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

Second in a series of two of prominent passings is American Senator Daniel Inouye, a notable Congressman who held on to his congressional seat longer than even legacy legislator Ted Kennedy. As per the local obit excerpt below, he had a quite glorious career in the military as part of the groundbreaking 442nd (some veterans I’ve even met in Hawai’i), then was a pathbreaker for Asian-Americans as a public servant. But consider how he was able to do this. as least as far back as Franklin Roosevelt (the better part of a century ago), we had the United States at the highest levels of public office attempting to untangle race/national or social origin from nationality.

This is something that Japanese society to this day has never accomplished (Japan’s Nationality Law still requires blood for citizenship, and from that derives the entanglement of race and legal status). Nor is Japan really trying. I speak from personal experience (not to mention court precedent) when I say that civil and political rights in Japan are grounded upon being “Japanese”, and “Japaneseness” is grounded upon phenotype (i.e., “looking Japanese”). This MUST be untangled by Japan if it ever hopes to encourage people to come in and settle down as “New Japanese”, not to mention allow people of mixed heritage to breathe as diverse people. But I neither see it happening soon, nor are progressive steps even being taken towards it (I am in fact arguing that Japan in recent years has been regressing… see here, here and here).

As further proof of the helpfulness of a society with notions of citizenship disentangled from race/national or social origin, we have another Senator from Hawaii who just got elected, Mazie Hirono — and she wasn’t even born in the United States! She was born in Japan.

Now, you might say that, well, Finland-born Caucasian Dietmember Tsurunen Marutei has also been elected to high office in Japan. But Tsurunen has been at his post for more than a decade now, and he’s squandered the opportunity by settling into it like a sinecure — doing just about nothing for the rights of NJ in Japan (such as not even bothering to attend or send a rep to a UN CERD meeting at the Diet on May 18, 2006). In fact, Tsurunen has even gone so far as marginalize and gaijinize himself! If one gives him the benefit of the doubt (I don’t, but if), such are the effects of constant pressure of being socially “Othered” in Japan, despite his legal duty to uphold his constitutional status as a Japanese citizen and an elected official.

In comparison, the hurdles Hirono overcame were significant but not insuperable. Even though she was nowhere near as articulate or politically thoroughbred as her Republican opponent, former Hawai’i Governor Laura Lingle, Hirono still grossed nearly double the votes (261,025 to 155,565) last November 6 to clinch the seat. Further, if the legacy of Inouye is any template, I think Hirono will do more than just settle for being a symbolic sphinx in her role as a legislator. Because she can — in a polity which can elect people for life despite their foreign (or foreign-looking) backgrounds, she has more opportunities in society than Tsurunen ever will — or will make for himself.

My point is, the disentanglement of race/social origin from nationality (i.e., rendering clearly and politically at the highest levels of government) is something that every state must do if it is to survive as a nation-state in future. Given its demographics, especially Japan.

A bit of good news. A member of a nasty Rightist group was sentenced to a year in jail for harassing a Japanese company for using a Korean actress in its advertising. That’s hopeful, as we are seeing examples of xenophobia in Japan going beyond internet and political-arena bile (as well as signposted exclusionism) and into the street for race-bating and interpersonal confrontation. Without some kind of brake like this court decision, it’s only a matter of time before somebody goes too far and we have race riots in Japan.

I would have liked to have seen a little more detail in the article below about the timeline of the harassment. I can speak from personal experience that it can take a year or more between an event and a conclusive court decision in Japan, so how responsive is Japan’s judiciary being here? Also, note that this case is not punishing somebody for hate speech against an ethnic group or a person in Japan — it’s protecting a Japanese company against threatening behavior, a bit different. I will be more reassured when we have a (similarly criminal, not civil) case involving arrest, prosecution, and jail time for an individual threatening an individual on the grounds of his/her ethnicity/national origin. But I don’t think that will happen under the current legal regime, as “the government does not think that Japan is currently in a situation where dissemination of racial discriminatory ideas or incitement of racial discrimination are conducted to the extent that the government must consider taking legislative measures for punishment against dissemination of racial discriminatory idea, etc. at the risk of unjustly atrophying lawful speech…” That assessment was made by the MOFA to the UN more than a decade ago. Given what I see are xenophobic tidings in Japan these days, I think it’s time for an update.

I’m very happy to announce that at long last (it takes a number of months to get things through the publishing pipeline), the Second Edition of HANDBOOK FOR NEWCOMERS, MIGRANTS AND IMMIGRANTS TO JAPAN goes on sale in December 2012.

This long-selling bilingual guide to life in Japan, co-authored with legal scrivener Akira Higuchi, has assisted thousands of readers and engendered rave reviews. Its goal has been to assist people to live more stable, secure lives in Japan, and walks the reader through the process of securing a better visa, getting a better job (even start one’s own business), troubleshooting through difficult situations both bureaucratically and interpersonally, establishing one’s finances and arrangements for the next of kin, even giving something back to Japanese society. It is a one-stop guide from arrival in Japan through departure from this mortal coil, and now it has been updated to reflect the changes in the Immigration and registry laws that took place in July 2012. Get ready to get yourself a new copy!

