Archive for the 'Anti-discrimination templates/meetings' Category

Here is my FRANCA report last March delivered to UN Rapporteur Jorge Bustamante, rendered into Japanese (English original from here).

To: Members in “The Cove” – Save Japan Dolphins
UPDATE: Sept.1 Taiji events cancelled
Received August 20, 2010

For several important reasons, we have decided to cancel our plans in Taiji, Japan for Sept. 1st (the first day of the annual dolphin slaughter.)

Most importantly, we received word that an extreme nationalist group known to be violent is set to confront us in Taiji. Our work in Japan has never been about physical confrontation. Since “The Cove” premiered in theaters earlier this Summer, we believe we are making progress by bringing the truth to the people of Japan about the dolphin slaughter and about mercury-poisoned dolphin meat in markets. We will not play the game that the nationalist groups want us to play – we will not have it become “us versus them.”… The militant nationalist groups may gather as they like in Taiji; we will be elsewhere in Japan, talking to the media, explaining the problem, and making sure the public understands that we are not there to fight, but to work together.

COMMENT: The development above has stirred mixed feelings in me because: 1) The decision to cancel and move elsewhere the demonstration is understandable because we don’t want violence to mar the demos (and I think some of the groups will make good on their threat of violence — the police have a habit of not stopping public violence if it’s inflicted by the Right Wing. Only a violence-free demo will reassure an already tetchy Japanese public that not all demonstrators are extremists.

Yet 2) In principle, giving in to bullies only makes them stronger, and if the Rightists are able to deter demos in Taiji by threatening violence, then what’s to stop them from threatening the same elsewhere? Whenever any group is able to successfully hold public safety hostage, violence (or the threat of it) will in fact be more encouraged. This is just an internal debate I have going on inside of me. What do others think? Blog poll also included.

Debito.org (via The Community) originally reported about a decade ago that the Takamado English speech contest, for junior-highschooler English speaking ability name-sponsored by a member of the Japanese royalty, was refusing foreign children enrolled in Japanese schools entry. This might seem reasonable, since native English speakers competing with Japanese L2 students would indeed have an unfair advantage.

However, Takamado’s rules excluded ALL foreigners, including those from countries that are not native English-speaking countries (such as Chinese or Mongolians). Moreover, the rules also excluded ALL Japanese who had foreign blood, as far back as grandparents.

So I wrote about it for The Community. Nothing happened. Then I wrote about it for The Japan Times back in 2004. Then something happened. I checked the rules for Takamado yesterday, and they’ve been revised to be more sophisticated about deeming who has a linguistic advantage. A foreigner is no longer just a foreigner and not a blanket tainter of Japanese student blood. Pays to say something. No longer is it a blanket system of “a foreigner is a foreigner is a foreigner”, and the attitude is less that any foreigner is a blanket tainter of Japanese student blood. Okay, better. Pays to say something. Especially in print.

We’ve seen plenty of cases where Far-Right protesters who harass and even use violence towards people and counter-demonstrators doing so with impunity from the Japanese police (examples here, here, here, and within the movie Yasukuni). However, it looks as though they went too far when this case below was brought up before a United Nations representative visiting Japan last March, and now arrests and investigations of the bullies are taking place (youtube video of that event here, from part two). Good.

Asahi: Senior members of a group of “Net rightists” who hurled abuse at elementary schoolchildren attending a pro-Pyongyang Korean school were arrested by police on Tuesday.

The group, part of a new wave of extreme nationalist groups that use video-sharing websites to promote their activities, targeted children at Kyoto Chosen Daiichi Elementary School in the city’s Minami Ward with taunts including “Leave Japan, children of spies” and “This school is nurturing North Korean spies.”

A janitor, a snack bar operator, an electrician and a company employee, all men in their 30s and 40s, are suspected of playing leading roles in the demonstration near the school on Dec. 4 last year.

On Tuesday, police began questioning four people, including Dairyo Kawahigashi, 39, an executive of Zainichi Tokken o Yurusanai Shimin no Kai, which literally means, “a citizens group that does not approve of privileges for Korean residents in Japan,” and is known as Zaitokukai for short.

Police also searched the Tokyo home of the group’s chairman, Makoto Sakurai, 38…

Here we have a report from human rights group IMADR, along with a number of other NGOs, making their case to the UN CERD Committee again about discrimination in Japan. The UN then makes recommendations, and then the GOJ answers once again that those recommendations are unfeasible. It’s the same process that has been going on for decades, my recent research has shown. I’ll share that paper with you when it gets published. Meanwhile, enjoy the circus below.

Background: The Upper House of Japan’s Diet (parliament) has a total of 242 seats. Half the UH gets elected every three years, meaning 121 seats were being contested this time. Of the ones not being contested, the ruling DPJ, which has held the majority of UH seats (through a coalition with another party) since 2007, had the goal of keeping that majority. To do that, the DPJ had to win 55 seats plus one this time (since they already had 66 seats not being contested this election). The opposition parties (there are many, see below) had the goal of gaining 66 seats plus one (since 55 of theirs were not being contested this election) to take the UH majority back. Here’s how the numbers fell this morning after yesterday’s election:

DPJ won 44 (and their coalition partner lost all of theirs).
Non-DPJ won 77.

Totals now come up to 106 (a loss of ten) seats for the DPJ, meaning they lost their absolute Upper House majority thanks to a coalition partner party (Kokumin Shintou) losing all their contested seats (three). Thus the DPJ lost control of the Upper House.

However, this does not mean that somebody else assumes power of it. Nobody is close to forming a Upper House majority, meaning there will be some coalition work from now on. After breaking down the numbers on this blog, conclusions:

DPJ lost this election, there’s no other spin to be had. But it was not a rout (like the UH election of 2007 against the LDP was, see here). Consider this:

Number of electoral districts where DPJ came out on top where they weren’t on top before (in other words, electoral gains as far as DPJ is concerned): None.

