Labor issues

Issues regarding employment of NJ, and how jobs affect integration and assimilation in Japan (particularly regarding the “trainee” visa regime that even our politicians call a “scam”).

Ninkisei: Bern Mulvey on new ways to kill permanent tenure in J academia

Posted on by Dr. Debito Arudou

mytest

Hi Blog. Reposting this with permission of the author. He says he will write something more thorough in future, but for now, in time for our upcoming PALE Conference at JALT Kitakyushu this weekend (www.JALT.org, www.debito.org/PALE), here is a new development in Japan’s academia worth considering:

QUICK BACKGROUND: Japan’s teritary education has always been unfriendly to foreign academics. From Lafcadio Hearn/Koizumi Yakumo’s firing at Tokyo Imperial University in favor of a “real Japanese English teacher” Natsume Souseki a century ago, foreign academics have always been on precarious terms vis-a-vis job security. Until 1997 (when laws changed), full-time foreign faculty almost always received contract employment (“ninkisei”, of several years in duration, but dismissable as soon as the contract came up for review) in Japanese universities, while Japanese would from day one have lifetime employment (“permanent tenure”) until retirement if hired full time. This was dubbed in the 1990’s “academic apartheid”, and full background can be found at http://www.debito.org/activistspage.html#ninkisei , with the Blacklist of Japanese Universities (places which contract full-time foreign faculty) at http://www.debito.org/blacklist.html.

After 1997, however, with the falling birthrate and shrinking student numbers, the government (particularly the Ministry of Education) sought to find ways to make Japanese as easily fireable as foreigners, so they slowly encouraged the institution of term-limited contract employment (ninkisei) for full-time Japanese academics as well. This hasn’t caught on as quickly as many university bean counters would like, so the MoE (Monkasho) is at it again with a new schtick, as Bern writes below. END QUICK BACKGROUND

By the way, the granddaddy of this issue, Dr. Ivan Hall, author of the classic book CARTELS OF THE MIND, will be speaking at JALT Kitakyushu next weekend. Details are:

=============================
Presentation #662: Ivan Hall: Communities, or Cartels of the Mind?
Presenter(s): Ivan Hall, Jonathan Britten
Content & Format: Universal; Administration, Management and Employment Areas (PALE); Forum
Scheduled: Friday, November 3rd, 16:45 – 18:20 (4:45 PM – 6:20 PM); Room: MAIN HALL
http://conferences.jalt.org/2006/
=============================

Now for Bern’s essay. Bern can be reached at bernmulvey_1@yahoo.co.jp

/////////////////////////////////////////////////
Greetings,

As some of you know, I’m currently Dean of Faculty at Miyazaki
Kokusai Daigaku–hence, all correspondence from Monkasho relating to
this issue has gone to me, and all relevant responses by this
university has been/will be directly from me.

As others have mentioned, the change in names is coming from
Monkasho. It’s actually been discussed in chamber for at least one
year, with the official mandate announced July 18 in (among other
places) a document titled “Kyouin Soshiki no Kaizen to Koutou
Kyouiku Seisaku no Doukou.” Another 40-page document,
titled “Daigakutou no Kyouin Soshiki no Seibi ni Kansuru Shitsugi
Otoushuu” is easier to understand, however, so my page references
will be to this one.

First, there is no reference in these documents to a mandatory loss
of “tenure”–e.g., depending on the university, even the new Jokyou
(despite being ranked just about joshu) could conceivably be tenured
(see pg. 4 in the second section). However, and this was most
interesting for me to learn, the Sennin Koushi [the position of those
regularly-employed, including foreigners] position, apparently,
was originally never intended to be an “official” rank
and/or “tenured” position (e.g., see pgs. 1 & 18 in the first
section). Accordingly, there are indeed only THREE official ranks
currently–Kyouju, Jokyouju, and Joshu (assistants), with “Koushi”
being a somewhat nebulous term for everyone else.

[Kyouju = Full Professor, Jokyouju = Associate Professor,
Koushi = Assistant Professor, Joshu = something below that]

This will now change to FOUR official ranks: Kyouju, Junkyouju,
Jokyou and Joshu. In other words, “Sennin Koushi”–used by almost
all Japanese universities and often translated as “assistant
professor”–still will not be an “official” rank (pg. 1 & 18 in the
first section), though the assumption is the rank will still
continue to be used by many (most) Japanese universities.

Jokyou and Joshu are to be almost equal in rank–i.e., both are
technically assistants–though the slightly more qualified Jokyou
can teach their own classes (pgs. 3-5 in the second section). None
of the documents, however, make it really clear why it was necessary
to add this new category of assistant…not to mention
change “Jokyouju” to “Junkyouju.” However, the Sennin Koushi
discussion, not to mention the repeated mentions that Jokyou need
not be “tenured,” suggest that one possible motivation IS to give
universities an out/excuse for dumping current Sennin Koushi and/or
hiring even Japanese as contract Kyoujo. (E.g., while before it
was “impossible” to get rid of bad Sennin hires, now this name
change, and the additional clarification regarding the nature of
these positions included with the announcement, schools seem to have
an excuse and/or window of opportunity to make changes….)

Bern Mulvey, Miyazaki, Kyushu
/////////////////////////////////////////////////

THE POINT: MoE is beginning to play with the language to make positions below Full Professor (kyouju) now non-permanently tenured. The noose just keeps on tightening for academics in Japan.
Arudou Debito in Sapporo
October 29, 2006

DEBITO.ORG NEWSLETTER OCT 24 2006

Posted on by Dr. Debito Arudou

mytest

debito.org NEWSLETTER OCT 24 2006

Hello everybody. Arudou Debito here, emailing you during a layover at Narita Airport. Just got finished with my travels (Oct 4-22), so here’s an update on what’s transpired:

/////////////////////////////////////////////////////
1) ERIC JOHNSTON ON MCGOWAN LAWSUIT APPEAL VICTORY
2) AERA/MAINICHI ON 2-CHANNEL’S NISHIMURA
3) SHUUKAN PUREIBOI/JAPAN TIMES ON GAIJINIZING THE PUBLIC:
POLICE CHECKPOINTS NOW HAPPENING TO JAPANESE
4) WORLD TOUR II: TOKYO, CANADA, AND SEATTLE,
AND THE MURRAY WOOD CHILD ABDUCTION CASE DOCUMENTARY
/////////////////////////////////////////////////////
Debito.org newsletter dated October 24, 2006
Freely Forwardable

1) ERIC JOHNSTON ON MCGOWAN COURT VICTORY

This article comes from Japan Times Reporter Eric Johnston specially for this newsletter and debito.org. Please note that the opinions expressed in this article are his, and not necessarily those of The Japan Times. I enclose his article in full, because you won’t get this degree of analysis anywhere else:

——————–ARTICLE BEGINS————————–
McGOWAN COURT VICTORY AVOIDS THE REAL ISSUES
By ERIC JOHNSTON
Special to Debito.org

On Oct. 18th, the Steve McGowan case ended with a partial victory, when the Osaka High Court awarded him 350,000 yen. McGowan had sued Takashi Narita, the owner of an eyeglass store [G-Style, see http://gs-gstyle.jp ] in Daito, Osaka Pref. for racial discrimination, after Narita barred him from entering his store and told McGowan he didn’t like black people.

The court’s decision was welcomed by McGowan and his lawyers were, if not completely satisfied, at least relieved that the High Court did not simply repeat the District Court ruling which, as Debito has detailed so well elsewhere on this site (http://www.debito.org/mcgowanhanketsu.html), can be summed up as: McGowan “misunderstood” Narita and there is no evidence of racial discrimination.

But many of those who followed the case, especially human rights activists, remained worried. The High Court avoided ruling whether or not Narita’s words and actions constituted racial discrimination, a point that both McGowan’s lawyer and some of his supporters hammered home to reporters in the post-verdict press conference.

So what was the verdict? It was a very, very carefully, vaguely worded ruling that said Narita’s words and deeds were an illegal activity outside social norms. But, and this is the crux of the problem, it cited no written precedents. The phrase “outside social norms” smacks of paternalism, of a stern father privately scolding the bully. What social norms are we talking about, Dad, and could the court please provide all of us a list of the ones that are legal and illegal?

Furthermore, the phrase used in ruling about the social norms, “fuhou koui” can mean both “illegal activities” or “activities not covered by the scope of current laws on the books.” In this case, given the overall tone of the ruling and because the court ordered Narita to pay, the closer meaning in spirit is “illegal activities “.

But anybody familiar with the way Japan works can see the potential problem ahead. What is going to happen when the next person, Japanese or not, is barred entry into a store whose Japanese owner tells them to leave and then says they don’t like the color of their skin? Using the McGowan High Court ruling as a precedent, some future High Court can simply decide what the “social norms” are based only on what the judge or judges feel the norms are. They then have the power to decide, in the absence of clear, written precedents, whether or not those social norms have been violated to the extent that–even though there is nothing on the books–somebody should be punished.

In fact, using the logic of the Osaka High Court, the decision could have just as easily gone the other way. In other words, the High Court could have simply chosen to use the second possible definition of “fuhou koui”, and say that, although Narita’s comments may have been outside social norms, there is nothing on the books. Therefore, we cannot say that what happened was “illegal”. Therefore, plaintiff’s motion denied.

It is to the eternal credit of the Osaka High Court that their judges made a decision far more moral and ethical than the District Court. However, good intentions often make bad law. By avoiding ruling on the crux of McGowan’s complaint, that Narita’s remarks were, in fact, a form of illegal discrimination, the more fundamental issue remains unaddressed. Namely, whether or not the McGowan case constitutes racial discrimination in a written, legal sense, as opposed to unwritten “social norms” where determination about their violation, and authority for their punishment, is controlled by the whims of a few judges.

