilograms of methamphetamines hidden in a suitcase in 2006, saying there was “room for reasonable doubt” about her guilt.

The woman said she was asked to carry the suitcase by an acquaintance and did not know what was inside.

The woman was arrested in October 2006 and later indicted on charges of trying to smuggle methamphetamines from Malaysia.

In August 2007, the Chiba District Court ruled the woman was innocent. But prosecutors appealed, and were granted permission from the district court to detain the woman.

Her detention, including the period spent in an immigration facility, lasted for more than 11/2 years.

After reading the ruling Wednesday, Judge Nakayama told the woman that her detention could not be avoided.

“Even this court cannot help but feel sympathy,” Nakayama said. “But you imprudently brought methamphetamines into Japan even though you said you were not aware.

“Please understand there was ample reason to assume a criminal act,” he said.

Her lawyers said there is a double standard concerning Japanese and foreign defendants.

“If the defendant were Japanese, she would not have been detained,” one lawyer said. “Now that she has been found not guilty, the rationale behind her detention has become even more unclear.”

Under the Criminal Procedure Law, a Japanese defendant found innocent would be immediately released from detention. But it is not the same for foreigners.

Prosecutors have argued that if foreign defendants are deported because their permits to stay in the country have expired, it would be difficult to continue with an appeals trial.

The twice-acquitted woman could end up back in detention if prosecutors decide to appeal once again.

Kazuhiro Suzuki, deputy chief prosecutor of the Tokyo High Prosecutors Office, issued a statement Wednesday, saying the ruling was “very disappointing” and that prosecutors will “study the ruling carefully and take appropriate measures.”

The woman was taken into custody at an immigration facility after Wednesday’s ruling.

The woman’s lawyers sought her release after her first acquittal, but the Supreme Court in December ruled in favor of the prosecutors.

The top court said there was sufficient reason to suspect a crime had occurred and saw no problem in detaining the woman for the appeals trial.

However, two of the five justices on the panel said the detention was the result of flaws in the Criminal Procedure Law and the Immigration Control and Refugee Recognition Law.(IHT/Asahi: April 10,2008)
ENDS

Yomiuri: GOJ revising NJ registry and Gaijin Card system: More policing powers, yet no clear NJ “resident” status

mytest

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Hi Blog. Comment follows article.

============================
Ministry plans to strengthen visa system / Plan includes 5-year stay extension
The Yomiuri Shimbun Mar. 21, 2008
http://www.yomiuri.co.jp/dy/national/20080321TDY01305.htm
Courtesy of Jeff Korpa

The Justice Ministry intends to extend the current period of stay issued for foreigners from a maximum of three years to up to five years, based on the recommendation of a government panel on immigration control policies, sources said Thursday.

The panel, which has been discussing ways to improve the system for foreign residents, will submit to Justice Minister Kunio Hatoyama within this month the proposals aiming to boost convenience for foreigners living in Japan lawfully as well as strengthening measures against foreigners who overstay their visas, according to the sources.

The ministry will present to an ordinary Diet session in 2009 related bills to revise the Immigration Control and Refugee Recognition Law, the sources said.

The main pillars of the proposals will be:

— Issuing a new “foreign resident’s card” by the Immigration Bureau and abolishing foreign resident’s registration cards issued by ward, city, town and village governments.

— Requiring foreigners to report to the justice minister any changes in their places of work during their stay in Japan and other personal information.

— Requiring organizations that accept foreigners as students or trainees to report how they study or undergo training programs.

The measures are aimed at unifying and tightening government management on the control on foreign residents as well as enhancing the convenience for foreigners living in the nation lawfully, the sources said.

With the enactment of the revised Employment Measures Law in October, companies hiring foreigners are required to report to job-placement offices their names, visa statuses and other personal information.

With the panel’s recommendation the ministry intends to widen this mandatory reporting to other organizations, including universities, the sources said.

The duration of stay for foreign nationals is determined according to visa status. For example, one or three years are allowed as the duration of stay for a foreign national with the visa status of a spouse of a Japanese or of an intracompany transferee. At first, the duration of stay is one year. But if the person has no problems after this first year, it is common for the duration of stay to be extended to three years.

If the duration of stay is extended up to five years as the envisioned system suggests, renewal procedure burdens over the duration of stay would be lessened for long-stay foreign residents with Japanese spouses.

There were about 2.09 million foreign nationals with alien registrations in Japan as of Dec. 31. Of them, those subject to the envisioned system will include permanent residents (about 780,000 people), spouses of Japanese and intracompany transferees.

The envisioned system will exclude about 440,000 special permanent residents such as ethnic Korean residents in Japan. It also will exclude temporary visitors who are allowed to stay a maximum of 90 days, as well as diplomats and officials.

In response to an increase in the number of illegally overstaying foreigners, the panel set up in February last year a special committee to examine a new resident entry system for foreign nationals living in Japan, under which members conduct hearings with officials at the local municipalities, the Japan Business Federation (Nippon Keidanren) and the Japan Federation of Bar Associations.

(Mar. 21, 2008)
ENDS
===================================

COMMENT: Don’t know what to make of this policy revision yet. On one hand, we have the abolition of the old Gaijin Card and Registry system, in place since shortly after WWII to police foreigners, and registry more akin (they say) to to the current Family Registry system we have for Japanese citizens (in case you don’t know, NJ are “invisible residents”, as Japan is the only country I know of that requires citizenship to register people as juumin “residents” (cf. the juuminhyou mondai)). It also will extend the legitimacy of the former “Gaijin Cards” (which all NJ must carry 24-7 or face arrest) from three years to five. That’s the good news.