Number of electoral districts where DPJ stayed on top or kept their seat same as last election (in other words, no change for the worse): 22

Number of electoral districts where DPJ lost but lost before anyway (in other words, the status quo of no electoral gains held): 10

Number of electoral districts where DPJ flat out won before but lost a seat this time (this is the bad news, electoral losses): 12

Conclusion: The DPJ essentially held their own in a near-majority of contested electoral districts. They did not gain much, but did not lose big. In fact, in all multiple-seat constituencies, at least one DPJ candidate won (see below)…

We’ve recently been discussing racial profiling on this blog, comparing what’s happening in Arizona with new immigration laws vs what goes on as SOP in Japanese police law enforcement and gaijin harassment.

What’s interesting for me is how the US deals with it: They actually discuss it. First watch this Jon Stewart Daily Show excerpt (courtesy of Dave Spector) on the subject and then we’ll woolgather:

Let’s recount the important differences apparent in this video:

1) In the US, they have not only a presidential administration making clear statements against racial profiling, but also a judiciary filing federal suit against errant state policy that would condone that. Imagine either of those happening in Japan.

2) In the US, the voices of minorities are actually being heard — and listened to — somewhere. Imagine THAT happening in Japan!

3) In the US, police training materials and the actual text of law enforcement are coming under scrutiny! Imagine… oh you get the idea.

4) In the US, they have things such as satire and sarcasm to enable people to take this apart with the very powerful tool of humor, and an investigative media that can hold people accountable for what they say and do! (God bless the Daily Show!)

Here is NGO International Movement Against All Forms of Discrimination and Racism (IMADR), based in Tokyo, with their periodical in English on the issue. They inter alia are the group who keeps bringing over the UN for briefings (here and here), and have kept various committees appraised of GOJ progress (or mostly lack thereof), and answered GOJ benkai justifying inaction re human rights (example here). Their May 2010 edition talks about the UN’s May 14 visit to hear cases of discrimination in Japan. FYI.

In an article cited in yesterday’s blog post, we had some xenophobe who organizes anti-NJ-suffrage campaigns saying:

“I’m not prejudiced against foreigners, but the law states that foreigners must not take part in election campaigns.”

There goes a typical zealot making a typically empty unresearched claim. According to the Japan Times this week, NJ can indeed take part in election campaigns. Excerpt:

Although foreign residents may not be able to actually cast votes in elections, there are quite a few other things that we can do to involve ourselves in Japan’s political “machine” — and they are all legal. This tidbit of knowledge may come as somewhat of a surprise to Japanese and non-Japanese readers alike, but I assure you that it’s all verifiable in black-and-white. Well, to be totally honest, you’ll find this truth “told” more in white than black, as the Election Law is much more revealing in terms of what is not written on its pages than what is. The point is simply this: Although the law doesn’t directly state that foreign residents can participate in political and electoral activities, it also does not prohibit us from doing so. You can check it out for yourself; the Free Choice Foundation has posted the election rules in English on its Web site at www.FreeChoice.jp/election.asp or you can call the Election Division of the Ministry of Internal Affairs and Communications to hear it straight from the powers that be. The bureaucrats will be happy to tell you that, other than not being able to make political donations, residents of Japan are immune from discrimination of any kind — including by nationality — regarding participation in electoral activities.

Forwarding from Eric: Right now there exists the terrible reality that – as gaijin parents – we are at substantial risk of completely losing access to our children if our marriage dissolves, or even if our spouse just decides to make a break with us and abduct the kid(s). Japan is a country with no dual-custody laws, and a social practice of severely limiting, and often severing, the non-custodial parent’s access to their kids when the marriage ends.

I write today to seek your contribution for the completion of a documentary that is trying to directly help protect the interests of parents like us.

Take a look at this trailer for one particular group’s upcoming documentary film:

http://www.fromtheshadowsmovie.com/english/index.html

Political and social awareness is picking up, but we need to add fuel to this movement that is trying to help us.

In Jan 2010, six out of seven G7 governments pressed Japan to sign an international anti-parental child abduction treaty called the Hague Convention, which Japan has so far refused for nearly 30 years. There has also been a recent proposed House (US Congress) Resolution threatening sanctions on Japan for allowing the kidnapping of US citizens. More info is here: http://www.govtrack.us/congress/bill.xpd?bill=hr111-1326&tab=summary

This is all going in the right direction, but it is not enough. We need grass roots pressure as well.

I am trying to help a two gentlemen (see attached doc for more background info) who have worked their butts off the past couple of years to make a documentary film about child abduction in Japan. As you will see in the attachment, they’ve had a lot of success so far, but hope to enter their documentary into a major film festival so that its profile can be raised and reach a broad audience.

My personal request…?

I hope you can join a group of us at 7:00 pm on Thurs, June 24th in Shibuya

Cerego Japan Inc.

Ninomiya Bldg 4F
18-4 Sakuragaoka-cho
150-0031 Shibuya-ku, Tokyo
(location: http://blog.smart.fm/en/about/location/ ) to watch the latest cut of their documentary, engage with other concerned and/or affected parents, and help contribute to the completion and ongoing success of this film.

There is no entry fee to join us and watch. That said, contributions (assuming you like what you see) would be much appreciated…

Kyodo: Nearly seven out of every 10 people with disabilities said they have faced discrimination or biased treatment, an annual government report showed Friday.

The fiscal 2010 white paper on measures for disabled people, released by the Cabinet Office, says 68.0 percent of those surveyed said they have experienced discrimination or biased treatment because of their disabilities.

The office surveyed 2,178 people with disabilities between December 2009 and January 2010.

COMMENT: How nice. But wouldn’t it also be nice if the GOJ were to survey NJ to see if THEY feel they had been discriminated against. But they won’t. They don’t survey NJ. And when they do survey the general public in human-rights surveys, the questions are phrased so as to discount, even justify, the discrimination against them. Citations from 2007 GOJ survey here.

In sum, this to me is another example of the GOJ manufacturing consent to sway the public to accept a policy position. Fortunately, it’s for protecting people, not hurting them. But wouldn’t it be nice if the GOJ had somehow stepped in during all the nasty debates re NJ PR suffrage and curbed the hate speech, or even ask NJ sometime in a Cabinet Survey if THEY feel discriminated against? After all, we’ve already signed a Convention designed to protect them — nearly fifteen years ago in 1996, so there should be no disinclination. But no, NJ don’t deserve the same attention. After all, they aren’t Japanese.