The McGowan ruling simply reinforces the importance of having a national, written, easily understandable law banning racial discrimination, a point made by a range of people from McGowan, to 77 human rights groups, to the United Nations itself. As of this writing, it appears unlikely that McGowan will appeal to the Supreme Court to push for a clear ruling on the question of racial discrimination. Many of his supporters pushing for a national law banning discrimination don’t appear to be eager to take his case further and are, rather, content to let McGowan remain a symbol of the need for such a law. In the meantime, the basic question about what constitutes racial discrimination in Japan and what does not remains unanswered.
——————–ARTICLE ENDS—————————-

COMMENT FROM ARUDOU DEBITO:

Agreed. As I argued in my Japan Times article of Feb 7, 2006
(http://www.debito.org/mcgowanhanketsu.html#japantimesfeb7)
the previous Osaka District Court ruling was made by a cracked judge. He established (deliberately or inadvertently) a precedent which would effectively deny any foreigner his right to sue for racial discrimination in Japan. Fortunately, this High Court reversal sets things back on kilter, but lowers the market value for suing for this kind of thing (it was 1 to 1.5 million yen; McGowan’s award of 350,000 yen, or about $3500 US, won’t even cover his legal fees!) while ignoring even the existence of racial discrimination

That’s a shame. But it’s better than before, and far better than if McGowan did not appeal. Just goes to show that if you want to win one of these things, you’d better have a completely watertight case. Default mode for Japanese judges is siding with the alleged perpetrator.

Thanks to Steve for keeping up the fight! Send best wishes to him at
stevetsuruinc@msn.com

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

2) MAINICHI ON 2-CHANNEL’S NISHIMURA

2-Channel, the world’s largest online BBS, and a hotbed for freedom of speech gone wild to the point of libel, is facing hard times. With owner and administrator Nishimura Hiroyuki refusing to even show up in court, let alone pay court-awarded damages for libel (see my court win against him at http://www.debito.org/2channelsojou.html), he’s apparently dangerously close to declaring bankruptcy, even disappearing from society altogether. Ryann Connell translates an article for the Mainichi. Excerpt follows:

—————-EXCERPT BEGINS————————-
Operator of notorious bulletin board lost in cyber space
http://mdn.mainichi-msn.co.jp/waiwai/news/20061010p2g00m0dm020000c.html

…Nishimura has been reported by Japan’s tabloid media as “missing” — with the strong implication that he’d run away from massive debts brought on by a huge number of lost lawsuits that he consistently refused to contest by showing up in court. But the women’s weekly says it has managed to track him down and find out about the rumors of his disappearance.

“I’m just hanging out like I always do,” Nishimura tells AERA with a blog posting that serves as answers to its e-mailed questions.

Nishimura defends his decision not to contest the myriad of lawsuits filed against Ni-Chaneru.

“I’ve been sued in the north as far as Hokkaido and the south as far as Okinawa. It’s simply not possible to attend every court case where I’ve been named as a defendant. I figure if I can defend myself in every case, it’s exactly the same as not turning up in my defense,” he tells the weekly indirectly.

[ED’S NOTE: Huh???]

Nishimura also strongly denies suggestions that he’s gone bankrupt, which many have speculated may be the main reason nobody seems able to find him now….

The plaintiff took the drastic step because Ni-Chaneru has consistently refused to pay up when courts have declared it a loser in court cases. It has already been ordered to fork out more than 20 million yen over lost lawsuits.

“If they put the Ni-Chaneru domain up for auction, it’d reap tens of millions of yen for sure… There’s bound to be a company out there that would buy it.”
—————–EXCERPT ENDS————————–
Rest at http://www.debito.org/?p=48

QUICK COMMENT: I’m beginning to think that Nishimura’s pathological aversion to responsibility has nothing to do with his self-proclaimed role as a guardian of Japan’s freedom of speech (http://www.ojr.org/japan/internet/1061505583.php). More as the story unfolds. Thanks to Mark as always for keeping me informed.

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

3) GAIJINIZING THE PUBLIC: POLICE CHECKPOINTS NOW HAPPENING TO JAPANESE

I have reported on police random ID checks of foreign-looking people (justified by the authorities as a means to curb illegal aliens, terrorism, and infectious diseases) at length in the past. Cycling, walking, appearing in public, staying in a hotel, even living in a place for any amount of time while foreign have been grounds for spots ID Checks and police questioning in Japan. More at:
http://www.debito.org/TheCommunity/communityissues.html#police

One of my pet theories is that Japan has a habit of “guinea-pigging the gaijin” with policy proposals. In essence, before you institute a new national policy, foist it on the foreigners–since they have fewer rights guaranteed them by law. Then propose a new-and-improved version for the nationals. It worked for increasing surveillance cameras for the general public (first Kabukichou, then onwards), and for undermining tenure with contract employment in tertiary education (http://www.debito.org/activistspage.html#ninkisei). It didn’t work for universal ID cards (remember the moribund Juki-Net system?). Now the police are working on expanding their authority further, to include Japanese citizens in their random ID checks.

I’ve come to see Japan as a benign police state. Remember–this is the land of the prewar Kempeitai thought police, “katei houmon” home visits by school teachers (with the express aim to snoop on students’ lifestyles, see http://www.debito.org/kateihoumon.html), and neighborhood watch systems still visible as the defanged “chounaikai”. Well, this new police putsch is receiving news coverage with advice. Excerpt follows:

—————-EXCERPT BEGINS————————-

Police shakedowns on the rise
By MARK SCHREIBER
Original article appeared in Weekly Playboy (Oct. 16)
Translation appeared in The Japan Times: Sunday, Oct. 8, 2006
http://search.japantimes.co.jp/cgi-bin/fd20061008t2.html

Last January, I was rushing past the koban [police box] at the west exit of Shinjuku Station en route to a meeting and suddenly this cop halts me, saying, ‘Will you please submit to an inspection of what you’re carrying on your person?’ ” relates editor Toshikazu Shibuya (a pseudonym), age 38. “I happened to be carrying this Leatherman tool, a pair of scissors with a 3-cm-long folding knife attachment in the handle. The next thing I knew, he escorted me into the koban.”

Shibuya vociferously argued that he used the tool for trimming films and other work-related tasks. “There’s no need for that gadget, you can find something else,” the cop growled, confiscating it.

Several weeks later Shibuya was summoned to Shinjuku Police Station to undergo another round of interrogation. After an hour, he was let off with a stern warning that possession of such scissors was illegal, and made him liable to misdemeanor charges.

Weekly Playboy reports that police have been conducting these shakedowns of the citizenry as part of an “Emergency Public Safety Program” launched in August 2003. In 2004, the number of people actually prosecuted for weapons possession misdemeanors uncovered during these ad hoc inspections, referred to as shokumu shitsumon (ex-officio questioning), reached 5,648 cases, double the previous year, and up sixfold from 10 years ago.

“I think you can interpret it as an expansion of police powers,” says a source within the police. “They are taking advantage of citizens’ unfamiliarity with the law to conduct compulsory questioning.”

In principle, police are not empowered to halt citizens on the street arbitrarily. The Police Execution of Duties Law, Section 2, states that an officer may only request that a citizen submit to questioning based on reasonable judgment of probable cause, such as suspicious appearance or behavior.

Moreover, Weekly Playboy points out, compliance to such a request is voluntary, i.e., you have the right to refuse….

What should you do if you’re stopped? Weekly Playboy offers several suggestions, including recording the conversation and carrying a copy of the relevant passage of the law to show you know your rights. Since cooperation is voluntary, you can refuse; but an uncooperative attitude might be regarded with suspicion. Raising a ruckus in a loud voice might cause a crowd to gather and convince the cop you’re more trouble than it’s worth….
—————–EXCERPT ENDS————————–
Rest at http://www.debito.org/?p=47

COMMENT:
Hm. Good advice. Exactly the advice I’ve been giving for close to a decade now on debito.org, as a matter of fact. See
http://www.debito.org/whattodoif.html#checkpoint
But I wouldn’t recommend you raising a ruckus if you’re a foreigner. I’ve heard several cases of people (foreigners in particular) being apprehended and incarcerated for not “cooperating” enough with police, so beware. Point is it’s getting harder to argue racial profiling when Japanese are also being stopped and questioned. However, the difference is that the article’s advice doesn’t apply as well to foreigners–all the cop has to do is say he’s conducting a Gaijin Card search and you’re nicked.

Enjoy life in Japan. Keep your nose clean and short.

/////////////////////////////////////////////////////
Finally, put last because this is the most personal part of the newsletter…

4) WORLD TOUR II
SPEECHES AND PRESENTATIONS IN TOKYO, VANCOUVER, KAMLOOPS BC, AND SEATTLE
AND THE MURRAY WOOD CHILD ABDUCTION CASE DOCUMENTARY

This was my second excursion abroad to talk about issues in Japan (last March was the first, at U Michigan Ann Arbor, NYU, Columbia Law et al), and on this eighteen-day journey I gave a total of seven presentations (two of them papers), at Temple University Japan, Tokyo University, Thompson Rivers University (Kamloops, Canada), University of British Columbia in Vancouver, and University of Washington Jackson School of International Studies. You can see what I said where on this trip, along with other links to older speeches, powerpoint presentations and papers (now totalling 100 since 1995) at
http://www.debito.org/publications.html#SPEECHES
They all went really quite smoothly–well-attended, full of questions and comments, accompanied by great hospitality from all my hosts (and I had hosts and places to stay in every port of call; thanks forthcoming to them individually).

Of particular note was the atmosphere at the Japan Studies Association of Canada (JSAC) annual meeting in Kamloops. Despite some initial trepidation, people turned out to be welcoming of an activist (I guess it made a difference from often bone-dry academia); I sold more books there (more than thirty) than ever before. Also, in addition to presentations on “communities within communities in Japan (my aegis), JSAC hosted sections on demography and future welfare, education, security issues, history, and artsy-fartsy stuff. It was enjoyable to coast between presentations and feel the different atmospheres depending on disciplines: Luddite handouts and OHPs with the “continuous-retread touchy-feeley” cultural studies, cloak-and-dagger “what if” theories of the security hawks (North Korea, after all, had just been confirmed as nuclear), and the “See I’m telling you so! Here comes the brick wall” portentous presentations of the demographers. Kudos to friend (and host) Joe Dobson and company for putting this thing on.