(Oh, and my Japan Times JBC column has been postponed a week due to a major scoop this week that will fill the Community Page…)

The UN Human Rights Council has once again prodded Japan to do something to improve its record on human rights (and this time the GOJ, which must submit a report every two years, actually submitted something on time, not eight years overdue as a combined “Third, Fourth, Fifth, and Sixth Combined Report”). Here’s how the media reported on their interplay:

Kyodo: A panel under the U.N. Human Rights Council has endorsed some 170 recommendations for Japan to improve its human rights record, including Tokyo’s handling of the so-called comfort women issue, the euphemism for the Imperial army’s wartime sex slaves…

Other recommendations include the safeguarding of Japanese citizens’ right to lead a healthy life, in light of the enormous amount of radioactive fallout spewed over a vast area by the March 2011 meltdowns at the Fukushima No. 1 plant. The town of Futaba, which found itself in the center of the nuclear storm since it cohosts the wrecked plant, had actively campaigned for the inclusion of this right. The report also called on Japan to abolish the death penalty after more than 20 countries, including prominent EU member states, objected to its continued use of capital punishment.

COMMENT: As you can see in the HRC’s press brief enclosed in this blog entry, once again the GOJ is avoiding the topic of creating a legal framework to protect people against racial discrimination — claiming it’s already forbidden by the Japanese Constitution (but as we’ve stressed here umpteen times, no explicit law in the Civil or Criminal Code means no enforcement of the Constitution). But all the UN HRC seems to be able to do is frown a lot and continue the talk shop. Further, the UN still chooses the word “migrants” over “immigrants”, which makes NJ (and their J children) who need these rights look like they’re only temporary workers — the “blind spot” continues. Meanwhile, Fukushima and the death penalty seem to have sucked all the oxygen out of the debate arena regarding other human rights issues. In this blog entry is an excerpt of what Japan submitted to the HRC for consideration, and a media brief of the HRC’ s recommendations. It’s basically cosmetic changes, open to plenty of bureaucratic case-by-case “discretion”, and amounting to little promise of fundamental systemic or structural changes.

Archiving something important today: The text of the first law explicitly against (inter alia) racial discrimination in Japan that was passed (and then subsequently UNpassed by a panicky public). Although I have already written about this subject before, let me give you the story in more detail, then finish with the text of the jōrei so it does not disappear from the historical record. The fact that this former law has been removed entirely from the legislative record of Tottori Prefecture’s website is a crime against history, and an unbefitting end to a template of human-rights legislation so needed in Japan. So let me, for the purposes of keeping a record of the casualty of this catastrophic event, blog the entire text of the Ordinance on Debito.org to keep it web searchable. First, however, the background:

On October 12, 2005, after nearly a year of deliberations and amendments, the Tottori Prefectural Assembly approved a human rights ordinance (tottori-ken jinken shingai kyūsai suishin oyobi tetsuzuki ni kansuru jōrei) that would not only financially penalize eight types of human rights violations (including physical abuse, sexual harassment, slander, and discrimination by “race” – including “blood race, ethnicity, creed, gender, social standing, family status, disability, illness, and sexual orientation”), but also set up an investigative panel for deliberations and provide for public exposure of offenders. Going farther than the already-existing Ministry of Justice, Bureau of Human Rights (jinken yōgobu, which has no policing or punitive powers), it could launch investigations, require hearings and written explanations, issue private warnings (making them public if they went ignored), demand compensation for victims, remand cases to the courts, and even recommend cases to prosecutors if they thought there was a crime involved. It also had punitive powers, including fines up to 50,000 yen. Sponsored by Tottori Governor Katayama Yoshihiro, it was to be a trial measure — taking effect on June 1, 2006 and expiring on March 31, 2010. It was a carefully-planned ordinance, created by a committee of 26 people over the course of two years, with input from a lawyer, several academics and human rights activists, and three non-citizen residents. It passed the Tottori Prefectural Assembly by a wide margin: 35-3. However, the counterattack was immediate…

From The Shadows, a documentary film about Parental Child abduction in Japan, will premiere at the Philadelphia Film Festival on October 23rd and October 27th. This film follows the lives of 5 “Left Behind Parents” trying desperately to reconnect with their children after having their child-parent relationship cut by the other parent. Through their individual stories we examine why this situation is so common in Japan and hear opinions from an array of experts on the situation. The film has had work-in-progress screenings on Capitol Hill (Nov. 2011) and in Tokyo (Apr. 2012) that was attended by the foreign ministry and several embassy reps.

The screening venues and times for the Philadelphia Film Festival are:
1. Tuesday October 23rd, 5:00 pm – Prince Music Theater – 1412 Chestnut Street Philadelphia, PA 19102

2. Saturday October 27th 7:35 pm – Ritz East – 125 South Second Street Philadelphia, PA 19106

First go to this link: http://filmadelphia.festivalgenius.com/2012/films/fromtheshadows0_mattantell_filmadelphia2012

Been doing some writing and inserting the definition of “gaijin” in Japan in terms of marketing into my research, and found that the “Gaijin Mask” found at Tokyu Hands in 2009 and featured on Debito.org has recently been changed to “Gaikokujin Mask”, according to Amazon Japan.

Note the stereotypical racialized characteristics for both “dokkiri” party goods include large a large nose, blue eyes, cleft chin, blond hair, “Hollywood smile,” and grand gesticulations. The default language for the “foreigner” (as seen by the harō and ha-i!) is English (if not katakana Japanese for the desu copula). However, “gaijin” has been adjusted to “gaikokujin” (as if that makes the commodification of racism all better).