Debito.org Reader Kevin submitted this Japan Times article (thanks!) on how The Japan Property Management Association, which covers more than a thousand real estate agencies, is offering information to NJ renters and recourse to fearful landlords. They’re even suggesting hiring NJ to bridge communication gaps! Bravo. If you’re in the market for new digs, check this association out and give them your business.

After all, one of the first nasty things a NJ experiences is the pretty ubiquitous housing discrimination in Japan — where a renter can be refused by the mere whim of a landlord, and tough titties if that landlord has a “thing” about foreigners (due to, say, envisioned phobias about “differing customs”, “communication troubles”, or just plain visceral xenophobia). Sadly, there is no way, outside of a courtroom (which will probably, experience and word-of-mouth dictates, not rule in the NJ’s favor unless the landlord changes his or her mind AFTER a rental contract is signed). ‘Cos, as y’all know so well, there ain’t no law against racial discrimination in this part of the world.

One more thing, and this is a tangent but I’m feeling chatty today: Before we get all Pollyanna and flout any economic theories that “the marketplace will correct all if left to its own devices” (i.e. Japan’s housing glut is forcing the buyer’s market to find ways to be more accommodating to NJ), remember that there is no way economics is going to “fix” illogical or irrational behavior, such as fear and hatred of foreigners or other races that exist in every society. If anything, as seen in the course of the Otaru Onsens Case, bathhouse managers (and apologist bigots like Gregory Clark) have even made economic arguments to justify the status quo (“our customers don’t want to take baths with foreigners, so we have to give them what they demand”; some even created flawed surveys of customers to “prove” it, which got widely reported by unanalytical Japanese media. In any case, the market CAN break down (in classic cases like farmers dumping surplus crops in the ocean to keep the market price up), and needs laws to govern it. In this case, laws against the effects of the dread mental disease that is xenophobia.

Anyway, again, bravo Japan Property Management Association. JT article about them follows.

The Japan Association for Language Teaching (JALT) SIG group Professionalism, Administration, and Leadership in Education (PALE) has just put out its next semiannual newsletter for the season.

Contents include 2010 average salary scales for university educators in the Kansai region (see how your salary stacks up; I’m about 300 man below average), a report on JALT’s advertising policies for unfair workplaces, a quick look at teaching licenses in Japan, MEXT scholarships and how international students are adversely treated, and how a university educator stopped his contract termination by hiring a lawyer.

Download PDF file of the newsletter here:

As a Sunday Tangent, here is a Cato Institute webcast on Ten Rules for Dealing with Police, especially when you’ve become a target of racial profiling. Not completely applicable to Japan, but some lessons are, and it’s worth a viewing.

We had two articles come out in Newsweek over the past two months on the effects of immigration. One from last March cites an academic saying how influxes of foreign workers boost economies, raising average incomes (based upon 50 years of data) 0.5% for every percent increase in the workforce that is foreign-born. The other guest column that came out late April cites other academics suggesting the opposite.

My take: I feel that we’ve got some posturing going on. I’m reminded of the movie THE RIGHT STUFF, where we have the character of Werner Von Braun saying that the Americans are going to win the space race against the Soviets because “our German [scientists] are better than their German [scientists]“. Same here, where the April article brandishes its scientists vigorously, throwing in undeveloped citations like rocks (some aimed at “activists” and “multicuturalists” shrouding the debate in phony “half-truths”), and name-dropping academics with insufficient development of the science involved.

Myself, I’ll trust a half-century of data collated in the March Newsweek article, and believe that countries are enriched by immigration. Would anyone argue that places like the United States have NOT benefited through labor migration to its shores? The only issue is of quantifying how much, which the April column in my view hardly accomplishes.

And if proper attraction and assimilation of immigrants is key (which the April article hints at but won’t come out and say plainly), then the argument once again supports those half-truthy “multiculturalists” and their purportedly phony solutions.

I have been hearing word from several sources about the new draconian laws being enacted in Arizona to catch illegal migrant workers, including legally-sanctioned racial profiling, and stopping people on the street for ID checks. Many have said that it seems Arizona has taken a page out of the GOJ’s handbook for dealing with NJ in Japan. The difference, however, is that 1) the US dragnet is (necessarily) a coarser mesh (as Japanese authorities have a wider view of who doesn’t “look Japanese”, since anyone can “look American” and more sophistication is needed over there), and 2) it’s caused a level of controversy that has never happened in Japan (imagine street protests to this degree, even a J prime minister denouncing it?).

I believe it’s only a matter of time (and it will take some time) before the Arizona authorities stop the wrong person on racial grounds, other American laws kick in to protect people against racial discrimination, and American courts rule this Arizona law unconstitutional. Wait and see.

That just ain’t gonna happen in Japan for obvious reasons: We ain’t got no legal sanctions against racial discrimination, let alone this degree of people caring for the human rights of foreigners.

I would like to launch a new type of campaign, something I will call “Pinprick Protests”, an activity done on the individual level to protest injustice and unfair treatment in Japan. Less visible than picketing and petitions, it is no less effective over time: Enough individual protests nationwide, and it becomes “mendoukusai” for the authorities to have to deal with the issue anymore, and things shift for the better as GOJ attitudes and enforcement mechanisms change.

Case in point: I received a good news from a translator yesterday in Debito.org’s comments section:

JayIII: I work as a translator and often get jobs from the local government and I thought I would share a little bit of good news.

A request came across my desk today for updating the english phrasing recommended for hotels to display for foreign guests. The Japanese was changed from requiring “foreign visitors” and “display their passport or gaijin card” 外国人宿泊者 and 旅券もしくは外国人登録証明書を提示 to

Non-Japanese visitors without a permanent Japanese residence and display their passport 日本国内に住所を有しない外国人宿泊者 and 旅券を提示

So it’s one little step in the right direction.