The best part of JSAC for me was the fact that the Canadian Ambassador of Japan, Joseph Caron, not only put in an appearance–he stayed two nights and even chaired two sessions at the conference! (Imagine the American Ambassador doing that!) Ambassador Caron proved himself a true gentleman at our farewell dinner, where I got to ask a question and got an impressive answer. But first a segue for context:

—————SEGUE BEGINS: THE MURRAY WOOD CASE——————-

When I first arrived in Vancouver on October 8, I was met by Murray Wood, his partner Brett, and two cameramen. They were all here to film a documentary on the Murray Wood Case, a cause celebre gathering steam in Canada as a major human rights case.

I have mentioned this case briefly in previous newsletters, but let me synopsize again: The Murray Wood Case started when Murray and Ayako Maniwa met, married, and had two children. A former flight attendant at Air Canada, Ayako was by all accounts (Murray’s family was most open with their criticisms as we enjoyed Canadian Thanksgiving dinner in front of the cameras) unconcerned with the welfare of her children–so much so that even the Supreme Court in British Columbia awarded Murray custody of their kids after they split up. However, Ayako, under a ruse to visit her family in Saitama, abducted the children and severed all contact with their father. This is not a matter of he-said she-said: The Canadian police have a warrant out for her arrest if she ever comes to Canada again.

Given Japan’s unenforcable or nonexistent child-custody and visitation laws after divorce, and the dubious honor of being the only G7 country not to sign the Hague Convention on the Rights of the Child, Japan has become a safe haven for international abductions. However, what makes this case interesting is that Murray actually tried to work through Japan’s judicial system to get custody back. However, Saitama’s Family District and High Courts were unaccommodating. They ignored Canadian court judgments in their entirety and awarded Ayako custody–essentially because a) the children should not be uprooted from their present surroundings, and b) “fairness”. Judges claimed in their ruling (which I read but cannot provide a link to at this time) that Ayako had not said her piece in Canadian court (she never showed up to give it); but since she appeared in Japanese court, the judges ruled that their opinion (in her favor) more adequately reflected both sides! The Government of Canada is not happy with this outcome, and Murray has gotten a lot of press across Canada. As so he should. More substantiation on all these claims from
http://www.crnjapan.com/people/wom/en/
http://www.debito.org/successstoriesjune2006.html
http://www.google.com/search?num=100&hl=en&lr=&safe=off&q=Murray+Wood%2C+Ayako&btnG=Search
Murray Wood reachable at amw@telus.net.

The case has garnered enough attention for two cameramen, one named David Hearn (reachable at david@ghosty.jp), to come all the way from Los Angeles and Tokyo to film it. Over the course of three days, they interviewed more than a dozen people of authority, family members, and friends (even me) on what happened and what this meant to them. We have a good feeling about what got captured on video, and I’ll keep you posted on any developments. In the age of the powerful documentary, this could be a good thing indeed.

————————–SEGUE ENDS—————————–

Back to JSAC’s final dinner with Ambassador Caron speaking. The Consul General of Japan at Vancouver and his staff were there (I happened to be seated next to Consul Assistant Keith Fedoruk, a rather chinless local hire, and we talked, however briefly and uncomfortably, about the Otaru Onsens Case and racial discrimination in Japan. He said, “Can’t you use your language abilities and position as a citizen in Japan more constructively?” as he broke off conversation.) It was clear that people wanted things to remain nicely, nicely. Perfect timing for one of my questions. Something like:

“Thank you Ambassador Caron. As you know, it is my job to raise the difficult issues, so let me not act out of character. The Consul General mentioned in his earlier speech tonight about the communality between Canada with the high regard for human rights and the rule of law. I would like to raise the issue about the Murray Wood Case. Given that this case involves Canadian court decisions ignored to deny custody to Canadian citizens, I would like to know if your office will continue to pursue this. Your government has been very publicly supportive or human rights. Your predecessor, Ambassador Edwards, kindly gave us a strong letter of support during the Otaru Onsens Case. Child abductions after divorce are a serious problem which affects the rights of both of your countries’ citizens. What will you do in future to promote human rights between your countries?”

Yes, it was a long question, and I had no time to develop Murray’s Case. I expected a standard answer of “We know nothing. We’ll look into it.” But no!

Ambassador Caron actually knew Murray’s case, and even took time to describe it in more detail to the audience! He mentioned how important he considered it in particular and the issue in general, and he said that he would continue pushing Japan to sign the Hague Convention!

Breathtaking. When the party ended, chinless wonder sitting next to me (who had earlier agreed to at least show my donated J and E JAPANESE ONLY books to the Consul General for consideration for the Vancouver Japan Consulate library) simply walked away, leaving the books behind on the dinner table. Bit of a shock, but again, not out of character. I sold them later that night anyway. Ambassador Caron (who also knew the Onsens Case) gladly took a copy as well.

Let’s hope the Murray Wood Case continues to build up steam, since like the Otaru Onsens Case, it’s a watertight representation of a problem with all other alternatives at resolution exhausted.

———————————-

Lots more happened during this trip, but that was the highlight which is germane to this debito.org newsletter. If you want me to spin a few stories for the Friends’ email List (I still haven’t written out what happened on last March’s World Tour I), let me know at debito@debito.org. Always helpful to know if people out there are enjoying what they read.

Enough for now. I hear my plane back to Sapporo revving its engines.

Arudou Debito
Narita, Japan
October 22, 2006
debito@debito.org
http://www.debito.org

NB: If you wish to receive updates in real time on important issues and articles, you can view and/or subscribe to my blog at http://www.debito.org/index.php Newsletters will necessarily lag as they collate important information for the general public and media.

DEBITO.ORG NEWSLETTER OF OCTOBER 24, 2006 ENDS

DEBITO.ORG NEWSLETTER OCTOBER 3, 2006

Posted on by Dr. Debito Arudou

mytest

DEBITO.ORG NEWSLETTER OCTOBER 3, 2006

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1) J TIMES: DEVELOPMENTS IN FOREIGNER TRACKING AND QUALIFICATION
2) SPORT: BASEBALL “ANTI-GAIJIN” COMMENTS RE FOREIGN COACHES
3) J TIMES: ENFORCED “KIMIGAYO” PATRIOTISM RULED UNCONSTITUTIONAL
4) ROGUES’ GALLERY: “JAPANESE ONLY” SIGN IN OHTA-SHI, GUNMA PREF.
5) ADDITIONS TO UNIV BLACKLIST: RITSUMEIKAN, KYOTO SANGYO, KITAKYUSHU
6) ADDITIONS TO UNIV GREENLIST: UNIVERSITY OF AIZU
7) J TIMES ON LINGUAPAX ASIA CONFERENCE THIS WEEKEND AT TOKYO UNIV
(I’M SPEAKING THERE TOO:
LINKS TO MY PAPER AND POWERPOINT PRESENTATION BELOW)
/////////////////////////////////////////////////

Back issues, archives, and real-time updates at
http://www.debito.org/index.php
This post is freely forwardable.

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1) J TIMES: DEVELOPMENTS IN FOREIGNER TRACKING AND QUALIFICATION

These are some important developments in the future of immigration to Japan. Some proposals are quite sensible, if done properly. Article excerpts with comments follow:

“Foreigners to need ‘skills’ to live in Japan
Justice panel takes aim at illegal aliens”
http://search.japantimes.co.jp/mail/nn20060923a1.html
Japan Times, Sept 23, 2006

————-ARTICLE EXCERPT BEGINS———————
A Justice Ministry panel discussing long-term policies for accepting overseas workers said Friday the government should seek out those with special skills and expertise to cope with the shrinking labor force in Japan….

The proposal by the panel headed by Kono also claimed that reducing the number of illegal foreign residents will help the country regain its reputation as “the safest country in the world,” ultimately creating an environment where legal foreign workers can become a part of society. As suggested in the panel’s interim report released in May, the panel said foreigners who want to work in Japan, including those of Japanese descent, must have a certain degree of proficiency in the Japanese language to be granted legal status.
————-ARTICLE EXCERPT ENDS———————–

COMMENTS: I am largely in favor of these proposals, as long as the government (as I said in previous writings) keeps the language evaluation independently certifiable–not letting it become another means for labor force abuse (by allowing bosses to wantonly decide whether or not workers are “jouzu” enough).

Also glad to see they dropped the hitherto proposed “3% foreigner population cap” as unworkable. Inevitably they would end up kicking foreigners out as the Japanese population dropped. See the original proposal and a critique at
http://www.debito.org/japantimes071106.html

Also, got this comment from a friend:
—————————————————————
Did you see the results of the public comment drive for the Kono report? According to the report (available on the Justice Ministry website at http://www.moj.go.jp/NYUKAN/nyukan51-2-1.pdf), they got 437 responses (well, that they officially validated, but that’s another plate of sushi).

Of these, 426, or 98 percent, were opposed to expanding the number of foreign workers. Even those few who wanted to expand the the number of foreign workers apparently said that solving the problem of “public safety” was a condition for their agreeing. Proof, as if we need more, that the foreigners-as-dangerous-criminals-propaganda over the past five years or so has been chillingly effective.

I’d be curious to learn how many people you know or know of wrote in. If it was more than a dozen, I think a fair question to Mr. Kono would be whether the opinions of resident foreigners were included in the survey.
—————————————————————

Did anyone else respond to the MOJ request for info?
Please let me know at debito@debito.org.

Now for the next article concerning immigration:

“Govt to check foreign staff situation
Plans to have firms report worker details”
The Yomiuri Shimbun, Sept 23, 2006
http://www.yomiuri.co.jp/dy/national/20060923TDY01004.htm

————-ARTICLE EXCERPT BEGINS———————
By making it obligatory for companies to report foreign workers’ details, the government hopes to keep track of people on an individual basis, and to enhance measures for clamping down on those working illegally. In addition, it is hoped the measures will encourage foreign workers to take out social insurance, and allow central and local governments to offer better support to workers who have to change jobs frequently due to unstable contracts.