Note also that even though this apparently has been a recent change (information was received by Amazon Japan only last month), it’s suddenly “Currently unavailable” and “can not be shipped outside Japan”. (I wonder if anyone looking at the product with an IP in Japan is also unable to purchase it.) See screen capture here:

Same thing with the racialized Little Black Sambo dolls I found on Amazon Japan last night (which have been on sale since shortly after unbook Little Black Sambo was resuscitated in Japan, extending racism into the next generation): It’s also “Currently unavailable.” And not for sale anyway outside of Japan. So methinks the producers are well aware that they could get in trouble if marketed to an overseas audience. But no matter — there’s money to be made here — who cares if the product is racialized when the domestic market from childhood thinks racism of this sort is unproblematic?…

In one important NJ legacy, Japan’s courts have, according to the Japan Times, reaffirmed the right to strike for “laborers” (roudousha) in Japan’s private sector. Note that the right to strike has been denied to public-sector laborers — a legacy of SCAP’s “Reverse Course” of 1947-8 (Akira Suzuki, “The History of Labor in Japan in the Twentieth Century”, in Jan Lucassen, ed. “Global Labour History”, pg. 181), when the American occupiers were worried about Japan “going Red” like China and North Korea; to maintain administrative order, bureaucrats were explicitly denied the right to strike or engage in political activities (fortunately, they retained the right to vote; thanks for small favors). But in the face of eroding labor rights over the past few decades (when, for example, the rights of permanently-contracted workers to not have instant termination without reason, were being abused by unilateral contract terminations of NJ educators), a nuisance lawsuit by Berlitz against its eikaiwa workers fortunately ended up in the reaffirmation of their right to strike last February. Since we have talked about it on Debito.org at great length in the past, I just wanted to note this for the record. And say thanks, good job, for standing your ground for all of us.

Japan Times: Over 100 Berlitz Japan teachers struck over 3,000 lessons between December 2007 and November 2008 in order to win a 4.6-percent pay hike and one-off one-month bonus. The language school claimed the strikes were illegal mainly because the union gave little notice of the impending strikes… Tokyo District Court dismissed the entire case in its Feb. 27, 2012, verdict, reaffirming the powerful guarantee of the right to strike in Japan.

John Morris at H-JAPAN: A committee has been set up within the Cabinet Office of Japan, composed of the vice-ministers of the Cabinet Secretariat, Ministry of Internal Affairs and Communications, Ministiry of Law, Foreign Affairs, Finance, Education etc, Health etc, Agricutlure etc, Industry etc, Land etc, Police to investigate and recommend policy on “co-existence with foreigners”. Information on the committee can be found at the following URL:
http://www.cas.go.jp/jp/seisaku/kyousei/index.html
The documentation provided here gives a very succinct summary of what the government (national level bureaucrats?) of Japan think about “foreigners” here, and how they formulate their perceptions of what the “problems” are, and very vaguely hint at where they see future solutions.

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

I’ve sat on this for more than a year. Now that the whole debate on “granting foreigners suffrage will mean the end of Japan” has probably died down a bit, it’s time that we look back on what happened then, and on the aftermath wrought by people losing their heads.

After the Democratic Party of Japan came to power in 2009, after decades of mostly unbroken and corrupt Liberal Democratic Party rule, there was hope for some new inclusive paradigms vis-a-vis NJ in Japan, one of their smaller party planks was granting NJ (undecided whether NJ would be Permanent Resident or Zainichi Special Permanent Resident) the right to vote in local elections (like other countries do). This, alas, occasioned much protest and alarmist doomsaying about how Japanese society would be ruined by ever enfranchising potentially disloyal foreigners (“They’d concentrate in parts of Japan and secede to China!”, “Kim Jong-Il will now have influence over Japan!”), and suddenly we had regional governments and prefectures passing petitions (seigan) stating that they formally oppose ever giving suffrage to foreigners.

The Tsukuba City Council was no exception, even though Tsukuba in itself is an exceptional city. It has a major international university, a higher-than-average concentration of NJ researchers and academics, a centrally-planned modern showcase living grid with advanced communication networks, and one of Japan’s two foreign-born naturalized citizens (Jon Heese; the other city is Inuyama’s Anthony Bianchi) elected to its city council. Yet Tsukuba, a city designed to be one of those international communities within Japan, was given in December 2010 a petition of NJ suffrage opposition to consider signing and sending off to the DPJ Cabinet. Here’s the draft:

Last month I had an extensive interview with Victor Fic of the Asia Times on me, the Otaru Onsens Case, human rights in Japan, and the future. It went up last week. While long-term readers of Debito.org might not find much they haven’t heard before, it’s a good “catch-up” and summary of the issues for interested newbies.

Asia Times: When US-born Dave Aldwinckle became a Japanese citizen named Arudou Debito in 2000, two Japanese officials told him that only now did he have human rights in Japan. Such prejudice galvanized him into becoming a crusader against anti-gaijin(foreigner) discrimination after braving death threats to him and his family. Is Arudou throwing the egg of morality and legality against the rock of ancient bias? In this exclusive interview with Asia Times Online contributor Victor Fic, he sees Japan turning inward.

Victor Fic: Did you ever think that you would become a Japanese citizen?

Arudou Debito: Hell no! I wasn’t even interested in foreign languages as a child. But I moved from my birthplace, California, to upstate New York at age five and traveled much overseas, learning early to communicate with non-native English speakers. I’d lived a lot of my life outside the US before I graduated from high school and wasn’t afraid to leave home. But changing my citizenship and my name, however, was completely off the radar screen. I didn’t originally go to Japan to emigrate – just to explore. But the longer I stayed, the more reasonable it seemed to become a permanent resident, then a citizen. Buying a house and land was the chief reason that I naturalized – a mortgage means I can’t leave. More on me and all this on my blog [1]…

VF: Why do you insist that prejudice towards foreigners in Japan is severe?