The bad news is that this measure, despite claims that it will make life “more convenient” for NJ living in Japan, is mainly a further policing measure. Registration will be centralized in the police forces (not the local municipalities any more), the replacement Cards will have more biometric data and tracking capability (RFID, anyone?), and the cards, as labelled, are rhetorically old wine in new bottles. Despite the translation of “foreigner residents’ card” below, the “zairyuu kaado”, as it’s called in the original Japanese, are not “zaijuu” cards (indicating residency with juumin no juu), rather “zairyuu” (ryuugakusei no ryuu), indicating merely a stay here from overseas.

How nice. We still have to get beyond seeing NJ in Japan as “not really residents”, and all our protestations thus far clearly have not sunk yet in with policymakers at the national level. Arudou Debito

No bank accounts allowed at Mitsui Sumitomo for NJ without minimum six-month stays. Okay at Japan Post Office, however.

mytest

HANDBOOKsemifinalcover.jpgwelcomesticker.jpgFranca-color.jpg
Hi Blog. As I ease on back into blogging again, let me spend my last evening on the tour with a bit of advice from somebody in the know about how to open accounts in Japan: If in doubt, use Postal Savings. Blogged with permission. More on Debito.org here about the errant overzealousness of J banks to connect NJ with money laundering. Arudou Debito in Fukuoka

=======================================
Hello Debito,

I ran into a rather strange situation on March 10, 2008. I work for a international youth exchange (homestays, language study programs, etc), and one of the programs I head is a year-long internship for high school graduates from the US, Canada, and Australia. We just had a couple of interns from Australia arrive last month, and once they recieved their 外国人カード one of my Japanese coworkers (I was out of the country at the time on business) took them to our local 三井住友 branch to open accounts.

We have been using this bank for 2-3 years now and never had a problem with them, but this time we were informed that they would be unable to open bank accounts until they had been here for 6 months, citing new regulations regarding money laundering. My coworker was quite angry and tried to reason things out, pointing out that we had opened similar accounts just 6 months ago for our Canadian and American interns, but was stonewalled. Later that day the president of our foundation called the bank and was told the same story. At that point my coworkers went to the post office and opened accounts there with absolutely no problems.

As I said, I was out of the office until today, when I was told about what had happened. I have heard of other non-Japanese running into the same problem (though I don’t remember which banks were involved), so I wasn’t completely surprised and knew that the bank’s claims were bogus. I called the Australian Embassy and let them know what was going on, and they said they would look into it. I will not be using 三井住友 in the future for my programs, and I am planning on closing my own account there and speaking to the manager as to why I am doing so. At this point I feel I’ve done all I can with the resources at my disposal.

However, being a socially aware resident myself, I thought I would pass this along to you and see if you had any further advice or if you wanted to follow up on it yourself. I am mostly curious about this anti money laundering regulation they cited, which I’m pretty sure does not exist. On the whole it seems pretty discriminatory to me to not allow non-Japanese who hold valid visas and alien registration cards to open accounts for their first 6 months…and if it is true I can foresee a whole bunch of issues popping up (such as eikaiwa teachers essentially being paid under the table simply because they can’t open an account).

Best regards, Ariel
ENDS

J Times et al on homicide of Scott Tucker: “likely to draw leniency”

mytest

HANDBOOKsemifinalcover.jpgFranca-color.jpg
Hi Blog. We have a situation here I’ve been waiting to draw conclusions on for some days now. But here are some articles which substantiate what I’ve been fearing all along. The indication of differing judicial standards for similar crimes based upon nationality.

When a NJ killed a J in 1984 (see the Steve Bellamy Case, where a NJ defending a woman against a drunk and disorderly Japanese wound up killing him with his advanced martial arts skills), he was exonerated, then convicted, then exonerated again for, colloquially, “yarisugi” (and it became a case that changed jurisprudence for kajou bouei in Japan).

Now we have the opposite circumstance–a J killing a NJ–and according to the Japan Times, leniency is expected.

Historically, America had the expression, “he doesn’t have a Chinaman’s chance” (the modern-day equivalent of “a snowball’s chance in hell”), showing how bent the American judiciary was towards Asians a century or so ago. In Japan’s judiciary, are we to say, “he doesn’t have a gaijin’s chance”? Mr Yuyu Idubor, convicted for a rape he says he never committed, Mr Valentine, crippled due to police medical negligence during interrogation and completely ignored in court, or Mr Steve McGowan, barred from an Osaka eyeglass store express ‘cos the owner “doesn’t like black people”, again ignored in lower court (tho’ awarded a pittance in High Court), just might.

Here are two articles on the Scott Tucker homicide, one with conclusions, the other with details. The relative silence within the Japanese media on this case is pretty indicative. Contrast that with all the sawagi that would probably ensue if the opposite happened, where a NJ (especially a Beigun) killed a Japanese in this way. Arudou Debito in Sapporo.

(PS: If you want to comment on this case, please do so within the next 24 hours. After that, I’m going to be on the road with the book tour and unable to approve comments promptly.)

/////////////////////////////////////////////////////////////////
Death of American in bar fight likely to draw leniency
Japan Times Thursday, March 13, 2008
By JUN HONGO Staff writer
http://search.japantimes.co.jp/cgi-bin/nn20080313a3.html
Courtesy of Colin

The death of an American resident in Tokyo in a fatal bar fight late last month is not likely to result in any severe punishment being meted out due to the circumstances of the case, legal experts say.