The government’s three-year deregulation program, finalized in March, discusses making it mandatory for firms to submit reports on their foreign employees and whether reports should include detailed information such as workers’ names and residence status. The policy is likely to prove controversial in light of the protection of foreign workers’ privacy and the impact of the new system on the economy.
————-ARTICLE EXCERPT ENDS———————–

COMMENT: Quite honestly, I am of two minds on this proposal. Depends on who the true target of this policy is: The employer (to force them to employ legal workers, and force them to take responsibility when they don’t? It would be about time.), or the foreign employee? (in another attempt to “track” them constantly, an extension of the proposed “Gaijin Chip” IC Card system? See my Japan Times article on this at
http://www.debito.org/japantimes112205.html )

It’s a wait-and-see thing for me, as there is no way to determine how it will be enforced until it is enforced. Witness the April 2005 revisions of hotel laws, requiring passport checks of tourists, which gave the NPA license to order hotels nationwide to demand passport checks of ALL foreigners (regardless of residency):
http://www.debito.org/japantimes101805.html.

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

2) SPORT: BASEBALL “ANTI-GAIJIN” COMMENTS RE FOREIGN COACHES

Story about frustrated player making anti-gaijin remarks about his coach, our own Hokkaido Nippon Ham Fighters Trey Hillman, who has had a simply incredible season (and may take the pennant for the first time for this new team). Excerpt follows:

————-ARTICLE EXCERPT BEGINS———————
At this stage of the season, the only thing any player should be thinking about is winning the pennant…

However, that was vastly overshadowed by the actions of Fighters starter Satoru Kanemura, who threw a major hissy fit due to being pulled by manager Trey Hillman in the fifth inning needing just one out to become the first Nippon Ham hurler to rack up five straight ten win seasons since Yukihiro Nishimura.

After the game, he told the press that. yanking him was “absolutely unforgivable” and then took a racial shot at Hillman, grumbling that, “because he’s a foreigner, he doesn’t care about players’ individual goals.” He then challeneged reporters to print his remarks. “I don’t even want to look at him,” Kanemura said of Hillman.

[Original Japanese: “Zettai ni yurusanai. Gaikokujin wa kojin kiroku wa dou de mo ii n deshou. Shinﾕyou ga nai tte iu koto. Kao mo mitakunai.”) (Doshin Sept 25)
http://www.hokkaido-np.co.jp/Php/kiji.php3?&d=20060925&j=0034&k=200609254200 ]

In addition, he accused the former Rangers farm director of being more indulgent with Iranian-Japanese righthander Yu Darvish than him. In the context of this little explosion, that also has a racial tinge to it. Kanemura also beefed that he didn’t think Hillman trusted him….

Kanemura… was immediately taken off the roster for the duration of the playoffs and told to not even show up at practice Monday…
————-ARTICLE EXCERPT ENDS———————–
Entire article at
http://www.japanbaseballdaily.com/pacificleague9-24-2006.html

Funny to hear a Japanese accuse a foreigner holding the group in higher regard than the individual…

Where this went next:

————-ARTICLE EXCERPT BEGINS———————
Kanemura suspended, fined Y2 million for criticizing Hillman
Japan Today, Tuesday, September 26, 2006
http://www.japantoday.com/jp/news/385253

TOKYO Nippon Ham Fighters right-hander Satoru Kanemura received a suspension until the end of the playoffs and a 2 million yen fine Monday for criticizing the decision of team manager Trey Hillman, officials of the Pacific League club said. Nippon Ham removed Kanemura from the active roster the same day, following the 30-year-old’s comments from the previous day…. (Kyodo News)
————-ARTICLE EXCERPT ENDS———————–

COMMENT: While I support the sanctions meted out (for “criticizing the manager’s decision”, not for a “gaijin coach slur”, note), why am I not surprised by this development? Is it a given or a natural law that sooner or later, somebody’s foreignness is inevitably made an issue of here? I know Japan isn’t alone in this regard by any means, but one can hope that things can improve. Especially given the degree of fan service and overall relaxedness that the Fighters under Hillman have displayed–and still look likely to win the pennant! Nice guys can finish first. It’s just a shame that in the heat of the moment, the race card (or gaijin card, whichever interpretation you prefer) has to surface.

Bravo to showing zero tolerance for this sort of thing. Kanemura apologized on his blog (not for the “foreign coach” thingie, however–see http://satoru-kanemura.cocolog-nifty.com), and the apology was accepted by Hillman.

But let’s go deeper. There are plenty of books and articles out there talking about how foreign players, umpires, even coaches are treated in Japan without the due respect they deserve, suffering great indignities due to their “gaijin” status.

And it wasn’t just Hillman last week. During the September 25 high school draft picks for professional teams, one of the stars, Ohmine Yuuta, got his hopes up to be picked by Softbank Hawks. It was supposed to be a done deal, but Bobby Valentine, coach of Chiba Lotte, put in a bid as well for him. As is the established precedent, both Softbank and Lotte drew from a lottery, and Lotte by chance won. Suddenly. Ohmine declined to join Lotte, which is quite a scandal in itself.

But you just gotta pick on the gaijin. The HS coach of Ohmine’s team, a Mr Ishimine Yoshimori, refused to even meet with Valentine on September 26, citing the following reason:

“Americans won’t comprehend our words or feelings.”
(amerikajin to wa, kotoba mo kimochi mo tsuujinai)

Thus Coach Ishimine publicly rebuked Valentine due to some kinda foreign “language barrier”. What an example to set in front of his students! Courtesy Sports Houchi September 27, 2006:
http://hochi.yomiuri.co.jp/baseball/npb/news/20060927-OHT1T00081.htm

Amazing. Major coaches with worldwide reputations, like Valentine, are thus in the end still just gaijin, shown rudeness unthinkable between Japanese in this context. Remember who Valentine is: He brought Lotte to its first pennant win last year in a generation–31 years–the first foreign coach ever to do so.
http://www.japantoday.com/jp/news/353246
It looks like Trey Hillman may be the second, two years running.

Final word: Shortly after I posted about Hillman, a friend brought up the argument that he didn’t see anything particularly racist or xenophobic about Kanemura’s comments. I answer that on my blog at
http://www.debito.org/?p=42

If the World Cup 2006 can explicitly make “no racism” an official slogan, isn’t it time for Japan’s sports leagues to stop sweeping this issue under the carpet, and make an official statement banning it as well?

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

3) J TIMES: ENFORCED “KIMIGAYO” PATRIOTISM RULED UNCONSTITUTIONAL

This matters to this newsletter because enforced patriotism (particularly in the ways emerging under the creep towards the right wing in Japan) is anathema to multiculturalization and multiethnicity. What are the children of immigrants to say when asked how much they love their country, and be graded on it? (As is happening in grade schools in Saitama and Kyushu.) The “Kimigayo” Issue, where here people are exposed to punishment and job dismissal if they don’t stand and sing the national anthem, is a bellwether. Fortunately, some people are willing to stand up for themselves. Consider some Tokyo educators:

“City Hall to appeal ‘Kimigayo’ ruling”
Japan Times, Sept 23, 2006
Courtesy http://search.japantimes.co.jp/cgi-bin/nn20060923a2.html

————-ARTICLE EXCERPT BEGINS———————
In Thursday’s ruling, presiding Judge Koichi Namba said the Tokyo school board cannot force teachers to sing “Kimigayo” before the flag or punish them for refusing to do so, because that infringes upon the freedom of thought guaranteed by the Constitution…

Tokyo Gov. Shintaro Ishihara said Friday that City Hall will appeal Thursday’s 12.03 million yen district court ruling against the “Kimigayo” directive, which obliges Tokyo’s teachers to sing the national anthem before the national flag at school ceremonies.

He also said punishing teachers for not obeying the directive from the Tokyo Metropolitan Government board of education was “only natural because they neglected their duties as teachers.”
————-ARTICLE EXCERPT ENDS———————–

COMMENT: Quite a blow — Tokyo District Court, usually quite conservative, actually ruled against the government. Bravo. No word, however, on whether this ruling actually reinstates the suspended teachers or reverses their punishments (I suspect not).

More on this issue in the LA Times at
http://www.latimes.com/news/nationworld/world/la-fg-flag22sep22,1,314185.story?ctrack=1&cset=true

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

4) ROGUES’ GALLERY: “JAPANESE ONLY” SIGN IN OHTA-SHI, GUNMA PREF.

The Rogues’ Gallery of Exclusionary Businesses, excluding customers by race and nationality (or a salad of the two), has just had an update. Joining the 19 cities and towns with a history of exclusionary signs is:

“Pub Aliw”, Iida-Chou, Ohta City, three blocks from JR Ohta:
http://www.debito.org/roguesgallery.html#Ohta
This in a town full of Japanese-Brazilians, and a Filipina pub to boot (looking for foreign arubaito, according to a notice on the lower part of the door–in English!). No foreigners allowed–unless they work here!

Nice lettering on the exclusionary sign, though. Nothing like being told “Get lost Gaijin!” in a nice font.

But all is not bad news replete with irony. Also added a photo of a yakiniku restaurant in egregious excluder Monbetsu City last summer (“Mitsuen”–Monbetsu Ph 01582-4-3656). You can see a picture of me tip-top condition (having cycled 800 kms to get there) getting a “JAPANESE ONLY” sign down from there. You can also see a cat posing with me, as she had just been fed by the owners. Cats welcome, foreigners not.
http://www.debito.org/roguesgallery.html#monbetsuaug06

Luckily, when we asked owners to take the sign down, they quickly complied! Pity it only took six years and a personal coaxing from us.