AD: It’s systematic. In my latest Japan Times column [2] I discuss the lack of “fairness” as a latent cultural value in Japan. Japanese tend to see foreigners as unquestionably different from them, therefore it follows that their treatment will be different. Everything else stems from that. My column gives more details, but for now let me note that a 2007 Cabinet survey asked Japanese, “Should foreigners have the same human-rights protections as Japanese?” The total who agreed was 59.3%. This is a decline from 1995 at 68.3%, 1999 at 65.5% and 2003 at 54%. Ichikawa Hiroshi, who was a Saga Prefecture public prosecutor, said on May 23, 2011, that people in his position “were taught that … foreigners have no human rights ” [3]. Coming from law enforcement, that is an indicative and incriminating statement…

VF: Can you cite practical examples from daily life?

AD: Sure…

CRN: Now offering assistance to those with cases of Parental Abduction. Over 50 years combined experience.

PASS provides testimony in order to educate the courts, and put “safe-guards” into place to protect children from being wrongfully removed from the USA. Effective testimony can assist parents in their court cases by educating attorneys and judges about the risks of parental abduction and the dangers associated with it. PASS assists you in making sure that high risk cases are carefully examined by the courts. When needed PASS assists the courts in implementation of supervised visitation and port closure to protect at risk youth.

Testimony includes -
★ Training courts on the factors that indicate an individual is likely to commit an international child abduction
★ Assisting Judges in assessing the degrees of the risk of international child abduction
★ Presenting arguments regarding the sufficiency proposed custody order in preventing a potential international child abduction
★ Supplying Data on the likelihood that a foreign country will return an abducted child, and / or allow continued visitation

McPike: Based on research done by both Law Professors in Japan and by Left-Behind Parents, we know that these cases [of abducted children in Japan with American citizenship] number into the thousands.

In the english translation (Translation by Matthew J. McCauley of University of Washington’s Law School) of a paper written by Professor Tanase in 2009 (who has also been used as a consultant by DoS) he states, using statistics provided by various Japanese sources, that:

“ Over 251,000 married couples separated in 2008, and if this number is divided by the 726,000 marriages in the same year, roughly one out of every 2.9 marriages will end in divorce. Out of all divorcing couples, 144,000 have children, equaling about 245,000 children in all. Seeing as roughly 1.09 million children were born this year, about one out of every 4.5 children will experience divorce before reaching adulthood. Even with the increase in visitation awards, only about 2.6% of the 245,000 children affected by divorce [in Japan] will be allowed visitation. “

To simplify it: Out of 245,000 children who’s parent’s are divorced in Japan ONLYabout 6300 children will be allowed to maintain some level of contact with their “non-custodial parent” (We’ll get back to how custody is determined). The remaining 238,700 children have one parent ceremoniously cut completely and suddenly from their life – often being punished, either emotionally or physically, by the “custodial parent” if they ask to continue to see the removed parent.

In addition, based on statistics provided by the Japanese Ministry of Health, Labor, and Welfare (and gathered by Left-Behind Parent: John Gomez):

From 1992 to 2009, there have been 7,449 divorces between an American and a Japanese in Japan.
Of those Americans, 6,208 were men, and 1,241 were women.
According to the statistics, there is, on average, one child per divorce in Japan

So when you take 7,449 divorces (each with an average of 1 child based on the above statistics) and use Professor Tanase’s 2.6% estimate (which should be expected to be higher than would actually apply to foreign parents), that leaves you with approximately 7,255 children of US citizens (just counting data up to 2009) that are being denied access to their US parent….

BAChome: Yesterday was an historic day. For the first time ever, the Japan Child Abduction issue reached the highest levels of our government. President Obama addressed the issue, to include both the Hague Convention and resolution of existing cases, in his meeting with Prime Minister Noda in New York yesterday…

AS Campbell: “The President also very strongly affirmed the Japanese decision to enter into The Hague Convention – asked that this – on Child Abduction – asked that these steps be taken clearly and that the necessary implementing legislation would be addressed. He also indicated that while that was an important milestone for Japan, that – he also asked the Japanese prime minister and the government to focus on the preexisting cases, the cases that have come before. The prime minister indicated that very clearly, he knew about the number of cases. He mentioned 123. He said that he would take special care to focus on these particular issues as we – as Japan also works to implement the joining of The Hague Convention, which the United States appreciates greatly.”

Paper: Organizations and programs have been set up all over the globe in the hopes of urging people to end prejudice. According to a research article, which will be published in an upcoming issue of Psychological Science, a journal of the Association for Psychological Science, such programs may actually increase prejudices.

Lisa Legault, Jennifer Gutsell and Michael Inzlicht, from the University of Toronto Scarborough, were interested in exploring how one’s everyday environment influences people’s motivation toward prejudice reduction…

The authors suggest that when interventions eliminate people’s freedom to value diversity on their own terms, they may actually be creating hostility toward the targets of prejudice.

According to Dr. Legault, “Controlling prejudice reduction practices are tempting because they are quick and easy to implement. They tell people how they should think and behave and stress the negative consequences of failing to think and behave in desirable ways.” Legault continues, “But people need to feel that they are freely choosing to be nonprejudiced, rather than having it forced upon them.”