Richard “Scott” Tucker, 47, died at Tokyo Metropolitan Hiroo Hospital after being punched and choked at Bullets, a nightclub in Tokyo’s Minato Ward, on Feb. 29. Police arrested Atsushi Watanabe, a 29-year-old disc jockey at the club, for the fatal assault.

While some media reports have suggested the West Virginian visited the club to complain about the noise, a police official told The Japan Times on Tuesday that Tucker appeared “heavily drunk and acted violently toward other customers,” at times striking a boxer’s pose, on the night of the incident.

Watanabe has told investigators he attempted to halt the disturbance in his club “because (Tucker) was picking a quarrel with everyone,” the official said on condition of anonymity.

Legal experts suggest such circumstances would likely result in Watanabe receiving relatively minor punishment.
ENDS
=================================

Tokyo killing of Charleston native ‘seeded in past events’
Tucker’s brother: Japanese bar’s noise led to fatal fight
The Charleston Gazette March 7, 2008
By Gary Harki Staff writer
http://sundaygazettemail.com/News/200803060766

A Charleston native killed in a Tokyo bar last weekend went there because he was angry about the noise, his brother said Thursday.

“Based on the information we have, Scott went into the bar with an attitude,” Chip Tucker said. “He was upset with the noise and commotion of what was going on, which was a routine. … He was not there for the party.”

Scott Tucker, 47, a Charleston native and West Virginia University graduate, died in a hospital after being choked and punched at a nightclub called Bullets in the Azabu section of Tokyo on Feb. 29, according to japantoday.com, an English-language news Web site.

Atsushi Watanabe, 29, a disc jockey at the club, is charged with killing Scott Tucker, according to the Web site.
“This was a specialized technique intended to do harm,” Chip Tucker said of how Watanabe allegedly killed his brother. “It’s a murder case. Everything points to that being the situation.”

The club was known for parties, noise and fights, Chip Tucker said. “His wife feels part of [Scott Tucker’s actions] were seeded in past events,” he said.

Tucker had been drinking and recently had developed a drinking problem, his brother said: “We are not sure if he had been home or was coming home when it happened.”

Chip Tucker said that based on Japanese law, the family will seek the maximum penalty for Watanabe. That won’t be determined until Watanabe is formally charged after the investigation has ended, he said.

“They determine punishment not only on a case-by-case basis but on the wishes of the family,” he said.
Some investigation records will be released in about 20 days, when police pull their records together and present the case to a judge, he said.

Tucker said it does not appear that Watanabe, who had no previous criminal record, intended to kill his brother. “It appears as though this was not premeditated, but he used force well beyond what he should have,” he said.

Scott Tucker lived in a building he had bought and – as is Japanese custom – named it after himself, said Chris Mathison, Scott’s former business partner.

Tucker had lived in the downtown Tokyo building, in an upscale section of the city, for at least 12 years, Mathison said. Two doors down was the jewelry studio of Tucker’s wife, Yumiko Yamazaki. Between the buildings was the Bullets club where Tucker was killed.

Mathison said he and Scott Tucker had traveled the world together in the early 1990s, working for various computer companies. The two still talked frequently, he said.

“He was rich. And not only did he do well, his wife is one of Japan’s leading jewelry designers,” Mathison said. “He had this career of closing enormous deals.”

Charleston Mayor Danny Jones said he remembered the Tucker family when they lived in Charleston in the 1960s, particularly Jean Tucker, Scott and Chip’s mother. He remembered waiting on her when he worked at the Pure Oil station in South Hills, he said.

“They were very nice people. They lived on Oakmont Road,” he said. “I stayed friends with them until I was drafted in 1969.”

Scott Tucker moved to Japan about 24 years ago, shortly after graduating from WVU with a degree in foreign languages and linguistics.

Chip Tucker said he attended a private service for the family at a crematory in Japan on Thursday. He will bring part of his brother’s ashes back to the United States to be spread in San Diego.

On Thursday, he and Yamazaki went to a neighborhood bar frequented by his brother to pick up a picture of Rolling Stones guitarist Keith Richards that he kept there.

“Scott loved music. He had a wide range of tastes,” he said.

There were a few regulars in the bar, Chip Tucker said.

“Everyone came over and showed their condolences to Scott’s wife. They couldn’t believe the situation. They had never seen Scott angry,” he said. “They all showed up at the funeral. They were overwhelmed.

“They had never seen Scott get in a fight. They couldn’t believe it.”
ENDS

ABC News (USA) finally breaks the story about Japan as haven for child abductions

mytest

HANDBOOKsemifinalcover.jpg
Hi Blog. Here’s a magnificent article from ABC News (USA) about how Japan remains a haven for child abduction after a Japanese-NJ marriage breaks up.

Long-overdue attention is given one of Japan’s worst-kept secrets–how NJ (who have no Family Registry) have essentially no parental or custody rights in Japan after a marriage breaks up. And how Japan refuses to take any measure to safeguard the access of both parents to or the welfare of the child under the Hague Convention (which it refuses to sign).

I met Paul Wong during my speech last December at the upcoming film documentary on this subject, FOR TAKA AND MANA. Glad he’s gotten the attention his horrible case deserves. I too have no access to my children after my divorce, and I’m a citizen! Bravo ABC. Get the word out.