Also, and I might have mentioned this before, but what the heck: It’s irony that works in our direction…

An exclusionary sign also technically came down in egregious excluder Wakkanai City as well. Actually, public bath Yuransen (which not only illegally refused foreign taxpayers entry–it opened a segregated “gaijin bath” with a separate entrance, and charged foreigners more than six times the Japanese price to enter!) technically took its sign down because it went out of business. Photo at
http://www.debito.org/roguesgallery.html#wakkanaiaug06

So much for the claim by the management that letting foreigners in would drive them bankrupt…

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

5) ADDITIONS TO UNIV BLACKLIST: RITSUMEIKAN, KYOTO SANGYO, KITAKYUSHU

The Blacklist of Japanese Universities, a list of institutions of higher learning which refuse to provide permanent tenure to their foreign full-time faculty, has been revised again for the time being. It is a good indicator of how language instruction in Japan is being even further ghettoized in Japan’s tertiary education.

Joining the crowd of 98 Blacklisted universities is world-famous RITSUMEIKAN UNIVERSITY, which is upping its own ante to show the world how rotten they can make things for their foreigners. According to their most recent job advertisement, they are disenfranchising their foreign faculty further (with “shokutaku” positions), adding more languages to the roster of disenfranchised positions, and even cutting their salary (compared to a job ad of few years ago) by nearly a third!
http://www.debito.org/blacklist.html#ritsumeikan

KYOTO SANGYO UNIVERSITY is doing much the same thing, with contract positions containing a heavy workload and unclear extra duties:
http://www.debito.org/blacklist.html#kyotosangyo

Finally, long-Blacklisted KITAKYUSHU UNIVERSITY has arguably improved things, revising its job description to offer longer contract terms, with the possibility (they say) of permanent tenure for foreign faculty.
http://www.debito.org/blacklist.html#kitakyushu

We’ll just have to wait and see, as the programs were inaugurated in April 2006. Fortunately, according to foreign faculty at the school, KU does currently have tenured foreigners, which means that it has also been moved to the Greenlist.
http://www.debito.org/greenlist.html#kitakyushu

If you want an example of how things could be done more equitably in Japan’s university system, go to the GREENLIST OF JAPANESE UNIVERSITIES at
http://www.debito.org/greenlist.html

A good example of a nice job offer can be seen in the job advertisement for AIZU UNIVERSITY, which joins 31 other Greenlisted schools.
http://www.debito.org/greenlist.html#aizu

Bravo. Submissions to either list welcome at debito@debito.org.
Submission guidelines available on the lists.
(It may take some time for me to get to listing things, sorry. Volunteer work is like that.)

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

6) J TIMES ON LINGUAPAX ASIA CONFERENCE THIS WEEKEND AT TOKYO UNIV (I’M SPEAKING TOO)

Got some spare time on Saturday, October 7? Come to the Tokyo University Komaba Campus and see me and others speak on language issues. The Japan Times even covered it last weekend:

————-ARTICLE EXCERPT BEGINS———————
Personality Profile–Frances Fister-Stoga and Linguapax Asia
Japan Times Saturday, Sept. 30, 2006
http://search.japantimes.co.jp/cgi-bin/fl20060930vk.html

The Linguapax Institute, located in Barcelona, Spain, is a nongovernmental organization affiliated with UNESCO. Linguapax Asia, associate of the Linguapax Institute, carries out the objectives of the institute and of UNESCO’s Linguapax Project, with a special focus on Asia and the Pacific Rim. The objectives cover issues ranging over multilingual education and international understanding, linguistic diversity, heritage and endangered languages, and links between language, identity, human rights and peace. Frances Fister-Stoga, lecturer at Tokyo University, is director of Linguapax Asia…

This is the third annual international symposium organized by Linguapax Asia. It is open to the general public as well as to those with professional interest. Registration is not in advance, but at 8:30 a.m. on the day, Oct. 7, in building 18 of the Komaba campus of Tokyo University. The fee is 1,000 yen. The session will begin at 9 a.m.

Keynote speaker in the morning session will be Charles De Wolf, professor at Keio University, translator, writer and expert on East Asian and Oceanic languages. He will discuss multilingualism and multiculturalism. The afternoon keynote speaker will be Arudo Debito, a professor at Hokkaido Information University and author on human rights issues. He will discuss the question of language and nationality. A dozen other distinguished speakers and two workshops will round out the day.

Web site: http://www.Linguapax-Asia.org
————-ARTICLE EXCERPT ENDS———————–

For those who are unable to make it, you can download my paper (still in draft form) in Word format at
http://www.debito.org/arudoulinguapax2006.doc

Download my accompanying Powerpoint Presentation at
http://www.debito.org/arudoulinguapax2006.ppt

My paper’s abstract:
============ABSTRACT BEGINS=============================
In Japan, a society where considerations of “nationality” and “language possession” seem to be closely intertwined, the author finds from his personal experience that having Japanese citizenship is an asset to communicating in Japanese to native Japanese. More indicative is the author’s survey of over two hundred Japanese college students on “What is a Japanese?” over the course of ten years. His findings are that people who have Japanese language ability are more likely to be viewed as “Japanese” than if they do not–even if the fluent do not have citizenship. The author feels this non-racially-based construct for determining inclusion in a society is a very hopeful sign for Japan’s future as a multicultural, multiethnic society.
===========ABSTRACT ENDS================================

I think that’s about enough for today. Thanks as always for reading! I will be slower to respond while I’m on the road for the next three weeks…

Arudou Debito
Sapporo, Japan
debito@debito.org
http://www.debito.org

DEBITO.ORG NEWSLETTER OCT 3 2006 ENDS

J Times Sept 23 06: MOJ panel making more concrete immig proposals

Posted on by Dr. Debito Arudou

mytest

Foreigners to need ‘skills’ to live in Japan
Justice panel takes aim at illegal aliens
By JUN HONGO, Staff writer
Japan Times Sept 23 2006
http://search.japantimes.co.jp/mail/nn20060923a1.html
(COMMENT AT BOTTOM)

A Justice Ministry panel discussing long-term policies for accepting overseas workers said Friday the government should seek out those with special skills and expertise to cope with the shrinking labor force in Japan.

“The debate on whether to allow foreigners to enter the country and work here is over. The question now is how we should receive them,” Senior Vice Justice Minister Taro Kono said at a news conference.

The proposal by the panel headed by Kono also claimed that reducing the number of illegal foreign residents will help the country regain its reputation as “the safest country in the world,” ultimately creating an environment where legal foreign workers can become a part of society.

As suggested in the panel’s interim report released in May, the panel said foreigners who want to work in Japan, including those of Japanese descent, must have a certain degree of proficiency in the Japanese language to be granted legal status.

Kono called the government’s current policy of granting preferential treatment to people of Japanese descent a “mistake” and said the policy must be reconsidered.

“Many children of those ethnic Japanese who do not speak (the language) are dropping out of school, which must be stopped,” he said, adding that the lack of language ability is becoming a major problem for foreign workers.

“The government must take responsibility for building a system to teach Japanese to them,” Kono said.

The panel was set up in December to discuss new regulations for accepting foreign workers into the country. Japan’s foreign population is expected to grow as the country ages and fewer young people enter the workforce.

The panel sparked controversy in the May interim report by saying the ratio of foreign residents to the total population should not exceed 3 percent. The final version made no reference to how many foreign workers should be allowed in, saying only that number of foreigners should not exceed a certain percentage of the total population because it would create confusion that the government could not cope with.

“We decided not to mention the percentage this time, because the number itself captured so much attention last time,” Kono said.

Foreign nationals are currently estimated by the Justice Ministry to account for 1.2 percent of the country’s population.

The Japan Times: Saturday, Sept. 23, 2006
ENDS

COMMENTS: I am largely in favor of these proposals, as long as the government (as I said in previous writings) keep the language evaluation independently certifiable–not letting it become another means for labor force abuse (by allowing bosses to wantonly decide whether or not workers are “jouzu” enough).

Also glad to see they dropped the 3% as unworkable. Inevitably they would end up having to kick foreigners out as the Japanese population dropped. See the original proposal and a critique at http://www.debito.org/japantimes071106.html

Also, got this comment from a friend:
———————
Did you see the results of the public comment drive for the Kono report? According to the report (available on the Justice Ministry website). They got 437 responses (well, that they officially validated, but that’s another plate of sushi) Of these, 426, or 98 percent, were opposed to expanding the number of foreign workers. Even those few who wanted to expand the the number of foreign workers apparently said that solving the problem of “public safety” was a condition for their agreeing. Proof, as if we need more, that the foreingers-as-dangerous-criminals- propaganda over the past five years or so has been chillingly effective.

I’d be curious to learn how many people you know or know of wrote in. If it was more than a dozen, I think a fair question to Mr. Kono would be whether the opinions of resident foreigners were included in the survey.
———————
Did anyone else respond to the MoJ request for info? Please let me know at debito@debito.org.

Finally, that last line with the 1.2% foreign population figure. When are people going to get this figure right? This is the figure for the non-Zainichi foreign population. The total of REGISTERED foreigners is closer to 1.6%. It might seem a small difference, but it’s incorrect. Again, the product of reporters being spoon-fed and swallowing stats given to them from above. Even though we corrected them before. –Arudou Debito

Yomiuri Sept 23 06: Govt to have employers report info on foreign employees

Posted on by Dr. Debito Arudou

mytest

COMMENT: Quite honestly, I am of two minds on this proposal. Depends on who the true target of this policy is: The employer (to force them to employ legal workers, and force them to take responsibility when they don’t? It would be about time.), or the foreign employee (in another attempt to “track” them constantly, an extension of the proposed “Gaijin Chip” IC Card system? See my Japan Times article on this at http://www.debito.org/japantimes112205.html).