The Japan Times this week published a very nicely-considered article on something brought up on Debito.org in February: The Little Black Sambo controversy, and how it was being taught without any racial sensitivity or historical/cultural context, to Japanese pre-schoolers, regardless of concerns raised about its appropriateness.

For the record, I believe LBS is a work of history and as such should not be “banned”. It should, however, whenever used always be placed in historical context, and seen as materiel to enlighten people about the prejudices of the day. I have never seen it done so in Japan. In fact, the republisher Zuiunsha — which appears to have just appropriated the book from the previous Japanese publisher and republished it for fun and profit — doesn’t even offer a disclaimer or a foreword in the book explaining why this book has been problematic; existentially, it’s just a book they can get rich off of. Who cares if some people might be adversely affected by it?

Hence my attempt, mentioned below, of providing not historical context, but through parody putting the shoe on the other foot for empathy, as “Little Yellow Jap”. That has occasioned cries of “racism” by the noncognizant. But the Japan Times essayist below gets it. Excerpt of article follows.

Guest writer: This past December, just before winter vacation, the owner of the college where I teach called me into his office and announced in no uncertain terms that in 3 months, at the end of March, I would be fired. After 24 years working for the school, with hardly any advanced warning, I was to be among the unemployed, and at an age (56) when it would be all but impossible to find a similar position in Japan.

The owner, not so generously, said he would allow me to continue as a part-timer at the bottom of the pay scale, with a loss of health care benefits, at an income which, unless I came up with something to supplement it, would impossible to live on. In addition, he made it a point to explain, though I might have thought I was fulltime, for the first 5 years, (when I taught at both his high school and college) I actually was a part-timer, and that I could expect my retirement package to reflect it…

As I believe that the circumstances I describe might apply to any number of foreign workers in Japan, I am writing in the hope you might gain from some of my mistakes. First of all, verbal agreements mean nothing. Insist on getting those promises in writing. When I interviewed for my job at the high school, there were three people in the room, but 24 years later, two of them are dead, and the only person who might verify my story is the man I had to take to court.

If you believe in labor unions, better join up before you encounter any problems. Or if you do try joining a labor union, don’t let them know of your predicament, or else they will have nothing to do with you. (I couldn’t even get them to recommend a lawyer.) Basically labor union resources are reserved for members of long standing who have paid their dues…

Finally, and most important of all, get a lawyer. I simply would have been a dead man without one. I was lucky enough to have a friend recommend one to me, and still luckier that he was willing to go to court. It never seemed to even occur to my boss that I would or could litigate. I had already received notice, the court date was set, and I was meeting with my lawyer. It was March 30th and one day from termination, when I got a fax from my school’s lawyer rescinding it. I’m back at work now as if nothing happened, though who is to say whether or not I won’t go through the same hell again next year.

The Queen’s University student government has declared the sumo suit an instrument of ‘oppression’, and cancelled a food-bank fundraiser that was to feature two sumo suits.

Dear [Queen's Alma Mater Society] members and members of the Queen’s community,

We are writing in regards to an event that was scheduled to take place on Tuesday March 30th, organized and run by a group in the AMS. This event was planned to have students don padded suits, coloured and designed to resemble Japanese sumo wrestlers. The Facebook event created to advertise this event, entitled “SUMO Showdown,” included a picture of two cartoon Japanese wrestlers grappling.

We recognize racism as the systemic oppression, both intentional and unintentional, of individuals and groups based on racial or ethnic identities.

Regrettably, those of us who were aware of the event did not critically consider the racist meaning behind it. Asking students to wear these suits and partake in the activity appropriates an aspect of Japanese culture. This is wrong because it turns a racial identity into a costume; the process of putting-on and taking-off a racial identity is problematic because it dehumanizes those who share that identity and fails to capture the deeply imbedded histories of violent and subversive oppression that a group has faced. The event also devalues an ancient and respected Japanese sport, which is rich in history and cultural tradition…

PRESS RELEASE MARCH 31, 2010: UN MIGRANTS RIGHTS EXPERT URGES JAPAN TO INCREASE PROTECTION OF MIGRANTS (excerpt)

TOKYO – The UN expert on migrants’ human rights on Wednesday praised Japan for some of the measures it has taken to alleviate the impact of the economic crisis on migrants, but, based on information provided by civil society, he noted that it is still facing a range of challenges, including racism and discrimination, exploitation, a tendency by the judiciary and police to ignore their rights and the overall lack of a comprehensive immigration policy that incorporates human rights protection…

The Special Rapporteur said, many challenges still need to be addressed by the Government in order to protect the human rights of migrants and their children. He listed some of the most important, along with some preliminary recommendations on how to improve the situation:

(Debito.org) TOKYO MARCH 31, 2010 — Dr Jorge A. Bustamante, United Nations Special Rapporteur for the Human Rights of Migrants, gave an hourlong press conference at United Nations Information Center, United Nations University, Japan.

Assisted by the International Organization for Migration and Japan’s civil society groups, Dr Bustamante concluded nine days, March 23 to March 30, of a fact-finding mission around Japan, making stops in Tokyo, Yokohama, Hamamatsu, and Toyoda City. He met with representatives of various groups, including Zainichi Koreans, Chinese, Brazilians, Filipinos, women immigrants and their children, “Newcomer” immigrant and migrant Non-Japanese, and veterans of Japan’s Immigration Detention Centers.

He also met with Japanese government representatives, including the ministries of Education, Foreign Affairs, and Justice. He also met with local government officials in Hamamatsu City (including the Hamamatsu “Hello Work “ Unemployment Agency), the mayor of Toyoda City, and others.

He debriefed the Japanese Government today before his press conference.

The press conference can be heard in its entirety, from Dr Bustamante’s entrance to his exit, on the DEBITO.ORG PODCAST MARCH 31, 2010, downloadable from this blog entry. Duration: One hour five minutes. Unedited. I ask a question around minute 40.

 Standard Podcast [65:29m]: Play Now | Play in Popup | Download

My FRANCA speech yesterday for JIPI went very well, with me reading my slides in Japanese probably the most comfortably ever (I felt I was really “in the zone”). This blog entry is to make my powerpoint presentation public for download:

http://www.debito.org/JIPI032910.ppt

About 120 slides in Japanese (not all are visible, I hid about a third), making the case that Japan needs immigration, and presenting things in terms of “give and take” — what the GOJ must offer immigrants to make them come and stay, and what immigrants must do to make themselves assimilatable and contributing to this society.