More on this issue on Debito.org here.
Arudou Debito in Sapporo

//////////////////////////////////////////////
Spirited Away: Japan Won’t Let Abducted Kids Go
American Parents Have Little Hope of Being Reunited With Children Kidnapped to Japan
By RUSSELL GOLDMAN
ABC News (USA) Feb. 26, 2008
http://www.abcnews.go.com/TheLaw/story?id=4342760&page=1
Courtesy of Damian Sanchez

Kaya Wong’s parents never imagined they would be able to have a baby.

Born two years after her mother was diagnosed with cancer, Kaya, now 5 years old, was a miracle.

But for Paul Wong, Kaya’s father, the unimaginable soon became the unthinkable. Months after the cancer fatally spread to his wife’s brain in 2005, Kaya, he says, was kidnapped by her maternal Japanese grandparents.

Despite being his daughter’s sole surviving parent, he has few options available to him as an American in Japan, a historically xenophobic country that does not honor international child custody and kidnapping treaties. It’s also a nation that has virtually no established family law and no tradition of dual custody.

He knows where his daughter lives, where she goes to school and how she spends her days, but despite the odd photograph from a family friend, he has not seen his daughter once in the last six months.

Wong is one of hundreds of so-called “left-behind” parents from around the world whose children have been abducted in Japan, the world’s only developed nation that has not signed the Hague Convention on the Civil Aspects of International Child Abduction.

‘Heartbroken’

There are currently 39 open cases involving 47 American children spirited away to Japan, a key American ally and trading partner, but many more go unreported. Not a single American child kidnapped to Japan has ever been returned to the United States through legal or diplomatic means, according to the State Department.

“This entire experience has left me heartbroken,” Wong told ABCNEWS.com. “We always wanted children. My wife and I talked about starting a family for a long time, but because Akemi was sick we kept having to wait. When Kaya was born, I promised my wife that we would move to Japan so that our daughter would know about her Japanese heritage and Akemi, despite her own illness, could care for her elderly parents.”

Wong, a 41-year-old lawyer, says he does not regret keeping his promise to his ailing wife, but his pledge set into motion a series of events that have kept him from seeing his only child.

“She’s very energetic, outgoing, active, inquisitive innocent little girl. She is simply perfect, and sweet as can be. She is not afraid of anything,” he said of his daughter during a phone interview from Japan. “I’m breaking up just thinking about her and talking about her. She loves to laugh and has a smile just like her mother’s.”

Kaya was born in San Francisco in 2003 and is a dual citizen of the United States and Japan. The young family lived in Hong Kong, with Akemi making occasional trips to California for treatment until she and Kaya moved in with her parents in Kyoto, Japan.

Abuse Allegations Common

For more than a year after her mother’s death in December 2005, Kaya continued to live with her grandparents, with Wong visiting monthly from Hong Kong as he worked to find a job that would allow him to move to Japan.

Once he found a job and was preparing to move, however, things suddenly changed.

“Once I moved to Tokyo last year, the grandparents did everything possible to keep Kaya away from me. When I said I’m taking her back, they filed a lawsuit against me filled with lies and claimed I had sexually assaulted my daughter. There are no facts and the evidence is completely flimsy.”

According to Wong, with the exception of one long weekend in September 2007 when he took his daughter to Tokyo Disney, her grandparents were present every time he was with Kaya.

He said that a Japanese court investigator found that the girl was washed and inspected every day after a swimming lesson at her nursery school and her teachers never noticed signs of abuse.

ABCNEWS.com was unable to contact the grandparents Satoru and Sumiko Yokoyama, both in their 70s. State Department officials would not comment on the specifics of this case, but a spokesperson said that allegations of abuse were not uncommon in some abduction cases.

Kaya’s grandparents are elderly pensioners. Under a Japanese program to stimulate the birth rate, families with young children receive a monthly stipend from the government, one reason Wong believes the grandparents have chosen to keep Kaya.

Though Wong’s case is unique in that most child custody disputes result from divorce not death, his is typical of the legal morass in which many left-behind parents find themselves. He has spent thousands of dollars on legal fees and makes regular appearances for court hearings, but his case, like many others, remains stalled.

American parents quickly learn that the Japanese court system is rather different from that of the United States.

There is no discovery phase, pretrial disclosure of evidence, or cross-examination. Lawyers for each side simply present their cases before a judge.

Furthermore, there is no concept of parental abduction or joint custody. The parent or family member who has physical custody of the children, generally the Japanese mother or her family, is granted legal custody.

“Fundamentally, people believe that Japan must have a legal system available to deal with child custody and similar problems,” said Jeremy Morely, an international family lawyer. “In reality, however, there is no such system.”

“Family law is very weak in Japan. There is also a cultural perception that a Japanese child is best off in Japan with a Japanese parent. Boiled down, the law is: Whoever has possession has possession and the other parent should mind his own business,” Morely said.

Culture Clash

Culturally, there is no concept of dual custody or visitation. Once a couple gets divorced, the children are typically assigned to one parent and never again have contact with the other parent.

After divorcing his then-pregnant wife of four years in 1982, former Prime Minister Junichiro Koizumi retained custody of his two eldest sons, Kotaro and Shinjiro. His ex-wife Kayoko Miyamoto took custody of their unborn son, Yoshinaga Miyamoto. Since the divorce Miyamoto has not seen her two eldest sons, and Koizumi has never met his youngest son, Yoshinaga.

Against this cultural backdrop, American parents seeking custody find themselves in an endlessly revolving door of hearings that go on for years and yield no results.

Paul Toland, a commander in the U.S. Navy, estimates he has spent “well over $100,000 in attorney’s fees” for the last five years in an effort to get back his daughter.