It’s a wait-and-see thing for me, as there is no way to determine how it will be enforced until it is enforced. As witnessed with the recent revisions of hotel laws, requiring passport checks of tourists, giving the NPA license to order hotels nationwide to demand passport checks of ALL foreigners (regardless of residency), see http://www.debito.org/japantimes101805.html. –Arudou Debito

—————————-
Govt to check foreign staff situation / Plans to have firms report worker details
The Yomiuri Shimbun, Sept 23, 2006
http://www.yomiuri.co.jp/dy/national/20060923TDY01004.htm

The Health, Labor and Welfare Ministry intends to make it mandatory for firms that hire foreign employees to report the number, name and nationality of such workers, ministry sources said Friday.

Currently, this information is submitted on a voluntary basis, and personal information is not included. As a result, the government does not have a detailed picture of the nation’s foreign workers.

With the new policy, the ministry will establish a reporting system that requires firms to submit foreign workers’ information. Companies that fail to turn in the necessary information will be subject to punishment. The ministry hopes the new measure will prevent foreigners from working illegally, while encouraging legitimate workers to take out social insurance.

The Labor Policy Council, an advisory body to the health, labor and welfare minister, will shortly start discussions on the measures and hopes to submit a bill to revise the Employment Promotion Law to the ordinary Diet session next year.

The nation’s declining birthrate and aging population has led to growing concerns over a labor shortage. Consequently, the government is working on ways to entice more foreign workers to the country.

According to reports on foreign employees submitted to the ministry’s public job security offices as of June 2005, about 340,000 foreigners had been hired by about 30,000 firms. These numbers are likely to keep increasing. Of the workers, 43 percent hailed from East Asia, followed by 30 percent from Central and South America.

However, according to the Justice Ministry, as of the end of 2005, registered foreigners numbered 2.01 million, 800,000 of whom were estimated to be working, including illegal workers, based on an analysis of their residence status.

There is a sizable difference between the two ministries’ figures.

The current system allows firms to choose whether to provide information to the government on their foreign employees, and only those firms with more than 50 employees are eligible to do so.

The government has been criticized for its sloppy monitoring of foreigners once they have entered the country, even though immigration procedures are rigorous.

By making it obligatory for companies to report foreign workers’ details, the government hopes to keep track of people on an individual basis, and to enhance measures for clamping down on those working illegally. In addition, it is hoped the measures will encourage foreign workers to take out social insurance, and allow central and local governments to offer better support to workers who have to change jobs frequently due to unstable contracts.

The government’s three-year deregulation program, finalized in March, discusses making it mandatory for firms to submit reports on their foreign employees and whether reports should include detailed information such as workers’ names and residence status. The policy is likely to prove controversial in light of the protection of foreign workers’ privacy and the impact of the new system on the economy.

Yomiuri Shinbun (Sep. 23, 2006)
ENDS

DEBITO.ORG NEWSLETTER SEPT 23 2006

Posted on by Dr. Debito Arudou

mytest

Good evening all. Arudou Debito in Sapporo here, with a roundup of recent articles I’ve been blogging recently:

Table of Contents:
////////////////////////////////////////
1) 2-CHANNEL’S DEFENDANT NISHIMURA “DISAPPEARS” (SHISSOU)
2) J TIMES: FUTURE CONFLICTS ON FOREIGN “OLDCOMERS” AND “NEWCOMERS”
3) YOMIURI: CRACKDOWN ON FOREIGN BUSINESSES IN COUNTRYSIDE
4) TOKYO GOV ISHIHARA TO RUN FOR THIRD TERM, DISSES “FOREIGNERS” AGAIN
5) ASAHI: MURDER SUSPECT TRIES TO BLAME CRIME ON “BLOND” MAN
6) KITAKYUSHU PROF BLAMES BAD ENGLISH EDUCATION ON FOREIGNERS WHO STAY TOO LONG
7) AKITA INTERNATIONAL UNIVERSITY ADDED TO BLACKLIST
////////////////////////////////////////

Newsletter dated September 23, 2006
Freely forwardable

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

1) 2-CHANNEL’S DEFENDANT NISHIMURA “DISAPPEARS” (SHISSOU)

I updated you last week (http://www.debito.org/?p=30 ) about my lawsuit against Japan’s largest Internet BBS, 2-Channel. Although they lost a libel suit to me last January, Owner and Adminstrator Defendant Nishimura Hiroyuki still hasn’t paid the court-ordered damages, moreover has ignored another series of paperwork my lawyers have filed to enforce the decision. Full details on the lawsuit at http://www.debito.org/2channelsojou.html#english

The news is that I just heard that Nishimura, with his invisible income, numerous personal blogs and online columns, and books published by the likes of Kodansha and Asukii, has made himself invisible. Yes, he’s just plain disappeared. Witness this newspaper article (translation mine):

============== BEGINS ==================
On September 22, it was established that Nishimura Hiroyuki (29), aka “hiroyuki”, administrator and operator of giant Internet BBS “2-Channel”, has disappeared (shissou joutai). This BBS is being run by Nishimura as an individual. Even after government organs have demanded that inappropriate posts be removed, and posters have their whereabouts revealed, [Nishimura] has let these things slide and not responded to orders to appear before courts. The worst case scenario is that “2-Channel”, an emblematic site to Internet industries, may even be shut down.
=============== ENDS ===================

I don’t know in what newspaper this appeared (it looks like a screen capture from a TV news show), but it is the genuine article, and visible at http://www.debito.org/nishimuradisappears.jpg

I have also heard rumors that Nishimura was about to declare personal bankruptcy, and has a gaggle of lawsuits following him to zap any above-board income (royalties etc.) he might legally receive. However, he’ll never be able to open and register a real company. If he does resurface (if he’s even still in the country) and declare himself bankrupt, he’ll apparently even lose the right to vote.

For the record, I do not support closing 2-Channel down (it is for millions a very valuable network). I only want it to take responsibility for filling the media with irresponsible information, so bad that even Japan’s cautious courts have determined in several cases to be libelous. Continuous evasion of these responsibilities as a member of the media may mean Nishimura gets his in the end. Keep a weather eye on this story…

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2) J TIMES: FUTURE CONFLICTS ON FOREIGN “OLDCOMERS” AND “NEWCOMERS”

Reporter Eric Johnston has done it again–another prescient scoop on what may become a pressing domestic issue in future: How a probable influx of foreign labor may cause frictions between foreigners themselves, i.e. the “Oldcomers” (the Zainichi generational foreigners) and the “Newcomers” (overseas-born immigrants, whose numbers are rising as the Zainichis’ fall). Excerpt:

============== EXCERPT BEGINS ==================
“I don’t think you’d see a level of violence between different ethnic groups that you see in other parts of the world because Japanese authorities and society would not tolerate it,” said former Tokyo Immigration Bureau chief Hidenori Sakanaka. “But it’s likely that established foreign residents would discriminate against groups of new foreigners, barring them from apartments, restaurants, or jobs.

“It’s already happening in cities like Tokyo, but it could become a much bigger problem nationwide in the future,” he said.

And newcomers facing job discrimination in particular, be it from long-term foreign residents or from Japanese, could find that groups like labor unions that have often been at the forefront of protecting the rights of foreigners may change their attitude if they begin to see foreign labor as a threat.

“I can see a large influx of foreign workers sparking opposition from Japan’s labor unions,” Sakanaka said.

“Compared to the Justice Ministry and the Ministry of Economy Trade and Industry, opposition within the Health, Labor and Welfare Ministry to large numbers of foreigners is quite strong, and much of this opposition reflects the opposition that exists in labor unions.” (Japan Times, Sept 12, 2006)
============== EXCERPT ENDS ====================

It also addresses issues such as education, discrimination, public policy, and a lingering ostrich mentality even amongst “progressive” (and Prime-Ministerial-aspiring) Dietmembers such as Kouno Taro. Blogged in full at
http://www.debito.org/?p=28

Speaking of internationalization tensions:

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

3) YOMIURI: CRACKDOWN ON FOREIGN BUSINESSES IN COUNTRYSIDE

Here’s a harbinger of future foreign entrepreneurialism:

============== EXCERPT BEGINS ==================
The Toyama prefectural government has instructed two businesses
targeting foreign residents to improve their business practices after
discovering they had disregarded the city planning law, The Yomiuri
Shimbun has learned.

The prefectural government intends to issue similar instructions for
seven other businesses in the near future. If the conditions of the
instructions are not met, the businesses will be ordered to cease
operations. If the orders are again ignored, the prefectural
government will file criminal complaints against them.

The Construction and Transport Ministry is demanding the prefecture
also investigate the about 170 such businesses in the area that are
believed to be on the edge of the law as part of a clampdown on
businesses encroaching on the countryside…

The nine businesses for which the guidance has been issued or
scheduled comprise five used-car dealerships, a mosque, a real estate
office targeting foreigners, a money exchange business and a
used-appliance store. The operators of the locations include Japanese,
Bangladeshis and Pakistanis, among others…

[And of course, the perfunctory allusion to foreign crime…]

In the neighboring areas, there are a large number of robberies,
burglaries and traffic violations committed by foreigners….

(Yomiuri Sept 13, 2006, http://www.debito.org/?p=29 )
============== EXCERPT ENDS ====================

Goes without saying, but I would expect any businessman regardless of nationality to follow Japan’s zoning laws. But based upon the number of these “shack businesses” I see springing up in the Hokkaido countryside (where our foreign population is miniscule), I can’t help but think that crackdowns and criminal procedures wouldn’t be so considered without the foreign element. Let’s hope these proceedings also target places without mosques and Russian customers…

Now for a man who really wants foreigners to come to his town–as long as it’s for the Olympics…

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

4) TOKYO GOV ISHIHARA TO RUN FOR THIRD TERM, DISSES “FOREIGNERS” AGAIN

Yes, the man who never misses an opportunity to slag somebody off (how dare the Fukuoka mayor put in an Olympic bid and compete with Tokyo, the center of the universe!) has decided to run for a third term as Tokyo Governor. Expressly so that he can shepherd his plans through for the 2016 Tokyo Olympics: Tokyo won the bid to be Japan’s champion on August 31.