We have some proactive treatment against discrimination towards a NJ coach in Japan’s soccer leagues. Witness the reaction of other fans towards a nasty fan banner singling him out by his nationality, attributing to him behavior that is unrelated and unwarranted: criticism and the taking of responsibility. Good. Regardless of whether one might argue this actually constitutes “racism” or not, it is still indicative of the zero tolerance of discrimination that should be (and is, under FIFA) a hallmark of world sport leagues worldwide, including Japan’s.

I am, however, of two minds about manager Ghotbi meeting the nasty fans to somehow enlighten them. It on one hand seems a good PR strategy — engage and convince the nasties that their targets are humans with feelings after all. On the other hand, it may encourage other trolls who want attention (not to mention get a meeting with a famous NJ — just insult them and you get an audience) to do the same thing — and enough of these banners and people may start claiming “cultural misunderstandings” as justification (you get that with nasty slogans against NJ in Japanese baseball, e.g., the racist banners against Warren Cromartie). In my experience it doesn’t always work to talk to discriminators (sometimes their names exposed to social opprobrium is enough), but sometimes it does, and at least there is social opprobrium and media attention this time. Let’s keep an eye on this and see how it flies. Hopefully buds get nipped.

Kyodo: Shimizu S-Pulse manager Afshin Ghotbi has turned the other cheek toward two Jubilo fans who have been indefinitely banished from Iwata games for hoisting a racially motivated banner in the Shizuoka derby two weeks ago, wanting to meet them to try to raise international awareness throughout the J-League.

The two teenage Jubilo supporters were outlawed by their club on Monday after writing a banner that read, ‘‘Ghotbi, stop making nuclear weapons,’’ in the May 28 J-League contest between Shimizu and Iwata at Outsourcing Stadium… Ghotbi, the ex-Iran national coach who is in his first season in Japan at Shimizu, is Iranian-American…

Yet rather than further fry the two fans amid arguably the nastiest controversy between the Shizuoka-based clubs, [Ghotbi] wants a clear-the-air meeting with the pair to stamp out racism in the J-League for good…

A group of 14 Muslims has filed suit against the central and Tokyo metropolitan governments, demanding 154 million yen in compensation for violations of privacy and religious freedom after police antiterrorism documents containing their personal information were leaked onto the Internet.

The lawsuit filed at the Tokyo District Court accused the Metropolitan Police Department and the National Police Agency of systematically gathering their personal information, including on religious activities and relationships, merely because they are Muslims.

The lawsuit also alleged that after the information was leaked last October, the MPD failed to take sufficient action to prevent its spread.

In late November, a Tokyo-based publisher released a book carrying the leaked documents.

After the leak, “The plaintiffs were presumed to be international terrorism suspects. They were forced to leave their jobs and live apart from their families,” the petition filed Monday at the court claimed…

The government will seek to introduce a system to enable people who claim to be victims of human rights violations to file complaints with the United Nations and other international organizations based on global treaties, sources said Thursday.

Details will be worked out among officials from relevant government bodies, mainly the Justice Ministry and the Foreign Ministry, and the government intends to obtain Cabinet consent on the matter by the end of the year, the sources said.

The individual complaint system is based on international treaties governing the protection of human rights. Under the system, when perceived rights violations are not addressed after an individual has exhausted all possible means under a country’s legal system, the person can file a complaint with certain international organizations. The relevant organization then issues warnings or advisories to the nation if it recognizes the individual’s case as a human rights violation.

After an international organization gives its opinion or recommendation to a signatory nation of the relevant international treaty, the country is asked to investigate the cases based on the international organization’s views and report back to it…

The government is considering accepting the system via Cabinet consent on the following treaties: the
International Convention on the Elimination of All Forms of Racial Discrimination; the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the International Convention for the Protection of All Persons from Enforced Disappearance.

Today I’d like to write about something that came to mind when I was listening to National Public Radio’s “Fresh Air” podcast of February 21, 2011, which interviewed author and Columbia University professor Eric Foner for his book “The Fiery Trial: Abraham Lincoln and American Slavery”. (NPR information site on this show, excerpt from the book, and link to audio recording here.)

It was an excellent interview, shedding insights on just how entrenched unequal treatment towards people was in a system that on paper and in its very declaration of independence proclaimed that all men are created equal. I found similarities in the attitudes that people have towards foreigners in Japan, based not only on recent confessions by a public prosecutor that criminal jurisprudence training seeks to systematically deny human rights to foreigners, but also consequent twitter comments that justified the status quo of unequal treatment for foreigners. It shows just how far Japan as a society (not to mention the GOJ’s Bureau of Human Rights, which itself misunderstands the very concept of human rights in its surveys and awareness raising efforts; see my Japan Times article, “Human Rights Survey Stinks: Government effort riddled with bias, bad science”, of October 23, 2007) has to go before it understands that concepts of human rights are universal, not based upon citizenship.

Now for the disclaimers: I am aware that apparently linking the treatment of NJ in Japan to slaves in America is not an apt comparison (although Japan’s “Trainee/Researcher” system for importing cheap NJ labor has encouraged widespread labor abuses, child labor, and, yes, even slavery). I am aware that most NJ are in Japan of their own free will (if one ignores the forced labor of many Zainichi ancestors), whereas slaves were brought to the US by force. Et cetera. But the two concepts are related if not co-joined, as racial discrimination and justified unequal treatment is common to them both. What I want you to think about as you read the interview is how the contemporary debate arena and concepts of fundamental equality were blurred in both Pre-Civil-War USA and are still being blurred in contemporary Japan, tying the hands of even someone as able and firm in his convictions as Abraham Lincoln.