Toland’s daughter was taken by his ex-wife to live with her parents in Tokyo while he was stationed in the country in 2003 and he has not seen the girl since.

He began fighting for custody of his daughter Erika, 5, when she was just 9 months old. When his wife, Etsuko Futagi, committed suicide in September 2007, Erika’s maternal grandmother got custody.

“I feel real frustrated because I’m in a holding pattern,” said Toland, 40, who lives in Virginia. “It has been a nightmare trying to get through this.”

Possession Is Key

Though Toland is his daughter’s sole surviving parent, judges in countless hearings have upheld the cultural imperative that it is in the child’s best interest to stay with whomever she is with at that moment.

“Whoever has custody when they walk into court has custody,” Toland said. “Judges never want to disrupt the status quo. There is no enforcement of the law because there is no teeth in the system. Police won’t intervene because they say it is a family matter. Every judge knows that and rules in favor of the status quo because he would lose face if he ordered something that would never be followed through on.”

For now, Toland can only wait and keep trying through the courts.

He said he regularly sends “care packages  big boxes full of presents and videotapes of me reading her children’s books.” Since he does not know whether those videos ever make it to his daughter, he keeps copies locked in a strong box to give her if and when he finally gets custody.

He has considered kidnapping Erika, but says the girl is under her grandmother’s constant supervision.

“Parental abduction is not a crime in Japan, but taking a child out of Japan is a crime. It is legal to abduct my own kid in Japan, but it’s a crime to take her back home with me.”

His parents have each just turned 80 and have never met their granddaughter.

“It is a crime to keep my parents from knowing and loving Erika,” he said.

‘Countries Disagree’

With the legal and cultural cards stacked against them, many Americans turn to the State Department and politicians for diplomatic help, but to little avail.

“On most things Japan is an important partner,” said Michele Bond, the State Department’s deputy assistant secretary for Overseas Citizens Services. “This, however, is one issue where we greatly differ. Left-behind parents often engage in a fruitless campaign to get back their children.”

The State Department, she said, regularly raises the issue of international abduction and Japan’s refusal to join the Hague Convention, a 1980 international treaty on cross-border abductions.

Other countries, particularly Muslim nations that practice Shariah, also have not joined the treaty, but in many of those cases the United States has worked out agreements, or memoranda of understanding, to allow for the return of children. There is no such memorandum with Japan.

“We engage with the government of Japan at every opportunity and bring it up all the time. We try to raise the visibility of the issue and make them aware that this is not the tradition in other countries. Progress has been slow but we are hopeful to find a solution that respects both cultures and everyone’s rights, especially the children,” Bond said.

The State Department currently has 1,197 open cases of child abduction involving 1,743 children worldwide.

Bond said many cases of abduction to Japan go unreported because families know there is little the U.S. government can do to help.

Legislative Efforts

“Culturally, the Japanese are not disposed to deal with foreign fathers. The law does not recognize parental child abduction. Criminal extradition is limited because they don’t recognize that a crime has taken place,” she said.

Despite efforts on behalf of U.S. legislators to contact Japanese diplomatic officials, Wong has received no word of a change in his case.

In April 2007, Sen. Barbara Boxer, D-Calif., sent a letter to President Bush about child abduction on the occasion of the Prime Minister Shinzo Abe’s visit to the United States.

“I am very concerned over Japan’s lack of assistance in these cases and urge you to insist that Japan cooperate fully with the United States and other countries on international parental child abductions. Furthermore, I hope you will press Prime Minister Abe to support the Hague Convention on the Civil Aspects of International Child Abduction and to implement a formal two-parent signature requirement for obtaining passports for minors,” the letter stated.

The Japanese government would not comment on specific cases of child abduction and in an exclusive statement to ABCNEWS.com never used the word “abduction.”

“We sympathize with the plight of parents and children who are faced with issues of this kind, which are increasing in number as international exchange between people expands,” reads a statement from the Japanese Embassy in Washington, D.C.

The embassy said that the Hague Convention was inconsistent with Japanese law, but that joining the convention was still under review.

“Regarding the possibility of Japan’s joining the Hague Convention, we must point out that [the] Japanese legal system related to child custody is quite different from the underlying concept of the Hague Convention. Japanese courts always take into consideration what the best interest of a child is with respect to each individual case, while the Convention provides the relevant judicial or administration authorities in principle [to] order the return of the child, unless the limited exceptions apply.”

Few Successes

Left-behind parents are used to hearing similar language from Japanese judges and American diplomats relaying messages from their Japanese counterparts.

“We strongly believe that it is in the best interest of a child to have access to both parents,” said the State Department’s Bond.

She said a child has never been returned to the United States as a result of diplomatic negotiation or legal wrangling, and knew of only three cases where children were reunited with their American parents  “two in which the parents reconciled and one in which a 15-year-old ran away.”

Michael C. Gulbraa of Salt Lake City is the father of that 15-year-old, his now 17-year-old son Christopher. Christopher returned to the United States in 2006, and calling him a runaway undermines years of careful planning by his father to ensure that if his son wanted to get out of Japan he would be able to.

After Gulbraa and his wife divorced in April 1996, she gained custody of Christopher and his older brother Michael K. Gulbraa.

In 1999, when the boys were 8 and 9 years old, Gulbraa learned that his wife’s second husband was under investigation for abusing his biological son.

After months of investigation by court-appointed guardians and experts, his ex-wife, Etsuko Tanizaki Allred, feared she would lose custody and took the boys to Japan in 2001.