That’s fine. But then Ishihara decided to punch below the belt when a critic just happened to be “foreign”:

============== EXCERPT BEGINS ==================
However, Ishihara’s trademark volatility came to the fore when Fukuoka supporter Kang Sang Jung, a professor of political science at the University of Tokyo–and a second-generation Korean born and raised in Japan–criticized Tokyo’s Olympic bid.

In his pre-vote speech, Kang provoked Ishihara’s ire by asking, “Can we win over world competitors with an Olympics of the rich, by the rich and for the rich?”

Ishihara replied in his speech, saying: “A scholar of some foreign country said earlier Tokyo has no philosophy. I do not know why.”

The governor then went on to make his displeasure clear later at a celebratory party, when he dismissed Kang as both “impudent” and an ayashigena gaikokujin (dubious foreigner).

(Asahi Sept 1, 2006, http://www.debito.org/?p=27 )
============== EXCERPT ENDS ====================

Aim high, shoot low. This caused quite a furor with human rights groups, since Ishihara promised to stop making these types of discriminatory remarks in 2000 after the firestorm wreaked by his “Sankokujin” (basically meaning “lesser-nation foreigners” in vernacular use) Speech to the Self Defense Forces (where he called for foreigner round-ups in the event of a natural disaster). For good measure, on September 15, Ishihara then talked about illegal immigration from the, quote, “sankokujin” all over again.

People have filed complaints, for what they’re worth (links in Japanese):
http://news.goo.ne.jp/news/asahi/shakai/20060916/K2006091504340.html?C=S
http://news.goo.ne.jp/news/asahi/shakai/20060920/K2006092004280.html
http://www3.to/kmj1

Can hardly wait to see how Ishihara assesses all the foreigners who come to spend money here during the Olympics… Given Japan’s overreaction to world-class sporting events, viz. the World Cup in 2002, I’m not optimistic.
http://www.debito.org/WorldCup2002.html

I’m also not all that optimistic about Ishihara getting the boot in the next election. But one can dream.

Meanwhile, the beat goes on with people blaming foreigners for their ills:

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

5) ASAHI: MURDER SUSPECT TRIES TO BLAME CRIME ON “BLOND” MAN

It’s quite a famous case up here in Hokkaido, where a kid from a broken family in Wakkanai, Japan’s northernmost city, apparently tried to get his friend to help kill his mom. It’s a pretty sad case, covered assiduously by the Wide Shows, of yet another example of Japan’s apparent decline in morals. It’s further complicated (as far as this newsletter is concerned) by the following fact:

============== EXCERPT BEGINS ==================
The victim’s son had initially told investigators that he saw a man with blond hair running away from his home, and the first-floor living room appeared to have been ransacked. Investigators suspect that the two attempted to cover up their involvement.

(Mainichi, Aug 29, 2006, http://www.debito.org/?p=32 )
============== EXCERPT ENDS ====================

Fortunately, the police saw through this. But given the NPA’s long history of targeting foreigners (got lots of links, but I’m not going to include them all in this already long-enough post), I’m happy that they didn’t jump to conclusions (especially given the often-sour relationship between Japanese seaports and disembarking Russians, which I have also catalogued in great detail in the past).

The point I’m trying to make is this: This is yet another attempt to pin Japanese crime on foreigners. It didn’t work this time, but how many crimes in Japan which are suspected to be committed by “foreigners” are thusly red-herringed? Does wonders for the foreign crime rate. And this is not alarmism–I have archived two other cases in 2004 of “gaijin nasuri tsuke”, one involving a youth gang attack, the other an indolent trucker:
http://www.debito.org/aichibikergangpatsy.html

By the way, an interesting note about this article. The original Japanese at
http://www.mainichi-msn.co.jp/shakai/jiken/news/20060829k0000e040014000c.html
does NOT mention the blond man at all. It only says that the suspect saw “an unknown man” (mishiranu otoko) running away from the house’s genkan. Well, maybe both the media and the police are becoming more careful about how they investigate things nowadays. Good.

Now, how about some specious research from our intellectual best and brightest?

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

6) KITAKYUSHU PROF BLAMES BAD ENGLISH EDUCATION ON FOREIGNERS WHO STAY TOO LONG

Professor Noriguchi Shinichiro of Kitakyushu University (whom I have on very good authority is a very progressive individual) does himself few favors, with one of those navel-gazing essays on how bad Japan’s English-language education is.

After lashing out at unqualified Japanese teachers, Noriguchi then lumps in foreign instructors as a factor–not for any qualifications they lack, but rather because of qualifications they apparently lose over time:

============== EXCERPT BEGINS ==================
In particular, native speakers who have lived in Japan for more than 10 years tend to have adapted to the system and have become ineffective as teacher–this is also partly because their English has become Japanized and is spoken to suit the ears of their Japanese students.

(Asahi, Sept 15, 2006, http://www.debito.org/?p=34 )
============== EXCERPT ENDS ====================

I see. A foreigner who is less adjusted is axiomatically more effective. Hmm. Damn those foreigners for becoming used to the system, getting their bearings, and “Japanizing” themselves. How dare they? It’s even unprofessional.

I guess we can also assume that this means we should not give permanent tenure to foreign faculty in Japanese Universities, because they have a shelf life (instead of a learning curve). It certainly is logic that would happily be used by unscrupulous university employers (I have a list of them at http://www.debito.org/blacklist.html).

This argument, by the way, is quite similar to the one used by Asahikawa University in a famous precedent-setting lawsuit called the Gwen Gallagher Case (who was fired after more than a decade of service for no longer being, quote, “fresh” enough, see http://www.debito.org/activistspage.html#ninkiseigallagher). I wonder if Noriguchi would enjoy being lumped in this kind of company.

So it’s one prof’s opinion, BFD. Unfortunately, Noriguchi’s essay appeared in one of Japan’s most influential, well-read, and prestigious columns called “Watashi no Shiten” in the Asahi.

I think he should issue a retraction. You can encourage him to do so via email at
snori@kitakyu-u.ac.jp
http://www.kitakyu-u.ac.jp/foreign/in/noriguchishinichiroin.htm

Speaking of universities:

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

7) AKITA INTERNATIONAL UNIVERSITY ADDED TO BLACKLIST

The Blacklist of Japanese Universities, a list of tertiary-educational employers who refuse to employ full-time foreign faculty on permanent-tenure terms (i.e. without contract–unlike most universities, which tenure full-time Japanese from Day One of hiring), has just gotten one addition.

It’s AIU–which has Gregory Clark as its Vice President. More on Clark at
http://www.debito.org/PALEspring2000.html
http://www.debito.org/gregoryclarkfabricates.html
http://www.debito.org/onsensclarkjtimes122599.html

It’s a bit of a surprise. Akita International University was opened a couple of years ago to offer “a radically new approach to education in Japan”–with classes entirely in English, overseas immersion, and other progressive educational strategies.

Which is sad because it seems to have lapsed back into bad old systemic habits:

==============================================
NAME OF UNIVERSITY: Akita International University (Private)
LOCATION: 193-2 Okutsubakidai, Yuwa, Tsubakigawa, Akita-City, Akita
http://www.debito.org/blacklist.html#aiu

EMPLOYMENT ABUSE: Despite wanting PhDs (or the equivalent) for faculty, AIU offers 3-year contracted positions with no mention of any possibility of tenure, plus a heavy workload (10 to 15 hours per week, which means the latter amounts to 10 koma class periods), a four-month probationary period, no retirement pay, and job evaluations of allegedly questionable aims. In other words, conditions that are in no visible way different from any other gaijin-contracting “non-international university” in Japan. Except for the lack of retirement pay.

SOURCE OF INFORMATION: Job advertisement in the Chronicle of Higher Education, dated September 2, 2006. http://chronicle.com/jobs/id.php?id=0000469416-01 (or visit http://www.debito.org/aiudata.html).

Other unofficial sources of dissent available on the Chronicle’s forums at
http://chronicle.com/forums/index.php?topic=28632.0
==============================================

There will be more additions to make to my lists (including the Rogues’ Gallery of Exclusionary Businesses) when there’s time. They’ll be on my blog first, of course. Again, to receive things in real time, subscribe at http://www.debito.org/index.php
////////////////////////////////////////

All for today. Thanks very much for reading!

Arudou Debito
Sapporo, Japan
debito@debito.org
http://www.debito.org
NEWSLETTER SEPT 23 ENDS

Asahi Sep 15 06: Kitakyushu prof discusses problems with English language education

Posted on by Dr. Debito Arudou

mytest

COMMENT: For archival purposes: Kitakyushu University Prof argues (in one of Japan’s premier opinion columns) that one problem with English education is that foreigners stay here too long. Quote: “…native speakers who have lived in Japan for more than 10 years tend to have adapted to the system and have become ineffective as teachers–this is also partly because their English has become Japanized and is spoken to suit the ears of their Japanese students.”

I assume that this means we should not give tenure to foreigners, and that the Gwen Gallagher vs Asahikawa University Case (fired after more than a decade of service for no longer being, quote, “fresh” enough, see http://www.debito.org/activistspage.html#ninkiseigallagher) is moot.

————————
POINT OF VIEW/ Shinichiro Noriguchi：English education leaves much to be desired
09/15/2006
SPECIAL TO THE ASAHI SHIMBUN
http://www.asahi.com/english/Herald-asahi/TKY200609150129.html

More than 100 years ago Natsume Soseki, a great writer in the Meiji Era (1868-1912), wrote, “These days young people studying abroad and coming back to Japan speak English fluently, but the content is shallow, almost nothing. Why? They do not possess the spiritual backbone–Chinese classics.”

This situation seems not to have changed since then; indeed, it may have become worse, because the number of shallow-minded youths is ever increasing.

Why has this happened? Who is responsible? What should we do to correct what is clearly a deplorable situation?

Based upon my 40 years of experience as an English teacher I would like to make some suggestions about the teaching of English at both the high school and university levels.