Excerpt of the interview follows. Quick comment from me below.

The chief prosecutor in the Saga City Agricultural Co-op case, now known to be a frame-up, spoke at a symposium held in Tokyo on May 23, 2011, offering a revealing discussion of the surprising reality of the training he received when he joined his department. “We were taught that yakuza and foreigners have no human rights,” he disclosed, and “public prosecutors were taught to make up confessions and then have suspects sign them.” Describing how terrifying this warped training system is, he added that “after being trained in that way, [he] began to almost believe that this was natural.” The person making the statements about his erstwhile workplace was former public prosecutor Hiroshi Ichikawa…

Mr. Ichikawa was appointed to the Yokohama District Public Prosecutor’s Office in 1993. He said that in his first year, a superior prosecutor taught him that “yakuza and foreigners have no human rights.” Describing his experiences, he mentioned that that superior said, “Foreigners don’t understand Japanese, so you can use whatever threatening language you like if it’s in Japanese.” The same superior also said that when investigating one foreign suspect, he held a pointed awl in front of the suspect’s face and shouted abuse at the suspect in Japanese. “‘That’s how you get them to confess,’ the superior said.”

In his third year, a superior taught him how to obtain a confession; this consisted of the prosecutor taking a document filled with whatever the prosecutor chose to say, threatening the suspect with it, and obtaining the suspect’s signature. What if the suspect refused to sign? “If the suspect resisted, my boss said, I should say that the document was my [investigation], not his [confession form],” said Mr. Ichikawa.

COMMENT FROM MARK IN YAYOI: The Twitter comments that follow [this article] are dispiriting — nobody seems to notice the fundamental incongruousness of discussing members of a criminal organization and people who happen to have different nationalities in the same breath. And then there are the other commenters who support the idea of certain people not having human rights. Others claim that foreign embassies should be the ones to guarantee the rights of immigrants. They miss the fundamental meaning of ‘human’ rights: rights are inherent aren’t handed down by the government! The government can restrict certain people’s rights, but the default state is not ‘zero rights’.”

Two articles of note for today. One is from the Yomiuri about the Toyoko Inn, that hotel with a history of not only embezzling monies earmarked for Barrier-Free facilities for handicapped clients, but also wantonly racially profiling and unlawfully refusing entry to NJ clients. Less than a week after the Tohoku Disasters, the Yomiuri reports, Toyoko Inns in Iwate, Miyagi, Fukushima, and Ibaraki Prefectures were requiring customers to sign waiver contracts, absolving Toyoko of any responsibility should disaster strike. No signature means you couldn’t get accommodation, which is under the Hotel Management Law (and the Consumer Contract Law, mentioned below), unlawful. What a piece of work Toyoko Inn is. Again, hotels doing things like this deserve to be boycotted for bad business practices.

Then there are the knee-jerk hotels in Japan who go into spasm to deny service whenever possible. If it’s the case of NJ guests (27% of Japanese hotels surveyed, according to a 2008 GOJ survey, indicated they want no NJ guests at all), things get even more spastic: Either a) they Japanese hotels get deputized by the NPA to racially profile their clients, refusing foreign-looking people entry if they don’t show legally-unnecessary ID, or b) they put signs up to refuse NJ clients entry because they feel they “can’t offer sufficient service” (seriously), or c) they refuse NJ because of whatever “safety issue” they can dredge up, including the threat of theft and terrorism, or even d) they get promoted by government tourist agencies despite unlawfully having exclusionary policies. What a mess Japan’s hotel industry is.

As for Japanese guests? Not always better. Here’s the latest mutation: The Yomiuri reports places are refusing Japanese people too from irradiated Fukushima Prefecture because they think they might be glowing:

As the article lays out, it’s not just a hotel (although hotels have a particular responsibility, even under the law, to offer refuge and rest to the paying public). A gas station reportedly had a sign up refusing Fukushima Kenmin (they must think Fukushimans spark!), while complaints came in to official soudan madoguchi that a restaurant refused Fukushimans entry and someone had his car defaced. In all, 162 complaints reportedly came in regarding fuhyou higai, or roughly “damages due to disreputation” of being tarred by the disasters. Now that’s an interesting word for a nasty phenomenon.

Good news is that these problems are at least being reported in the media as a social problem, and Fukushima Prefecture is asking the national government to address them. Let’s hope the GOJ takes measures to protect Fukushima et.al. from further exposure to “fuhyou” and discrimination. Might be a template for getting the same for NJ. (Okay, probably not, but it’s still the right thing to do.)

SNA: A new project team has been created by the Ministry of Internal Affairs and Communication, the National Police Agency, and METI to combat “rumors” deemed harmful to Japanese security in the wake of the March 11 disaster.