In 2002, the court gave Gulbraa custody and charged Allred under Utah law with felony custodial interference and a federal international kidnapping statute. Despite the international warrants for Allred, Japanese courts did not require her to return their children to Gulbraa.

“That’s how things remained until July 2006. I did everything I could think of. I even petitioned the Vatican to intervene,” he said.

In 2006, Christopher contacted him via text message and said he wanted to come back to the United States. Since his sons were kidnapped, Gulbraa had been working on a plan to get the boys emergency passports and onto a plane with whatever help U.S. diplomatic officials could legally provide.

One Who Escaped

When the boy’s mother learned of the plan, she took his cash and identification, making the train trip to the consulate and obtaining a passport all the more difficult.

Gulbraa will not disclose quite how his son got the money for the train, but said he had traveled to the Osaka consulate and provided it with photos of the boy and questions only he could answer in order to confirm his identity.

“Chris said he was going for a bike ride and got on a train from Nagoya to Osaka. We had to work through his not having any money or picture I.D. In late August 2006, he got home with the help of every agency of the U.S. government involved. From the consulate in Osaka to the embassy in Tokyo, everyone did everything to get him home without breaking the law.”

For Gulbraa being reunited with his son is bittersweet knowing his older son, Michael, remains in Japan.

Today, Gulbraa supports other left-behind parents and continues to petition the U.S. government to ensure kidnapped American children are reunited with their rightful guardians.

“It is mind boggling that we kowtow to an ally because we are worried about trade and beef exports, when people’s children are being torn from them. Abduction is abduction and it needs to stop.”
ENDS

Moharekar Case: Parents raise questions about baby’s death to Sapporo’s Tenshi Hospital

mytest

(revised February 14, 2008 at the Moharekar’s request)

Hi Blog. Here’s a sad tale about the death of a baby while in the womb, and the unsatisfactory explanation, as far as the parents are concerned, given by a Sapporo medical care facility named Tenshi Hospital about what happened.

Dr. Shubhangi MOHAREKAR and her husband Sanjay, Indian citizens who have been doctorate researchers at Hokkaido University for 9.5 years and 6 years respectively, were expecting to have their second child in Sapporo’s Tenshi Hospital (Sapporo-shi Higashi-ku Kita 12 Higashi 3 1-1, phone 011-711-0101).

Up until 11th July 2007, their attendant doctor at Tenshi Hospital, a Dr, Oh-ishi, did not find any abnormality in the fetus. However, just 5 days later, i.e. on 17th July 2007, another doctor, Dr. Watari found abnormalities–the baby had congenital heart disease. On August 1, 2007, their child died in the womb. It was stillborn, despite repeated reassurances of fetal health from Dr Oh-ishi.

I’ll let the Moharekars tell their own story in scans below, but they say the basis of their dissatisfaction is: 1) insufficient diagnosis and prenatal care by the Gynecology Department of Tenshi Hospital of their child’s condition from the start, 2) a sudden, unexplained change in the diagnosis of the fetus when the mother detected a change in its life signs, and 3) the ill-treatment from Tenshi Hospital they say they suffered after the stillbirth. Not only did they feel they were rebuffed by the head of the gynecology department of hospital, a Dr Yoshida (who hitherto spoke good English, but allegedly got upset at them and demanded they speak Japanese properly), they were told the hospital would not accept complaints–-and even charged them 210 yen after the death just to get an explanatory meeting with hospital director, a Dr Tsujisaki!

For the record, the Moharekars are not after money or damages (they would of course prefer their 210 yen got refunded). They just want a full and proper explanation in writing from Tenshi for this apparent misdiagnosis. Not rebuffs and rudeness. They have never been able to meet Dr Oh-ishi again (she has apparently been transferred to another hospital).

The Moharekars consider Gynecology Department of Tenshi Hospital to be negligent and irresponsible. They want to make sure that what they consider to be mental harassment will not happen to anyone else. The Moharekars are also aware that baby having congenital heart disease is not the hospital’s fault and impossible to change the situation anyhow, but this kind of problem could have been detected earlier using 3D/4D sonography. Early detection could have prepared the family for the emotional strain, expense, and logistical problems of surgery on the newborn.

I have met them, and they said they may be contacted at their email address, included in page one of their letter below.

Evidence follows. Arudou Debito in Sapporo

LETTER OF COMPLAINT TO TENSHI HOSPITAL, DATED OCTOBER 24 2007. PAGE ONE OF TWO.
moharekar001.jpg
PAGE TWO OF TWO.
moharekar002.jpg
THE LETTER IS SIGNED AT THE BOTTOM BY TENSHI HOSPITAL DIRECTOR, DR TSUJISAKI, CERTIFIED AS WITNESSED.

HOSPITAL CHARTS INDICATING ALL LIFE SIGNS WERE NORMAL FOR SEVERAL MONTHS UNDER DR. OH-ISHI. NO HEART DEFECT DETECTED.
moharekar003.jpg

DOCUMENT FROM TENSHI HOSPITAL WITH DIAGNOSIS OF HEART DEFECT, ACCORDING TO A DIFFERENT DOCTOR, DR WATARI.
moharekar004.jpg

LETTER FROM ATTENDANT HOSPITAL IN INDIA WITH RESULTS OF PHYSICAL EXAMINATION, SHORTLY BEFORE FETUS’S DEATH. HEART DEFECT DETECTED.
moharekar005.jpg

EXPLANATION FROM DR TSUJISAKI, PAGE ONE OF TWO.
moharekar006.jpg
PAGE TWO OF TWO.
moharekar007.jpg