I’ll have some photos from the event up shortly; forgot my card reader today.

I’ll also be at JIPI most of the time every day until Saturday. If you’d like to have a chat with Mr Sakanaka with an introduction from me, do be in touch (debito@debito.org) and drop by.

The Japan Times reported UN Special Rapporteur Bustamante’s interim comments during his current-two-week fact-finding mission to Japan, particularly as pertains to the GOJ visa system that deports people even if it means splitting apart families (cf. the Calderon Noriko Case).

Dr Bustamante takes a very dim view of this:

“It’s going to be made public,” Bustamante told the gathering. “And this, of course, might result in an embarrassment for the government of Japan and therefore certain pressure (will be) put on the government of Japan.”

Here is an abridged version of the NGO FRANCA (Foreign Residents and Naturalized Citizens Association) minutes I sent out today, regarding our exceptional Tokyo meeting last night in International House, Roppongi. It was a full house, with fifteen attendees, four of whom became dues-paying members. People attending were from a variety of backgrounds, from corporate to techie to journalist to academic to relative newcomer.

We got a lot discussed. We had so many voices describing their experiences in Japan (from employment issues to bike and passport checks to child abductions to domestic politics) that it was difficult to get through my powerpoint! (I did, and you can download it revised at http://www.debito.org/FRANCA.ppt.

We added to the list of possible FRANCA future projects:

What follows is a speech by Mr RYOM Munsong, read and presented to UN Special Rapporteur for the Human Rights of Migrants, Dr. Jorge Bustamante, just before I did on March 23 (my speech here). I have offered Debito.org as a space for Japan’s presenting NGOs to release their information to the general reading public. Read on.

Mr SAKANAKA Hidenori, head of the Japan Immigration Policy Institute in Tokyo (http://www.jipi.gr.jp), author of books such as “Nyūkan Senki” and “Towards a Japanese-style Immigration Nation”, is looking for input from Non-Japanese (NJ) long-termers, and immigrants who would like to see Japanese immigration policy (or current lack thereof) head in a better direction?

Mr Sakanaka, former head of the Tokyo Immigration Bureau, has become a leading supporter of immigration to Japan, believing that Japan would be a stronger, more economically-vibrant society if it had a more open and focused immigration policy. More on his thoughts about “Big Japan vs. Small Japan” on Debito.org in English and Japanese here:
http://www.debito.org/publications.html#otherauthors

Mr Sakanaka wants your ideas and input as how Japan should approach a multicultural future, and (sensibly) believes the best way is to ask people who are part of that multiculture. Please consider getting in touch, if not making an appointment for a conversation, via the contact details at http://www.jipi.gr.jp/access.html, or via email at sakanaka AT jipi DOT gr DOT jp (English and Japanese both OK).

We would like to hold seminars, forums, and other convocations in future, working to make JIPI into a conduit for a dialog between Japan’s policymakers and the NJ communities.

As you know, as representative of NGO FRANCA I met with Special Rapporteur for the Human Rights of Migrants Dr Jorge A. Bustamante on March 23, 2010. Here’s a briefing:

Starting from 9AM at one of the Diet Lower House meeting rooms, I sat in as Amnesty International Japan and Solidarity with Migrants Japan made their cases about how NJ are being treated badly by the media, the government, and labor policy. Dr Bustamante asked a lot of questions and wanted statistics, particularly about the death rates for migrant workers (we were all surprised; he said that in other developed countries those statistics were available at the government level, something inconceivable to us). After 45 minutes, he went off to meetings with GOJ officials.

We were supposed to meet again for another 45 minutes from 1PM, but Dr Bustamante arrived more than twenty minutes late. (This is a typical GOJ trick so the NGOs get less time; if NGOs go overtime, they become the object of criticism, but if the GOJ goes overtime, nobody complains but the NGOs.) A representative from the Zainichi Koreans, an academic from Korea University (Kodaira, Tokyo) named Mr RYOM Munsong, kept his speech to 12 minutes, I kept mine to twelve as well (we had timers), and mixed our powerpoint with movie and speech.

As far as I went, I was able to squeeze in my full introduction and two of my five bullet issues, then had to skip to the end with the entreaty to not see NJ as “temporary migrant workers” but “immigrants” (read entire speech here). But I was very disappointed that we had virtually no time for Q&A (Dr Bustamante looked tired), and that all that preparation was cut short because we were keeping our promises with the scheduling and the GOJ was not.

Some photos from the proceedings:

We had a NGO FRANCA (Foreign Residents and Naturalized Citizens Association) meeting last Sunday in Sendai. We’ll be having another one this coming Saturday evening in Tokyo, so if you like what you read below, please consider coming to our meeting and joining our group. FRANCA Chair Arudou Debito gave a presentation on what FRANCA is and what it’s doing. (You can download that presentation at http://www.debito.org/FRANCA.ppt). What follows are some photos and minutes of the meeting.

Excerpt: I wish to focus on the situation of peoples of “foreign” origin and appearance, such as White and non-Asian peoples like me, and how we tend to be treated in Japanese society. Put simply, we are not officially registered or even counted sometimes as genuine residents. We are not treated as taxpayers, not protected as consumers, not seen as ethnicities even in the national census. We not even regarded as deserving of the same human rights as Japanese, according to government-sponsored opinion polls and human rights surveys (blue folder items I-1, I-6 and III-6). This view of “foreigner” as “only temporary in Japan” is a blind spot even the United Nations seems to share, but I’ll get that later.

Here is a blue 500-page information folder I will give you after my talk, with primary source materials, articles, reference papers, and testimonials from other people in Japan who would like their voice heard. It will substantiate what I will be saying in summary below.

[...] [I]t is we “Newcomers” who really need the protections of a Japanese law against racial discrimination, because we, the people who are seen because of our skin color as “foreigners” in Japan, are often singled out and targeted for our own special variety of discriminatory treatment.