First, let me clearly say that Japanese society has been completely duped by the idea that the TOEIC test and the development of “communicative” skills in English will finally solve the long-standing problem of inept English education.

Japan’s higher education is helplessly caught in the trap of the TOEIC and “communicative English” diseases. TOEIC is simply another version of the university entrance examination, a form of assessment that has been severely criticized in the past. The TOEIC has simply been skillfully masked by corporations to appear up-to-date. The content is shallow and does not present any real challenge to the test-taker. Students can achieve higher scores by taking TOEIC-focused classes and cramming. It is for this reason that Japanese English instructors can do a better job teaching TOEIC classes than native-speaking English teachers.

Second, many teachers have been corrupted by the lax attitude toward teaching the English language in Japan. Since not much is expected of students, teachers expect little of themselves. They have created and perpetuated an unhealthy situation in which students who are eager to better their English have in fact little opportunity to improve their skills.

The government, in particular the education ministry, together with Japanese corporations, have been accomplices in creating this lamentable situation. They are blindly intoning the mantra of “communicative English” and the benefits of TOEIC, which is now in fact established as the standard by which English ability is measured. Many have come to believe that “communication” simply means the ability to speak English.

They no longer think that reading and writing in English are a true means of communication. As a result, a strange phenomenon has occurred. Our society has once more revealed its weakness as a homogeneous society, swinging from one extreme to the other. The companies that create and cater to the TOEIC test probably can’t stop laughing at this situation from which they derive great profit.

We should recall the now-forgotten fact that it was through the ability to read English that Japan was able to catch up with Western culture and technology in the Meiji and Taisho (1912-1926) eras. Many university English teachers have been complicit in these developments. They do not spend sufficient time and energy testing what students have learned in class or correcting what they have written in English.

We should fully grasp the extent of the change that has taken place and acknowledge that there is a clear difference between spoken and written English.

There are many people who, despite errors and despite the frivolous subjects about which they talk, can speak English with reasonable fluency, but they cannot write even a few sentences in correct English. The point here is that if we can write our ideas in English correctly, we will become skilled communicators.

The best way to correct this problem is to have our writing in English corrected by native English teachers, but this is not always possible. They must earn a living. Many are part-timers teaching a large number of classes at various universities, where they often simply go through the motions of teaching. But blame should not be placed upon the native speakers, because our society has allowed them to take advantage of Japan’s lax attitudes toward English education.

In particular, native speakers who have lived in Japan for more than 10 years tend to have adapted to the system and have become ineffective as teachers–this is also partly because their English has become Japanized and is spoken to suit the ears of their Japanese students. Some of these teachers are not aware of this.

It is, of course, Japanese university teachers of English who are most responsible for the depressing results of university-level English instruction.

It is a fact, however odd, that some university teachers of English failed the public junior and senior high school English teacher’s examinations, and then entered post-graduate schools only as a second choice.

Within a few years, however, they start teaching English at universities and are qualified to issue credits to students studying for the high school English teacher’s license. University teachers, of course, do not need a license of any sort to teach at universities. The education ministry often creates rules and standards that defy common sense.

The English ability of English-teaching staff is, frankly speaking, often poorer than that of capable students, especially when it comes to speaking and listening comprehension. Regardless of their academic fields–American or English literature, transformational grammar, phonetics, cultural studies–university instructors should possess thorough knowledge of the language and solid practical English skills. To improve university English education, I would propose the following:

・English teachers should have passed the first grade of STEP or achieved a score of over 600 on the TOEFL test;

・Teachers should study abroad, for at least one year, in an English-speaking country;

・The university English curriculum should place far greater emphasis on the reading and writing of English;

・English teachers should spend at least three years teaching English in high schools or prep-schools;

・The education ministry should devise a licensing system for university English teachers.

　　　*　　　*　　　*

The author is professor of English at the University of Kitakyushu.(IHT/Asahi: September 15,2006)

J Times Sept 12 06: Johnston on conflicts between “oldcomers” and “newcomer” foreigners

Posted on by Dr. Debito Arudou

mytest

Trouble looms as foreign labor floods in

Integration issues, conflicts between older, newer arrivals a challenge
By ERIC JOHNSTON, Staff writer

Courtesy http://search.japantimes.co.jp/mail/nn20060912f1.html

OSAKA — It’s 2030, and Japan is facing an unprecedented social problem. For the past quarter-century, ever since the population began declining, the government has encouraged the hiring of foreign laborers. But measures to control immigration have failed, and in some towns and villages foreigners now make up more than half the population.

Long-term foreign residents, who are more prosperous and politically connected than recent arrivals, worry the government is ignoring them and focusing only on the influx of newcomers, while labor unions complain foreign laborers are stealing their jobs.

As the problems mount, the public and media have begun asking why these problems weren’t anticipated in the first decade of the 21st century, when it became apparent Japan would need foreign workers.

For the past several years, politicians, bureaucrats, human rights activists and business leaders have been thinking about how to avoid the scenario described above. With Japan’s population now in decline and the need for more foreign labor becoming increasingly apparent, the issue of how to deal with newcomers has become a concern not just for Japanese but for long-term foreign residents, especially Koreans.

“There’s been much discussion on how to deal with the newcomers, which means those who have come to Japan mostly over the past few decades, and of creating policies for bringing in more foreign laborers,” says Bae Joong Do, a Kawasaki-based Korean rights activist. “But Japan has failed to adequately care for it’s ‘oldcomer’ foreigners who came during, or before, World War II and are now growing old.”

In March, the Internal Affairs and Communications Ministry announced a plan to create a society in which Japanese people can coexist with those from other cultures.

To integrate foreigners into society, both those who are here now and those who may come in the future, the ministry recommends that the central government provide foreign-language information at the local level; offer language classes and courses on Japanese culture and society; provide funding for housing, education, medical care and social welfare; and take steps to improve the work environment for overseas workers.

In May, a team of experts led by Vice Justice Minister Taro Kono published a report calling for a new immigration policy, one that limits foreigners to 3 percent of the total population and includes language proficiency requirements for foreign workers and their families.

The report emphasizes the need for skilled foreign labor — people trained in specific technical areas and fluent in Japanese — suggesting that such workers be subject to language testing before being allowed to enter Japan.

Both reports were generally welcomed by Japanese human rights activists as a first step toward ensuring better treatment of foreign workers, although the Kono report was criticized by some for imposing overly strict conditions for allowing in overseas workers.

But the reports, and the general tone of recent government discussions on the future of foreign labor, have been a cause for concern among long-term foreign residents.

Many long-term Korean residents have a special type of permanent residency. But their numbers are declining as they age and as more of their children take Japanese citizenship. In 2001, there were about half a million special permanent residents. Last year there were 452,000.

On the other hand, the number of more recently arrived foreigners who have become permanent residents is at a record high. There were 184,000 such residents in 2001; by 2005 that figure had climbed by more than 90 percent to 350,000.

“The balance between older and newer foreigners is shifting rapidly. But those with the most experience in fighting for the human rights of foreigners are often the older ones” says Osaka-based Song Jung Ji, who heads the Multi-Ethnic Human Rights Education Center. “They have long-established relationships with local authorities and worry a large influx of newcomers who don’t understand Japanese or Japan will destroy the progress they’ve made.”

Is a confrontation between these older and newer arrivals coming?

“I don’t think you’d see a level of violence between different ethnic groups that you see in other parts of the world because Japanese authorities and society would not tolerate it,” said former Tokyo Immigration Bureau chief Hidenori Sakanaka. “But it’s likely that established foreign residents would discriminate against groups of new foreigners, barring them from apartments, restaurants, or jobs.

“It’s already happening in cities like Tokyo, but it could become a much bigger problem nationwide in the future,” he said.

And newcomers facing job discrimination in particular, be it from long-term foreign residents or from Japanese, could find that groups like labor unions that have often been at the forefront of protecting the rights of foreigners may change their attitude if they begin to see foreign labor as a threat.

“I can see a large influx of foreign workers sparking opposition from Japan’s labor unions,” Sakanaka said.

“Compared to the Justice Ministry and the Ministry of Economy Trade and Industry, opposition within the Health, Labor and Welfare Ministry to large numbers of foreigners is quite strong, and much of this opposition reflects the opposition that exists in labor unions.”

Then there is the issue of education. At the local government level, especially in the Chubu region, where many South Americans live and work, concerns are mounting that the children of foreign laborers are growing up without access to a proper education because they don’t speak Japanese.

In addition, there are fears such children, as well as the children of foreign laborers who come to Japan in the future, will end up without basic language skills, further isolating them from Japanese society.

“Today, many children of foreign laborers only speak Spanish or Portuguese. This will make it extremely difficult for them to fit into Japanese society, and lead to all sorts of social problems later on. Education, especially Japanese-language education, is vital,” Vice Justice Minister Kono said at a news conference in late July.

“The reality is that all foreigners currently in Japan, and any future foreign workers, will find themselves isolated and marginalized by both Japanese and long-term foreign residents who are fluent in Japanese if they cannot speak and read Japanese,” said human rights activist Song.

“How Japan addresses the issue of language and cultural education for new foreigners will determine whether the future of foreign labor is a bright one or a nightmare,” he added.

But before official discussions on foreign labor go much further, national legislation to outlaw all forms of racial and ethnic discrimination is needed, according to the United Nations and nearly 80 Japan-based human rights organizations, many of which work to protect long-term foreign residents.

Without such a law, they argue, Japan will have serious problems with new arrivals, regardless of the restrictions on them, their Japanese-language skills or efforts to educate their children.

But the central government is not seriously considering such legal protections at the moment. In a comment reflective of the views of many senior policymakers and ordinary Japanese, Kono said he did not think such a law would be useful.

“Even if we were to pass such a law, Japanese attitudes toward foreigners wouldn’t change. It’s more important to change the culture of Japanese society to one that is accepting of foreigners,” Kono said.

The Japan Times: Tuesday, Sept. 12, 2006