BILL FROM THE HOSPITAL OF 210 YEN FOR A POSTMORTEM EXPLANATION FROM HOSPITAL DIRECTOR DR TSUJISAKI:
moharekar008.jpg
ENDS

Mainichi: Chinese Trainees awarded big after taking exploitative strawberry farm to court

mytest

Hi Blog. Update to an earlier story on this blog. Good news about Strawberry Fields. You know the place where justice got real…

Congrats to the Trainees who didn’t just go home like good little disenfranchised Guest Workers, and managed to get the Japanese judiciary to establish deterrents to exploitative employers. Arudou Debito

============================
Employees win suit against Tochigi farms for unpaid wages, unfair dismissals
Mainichi Shinbun February 11, 2008
http://mdn.mainichi.jp/national/news/20080211p2a00m0na009000c.html
Courtesy of Ben Shearon

TSUGA, Tochigi — A group of strawberry farmers will have to pay a combined 30 million yen in unpaid and overtime wages, and reinstate five Chinese trainees who were unfairly dismissed after losing a class action suit brought against them by their employees.

The farmers have also acknowledged that they took away some of the trainees’ passports and forced them to save their wages: which, if proved, would constitute an illegal act, barring the farmers from accepting future trainees, according to the Ministry of Justice.

The trouble began when the Choboen strawberry farm in Tsuga dismissed five Chinese trainees in December last year because of a poor harvest, and attempted to force them to go back to their home country.

The five joined 10 trainees at six other strawberry farms in demanding 52.25 million yen in unpaid wages and overtime allowances over the past three years.

The owners of the seven farms have apologized for forcing the trainees to work for long hours and paying overtime allowances below the legal minimum. They agreed to pay a total of about 30 million yen to the 15, and Choboen retracted its dismissals.
(Mainichi Japan) February 11, 2008
ENDS

毎日:イチゴ農園が解決金3000万円 栃木

mytest

ブログの読者、以前取りあげたトピックスをアップデートを載せます。有道 出人

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

中国人解雇:イチゴ農園が解決金3000万円 栃木
毎日新聞 2008年2月11日 2時30分 http://mainichi.jp/select/wadai/news/20080211k0000m040115000c.html

 栃木県のイチゴ農園が不作を理由に中国人技能実習生を解雇し、トラブルになっていた問題は、農家7軒が約3000万円の解決金を実習生計15人に支払うことで合意した。農家側は謝罪し、解雇を撤回した。

 同県都賀町のイチゴ農園「長苺(ちょうぼ)園」の実習生5人が昨年12月解雇され、無理やり帰国させられそうになったことからトラブルになった。5人は他の6農園の実習生10人と合流し、残業代など3年分の未払い賃金約5225万円を要求していた。

 農家側弁護士によると、最低賃金を下回る残業代だったことや、長時間労働を認めて謝罪。解決金として約3000万円を支払うことで合意した。

 農家側はこのほかに、パスポートを取り上げたり、貯金を強制したりするなどの行為があったことも認めている。法務省は「事実が確認できれば不正行為に該当し、受け入れ停止などの処分対象となる」と話している。【宮川裕章】

毎日新聞 2008年2月11日 2時30分
ENDS

朝日:外国人研修生、ブローカー介在禁止に 法務省 MOJ: Brokers to be banned for NJ Trainees

mytest

Hi Blog. No time to translate today. Some good news–the practice of using so-called “Brokers” for Foreign Trainee workers (who have no rights under labor law, as they’re only Trainees, and are thus quite easily exploited) are to be banned by the GOJ. So announces the MOJ in this article from the Asahi. Not an elixir, but a step in the right direction.

More on the problems with Brokers here. Debito

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

外国人研修生、ブローカー介在禁止に 法務省
朝日新聞 2007年12月25日09時50分
http://www.asahi.com/politics/update/1224/TKY200712240151.html

 外国人に日本の企業で知識や技術を身につけてもらう外国人研修・技能実習制度について、法務省は、受け入れ機関などに対して示している運用の指針を初めて改定する。制度は、安上がりな労働力の確保に利用されるなど、本来の狙いからかけ離れた運用が横行しているのが実情。このため、ブローカーを介在した受け入れを明確に禁止するなど改善を図る。

 研修・実習生は現在16万人。商工会や中小企業団体などが受け入れ機関となり、紹介を受けた企業などが最長3年の研修・実習を行う。だが、法務省が06年に「不正行為があった」と認定した機関は229機関と過去最多に。失踪(しっそう)する研修・実習生も増加し、同年は2201人に上った。

 同省が改定するのは、「研修生及び技能実習生の入国・在留管理に関する指針」(99年策定)。これまでは抽象的に表現されていた「留意事項」や「不正行為」を具体的に列挙することにした。

 受け入れ機関に対しては、研修先の企業を「労働力不足の解消」といった広告で募集することを禁止。商工会などの機関が名目だけの受け入れ機関になってブローカーに「丸投げ」し、ブローカーが不当に利益を得るのを防ぐ目的から「公的性格を有する機関が名目のみの受け入れ機関になり、実質は他の機関が研修を行うこと」を禁止項目として明記した。

 また、海外の派遣機関が、研修・実習生から法外な保証金を取っているケースがあることを踏まえ、「徴収が判明した場合、その派遣機関からの受け入れを取りやめる」ことも盛り込んだ。

 研修・実習生を保護するため、受け入れ機関に「失踪防止」を理由に宿舎からの外出を禁止する▽希望の有無にかかわらず旅券や通帳を預かる▽所定時間以外の作業を強要する——ことなどを不正行為として明記。違反すれば3年間、新規の研修・実習生の受け入れを認めないこととした。