Here are examples I will talk briefly about now:
1) Discrimination in housing and accommodation
2) Racial Profiling by Japanese Police, through policies officially depicting Non-Japanese as criminals, terrorists, and carriers of infectious disease
3) Refusal to be registered or counted as residents by the Japanese Government
4) “Japanese Only” exclusions in businesses open to the public
5) Objects of unfettered hate speech…

What follows is the Table of Contents for an information packet I will be presenting Special Rapporteur for the Human Rights of Migrants Jorge A. Bustamante, who will be visiting Japan and holding hearings on the state of discrimination in Japan. Presented on behalf of our NGO FRANCA (Sendai and Tokyo meetings on Sun Mar 21 and Sat Mar 27 respectively).

It’s a hefty packet of about 500 pages printed off or so, but I will keep a couple of pockets at the back for Debito.org Readers who would like to submit something about discrimination in Japan they think the UN should hear. It can be anonymous, but better would be people who provide contact details about themselves.

Last call for that. Two pages A4 front and back, max (play with the fonts and margins if you like). Please send to debito@debito.org by NOON JST Thursday March 18, so I can print it on my laser printer and slip it in the back.

Here’s what I’ll be giving as part of an information pack. I haven’t written my 20-minute presentation for March 23 yet, but thanks for all your feedback on that last week, everyone…

FRANCA (Foreign Residents and Naturalized Citizens Association), an NGO founded last year and registered with the Japanese government to look out for the interests of long-term NJ and naturalized Japanese, will be having two meetings this month.

FRANCA Sendai Meeting Sunday, March 21, 2010, 1:30-4:30PM. Place: AER Building next to Sendai station (El Solar Meeting Room 1, 28F), from 13:30 to 16:30. Please attend and bring a friend or the family! More details and contacts at FRANCA Sendai

FRANCA Tokyo Meeting Saturday March 27, 2010; 6PM-9PM International House of Japan 5-11-16 Roppongi Minato-ku, Tokyo Meeting Name – FRANCA How to get there at http://www.i-house.or.jp/en/ihj/access.html

Please consider attending and finding out more about what we can do for each other. I’ll be giving a presentation on what FRANCA is, what it’s done so far, and what we could have it do in future with your help.

I just heard yesterday from NGOs concerned with human rights in Japan that I will be part of a group meeting with Mr Jorge Bustamante, Special Rapporteur on the human rights of migrants, on March 23 in Tokyo.

I will have twenty minutes to make a presentation regarding exclusions of NJ in Japan in violation of UN CERD treaty.

Is there anything you’d like me to say? I already have some ideas here (see Chapter 2). But I’m open to suggestions and feedback. If there is anything you would like me to present him, please send me at debito@debito.org. Please keep submissions concise, under 2 sides of A4 paper (meaning one sheet front and back) when formatted and printed.

To give you some idea of format, I’ve given presentations to UN Rapporteurs before, particularly Dr Doudou Diene back in 2005 and 2006. The archive on that here.

I will of course make the case that the GOJ is being intransigent and unreflective of reality when asserts, again and again, that Japan does not need a law against racial discrimination. And in violation of its international treaty promises.

The floor is open, everyone. Thanks very much for your assistance.

Arudou Debito, Chair, NGO Foreign Residents and Naturalized Citizens Association (FRANCA)

What follows is the full text of the GOJ’s meeting Feb 24-25, 2010, with the United Nations Committee on the Elimination of Racial Discrimination, something it faces for review every two years.

Media-digested highlights of this meeting already up on Debito.org here.

Although it was noteworthy for having 14 Japanese delegates from five different ministries (something the UN delegates remarked upon repeatedly), quite frankly, the 2010 session wasn’t much different from the previous two reviews. In that: The CERD Committee tells the GOJ to do something, and the GOJ gives reasons why things can’t change (or offers cosmetic changes as evidence that things are changing; it even cites numerous times the new Hatoyama Government as evidence of change, and as a reason why we can’t say anything conclusive yet about where human rights improvements will happen). The 2008 review was particularly laughable, as it said that Japan was making “every conceivable measure to fight against racial discrimination”. I guess an actual law against racial discrimination isn’t a conceivable measure. As the GOJ delegates say below, it still isn’t. But it is according to the CERD Committee below.

In sum, the biannual to-and-fro has become Grand Kabuki. And while things got bogged down in the standard “minority” questions (Ainu, Ryukyuans, Burakumin, and Zainichis — all worthy causes in themselves, of course), very little time was spent on “Newcomer” minorities, as in, the NJ (or former-NJ) immigrants who are now here long-term. People like me, as in racially-diverse Japanese, aren’t seen as a minority yet, even though we very definitely are by any UN definition. Plus, hardly any time was devoted at all to discussing the “Japanese Only” signs extant throughout Japan for many UN sessions now, the most simple and glaring violation of the CERD yet.

I haven’t the time to critique the whole session text below, but you can look at the 2008 session here (which I did critique) and get much the same idea. I have put certain items of interest to Debito.org in boldface, and here are some pencil-dropping excerpted quotes:

Here’s a valuable document I unearthed when doing research yesterday. One of the major arguments put forth by nativists seeking to justify discrimination against minorities (or rather, against foreigners in any society) is the argument that foreigners, since they are not citizens, ipso facto don’t have the same rights as citizens, including domestic protections against discrimination. The GOJ has specifically argued this to the United Nations in the past, repeatedly (see for example GOJ 1999, page down to Introduction, section 3). However, the UN, in a clarification of the Convention on the Elimination of Racial Discrimination, has made it clear that non-citizens are supposed to be afforded the same protections under the CERD as citizens. To quote the most clear and concise bit:
===========================
II. Measures of a general nature

7. Ensure that legislative guarantees against racial discrimination apply to non-citizens regardless of their immigration status, and that the implementation of legislation does not have a discriminatory effect on non-citizens;
===========================
This was issued way back in 2004. I’m reading a transcript of the discussions between the GOJ and the CERD Committee review during their review Feb 24-25 2010 (in which it was referred, and even mentioned granting foreigners suffrage not beyond the pale of rights to be granted). I’ll have the full text of that up on Debito.org tomorrow with some highlighting. Meanwhile, enjoy this gem. Something else for the GOJ to ignore.