Specifically, these government organizations asserted in a press release that the damage caused by earthquakes and by the nuclear accident are being magnified by irresponsible rumors, and that the government must take steps against this trend for the sake of the public good…

The Telecom Services Association reveals that the following requests have thus far come from the government:
March 17: Erase descriptions of the earthquake as a man-made event
March 24: Erase descriptions about the manufacturers of the troubled nuclear reactors
March 28: Erase claim that the earthquake was caused by foreign terrorism…

COMMENT: Here we have GOJ agencies working to stem malicious rumors from proliferating online, including those targeting NJ. Good. It’s also presented (by a news blog) as a debate between those who feel they have a right to know (and feel betrayed by the official media as an information source) and those who feel they can say anything they like about anybody thanks to freedom of speech. It’s a fine line, to be sure, but I’m glad to see somebody official trying to tackle (or, rather, at least thinking about tackling) the issue of hate speech against NJ. But without clear legal guidelines about what constitutes “hate speech” (or for that matter, “immoral information”) in Japan, those who don’t trust the government will no doubt foresee a wave of official censorship.

As I shift the focus of Debito.org to how NJ residents are being bashed in Japan post 3-11 despite their best efforts, it’s first prudent to start giving an example or two of how NJ are actually trying to help. Others who are similarly helping out are welcome to submit their stories here either by email (debito@debito.org) or as a comment below. Well done, James. Debito

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Report on the Miyagi trip this past Sunday after our Saturday fundraising efforts.
By James Gibbs. April 1, 2011
After holding a fundraising event on Mar.26, the following day we delivered donated items along with a fully-loaded van of food and clothes to Onagawa next to Ishinomaki City, which is just north of Sendai in Miyagi Prefecture. I’ve made the following brief report on the trip along with first-hand observations on the situation and suggestions for future assistance as I know everyone is wanting to do something to help…

For another Weekend Tangent, we have rock star Sting being asked for an opinion of documentary “The Cove” and dolphin slaughters by activist Ric O’Barry. Sting gives an intelligent opinion without alienating his Japanese market (something he’s had a history of doing in the past).

If you want to see Sting more in character vis-a-vis his outspokenness, have a listen to him playing “Murder By Numbers” with Frank Zappa some years ago.

Japan Times: The Japan Times talked to three well-known, popular foreigners who have made it to the top of their fields in Japan about their views on surviving and thriving as a foreigner in Japanese society.

Peter Barakan is a British musicologist and commentator who arrived in 1974. Konishiki is a Hawaiian former sumo great who has spent 27 years in Japan. Tsurunen Marutei is the first foreign-born member of the Diet’s House of Councilors of European descent. Originally from Finland, he has lived here for 42 years.

So how do these three Japan hands — who have racked up over a century in the country between them — stay sane under the barrage of compliments that can push even the greenest, most mild-mannered gaijin over the edge from time to time? What witty retorts do they have in their armory for when they are told they use chopsticks well?

Tsurunen: “I say thank you.”

It seems that while coming up against and confounding stereotypes — e.g. the awkward, Japanese-mangling foreigner — can make some foreigners feel they aren’t being taken seriously, seasoned veterans have learned to blow this off — or even revel in it…

PGL Conference 2010
International Christian University, Tokyo
The Conference: The 3 R’s: Resist Business as Usual, Reclaim Space for Peace, Revolutionise Public Consciousness
Sat Dec 4, Session 3: Arudou Debito, Hokkaido Information University (60 mins)
Talk Title: Propaganda in Japan’s Media: Manufacturing Consent for National Goals at the Expense of non-Japanese Residents

Abstract: Japan has one of the most vibrant and pervasive domestic media environments in the world. This media environment can also be significantly manipulated by the Japanese government, mobilizing Japanese public opinion towards national goals even at the expense of domestic minorities — particularly non-citizens. The degree of underrepresentation and disenfranchisement of Non-Japanese residents in Japan is clear when one studies the “foreign crime wave of the 2000s”, promoted by the government in the name of “making Japan the world’s safest country again”, justifying public policy against “foreign terrorism, infectious diseases, and crime”. The domestic media’s complicity in publicizing anti-foreign sentiment without analysis has caused quantifiable social dehumanization; government polls indicate a near-majority of citizens surveyed do not agree that non-citizens should have the same human rights as citizens. This presentation studies how language and media have been used as a means for disseminating propaganda in Japan, fostering social stratification, alienation, and xenophobia.

DEBITO.ORG PODCAST DECEMBER 1, 2010
PALE SIG Forum: Labor relations in Japan
Language: English
From recruitment through retirement (or dismissal), labor laws, court precedents, and labor unions affect educational workers. Educational workers, especially non-Japanese, however, are not well informed or even misled about this. For example, though Westerners want written contracts, Japanese labor advocates recommend not signing contracts in some cases to protect employment rights. This recommendation is based on labor law and court precedents. Accordingly, labor unions play a more crucial role in protecting worker rights than some think.

Neo Yamashita, Vice Chair of the Education Workers and Amalgamated Union Osaka (EWA), gives us his decades of expertise on November 20, 2010. Podcast listenable from here. 87 minutes. No cuts.

DEBITO.ORG PODCAST DECEMBER 1, 2010 Play Now | Play in Popup | Download

We might have the image of the DPJ being too bogged down in politics to get much done. But as NHK reports below (be sure to watch video too from the link), we have some pretty impressive lawmaking being done by a more liberal government for one underprivileged segment of Japanese society — the handicapped.

The committee’s deliberations are saying the things we want guaranteed vis-a-vis human rights for human beings — including protections enshrined in law. With this precedent and degree of enlightenment, can we but hope that they could someday stretch it to include non-citizens? The linkage, however tenuous, is there. Have a read

Hi Blog. As a Weekend Tangent, what a place like Canada does when you have a thing like racially-motivated slurs and abuse: They give the abuser jail time. Fancy that. In fact, more than the prosecution was seeking. Fancy that. I’ve been told on more than one occasion to “go back to my own country” (even after naturalization, and once by a professor in my own university), and nobody has ever anything about it. Sad, innit?