 同省は年内にも公表し、年明けから各機関に説明を始める予定だ。
ENDS

川崎いじめ訴訟で100万円の賠償命令–Ethnically-diverse Japanese bullied in school wins lawsuit

mytest

Hi Blog. Been meaning to put this up. About the U Hoden Case, where a Japanese grade schooler with Chinese roots (one parent a naturalized Chinese) was badly bullied–so badly she had PTSD medically diagnosed. Her parents took the bullies to court, and last December, they won! More background on this case here. Their supporters’ website here. Arudou Debito

テレビ神奈川の解説
川崎いじめ訴訟で100万円の賠償命令
07/12/21(金)12:59
小学生時代のいじめが原因でPTSD=心的外傷後ストレス傷害になったとして生徒と両親がいじめた側に損害賠償を求めた裁判の判決で横浜地裁川崎支部はいじめた同級生の両親に100万円の支払いを命じました。
 訴えを起こしていたのは現在、高校1年生の女子生徒とその両親です。
 訴えなどによりますとこの女子生徒は川崎市多摩区の小学3年生だった2000年に同級生2人から暴力を振るわれたり中国人の父と日本人の母を持つことについて「ハーフ」とはやし立てられるなど日常的にいじめを受けていました。
 女子生徒はこのいじめが原因でPTSDになったとしていじめた側に慰謝料を求めていました。
きょうの判決で横浜地裁川崎支部の駒谷孝雄裁判長は「いじめによって受けた精神的苦痛は相当大きい」といじめの違法性を認め、いじめた側の同級生の両親に合わせて100万円の支払いを命じました。
(弁護団のサイトはこちらです。)
asahi122207.tiff

Asahi Watashi no Shiten: Schools for NJ children deserve GOJ support

mytest

Hi Blog. An excellent roundup of what’s been covered on Debito.org for quite some time–the emerging underclass of NJ children without an education guaranteed them in Japan. Here are the problems in nutshell. Debito

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POINT OF VIEW/ Nobuyuki Sato: Schools for foreign children deserve support

01/28/2008 The Asahi Shinbun

http://www.asahi.com/english/Herald-asahi/TKY200801280049.html

Courtesy of Steve Silver

More than 2.08 million foreigners now live in Japan. With the rise in international marriages between Japanese and non-Japanese, the number of children who have dual nationality is also increasing. Of them, tens of thousands attend schools for foreigners.

Currently, there are about 100 schools for North and South Korean and Chinese children. In recent years, a growing number of people from South America and elsewhere have settled in Japan.

Schools to accommodate children of such “newcomers” are also increasing. There are 94 Brazilian schools and also schools for children from Peru, India, the Philippines and other countries. The total number of schools for newcomers exceeds 100.

Chinese schools in Japan have a history of more than 100 years, while ethnic Koreans from North and South Korea established schools for their children after World War II to teach them the language and cultures of their motherland. Thus, schools for foreigners in Japan have various backgrounds.

Schools for newcomers are concentrated in the Tokai and northern Kanto regions, home to many Brazilians and Peruvians who work as dispatch employees at automakers and other factories.

A Brazilian school in Ibaraki Prefecture celebrated its 10th anniversary last year. It started out as an unauthorized day-care center for children whose parents work at factories from early morning until late at night. As the children grew, the center set up elementary and junior high school classes.

The government does not recognize schools for foreigners as regular schools that provide general education. Therefore, they do not receive any government subsidies. Most of the schools are supported by donations from fellow countrymen.

While donations to European and American schools are now tax-exempt, the same rule does not apply to North and South Korean and Chinese schools, which are also categorized as kakushu gakko (miscellaneous schools).

Since most schools of newcomers are not even recognized as kakushu gakko but are treated as “private juku,” they are not even eligible for subsidies from local governments.

Some local governments have eased authorization standards for kakushu gakko. But in Gunma, Saitama and other prefectures that apply strict standards for authorization, it is difficult for most schools for newcomers to meet the requirements. Many of them rent small factories that went out of business and split them into six to nine classrooms to give lessons. Such schools do not even have gymnasiums or schoolyards.

Japanese children are guaranteed free compulsory education at public elementary and junior high schools. Accredited private schools also receive generous government subsidies. However, when parents of foreign nationality enroll their children at foreign schools because they want them to learn the languages and cultures of their homelands, they are not eligible for public support measures.

Moreover, at schools not authorized as kakushu gakko, consumption tax is imposed on tuition. Since students are not eligible for a student commuter pass, parents are required to bear a heavier financial burden than their counterparts at Japanese schools.

Although there are more than 200 foreign schools in Japan, few public subsidies apply to them. Most of the schools rely on the self-help efforts of foreign communities alone and are excluded from the realm of public education.

I believe there are few countries in the world like Japan where foreign schools are at a disadvantage compared with regular schools.

As Japan is about to become a “multinational, multiracial and multicultural” society, it is time we break away from “national education” and switch to “multiracial and multicultural symbiotic education.”

For that, we must establish guidelines for education that embrace multiracial and multicultural values and immediately implement systematic support, such as legislation to promote measures for schools for foreigners.

Doing so also meets Japan’s obligation under the international conventions on human rights including the U.N. Convention on the Rights of the Child.

It is also the duty of adults for children of the 21st century.

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The author heads the research-action institute for Koreans in Japan. (IHT/Asahi: January 28,2008)

ENDS