MARCH-APRIL 2010 SCHEDULE

FRI MAR 19 MORIOKA
SAT MAR 20 MORIOKA
SUN MAR 21 SENDAI FRANCA MEETING 1PM
MON MAR 22 TOKYO
TUES MAR 23 TOKYO INTERNING JPN IMMIG POLICY INSTITUTE
WED MAR 24 INTERNING JIPI, MEETING 7PM
THURS MAR 25 SHIGA UNIVERSITY SPEECH 1:30PM-5PM
FRI MAR 26 INTERNING JIPI
SAT MAR 27 TOKYO FRANCA MEETING 6PM-9PM
SUN MAR 28 free day as yet
MON MAR 29 INTERNING JIPI, JIPI SPEECH 7PM-9:30 PM
TUES MAR 30 INTERNING JIPI
WEDS MAR 31 INTERNING JIPI
THURS APR 1 INTERNING JIPI
FRI APR 2 INTERNING JIPI last day
SAT APR 3 return to Sapporo

If you are in the area and have time, do stop by or get in touch (debito@debito.org) for some beers etc. Still open for speeches (I’m doing all this at my own expense) if something can be thrown together at short notice.

Here we have some preliminary reports coming out of Geneva regarding the UN CERD Committee’s review of Japan’s human rights record vis-a-vis racial discrimination. We have the GOJ claiming no “rampant discrimination”, and stressing that we still need no law against RD for the same old reasons. This despite the rampant discrimination that NGOs are pointing out in independent reports. Read on.

Excerpts: (Kyodo)—Japan does not need laws to combat racial discrimination, a Japanese official said Thursday as Japan’s racism record was examined by the U.N. Committee on the Elimination of Racial Discrimination.

“Punitive legislation on racial discrimination may hamper legitimate discourse,” Mitsuko Shino of the Japanese Foreign Ministry told a session in Geneva. “And I don’t think the situation in Japan is one of rampant discrimination, so we will not be examining this now.”…

[UN official] Thornberry particularly criticized Japan’s lack of laws to combat hate speech, saying “in international law, freedom of expression is not unlimited.”

The convention commits states to fight racial discrimination by taking such steps as restricting racist speech and criminalizing membership in racist organizations. Japan has expressed reservations about some of the provisions, which it says go against its commitment to freedom of expression and assembly.

Prior to the review, Japanese nongovernmental organizations presented various examples they say highlight the need for legislative action to fight racism in their country.

“There seems to have been little progress since 2001,” when the last review was held, committee member Regis de Gouttes said. “There is no new legislation, even though in 2001 the committee said prohibiting hate speech is compatible with freedom of expression.”

UPDATES: Correspondence with the UN reveals that the CERD Committee is doing a lot more than Kyodo reports.

Pursuant to the discussions we’ve had on Debito.org about exclusionary hotels, here’s an email I got last month regarding Comfort Hotel Nagoya’s treatment of a NJ customer, and how Debito.org empowered her to stand up for herself. Well done. Even the management says the administrative guidance offered by the authorities, as in the law requiring ID from NJ tourists vs. the official (but erroneous) demands that all NJ show ID, is confusing them. And since I’ve pointed this out several times both in print and to the authorities (and the US Government itself has also asked for clarification) to no avail, one can only conclude that the GOJ is willfully bending the law to target NJ (or people who look foreign) clients just because they think they can. Don’t let them. Do what SM did below and carry the law with you.

The Government of Japan comes under review this month in Geneva by the United Nations Committee on the Elimination of Racial Discrimination. I was invited to submit a chapter for a report to the UN by the NGO Solidarity with Migrants Japan (SMJ) on how Japan is doing with enforcing it.

NGO Report Regarding the Rights of Non-Japanese Nationals, Minorities of Foreign Origins, and Refugees in Japan.

Prepared for the 76th United Nations Committee on the Elimination of Racial Discrimination Session February 2010
Compiled and published by: Solidarity Network with Migrants Japan (SMJ)

CHAPTER 2 Race and Nationality-based Entrance Refusals at Private and Quasi-Public Establishments By Debito Arudou. Page 7

As I conclude:

“In conclusion, the situation is that in Japan, racial discrimination remains unconstitutional and unlawful under the ICERD, yet not illegal. Japan has had more than a decade since 1996 to pass a criminal law against RD. Its failure to do so can only be interpreted as a clear violation of ICERD Article 2(1): “States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay [emphasis added] a policy of eliminating racial discrimination.” We urge the Committee to make the appropriate advisements to the Japanese government to pass a law against racial discrimination without any further delay.”

Enjoy. Let’s see how the UN and GOJ respond. Here’s how the GOJ responded in 2008 — read and guffaw at their claim that they have taken “every conceivable measure to fight against racial discrimination”.

I have just heard that the United Nations will be coming to visit Japan again in late March to see how she’s doing regarding keeping her promise to eliminate with racial discrimination.

I know for a fact that “Japanese Only” etc. signs and rules are up around Japan in various guises and places of visit. I have been asked to help out giving a tour of these places in the Osaka, Kyoto, Nagoya, and/or Tokyo areas.

So let me ask Debito.org readers: Do you know of any places open to the public in these areas that explicitly refuse NJ (or those who look like NJ) entry and service? The best places actually have a sign up saying so. If so, please send me (to debito@debito.org) 1) a snap photo (cellphone ok) of the sign, 2) a snap of the storefront with the sign visible, 3) the name and approximate address of the place and date of photos. I’ll do the rest. Thanks for helping out.

New article in the Asahi re the GOJ and the Child Abductions Issue re signing the Hague Convention. As submitter PT comments:

“Note the Red Herring of Domestic Violence thrown out by Justice Minister Chiba in the last sentence. Interesting how the Japanese Government refuses to involve their justice ministry in talks with the US, yet they are quick to put forward a quote from the Justice Minister when pushing back on reasons against signing the Hague.” Article follows.