Calgary Herald: A Calgary man who made racial slurs and spit in the face of a woman waiting to catch a bus has received a six-month jail sentence — twice the punishment the Crown was seeking…

Juzwiak said Richardson told the woman she was an immigrant and should go back to her own country. He spat on her, then threatened her and a man came to her rescue…

CJFF: Afternoon of October 13, 2010 immigration officers questioned Victor de la Cruz in his work site at Gako Ishikaya located at the basement of Tokyo’s Shimbashi station of JR line. The immigration officer is asking if he and his wife, Susan Lubos de la Cruz who is an employee of an African embassy and Victor as her dependent are real husband and wife. There is no established case and Victor went home afterwards.

Today, October 20, 2010 at around 11:30 a.m. the immigration officers went to the home of Mr. and Mrs. de la Cruz in Meguro-ku and Victor was alone in the house. Later an immigration officer who gave his name as Mr. Kato of Shinjuku immigration with telephone number 03 5155 0496 called Susan, the wife of Victor, informing that they, the immigration officers, sent Victor to the National Organization Tokyo Medical Center at around 1:00 p.m. Victor suffered heart attack and in comatose given a 10-20 % chance to live by the doctor as of this writing (October 20, 2010, 11:50 pm).

Susan learned that her husband heart have stopped beating for an hour before Victor was sent to the hospital. Upon arriving home, Susan found all of their things and belonging are scattered and she also learned from the immigration officers that they went to their house to look for evidence if their marriage is real or not…

Susan, a member of Gabriela-Japan, a chapter of the Philippine national women organization Gabriela with 2 seats in the Philippine House of Representatives, is asking her organization for legal assistance and possibly to question the Immigration Bureau about the legality of their actions. Nobody knows what transpired and what kind of treatment, pressure, or intimidation or whatever the immigration officer employed to make Victor to suffer from heart attack. Susan is also doubtful about the legality of the immigration officers’ action in raiding her house…

Here is a report from Chand Bakshi on how he called “basta” to a hotel that was racially profiling its customers, demanding all visually-looking NJ submit to an ID check and copy — claiming erroneously that this was required by law. Chand followed up on this to the point where he got capitulation and an apology. Well done.

This is actually pretty effective. The hotel I usually stay at in Tokyo has on various occasions (depending on how I was dressed) tried to Gaijin Card me too. I told them (and later followed up with an explanation to the management) that this only applied to tourists; NJ with Japanese addresses are not required to show ID. Of course, that’s not what the NPA would have hotels believe — they have explicitly instructed hotels to inspect and photocopy ID of ALL NJ. Which is why we must fight back against this invitation to racial profiling, as Chand has below.

In my case, my Tokyo hotel yesterday asked me if I had a domestic address upon check-in (which I’m fine with). I pointed to my name on the check-in card and said, check your records — I’m not only a Japanese, but also a frequent customer. Got a deep apology. But at least now my hotel chain is more sophisticated in its approach.

Read on for Chand’s report…

Yesterday three friends and I visited the US Embassy in Tokyo to discuss employment and other issues of discrimination in Japan. The consular official who received us, a Mr Thomas Whitney, kindly gave us 90 minutes to give as much information as we liked for consideration in the US State Department Country Reports on Human Rights, an annual report given by the USG on individual countries that has in past years included information on even the Otaru Onsens Case (thanks). What follows are the summaries provided in advance of what we would say. Here’s mine, since it’s shortest:

The Japanese Government (GOJ) has a history of not abiding by its treaty obligations. With “Japanese Only” signs and rules in businesses nationwide (despite unlawfulness under both the Japanese Constitution and the UN CERD) and clear and present inequality towards non-Japanese in both the workplace and in protections under the law, Japan still has no national law with penalties against racial discrimination. The GOJ continues to make arguments to the UN against adopting one (i.e., freedom of speech and the efficacy of the Japanese judiciary for redress), while abuses towards non-Japanese and ethnically-diverse Japanese worsen (e.g., new and overt examples of hate speech and xenophobia, racist statements by politicians and media, even targeting of naturalized citizens for suspicion and exclusion). The GOJ has had more than a decade (having effected the CERD in 1996) to make legislative attempts to rectify this system, and its negligence presents ill precedent for abiding under future treaty signings (such as the Hague Convention on Child Abductions). Friends must help friends break bad habits, and gentle international pressure to assist the GOJ under a new reformist administration move in the right direction is a good thing for all concerned.

Arudou Debito

NB: Since our focus was on employment issues, I cited my experiences with TADD and Ambassador Mondale back in 1995 (See Ivan Hall CARTELS OF THE MIND), and the systematic full-time contracting of NJ in academia as witnessed through the Blacklist of Japanese Universities. I also mentioned that the GOJ has constantly refused attempts to release hard numbers on how many NJ academics in Japan have contracts vs tenure compared to Japanese academics getting contracts vs tenure (see more on this Academic Apartheid here). I also tied everyone’s presentations at the end with a request for USG visits to the Ministries of Education and Labor (following on Mondale’s precedent), to express awareness of the problem and the desire for proper enforcement of existing labor laws (if not the creation of a law against racial discrimination). Finally, I gave Mr Whitney the FRANCA handouts I gave the United Nations last March regarding general issues of discrimination in Japan (here and here).

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.