Mainichi: A Tokyo non-profit organization has set up a new real estate guarantor service for foreign residents negotiating Japan’s notoriously discriminative housing system.

The service, the first of its kind, is set up by the Information Center for Foreigners in Japan and will start offering guarantor services in Tokyo and surrounding prefectures in South Korean and Chinese later this month. The services will later be expanded to cover people from English-speaking countries.

The service was set up after a 2006 questionnaire showed that foreign residents in Tokyo were visiting an average of 15 real estate agents [!!!} before finding a landlord willing to lease a home to them. Common excuses given were language problems, different lifestyle habits and fears over non-payment of rent…

Last week I reported on the US Congress’s investigation of Japan as a haven for international child abductions, and a December 4, 2009 hearing that many of the Left-Behind Parents attended and issued statements to. The Congressman Lantos Human Rights Commission has since issued letters, signed by several Congresspeople, to President Obama and Secretary of State Clinton, requesting they personally meet with select representatives of the LBP and consider their issue. Scans of those letters enclosed below.

I was also invited to write a statement, as a LBP myself, for inclusion in the Congressional Record. The text of that follows the Obama and Clinton letters.

Conclusion to my statement: “In sum, it is my belief that, with Family Laws in Japan as they stand, nobody (Japanese citizen or non-Japanese) should get married and have children in Japan. The risk is just too great. Too many children are getting hurt by a system that encourages Parental Alienation Syndrome, and creates single-parent households that can be acrimonious to the point of deterring the children from becoming parents themselves.

“I urge Congress to encourage Japan not only to sign the Hague Convention on Child Abductions, but also reform its long-outdated Family Law structure. Allow for joint custody and enforced child visitation backed up by criminal law penalties — for the sake of not only American citizens, but also us Japanese citizens.”

UN News: The United Nations human rights chief today called on individuals everywhere to consider how they can fight discrimination beginning in their own homes and workplaces, stressing the need to overcome complacency which only contributes to the scourge.

“You cannot defeat discrimination by shutting your eyes to it and hoping that it will go away. Complacency is discrimination’s best friend,” High Commissioner for Human Rights Navi Pillay told a news conference in Geneva, ahead of this year’s Human Rights Day.

Just to let you know, yesterday I faxed four Dietmembers (PM Hatoyama, MOJ Minister Chiba, Minister Fukushima, and Tsurunen) a quick handwritten letter in Japanese, and a copy of the original newsprint article of my most recent Japan Times column on immigration policy proposals. Copy of the cover letter enclosed.

I found a really open-minded real estate agent in Sapporo advertising on the back cover of the latest SAPPORO SOURCE magazine. They promise bilinguality in negotiations and paperwork, full explanations, full disclosure of properties on offer, and full service. They’ll even help with guarantorship, regardless of nationality. Excellent. Give this place some business and let it be a template for how realtors should behave in Japan. Scan of the advertisement enclosed.

Date: December 3, 2009
Time: 2 pm ~ 4 pm
Place: Second Members Office Building of the Lower House
First Meeting Room

Contents:

1. Treatment of children after divorce – Comparison between German Law and Japanese Law
Lecturer: Law Professor Hirohito Suzuki of Chuo University
2. Hague Convention and Domestic Law ( Civil law, Habeas Corpus Act and Domestic Cause Inquiries Act, etc)
Lecturer: Professor Masayuki Tanamura of Waseda Law School
3. Speakers: Professor, Diet Members, Embassy officials, Left Behind Parents
Honorary Speaker: Attorney Mamoru Isobe, former Supreme Court Probation Officer, former President of Nagoya District and Family Courts, and former President of Nagano District and Family Courts

Japan Times: We are about to start a new decade. This past one has been pretty rotten for NJ residents. Recall the campaigns: Kicked off by Tokyo Gov. Shintaro Ishihara’s “Sankokujin Speech” in 2000, where he called upon the Self-Defense Forces to round up foreigners in the event of a natural disaster, we have had periodic public panics (al-Qaida, SARS, H1N1, the G8 Summits and the World Cup), politicians, police and media bashing foreigners as criminals and terrorists, the reinstitution of fingerprinting, and increased NJ tracking through hotels, workplaces and RFID (radio-frequency identification) “gaijin cards”. In other words, the 2000s saw the public image of NJ converted from “misunderstood outsider” to “social destabilizer”; government surveys even showed that an increasing majority of Japanese think NJ deserve fewer human rights!

Let’s change course. If Hatoyama is as serious as he says he is about putting legislation back in the hands of elected officials, it’s high time to countermand the elite bureaucratic xenophobes that pass for policymakers in Japan. Grant some concessions to non-citizens to make immigration to Japan more attractive.

Otherwise, potential immigrants will just go someplace else. Japan, which will soon drop to third place in the ranking of world economies, will be all the poorer for it.

We have the news of local governments calling upon the national government to do something to help the NJ residents under their charge. Some things just aren’t amendable without national government directives. Like a dedicated agency to deal with immigration.

That’s good news. The problem is, these local governments have been doing this for years now: Consider the Hamamatsu Sengen (2001), Toyoda Sengen (2004) and Yokkaichi Sengen (2006), which demanded just about the same thing. And it will be the same thing I demand in my next Japan Times column, due out next Tuesday, December 1. Have a read.

Local governments want to be nice to their NJ. It’s just that the elite Edokko bureaucrats in Kasumigaseki just don’t care. They don’t want to help NJ settle and make a life here. The people in charge of NJ affairs, mostly the Ministry of Justice, just want to control and police them. And that is pretty short-sighted, given that Japan needs immigration, and the less attractive Tokyo’s mandarins make Japan look to immigrants, the more likely the ones that will help Japan most will pass Japan by for better opportunities in other more open societies. Again, more in my JT article on Tuesday.

Quick missive from Aly Rustom a couple of days ago. This is how he dealt with a Gaijin Card Checkpoint by cops in Ueno last week, apparently successfully. He asked for their ID and dared to try to photograph it, and the cop. FYI. Link included on what your rights are when the Police State Tendencies have you in their sights.